September 2, 2014

Kimberly Karn Appointed to Tenth Judicial District

On Thursday, August 28, 2014, the governor’s office announced his appointment of Kimberly Karn to the district court bench of the Tenth Judicial District in Pueblo. Karn will fill a vacancy created by the retirement of Hon. Victor Reyes, effective December 31, 2014.

Karn is currently a Deputy Colorado State Public Defender in Pueblo, where she headed the regional office from 2007 through 2012. In addition to her service in Pueblo, Karn has worked at public defender offices in Colorado Springs, Denver, Arapahoe County, and Greeley. She was an attorney in private practice before becoming a public defender, focusing on family law and dependency and neglect. She was also a guardian ad litem. She received both her undergraduate and law degrees from the University of Iowa.

Samuel Cassidy Appointed to Archuleta County Court

On Thursday, August 28, 2014, Governor Hickenlooper’s office announced his appointment of Samuel Cassidy to the Archuleta County Court bench. Cassidy will fill a vacancy created by the retirement of Hon. James E. Denvir, effective January 13, 2015.

Cassidy currently teaches business law and ethics at DU’s Daniels College of Business. He handles pro bono cases in many practice areas, including criminal, civil litigation, business contracts and formation, and real estate. Prior to teaching at DU, Cassidy was president and CEO of the Colorado Association of Commerce and Industry, as well as the Jefferson County Economic Development Association. He has also served as Colorado’s Lieutenant Governor, Senate Minority Leader, and a state senator from Senate District 6. Prior to that, he was an attorney in private practice.


Comment Period Open for Proposed Changes to 10th Circuit Local Rules

The Tenth Circuit Court of Appeals has proposed changes to its local rules, effective January 1, 2015. From August 22 through October 20, the comment period for these proposed changes will be open to all interested parties. Comments are welcome on all rules, but practitioners are encouraged to carefully review the appendix requirement in counseled civil cases and criminal cases where there is retained counsel.

In addition to the changes to the 10th Circuit Local Rules, a change to Rule 6 of the Federal Rules of Appellate Procedure regarding bankruptcy appeals will take effect December 1, 2014. The change addresses three areas: (1) it has been updated to include the latest numeric revisions to the bankruptcy rules; (2) language has been changed to address electronic records; and (3) references have been added to discretionary bankruptcy appeals.

The changes to Fed. R. App. P. 6 and the 10th Circuit Local Rules are available in a clean version and a redline. Comments may be submitted to the clerk of the 10th Circuit via email at Interested parties are welcome to call the clerk’s office with questions at (303) 844-3157.

New C.J.E.A.B. Opinion States Judges Cannot Ethically Use Marijuana

On Thursday, July 31, 2014, the Colorado State Judicial Branch released Colorado Judicial Ethics Advisory Board (C.J.E.A.B.) Opinion 2014-01, advising Colorado judges that because marijuana is still illegal under federal laws, any use of marijuana violates Rule 1.1 of the Canon of Judicial Conduct.

The C.J.E.A.B. consists of judges and non-judges who provide advice on ethical issues to judicial officers who request an opinion. Any judicial officer in Colorado may request an opinion from the Board. Once the request is received, the C.J.E.A.B. will consider whether to research the question and issue an opinion regarding the propriety of the proposed conduct and the ethical issues presented.

The question raised in Opinion 2014-01 was whether a judge may use marijuana privately and in a manner consistent with the Colorado Constitution in light of the legalization of marijuana in Colorado. The C.J.E.A.B. decided that because marijuana is still illegal under federal law, using marijuana even in a manner consistent with Colorado law is more than a minor violation of the law and constitutes a violation of Rule 1.1 of the Canon of Judicial Conduct. The C.J.E.A.B. decided that virtually every violation of Colorado law is a violation of the CJC, because the exceptions delineated by the committee that crafted the CJCs were extremely minor, such as parking tickets. Further, because drug- and alcohol-related offenses were specifically mentioned as not falling under the exception, the C.J.E.A.B. determined that a judge’s use of marijuana is not a minor violation of law.

Click here for the full text of Opinion 2014-01 and click here for all of the C.J.E.A.B. opinions.

Hon. Nancy Moritz Sworn In as Judge on 10th Circuit Court of Appeals

On Wednesday, July 30, 2014, Chief Judge Mary Beck Briscoe of the Tenth Circuit Court of Appeals announced the appointment of Hon. Nancy L. Moritz to the bench. President Obama nominated Judge Moritz in August 2013. She was confirmed by the Senate on May 5, 2014, and was administered the oath of office on July 30 by Judge Eric Melgren of the District of Kansas. Judge Moritz’s temporary chambers will be in Lawrence, Kansas.

Judge Moritz has a distinguished career on the bench. She was on the Kansas Court of Appeals from 2004 through 2010, and was appointed to the Kansas Supreme Court in 2011. Prior to working on Kansas’ appellate courts, she was an Assistant U.S. Attorney for the District of Kansas, and was an attorney in private practice prior to that. She attended Washburn University and Washburn University Law School in Topeka, Kansas.


Three Judges to Retire from Denver County Court

On Tuesday, July 29, 2014, the Denver County Court announced the retirement of three judges – Judge Claudia Jordan, Judge Mary Celeste, and Judge Larry Bohning. Judge Jordan will retire effective September 30, 2014, and Judges Celeste and Bohning plan to retire in January 2015.

Judge Claudia Jordan was appointed to the Denver County Court bench in 1994. She was a deputy state public defender prior to her appointment, and was in private practice prior to that. Judge Jordan received her undergraduate degree from the University of North Carolina and her law degree from the University of Colorado School of Law.

