July 30, 2016

Hon. Alex R. Bencze to Retire from Arapahoe County Court

Bencze2On Thursday, July 28, 2016, the Colorado State Judicial Branch announced the retirement of Hon. Alex R. Bencze from the Arapahoe County Court, effective January 1, 2017. Judge Bencze was appointed to the Arapahoe County Court bench in August 1998. Prior to that, he was an attorney in private practice. He also was a staff attorney at the Colorado Public Defender’s Office until 1982. He received his undergraduate degree from Indiana University Northwest and his doctorate in law degree from the University of Denver.

Applications are now being accepted for the vacancy. Eligible applicants must be qualified electors of Arapahoe County and must have been admitted to practice law in Colorado for five years. Applications are available from the State Judicial website and from the ex officio chair of the Eighteenth Judicial District Nominating Commission, Justice William Hood, III. Applications must be received no later than 4 p.m. on August 4, 2016.

For more information about the vacancy, click here.

Chief Justice Directive 12-03 Regarding Court Compensation of Expert Witnesses Amended

On July 21, 2016, Chief Justice Nancy Rice of the Colorado Supreme Court signed an amended version of CJD 12-03, “Directive Concerning Court Compensation of Expert Witnesses and Professionals Conducting Mental Health Evaluations, Sanity Evaluations, and Competency Evaluations,” effective July 1, 2016. The CJD was amended in conjunction with the establishment of the new Office of Respondent Parents’ Counsel. The experts covered by the CJD now fall within the purview of the Office of Respondent Parents’ Counsel, so the reference to C.R.S. § 19-3-607 was removed. The Office of Respondent Parents’ Counsel now has the related state funding and is statutorily responsible for payment of expert witnesses in these cases.

For the full text of the CJD 12-03, click here. For all of the Chief Justice Directives, click here.

Hon. Sam Cassidy to Resign from Archuleta County Court

AR-140829505On Friday, July 22, 2016, the Colorado State Judicial Branch announced the resignation of Hon. Sam Cassidy from the Archuleta County Court, effective September 20, 2016. Judge Cassidy was appointed to the Archuleta County Court in August 2014. Prior to his appointment, he taught business law and ethics at the University of Denver and frequently handled pro bono cases. He has also served as Colorado’s lieutenant governor, the Senate minority leader, and a state senator from Senate District 6. He received his law degree from the University of Tulsa Law School in 1975.

Applications are now being accepted for the vacancy. Eligible applicants must be qualified electors of Archuleta County and must have graduated high school or attained the equivalent degree. Applications are available from the State Judicial website or from the ex officio chair of the Sixth Judicial District Nominating Commission, Justice Brian Boatright. Applications must be received no later than noon on August 16, 2016, and anyone wishing to nominate another must do so no later than noon on August 9, 2016.

For more information about the vacancy, click here.

Hon. Daniel B. Petre to Retire from Ninth Judicial District Court

Petre (Formatted)On Wednesday, July 20, 2016, the Colorado State Judicial Branch announced the retirement of Hon. Daniel Petre from the Ninth Judicial District Court, effective October 1, 2016. Judge Petre was appointed to the bench in 2002. Prior to his appointment, he was a District Court Magistrate in the Ninth Judicial District and a Division 5 Water Referee. He was in private practice for 24 years before working as a magistrate and water referee. He received his undergraduate degree from Dartmouth College and his law degree from Southern Methodist University Law School.

Applications are now being accepted for the upcoming vacancy. Eligible applicants must be qualified electors of the Ninth Judicial District and must have been admitted to practice law in Colorado for five years. Application forms are available from the State Judicial website or from the ex officio chair of the Ninth Judicial District Nominating Commission, Justice Allison Eid. Applications must be received no later than 4 p.m. on August 31, 2016; anyone wishing to nominate another must do so no later than August 24, 2016.

For more information about the vacancy, click here.

Hon. John F. Stavely to Retire from Boulder County Court

StavelyOn Monday, July 18, 2016, the Colorado State Judicial Branch announced the retirement of Hon. John F. Stavely from the Boulder County Court, effective January 10, 2017. Judge Stavely was appointed to the Boulder County Court in August 2001, where he handles a docket of traffic, misdemeanor criminal, felony criminal, civil, and small claims cases. Prior to his appointment to the bench, he was a partner at Chrisman, Bynum & Johnson in Boulder for 19 years. He also served as a Louisville Municipal Court judge. He received his law degree from the University of North Dakota Law School and his undergraduate degree from the University of Colorado.

Applications are now being accepted for the upcoming vacancy. Eligible applicants must be qualified electors of Boulder County and must have been admitted to practice law in Colorado for five years. Application forms are available on the State Judicial website or from the ex officio chair of the Twentieth Judicial District Nominating Commission, Justice Monica Marquez. Applications must be received no later than 4 p.m. on August 12, 2016, and anyone wishing to nominate another must do so no later than August 5, 2016.

