September 22, 2017

Archives for March 9, 2012

Applications Being Accepted for Vacancy on Colorado Supreme Court Nominating Commission

On Friday, March 9, 2012, the Colorado State Judicial Branch announced a vacancy on the Colorado Supreme Court Nominating Commission. The Colorado Supreme Court Nominating Commission recommends candidates for judgeships on the Colorado Supreme Court and the Colorado Court of Appeals. The nominating commission is comprised of volunteers, including eight non-attorneys appointed by the Governor and seven attorneys selected jointly by the Governor, Attorney General, and Chief Justice.

Each of Colorado’s congressional districts has a nominating committee comprised of one attorney and one non-attorney, and the Chief Justice Chairs as a non-voting member. An additional requirement is that no more than eight members of the Colorado Supreme Court Nominating Commission may be of the same political party.

The vacancy for which applications are being accepted is in the state’s Fourth Congressional District. A candidate for this vacancy must be an attorney who is not a registered Democrat and who resides in the Fourth Congressional District. Application forms are available on the State Judicial website and are due March 30, 2012. Completed applications may be mailed to Romaine Pacheco, Governor’s Office of Boards and Commissions, 136 State Capitol Bldg., Denver, CO 80203; faxed to 303-866-6368; or emailed to boards@state.co.us.

SB 12-141: Modification of Occupancy Requirements for Home Loans In Order to Assist Deployed Soldiers in Purchasing Homes

On January 31, 2012, Sen. Brandon Shaffer introduced SB 12-141 – Concerning Measures to Alleviate Difficulties Faced by Military Personnel in Qualifying for Home Mortgage Loans. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill eases occupancy requirements for members of the United States armed services who are deployed on active federal service for a period in excess of 60 days and who desire to obtain loans to purchase residences into which they plan to move following a period of deployment. The bill passed 3rd Reading on March 2 in the Senate and now awaits committee assignment in the House.

Since this summary, the bill has been assigned to the House Judiciary Committee.

Summaries of other featured bills can be found here.

SB 12-135: Requiring Secretary of State to Establish an Online System for Posting Election Results

On January 31, 2012, Sen. Kevin Lundberg and Rep. Carole Murray introduced SB 12-135 – Concerning the Development of an On-Line Program to Which the Secretary  of State Posts Election Returns by the Evenings of Specified Election Days and, In Connection Therewith, Making an Appropriation. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill directs the Secretary of State to develop an on-line program for the posting of election returns on election night. Such postings are required for all statewide elections, commencing with the 2012 primary election. To implement the program, upon passage of the bill, $776,460 is appropriated to the department of state from the department of state cash fund. On February 13, the State, Veterans & Military Affairs referred the unamended bill to the Appropriations Committee for consideration of the fiscal impact to the state.

Summaries of other featured bills can be found here.

SB 12-131: Clarifying a Fiduciary’s Duties for an Estate in Which a Designated Beneficiary Agreement May Exist

On January 31, 2012, Sen. Lucia Guzman and Rep. Dan Pabon introduced SB 12-131 – Concerning the Responsibilities of a Fiduciary with Regard to the Estate of a Person Who May Have Executed a Designated Beneficiary Agreement. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

CBA-sponsored legislation

A personal representative in any probate proceeding regarding a decedent’s estate shall not be surcharged for making distributions to devisees or heirs at law that do not take into consideration a designated beneficiary agreement (DBA) if:

  • The personal representative has made a search in every county in which the personal representative has actual knowledge that the decedent was domiciled at any time during the 3 years prior to the decedent’s death for a recorded, unrevoked DBA in which the decedent granted the right of intestate succession; and
  • The personal representative has not received actual notice nor has actual knowledge of the existence of a valid, unrevoked DBA in which the decedent granted the right of intestate succession.

A personal representative or trustee is not individually or personally liable for making a distribution of property to devisees or heirs at law that does not take into consideration the right of a party to a DBA to inherit property due to a valid, unrevoked DBA if the personal representative or trustee complied with the fiduciary duty to search for the existence of a DBA and does not have actual notice or actual knowledge of the existence of a valid, unrevoked DBA in which the decedent granted a right of intestate succession. The bill has been approved by the Senate and is assigned to the Judiciary Committee in the House.

Summaries of other featured bills can be found here.

SB 12-128: Creation of Three-Year Alternative Care Facilities Pilot Program

On January 31, 2012, Sen. Ellen Roberts and Rep. Ken Summers introduced SB 12-1211 – Concerning Achieving Efficiencies in the Medicaid Long-Term Care Program Through Greater Utilization of Alternative Care Facilities. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill establishes the 3-year alternative care facilities pilot program designed to increase the utilization of alternative care facilities in the Medicaid program. Alternative care facilities participating in the pilot program will receive a reimbursement for not more than 1000 clients equal to $3000 per client, per month, after considering the client portion of the cost, to provide long-term care services to clients who have been residing in a nursing facility prior to the referral to an alternative care facility. The single entry point agency shall assess the client residing in a nursing facility to determine whether the client will achieve the same or better health outcomes and client satisfaction in the alternative care facility.

On or before September 1, 2013, September 1, 2014, and September 1, 2015, the Department of Health Care Policy and Financing shall report to the Joint Budget Committee of the General Assembly and the Health and Human Services Committee of the Senate and the Health and Environment Committee of the House of Representatives concerning the design, implementation, and outcomes of the pilot program on client health outcomes, costs, and client satisfaction. The pilot program is repealed on July 1, 2016. On March 1, the Health and Human Services Committee amended the bill and moved it to the Senate for 2nd Reading.

Since this summary, the Second Reading was laid over daily on March 6.

Summaries of other featured bills can be found here.

Tenth Circuit: Unpublished Opinions, 3/9/12

On Friday, March 9, 2012, the Tenth Circuit Court of Appeals issued no published opinions and nine unpublished opinions.

Unpublished

Beltran Escamilla v. Holder, Jr.

Banks v. Warden, FTC, Oklahoma

McNeil v. Commissioner of the Internal Revenue Service

Smith v. Chaves County Commissioners

Freeman v. Zavaras

Kersh v. Richardson

Green v. Denning

United States v. Huggins

Baldwin v. O’Connor

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