June 18, 2013

Colorado Rules of Civil and County Court Civil Procedure Amended by Supreme Court

On Friday, June 14, 2013, the Colorado Supreme Court issued Rule Change 2013(07), approved and effective June 7, 2013. The rule change enumerates changes to Rules 103 and 121 of the Colorado Rules of Civil Procedure, and Rules 403 and 411 of the Colorado Rules of County Court Civil Procedure.

The changes to C.R.C.P. 103 and County Court Rule 403 concern court orders on writs of garnishment. Language was added to both rules to clarify that judgment debtors may pay their indebtedness to pro se judgment creditors into the registry of the court, while they should forward their payment to the attorneys or collection agencies representing judgment creditors if the judgment creditors are represented.

C.R.C.P. 121, § 1-15, “Determination of Motions,” was amended to add language to subsection 10 excepting orders requiring the signatures of parties as required by rule or statute to the rule about proposed orders.

County Court Rule 411, “Appeals,” was amended to revise the language about lodging the record with the clerk so that it now must be filed 42 days after the filing of the notice of appeal. Previously, the language said that it must be filed 42 days after the judgment.

For a complete list of the Colorado Supreme Court’s 2013 rules changes, click here.

Volunteers Urgently Needed to Assist Black Forest Fire Victims

The El Paso County Bar Association, in an effort to help victims of the destructive Black Forest Fire, will offer a special Ask-a-Lawyer on Wednesday, June 19, 2013, from 2 pm to 6 pm. The Ask-a-Lawyer is open to victims of the fire or others affected by the fire.

The El Paso County Bar Association urgently needs volunteers to assist with the Ask-a-Lawyer. They specifically need volunteer attorneys in the areas of real estate, landlord/tenant, HOAs, insurance, employment, and probate.

There will be two volunteer shifts, from 2 to 4 pm and from 4 to 6 pm. If you can help, please contact Claire Anderson ((719) 473-9700 or claire@elpasocountybar.org).

Colorado Court of Appeals: Announcement Sheet, 6/13/13

On Thursday, June 13, 2013, the Colorado Court of Appeals issued no published opinions and 44 unpublished opinions.

Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions.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

Bills Regarding Crimes Against Pregnant Women, UCC Article 9 Security Interests, and Valuations of Real Property Signed

On June 5, 2013, Governor Hickenlooper signed 52 bills, the final bills of the 2013 legislative session. Any bills as yet not signed or vetoed by the governor 30 days after the last day of the legislative session, May 8, 2013, will become law.

Although there is not room here to summarize all of the bills signed on June 5, some of them are discussed below.

For a complete list of Governor Hickenlooper’s 2013 legislative decisions, click here.

Colorado Supreme Court: Announcement Sheet, 6/10/13

On Monday, June 10, 2013, the Colorado Supreme Court issued three published opinions.

Weinstein v. Colborne Foodbotics, LLC

Dooly v. People

M.S. v. People in Interest of A.C.

Summaries for these cases are forthcoming, courtesy of The Colorado Lawyer.

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

Justice Nancy Rice Designated Next Colorado Supreme Court Chief Justice; Judge Alan Loeb Will Become Chief Judge of Colorado Court of Appeals

On Thursday, June 6, 2013, the Colorado Supreme Court announced that Justice Nancy Rice will become the next Chief Justice when current Chief Justice Michael Bender retires on January 7, 2014. Chief Justice Bender will be required to retire on January 7, 2014, because it is his 72nd birthday, and under the Colorado Constitution, all state judges and justices must retire by age 72.

Justice Rice was selected by the other members of the Colorado Supreme Court, and will work side-by-side with Chief Justice Bender for the next several months in order to ensure an efficient transition. Justice Rice was appointed to the Colorado Supreme Court in 1998, and prior to that was a judge on the Denver District Court bench. She has also served as a U.S. Attorney and a Public Defender.

