May 24, 2013

Patrick Murphy Appointed as New Eleventh Judicial District Court Judge

On Wednesday, September 12, 2012, Governor John Hickenlooper appointed Patrick Murphy to serve as a district court judge in the Eleventh Judicial District, which covers Chaffee, Custer, Fremont, and Park counties. Murphy will fill the vacancy created by the retirement of the Honorable Julie G. Marshall. His appointment is effective immediately.

Murphy currently serves as the head of the Colorado State Public Defender office in Salida. He has worked as a Public Defender in the Eleventh Judicial District for seventeen years.

Murphy earned his bachelor’s degree from the University of Pennsylvania and his law degree from the University of Colorado College of Law.

Colorado Court of Appeals: Week of September 2, 2012 (No Published Opinions)

The Colorado Court of Appeals issued no published opinions and twenty unpublished opinions for the week of September 2, 2012.

Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions. Case announcements are available here.

Governor Hickenlooper Appoints New Member to Supreme Court Nominating Commission

On Wednesday, September 5, 2012, Governor John Hickenlooper announced several Boards and Commissions appointments, including one to the Supreme Court Nominating Commission.

The Supreme Court Nominating Commission recommends candidates to serve as judges for the Supreme Court and the Court of Appeals. The chief justice of the Supreme Court chairs the commission and is a non-voting member. This commission includes one citizen admitted to practice law in Colorado and one citizen not admitted to practice law residing in each of the state’s seven congressional districts, and one additional citizen not admitted to practice law in Colorado.

Kim Brian Childs of Hotchkiss was appointed to serve as an attorney and as an Unaffiliated member from the Third Congressional District, with a term to expire December 31, 2017.

Colorado Court of Appeals: Announcement Sheet, 8/30/12

On Thursday, the Colorado Court of Appeals issued eight published opinions and thirty-one unpublished opinions.

Published

People v. Doubleday

In re the Parental Responsibilities of D.T., a Child, and Concerning Lavattiata

Hanson v. Colorado Department of Revenue

Stulp v. Schuman

Progressive Casualty Insurance Company v. Moore

Colorado Off-Highway Vehicle Coalition v. Colorado Board of Parks and Outdoor Recreation

Colorado Common Cause v. Gessler

Communications Workers of America 7717 v. Industrial Claim Appeals Office

Summaries of published 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.

Ruth Acheson Appointed as New Mineral County Court Judge

On Thursday, August 30, 2012, Governor John Hickenlooper appointed Ruth Acheson to serve as a county court judge in the Twelfth Judicial District, which serves Mineral County. Acheson will fill the vacancy created by the retirement of the Honorable F. Stennard Lentz, effective January 8, 2013.

Acheson currently is in private practice for the Law Office of Ruth M. Acheson, a position she has held since 2004. Her practice consists exclusively of child protective issues. Prior to starting her own firm, Acheson worked as a public defender in the Twelfth Judicial District for nearly twenty years.

Acheson earned her bachelor’s degree from the University of Colorado and her law degree from Indiana University Maurer School of Law.

The 2012 DU Law Stars Annual Gala to Be Held Sept. 13

The University of Denver Sturm College of Law Law Stars event is just around the corner, to be held Thursday, September 13, 2012. Earlier this year, the law school named its awards recipients for the year, who will be honored at the event. Since 1993, DU Law Stars has recognized distinguished alumni and faculty for their achievements at the annual gala, which includes a light-hearted, humorous, and personal commemorative video of each honoree, recounting accomplishments both professional and personal.

This year’s awards recipients are:

Bill Keating, JD’71, Thompson G. Marsh Award:

A co-founder of the firm Keating Wagner Polidori Free, Bill has been listed in the Best Lawyers of America for more than 17 years. His strong work ethic and a love of the law and working with people has resulted in many honors including the invitations to the International Academy of Trial Lawyers, whose membership is limited to 500 Fellows in the United States and the American College of Trial Lawyers – representing less than the top one percent of lawyers in Colorado, and the U.S.  Bill has also been elected to membership in the International Society of Barristers, the American Board of Trial Advocates, and the Academy of Catastrophic Injury Attorneys. In 2008 he was again selected by Colorado attorneys for inclusion in Colorado Super Lawyers list, and this year included among the Top 10 Colorado Super Lawyers. He lectures locally and nationally on litigation matters and is past president of the Colorado Trial Lawyers Association.

