April 16, 2014

Comment [14] Added to Colo. RPC 1.2 Regarding Advising Marijuana Businesses

The Colorado Supreme Court adopted Rule Change 2014(05) on Monday, March 24, 2014, effective immediately. The rule change amends the Colorado Rules of Professional Conduct by adding Comment [14] to Rule 1.2 to read:

A lawyer may counsel a client regarding the validity, scope, and meaning of Colorado constitution article XVIII, secs. 14 & 16. and may assist a client in conduct that the lawyer reasonably believes is permitted by these constitutional provisions and the statutes, regulations, orders, and other state or local provisions implementing them. ln these circumstances, the lawyer shall also advise the client regarding related federal law and policy.

Justice Coats and Justice Eid would not adopt Comment [14].

Colorado Rules Governing Commissions on Judicial Performance Amended Along with CJD 85-22

The Colorado Supreme Court approved Rule Change 2014(04), amending the Colorado Rules Governing the Commissions on Judicial Performance. The changes were to Rule 10, “Trial Judge Evaluations”; Rule 11, “Appellate Judge and Justice Evaluations”; and Rule 13, “Narratives.” The changes were extensive, including changing language and updating procedures for judicial evaluation. To see a redline of the changes, click here.

Chief Justice Directive 85-22 was also amended by the Colorado Supreme Court. The directive was amended in order to list the current interest rate and to update the interest rate that appears in the CJD. The interest rate on judgments that are appealed is 3 percent for 2014.

Colorado Rule of Evidence 803(10) Amended to Conform to Changes to FRE 803(10)

On Wednesday, February 26, 2014, the Colorado State Judicial Branch announced Rule Change 2014(03), amending subsection 10 of Colorado Rule of Evidence 803.

CRE 803 lists hearsay exceptions where the availability of the declarant is immaterial. Subsection 10 addresses the absence of a public record. The changes to Subsection 10 are substantial (see redline of changes below) and the committee comment was also revised to reflect that the changes were made to conform CRE 803 to FRE 803, which was amended in December 2013.

(10) Absence of a Ppublic Rrecordor entryTestimony - or a certification under Rule 902 - that a diligent search failed to disclose a public record or statement if:

(A) the testimony or certification is admitted to prove that

(i)     the record or statement does not exist; or

(ii)     a matter did not occur or exist, if a public office regularly kept a record or statement for a matter of that kind; and

(B) in a criminal case, a prosecutor who intends to offer a certification provides written notice of that intent at least 14 days before trial, and the defendant does not object in writing within 7 days of receiving the notice unless the court sets a different time for the notice or the objection.

To prove the absence of a record, report, statement, or data compilation, in any form, or the non-occurrence or non-existence of a matter of which a record, report, statement, or data compilation, in any form, was regularly made and preserved by a public office or agency, evidence in the form of a certification in accordance with Rule 902, or testimony, that diligent search failed to disclose the record, report, statement, or data compilation, or entry.

(Federal Rule Identical.)  

The changes to CRE 803(10) are effective February 18, 2014.

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

First Rule Changes of 2014 Amend Colorado Rules of Criminal Procedure and Rules Governing Admission to the Bar

The Colorado State Judicial Branch released the first rule changes of 2014, amending Crim. P. 37, “Appeals from County Court,” and Rule 227, “Registration Fee,” of Chapter 18 of the Colorado Rules of Civil Procedure, “Rules Governing Admission to the Bar.”

Rule Change 2014(02) amends the Rules Governing Admission to the Bar. The change to Rule 227 specifies that $25 of attorney registration fees are to go to the Attorneys’ Fund for Client Protection and the remainder will go to defray the costs of the Office of Attorney Regulation Counsel. Previously, $40 was allocated to the Attorneys’ Fund for Client Protection. This rule was adopted and effective January 16, 2014.

