In re Kennedy.

2024 CO 21. No. 23SA137. Conduct and Discipline—Reciprocal Discipline—Limitation of Actions—Disbarment—Summary Judgment.

April 22, 2024

The Supreme Court concluded that the rule of limitation set forth in CRCP 242.12 does not apply to reciprocal disciplinary proceedings brought pursuant to CRCP 242.21. Accordingly, the Court held that in this case, the Presiding Disciplinary Judge (PDJ) did not err in declining to find the respondent attorney’s reciprocal disciplinary case barred by Rule 242.12. The Court further held that the PDJ properly granted the People’s motion for summary judgment and therefore affirmed the PDJ’s order that the respondent attorney be reciprocally disbarred in Colorado.