Michael O’Donnell, JD’79, Outstanding Alumni Award:

Mike O’Donnell is a founder and the chairman of Wheeler Trigg O’Donnell. Mike has served as national and regional counsel for a number of Fortune 500 companies, including General Electric, Advanced Bionics, McKesson, Boston Scientific, Pfizer, and CNA.  Mike was elected a Fellow of the American College of Trial Lawyers and served as the chairman of its Colorado chapter for two consecutive years.  He was also elected to the American Board of Trial Advocates.  Mike is a former chairman of The Network of Trial Law Firms, a 7,000-member lawyer organization that offers continuing legal education programs on litigation topics.  Best Lawyers® lists Mike in five litigation practice areas and named him “Denver Legal Malpractice Lawyer of the Year” for 2011 and “Denver Product Liability Litigation Lawyer of the Year” for 2012. Mike has appeared on the Colorado Super Lawyers list since its inception, including making it onto its top-ten list multiple times.  In 2011, Law Week Colorado selected Mike as one of ten “Lawyers of the Decade.” In a survey conducted by Law Week Colorado in 2010, Mike was selected by his peers as the “Best Trial Lawyer” in Colorado.   In 2008, Mike became only the seventh defense lawyer to receive an award from the Colorado Trial Lawyers Association for the highest standards of competency, ethics, and professionalism.

Mary Jo Gross, JD ’79, Alumni Professionalism Award:

Mary Jo Gross is the Senior Vice President, Secretary, and Corporate Counsel of ET Investments, LLC. Mary Jo came to ET Investments from United General Title Insurance Company where she served as Vice President and Corporate Counsel. Immediately prior to joining United General, Mary Jo was General Counsel for Transwest Trucks. And prior to her in-house corporate counsel career, Mary Jo was a shareholder and director of Fairfield and Woods, P.C., a long-standing Denver law firm. Mary Jo is a past President of the Denver Bar Association and a past Chairperson of the University of Denver Sturm College of Law Alumni Council.

Professor Joyce Sterling, Excellence in Teaching Award:

Joyce Sterling has devoted more than a decade to the study of the legal profession and legal education. Her recent research has focused on the problems facing women in legal careers compared to their male counterparts. Her most recent article appears in University of Texas Journal of Women and the Law (titled “Sticky Floors, Broken Steps, Concrete Ceilings in Legal Careers”.) Since 1997, Professor Sterling has been one of the co-principal investigators on the “After the JD” Study. Professor Sterling has been a Visiting Scholar at Stanford Law School (Academic Year 1985-86), Visiting Professor at University of Cincinnati Law School (Fall 1990) and most recently a Visiting Research Fellow at the American Bar Foundation (Academic Year 2002-2003). Professor Sterling is called upon to give lectures about gender in the legal profession. These include the keynote address to the NALP Foundation annual meeting (2004), as well as speaking at the LSAC Annual Meeting, Law Access, Association of American Law Schools, and the Law and Society Association. Professor Sterling’s teaching areas include: History of American Law, Scientific Evidence, Legal Profession (course on legal ethics), and Law and Society Seminar.

The four will be honored at the gala event on September 13, 2012 at the Wings Over the Rockies Air & Space Museum in Denver. More information about the DU Law Stars can be found here.

Click here to register for the event. Click here for information about becoming a Law Stars sponsor and table sales.

Secretary of State Petitions to Alter Boundaries Between Multiple State Senate and House Districts

On Friday, August 24, 2012, Colorado Secretary of State Scott Gessler petitioned the Colorado Supreme Court to modify the boundaries between several State House districts and State Senate districts “in order to rectify a number of minor discrepancies between maps generated by the Colorado Reapportionment Commission and maps and GIS data utilized by various Colorado counties.” According to the Secretary of State, “these discrepancies have resulted in residential parcels that are split between districts, and in some cases include district boundary lines that are inconsistent with settled political boundary lines.”

In response, the Colorado Supreme Court has ordered that the parties and any interested member of the public file support or opposition briefs by August 31, 2012.

Click here to read the Secretary of State’s petition.

Click here to read the Colorado Supreme Court’s order.

Finalists Selected to Fill Eleventh Judicial District Court Judgeship

On Friday, August 24, 2012, the Eleventh Judicial District Nominating Commission has nominated three candidates for a district court judgeship created by the retirement of the Honorable Julie G. Marshall on January 8, 2013.

The nominees for the bench are Brenda Jackson of Canon City, Patrick Murphy of Salida, and Lynette Wenner of Cotopaxi. All were selected by the commission on August 23.

Under the Colorado Constitution, Governor Hickenlooper has until September 8 to appoint one of the nominees as District Court Judge for the Eleventh Judicial District, which covers Chaffee, Custer, Fremont, and Park counties.

Comments regarding any of the nominees may be sent via e-mail to the governor at judicial.appointments@state.co.us.

Authority and Responsibility of Chief Judges Amended by Chief Justice

Chief Justice Directive 95-01Authority and Responsibility of Chief Judges, was revised on August 17, 2012.

