June 19, 2013

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U.S. District Court for the District of Colorado Seeks Attorneys for Civil Case Pro Bono Panel

June 19, 2013 by Leave a Comment

The United States District Court for the District of Colorado announced formal adoption of a pilot program that creates a panel of attorneys who agree to accept pro bono appointments to represent pro se litigants of limited financial means in civil cases before the court. Common case types include employment discrimination, Social Security disability appeals, prisoner’s rights (§ 1983 or Bivens), civil rights, and consumer rights/credit reporting/foreclosure cases. Attorneys can choose which types of cases they are willing to take. Appointment orders to members of the Panel will begin July 1, 2013.

The court is seeking applicants to the Civil Pro Bono Panel — attorneys, law firms, and clinical legal education programs at law schools — that are willing to accept appointments in these cases. The Application Form is attached to the end of the Civil Pro Bono Pilot Program Plan. Interested attorneys may submit a completed application either by mail to the Clerk of the Court, United States District Court, Attn: Edward Butler, Legal Officer, Alfred A. Arraj U.S. Courthouse Annex, 901 19th Street, Denver, Colorado 80294; or may submit the application by e-mail to: COD_ProBonoPanel@cod.uscourts.gov.

As a means to reimburse attorneys who accept cases as volunteers, the Pilot Program includes provisions for the Faculty of Federal Advocates (FFA) to manage the reimbursement of expenses, funded in part by grants to the FFA from the court. Funding for the grants will derive from an increase in attorney admission fees and a one-time renewal fee for current members of the Bar. Reimbursement of expenses is not guaranteed.

Members of the U.S. District Court Bar may submit payment of the one-time $50 renewal fee and completion of the Court’s Renewal Application Packet beginning July 15, 2013. Additionally, the attorney admissions fee increase to $211 from $186 will commence on that date. Check the U.S. District Court website for more information regarding completion of the Renewal Application Packet (Renewal materials and payment of the fee will be completed electronically through the website). All members of the U.S. District Court Bar are expected to pay the renewal fee by August 15, 2013.

 

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Colorado Rules of Civil and County Court Civil Procedure Amended by Supreme Court

June 16, 2013 by Leave a Comment

On Friday, June 14, 2013, the Colorado Supreme Court issued Rule Change 2013(07), approved and effective June 7, 2013. The rule change enumerates changes to Rules 103 and 121 of the Colorado Rules of Civil Procedure, and Rules 403 and 411 of the Colorado Rules of County Court Civil Procedure.

The changes to C.R.C.P. 103 and County Court Rule 403 concern court orders on writs of garnishment. Language was added to both rules to clarify that judgment debtors may pay their indebtedness to pro se judgment creditors into the registry of the court, while they should forward their payment to the attorneys or collection agencies representing judgment creditors if the judgment creditors are represented.

C.R.C.P. 121, § 1-15, “Determination of Motions,” was amended to add language to subsection 10 excepting orders requiring the signatures of parties as required by rule or statute to the rule about proposed orders.

County Court Rule 411, “Appeals,” was amended to revise the language about lodging the record with the clerk so that it now must be filed 42 days after the filing of the notice of appeal. Previously, the language said that it must be filed 42 days after the judgment.

For a complete list of the Colorado Supreme Court’s 2013 rules changes, click here.

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Justice Nancy Rice Designated Next Colorado Supreme Court Chief Justice; Judge Alan Loeb Will Become Chief Judge of Colorado Court of Appeals

June 7, 2013 by Leave a Comment

On Thursday, June 6, 2013, the Colorado Supreme Court announced that Justice Nancy Rice will become the next Chief Justice when current Chief Justice Michael Bender retires on January 7, 2014. Chief Justice Bender will be required to retire on January 7, 2014, because it is his 72nd birthday, and under the Colorado Constitution, all state judges and justices must retire by age 72.

Justice Rice was selected by the other members of the Colorado Supreme Court, and will work side-by-side with Chief Justice Bender for the next several months in order to ensure an efficient transition. Justice Rice was appointed to the Colorado Supreme Court in 1998, and prior to that was a judge on the Denver District Court bench. She has also served as a U.S. Attorney and a Public Defender.

The Colorado Supreme Court announced on Friday, June 7, 2013, that Judge Alan Loeb has been designated the next Chief Judge of the Colorado Court of Appeals. In May, current Chief Judge Janice Davidson announced her retirement, effective October 1, 2013, and the two judges will work together for the next several months in order to facilitate a smooth transition in leadership in the Court of Appeals.

Judge Loeb has served on the Court of Appeals since 2003. Prior to that, he had practiced with Davis, Graham & Stubbs, LLP since 1971. He is a Colorado native, and he graduated from East High School in 1964. He received his undergraduate degree from Stanford University and his law degree from the University of Michigan Law School.

