May 27, 2016

Carl S. McGuire, III, Appointed to 13th Judicial District Court

McGuire (Formatted)On Tuesday, May 24, 2016, Governor Hickenlooper appointed Carl S. McGuire, III, to the Thirteenth Judicial District Court. McGuire will fill a vacancy created by the retirement of Hon. Douglas R. Vannoy, effective July 1, 2016.

McGuire is currently a magistrate judge in the Thirteenth Judicial District, where he mostly hears domestic relations cases. He is also a judge on the Washington County Court bench. He was appointed to the Washington County Court in November 2004, where he presides over a docket of traffic misdemeanor, traffic infraction, criminal misdemeanor, and civil cases. Prior to his appointments to the bench, McGuire was a member of the U.S. Navy JAG Corps. He also has been a municipal court judge, an attorney in private practice for the towns of Wiggins, Hillrose, Akron, Iliff, Log Lane Village, and Fleming, and worked at Brandenburg & McGuire, P.C. and the Law Office of Carl S. McGuire III. He received his undergraduate degree from Colorado State University and his law degree from University of Wyoming College of Law.

For more information about the appointment, click here.

Formal Ethics Opinion 95, “Funds of Missing Clients,” Withdrawn

The Colorado Bar Association Ethics Committee withdrew Formal Opinion 95, “Funds of Missing Clients.” This opinion addressed what to do with funds that were held in a lawyer’s trust account but the client’s whereabouts were no longer known to the attorney. The opinion recommended obtaining an advance agreement from the client to donate unclaimed funds, or to allow the lawyer to withdraw small amounts of the funds to use in locating the client, or to proceed under the Unclaimed Property Act. The opinion was withdrawn on Saturday, May 21, 2016.

Jaclyn Casey Brown Appointed to 17th Judicial District Court

JaclynCaseyBrownOn Thursday, May 19, 2016, the governor’s office announced the appointment of Jaclyn Casey Brown to the District Court Bench in and for the Seventeenth Judicial District. Brown will fill a vacancy created by the retirement of Hon. C. Scott Crabtree, effective July 1, 2016.

Brown is currently a partner at Lewis Roca Rothgerber Christie in Denver, where she practices in the real estate and business litigation groups with an emphasis on commercial and complex civil litigation involving business entities ‎of various size. Brown is a member of the Colorado, Denver, American, and Colorado Women’s bar associations; a member of the Faculty of Federal Advocates; a Colorado Bar Foundation Fellow; and is active on many boards and committees. Brown received her undergraduate degree from the University of Colorado, summa cum laude, and her law degree from Washington University in Saint Louis School of Law, where she was in the Order of the Coif.

For more information on the appointment, click here.

Finalists Selected for 17th Judicial District Court Vacancy

On Tuesday, May 3, 2016, the Seventeenth Judicial District Nominating Commission announced its May 2 selection of three finalists to fill an upcoming vacancy on the Seventeenth Judicial District Court, occasioned by the retirement of Hon. C. Scott Crabtree on July 1, 2016. The three nominees are  Jaclyn Casey Brown of Westminster, Tomee Crespin of Thornton, and Sharon Holbrook of Broomfield.

Jaclyn Casey Brown is currently a partner at Lewis Roca Rothgerber Christie in Denver, where she practices commercial and complex civil litigation involving business entities ‎of various sizes in the real estate and business practice groups. Tomee Crespin is a solo practitioner at the Law Office of Tomee Crespin, where she practices criminal and family law litigation and participates in truancy court matters. Sharon Holbrook is a magistrate in the Seventeenth Judicial District, where she is  is assigned to the juvenile division, and has also completed rotations in the domestic, criminal, and civil divisions.

Under the Colorado Constitution, the governor has 15 days from May 3, 2016, in which to appoint one of the nominees to the district court. Comments regarding any of the nominees may be emailed to the governor at gov_judicialappointments@state.co.us. For more information about the nominees, click here.

Ben Leutwyler and Robert Lung Appointed to 18th Judicial District Court

On Friday, April 29, 2016, Governor Hickenlooper appointed Ben Leutwyler and Robert Lung to the Eighteenth Judicial District Court. Leutwyler and Lung will fill vacancies created by the retirement of Hon. Richard Caschette and Hon. Marilyn Antrim, effective July 1, 2016.

