December 19, 2014

Tenth Circuit: Opinions, 6/10/10

The Tenth Circuit on Thursday issued no published opinions and five unpublished opinions.

Unpublished

United States v. Provencio-Sandoval

Wolf v. Petrock

United States v. Lopez

Troutt v. Jones

United States v. Harrison

Legislation: Governor Signs HOA Ombudsman Bill, HB 10-1278, into Law

Gov. Bill Ritter on Monday signed into law a bill that will create an HOA (Homeowners Association) Information and Resource Center to act as an HOA information clearing house within the state Division of Real Estate.

Informally known as the “HOA Ombudsman Bill,” HB 10-1278 was sponsored by Rep. Su Ryden (D-Aurora) and Sen. Morgan Carroll (D-Aurora), and creates the Center as a clearing house of legal information relevant to HOAs and homeowners. The information officer, or ombudsman, will act as an advocate and mediator on behalf of owners. The bill goes into effect on January 1, 2011.

For an excellent breakdown of the bill’s provisions, see this post on HOA Legi-Slate, which has prodigiously followed HB 10-1278 as it wended its way through the legislature this session. Attorney Mark Payne also blogs about HOA law and recently posted his take on HB 10-1078.

This new legislation was the subject of a one-hour lunchtime program at CBA CLE on Thursday, June 10. It will soon be available by MP3 download or online video.

(image source: Wikimedia Commons)

Update: Judge Gilbert Gutierrez to Retire; 19th Judicial District Seeks Successor

The Nineteenth Judicial District Nominating Commission will meet in mid-July to interview Colorado attorneys applying for the vacancy that the Honorable Gilbert A. Gutierrez will leave upon his retirement from the bench later this summer.

The meeting will be held in Room 410 of the Weld County Courthouse, 901 9th Ave., in Greeley, on Friday, July 16. Following the interviews, the Commission will recommend finalists for Gov. Bill Ritter to consider for appointment, and the governor will announce his appointee within 15 days, well in advance of Judge Gutierrez’s August 22 retirement.

The Nineteenth Judicial District Court hears domestic relations, felony criminal, juvenile, civil, mental health and probate cases for the 238,000-plus residents of Weld County. District court judges receive a provisional, two-year appointment by the governor, after which they are retained by voter approval every six years.

All attorneys licensed to practice in Colorado for at least five years and who are registered electors in the Nineteenth Judicial District are eligible to apply for the judgeship. Detailed information about the Nineteenth Judicial District and the application are available online. Application packages (consisting of one original application plus seven copies) must be received by the office of Commission ex officio chair, Justice Nancy E. Rice, 101 W. Colfax Ave., Eighth Floor, no later than Friday, July 9 at 5:00 p.m.

Prior to being appointed to the district court bench in January 2003, Judge Gutierrez served as county court judge from 1997 to 2002, taught criminal justice courses at the University of Northern Colorado from 1992 to 1996, was in private practice from 1984 to 1992, and was an assistant district attorney from 1980 to 1984. Judge Gutierrez currently hears felony cases.

(image source: State Judicial)