July 26, 2014

Robert Campbell Duthie, III, Appointed to Sixth Judicial District Nominating Commission

On Monday, July 21, 2014, the governor’s office announced the appointment of Robert Campbell Duthie, III, to the Judicial Nominating Commission for the Sixth Judicial District, encompassing Archuleta, La Plata, and San Juan counties. Duthie is an attorney in private practice in Durango, handling criminal, civil, and business matters. He was appointed as an attorney and a Democrat from La Plata County for a term expiring December 31, 2019.

Each of Colorado’s 22 judicial districts has a judicial nominating commission, which reviews applicants for judicial vacancies and selects nominees for the governor’s consideration. Judicial district nominating commissions are comprised of seven members, no more than three of whom can be attorneys and no more than four of whom can be from the same political party. For more information on judicial nominating commissions, click here.

Hon. David R. Gloss to Retire from Gilpin County Court

On Monday, July 7, 2014, the Colorado State Judicial Branch announced the retirement on Hon. David R. Gloss of the Gilpin County Court in the First Judicial District, effective January 13, 2015.

Judge Gloss was appointed to the county court bench in 2011. Prior to his appointment, he was in private practice, focusing on dependency and neglect and truancy issues. He has also worked as an associate at Albert E. Anderson, P.C. and as a deputy district attorney in the Fourteenth Judicial District. He was admitted to practice law in Colorado in 1986.

Applications are now being accepted for the vacancy. Eligible applicants must be qualified electors of Gilpin County and must have graduated high school or achieved the equivalent of a high school diploma. Applications are available from Justice Nathan Coats, the ex officio chair of the First Judicial District Nominating Commission, and are also available on the State Judicial website. Applications are due no later than 4 p.m. on August 13, 2014. Anyone wishing to nominate another person must do so no later than 4 p.m. on August 6, 2014.

For more information about the vacancy, click here.

Appendix A of CJD 05-03 Amended to Reflect New Rates

On Tuesday, July 1, 2014, the Colorado State Judicial Branch released amended Chief Justice Directive 05-03. The changes to the Chief Justice Directive amend the rates for court reporting and recording services. CJD 05-03 was amended in May as well, to reflect current administrative practices, revise certification requirements for reporters, and address grand jury responsibilities.

Click here for CJD 05-03 and click here for all the Chief Justice Directives.

 

Water Court Rules 6 and 11 Amended by Colorado Supreme Court

On Tuesday, July 1, 2014, the Colorado Supreme Court issued Rule Change 2014(10), amending the Uniform Local Rules for All State Water Court Divisions. This rule change amended Rules 6 and 11 of the Water Court Rules.

Many of the changes to Rule 6, “Referral to Referee, Case Management, Rulings, and Decrees,” addressed the responsibilities of the division engineer. A Committee Comment was added to the rule also, to explain that the rule change clarified the role of the division engineer and to ensure that the division engineer’s participation is meaningful and significant.

Rule 11, “Pre-Trial Procedure, Case Management, Disclosure, and Simplification of Issues,” discusses discovery during meetings of experts. The timeline for filing pretrial motions was decreased from 91 days to 84 days. A Committee Comment was added to this rule as well, explaining the discovery provisions and the reason for shortening the timeline.

For a redline of the changes to Rules 6 and 11, click here.

Rules Governing Admission to the Bar Amended by Colorado Supreme Court

On Tuesday, July 1, 2014, the Colorado Supreme Court issued Rule Change 2014(09), amending the Rules Governing Admission to the Bar. The changes were significant, repealing and reenacting Rules 201 through 226.5. All of the rule changes are effective September 1, 2014, except the changes to Rule 203.2 regarding pro hac vice admissions. Rule 203.2 is effective July 1, 2014.

For a PDF of the new rules, click here.

Hon. Charles Greenacre and Hon. James Schum to Retire from Seventh Judicial District Court

The Colorado State Judicial Branch announced the retirement of two judges on the district court bench for the Seventh Judicial District, Hon. Charles Greenacre and Hon. James Schum. Both vacancies will occur on January 13, 2015.

Judge Greenacre was appointed to the Seventh Judicial District Court in May 2000. Prior to his appointment, he was a Montrose County Judge from December 1994 through May 2000. His docket includes criminal, civil, probate, mental health, juvenile, and domestic relations cases. He was also the first presiding judge of the drug court in the Seventh Judicial District.

Judge Schum was appointed to the district court bench in the Seventh Judicial District in July 2005. Prior to his appointment, he was a combined court magistrate since 1996, handling all types of cases for both county and district court. He also had a private practice in Delta County.

Eligible applicants for the vacancies must be qualified electors of the Seventh Judicial District and must have been admitted to practice law in Colorado for five years. Application forms are available from the ex officio chair of the Seventh Judicial District Nominating Commission, Justice Allison Eid, and are also available on State Judicial’s website. The original signed application and an identical electronic PDF copy must be filed with Justice Eid no later than 4 p.m. on July 31, 2014. Anyone wishing to nominate another person must do so no later than 4 p.m. on July 24, 2014.

More information about the vacancy and contact information for members of the nominating commission may be found here.

Colorado Appellate Rules Amended by Colorado Supreme Court

On Wednesday, June 25, 2014, the Colorado State Judicial Branch announced Rule Change 2014(08), amending several of the Colorado Appellate Rules. The rule change was adopted June 23, 2014, effective immediately.

Most of the changes to the Colorado Appellate Rules were minor, including typographical corrections and changes to reflect current procedures regarding filing practices. Some changes amended the Rules to reflect Rule of 7 changes.

For the full text of the rule change, click here.