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Judge Janice B. Davidson to Retire from Colorado Court of Appeals

May 23, 2013 by Leave a Comment

Davidson,JaniceChief Judge Janice B. Davidson of the Colorado Court of Appeals will be retiring, effective October 1, 2013. Judge Davidson has been on the Court of Appeals bench since 1988, and has been Chief Judge since 2003.

Judge Davidson received her law degree from the University of Pennsylvania School of Law in 1969, and was an appellate attorney for the New York Legal Aid Society from 1969 to 1971. She then moved to Colorado, and was a Colorado State Public Defender from 1971 to 1973. She continued in public interest law by working, and worked with the Attorney General’s office for nine years prior to her appointment to the Denver County Court bench in 1985. She is the managing editor for CBA-CLE’s Colorado Appellate Handbook, and is a frequent presenter at CLE programs.

The Supreme Court nominating commission will meet on August 13 and 14, 2013, to interview applicants and select nominees for appointment by the governor. Eligible applicants must have been licensed to practice law in Colorado for the past five years and must be qualified electors in the State of Colorado.

Applications are due to Chief Justice Michael Bender, ex officio chair of the nominating commission, no later than 4 p.m. on Thursday, July 11, 2013. Applications must be submitted electronically. Additional information regarding the application process may be found here, and contact information for the members of the nominating commission is available on the State Judicial website.

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Changes to Colorado Rules of Civil and Criminal Procedure Issued by Supreme Court

May 23, 2013 by Leave a Comment

On Wednesday, May 22, 2013, the Colorado Supreme Court announced changes to the Colorado Rules of Civil Procedure and the Colorado Rules of Criminal Procedure. Rule Change 2013(05) amends Rules 17 and 24 of the Rules of Criminal Procedure. Rule Change 2013(06) creates a new Rule 255 of the Rules of Civil Procedure regarding the Attorney Mentoring Program.

The changes to the Crim. P. rules are minor; a statute is updated in Rule 17, and Rule 24 specifies that there must be at least one alternate juror for cases charging Class 1, 2, or 3 felonies or cases implicating C.R.S. § 24-4.1-302(1) if requested by the defendant or the prosecution.

The addition of C.R.C.P. 255 recognizes the new Colorado Attorney Mentoring Program (CAMP), designed to help foster development of new lawyers or lawyers transitioning from civil service to private practice. The rule change details the goals of the program, discusses the services provided by CAMP, outlines responsibilities and necessary qualifications of the CAMP director, and discusses powers and duties of the CAMP director. As reported by Legal Connection, John T. Baker will be the first CAMP director.

For a complete list of the Supreme Court rule changes, and for more information about Rule Change 2013(05) and 2013(06), click here.

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Finalists Selected for Fifth and Ninth Judicial District Court Bench

May 22, 2013 by Leave a Comment

Finalists have been selected by the nominating commissions for the Fifth and Ninth Judicial Districts to fill district court judgeships created by HB 13-1035, effective July 1, 2013. Nominees for the Ninth Judicial District Court were selected on May 17, 2013, and nominees for the Fifth Judicial District Court were selected on May 20, 2013. Governor Hickenlooper has 15 days after receiving the nominations to select one of the candidates; if he fails to do so within that time, the Chief Justice of the Colorado Supreme Court will select a nominee.

The nominees for the Ninth Judicial District Court are John Neiley of Glenwood Springs, Scott Turner of Glenwood Springs, and Colleen Scissors of Basalt. Contact information for the nominees may be found on the State Judicial website. The Ninth Judicial District comprises Garfield, Pitkin, and Rio Blanco counties.

The nominees for the Fifth Judical District Court are Paul Dunkelman of Silverthorne, Courtney Holm of Edwards, and Dewey (Wayne) Patton of Leadville. Contact information for these nominees is also available on the State Judicial website. Clear Creek, Eagle, Lake, and Summit counties make up the Fifth Judicial District.

Anyone wishing to submit comments regarding the nominees may send them to the governor via email.

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Hon. Roxanne Bailin, Chief Judge of Twentieth Judicial District, to Retire in August

May 20, 2013 by Leave a Comment

BailinRoxanneThe Colorado State Judicial Branch announced last week that Chief Judge Roxanne Bailin of the Twentieth Judicial District will retire, effective August 31, 2013. Judge Bailin was appointed to the Twentieth Judicial District Bench in 1986 after four years as a Boulder County Judge. She has been chief judge since 1998. As a chief judge, Judge Bailin oversees the administration of the courts and probation, in addition to performing her duties as District Court Judge. She is a frequent presenter at CLE programs.

The Twentieth Judicial District nominating commission will meet on July 8, 2013, to interview applicants and select nominees for the judgeship. Applicants must have been admitted to practice law in Colorado for five years, and must be qualified electors of the Twentieth Judicial District. Application forms are available on State Judicial’s website or from the ex officio chair of the nominating commission, Justice Brian Boatright.

