May 22, 2013

Profile of the New DBA President: A New President in Bloom

“The soul of a poet, the eye of an artist, the compassion of Atticus Finch, all wrapped into the Energizer Bunny.”

That was the succinct and vivid description Craig Joyce offered about Ilene Lin Bloom, the Denver Bar Association’s incoming president.

Bloom worked with Joyce on a federal case shortly after she moved to Colorado. Bloom had met Joyce’s then-partner Bill Walters at a DBA committee meeting and they struck up a conversation. Walters brought Bloom on the case when he found out she was new to town and looking for work.

“She was a dream come true,” Joyce said. “Smart, energetic, good writer. I don’t know how I would have done the case without her.”

In the nine short years Bloom has lived in Denver, she has made a distinct impact on the legal community. On July 1, she becomes the DBA’s 122nd president.

After moving to Denver from Chicago in 2002, Bloom immediately began establishing herself at the DBA through her participation in its Access to Justice Committee, then known as the Legal Services Committee.

“I joined that committee and I started to get to know more people around the bar association,” she said.

Since then, she’s left her mark in two areas that encourage pro bono work. First, she helped draft the language for a new rule, C.R.C.P. 223, the Pro Bono/Emeritus Attorney Rule, which allows inactive and retired attorneys to provide such services to the indigent. She also was instrumental in drafting the model pro bono policy appended to Colorado Rule of Professional Conduct 6.1. This encourages lawyers to engage in pro bono work, with a goal of providing 50 hours annually. Bloom said she’s glad to see that the model policy has been a useful tool for firms.

“I think some firms have used the model pro bono policy for their own workplaces and it has assisted them in signing up for the Colorado [Supreme Court’s] pro bono initiative and in following through on that commitment,” she said.

Colorado Legal Services Executive Director Jon Asher says that where there is recognition for or encouragement of performing pro bono work, Bloom has helped—”they all have Ilene’s fingerprints all over them,” he said.

For Bloom, pro bono has been ingrained in her practice from the start—her first job out of law school was coordinating pro bono projects for attorneys across the country at the international firm Winston & Strawn. She also carried her own pro bono caseload.

“For me, because I’ve been doing [pro bono] since day one, it just feels like a part of my practice,” she said.

Since moving to Denver, she has worked for law firms largely on a contract basis so that she had the flexibility to spend time with her family and to volunteer. When Bloom was awarded the DBA’s 2004 Young Lawyer of the Year, just two years after she relocated to Denver, it was noted in The Docket that she spent about half her time working on pro bono issues.

“I really think we have a professional responsibility to give back to the community, especially because we have a license and no one else can help people with their legal issues,” she said.

As Bloom looks toward her term as DBA president, pro bono work will be a part of her message to members.

“I really want to continue to grow and strengthen Metro Volunteer Lawyers and members’ commitment to pro bono,” she said.

During her term, she also hopes to highlight issues in the profession, such as diversity, work–life balance, and professionalism, but largely she hopes she can respond to needs of the DBA as issues arise. Given Bloom’s past involvement with the DBA, taking on this role was a logical next step.

“It just seemed like a natural progression to become more involved in that way,” Bloom said. “Even five years ago, I did think to myself that I might like to be the president one day.”

Leecia Welch, an attorney at the National Center for Youth Law, is thrilled for her longtime friend to take on the presidency.

“She is a natural leader,” she said. “She has all the best qualities you would want in bar leadership—intelligence, compassion, and vision.”

Welch and Bloom met in law school—as fellows at the Civitas ChildLaw Center at the Loyola University Chicago School of Law. Bloom was interested in becoming a lawyer because she wanted to work with children, and thought being a lawyer would give her a chance to positively impact children’s lives.

Her mother, Shirley Pasowicz, said she could see Bloom’s passion for the legal profession emerging as a child. “Before Ilene ever expressed a desire to be an attorney, we used to joke that she would make a good one, because she was a great debater, whether it was for discussions on a personal level or outside issues,” Pasowicz said. “But her interest really blossomed in her high school years.”

At Loyola, Bloom was part of the inaugural class for the child-law program.

“It was the first of its kind,” she said. “It was interesting being on the ground floor of the program because it was really developing as we were going through it, but I enjoyed it because it was very specialized and it was interdisciplinary—it was very, very pointed.”

Bloom worked as an intern at what is now the Rocky Mountain Children’s Law Center when she was a second-year law student. “[After that experience] I always thought about coming back to Colorado,” she said.

Today, she has her own firm, Ilene Lin Bloom PC, and she largely works with firms on a contractual basis. Bloom also is a regular volunteer at the legal nights at Mi Casa Resource Center and El Centro de San Juan Diego. Until recently, she served on the board of The Conflict Center, and she continues to support the organization.

Balancing her work, volunteering, and time with her family—she and husband JJ Henrikson have two children—can at times be tough.

