July 30, 2014

Update: Search Is on for Chief Justice Mullarkey’s Successor

August will be a busy month for the Colorado Supreme Court Nominating Commission, as it will meet three times that month to screen applications and interview and nominate Colorado lawyers applying to succeed retiring Chief Justice Mary Mullarkey on the high court bench, according to a press release issued today by State Judicial.

The 14-member Commission will first meet on Monday, August 16, to review the field of applicants interested in the judgeship, then reconvene the following week — on Monday, August 23, and Tuesday, August 24 — to interview the top candidates. The Commission  will recommend to Gov. Ritter its three nominees. The governor then has 15 days to appoint the new supreme court justice. As for filling the chief justice vacancy created by Chief Justice Mullarkey’s retirement, that is a task for the remaining members of the supreme court. They will privately caucus and appoint from amongst themselves a successor. Supreme court justices receive a provisional, two-year appointment by the governor, after which they are retained by voter approval every ten years.

All attorneys licensed to practice in Colorado for at least five years and who are registered electors in the state are eligible to apply for the judgeship. Detailed instructions about the application process and the application itself are available online. Application packages (consisting of one original application plus 14 copies) must be received by the office of Commission ex officio chair, Chief Justice Mullarkey, 101 W. Colfax Ave., Eighth Floor, no later than Monday, July 26 at 5:00 p.m.

Chief Justice Mullarkey announced her intention to retire, effective November 30, two weeks ago.

(image source: State Judicial)

Legal Update: Supreme Court Hearing Set for Proposed Colo. RPC Changes

The Colorado Supreme Court will hold an open hearing on proposed amendments to Colorado Rules of Professional Conduct (Colo. RPC) 1.5(b) and 1.8 on Wednesday, October 27, at 1:30 p.m.

The proposed amendment to Colo. RPC 1.5(b), “Fees,” will add language to the Rules that requires an attorney to advise clients in writing of “any change to the basis or rate of the fee or expenses.” Additions to Comments [2] and [3a] would clarify exclusions to the written notice requirement.

The proposed amendment to Colo. RPC 1.8, “Conflict of Interest: Current Clients: Specific Rules,” would add language cross-referencing the changes, if approved, made to Colo. RPC 1.5(b), as described above.

A redline showing the all of the proposed changes is available here.

The October 27 hearing is open to the public and will be held in the Colorado Supreme Court’s temporary courtroom on the first floor of the Denver Post building at 101 W. Colfax Avenue. Interested parties are also invited to submit written comments to the court prior to the hearing. Comments and requests to participate in the hearing must be received by Susan J. Festag, Clerk of the Supreme Court, by the close of business on Wednesday, October 20.

June 15: Representing State Employees at the State Personnel Board

On Tuesday, June 15, CBA CLE will host employment lawyer Nora V. Kelly in a one-hour lunchtime presentation, Representing State Employees at the State Personnel Board.

Unlike private employees, state employees who are certified have the right of due process provided to them through the Colorado Constitution. They also have other rights provided to them by the Colorado State Personnel Board. This program provides instruction to attorneys on representing state employees regarding:

  • The right of due process, when it applies and how, and to which state employees;
  • What attorneys representing state employees should know about the State Personnel Board Rules; and
  • What attorneys representing state employees should know about representing a state employee in an appeal before the State Personnel Board.

This program will be held in our classroom on June 15, 2010. Live attendees receive lunch with their registration. It is also available via live webcast, MP3 download, and video on-demand. It has been submitted for one general CLE credit. Register today!

Nora V. Kelly has practiced in the area of employment law since 1992. She specializes in representing state employees and other public employees. She has represented state employees in appeals and other hearings before the Colorado State Personnel Board. She successfully represented Kathy Lawley in a seminal case that went all the way to the Colorado Supreme Court, Lawley v. Dep’t of Higher Education, 36 P.3d 1239 (Colo. 2001). Ms. Kelly graduated from the University of Denver College of Law in 1986 and clerked for a judge on the Colorado Court of Appeals before going into private practice.