For more information about the vacancy, click here.

New and Revised Ethics Opinions Address Unbundling, Missing Clients

The Colorado Bar Association’s Ethics Committee has released Formal Opinion 128, addressing missing clients, and has revised Formal Opinion 101, addressing unbundling of legal services. Formal Opinion 128, “Ethical Duties of Lawyer Who Cannot Contact Client,” addresses situations where a client disappears at some time during the representation, or situations where a lawyer is retained by an insurance company to represent an insured but cannot locate the client. The CBA Ethics Committee opines that the lawyer should continue to act on behalf of the client in order to preserve legal rights, as long as the actions do not conflict with other ethical rules. The Committee also notes that the lawyer should take reasonable steps to locate the missing client.

Formal Opinion 101, “Unbundled Legal Services,” was revised by the Ethics Committee and reenacted as a new opinion. Formal Opinion 101 addresses unbundled legal services, where a lawyer undertakes part of the representation for a client but does not provide full services, such as in situations where a client cannot afford the full range of legal services but retains a lawyer to “ghostwrite” pleadings. The Ethics Committee incorporated the changes to Colo. RPC 1.2(c), which rule specifically allows limited representation, and the amendments to C.R.C.P. 11(b) and 311(b), which allow “ghostwriting” of pleadings. The opinion discusses the rule changes and their significance to lawyers in limited representations.

These rules and more will be discussed at CBA-CLE on July 26, 2016, at a breakfast program: “Ethics Rules Changes – Effective April 6, 2016.” Speakers Marcy Glenn, David Stark, and Jamie Sudler will discuss the new and revised rules and their implications for practitioners. Click the links below to register, or call (303) 860-0608.

 

ET072616L

CLE Program: Ethics Rules Changes — Effective April 6, 2016

This CLE presentation will occur on July 26, 2016, at the CBA-CLE offices (1900 Grant Street, Third Floor), from 8:30 a.m. to 9:50 a.m. Register for the live program here or register for the webcast here. You may also call (303) 860-0608 to register.

Can’t make the live program? Order the homestudy here: MP3Video OnDemand.

Hon. Gregory G. Lyman to Retire from Sixth Judicial District Court

lymanOn Thursday, July 14, 2016, the Colorado State Judicial Branch announced the retirement of Hon. Gregory G. Lyman from the Sixth Judicial District Court, effective January 10, 2017. Judge Lyman was appointed to the district court in June 1996, where he primarily handles civil, criminal, probate, and domestic relations matters. He is the Chief Judge of the Sixth Judicial District, and is also a Water Judge in Division 7. Prior to his appointment to the bench, he was the District Attorney of the Sixth Judicial District and also worked at the District Attorney’s Office in the Seventh Judicial District. He was in private practice before his work as a District Attorney. Judge Lyman received his law degree from the University of Colorado Law School.

Applications are now being accepted for the vacancy on the Sixth Judicial District Court bench. Eligible applicants must be qualified electors of the Sixth Judicial District and must have been licensed to practice law in Colorado for five years. Application forms are available from the State Judicial website or from the ex officio chair of the Sixth Judicial District Nominating Commission, Justice Brian Boatright. Completed applications must be received no later than noon on August 5, 2016, and anyone wishing to nominate another must do so no later than July 29, 2016.

For more information about the vacancy, click here.

Hon. Stephen J. Schapanski and Hon. Daniel J. Kaup to Retire from 8th Judicial District Court

On Wednesday, July 13, 2016, the Colorado State Judicial Branch announced the retirements of Hon. Stephen J. Schapanski and Hon. Daniel J. Kaup from the Eighth Judicial District Court, both effective January 10, 2017.

Judge Schapanski2Judge Schapanski was appointed to the district court in June 2007, and was named Chief Judge in August 2009. His docket includes civil, criminal, probate, juvenile, domestic relations, and appeals from magistrate orders. Prior to his appointment to the district court, he was a district court magistrate in the Eighth Judicial District from 1993 to 2007. He was in private practice in Fort Collins from 1974 to 1993. He received his law degree from Valparaiso University School of Law and his undergraduate degree from the University of Notre Dame.

Kaup (Formatted)Judge Kaup was appointed to the district court in October 2001, where his docket consists of civil and criminal actions and domestic relations cases. He was also appointed by the Colorado Supreme Court to serve as a water judge in the North Platte, Yampa, and White River basins from 2002 to 2008. He is also the presiding judge for the Adult Drug Court. Prior to his appointment, he was in private practice for 23 years in the North Park area, Jackson County, and the City of Walden, where he had a general practice. He received his undergraduate degree from Colorado State University and his law degree from the University of Denver.

