June 30, 2016

Application Period Open for Bankruptcy Judgeship in District of Colorado

BankruptcyCourtThe U.S. District Court for the District of Colorado announced that it is accepting applications for a bankruptcy judge in the District of Colorado. The position is located in Denver and will be available January 4, 2017, pending successful completion of a background investigation. Bankruptcy judges are appointed for 14-year terms pursuant to 28 U.S.C. § 152.

Qualified applicants must be members in good standing of the highest bar of at least one state, the District of Columbia, or the Commonwealth of Puerto Rico, and must be in good standing in every bar in which the applicant is a member. Applicants must possess, and have a reputation for, integrity and good character; possess, and have demonstrated, a commitment to equal justice under the law; possess, and have demonstrated, outstanding legal ability and competence; indicate by demeanor, character, and personality that the applicant would exhibit judicial temperament if appointed; and be of sound physical and mental health sufficient to perform the essential duties of the office. Applicants must have been engaged in the practice of law or other suitable law-related occupation for the last five years, must not be related by blood or marriage to any judge of the Tenth Circuit or District of Colorado or a member of the Tenth Circuit Judicial Council, must comply with financial disclosure requirements, and must be willing to serve.

Application forms are available on the Tenth Circuit website and will be accepted through August 15, 2016. For more information, click here.

Hon. Ben F. Eden to Retire from Gunnison County Court

On Wednesday, June 16, 2016, the Colorado State Judicial Branch announced that Hon. Ben F. Eden will retire from the Gunnison County Court, effective January 10, 2017. Judge Eden was appointed to the Gunnison County Court in April 1997, where he manages a docket of civil, criminal (both misdemeanor and felony), and traffic cases. Prior to his appointment, Eden was a Deputy District Attorney in Gunnison at the Seventh Judicial District Attorney’s Office from 1989 to 1997. He received his undergraduate degree from Western State College, and also received an MBA from Western State College. He received his law degree from the University of Colorado School of Law.

Applications are now being accepted for the upcoming vacancy. Eligible applicants must be qualified electors of Gunnison County and must have graduated from high school or attained the equivalent. Application forms are available from the State Judicial website and from Justice Allison Eid, ex officio chair of the Seventh Judicial District Nominating Commission. Applications must be received no later than 4 p.m. on August 8, 2016; anyone wishing to nominate another must do so no later than 4 p.m. on August 1, 2016.

For more information about the vacancy, click here.

ABA Ethics Committee Recommends Adoption of Model Ethics Rule Prohibiting Discrimination

The ABA Center for Professional Responsibility announced that the Standing Committee on Ethics and Professional Conduct submitted with the ABA House of Delegates a resolution to amend the Model Rules of Professional Conduct to include a black-letter prohibition against discrimination. The proposed change would add a new subparagraph (g) to Model Rule 8.4, which states:

It is professional misconduct for a lawyer to:

. . .

(g) harass or discriminate on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law. This Rule does not limit the ability of a lawyer to accept, decline, or withdraw from a representation in accordance with Rule 1.16.

The proposal would also add new comments to Model Rule 8.4 explaining that “Discrimination and harassment by lawyers in violation of paragraph (g) undermines confidence in the legal profession and the legal system,” and clarifying that paragraph (g) is not intended to prohibit legitimate advocacy. The Committee on Ethics and Professional Responsibility explained that the rule is intended to further the ABA’s goal of eliminating bias and enhancing diversity in the profession.

To read more about the proposal, click here. For a redline of the proposed changes to Model Rule 8.4, click here.

Hon. Amanda K. Pearson and Hon. Susan I. Broyles to Retire

On Wednesday, June 15, 2016, the Colorado State Judicial Branch announced the retirement of two county court judges in the Twelfth Judicial District. Hon. Amanda K. Pearson of the Saguache County Court will retire, effective November 1, 2016, and Hon. Susan I. Broyles of the Conejos County Court will retire, effective January 10, 2017.

Judge Pearson was appointed to the Saguache County Court in March 1998. She is the Senior County Court Judge, and is also an Alamosa Municipal Court judge. Prior to her appointment, Pearson was in private practice, and also spent three years at the Twelfth Judicial District Attorney’s Office. She received her undergraduate degree from Adams State College and her law degree from the University of Colorado.

