June 19, 2013

You are here: Home / Archives for Updates

Criminal Proceedings Will Not Be Heard on Fridays in U.S. District Court for the District of Colorado Due to Budget Constraints

March 27, 2013 by Leave a Comment

The effects of sequestration are being felt by the federal courts. Beginning Friday, April 26, 2013, and continuing through September 30, 2013, no hearings or trials in criminal cases (other than mandatory first appearances before a magistrate judge) will be heard on Fridays in the United States District Court for the District of Colorado. In addition, no trials or hearings in criminal cases in which a Federal Public Defender must appear will be conducted on Friday, March 29 and Friday, April 12, 2013.

The limitation on criminal proceedings is necessary because of mandatory furlough days of the United States Attorney, the Federal Public Defender, and the United States Marshal for the District of Colorado. Chief United States District Judge Marcia S. Krieger issued General Order 2013-1, an “Order Limiting the Scheduling of Criminal Trials and Hearings Due to Budgetary Constraints and Furloughs” on March 25, 2013.

Filed Under: Updates Tagged With: , ,

William Herringer Appointed to Sixth Judicial District Court Bench

March 20, 2013 by Leave a Comment

On Thursday, March 14, 2013, Governor John Hickenlooper appointed William Herringer to the bench of the Sixth Judicial District Court, effective March 11, 2013. He will replace Hon. David L. Dickinson, whose retirement was effective February 28, 2013.

Prior to his appointment, Herringer was an attorney in private practice at Greenberg & Herringer, LLC, in Durango. He primarily focused on criminal defense, but also handled personal injury cases and protection order hearings. He earned his law degree from University of Colorado Law School, and his undergraduate degree from Colorado College.

Judge Herringer’s appointment will be effective for two years, at which time he will face a retention election. If retained, he will remain on the bench for an additional six years.

Filed Under: Updates Tagged With: , , , , ,

New District Court Judgeships Created in Fifth and Ninth Judicial Districts

March 19, 2013 by Leave a Comment

Governor John Hickenlooper signed HB 13-1035 on March 8, 2013, which created one additional district court judgeship in the Fifth and Ninth Judicial Districts. The bill is effective July 1, 2013.

The Ninth Judicial District Nominating Commission will meet on May 17, 2013, to interview and select nominees for the vacancy. Nominees must be qualified electors of the Ninth Judicial District and must have been admitted to the practice of law in Colorado for five years.

The Fifth Judicial District Nominating Commission will meet on May 20, 2013, to interview and select nominees. To be eligible, nominees must be qualified electors of the Fifth Judicial District and must have been admitted to practice law in Colorado for five years.

Application forms for these judgeships are available on the Colorado State Judicial Branch website. Instructions for completing and submitting the application for the Fifth Judicial District judgeship are available here. For instructions for the Ninth Judicial District applications, click here.

Filed Under: Updates Tagged With: , , ,

Colorado Supreme Court Updates Rules of Criminal and Civil Procedure

March 12, 2013 by Leave a Comment

On March 7, 2013, the Colorado Supreme Court issued Rule Change 2013(03), amending Rules 5 and 7 of the Colorado Rules of Criminal Procedure. The changes to Rule 5, “Preliminary Procedings,” clarify language regarding the felony complaint, and adds language regarding waiver of the right to a preliminary hearing. The changes to Rule 7, “The Indictment and the Information,” discuss filing for preliminary hearings and set forth time limits. In addition, a subsection (i) was added, which provides time limits for requests to transfer cases to juvenile courts. A redline of the changes is available here.

The Supreme Court issued Rule Change 2013(02) on February 21, 2013, which changed Form 20 in the Appendix to Chapters 1 through 17A – Colorado Rules of Civil Procedure.

Rule Change 2013(01) was issued on February 8, 2013. Colorado Rules of Civil Procedure, Rule 16.2 and Rule 313, were amended with this rule change. The changes to Rule 16.2, “Court Facilitated Management of Domestic Relations Cases and General Provisions Governing Duty of Disclosure,” clarify that if an initial expert report is served early, the rebuttal report need not be submitted until 35 days prior to hearing. The changes to Rule 313, “Counterclaim and Cross Claim,” discuss remand to the county court if the counterclaim that caused removal to district court is dismissed.

All of the Supreme Court’s rule changes are available here.

