January 20, 2018

Archives for March 27, 2013

Amy Beatie Awarded 2013 Emerging Leader Award from Colorado Foundation for Water Education

Amy_BeatieAmy Beatie, executive director of the nonprofit Colorado Water Trust, has been selected as the Colorado Foundation for Water Education’s 2013 Emerging Leader Award recipient. The Colorado Foundation for Water Education (CFWE) is dedicated to promoting accurate information and balanced education about Colorado’s water resources and issues.

The Emerging Leader Award was created in 2010 to honor recent work by young Colorado water professionals to strengthen and improve water education in the state. Amy Beatie was selected for her outstanding work during the drought conditions in 2012 to replenish waters in some of the state’s hardest-hit areas.

Prior to joining Colorado Water Trust in 2007, Amy practiced water litigation for six years, and she clerked for Colorado Supreme Court Justice Gregory Hobbs before that. When she was in law school, she helped found the University of Denver Water Law Review, and served as its editor-in-chief. She now sits on the advisory board for the University of Denver Water Law Review. She received her undergraduate degree from Dartmouth University. She is also a graduate of the CFWE Water Leaders program.

Chief Justice Directive 04-06 Amended by Colorado Supreme Court

In March 2013, the Colorado Supreme Court updated Chief Justice Directive (CJD) 04-06, concerning appointments by the Office of the Child’s Representative. The changes are in response to the Colorado Supreme Court opinion in L.A.N. et al. v. L.M.B.

The decision in L.A.N. held that the GAL holds the child’s psychotherapist-patient privilege when the child is too young to hold the privilege, the child’s interests are adverse to his or her parents’ interests, and the privilege is not abrogated by C.R.S. § 19-3-311.

The updates to the CJD are intended in part to provide counsel to children in dependency and neglect cases who have been determined of sufficient age and competent to hold their own patient-therapist privilege so that the counsel may advise the children of their privilege. The updates also clarify that appointments as counsel for children in D&N proceedings may be made from the Office of the Child’s Representative’s D&N appointment list. The CJD also clarifies payment procedures for these appointed attorneys.

Click here to view a PDF of updated CJD 04-06. For all of the Chief Justice Directives, click here.

Criminal Proceedings Will Not Be Heard on Fridays in U.S. District Court for the District of Colorado Due to Budget Constraints

The effects of sequestration are being felt by the federal courts. Beginning Friday, April 26, 2013, and continuing through September 30, 2013, no hearings or trials in criminal cases (other than mandatory first appearances before a magistrate judge) will be heard on Fridays in the United States District Court for the District of Colorado. In addition, no trials or hearings in criminal cases in which a Federal Public Defender must appear will be conducted on Friday, March 29 and Friday, April 12, 2013.

The limitation on criminal proceedings is necessary because of mandatory furlough days of the United States Attorney, the Federal Public Defender, and the United States Marshal for the District of Colorado. Chief United States District Judge Marcia S. Krieger issued General Order 2013-1, an “Order Limiting the Scheduling of Criminal Trials and Hearings Due to Budgetary Constraints and Furloughs” on March 25, 2013.

Tenth Circuit: Unpublished Opinions, 3/26/13

On Tuesday, March 26, 2013, the Tenth Circuit Court of Appeals issued no published opinions and seven unpublished opinions.

Best-Willie v. Colvin

Getachew v. 7–Eleven, Inc.

United States v. Sands

Novitskiy v. Holder

United States v. Wicken

Plascencia v. Taylor

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

SB 13-211: Requiring Notice of Termination of Homeowners’ Insurance Coverage to be Given by Certified Mail

On Thursday, March 14, 2013, Sen. Rollie Heath introduced SB 13-211 – Concerning the Requirements for Notice of Termination of Homeowners’ Insurance Coverage. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Under current law, an insurer is required to give a policyholder notice of cancellation or nonrenewal of a policy of homeowner’s insurance, together with the reasons for the cancellation or nonrenewal, by first-class mail. The bill changes this requirement to specify that the notice must be given by certified mail. The bill also eliminates an obsolete cross reference. The bill is assigned to the Business, Labor, & Technology Committee.

SB 13-205: Making the Colorado Medicaid False Claims Act Compliant with Federal Law

On Wednesday, March 13, 2013, Sen. Mary Hodge  introduced SB 13-205 – Concerning Revisions to the Colorado Medicaid False Claims Act to Comply with Federal Law. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

In order for Colorado to retain a greater percentage of monetary recoveries for fraudulent medicaid claims, the “Colorado Medicaid False Claims Act” (act) must be at least as effective as federal law in rewarding and facilitating qui tam actions for false and fraudulent claims. The bill amends the act to bring the act into compliance with federal law as follows:

  • Removes specific dollar amounts relating to the penalty and instead references federal law to determine the amount of the penalty and any adjustments to the penalty;
  • Corrects statutory language as to whom a claim is presented;
  • Clarifies that the act bars persons other than the state from intervening only in actions brought under this act and not in other actions;
  • Clarifies that the court does not have jurisdiction under this act against members of the general assembly, state judiciary, or an elected executive branch official if the claim is based upon information or evidence known to the state at the time the action is brought;
  • Clarifies that a person bringing the action (relator) cannot bring an action based upon allegations or transactions that are the subject of a civil suit or administrative civil money penalty proceeding in which the state is already a party;
  • Requires the court, with certain exceptions, to dismiss an action that is based upon allegations or transactions publicly disclosed in certain ways, unless the relator is the original source of the information;
  • Clarifies who can bring an action under the act for retaliation relating to employment and provides the time frame within which an action for retaliation must be brought; and
  • Amends the definitions of “obligation” and “original source.”
  • On March 20, the Health & Human Services Committee approved the bill and sent it to the full Senate for consideration on 2nd Reading.

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