Judge Broyles was appointed to the Conejos County Court in October 2013. Prior to her appointment, she helped pro bono clients with with various matters, including collections, torts, business matters, traffic infractions, and more. Prior to that, she taught reading and writing to disadvantaged children at an inner city school for ten years. She also worked as a Special Assistant Attorney General representing the Department of Corrections, and was a non-attorney county court judge in Conejos County before receiving her J.D. from the University of Denver Sturm College of Law.

Applications are now being accepted for both vacancies. Eligible applicants must be qualified electors of the counties in which the vacancies occur, and must have graduated from high school or attained the equivalent. Application forms are available on the State Judicial website or from Justice Brian Boatright, the ex officio chair of the Twelfth Judicial District Nominating Commission. Applications must be received no later than 4 p.m. on July 20, 2016, and anyone wishing to nominate another must do so in writing no later than 4 p.m. on July 13, 2016.

For more information about the vacancies, click here.

Finalists Selected for Vacancy on 21st Judicial District Court

On Wednesday, June 16, 2016, the Colorado State Judicial Branch announced that the Twenty-First Judicial District Nominating Commission selected three finalists for a vacancy on the District Court, occasioned by the retirement of Hon. David A. Bottger, effective August 12, 2016. The three nominees are Michael J. Gratton, III, of Grand Junction; Gretchen B. Larson, of Grand Junction; and Lance P. Timbreza, of Grand Junction.

Under the Colorado Constitution, the governor has 15 days from June 15 in which to select one of the nominees for appointment to the bench. Comments regarding any of the nominees may be emailed to the governor at gov_judicialappointments@state.co.us.

For more information about the vacancy and the nominees, click here.

Hon. Gary R. Stork to Retire from Huerfano County Court

StorkOn Monday, June 13, 2016, the Colorado State Judicial Branch announced that Hon. Gary R. Stork will retire from the Huerfano County Court, effective January 10, 2017. Judge Stork was appointed to the court in January 2009. Prior to his appointment, he spent 22 years as an elected District Attorney in La Junta, Colorado, and spent several more years as a district attorney in various other Southern Colorado communities. He received his undergraduate degree from Pasadena College and his law degree from the University of Denver.

Applications are now being accepted for the upcoming vacancy. Eligible applicants must be qualified electors of Huerfano County and must have graduated from high school or attained the equivalent. Application forms are available from Justice William Hood, III, the ex officio chair of the Third Judicial District Nominating Commission, and are also available on the State Judicial website. Applications must be received no later than 4 p.m. on August 3, 2016, to be considered; anyone wishing to nominate another must do so by no later than 4 p.m. on July 27, 2016.

For more information on the vacancy, click here.

Cindy Hoang-Ha Thi Dang and Martin “M.J.” Flaum Appointed to Adams County Court

On Thursday, June 9, 2016, Governor Hickenlooper appointed Cindy Hoang-Ha Thi Dang and Martin “M.J.” Flaum to the Adams County Court bench. Ha Dang and Flaum will fill vacancies created by the retirement of Hon. Robert S. Doyle and Hon. Jeffrey L. Romeo. Ha Dang’s appointment is effective July 1, 2016, and Flaum’s appointment is effective January 10, 2017.

Ha Dang is currently a magistrate judge in the Seventeenth Judicial District, where she mainly hears domestic relations cases. She was appointed as magistrate in 2013. Prior to her appointment, she served as a guardian ad litem and child and family investigator as well as deputy DA in Colorado Springs. She was also in private practice, where she represented clients in domestic, criminal, juvenile, and immigration matters. Ha Dang received her undergraduate degree from the University of California at Irvine and her law degree from the Western School of Law in San Diego.

Flaum is currently a Senior Lead Deputy District Attorney in the Seventeenth Judicial District. He prosecutes felonies such as homicide, sexual assault, assault, vehicular homicide, drug cases, theft, and domestic violence. Flaum received his undergraduate degree from the University of Nebraska in 2003 and his law degree from Creighton University in 2009.