The Colorado Supreme Court announced on Friday, June 7, 2013, that Judge Alan Loeb has been designated the next Chief Judge of the Colorado Court of Appeals. In May, current Chief Judge Janice Davidson announced her retirement, effective October 1, 2013, and the two judges will work together for the next several months in order to facilitate a smooth transition in leadership in the Court of Appeals.

Judge Loeb has served on the Court of Appeals since 2003. Prior to that, he had practiced with Davis, Graham & Stubbs, LLP since 1971. He is a Colorado native, and he graduated from East High School in 1964. He received his undergraduate degree from Stanford University and his law degree from the University of Michigan Law School.

Colorado Court of Appeals: Announcement Sheet, 6/6/13

On Thursday, June 6, 2013, the Colorado Court of Appeals issued nine published opinions and 16 unpublished opinions.

People v. Valles

People v. Foster

People v. Moore

Jordan v. Panorama Orthopedics & Spine Center, PC

Medical Lien Management, Inc. v. Allstate Insurance Co.

Moye White LLP v. Beren

Marisco Capital Management, LLC v. Denver Board of County Commissioners

Ruiz v. Hope for Children, Inc.

Coors Brewing Company v. City of Golden

Summaries for these cases are forthcoming, courtesy of The Colorado Lawyer.

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

In Memoriam: James E. Wallace, Professor Emeritus of Law at the University of Denver

WallaceThe University of Denver Sturm College of Law reported that James E. Wallace, Professor Emeritus of Law, died peacefully at his home on Tuesday, May 28, 2013.

Professor Wallace received his A.B. in 1943 at the University of California at Los Angeles. He got his LL.B. from University of California at Berkeley in 1949, and received a B.D. from the Princeton Theological Seminary in 1960. He began his teaching career at the Princeton Theological Seminary, and was recruited to teach at DU in 1967.

Professor Wallace taught at DU for over three decades. He directed the Professional Responsibility program while faculty and continuing after his retirement. He was instrumental in developing the Law and Society Association, and was its executive director for many years. His tenure at DU also included a stint as Associate Dean of Academic Affairs.

Professor Wallace was also very active in his community. He was a frequent presenter for the Colorado Bar Association’s Continuing Legal Education programs; a member of the CBA Ethics Committee and the Joint CBA Task Force on Professionalism; a member of several Colorado Supreme Court committees, including the Model Rules Committee; and a municipal judge for Greenwood Village.

His memorial service will be held Friday, June 21, at Bethany Lutheran Church. His family asks that, in lieu of flowers, donations be made in his name to the Salvation Army and Habitat for Humanity of Metro Denver.

Criminal Omnibus Bill, Workers’ Compensation IME Bill, and More Signed by Governor

As the final days of the 2013 Legislative Session wind down, Governor Hickenlooper continues to sign bills into law. To date, he has signed over 350 bills over several areas of law.

On Friday, May 24, 2013, the governor signed 5 bills into law. These included a bill about staffing for corrections officers (SB 13-210) and a bill creating an economic gardening pilot project in the Office of Economic Development (HB 13-1003).

The governor signed 26 bills into law on Saturday, May 25, 2013. Five of them are summarized here.

  • SB 13-137 Concerning System Improvements to Prevent Fraud in the Medicaid Program and, In Connection Therewith, Employing Advanced Data Analytics, by Sen. Ellen Roberts and Rep. Clarice Navarro. The bill directs the Department of Health Care Policy and Financing to solicit requests for information regarding the use of predictive analytics in the Medicaid program.
  • SB 13-229 Concerning Changes to Statutory Provisions Related to Criminal Proceedings, by Sen. Lucia Guzman and Rep. Elena Kagan. The bill addresses several areas of law related to criminal proceedings.
  • SB 13-246Concerning Creation of a Task Force to Study Discovery Costs in Criminal Cases, by the Joint Budget Committee. The bill creates the Discovery Task Force to study the feasability of conducting discovery electronically in criminal cases.
  • SB 13-248Concerning the Authority of the Attorney General or a District Attorney to Enforce Subpoenas for Consumer Protection Violations Against Persons Located Outside Colorado, by Sen. Irene Aguilar and Rep. Kevin Priola. The bill clarifies the authority of the District Attorney and Attorney General in issuing and enforcing subpoenas against out-of-state parties for certain financial violations.
  • SB 13-249Concerning Procedures Regarding Independent Medical Examiners’ Reports in Workers’ Compensation Cases, by Sen. Lois Tochtrop and Rep. Angela Williams. The bill requires the Division of Workers’ Compensation to review IME reports within 5 days, notify parties of the report, and request correction of any deficiencies.