Filed Under: Updates Tagged With: , , , , , ,

Governor Hickenlooper Announces Appointments to 22nd Judicial District Nominating Commission

February 28, 2013 by Leave a Comment

On Tuesday, February 26, 2013, Governor Hickenlooper announced appointments to several boards and commissions, including the 22nd Judicial District Nominating Commission and the Air Quality Control Commission.

Governor Hickenlooper appointed Stanley M. Morris of Cortez, to serve as an attorney and as a Republican from Montezuma County for the 22nd Judicial District. Each of Colorado’s 22 judicial districts has a nominating commission that reviews applications for judicial appointments and selects nominees for the governor’s appointment. There is also a Supreme Court Nominating Commission that selects nominees for appointment to the Court of Appeals and Supreme Court. The judicial district nominating commissions consist of seven citizens, three of whom may be licensed to practice law in the State of Colorado and of whom no more than four can be of the same political party.

The Air Quality Control Commission develops policy and regulates pollution to improve ambient air quality standards in Colorado. Governor Hickenlooper reappointed Teresa A. Coons of Grand Junction, to serve as a representative with scientific experience for a term expiring January 31, 2014, and appointed William R. Toor of Boulder, to serve as a representative with technical and private sector experience, and Jana Beth Milford of Boulder, to serve as a representative with legal and scientific experience. Their terms expire January 31, 2016.

For the complete list of the governor’s boards and commissions appointments, click here.

Filed Under: Updates Tagged With: , , ,

Samuel Vigil Selected for Judgeship in Bent County Court

February 19, 2013 by Leave a Comment

On Wednesday, February 13, 2013, Governor Hickenlooper announced his selection of Samuel S. Vigil for a part-time judgeship in Bent County. Judge Vigil will fill a vacancy created by the appointment of Hon. Mark A. MacDonnell to the Sixteenth Judicial District Court bench. Judge Vigil’s appointment is effective immediately.

Samuel Vigil works in private practice in Las Animas. Previously, he worked as a Deputy District Attorney in the Sixteenth Judicial District. He also worked at Hudson Legal, where he practiced criminal law. He earned his bachelor’s degree from the University of New Mexico and his juris doctorate from Tulane University Law School.

 

Filed Under: Updates Tagged With: , , , ,

Governor Hickenlooper Announces Board and Commission Appointments

February 19, 2013 by Leave a Comment

On Thursday, February 14, 2013, Governor Hickenlooper announced appointments to several state boards and commissions, including the Child Support Commission, the Colorado Water Conservation Board, and the State Commission on Judicial Performance.

The Colorado Child Support Commission is required by C.R.S. § 14-10-115(16). It is charged with reviewing the child support guidelines at least every four years. The Commission reports to the governor and the General Assembly, and also reports on the implementation of any suggested changes. Governor Hickenlooper appointed Paulette St. James of Denver, to serve as Director in the Colorado Division of Child Support Enforcement and the Colorado Department of Human Services.

The Colorado Water Conservation Board (CWCB) represents each major water basin, Denver, and other state agencies in an effort to use water wisely and protect water for future generations. Some of the CWCB’s responsibilities include protecting Colorado’s streams and lakes, water conservation, flood mitigation, watershed protection, stream restoration, drought planning, water supply planning, and water project financing. Appointments to the CWCB must be confirmed by the Colorado Senate. Governor Hickenlooper’s appointments, expiring February 12, 2016, are:

  • James R.L. “Jay” Gallagher of Steamboat Springs, to serve as a representative from the Yampa-White drainage basin and as a Democrat.
  • Patricia Wells of Denver, to serve as a representative from the City and County of Denver and as a Democrat.
  • Russ George of Grand Junction, to serve as a representative from the main Colorado drainage basin and as a Republican, reappointed.

The State Commission on Judicial Performance is tasked with developing evaluation techniques for district and county judges, justices of the Supreme Court, and judges of the court of appeals.

The member appointed for a term effective immediately and expiring Nov. 30, 2015 is Joe D. Martinez of Alamosa, to serve as a non-attorney.

Filed Under: Updates Tagged With: , ,

U.S. Department of Labor Expands Family and Medical Leave Act

February 11, 2013 by Leave a Comment

On Tuesday, February 5, 2013, the U.S. Department of Labor issued a final rule expanding two provisions of the Family and Medical Leave Act (FMLA). The final rule was issued on the 20th anniversary of the original signing of FMLA in order to commemorate the Act. The FMLA’s first expansion implements congressional amendments regarding leave for families of service members, and the second expansion modifies existing rules to allow more coverage to airline personnel.

