November 23, 2014

Colorado Rules of Civil Procedure and Colorado Rules of Juvenile Procedure Amended

The Colorado Supreme Court announced Rule Change 2014(14), effective October 30, 2014, and 2014(15), effective November 1, 2014. Rule Change 2014(14) amends Rule 47, “Jurors,” of the Colorado Rules of Civil Procedure. Rule Change 2014(15) amends Rule 2.2, “Summons — Content and Service,” Rule 3, “Advisement,” and Rule 3.7, “Detention,” of the Colorado Rules of Juvenile Procedure, and it adds a new Rule 3.9, “Counsel.” The changes to the Rules of Juvenile Procedure coordinate with changes to the Colorado Revised Statutes pursuant to HB 14-1032.

C.R.C.P. 47(u), “Juror Questions,” was amended to clarify that juror questions will be reviewed with counsel for the parties outside the hearing of the jury, to permit jurors to ask follow up questions in writing, and to prohibit jurors from orally questioning any witness. The amendments specify that the court retains discretion to address juror questions or permit follow up questions. Click here for a redline of the changes to Rule 47.

The changes to the Rules of Juvenile Procedure are extensive. Rule 2.2 was amended to subdivide different types of juvenile proceedings and specify summons procedures for each type of proceeding. The changes to Rule 3 were relatively minor, adding language to clarify timing for the juvenile’s advisement and changing some wording. The changes to Rule 3.7 were much more extensive, detailing procedures for juvenile detention and court oversight of the detainer. New Rule 3.9, “Counsel,” deals with appointed counsel in juvenile delinquency proceedings, and includes provisions for appointment of counsel, waiver of counsel, and withdrawal of counsel. Click here for a redline of the changes to the Rules of Juvenile Procedure.

In addition to the rules changes, two Chief Justice Directives were amended to comply with HB 14-1032. The Colorado Supreme Court amended CJD 04-04 and added new CJD 14-01CJD 04-04 was amended to eliminate specified procedures related to the appointment of counsel in juvenile delinquency proceedings. CJD 14-01 was added to adopt new procedures for the appointment of defense counsel in juvenile delinquency proceedings. Both CJDs are effective November 1, 2014.

Tenth Circuit Announces Bankruptcy Judge Vacancy in District of Wyoming

The Tenth Circuit Court of Appeals announced a vacancy for a bankruptcy judge in the District of Wyoming. This position will open after February 28, 2015, and it will be officially located in Cheyenne, Wyoming. Bankruptcy judges are appointed to 14-year terms. The District of Wyoming has a relatively low bankruptcy caseload, so the selected judge will be expected to carry a partial caseload in the District of Colorado as well.

To qualify for appointment, applicants must be a member in good standing of the highest court in at least one state or the District of Columbia, and be a member in good standing of every other bar in which the applicant is a member; possess and demonstrate various qualifications of fitness for duty, including outstanding legal ability and competence, a commitment to equal justice under the law, judicial temperament, and sound physical and mental health; not be related by blood or marriage to any other judge on the Tenth Circuit, a member of the Judicial Council of the Tenth Circuit, or a judge of the District of Wyoming; and must have been engaged in the practice of law or similarly suitable occupation for five years.

Applications are available on the Tenth Circuit’s website, and may also be obtained by calling the Office of the Circuit Executive at (303) 844-2067 and requesting to speak to a member of the Judicial Resources team. Applications must be received on or before December 19, 2014, and should be submitted via email to hr@ca10.uscourts.gov or by mail to Office of the Circuit Executive, Byron White U.S. Courthouse, 1823 Stout St., Denver, CO 80257. For more information about the vacancy and required qualifications of applicants, click here.

 

Application Period Open for Grand County Court Vacancy

On Thursday, November 6, 2014, the Colorado State Judicial Branch announced a vacancy on the Grand County Court bench, effective January 13, 2015. The vacancy was created because Judge Ben McClelland was not retained by a majority of voters in the 2014 general election.

Eligible applicants for the vacancy must be qualified electors of Grand County and must have graduated high school or attained the equivalent of a high school education. Application forms are available from Justice Monica Marquez, the ex officio chair of the Fourteenth Judicial District Nominating Commission, and are also available from State Judicial’s website. Applications must be received by the ex officio chair no later than 4 p.m. on December 5, 2014. Anyone wishing to nominate another person for the judgeship must do so no later than 4 p.m. on November 28, 2014.

