January 20, 2018

Archives for March 26, 2013

Your Help Needed for Colorado Bar Association’s 2013 Fire Recovery Projects

The Colorado Bar Association (“CBA”) and the Environmental Law Section (“ELS”) are sponsoring a statewide tree planting project this Spring in areas devastated by wildfires.  The CBA and the ELS donated funds to seed these projects and CBA members are organizing them.  Now we need your help.

Recent fires have devastated forests and communities in Colorado.  In Colorado Springs, the 2012 Waldo Canyon fire burned 18,000 acres, destroyed 347 homes, and took 2 lives.  In Douglas, Jefferson, Park and Teller Counties, the 2002 Hayman fire was the largest wildfire in Colorado history. Hundreds of firefighters fought the fast-moving fire, which caused nearly $40 million in firefighting costs, burned 133 homes and 138,114 acres, forced the evacuation of 5,340 people, and resulted in 6 indirect fatalities.  The 2012 Lower North Fork fire in a nearby area also burned 4,500 acres and 23 homes, leaving 3 people dead, but the area will not be ready for tree planting this Spring.  In the Durango area, the 2012 Weber fire burned 10,000 acres.  Near Fort Collins, the 2012 High Park fire burned 87,000 acres and 259 homes, and took one life.  And, in Boulder County, the land and residents are still recovering from the 2010 Four Mile Canyon fire which at the time was the most damaging fire in Colorado’s history.  Planting trees and other restorative efforts will help heal the land, support fire victims, and demonstrate that attorneys in these communities care.

The 2013 projects are modeled on successful tree planting projects conducted in the Four Mile fire area in Boulder County in 2011 and 2012. Committees of attorneys have organized the projects and ordered trees.  They now need some of your time and money.  A $100 donation can purchase up to 100 trees and make a significant difference in an area denuded by fire.  Volunteering for a half day or a day to plant trees is good for the environment, good for the community, and good for you.

Please consider donating a few dollars and/or your time to help the following projects in a community near you.  You can donate to a particular project through the contacts below or make a donation to the state-wide effort as described below.

Colorado Springs (Waldo Canyon Fire):

Date:               May 4, 2013

Location:        Flying W Ranch, Colorado Springs

Note:               1,500 trees to be planted

Co-Sponsors:  El Paso County Bar Association, Coalition for the Upper South Platte

Contact:          Dan Stuart (danstuart@coloradolawyers.net)

Durango (Weber Fire):

Date:               April 27, 2013

Location:        Mancos, Weber Canyon Area, Montezuma County, Colorado

Note:               2,000 trees will be planted

Co-Sponsors:  Southwest Colorado Bar Association, Montezuma County Firewise

Contact:          Marla Underell (marla@underell-law.com)

Fort Collins (High Park Fire):

Date:               April 28, 2013

Location:        Rist Canyon

Note:               Due to the condition of the soils, this project will focus on mulching and seeding grasses for erosion control

Co-Sponsors:  Larimer County Bar Association, Wildland Restoration Volunteers

Contact:          Gail Goodman (ggoodman@ftccolaw.com)

Jefferson County (Hayman Fire):

Date:               May 18, 2013

Location:        Near the Junction of FS 211 and CR 126, Jefferson County, approximately 3 miles from Cheesman Reservoir (map will be provided)

Note:               750 trees to be planted

Co-Sponsors:  First Judicial District Bar Association, Coalition for the Upper South Platte

Contacts:         Michelle Marcu (marcu.michelle@epa.gov )

Karen Kellen (kellen.karen@epa.gov)

Boulder (Four Mile Canyon Fire):

Date:               April 20, 2013

Location:        Four Mile Canyon (meet at Boulder County Justice Center)

Note:               1,000 trees to be planted

Co-Sponsors:  Boulder County Bar Association, Boulder County Open Space

Contacts:         Gabriella Stockmayer (gstockmayer@dietzedavis.com)

Josh Anderson (janderson@dietzedavis.com),

Adam Lewis (mal@bhgrlaw.com

Donations to the statewide effort can be made by mailing a check to the “CBA Foundation” at:

Colorado Bar Association Foundation

c/o Dana Collier Smith

1900 Grant Street, #900

Denver, CO 80203

(please be sure to put “2013 Trees” in the memo section of your check)

For more information on statewide projects: Ann Rhodes (amr@bhgrlaw.com), Maki Iatridis (adi@bhgrlaw.com), Michelle Marcu (marcu.michelle@epa.gov)

ABA One Million Trees Project

The CBA 2013 projects are part of the American Bar Association’s One Million Trees Project.  The Section of Environment, Energy, and Resources (“SEER”) of the ABA commenced its One Million Trees Project in 2009.  The goal of the public service project is to bring volunteer resources together with a variety of local programs to plant one million trees by 2014.  Subtitled “The Right Tree for the Right Place at the Right Time,” the Project is a nationwide public service project that was adopted by the entire ABA organization through its Board of Governors in the summer of 2012.  Click here for more information.

e-Legislative Report: March 25, 2013

Michael Valdez, the Director of Legislative Relations for the Colorado Bar Association, published his weekly e-Legislative Report on Monday, March 25, 2013. In this edition, he noted that the CBA’s Legislative Policy Committee did not meet, and discussed important bills at the capitol, followed by summaries of 20 Bills of Interest (10 from each house).

