October 20, 2017

Zachary Martin Appointed to Ouray County Court

On Wednesday, October 18, 2017, the Colorado State Judicial Branch announced the governor’s selection of Zachary Martin to fill a vacancy on the Ouray County Court, effective immediately. The vacancy was created by the appointment of Hon. Cory Jackson to the Seventh Judicial District Court.

Martin is currently a Senior Deputy Public Defender for the Colorado State Public Defender’s Montrose Office, where he defends adults and juveniles charged with misdemeanors and felonies. He has also worked at the Ouray, Gunnison, and Hinsdale county courts. He received his law degree from the University of Colorado School of Law and his undergraduate degree from Goucher College.

For more information about the appointment, click here.

Nominees Selected for Vacancy on Second Judicial District Court

On Tuesday, October 17, 2017, the Colorado State Judicial Branch announced the Second Judicial District Nominating Commission’s selection of three nominees to fill a vacancy on the Second Judicial District Court. The vacancy will be created by the retirement of Hon. Sheila Rappaport, effective December 31, 2017. The three nominees are Michael Beaver, Christopher Baumann, and Christine Washburn.

Michael Beaver is currently a partner at Holland & Hart, where he practices employment law. Christopher Baumann works at the State of Colorado Public Defender’s Office. Christine Washburn is a Chief Deputy District Attorney at the Denver District Attorney’s Office.

Under the Colorado Constitution, the governor has 15 days in which to appoint one of the nominees to the bench. Comments about the nominees may be emailed to the governor at gov_judicialappointments@state.co.us. For more information about the nominees, click here.

Nancy Salomone Appointed to 20th Judicial District Court

On Tuesday, October 3, 2017, the Colorado State Judicial Branch announced the appointment of Nancy Salomone to the 20th Judicial District Court. Salomone will fill a vacancy created by the retirement of Hon. Maria Berkenkotter, effective October 31, 2017.

Salomone is currently a partner at Malkinson Salomone, LLC, and also has a solo practice, The Law Offices of Nancy W. Salomone, PC. Previously, she was Of Counsel at Lazlo & Associates, and also worked at the Colorado State Public Defender’s Office in Denver. She received her undergraduate degree from the University of California at Los Angeles and her law degree from the University of Michigan School of Law.

For more information about the appointment, click here.

Rule 8.4 of Colorado Rules of Professional Conduct Amended in Rule Change 2017(09)

On Thursday, September 28, 2017, the Colorado Supreme Court released Rule Change 2017(09), amending Rule 8.4 of the Colorado Rules of Professional Conduct. Rule 8.4 addresses attorney misconduct. The change to the rule only involves subsection (c), which is amended by the addition of a clause to clarify that attorneys may advise, direct, or supervise others in lawful investigatory activities:

(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation, except that a lawyer may advise, direct, or supervise others, including clients, law enforcement officers, or investigators, who participate in lawful investigative activities;

The rule change is effective immediately. A redline and clean copy of the rule change is available here. All of the Colorado Supreme Court’s adopted and proposed rule changes are available here.

Amendments to District of Colorado Local Rules Open for Public Comment

On Tuesday, September 19, 2017, the U.S. District Court for the District of Colorado released a redline of the proposed amendments to its local rules. The amendments will be effective December 1, 2017. Comments must be submitted by October 19, 2017, to LocalRule_Comments@cod.uscourts.gov or via U.S. Mail to the Clerk of the Court, United States District Court, Attn: Legal Officer, Alfred A. Arraj U.S. Courthouse, 901 19th Street, Denver, Colorado 80294. Comments should specify to which rule they refer.