For more information about the judicial vacancy, click here.

Laura Tighe Appointed to First Judicial District Court Bench

On Wednesday, November 5, 2014, Governor Hickenlooper appointed Laura Tighe as district court judge in the First Judicial District, effective November 17, 2014. Tighe will fill a vacancy created by the retirement of Hon. Stephen Munsinger.

Tighe currently is a shareholder at Bayer & Carey, P.C., where she practices civil litigation and insurance defense, particularly catastrophic injuries, wrongful death, personal injury, ski law, property damage, fire losses, HOA disputes, construction defects, and more. She also serves as a mediator. She is a member of the Colorado Bar Association, Colorado Defense Lawyers Association, First Judicial District Bar Association, the Catholic Lawyers Guild, and the Defense Research Institute. She received her undergraduate degree from the University of Notre Dame in 1984 and her J.D. from the Creighton University School of Law in 1987.

For more information about the appointment, click here.

Colorado Appellate Rules Amended by Colorado Supreme Court

On October 17, 2014, the Colorado Supreme Court issued Rule Change 2014(13), amending the Colorado Appellate Rules. Four rules were amended: C.A.R. 3, “Appeal as of Right – How Taken”; C.A.R. 25, “Filing and Service”; C.A.R. 32, “Form of Briefs and Appellate Documents”; and C.A.R. 57, “Briefs – In General.”

In general, these rules were amended to change “shall” to “must” where applicable and change “papers” to “documents.” Several of the comments were removed from subsections of Rule 3, as well as references to specific caption requirements and requirements regarding transcripts. Description of magistrate review requirements was added to Rule 3.

Many of the changes to Rule 25 address the availability of electronic filing and specifications related to electronic files. Inmate filing procedures were also clarified. Rule 32 was amended to add information to the caption regarding the lower court. The sample captions in Rule 32 were also changed, and much language was deleted from the comment. In Rule 57, some dates were changed in accordance with the Rule of Seven. Specifications that briefs comply with the content and length requirements of Rule 28 and the form and service requirements of Rule 32 were added to Rule 57 as well.

For a redline of these changes to the Colorado Appellate Rules, click here. For all of the Colorado Supreme Court’s rule changes, click here.

Judge Philip James McNulty Named Chief Judge of First Judicial District

On Tuesday, October 21, Colorado Supreme Court Chief Justice Nancy Rice appointed Judge Philip James McNulty Chief Judge in the First Judicial District Court. McNulty’s appointment will be effective November 17, upon the retirement of current Chief Judge Stephen Munsinger.

Judge McNulty was appointed to the district court bench in the First Judicial District in 2008. Prior to his appointment, he was a municipal court judge for the City of Lakewood. McNulty was also a deputy district attorney for the First Judicial District from 1988 to 1996 and a deputy city attorney for the City of Lakewood from 1985 to 1988. He received his undergraduate degrees from Colorado State University and his law degree from the University of Denver.

Three nominees were announced this week for the impending vacancy on the First Judicial District Court bench due to Judge Munsinger’s retirement. The nominees are Todd E. Kastetter of Littleton, K.J. Moore of Littleton, and Laura A. Tighe of Golden. The governor has 15 days from October 20 in which to appoint one of the three nominees.

Comments regarding any of the nominees may be sent to gov_judicialappointments@state.co.us.

Notary Program Rules Amended by Secretary of State

On Tuesday, October 7, 2014, the Colorado Secretary of State gave notice of the permanent adoption of changes to the notary rules. The changes are extensive, including new requirements for exam-taking for new notaries and those subject to claims of misconduct; new guidelines for electronic notarization; requirements for notary trainers; and more. A redline of the changes is available here.

 

CJD 11-01 Amended Regarding e-Filing in Criminal Cases

The Colorado State Judicial Branch released Chief Justice Directive 11-01, “Directive Concerning Statewide Electronic Filing Standards,” on Monday, October 6, 2014. The CJD was signed and effective September 30, 2014, in anticipation of the criminal e-filing pilot project scheduled to begin October 6, 2014, in Pueblo.

