December 17, 2017

Hon. Dennis Graham to Retire from Colorado Court of Appeals

On Wednesday, September 20, 2017, the Colorado State Judicial Branch announced the retirement of Colorado Court of Appeals Judge Dennis Graham, effective February 12, 2018.

An esteemed figure in the legal community, Judge Graham attended Colorado State University, then went on to law school at the University of Nebraska. He was drafted in his first year, however, and spent three years in the Army before returning to finish law school. He worked as a civil litigation attorney focused on securities law and commercial transactions from 1976 to 2002. Judge Graham was appointed to the Colorado Court of Appeals in 2002. Judge Graham has served on the Colorado Judicial Ethics Advisory Board and the Judicial Personnel Board. He is an avid cyclist.

Applications are now being accepted for the upcoming vacancy. Eligible applicants must be qualified electors of the State of Colorado and must have been admitted to practice law in Colorado for five years. Applications are available from the State Judicial website, or from the ex officio chair of the Supreme Court Nominating Commission, Chief Justice Nancy Rice. Applications must be received no later than 4 p.m. on October 23, 2017; anyone wishing to nominate another must do so no later than 4 p.m. on October 16, 2017.

For more information about Judge Graham, click here. For more information about the vacancy or application process, click here.

Ingrid Bakke Appointed Chief Judge of 20th Judicial District

On Friday, September 15, 2017, the Colorado State Judicial Branch announced that District Judge Ingrid Bakke was appointed Chief Judge of the 20th Judicial District. Judge Bakke will replace Hon. Maria Berkenkotter as Chief Judge, effective upon Judge Berkenkotter’s October 31 retirement.

Judge Bakke was appointed to the 20th Judicial District Court in January 2011. Prior to her appointment, she was in private practice, where she focused on criminal defense and child abuse matters. She was also a prosecutor in Boulder County for six years and in Jefferson County for 11 years.

For more information about the appointment, click here.

Application Period Open for Ouray County Court Vacancy

On Thursday, September 14, 2017, the Colorado State Judicial Branch announced that the application period is open for a vacancy on the Ouray County Court. The vacancy was created by the appointment of Hon. Cory Jackson to the Seventh Judicial District Court, effective immediately.

Applications for appointment to the Ouray County Court are now being accepted. Eligible applicants must be qualified electors of Ouray County and must have graduated high school or attained an equivalent. Application forms are available on the State Judicial website, and are also available from the ex officio chair of the Seventh Judicial District Nominating Commission, Justice Richard L. Gabriel. Applications must be received by 4 p.m. on September 26, 2017; anyone wishing to nominate another must do so no later than September 19, 2017.

For more information about the vacancy, click here.

Colorado Rules of Criminal Procedure Amended in Rule Change 2017(08)

On Monday, September 11, 2017, the Colorado Supreme Court issued Rule Change 2017(08), amending Rules 4 and 9 of the Colorado Rules of Criminal Procedure. The rule change is effective immediately.

Rule 4 addresses warrant and summons issuance upon filing of a felony complaint. Rule 9 addresses warrant or summons issuance upon indictment or information. The changes to the two rules are similar. The amended rules generally address procedures for issuing warrants or summonses in criminal matters, changing phrasing in many instances but retaining the substance of the rules. The rules were also changed to update information to gender-neutral pronouns.

A redline and clean copy of Rule Change 2017(08) is available here. For all of the Colorado Supreme Court’s adopted and proposed rule changes, click here.

Cory Jackson Appointed to Seventh Judicial District Court

On Friday, September 8, 2017, the Colorado State Judicial Branch announced the governor’s appointment of Cory Jackson to the Seventh Judicial District Court. Jackson will fill a vacancy created by the retirement of Hon. David Westfall, effective immediately.

Currently, Jackson is a county court judge in Ouray County, where he oversees a docket including civil cases, felony complaints, misdemeanors, traffic infractions, civil protection orders and small claims matters. Judge Jackson has also served as a municipal court judge since 2015 for the City of Ouray, the Town of Ridgway, and the Town of Telluride. He was a solo practitioner prior to his appointment to the bench. Judge Jackson received his undergraduate degree from Colorado College and his law degree from the University of Colorado School of Law.

For more information about the appointment, click here.

Public Comment Period Open for 2018 10th Circuit Local Rules

On Tuesday, September 5, 2017, the Tenth Circuit Court of Appeals released its 2018 local rules for public comment. Comments will be accepted through October 31, 2017. A final version of the new rules will be posted on the Tenth Circuit’s website on December 1, 2017, and the rules will be effective January 1, 2018. A memo describing the changes to the local rules is available here, and a redline of the rule change is available here.

Effective December 31, 2017, two changes will be made to the Federal Rules of Appellate Procedure. Rule 4(a)(4)(B)(iii) will be changed to re-insert a sentence confirming that no fees are due when an amended notice of appeal is filed. Additionally, Rule 28.1(e)(3) will be deleted to correct a scrivener’s error; the rule should have been deleted last year.

Comments regarding the rule change may be submitted to the court clerk via email.

Rule 16 of Colorado Rules of Criminal Procedure Amended by Colorado Supreme Court

On Thursday, August 24, 2017, the Colorado State Judicial Branch announced Rule Change 2017(07), amending Colo. R. Crim. P. 16. The changes to Crim. P. 16 amend the prosecution’s discovery requirements, as follows:

(c) Cost and Location of Discovery.

