2023 Colorado Revised Statutes › Title 21 - STATE PUBLIC DEFENDER (§§ 21-1-101 — 21-2-109) › Article 2 - ALTERNATE DEFENSE COUNSEL (§§ 21-2-101 — 21-2-109) › Section 21-2-107 - Complaints against contracted attorneys - procedure

(1)
If a person files a claim for damages arising from professional negligence as a result of an act or omission committed by an attorney during the performance of the attorney's duties pursuant to a contract with the office of alternate defense counsel pursuant to section
21-2-105
:
(a)
The complainant shall file with the court a certificate of review in accordance with the provisions of part 6 of article
20
of title
13
, C.R.S.;
(b)
The attorney shall not be required to file an answer to the complaint until twenty days after the complainant files the accompanying certificate of review; and
(c)
The office of the attorney general shall represent the attorney from the time of service of the complaint until the certificate of review is filed; except that, if the office of alternate defense counsel determines that the act or omission that is the basis of the claim did not occur during the performance of the attorney's duties pursuant to a contract with the office of alternate defense counsel pursuant to section
21-2-105
:
(I)
The office of alternate defense counsel shall notify the attorney and the office of the attorney general of said determination; and
(II)
The office of the attorney general shall not represent the attorney.
(2)
Upon the timely filing of a certificate of review as required in subsection (1) of this section, the court shall:
(a)
Allow the office of the attorney general to withdraw from representation of the attorney; and
(b)
If requested, allow the attorney to substitute new counsel to represent him or her.
(3)
If the office of the attorney general represents an attorney pursuant to paragraph (c) of subsection (1) of this section and the court determines that the act or omission that is the basis of the claim did not occur during the performance of the attorney's duties pursuant to a contract with the office of alternate defense counsel pursuant to section
21-2-105
, the office of the attorney general may request, and in response to such a request the court shall order, the attorney to reimburse the office of the attorney general for reasonable costs and reasonable attorney fees incurred by the office of the attorney general during the course of the representation.
(4)
If a person files a claim for damages that arise from professional negligence as a result of an act or omission committed by an attorney during the performance of the attorney's duties pursuant to a contract with the office of alternate defense counsel pursuant to section
21-2-105
and the attorney's contract for insurance with his or her malpractice insurance carrier requires the attorney to notify the insurance carrier upon the filing of a claim against the attorney, the insurance carrier may not consider the claim in determining the amount of the attorney's future malpractice insurance premiums unless a certificate of review is timely filed pursuant to paragraph (a) of subsection (1) of this section.
L. 2010: Entire section added, (SB 10-063), ch. 99, p. 339, §1, effective August 11.