Judge Mary Celeste was appointed to the Denver County Court bench in 2000. Judge Celeste also serves as an adjunct professor at DU’s Sturm College of Law. Prior to her appointment to the Denver County Court, she was in private practice from 1985 to 2000. Judge Celeste has been published in a variety of journals, including The Colorado LawyerCourt ReviewPreventive Law Journal, and California Western International Law Journal. She is a frequent speaker at programs in Colorado and throughout the United States. She received her law degree from California Western School of Law in 1983.

Judge Larry Bohning was appointed to the bench in 1980. Prior to his appointment, Judge Bohning worked as a staff attorney for the Colorado General Assembly and as an assistant county attorney for the CIty & County of Denver. Judge Bohning received his undergraduate degree from Dakota Wesleyan University and his law degree from the University of South Dakota School of Law. He is involved in several community activities, including the CBA Board of Governors, the Community College of Denver Foundation, and many CBA and DBA committees. He also participates as a volunteer judge for moot court competitions across the state.

Applications for these vacancies are available on the Denver County Court website. Eligible applicants must be qualified electors of Denver County and must have been licensed to practice law in Colorado for five years. Applications are due no later than 5 p.m. on August 11, 2014. More information is available from the Presiding Judge’s Office, 1437 Bannock, Room 108 or (720) 865-7870.

Chief Justice Directives 04-04 and 04-05 Amended by Colorado Supreme Court

On Friday, July 25, 2014, the Colorado Supreme Court announced revisions to Chief Justice Directive 04-04, “Advisory Counsel Appointments,” and 04-05, “Appointment and Payment Procedures for CAC, GALs, CFIs, and CVs.” For both of these Chief Justice Directives, the changes were effective July 1, 2014.

The changes reflect rate changes to the payment of court-appointed attorneys and investigators and related services. They affect both civil and criminal cases. The changes to CJD 04-04 are reflected in Attachment D, and the changes to CJD 04-05 appear on pages 7 to 8.

For all of the Colorado Supreme Court’s Chief Justice Directives, click here.

Robert Campbell Duthie, III, Appointed to Sixth Judicial District Nominating Commission

On Monday, July 21, 2014, the governor’s office announced the appointment of Robert Campbell Duthie, III, to the Judicial Nominating Commission for the Sixth Judicial District, encompassing Archuleta, La Plata, and San Juan counties. Duthie is an attorney in private practice in Durango, handling criminal, civil, and business matters. He was appointed as an attorney and a Democrat from La Plata County for a term expiring December 31, 2019.

Each of Colorado’s 22 judicial districts has a judicial nominating commission, which reviews applicants for judicial vacancies and selects nominees for the governor’s consideration. Judicial district nominating commissions are comprised of seven members, no more than three of whom can be attorneys and no more than four of whom can be from the same political party. For more information on judicial nominating commissions, click here.

Hon. David R. Gloss to Retire from Gilpin County Court

On Monday, July 7, 2014, the Colorado State Judicial Branch announced the retirement on Hon. David R. Gloss of the Gilpin County Court in the First Judicial District, effective January 13, 2015.

Judge Gloss was appointed to the county court bench in 2011. Prior to his appointment, he was in private practice, focusing on dependency and neglect and truancy issues. He has also worked as an associate at Albert E. Anderson, P.C. and as a deputy district attorney in the Fourteenth Judicial District. He was admitted to practice law in Colorado in 1986.

Applications are now being accepted for the vacancy. Eligible applicants must be qualified electors of Gilpin County and must have graduated high school or achieved the equivalent of a high school diploma. Applications are available from Justice Nathan Coats, the ex officio chair of the First Judicial District Nominating Commission, and are also available on the State Judicial website. Applications are due no later than 4 p.m. on August 13, 2014. Anyone wishing to nominate another person must do so no later than 4 p.m. on August 6, 2014.

For more information about the vacancy, click here.

Appendix A of CJD 05-03 Amended to Reflect New Rates

On Tuesday, July 1, 2014, the Colorado State Judicial Branch released amended Chief Justice Directive 05-03. The changes to the Chief Justice Directive amend the rates for court reporting and recording services. CJD 05-03 was amended in May as well, to reflect current administrative practices, revise certification requirements for reporters, and address grand jury responsibilities.

Click here for CJD 05-03 and click here for all the Chief Justice Directives.


Water Court Rules 6 and 11 Amended by Colorado Supreme Court

On Tuesday, July 1, 2014, the Colorado Supreme Court issued Rule Change 2014(10), amending the Uniform Local Rules for All State Water Court Divisions. This rule change amended Rules 6 and 11 of the Water Court Rules.

Many of the changes to Rule 6, “Referral to Referee, Case Management, Rulings, and Decrees,” addressed the responsibilities of the division engineer. A Committee Comment was added to the rule also, to explain that the rule change clarified the role of the division engineer and to ensure that the division engineer’s participation is meaningful and significant.

Rule 11, “Pre-Trial Procedure, Case Management, Disclosure, and Simplification of Issues,” discusses discovery during meetings of experts. The timeline for filing pretrial motions was decreased from 91 days to 84 days. A Committee Comment was added to this rule as well, explaining the discovery provisions and the reason for shortening the timeline.

For a redline of the changes to Rules 6 and 11, click here.

Rules Governing Admission to the Bar Amended by Colorado Supreme Court

On Tuesday, July 1, 2014, the Colorado Supreme Court issued Rule Change 2014(09), amending the Rules Governing Admission to the Bar. The changes were significant, repealing and reenacting Rules 201 through 226.5. All of the rule changes are effective September 1, 2014, except the changes to Rule 203.2 regarding pro hac vice admissions. Rule 203.2 is effective July 1, 2014.

For a PDF of the new rules, click here.