Local Rule D.C.COLO.LAttyR 10: INCAPACITY DUE TO DISABILITY OR SUBSTANCE ABUSE

D.C.COLO.LAttyR 10 INCAPACITY DUE TO DISABILITY OR SUBSTANCE ABUSE

(a) Allegation or Evidence of Incapacity Due to Disability or Substance Abuse.

(1) Committee Investigation. When the Committee receives an allegation or evidence that a member of the bar of this court may be unable to fulfill his or her professional responsibilities because of mental or physical disability or substance abuse, the Committee may take or direct whatever action it deems appropriate to investigate the matter. The investigation may include examination by such experts the Committee shall designate. The cost of such examination shall be borne by the court. If the attorney fails or refuses to submit to the examination, the Panel may initiate contempt proceedings and impose appropriate punishment. The attorney may obtain an independent opinion from an expert or experts of his or her choice at his or her sole expense and may submit the results of such additional examination(s), and any written submissions to the Committee. If the Committee determines that the attorney is unable to fulfill his or her professional responsibilities because of mental or physical disability or substance abuse, the Committee shall petition the Panel for an order of suspension.

(2) Voluntary Election. At any time before the Committee petitions the Panel for an order of suspension, the attorney may elect to transfer voluntarily to disability inactive status. The Committee shall advise the attorney of this option prior to ordering any examination of the attorney. The Committee may continue any pending disciplinary investigation.

(3) Panel Determination. If the Committee petitions the Panel for an order of suspension, the Panel may take or direct whatever action it deems appropriate to determine the matter. The Panel shall provide the attorney with notice of the proceedings. If the attorney is without representation, the Panel may appoint counsel to represent the attorney. The Panel may order additional examinations, the cost of which shall be borne by the court. Failure or refusal to submit to examination shall be prima facie evidence of disability. The attorney may make a written submission to the Panel. Before reaching a determination, the Panel may offer the attorney an opportunity to transfer voluntarily to disability inactive status. If the Panel concludes that the attorney is unable to fulfill his or her professional responsibilities because of mental or physical disability or substance abuse, the Panel may order the attorney suspended. Alternatively, the Panel may impose conditions that the attorney must satisfy to continue practicing in this court and may issue a private letter to the attorney stating its bases for concern.

(b) Placement by Another Court on Disability Inactive Status. If a member of the bar of this court is placed on disability inactive status or suspended due to disability by any state or federal court, that attorney shall be placed on disability inactive status and shall not practice in this court until the attorney submits an application for reinstatement under D.C.COLO.LAttyR 11 and the application is approved by the Panel.

(c) Declaration of Incompetence or Involuntary Commitment. When the Panel receives proof that a member of the bar of this court has been judicially declared incompetent or involuntarily committed to a treatment facility, the Panel may immediately order that the attorney be suspended from practicing in this court. A copy of the order shall be served on the attorney, his or her guardian, and the director of the treatment facility.

(d) Claim of Disability During Disciplinary Proceeding. If during a disciplinary proceeding the attorney asserts that his or her defense is impaired due to mental or physical illness or substance abuse, the Panel shall refer the attorney to the Committee and order the attorney suspended from practicing in this court until the Committee determines the capacity of the attorney to practice law under Subdivision (a)(1).

(e) Effect of Disability Inactive Status or Suspension. An attorney who has been suspended by this court due to disability or who is on disability inactive status in this court shall not practice in this court until the attorney submits an application for reinstatement under D.C.COLO.LAttyR 11 and the application has been approved.