Applications must be submitted electronically to Justice Boatright no later than 4 p.m. on Wednesday, June 19, 2013. Any person wishing to suggest a candidate for the vacancy must submit a letter to the nominating commission, with a copy to Justice Boatright, no later than 4 p.m. on Wednesday, June 12. Contact information for the members of the nominating commission may be found on State Judicial’s website. For more information about the vacancy, click here.

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Honorable Jane A. Tidball to Retire from First Judicial District Bench

May 14, 2013 by Leave a Comment

TidballOn Monday, May 13, 2013, the Colorado State Judicial Branch announced that the Honorable Jane A. Tidball will retire from the First Judicial District court bench, effective July 31, 2013. The First Judicial District Nominating Commission will meet on June 28, 2013, to interview applicants and select nominees for appointment to the bench.

Judge Tidball was appointed to the First Judicial District Court in 1998. Prior to that, she was a District Court Magistrate in the Twentieth Judicial District. She also serves on the Colorado Supreme Court Civil Rules Committee, has written several legal articles, and has spoken at CLE programs.

Applicants for the vacancy must have been admitted to practice law in Colorado for five years, and must be qualified electors in the First Judicial District. Applications are available on the Colorado State Judicial Branch website, and must be submitted to the ex officio chair of the nominating commission, Justice Monica Marquez, no later than 4 p.m. on June 10, 2013.

For more details on the vacancy and application process, click here.

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Electronic Filing Rule Under C.R.C.P. 121 and Rule 305.5 Amended by Colorado Supreme Court

May 14, 2013 by Leave a Comment

On May 9, 2013, the Colorado Supreme Court issued Rule Change 2013(04). The changes affect C.R.C.P. 121, § 1-26, and Rule 305.5 of the Colorado Rules of County Court Civil Procedure.

The rule change deletes language from C.R.C.P. 121 and Rule 305.5 regarding addresses and contact information in the e-service database. The rule changes clarify that service must be made pursuant to C.R.C.P. 4 and 5, and delete the requirement that the serving party or serving party’s attorney must provide the best known address for each party served.

For a redline of the changes to C.R.C.P. 121, § 1-26, and Rule 305.5 of the Colorado Rules of County Court Civil Procedure, click here. For a complete list of the Supreme Court’s 2013 rule changes, click here.

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CJD 98-03, Regarding Judicial Solemnization of Weddings, Amended for Inclusion of Civil Union Language

April 22, 2013 by Leave a Comment

Hon. Michael Bender, Chief Justice of the Colorado Supreme Court, issued an update to CJD 98-03 in April. The updated Chief Justice Directive is effective May 1, 2013.

The Chief Justice Directive discusses payment for solemnization of marriages that are performed outside of business hours, and also emphasizes that members of the judiciary may not be compensated for services performed during normal business hours. It was amended to include language regarding certification of civil unions, and the amendment is effective May 1, 2013.

For the full text of the Chief Justice Directive, click here. For all Chief Justice Directives, click here.

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Nominees Selected for Judgeship in Larimer County Court

April 18, 2013 by Leave a Comment

The Eighth Judicial District Nominating Commission met on April 10, 2013, to select nominees for a judgeship in the Larimer County Court in the Eighth Judicial District. The vacancy was created by the resignation of Hon. Ronald L. Schultz, effective April 30, 2013.

The three nominees are David Ayraud of Fort Collins, Mary Berenato of Fort Collins, and Kraig Ecton of Fort Collins. Under the Colorado Constitution, the governor has 15 days from April 11, 2013 to appoint one of the nominees. Comments about any of the nominees may be submitted to the governor via email at judicial.appointments@state.co.us.

For the full press release, including contact information for the nominees, click here.

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Raymond P. Moore Confirmed by U.S. Senate as New U.S. District Court Judge

April 2, 2013 by Leave a Comment

On Saturday, March 23, 2013, the U.S. Senate confirmed Raymond P. Moore as the new district court judge in the U.S. District Court for the District of Colorado. Judge Moore will fill a vacancy created when Chief Judge Wiley Daniel became a Senior Judge on January 1, 2013.

Judge Moore graduated from Yale College in 1975, and from Yale Law School in 1978. He first practiced law with Davis, Graham, & Stubbs, then served as an assistant U.S. Attorney for the District of Colorado for four years, returning to Davis, Graham, and Stubbs in 1986. He again left DGS in 1992 to work at the Office of the Federal Public Defender, and became a Federal Public Defender for the Districts of Colorado and Wyoming in 2004.

Judge Moore’s appointment was celebrated by Colorado Senators Mark Udall and Michael Bennet, who praised his initial nomination and urged the Senate to confirm him quickly.

Click here for the announcement from the U.S. District Court for the District of Colorado.

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