August 20, 2019

Colorado Supreme Court Issues Three Rule Changes, Affecting Rules Governing Admission to Bar, Criminal Procedure Rules, and More

On Friday, January 25, 2019, the Colorado Supreme Court issued Rule Changes 2019(02), 2019(03), and 2019(04). All of the rule changes are effective immediately.

Rule Change 2019(02) amends Rule 5, “Preliminary Proceedings,” of the Colorado Rules of Criminal Procedure. The change specifies that current Armed Forces members or veterans may be entitled to receive mental health treatment, substance use treatment, or other services as a veteran.

Rule Change 2019(03) amends several rules in Rules Governing Admission to the Practice of Law in Colorado. Many of the changes involve a move of the provision on the mandatory professionalism course from Rule 203.2 to Rule 203.1, and amending several of the rules to update cross-references. Many other cross-references were updated in the rule change, and Rule 205.6, “Practice Pending Admission,” was updated to clarify the requirements of payment of fees. Rule 211.2(10) regarding reinstatement requirements was repealed.

Rule Change 2019(04) amends three of the Colorado Rules of Procedure Regarding Attorney Discipline and Disability Proceedings, Colorado Attorneys’ Fund for Client Protection, and Mandatory Continuing Legal Education and Judicial Education. Rule 250.7, “Compliance,” was amended to update a cross-reference and to delete the reinstatement requirement of taking the bar exam in subsection (10). Rule 251.31, “Access to Information Concerning Proceedings Under These Rules,” was amended to specify in subsection (r) that Regulation Counsel’s records regarding sexual harassment allegations will be available to complainant and respondent if they are not otherwise privileged. Rule 252.5, “Composition and Officers of the Board,” was completely repealed and reenacted.

For redlines and clean versions of Rule Changes 2019(02), 2019(03), and 2019(04), click here. For all of the Colorado Supreme Court’s adopted and proposed rule changes, click here.

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