(1) The prosecution’s costs of providing duplicating any material discoverable material electronically to the defense, electronically or otherwise, under this rule shall be funded as set forth in section 16-9-702(2), C.R.S.paid from funds allocated by the general assemblyborne by the party receiving the material, based on the actual cost of copying the same to the party furnishing the material. The prosecution Copies of any discovery provided to a defendant by court appointed counsel shall nototherwisecharge for discoverybe paid for by the defendant. For any materials provided to the prosecution as part of the defense discovery obligation, the cost shall be borne by the prosecution based on the actual cost of duplication. Copies of any discovery provided to a defendant by court appointed counsel shall be paid for by the defendant.

(2) The place of discovery and furnishing of for materials not capable of being provided electronically shall be at the office of the party furnishing it, or at a mutually agreeable location.

The rule change is effective August 24, 2017. For the complete text of the rule change, click here. For all of the Colorado Supreme Court’s adopted and proposed rule changes, click here.

Candidates Selected for Seventh Judicial District Court Vacancy

On Thursday, August 24, 2017, the Colorado State Judicial Branch announced the selection of three candidates for nomination to an upcoming vacancy on the Seventh Judicial District Court. The vacancy will be created by the retirement of Hon. David Westfall, effective August 31, 2017.

The three nominees are Cory Jackson of Ouray, Seth Ryan of Montrose, and Scott Burrill of Grand Junction. Cory Jackson is an Ouray County Court judge; he was appointed to that court in 2014. Seth Ryan is an attorney with the Seventh Judicial District Attorney’s Office. Scott Burrill is a Deputy State Public Defender with the Colorado Public Defender’s Office.

Comments regarding the nominees may be emailed to the governor at gov_judicialappointments@state.co.us. For more information about the nominees, click here.

Dondi Osborne Appointed as La Plata County Court Judge

On Monday, August 14, 2017, the Colorado State Judicial Branch announced the governor’s appointment of Dondi Osborne to the La Plata County Court in the Sixth Judicial District. Osborne will fill a vacancy created by the retirement of Hon. Martha Minot, effective August 29, 2017.

Osborne is currently an Assistant United States Attorney in Durango, where she has been since January 2008. She prosecutes cases involving murder, sexual assault, domestic violence, tax violations, and more. Prior to her work as an AUSA, Osborne was a Deputy District Attorney and Assistant District Attorney in the 6th Judicial District Attorney’s Office. She received her law degree from Creighton University and her undergraduate degree from Fort Lewis College.

Six Nominees Selected for Two Vacancies on Denver County Court

On Thursday, August 10, 2017, the Denver County Court Judicial Nominating Commission announced the selection of six nominees to fill two vacancies on the Denver County Court. The vacancies will be created by the retirement of Judges John Marcucci and Doris Burd.

The six nominees are Arnie Beckman, Frances Simonet, Andrew Luxen, Judith Smith, Isabel Pallares, and James Zobel. Arnie Beckman is a Colorado State Public Defender. Frances Simonet is a magistrate in the 17th Judicial District. Andrew Luxen is a Senior Deputy District Attorney at the Denver District Attorney’s Office. Judith Smith is the Special Prosecutions Section Chief at the U.S. Attorney’s Office. Isabel Pallares is a Deputy District Attorney in the Denver District Attorney’s Office. James Zobel is a magistrate in the Denver County Court.

Hon. Sheila A. Rappaport to Retire from Second Judicial District Court

On Tuesday, August 8, 2017, the Colorado State Judicial Branch announced the retirement of Hon. Sheila A. Rappaport from the Second Judicial District Court, effective December 31, 2017.

Judge Rappaport was appointed to the Denver District Court in July 2000, where she has presided over civil, criminal, and domestic relations matters. Prior to her appointment to the bench, Judge Rappaport was a Denver District Attorney for 20 years, and she was the first woman Chief Deputy in charge of the Felony Intake Division and Juvenile Division. She is also a certified instructor at Denver Police Department Academy, including subjects of investigative techniques, administrative of justice , domestic violence, child abuse, and sexual assault. She received her undergraduate degree from the University of Colorado at Denver and her law degree from the University of Denver.

Applications are now being accepted for the upcoming vacancy. Eligible applicants must be qualified electors of Denver 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 Second Judicial District Nominating Commission, Justice Allison Eid. Applications must be received no later than 4 p.m. on September 11, 2017 to be considered. Anyone wishing to nominate another must do so no later than September 4, 2017.

For more information about the vacancy, click here.

Maria E. Berkenkotter to Retire from 20th Judicial District Court

On Thursday, July 27, 2017, the Colorado State Judicial Branch announced that Maria E. Berkenkotter will retire from the Twentieth Judicial District Court in Boulder, effective October 31, 2017. Judge Berkenkotter was appointed to the Boulder District Court in July 2006. Prior to her appointment, she worked at the Colorado Attorney General’s Office for 16 years. She has also been in private practice, and she clerked for Colorado Supreme Court Justice Howard M. Kirshbaum after law school. She received her law degree from the University of Denver and her undergraduate degree from Western Michigan University.

Applications are now being accepted for the 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 20th Judicial District Nominating Commission, Justice Monica M. Márquez. Applications must be received no later than 4 p.m. on August 24, 2017; anyone wishing to nominate another must do so no later than August 17, 2017.

For more information about the vacancy, click here.