“It’s difficult, but that’s part of the challenge,” Bloom said. “I think I’m wired like that—I need to have a lot of things going on.”

When Bloom talks about her children—Hayden is 3 and Harper is 1—she says she’s “in the thick of it” with a big smile.

“I really am having a good time exploring the world with my kids,” she said.

That exploration happens whether they are strolling through the Botanic Gardens or heading up to Leadville for the weekend—Bloom loves the outdoors and is an avid traveler. Her family is planning an international trip to celebrate her 40th birthday in November. Though they’re not sure yet, it could be anywhere, including Vietnam, Spain, or South America.

As Bloom looks forward to her term as president, she says she finds inspiration personally and professionally from Walters, who gave Bloom her first job in Colorado and who was DBA president from 2001 to 2002.

“He inspired me to get more involved in the bar and showed me that it is possible to have balance,” she said. “I also admire how he can see both the serious and lighthearted elements of an issue all at the same time. I have tremendous respect for Bill and am thankful for his friendship.”

Walters said he has always admired Bloom’s strong sense of leadership.

“She has a great way of engaging people,” he said.

For Bloom, her time with the DBA has been memorable, and she looks forward to the coming year. “I’ve just really enjoyed being involved with the bar association,” she said. “All of the people I’ve met here have been genuinely good people and inspiring to me.”

The Docket eFile brings features from your favorite Denver Bar Association publication to you digitally. When you see the logo, you’re reading an article from The Docket. You’ll also still be able to read the full issue online at denbar.org/docket.

Division of Insurance Amends Regulations Concerning Small Employer Group Health Benefit Plans

The DORA Division of Insurance has drafted proposed changes to the basic and standard health benefit plans required to be offered to small employer groups and that are used for the purpose of conversion from group coverage. Additionally, other changes have been incorporated that are necessary for compliance with Colorado law.

The revised regulations specify the requirements for the basic and standard health benefit plans as well as other requirements for small employer carriers.

A hearing on the amended regulations will be held on Tuesday, August 2, 2011 at 1560 Broadway, Suite 850, Denver, Colorado 80202, beginning at 1:00 pm.

Full text of the proposed changes with red line edits to the regulations can be found here. Further information about the regulations and hearing can be found here.

Department of Natural Resources Amends Rules Regarding Hunting of Migratory Birds

The Department of Natural Resources has amended the rules regarding the hunting of migratory birds in the state. These proposed regulations are the result of a review of the entire chapter related to migratory birds.

The established hunting seasons are necessary to properly manage migratory bird populations in Colorado in accordance with federal laws regulating migratory birds. These updated regulations allow migratory birds to be harvested in a manner that helps maintain the biological integrity of the migratory bird population while at the same time providing recreational opportunity for hunters and wildlife viewers. The regulations are consistent with Federal guidelines provided by the U.S. Fish and Wildlife Service and the Migratory Bird Treaty Act.

Besides updating the regulations to reflect the upcoming 2011-2012 migratory bird seasons and general clean-up, these proposed regulations take advantage of new federal zoning and season segmenting options made available at the July 2011 Service Regulatory Committee meeting. They are intended to tailor season segments at a more local level according to hunter demand in order to increase hunter satisfaction.

A hearing on the amended rules will be held on Thursday, August 18, 2011 at Inn of the Rio Grande, 333 Santa Fe Avenue, Alamosa, Colorado 81101, beginning at 8:30 am.

Full text of the proposed changes with red line edits to the rules can be found here. Further information about the rules and hearing can be found here.

Department of Public Safety Proposes New Rules to Implement Blue Alert Program

The Colorado Department of Public Safety has promulgated rules and regulations regarding the implementation of the Blue Alert Program. The Blue Alert Program is a cooperative effort among the Colorado Bureau of Investigation, local law enforcement agencies, and the state’s public and commercial television and radio broadcasters regarding the imminent danger posed by a suspect who has killed or seriously injured a peace officer.

It was declared by the General Assembly that the creating and establishing of the Blue Alert Program is a matter of statewide concern, and the bill, HB 11-1036, was signed into law by Governor Hickenlooper.

The purpose of the proposed implementing rules is to carry out the purpose of the statute for the public health, peace, safety, and welfare of the state.

A hearing on the new proposed rules and regulations will be held on Wednesday, August 10, 2011 at 690 Kipling Street, 1st Floor Conference Room, Lakewood, Colorado 80215, beginning at 2:00 pm.

Full text of the proposed rules and regulations can be found here. Further information about the rules and hearing can be found here.

Be a Part of the Bar’s 2011 Wheels of Justice Cycling Team: Register Now or Donate!

The 2011 Children’s Hospital Courage Classic is July 23-25, and consists of three consecutive, fun-filled days of riding up mountain passes during the peak of Colorado’s glorious summer. The 157-mile trek through the Rockies supports The Children’s Hospital.