Ben Leutwyler is currently a district court magistrate in the Eighteenth Judicial District, where he presides over a domestic relations docket. Prior to his work as magistrate, Leutwyler was a partner at Mike Hulen, PC, where he practiced criminal defense, personal injury, family law, and trust and estate law. He received his undergraduate degree from the University of Iowa and his law degree from Georgia State University College of Law.

Robert Lung is also currently a district court magistrate in the Eighteenth Judicial District, where he presides over dependency and neglect and probate cases. Lung has also been an assistant magistrate for the City of Lone Tree, Assistant City & County Attorney for Broomfield, and a Deputy District Attorney for the Eighteenth Judicial District. He received his undergraduate degree from Regis University and his law degree from the University of Dayton School of Law.

For more information about the appointments, click here.

Diego Hunt Appointed to 1st Judicial District Court

Hunt_DiegoOn Wednesday, April 27, 2016, the governor’s office announced the appointment of Diego Hunt to the First Judicial District Court. Hunt will fill a vacancy created by the retirement of Hon. Christopher Munch, effective June 1, 2016.

Hunt is currently Of Counsel at Holland & Hart, where he focuses his litigation practice on complex domestic and international products liability and torts disputes. He also represents clients involved in governmental compliance audits and investigations and government contract disputes, including litigation and state and federal bid protests. Hunt is a member of the Colorado Hispanic Bar Association, the Hispanic National Bar Association, the Advisory Committee on Language Access for the Office of the Colorado State Court Administrator, and is a board member for the Faculty of Federal Advocates. He received his undergraduate degree from the University of Florida and his law degree from the University of Denver College of Law.

For more information about the appointment, click here.

Hon. David A. Bottger to Retire from 21st Judicial District Court

On Thursday, April 14, 2016, the Colorado State Judicial Branch announced the retirement of Hon. David A. Bottger of the Twenty-First Judicial District Court, effective August 12, 2016.

Judge Bottger was appointed to the district court bench in 1987, and was appointed Chief Judge of the Twenty-First Judicial District Court in 2005. Prior to his appointment, Judge Bottger was Mesa County’s first magistrate, where he served from 1983 to 1987. He was in private practice from 1977 to 1983 and also served as a law clerk for Colorado Supreme Court Justice Lee. He is a member of the Colorado and Mesa County bar associations. Judge Bottger received his undergraduate degree from Ohio Northern and his law degree from Notre Dame University School of Law.

Applications are now being accepted for the upcoming vacancy. Eligible applicants must be qualified electors of the twenty-first judicial district and must have been licensed 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 Twenty-First Judicial District Nominating Commission, Justice Allison H. Eid. Application forms must be received no later than 4 p.m. on May 18, 2016, and anyone wishing to nominate another must do so no later than 4 p.m. on May 11, 2016.

For more information about the vacancy, click here.

Jay Grant and Jennifer Torrington Appointed to Denver District Court

On Thursday, April 14, 2016, Governor Hickenlooper’s office announced his appointment of Jay Grant and Jennifer Torrington to the Second Judicial District Court. Grant and Torrington will fill vacancies created by the retirement of Hon. R. Michael Mullins and the resignation of Hon. Ann B. Frick, effective July 1, 2016.

Jay Grant is currently a lead attorney in the Denver office of the Colorado State Public Defender. He previously was an attorney at Stiner, Beck, Jonson & Nolan, where he practiced criminal defense and family law, and was an attorney at Cudd & Associates, where he practiced securities law. He received his undergraduate degree from New Mexico State University in 1989, a Master’s Degree in History from New Mexico State University in 1992, and his J.D. from Oklahoma City University in 1997.

Jennifer Torrington is currently a magistrate in the Denver District Court where she oversees post-decree domestic relations cases. Prior to her work on the Denver District Court, Torrington was a magistrate for the Denver Juvenile Court from 2004 to 2015. She received her undergraduate degree from the University of Arizona in 1993 and her J.D. from the University of Colorado School of law in 1999.

For more information about the appointments, click here.

Andrea Eddy and Chelsea Malone Appointed as Denver County Court Judges

On Thursday, April 14, 2016, Denver Mayor Michael Hancock announced his appointments of Andrea Eddy and Chelsea Malone to the bench of the Denver County Court. Eddy and Malone will fill vacancies created by the retirements of Hon. Alfred Harrell and Hon. Kerry Hada, and the appointments will be effective the first week of July 2016.