Rule Change 2014(01) makes several changes to subsection (c) of Rule 37 of the Colorado Rules of Criminal Procedure:

(c) Contents of Record on Appeal. Upon the filing of a notice of appeal and upon the posting of such ANY advance costs by the appellant, as may be ARE required for the preparation of a record, unless the appellant is granted leave to proceed as an indigent, the clerk of the county court shall prepare and issue as soon as may be possible a record of the proceedings in the county court, including the summons and complaint or warrant, the separate complaint if any has been issued, and the judgment. The record shall also include a transcription or a joint stipulation of such part of the actual evidence and other proceedings as the parties may designate. If the proceedings have been electronically recorded ELECTRONICALLY, the transcription of designated evidence and proceedings shall be prepared in the office of the clerk of the court, either by him OR HER or under his OR HER supervision, within 42 days after judgment THE FILING OF THE NQTICE OF APPEAL or within such additional time as may be granted by the county court. The clerk shall notify in writing the opposing parties of the completion of the record, and such parties shall have 14 days within which to file objections. If none are received, the record shall be certified forthwith by the judge clerk. If objections are made, the parties shall be called for hearing and the objections settled by the county judge and the record then certified.

For a list of the supreme court’s rule changes, click here.

Changes to Colorado Rules of Civil Procedure, Rules for Magistrates, and County Court Civil Procedure Announced

On Wednesday, January 8, 2014, the Colorado State Judicial Branch announced the final rules changes of 2013, Rule Change 2013(17) and Rule Change 2013(18), amended and adopted by the supreme court on December 31, 2013.

Rule Change 2013(17) amends § 1-26 of C.R.C.P. 121 and Rule 305.5 of the Colorado Rules of County Court Civil Procedure. The changes outline amended procedures for use of the state’s electronic filing system, ICCES, by pro hac vice or other out-of-state attorneys. The Comments to these rules have also been amended to reflect that ICCES is now the official e-filing system for Colorado.

Rule Change 2013(18) amends § 1-15 of C.R.C.P. 121 and Rule 7 of the Colorado Rules for Magistrates. The changes to C.R.C.P. 121 amend the time in which affidavits may be filed in support of motions. The changes to C.R.M. 7 specify that an order that effectively ends a case shall be subject to de novo review.

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

Revised Federal Rules of Appellate Procedure and Tenth Circuit Local Rules Available Now; Fees to Increase

On December 1, 2013, changes to the Federal Rules of Appellate Procedure will take effect. Primary changes are to Rules 28 and 28.1, which address briefing requirements. The changes allow parties to combine a statement of the case and the factual recitation for the appeal into a single section. The current rule(s) require separate sections. In addition, Rules 13, 14, and 24 have been updated to clarify procedures in cases coming from the Tax Court, including permissive interlocutory appeals.

The revised Tenth Circuit Local Rules will take effect January 1, 2014. A memorandum outlining the more substantive changes to the Local Rules and the FRAP is available on the court’s website here. A redline version of both revisions is available here and a link to the complete 2014 FRAP and Local Rules is available here.

The court also announced an increase in the fee schedule. Effective December 1, 2013, the docketing fee for filing an appeal or original proceeding will increase to $505 from $450. The filing fee will be $500 for Petitions for Review and other original proceedings which require a fee. The record retrieval fee for archived materials will increase on the same date to $64 from $53.

Rule Change 2013(16) Amends Colorado Rules of Criminal Procedure

On Monday, November 4, 2013, the Colorado Supreme Court released Rule Change 2013(16). This rule change amends Rule 5 of the Colorado Rules of Criminal Procedure, “Preliminary Proceedings.” The rule change is effective January 1, 2014.

Rule Change 2013(16) amends Crim. P. 5 as follows:

(2) Appearance Before the Court. At the first appearance in the county court the defendant shall be advised in accordance with the provisions set forth in subparagraphs (a) (2) (I) through (VII) of this Rule, except that the defendant shall be advised that an application for the appointment of counsel shall not be made until after the prosecuting attorney has spoken with the defendant as provided in C.R.S. 16-7-301 (4) (a).

State Judicial also issued a corrective order to Rule Change 2013(14), regarding new Rule 37, “Discovery,” of the Colorado Rules of Probate Procedure. The corrective order amends a citation in subparagraph (b) and is issued nunc pro tunc for the original effective date, October 10, 2013.