At the Capitol

  • The Long Bill
    The Long Bill, a/k/a the Budget Bill, takes center stage at the Capitol for the next two weeks. This year the bill begins its journey in the Senate. When the budget is being considered by the House or the Senate, the budget discussion and process will delay action on most legislation while the budget has everyone’s attention.
  • On March 19, the House gave final approval (36-Yes, 28-No, with one excused) to CBA sponsored HB 13-1138. Concerning benefit corporations. The bill is assigned to the Business Labor and Technology Committee in the Senate. Action in the Senate will follow the completion of the budget bill in the Senate.
  • The legislation that creates a guideline formula for courts to consider in determining marital maintenance has passed both houses. The bill, HB 13-1058. Determination of Spousal Maintenance upon Divorce, is opposed by the CBA Family Law Section. The bill was amended on 2nd Reading in the Senate; the Senate gave final approval on Wednesday, March 20. On Thursday, March 21, the House rejected the Senate amendments and asked for a conference committee to work out the differences between the House and Senate versions of the bill.
  • The update for the next two bills is exactly the same: On Tuesday, March 19, both bills were approved on 3rd and final reading in the House on vote of 64-Yes, 0-No, and one excused. On Wednesday, March 20, both bills were introduced in the Senate and assigned to the Judiciary Committee:
    HB 13-1204. Uniform Premarital and Marital Agreements Act; and
    HB 13-1200. Uniform Deployed Parents Custody Visitation Act.
    See descriptions and CBA positions of both bills below.
  • Death Penalty: two bills.
  • The House Judiciary heard hours of testimony—pro and con—on HB 13-1264. Repeal of the Death Penalty, on Tuesday, March 19. Upon completion of the testimony, the bill was taken off the table and a final committee decision was delayed to a later date; the printed calendar shows the bill back on the calendar for Tuesday, March 26 at 1:30 p.m. for “action only.”
  • The House Local Government Committee heard hours of testimony—pro and con—on HB 1270. Refer Repeal Of Death Penalty To Citizen Vote, on Wednesday, March 20. Upon completion of the testimony, the bill was taken off the table and a final committee decision was delayed to a later date; the printed calendar does not have the bill listed.
  • On Thursday, March 21, the House Judiciary Committee gave its unanimous approval (9–0 with 2 excused) of the CBA-sponsored Probate Code Omnibus bill. The bill, SB 13-77. Concerning certain provisions of the Colorado Probate Code, is this year’s Trusts and Estates section continuing effort to seek out new amendments and boldly go where the Probate Code has never gone before. The bill next moves to the floor of the House for consideration on 2nd Reading.
  • Civil Unions signed into law.
    On Thursday, March 21, Gov. John Hickenlooper signed SB 13-11. Concerning authorization of civil unions at a packed bill-signing ceremony at History Colorado. The final text of the new act is available online.
  • Note: The vast majority of the act is effective on May 1, 2013.
  • To prepare practitioners for the new law, CBA CLE has planned a full day program on Saturday, May 1—the morning session is devoted to Family Law (Title 14 and Title 19 actions) and the afternoon session will have a Trust & Estate and Elder Law focus.

Colorado Supreme Court: Defendant’s Right to Counsel of Choice Outweighs Right to Conflict-Free Representation

The Colorado Supreme Court issued its opinion in In re People v. Nozolino on Monday, March 25, 2013.

Disqualification—Waiver of Right to Conflict—Free Counsel.

The Supreme Court held that the trial court abused its discretion when it disqualified defendant’s counsel of choice, Rosalie Roy and Kimberly Chalmers, from representing him in this case. The Court analyzed the factors critical to the determination of whether defendant must be allowed to waive conflict-free representation, and found that the balance weighed in favor of defendant’s preference for continued representation by Roy and Chalmers. Accordingly, the Court made the rule absolute and remanded the case for an advisement on the record so that defendant may decide whether to waive conflict-free representation.

Summary and full case available here.

Colorado Supreme Court: Defendant Was Not Subject of Custodial Interrogation When Questioned so No Miranda Warning Required

The Colorado Supreme Court issued its opinion in People v. Pleshakov on Monday, March 25, 2013.

Criminal Law—Fifth Amendment—Suppression of Evidence and Statements—Custodial Interrogation—Miranda Advisement.

In this interlocutory appeal, the Supreme Court considered whether the trial court erred in suppressing evidence and statements made by defendant to law enforcement officers. The district court concluded that officers were required to administer a Miranda warning to defendant before a sidewalk interrogation made pursuant to a traffic stop, and that their failure to do so required suppression of defendant’s statements and evidence as products of an illegal interrogation.

The Court reversed the suppression order of the district court. Defendant was not subject to custodial interrogation when he made the statements in question, so a Miranda warning was not required.

Summary and full case available here.

Tenth Circuit: Unpublished Opinions, 3/25/13

On Monday, March 25, 2013, the Tenth Circuit Court of Appeals issued no published opinions and four unpublished opinions.

Arocho v. United States

Oklahoma Corrections Professional Association, Inc. v. Doerflinger

United States v. Zuniga-Toledo

Young v. Unified Government of Wyandotte County

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

Tenth Circuit: Unpublished Opinions, 3/22/13

On Friday, March 22, 2013, the Tenth Circuit Court of Appeals issued no published opinions and six unpublished opinions.

Rodriguez v. State of Colorado

Johnson v. Miller

Rochelle v. Hy-Vee

United States v. Switzer

Martin v. Hatch

Milton v. Daniels

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