A summary of the changes to the local rules is available here:

SECTION I – CIVIL RULES
D.C.COLO.LCivR 7.1(b) and (d) MOTIONS – (b) Exceptions to the Duty to Confer; (d) Motion, Response and Reply, Time for Serving and Filing; Length. (b) Entry of appearance and motions to withdraw are excepted from the list of motions requiring conferral of the parties or counsel; and (d) summary judgment motions are excluded from special treatment
D.C.COLO.LCivR 8.1 IN FORMA PAUPERIS PARTY AND PRISONER PLEADINGS Initial Review authorized for In Forma Pauperis filers, more closely following the statute; more specific instructions to pro se parties; former prisoners who bring “prison” actions now included.
D.C.COLO.LCivR 15.1(b) Amendment or Supplementation by Motion Removes exception for prisoner litigants; supplements to pleadings added.
D.C.COLO.LCivR 40.1(c) Direct Assignment to Magistrate Judges Adds another exception to direct assignment — cases where an order of referral has already been filed.
SECTION II – Criminal Rules
D.C.COLO.LCrR 47.1 PUBLIC ACCESS TO CASES, DOCUMENTS,          AND PROCEEDINGS (a) Adds judicial authorization to broaden levels of restriction or be more specific regarding access; (f) restricts information about parties posting any bond; broadens language about possible restricted CJA filings.
Section III – Local Patent Rules
(No Changes)
SECTION IV – AP Rules
(No Changes)
SECTION V – Attorney Rules
D.C.COLO.LAttyR 5 ENTRY AND WITHDRAWAL OF APPEARANCE AND MAINTENANCE OF CONTACT INFORMATION (b) Provides more details as to counsel’s responsibilities for withdrawal from limited representation.
D.C.COLO.LAttyR 6 DISCIPLINARY PANEL AND COMMITTEE ON CONDUCT Memorializes the selection criteria for Committee on Conduct membership.
D.C.COLO.LAttyR 15 CIVIL PRO BONO REPRESENTATION (a) Updates Civil Pro Bono Program to allow appointment of both limited and general representation pro bono counsel;
(e) Expands unrepresented parties’ eligibility to include potential for appointment of counsel during the initial review process; and acknowledges that appointment of counsel for defendants/respondents is authorized; and
(f) Appointment procedure includes limited representation

 

Hon. Dennis Graham to Retire from Colorado Court of Appeals

On Wednesday, September 20, 2017, the Colorado State Judicial Branch announced the retirement of Colorado Court of Appeals Judge Dennis Graham, effective February 12, 2018.

An esteemed figure in the legal community, Judge Graham attended Colorado State University, then went on to law school at the University of Nebraska. He was drafted in his first year, however, and spent three years in the Army before returning to finish law school. He worked as a civil litigation attorney focused on securities law and commercial transactions from 1976 to 2002. Judge Graham was appointed to the Colorado Court of Appeals in 2002. Judge Graham has served on the Colorado Judicial Ethics Advisory Board and the Judicial Personnel Board. He is an avid cyclist.

Applications are now being accepted for the upcoming vacancy. Eligible applicants must be qualified electors of the State of Colorado and must have been admitted to practice law in Colorado for five years. Applications are available from the State Judicial website, or from the ex officio chair of the Supreme Court Nominating Commission, Chief Justice Nancy Rice. Applications must be received no later than 4 p.m. on October 23, 2017; anyone wishing to nominate another must do so no later than 4 p.m. on October 16, 2017.

For more information about Judge Graham, click here. For more information about the vacancy or application process, click here.

Ingrid Bakke Appointed Chief Judge of 20th Judicial District

On Friday, September 15, 2017, the Colorado State Judicial Branch announced that District Judge Ingrid Bakke was appointed Chief Judge of the 20th Judicial District. Judge Bakke will replace Hon. Maria Berkenkotter as Chief Judge, effective upon Judge Berkenkotter’s October 31 retirement.

Judge Bakke was appointed to the 20th Judicial District Court in January 2011. Prior to her appointment, she was in private practice, where she focused on criminal defense and child abuse matters. She was also a prosecutor in Boulder County for six years and in Jefferson County for 11 years.

For more information about the appointment, click here.

Application Period Open for Ouray County Court Vacancy

On Thursday, September 14, 2017, the Colorado State Judicial Branch announced that the application period is open for a vacancy on the Ouray County Court. The vacancy was created by the appointment of Hon. Cory Jackson to the Seventh Judicial District Court, effective immediately.