Garen Drew Gervey of Sterling Appointed to 13th Judicial District Nominating Commission

On Wednesday, June 25, 2014, the governor’s office announced Governor Hickenlooper’s appointment of Garen Drew Gervey of Sterling to the Judicial Nominating Commission for the Thirteenth Judicial District. Each of Colorado’s 22 judicial districts has a nominating commission that evaluates candidates for judicial vacancies and recommends nominees for the governor to appoint.

Members of the nominating commission are appointed for six year terms. Nominating commissions for most judicial districts comprise four non-attorneys and three attorneys, no more than four of which can have the same political affiliation. Gervey was appointed to serve as an unaffiliated attorney. For more information about the appointment, click here.

Hon. James Denvir to Retire from Archuleta County Court

On Monday, June 23, 2014, the Colorado State Judicial Branch announced the retirement of Hon. James E. Denvir of the Archuleta County Court, effective January 13, 2015.

Judge Denvir was appointed to the Archuleta County Court bench in Pagosa Springs in 1995. He presides over a criminal and civil docket. He also provides arbitration and mediation services for civil disputes through a private practice. Prior to his appointment, Judge Denvir worked for California Rural Legal Assistance; as an administrative law judge in Sacramento, California; and in solo practice in Pagosa Springs. He received his undergraduate degree from Notre Dame in 1969 and his juris doctorate in 1973 from the University of Southern California Law Center.

Applications are being accepted for the vacancy. Eligible applicants must have earned a high school diploma or equivalent and must be qualified electors of Archuleta County. Application forms are available on the State Judicial website and also from Justice Brian Boatright, the ex officio chair of the Sixth Judicial District Nominating Commission. The original signed application must be filed with the ex officio chair no later than 4 p.m. on July 30, 2014. Anyone wishing to nominate another person must do so no later than 4 p.m. on July 23, 2014.

For more information about the vacancy and for contact information for members of the nominating commission, click here.

Hon. Victor Reyes to Retire from Tenth Judicial District Court Bench

On Monday, June 23, 2014, the Colorado State Judicial Branch announced the retirement of Hon. Victor Reyes of the Tenth Judicial District Court in Pueblo County, effective December 31, 2014.

Judge Reyes was appointed to the district court in 1998, where his docket includes domestic, juvenile, criminal, civil, and probate matters. Prior to his appointment, he was a public defender for 14 years. He also is on the faculty of the National Judicial Institute on Domestic Violence sponsored by the National Council of Juvenile and Family Court Judges. He received his undergraduate degree from Emory University and his J.D. from Georgetown University.

Applications are being accepted for the vacancy. Eligible applicants must be qualified electors of the Tenth Judicial District and must have been admitted to practice law in Colorado for five years. Application forms are available on the State Judicial website, and are also available from the ex officio chair of the nominating, Justice William Hood. An original signed application and an identical PDF must be filed with the ex officio chair no later than 4 p.m. on July 29, 2014. Anyone wishing to nominate another person must do so no later than 4 p.m. on July 22.

For more information on the vacancy, and for contact information for the nominating commission members, click here.

Hon. Vincent R. White to Retire from 18th Judicial District Bench

On Thursday, June 19, 2014, the Colorado State Judicial Branch announced the retirement of Hon. Vincent R. White of the Eighteenth Judicial District Court bench, effective January 13, 2015. Judge White has been on the district court bench in the 18th Judicial District since 2005. He also continues to serve as a Lt. Colonel in the Air Force Reserve, where he litigates employment claims. He earned his bachelor’s degree from North Carolina State University in 1986 and his J.D. from North Carolina Central University School of Law in 1990.

The Eighteenth Judicial District Nominating Commission is accepting applications for the vacancy. Application forms are available from the ex officio chair of the nominating commission, Justice Monica Marquez, and are also available from the State Judicial website. The original signed application, along with an identical electronic copy in PDF format, must be submitted to Justice Marquez no later than 4 p.m. on August 4, 2014. Anyone wishing to nominate another person must do so no later than 4 p.m. on July 28, 2014.

For more information about the vacancy and for contact information for members of the Eighteenth Judicial District Nominating Commission, click here.

Colo. RPC 1.15 Concerning Fees and Trust Accounts Repealed and Reenacted as Five New Rules

On Wednesday, June 18, 2014, the Colorado Supreme Court released Rule Change 2014(07), which repealed Colo. RPC 1.15 and reenacted it as Colo. RPC 1.15A, 1.15B, 1.15C, 1.15D, and 1.15E. The rule change was signed on June 17, 2014 and is effective immediately.

Colo. RPC 1.15A, “General Duties of Lawyers Regarding Property of Clients and Third Parties,” sets forth rules regarding client property and accountings. Rule 1.15A mostly tracks the language of subsections (a) through (c) of former Rule 1.15, and adds that the provisions of 1.15B through 1.15E apply to all funds or property held or maintained by the lawyer.

Colo. RPC 1.15B, “Account Requirements,” makes significant changes to subsections (d) through (h) of former Rule 1.15. Rule 1.15B sets forth requirements for COLTAF and other accounts in which to maintain client funds, and specifies practical procedures for paying account fees and dispersing interest.

Colo. RPC 1.15C, “Use of Trust Accounts,” rearranges the management provisions previously contained in 1.15(i) and increases the rule’s readability.

Colo. RPC 1.15D, “Required Records,” establishes recordkeeping requirements for client property. Some of the provisions from former 1.15(d) through (h) regarding recordkeeping procedures were moved to Rule 1.15D, and the language of former 1.15(j) through (m) is also incorporated where appropriate.

Colo. 1.15E, “Approved Institutions,” lists requirements for financial institutions housing trust accounts and defines acceptable forms of accounts. Rule 1.15E is expanded from former 1.15(e)(3), and many provisions were added regarding the financial institutions.

For the full text of new Rules 1.15A through 1.15E, click here. For all of the Colorado Supreme Court’s rules changes, click here.