For the complete text of Rule Change 2013(16), click here. For all of State Judicial’s rule changes, click here.

Changes to Rules of Civil Procedure, Probate Procedure, and County Court Civil Procedure Issued by Supreme Court

On Wednesday, October 16, 2013, the Colorado Supreme Court released Rule Changes 2013(13), 2013(14), and 2013(15), amending the Colorado Rules of Civil Procedure, the Colorado Rules of Probate Procedure, and the Colorado Rules of County Court Civil Procedure.

Rule Change 2013(13) amended Rule 411, “Appeals,” of the Colorado Rules of County Court Civil Procedure. The time limit for filing a Notice of Appeal and Appeal Bond was reduced from 21 days to 14 days. The time limit for filing objections to the record on appeal was also reduced from 21 days to 14 days.

Rule Change 2013(14) added Rule 37, “Discovery,” of the Colorado Rules of Probate Procedure. The rule establishes provisions and structure for conducting discovery in proceedings under Title 15 of the Colorado Revised Statutes.

Rule Change 2013(15) amended Form 1, “Summons,” of the Appendix to Chapters 1-17A of the Colorado Rules of Civil Procedure. The form now contains a warning to the recipient including information about responding to the summons and the content of the summons.

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

Colorado Rules of Civil Procedure and Municipal Court Rules of Procedure Amended

On Monday, September 9, 2013, the Colorado Supreme Court announced Rule Changes 2013(10), 2013(11), and 2013(12).

Rule Change 2013(10) amends Rule 210of the Colorado Municipal Court Rules of Procedure, “Arraignment.” The rule change allows the court to designate violations and penalties for traffic infractions involving speeding 24 or less miles per hour over the speed limit. Previously, the limit was 19 miles per hour over the speed limit.

Rule Change 2013(11) amends Rule 232 of the Colorado Municipal Court Rules of Procedure, “Sentence and Judgment.” It adds subparagraph (f), mandating that any sentence imposed shall comply with the Compact for the Supervision of Adult Offenders at C.R.S. §§ 24-60-2801, et seq.

Rule Change 2013(12) amends Rules 4 and 15 of the Colorado Rules of Civil Procedure. Rule 4, “Process,” was amended to add a subsection (m), which sets a limit for service on a defendant to 63 days, unless good cause can be shown by the plaintiff why the service could not be completed in that time. This change also clarifies that the new subsection does not apply to service in foreign countries.

C.R.C.P. 15, “Amended and Supplemental Pleadings,” was amended in subsection (c) by clarifying that an amended pleading relates back to the original filing if notice of the amendment was served within the time frame elucidated in C.R.C.P. 4(m).

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

Rules Governing Admission to the Bar Amended by Colorado Supreme Court

On Thursday, July 25, 2013, the Colorado State Judicial Branch released Rule Change 2013(09), concerning Chapter 18 of the Colorado Rules of Civil Procedure, Rules Governing Admission to the Bar. The rule change was approved on June 27 and is effective September 1, 2013.

The change to Rule 201.2, “Board of Law Examiners,” clarifies where fees collected under the rule will be held and for what purposes they will be used. The changes to Rule 221, “Out-of-State Attorney — Pro Hac Vice Admission,” increase the fee for pro hac vice admission from $250 to $300. The changes to Rule 222, “Single Client Counsel Certification,” increase the fee for single client counsel certification from $725 to $1,000.

Rule 227 was changed extensively. Some of the changes to Rule 227 involve increasing attorney registration fees. The fee for an active Colorado attorney who has been practicing more than three years will increase from $225 to $325. Fees for attorneys who are in their first three years of practice increased from $180 to $190. Fees for inactive attorneys also increased, from $95 to $130.

The changes to Rule 227 also include clarification about how the fees are used, what should be included on a statement, registration of non-attorney judges, and other minor changes.

For a copy of Rule Change 2013(09), click here. For all of the Colorado Supreme Court’s rule changes, click here.

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

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.

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

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.