Eddy is currently a Denver County Court magistrate. Prior to her work on the Denver County Court, Eddy was a Senior Deputy District Attorney in the Denver District Attorney’s Office. She is a member of the Colorado Women’s Bar Association and the Colorado GLBT Bar Association.

Malone is currently a solo practitioner at the Law Offices of Chelsea Malone and Of Counsel to the Law Offices of Fred Andrew Dunsing. Previously, Malone served as a Deputy State Public Defender. She is a member of the Colorado Criminal Defense Bar, Colorado Women’s Bar Association, and the Asian Pacific American Bar Association.

For more information about the appointments, click here.

Six Finalists Selected for Two Vacancies on 18th Judicial District Court

On Wednesday, April 13, 2016, the Colorado State Judicial Branch announced the selection of six nominees to fill two vacancies on the Eighteenth Judicial District Court. The vacancies will be occasioned by the retirements of Hon. Richard Caschette and Hon. Marilyn Antrim, effective July 1, 2016. The nominees are Andrew C. Baum of Highlands Ranch, Richard H. Ferro of Centennial, Ben L. Leutwyler, III, of Highlands Ranch, Robert Lung of Parker, Michael W. Melito of Littleton, and Eric B. White of Centennial.

Andrew C. Baum is a prosecutor at the Denver District Attorney’s Office. Richard H. Ferro is an attorney in the state Medicaid Fraud Control Unit. Ben L. Leutwyler, III, is a partner at Mike Hulen, P.C., where he practices personal injury, criminal defense, family law, and estate planning. Robert Lung is an Arapahoe County Magistrate. Michael W. Melito is a Senior Assistant Attorney General. Eric B. White is also an Arapahoe County Magistrate.

Under the Colorado Constitution, the governor has 15 days from April 13, 2016, in which to appoint two of the nominees to the Eighteenth Judicial District Court. Comments regarding any of the nominees may be sent to the governor at gov_judicialappointments@state.co.us. For more information about the nominees, click here.

Nominees Selected for First Judicial District Court Vacancy

On Tuesday, April 12, 2016, the Colorado State Judicial Branch announced the selection of three nominees to fill a vacancy on the First Judicial District Court. The vacancy will be created by the retirement of Hon. Christopher Munch, effective June 1, 2016. The nominees selected by the First Judicial District Nominating Commission are Diego G. Hunt of Golden, Miller M. Leonard of Arvada, and Harold D. Sargent of Lakewood.

Diego G. Hunt is Of Counsel at Holland & Hart, where he represents parties in complex domestic and international products liability and torts litigation. Miller Leonard operates his own criminal defense firm in Golden, where he represents clients in federal, state, and municipal court. Harold D. Sargent is an attorney with the 1st Judicial District Attorney’s Office.

Under the Colorado Constitution, the governor has 15 days from April 12, 2016, in which to appoint one of the nominees to the First Judicial District Court. Comments regarding any of the nominees may be emailed to the governor at gov_judicialappointments@state.co.us. For more information about the nominees, click here.

Colorado Supreme Court Adopts Changes to Colorado Rules of Professional Conduct, Colorado Appellate Rules

The Colorado Supreme Court adopted Rule Change 2016(04), 2016(05), and 2016(06) last week, approving changes to the Colorado Rules of Professional Conduct and the Colorado Appellate Rules.

Rule Change 2016(04), adopted and effective April 6, 2016, enacts substantial changes to the Colorado Rules of Professional Conduct. Many of the changes were to the Comments to the Rules, and language was added to many comments about lawyers contracting outside their own firms to provide legal assistance to the client. Additionally, a new model pro bono policy was added to the Comment to Rule 6.1. The changes are extensive; a redline and clean version is available here.

Rule Change 2016(05) amended Rules 35, 40, 41, 41.1, and 42 of the Colorado Appellate Rules, adopted and effective April 7, 2016. The changes to the affected rules were extensive, and the Comments to those rules generally explain the changes. Rule 41.1 was deleted and incorporated into Rule 41. A redline and clean version of the rule change is available here.

Rule Change 2016(06), adopted and effective April 7, 2016, amended the Preamble to the Rules Governing the Practice of Law, Chapters 18 to 20 of the Colorado Rules of Civil Procedure. The Preamble addresses the Colorado Supreme Court’s exclusive jurisdiction and its ability to appoint directors of certain legal programs to assist the court. The Preamble also sets forth the court’s objectives in regulating the practice of law. A clean version of the newly adopted Preamble is available here.

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