The directive was amended to include a paragraph memorializing the Chief Judge Council and a subparagraph regarding the open case and age of case reports for judges who retire, resign, or are rotating to a new docket. Other conforming amendments include omitting consultation with the chief justice on swearing-in dates for new judges and the obligation for the chief judge to maintain a vacation schedule, which is no longer necessary due to the use of a computerized leave program.

The details are outlined in CJD 95-01 – “Authority and Responsibility of Chief Judges”

If you have questions about this directive or the amendments, contact Carol Haller, Deputy State Court Administrator and Legal Counsel, at (303) 837-3669 or carol.haller@judicial.state.co.us.

Colorado Court of Appeals: Week of August 19, 2012 (No Published Opinions)

The Colorado Court of Appeals issued no published opinions and thirty-eight unpublished opinions for the week of August 19, 2012.

Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions. Case announcements are available here.

Theresa Slade Appointed as Eighteenth Judicial District Court Judge

On Wednesday, August 22, 2012, Governor John Hickenlooper appointed Theresa Slade to serve as District Court Judge in the Eighteenth Judicial District, which covers Arapahoe, Douglas, Elbert, and Lincoln counties. Slade will fill the vacancy created by the resignation of the Honorable Valeria Spencer, effective immediately.

Slade currently serves as a magistrate in the Eighteenth Judicial District, a position she has held since May 2011. In this role, she has a domestic relations docket with additional duties including preliminary hearings in felony criminal matters, juvenile court trials and mental health hearings. Prior to being a magistrate she ran a private practice, Slade & Associates, from 2000 to 2011. Previously, she was an associate municipal judge for the City of Lone Tree and an associate municipal/teen court judge for the Town of Castle Rock. In these capacities, Slade dealt with all municipal cases including theft, drug and alcohol violations, and traffic.

Slade earned her bachelor’s degree from Colorado State University and her law degree from the University of Denver Sturm College of Law.

Tenth Circuit Proposes Changes to Local Rules for 2013 and Seeks Comment

On January 1, 2013, new local rules for the United States Court of Appeals for the Tenth Circuit will take effect. From August 14 through October 17, the court invites comment and feedback from all interested parties on this year’s proposed changes. Please take a moment to review the changes below.

Comments may be emailed to the Court. In addition, interested parties are invited to call the office of the Clerk at (303) 844-3157 with any questions they may have. A final version of the rules will be posted on the court’s website on or around November 26, 2012.

Additionally, changes to Federal Rules of Appellate Procedure will take effect on December 1, 2012. These changes are also outlined in the documents below.

Tenth Circuit Proposed Local Rules Changes for 2013

Every year the court reviews the rules to identify places where language can be updated for clarity and to reflect technical advances and requirements. This year several changes are proposed in this regard. In addition, practitioners should note proposed changes for this year include eliminating certain requirements regarding attaching materials to docketing statements. The proposed rules call for eliminating all attachments except the order(s) on appeal. In addition, the docketing statement form has been streamlined. Practitioners will see all of the proposed language and form changes in the redline version of the rules.

Additional changes include:

1)  10th Cir. R. 3.4 (exempting pro se litigants from filing docketing statements)

This proposal eliminates the rule requirement that pro se parties file docketing statements.

2)  10th Cir. R. 29.1 (time for filing amici briefs on rehearing)

This proposal clarifies procedures for filing amici briefs on rehearing. Specifically, the proposal makes clear when those briefs must be filed. The language of the proposed local rule tracks the language found in Fed. R. App. P. 29(e).

3)  10th Cir. R. 30.1(C) (reminder regarding large appendices)

This proposal adds language to clarify and remind parties that large appendices should be broken down into manageable volumes.

4)  10th Cir. R. 31.3(B) (statement of separate briefs)

This proposed change clarifies the language already found in the local rule and notes that where there are multiple parties on one side, and only one of those parties is a nongovernmental entity, that party need not include a “separate brief” statement (because governmental entities are exempt from this requirement).

5)  10th Cir. R. 39.1 (maximum rates for bills of cost)

This proposed change relates to the “per page” amount the court will allow, under Federal Rule of Appellate Procedure 39, in awarding costs to a prevailing party for copying charges. The current rule allows parties to seek up to 50 cents per-page in copying charges. The proposal is to change the amount to $0.20 per page. The change puts the 10th Circuit into closer alignment with the rest of the circuits’ local rules in this area.

Click here to review a memorandum from the Tenth Circuit regarding the changes.

Click here to read a complete draft of the rules.

Click here to read a complete draft of the rules including red line edits.

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2013-05-25 03:45:52