The amendments to the Chief Justice Directive are meant to address specific issues that will arise in criminal e-filing. In addition, Appendix B was added to specify reasons why cases would be rejected for e-filing.

For the full text of CJD 11-01, click here. For all of the Colorado Supreme Court Chief Justice Directives, click here.

Comment Period Open for Changes to Colorado Rules of Judicial Discipline

The Colorado Supreme Court is seeking comments regarding proposed changes to the Colorado Rules of Judicial Discipline. The public comment period is now open, and will close at 4 p.m. on October 14, 2014. Comments should be submitted to Christopher Ryan, the clerk of the supreme court, at 2 E. 14th Ave., Denver, 80203.

The changes to the Rules are extensive. Several rules have been moved or deleted, including the rules on confidentiality, screening of complaints, investigation, discovery, and special masters. For a redline of the changes, click here.

For all of the Colorado Supreme Court’s adopted and proposed rule changes, click here.

New Rule of Criminal Procedure Added Regarding e-Filing

On Wednesday, September 24, 2014, the Colorado Supreme Court issued Rule Change 2014(12), adding new Rule 49.5, “Electronic Filing and Service System,” to the Colorado Rules of Criminal Procedure. The new rule is effective immediately.

The rule provides that e-filing and e-service may be used for criminal cases in Colorado as determined by the Colorado Supreme Court through Chief Justice Directives. The rule was added in anticipation of the criminal e-filing pilot program in Pueblo, scheduled to begin in October.

For the complete text of the new rule, click here. For all the Colorado Supreme Court’s rule changes, click here.

C.R.C.P. 26 and 121 Amended Regarding Privilege Claims in Discovery and Motions to Reconsider

The Colorado Supreme Court released Rule Change 2014(11) on Monday, September 22, 2014. Rule Change 2014(11) creates a new subparagraph (B) in C.R.C.P. 26(b)(5), which addresses claims of privilege for information inadvertently disclosed during discovery, as follows:

(B) If information produced in disclosures or discovery is subject to a claim of privilege or of protection as trial-preparation material, the party making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must not review, use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and shall give notice to the party making the claim within 14 days if it contests the claim. If the claim is not contested within the 14-day period, or is timely contested but resolved in favor of the party claiming privilege or protection of trial-preparation material, then the receiving party must also promptly return, sequester, or destroy the specified information and any copies that the receiving party has. If the claim is contested, the party making the claim shall within 14 days after receiving such notice present the information to the court under seal for a determination of the claim, or the claim is waived. The producing party must preserve the information until the claim is resolved, and bears the burden of proving the basis of the claim and that the claim was not waived. All notices under this rule shall be in writing.

Rule Change 2014(11) changed C.R.C.P. 121, § 1-15, to add a new subparagraph 11:

11. Motions to Reconsider. Motions to reconsider interlocutory orders of the court, meaning motions to reconsider other than those governed by C.R.C.P. 59 or 60, are disfavored. A party moving to reconsider must show more than a disagreement with the court’s decision. Such a motion must allege a manifest error of fact or law that clearly mandates a different result or other circumstance resulting in manifest injustice. The motion shall be filed within 14 days from the date of the order, unless the party seeking reconsideration shows good cause for not filing within that time. Good cause for not filing within 14 days from the date of the order includes newly available material evidence and an intervening change in the governing legal standard. The court may deny the motion before receiving a responsive brief under paragraph 1(b) of this standard

The committee comment to Rule 121, § 1-15, was amended as well to clarify the limits of subparagraph 11.

Rule 411, “Appeals,” was amended to allow the clerk to certify records.

For the full text of the rule change, click here. For all of the Colorado Supreme Court’s rule changes, click here.

CJD 08-02 Amended Regarding Cost Recovery Fees for Electronic Access to Court Records

On September 11, 2014, the Colorado Supreme Court amended CJD 08-02, “Directive Concerning Assessment of Cost Recovery Fees for Maintaining the Technical Infrastructure Necessary to Support Electronic Access to Court Records.” The changes to CJD 08-02 are effective October 1, 2014.

The changes to CJD 08-02 affect criminal e-filing fees and e-service fees. The changes were made in preparation for the launch of the pilot criminal e-filing system in Pueblo on October 6, 2014.

For the full text of CJD 08-02, click here. For all the Chief Justice Dirctives, click here.