Applications for appointment to the Ouray County Court are now being accepted. Eligible applicants must be qualified electors of Ouray County and must have graduated high school or attained an equivalent. Application forms are available on the State Judicial website, and are also available from the ex officio chair of the Seventh Judicial District Nominating Commission, Justice Richard L. Gabriel. Applications must be received by 4 p.m. on September 26, 2017; anyone wishing to nominate another must do so no later than September 19, 2017.

For more information about the vacancy, click here.

Colorado Rules of Criminal Procedure Amended in Rule Change 2017(08)

On Monday, September 11, 2017, the Colorado Supreme Court issued Rule Change 2017(08), amending Rules 4 and 9 of the Colorado Rules of Criminal Procedure. The rule change is effective immediately.

Rule 4 addresses warrant and summons issuance upon filing of a felony complaint. Rule 9 addresses warrant or summons issuance upon indictment or information. The changes to the two rules are similar. The amended rules generally address procedures for issuing warrants or summonses in criminal matters, changing phrasing in many instances but retaining the substance of the rules. The rules were also changed to update information to gender-neutral pronouns.

A redline and clean copy of Rule Change 2017(08) is available here. For all of the Colorado Supreme Court’s adopted and proposed rule changes, click here.

Cory Jackson Appointed to Seventh Judicial District Court

On Friday, September 8, 2017, the Colorado State Judicial Branch announced the governor’s appointment of Cory Jackson to the Seventh Judicial District Court. Jackson will fill a vacancy created by the retirement of Hon. David Westfall, effective immediately.

Currently, Jackson is a county court judge in Ouray County, where he oversees a docket including civil cases, felony complaints, misdemeanors, traffic infractions, civil protection orders and small claims matters. Judge Jackson has also served as a municipal court judge since 2015 for the City of Ouray, the Town of Ridgway, and the Town of Telluride. He was a solo practitioner prior to his appointment to the bench. Judge Jackson received his undergraduate degree from Colorado College and his law degree from the University of Colorado School of Law.

For more information about the appointment, click here.

Public Comment Period Open for 2018 10th Circuit Local Rules

On Tuesday, September 5, 2017, the Tenth Circuit Court of Appeals released its 2018 local rules for public comment. Comments will be accepted through October 31, 2017. A final version of the new rules will be posted on the Tenth Circuit’s website on December 1, 2017, and the rules will be effective January 1, 2018. A memo describing the changes to the local rules is available here, and a redline of the rule change is available here.

Effective December 31, 2017, two changes will be made to the Federal Rules of Appellate Procedure. Rule 4(a)(4)(B)(iii) will be changed to re-insert a sentence confirming that no fees are due when an amended notice of appeal is filed. Additionally, Rule 28.1(e)(3) will be deleted to correct a scrivener’s error; the rule should have been deleted last year.

Comments regarding the rule change may be submitted to the court clerk via email.

Rule 16 of Colorado Rules of Criminal Procedure Amended by Colorado Supreme Court

On Thursday, August 24, 2017, the Colorado State Judicial Branch announced Rule Change 2017(07), amending Colo. R. Crim. P. 16. The changes to Crim. P. 16 amend the prosecution’s discovery requirements, as follows:

(c) Cost and Location of Discovery.

(1) The prosecution’s costs of providing duplicating any material discoverable material electronically to the defense, electronically or otherwise, under this rule shall be funded as set forth in section 16-9-702(2), C.R.S.paid from funds allocated by the general assemblyborne by the party receiving the material, based on the actual cost of copying the same to the party furnishing the material. The prosecution Copies of any discovery provided to a defendant by court appointed counsel shall nototherwisecharge for discoverybe paid for by the defendant. For any materials provided to the prosecution as part of the defense discovery obligation, the cost shall be borne by the prosecution based on the actual cost of duplication. Copies of any discovery provided to a defendant by court appointed counsel shall be paid for by the defendant.

(2) The place of discovery and furnishing of for materials not capable of being provided electronically shall be at the office of the party furnishing it, or at a mutually agreeable location.

The rule change is effective August 24, 2017. For the complete text of the rule change, click here. For all of the Colorado Supreme Court’s adopted and proposed rule changes, click here.