Applications are now being accepted for the vacancies. Eligible applicants must be qualified electors of the Eighth Judicial District and must have been admitted to practice law in Colorado for five years. Application forms are available from the State Judicial website or from the ex officio chair of the Eighth Judicial District Nominating Commission, Justice Richard Gabriel. Completed applications must be received no later than 4 p.m. on August 4, 2016. Anyone wishing to nominate another must do so no later than 4 p.m. on July 28, 2016.

For more information about the vacancies, click here.

Hon. Addison Adams to Retire from Arapahoe County Court

Adams (Formatted)On Wednesday, July 13, 2016, the Colorado State Judicial Branch announced that Judge Addison Adams of the Arapahoe County Court will retire, effective January 10, 2017. Judge Adams was appointed to the Arapahoe County Court in February 2009. He oversees a docket of traffic violations, including DUIs, hit and run, reckless driving, and driving under restraint. Prior to his appointment to the Arapahoe County Court, he was an Arapahoe County magistrate. He also has worked as a Deputy Public Defender in Adams, Denver, and Arapahoe counties; was an Assistant Attorney General in the Regulatory Law Agency; served as the Director of Metro State University’s Law Office in the Student Legal Office; and was an attorney in private practice. Judge Adams received his undergraduate degree from Hampton University in Virginia, a Master of Public Administration degree from the University of Colorado, a law degree from the University of Denver, and a Master of Social Work from the University of Denver.

Applications are now being accepted for the vacancy on the Arapahoe County Court. Eligible applicants must be qualified electors of Arapahoe County and must have been admitted to practice law in Colorado for five years. Application forms are available on the State Judicial website and from the ex officio chair of the Eighteenth Judicial District Nominating Commission, Justice William Hood, III. Applications must be received no later than 4 p.m. on August 4, 2016. Anyone wishing to nominate another must do so no later than 4 p.m. on July 28, 2016.

For more information about the vacancy, click here.

Uniform Local Rules for All State Water Court Divisions Amended

On July 12, 2016, the Colorado Supreme Court issued Rule Change 2016(09), amending Rule 11 of the Uniform Local Rules for All State Water Court Divisions. There were several changes to the Rule, including updating citations, clarifying deadlines, formatting changes, and more. The most significant change was the addition of subsections (4) and (5) to 11(c), which address Case Management Conferences and amendments to the Case Management Order. A redline of the changes is available here. For all of the Colorado Supreme Court’s adopted and proposed rule changes, click here.

Hon. Edward Colt to Retire from Fourth Judicial District Court

ColtOn Monday, July 11, 2016, the Colorado State Judicial Branch announced the retirement of Hon. Edward Colt from the Fourth Judicial District Court, effective October 1, 2016. Judge Colt was appointed to the district court bench in August 1999. Judge Colt is active in his community, and frequently presides over Teen Court and Moot Court competitions. Prior to his appointment, Judge Colt was a municipal judge for the City of Colorado Springs and an attorney in private practice. He received his undergraduate degree from the University of Colorado and his law degree from California Western School of Law.

Applications are now being accepted for the upcoming vacancy. Eligible applicants must be qualified electors of the Fourth Judicial District and must have been admitted to practice law in Colorado for five years. Application forms are available from the State Judicial website or from the ex officio chair of the Fourth Judicial District Nominating Commission, Justice Nathan Coats. Applications must be received no later than 4 p.m. on August 15, 2016, to be considered. Anyone wishing to nominate another must do so no later than 4 p.m. on August 8, 2016.

For more information about the vacancy, click here.

CJD 16-02 and CJD 04-05 Regarding Court Appointed Counsel Amended Effective July 1, 2016

On Thursday, July 7, 2016, the Colorado State Judicial Branch announced the amendments of two Chief Justice Directives, both effective July 1, 2016. Chief Justice Directive 16-02, “Court Appointments Through the Office of Respondent Parents’ Counsel,” was amended to include an income eligibility guideline chart as Attachment B for parents who request appointment of respondent parents’ counsel based on indigency. The amendments to CJD 16-02 also include guidelines on the procedures for determination of indigency, and criteria for establishing indigency.

CJD 04-05, “Appointment and Payment Procedures for Court-appointed Counsel, Guardians ad litem, Child and Family Investigators, and Court Visitors paid by the Judicial Department in proceedings under Titles 12, 13, 14, 15, 19 (special respondents in dependency and neglect only), 22, 25.5, and 27, C.R.S.,” was amended to incorporate changes to the structure of the Office of Respondent Parents’ Counsel. On July 1, 2016, pursuant to legislation, the Office of Respondent Parents’ Counsel (ORPC) assumed responsibility for the contracts and payment for the attorneys with whom the ORPC contracts.  The State Court Administrator’s Office no longer has authority over RPC appointments. The revisions to the directive address payment procedures and remove provisions that dealt with policy and procedural matters related to respondent parent representation. Additionally, non-substantive formatting and organizational changes were made to the Directive.

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