May 28, 2017

Archives for April 1, 2016

Colorado Women’s Hall of Fame to Host Women in the Law Event

cwhf_669logo_2012On Tuesday, May 3, 2016, the Colorado Women’s Hall of Fame will host a Law Day Event, “Celebrating Colorado Women: Women in the Law.” The event will take place at the Denver Public Library from 4 p.m. to 7 p.m. with an optional guided tour of the Ralph J. Carr Justice Center’s Learning Center and Library from 3:30 p.m. to 4 p.m.

The agenda features a panel discussion on journeys to the bench with Chief Justice Nancy Rice of the Colorado Supreme Court, Chief Judge Marcia Krieger of the U.S. District Court for the District of Colorado, Judge Christine Arguello of the U.S. District Court for the District of Colorado, and retired Justice Jean Dubofsky of the Colorado Supreme Court, moderated by retired Colorado Supreme Court Chief Justice Mary Mullarkey. Following the panel discussion will be recognitions of Judge Marcia Krieger and Justice Nancy Rice.

Registration is now open for this event. There is no cost for attending, but registration is limited. Click here to register.

New Rule 502 Added to Colorado Rules of Evidence

The Colorado Supreme Court issued Rule Change 2016(03), adopted and effective March 22, 2016, adding a new Rule 502 to the Colorado Rules of Evidence. Rule 502, “Attorney-Client Privilege and Work Product; Limitations on Waiver,” addresses disclosures of communications covered by the attorney-client privilege or work product doctrine. The rule is effective March 22, 2016. The rule is available below or on the State Judicial website.

Rule 502. Attorney-Client Privilege and
Work Product; Limitations on Waiver

The following provisions apply, in the circumstances set out, to disclosure of a communication or information covered by the attorney-client privilege or work-product protection.

(a) Disclosure Made in a Colorado Proceeding or to a Colorado Office or Agency; Scope of a Waiver. When the disclosure is made in a Colorado proceeding or to an office or agency of a Colorado state, county, or local government and waives the attorney-client privilege or work- product protection, the waiver extends to an undisclosed communication or information in a Colorado proceeding only if:
(1) the waiver is intentional;
(2) the disclosed and undisclosed communications or information concern the same subject matter; and
(3) they ought in fairness to be considered together.

(b) Inadvertent Disclosure. When made in a Colorado proceeding or to an office or agency of a Colorado state, county, or local government, the disclosure does not operate as a waiver in a Colorado proceeding if:
(1) the disclosure is inadvertent;
(2) the holder of the privilege or protection took reasonable steps to prevent disclosure; and
(3) the holder promptly took reasonable steps to rectify the error, including (if applicable) following C.R.C.P. 26(b)(5)(B).

(c) Disclosure Made in a Federal or other State Proceeding. When the disclosure is made in a proceeding in federal court or the court of another state and is not the subject of a court order concerning waiver, the disclosure does not operate as a waiver in a Colorado proceeding if the disclosure:
(1) would not be a waiver under this rule if it had been made in a Colorado proceeding; or
(2) is not a waiver under the law governing the state or federal proceeding where the disclosure occurred.

(d) Controlling Effect of a Court Order. A Colorado court may order that the privilege or protection is not waived by disclosure connected with the litigation pending before the court – in which event the disclosure is also not a waiver in any other proceeding.

(e) Controlling Effect of a Party Agreement. An agreement on the effect of disclosure in a Colorado proceeding is binding only on the parties to the agreement, unless it is incorporated into a court order.

(f) Definitions. In this rule:
(1) “attorney-client privilege” means the protection that applicable law provides for confidential attorney-client communications; and
(2) “work-product protection” means the protection that applicable law provides for tangible material (or its intangible equivalent) prepared in anticipation of litigation or for trial.

For all of the Colorado Supreme Court’s adopted and proposed rule changes, click here.

Colorado Court of Appeals: Announcement Sheet, 3/31/2016

On Thursday, March 31, 2016, the Colorado Court of Appeals issued no published opinions and 19 unpublished opinions.

Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions. The case announcement sheet is available here.

Tenth Circuit: Unpublished Opinions, 3/31/2016

On Thursday, March 31, 2016, the Tenth Circuit Court of Appeals issued two published opinions and two unpublished opinions.

Salado v. Aldridge

United States v. Montoya

Case summaries are not provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.