Over the last five years, one-million dollars has been raised for the hospital by the Wheels of Justice Cycling Team, sponsored by the Colorado and Denver Bar Associations. (And the riders, sponsors, and volunteers all felt like a million bucks after working together to achieve that goal).

In 2011, please help us make an even bigger difference for the kids, doctors, and families at the Children’s Center for Cancer and Blood Disorders.

Been itching to get that bike up to the mountains? Join as a Wheels of Justice rider and enjoy terrific benefits, including cool team gear, weekend training rides, coaching sessions, and great events. The team currently stands at 160 members (15 shy of their goal of 175).

Or, join as a Wheels of Justice sponsor and you’ll become one of Denver’s top law firms in receiving excellent publicity and benefits. This year’s fundraising goal is $200,000. They’re over halfway there and they need your help to make that goal a reality!

Click here for more information about the group, joining the ride, or becoming a sponsor.

Revised Probate Form Issued by State Judicial

The Colorado State Judicial Branch has issued a revised probate form: JDF 940 – “Information of Appointment.” Practitioners should begin using the new form immediately.

All forms are available in Adobe Acrobat (PDF) and Microsoft Word formats. Many are also available as Word templates; download the new form from State Judicial’s individual forms pages, or below.

Probate

  • JDF 940 – “Information of Appointment” (revised 7/11)

State Judicial Issues Revised District/County Civil Garnishment Form

The Colorado State Judicial Branch has issued a revised form regarding district civil and county civil garnishment claims. Practitioners should begin using the new form immediately.

All forms are available in Adobe Acrobat (PDF) and Microsoft Word formats. Many are also available as Word templates; download the new form from State Judicial’s individual forms pages, or below.

District Civil/County Civil

  • Form 29 – “Writ of Garnishment with Notice Exemption & Pending Levy” (revised 6/11)

Tenth Circuit: Personal Protective Equipment is “Clothing” and Donning and Doffing Time for Clothing is Excluded from Measured Working Time

The Tenth Circuit Court of Appeals issued its opinion in Salazar v. Butterball, LLC on Tuesday, July 5, 2011.

The Tenth Circuit affirmed the district court’s decision. Petitioners brought claims on behalf of hourly production employees at Respondent’s Longmont, Colorado turkey processing plant. Petitioners claim that Respondent’s failure to compensate processing workers’ donning and doffing time of personal protective equipment violates the Fair Labor Standards Act of 1938 (FLSA), and Colorado Minimum Wage Order 27. The district court entered summary judgment in Respondent’s favor based on determinations that donning and doffing time was excluded from FLSA hours worked and that Wage Order 27 did not apply to Respondent.

The Court agreed with the district court. The Court concluded that the personal protective equipment worn by the Petitioners in this case is “clothing” and not so cumbersome, heavy, complicated, or otherwise different in kind from traditional clothing that it should not be considered “clothes”; there is a custom or practice of excluding donning and doffing time for clothes from measured working time under the collective bargaining arrangement between the Union and Respondent. Additionally, Petitioners do not fall under Wage Order 27 as they are not food and beverage industry employees; that definition applies to retail-type enterprises, not wholesale or industrial ones.

Tenth Circuit: Eluding a Police Officer is a Crime of Violence under the United States Sentencing Guidelines

The Tenth Circuit Court of Appeals issued its opinion in United States v. Thomas on Tuesday, July 5, 2011.

The Tenth Circuit reversed the district court’s decision. The sole issue on appeal is whether the Kansas offense of eluding a police officer is a “crime of violence” under the United States Sentencing Guidelines. The district court ruled that the offense was not a crime of violence; the government appeals that determination. The Court agreed with the government, as the district court’s decision runs contrary to the Supreme Court’s decision in Sykes v. United States, 131 S. Ct. 2267 (2011).

The offense of eluding a police officer does not have any of the elements set forth in the Sentencing Guidelines’ § 4B1.2(a)(1), nor is it one of the crimes enumerated in § 4B1.2(a)(2). “Consequently, it is a crime of violence only if it satisfies the residual clause of § 4B1.2(a)(2)—that is, if it ‘otherwise involves conduct that presents a serious potential risk of physical injury to another.’” The language of the residual clause also appears in the Armed Career Criminal Act, 18 U.S.C. § 924(e), which sets minimum sentences for firearms offenders who have been convicted of violent felonies. The Supreme Court in Sykes ruled that one such “violent felony” under that same residual clause is eluding a police officer. As such, Sykes controls and the district court’s decision must be reversed.

Tenth Circuit: Unpublished Opinions, 7/5/11

On Tuesday, July 5, 2011, the Tenth Circuit Court of Appeals issued two published opinions and three unpublished opinions.

Unpublished

Green v. United States

United States v. Hernandez-Odilio

Merryfield v. Disability Rights Center of Kansas

No case summaries are available for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.

Protected

2013-05-22 04:58:22