Colorado § 13-93-110 - Notice of charges - time to show cause.

§ 13-93-110. Notice of charges - time to show cause.

Every attorney, before his or her name is stricken off the roll, shall receive a written notice from the clerk of the supreme court stating distinctly the grounds of complaint or the charges exhibited against him or her, and after the notice he or she shall be heard in his or her defense and allowed reasonable time to collect and prepare testimony for his or her justification. Any attorney whose name, at any time, is stricken from the roll by order of the court shall be considered as though his or her name had never been written thereon until such time as the said justices, in open court, authorize him or her to sign or subscribe the same.

Source: L. 2017: Entire article added with relocations, (SB 17-227), ch. 192, p. 700, § 1, effective August 9.

Editor's note: This section is similar to former § 12-5-114 as it existed prior to 2017.

ANNOTATION

Annotator's note. Since § 13-93-110 is similar to former § 12-5-114 and laws antecedent to that section, relevant cases construing those provisions have been included in the annotations to this section.

This section does not direct how such notice shall be served. In re Walkey, 26 Colo. 161, 56 P. 576 (1899).

In the absence of specific directions regarding such service, any method adopted from which it appears that respondent received the required notice will be sufficient. In re Walkey, 26 Colo. 161, 56 P. 576 (1899).

This section makes ample provision for restoring to the bar any attorney whose name may have been stricken from the roll by order of the supreme court. People ex rel. Elliott v. Green, 7 Colo. 237, 3 P. 65 (1883).

The court has no power to restore the petitioner to the rolls until it be shown that restitution has been made to the client of the moneys detained. Ex parte Browne, 2 Colo. 553 (1875).

Evidence insufficient to warrant reinstatement to the bar. In re Petition of Howard, 178 Colo. 350, 497 P.2d 1023 (1972).

Whether or not leniency shall be exercised, and how soon, must depend, to a great extent, on the respondent himself. People ex rel. Elliott v. Green, 7 Colo. 237, 3 P. 65 (1883).