Governor Hickenlooper was busy on Tuesday, May 28, 2013, when he signed 73 bills into law. Although they cannot all be summarized here, there are several bills of interest to environmental, criminal, real estate, and marijuana law attorneys in Colorado briefly summarized here.

  • Environmental – Several bills, including SB 13-219 regarding meth lab remediation and SB 13-223 regarding the sunset of the noxious weeds advisory committee, will be of interest to environmental law practitioners.
  • Criminal – Many of the bills signed into law this legislative session dealt with specific provisions of criminal law. SB 13-007 eliminates the repeal of the Colorado Commission on Criminal and Juvenile Justice. SB 13-227 prevents victims of rape who are impregnated by their rapist from having to have contact with their baby’s father. HB 13-1210 provides criminal defendants with a right to counsel during plea negotiations.
  • Real Estate – Bills regarding homeowners’ associations were prolific this legislative session. Some of the HOA bills signed on May 28 include HB 13-1276 regarding debt collections and HB 13-1277 regarding licensing of common interest community managers.
  • Marijuana - The legislature scurried to implement regulations in order to legalize marijuana pursuant to Amendment 64. Several bills were signed regarding marijuana regulations, including SB 13-283 to implement the Amendment 64 consensus regulations and HB 13-1317 to implement the Amendment 64 majority recommendations.

For a complete list of the governor’s 2013 legislative decisions, click here.

Colorado Supreme Court: Announcement Sheet, 6/3/13

The Colorado Supreme Court issued one published opinion on Monday, June 3, 2013.

People v. Mason

The summary for this case is forthcoming, courtesy of The Colorado Lawyer.

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

Congratulations to New Members of Colorado’s Bar!

BarAdmittees5-13Congratulations to all the new attorneys who were sworn in at the Spring Admission Ceremony on Tuesday, May 28, 2013, at the Boettcher Concert Hall. Of the 400 people who took the bar exam in February, 275 or 69 percent passed. Approximately 175 of those people were in attendance at the admission ceremony.

JudgeKrieger5-13Chief Judge Marcia Krieger of the U.S. District Court for the District of Colorado delivered the welcoming remarks and introductions. Colorado Supreme Court Chief Justice Michael Bender also spoke, as did Dean Martin Katz of the University of Denver’s Sturm College of Law and CBA President Mark Fogg.

Click here to view photos from the event on the CBA Facebook page. For more information on the results of the February 2013 bar exam, click here.

Congratulations, and welcome to the bar!

Annual Rocky Mountain Intellectual Property & Technology Institute Kicks Off Thursday, May 30, 2013

CLE in Colorado’s 11th Annual Rocky Mountain Intellectual Property & Technology Institute begins this Thursday, May 30, at the Westin Westminster hotel. Topics to be discussed include mobile apps, Apple v. Samsung, crowdsourcing, and the America Invents Act.

The America Invents Act changed the landscape of intellectual property law. Inter partes review is becoming a staple of prosecutors’ practices. First-to-file provisions became effective March 16, 2013, which was a big change from America’s previous system. There were many other changes to intellectual property law as a result of the America Invents Act, and Daniel Sherwinter, Esq., of Marsh, Fischmann & Breyfogle, illustrated the changes through a quick summary guide published by CBA-CLE. This summary guide is published here as a courtesy of CBA-CLE.

The America Invents Act – A Quick Guide

If you haven’t already registered for the IP Institute, you can still register at the event at the Westin Westminster, or click here for the online registration page.

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