The modifications to FMLA for families of service members now allow families to take up to 26 weeks of leave to care for a family member who is a current service member and has a serious injury or illness. It also created qualified exigency leave, which allows service members or their families to take up to 12 weeks of leave when exigent circumstances arise, such as the departure of a spouse for active duty or the welcome home from active duty.

The second expansion of FMLA regards flight crews and airline personnel. Because of the unique way their hours are calculated, airline personnel and flight crews are frequently unable to take advantage of FMLA leave. The new legislation allows the Department of Labor to tailor regulations to these uniquely situated employees.

The amendments to FMLA are expected to be extremely beneficial to employees, service members, and their families. For more information on FMLA, click here. For the DOL press release on the changes, click here.

Filed Under: Updates Tagged With: , , , ,

New Self-Help Centers Open for Pro Se Litigants in Sixth and Twenty-Second Judicial Districts

February 6, 2013 by Leave a Comment

On Tuesday, February 5, 2013, the Colorado State Judicial Branch announced the opening of self-help centers for pro se litigants in the Sixth and Twenty-Second Judicial Districts. The centers are in Durango and Cortez and are available for civil litigants.

The centers are part of the Judicial Branch’s program to address the need to provide legal services to people who cannot afford attorneys but have too many assets to qualify for legal aid. The centers are intended to ease the strain on court personnel who must spend time assisting pro se litigants.

Office hours for the Durango center are 1 p.m. to 4 p.m., Monday through Friday. Hours for the Cortez center are 10 a.m. to 2 p.m., Monday through Friday. For more information on the self- help centers, click here.

Filed Under: Updates Tagged With: , ,

Finalists Selected for Vacancy on Bent County Court Bench

January 30, 2013 by Leave a Comment

On Tuesday, January 29, 2013, the Sixteenth Judicial District Nominating Commission announced its selection of three nominees to fill the vacancy on the bench of the Bent County Court. The vacancy is created by the appointment of Hon. Mark A. MacDonnell to the bench of the Sixteenth Judicial District court, effective February 3, 2013.

The three nominees are Marcus Behm of Manzanola, Julie Jones of La Junta, and Samuel Vigil of La Junta. Contact information for the nominees is available on the Judicial Branch website.

Under the Colorado Constitution, the governor has 15 days from January 29, 2013, to appoint one of the nominees to the bench. If the governor does not appoint one of the nominees within the 15 days, then the chief justice of the Colorado Supreme Court must appoint one of the nominees.

Filed Under: Updates

Governor Hickenlooper Announces Appointment to Sixteenth Judicial District Nominating Commission

January 28, 2013 by Leave a Comment

On Monday, January 28, 2013, Governor John Hickenlooper announced an appointment to the Sixteenth Judicial District Nominating Commission. Nathan Shultz of La Junta was appointed to serve as an attorney and a Republican from Otero County. His appointment is effective until December 31, 2018. Mr. Shultz will replace Philip Palmer of La Junta, who resigned.

Each of Colorado’s 22 judicial districts has a nominating commission comprised of seven members who reside in the district. No more than four members can be from the same political party, and each county in the district must have at least one resident representative. In districts in which the population is over 35,000, three of the members of the nominating commission must be attorneys admitted to practice law in Colorado, and the other four may not be admitted to practice law.

 

Filed Under: Updates Tagged With: , , , ,

2013 Cost of Living Adjustment Figures for Colorado Probate Code Available

January 25, 2013 by Leave a Comment

The Colorado Department of Revenue released its 2013 Cost of Living Adjustment (COLA) figures for certain amounts in the Colorado Probate Code, as required by C.R.S. § 15-10-112. The COLA figures affect decedents’ estates, elective shares, exempt property under C.R.S. § 15-11-403, lump sum distributions of family allowances, and collection of personal property by affidavit. Trust and estate practitioners should be aware of the new figures.

2013 Cost of Living Adjustments from the Colorado Department of Revenue

Filed Under: Updates Tagged With: , , ,
«Older Posts
Newer Posts»
Protected

2013-06-19 09:31:04