For more information about the appointments, click here.

Curtis “Lane” Porter Appointed to Prowers County Court

On Thursday, June 9, 2016, Governor Hickenlooper appointed Curtis “Lane” Porter to the Prowers County Court. Porter will fill a vacancy created by the retirement of Hon. Larry E. Stutler, effective July 1, 2016.

Porter is currently a Deputy District Attorney in the Fifteenth Judicial District, where he has worked since 2009. He earned his undergraduate degree from the University of Colorado in 2005 and his law degree from the Brandeis School of Law at the University of Louisville in 2008.

For more information about the appointment, click here.

Kelly LaFave and Michael Roche Appointed to Arapahoe County Court

On Friday, June 3, 2016, Governor Hickenlooper appointed Kelly LaFave and Michael Roche to the Arapahoe County Court. LaFave and Roche will fill vacancies created by the retirement of Hon. Dana E. Murray and Hon. Christine Cauche, effective July 1, 2016.

Kelly LaFave is currently a Senior Deputy District Attorney in the Eighteenth Judicial District, where focuses on misdemeanor and felony prosecutions. LaFave was also a district attorney in Texas, a county attorney in Pima County, Arizona, and a special agent for the FBI in San Francisco. She received both her undergraduate and law degrees from Arizona State University.

Michael Roche is a founding partner of Lathrop & Gage, LLP, where he litigates complex business and commercial disputes. Prior to joining Lathrop & Gage, he was an attorney at Baker Hostetler and also clerked for Judge Howard D. McKibben of the United States District Court for the District of Nevada. He received both his undergraduate and law degrees from the University of Michigan.

For more information about the appointments, click here.

New Chief Justice Directive 16-02 Adopted by Colorado Supreme Court

On Friday, June 3, 2016, the Colorado State Judicial Branch announced the adoption of a new Chief Justice Directive. CJD 16-02, “Court Appointments Through the Office of Respondent Parents’ Counsel,” is effective July 1, 2016, and addresses the appointment, training, and payment of respondent parents’ counsel appointed to represent indigent parents in dependency and neglect proceedings.

The directive sets forth the mission, authority, and responsibilities of the Office of Respondent Parents’ Counsel. The directive also lists qualifications for attorneys appointed through the office, including appellate counsel. Practice guidelines, requirements, and continuing education requirements for attorneys are also included, as well as duties for judges and magistrates and procedures for complaints against counsel. Guidelines are set forth for payment by the Office of Respondent Parents’ Counsel.

The directive was signed by Chief Justice Nancy Rice on June 1, 2016, to take effect July 1. Click here for CJD 16-02 and click here for all the Colorado Supreme Court Chief Justice Directives.

CJD 06-03 Regarding Language Interpreters and Court Access Amended

On Wednesday, June 1, 2016, the Colorado State Judicial Branch announced that Chief Justice Directive 06-03, “Directive Concerning Language Interpreters and Access to the Courts by Persons of Limited English Proficiency,” was amended, effective May 31, 2016.

The changes to the Chief Justice Directive include updating the name of the Office of Language Access, which was formerly known as the Court Interpreter Program, and minor editorial changes to clarify the use of certified and credentialed interpreters for both in-person and telephonic events in order to further the Judicial Department’s mission of ensuring people of limited English proficiency have full access to the courts.

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

Application Period Open for Washington County Court Vacancy

On Friday, May 27, 2016, the Colorado State Judicial Branch announced a vacancy on the Washington County Court, created by the appointment of Hon. Carl S. McGuire, III, to the district court bench. The vacancy will occur on July 1, 2016.

Applications are now being accepted for the vacancy. Eligible applicants must be qualified electors of Washington County at the time of investiture and must have graduated from high school or attained the equivalent. Application forms are available from the State Judicial website or from Justice Gabriel, the ex officio chair of the Thirteenth Judicial District Nominating Commission. Application forms must be received no later than 4 p.m. on July 6, 2016, and anyone wishing to nominate another must do so no later than 4 p.m. on June 29, 2016.

For more information about the vacancy, click here.