April 19, 2018

CJD 05-03 Amended Regarding Management Plan for Court Reporting and Recording

On Friday, January 19, 2018, the Colorado Supreme Court amended Chief Justice Directive 05-03, “Management Plan for Court Reporting and Recording Services.” This CJD was amended to reflect recent changes to C.A.R. 10 and 11, effective for appeals filed on or after January 1, 2018. The full text of the CJD is available here. For all of the Colorado Supreme Court’s Chief Justice Directives, click here.

CJD 85-22 Amended, Modifying Rate of Interest on Judgments that are Appealed

On Thursday, January 18, 2018, the Colorado Supreme Court issued modifications to Chief Justice Directive 85-22, “Rate of Interest on Judgments Which are Appealed.” The changes to the CJD reflect the Secretary of State’s certification that interest on monetary judgments that are appealed is 4 percent. The changes are in accordance with C.R.S. § 5-12-106(2)(a) and 13-21-101(3). For all of the Colorado Supreme Court’s Chief Justice Directives, click here.

New Chief Justice Directive 16-02 Adopted by Colorado Supreme Court

On Friday, June 3, 2016, the Colorado State Judicial Branch announced the adoption of a new Chief Justice Directive. CJD 16-02, “Court Appointments Through the Office of Respondent Parents’ Counsel,” is effective July 1, 2016, and addresses the appointment, training, and payment of respondent parents’ counsel appointed to represent indigent parents in dependency and neglect proceedings.

The directive sets forth the mission, authority, and responsibilities of the Office of Respondent Parents’ Counsel. The directive also lists qualifications for attorneys appointed through the office, including appellate counsel. Practice guidelines, requirements, and continuing education requirements for attorneys are also included, as well as duties for judges and magistrates and procedures for complaints against counsel. Guidelines are set forth for payment by the Office of Respondent Parents’ Counsel.

The directive was signed by Chief Justice Nancy Rice on June 1, 2016, to take effect July 1. Click here for CJD 16-02 and click here for all the Colorado Supreme Court Chief Justice Directives.

CJD 06-03 Regarding Language Interpreters and Court Access Amended

On Wednesday, June 1, 2016, the Colorado State Judicial Branch announced that Chief Justice Directive 06-03, “Directive Concerning Language Interpreters and Access to the Courts by Persons of Limited English Proficiency,” was amended, effective May 31, 2016.

The changes to the Chief Justice Directive include updating the name of the Office of Language Access, which was formerly known as the Court Interpreter Program, and minor editorial changes to clarify the use of certified and credentialed interpreters for both in-person and telephonic events in order to further the Judicial Department’s mission of ensuring people of limited English proficiency have full access to the courts.

For all of the Colorado Supreme Court Chief Justice Directives, click here.

Colorado Rules of Civil Procedure and Colorado Rules of Juvenile Procedure Amended

The Colorado Supreme Court announced Rule Change 2014(14), effective October 30, 2014, and 2014(15), effective November 1, 2014. Rule Change 2014(14) amends Rule 47, “Jurors,” of the Colorado Rules of Civil Procedure. Rule Change 2014(15) amends Rule 2.2, “Summons — Content and Service,” Rule 3, “Advisement,” and Rule 3.7, “Detention,” of the Colorado Rules of Juvenile Procedure, and it adds a new Rule 3.9, “Counsel.” The changes to the Rules of Juvenile Procedure coordinate with changes to the Colorado Revised Statutes pursuant to HB 14-1032.

C.R.C.P. 47(u), “Juror Questions,” was amended to clarify that juror questions will be reviewed with counsel for the parties outside the hearing of the jury, to permit jurors to ask follow up questions in writing, and to prohibit jurors from orally questioning any witness. The amendments specify that the court retains discretion to address juror questions or permit follow up questions. Click here for a redline of the changes to Rule 47.

The changes to the Rules of Juvenile Procedure are extensive. Rule 2.2 was amended to subdivide different types of juvenile proceedings and specify summons procedures for each type of proceeding. The changes to Rule 3 were relatively minor, adding language to clarify timing for the juvenile’s advisement and changing some wording. The changes to Rule 3.7 were much more extensive, detailing procedures for juvenile detention and court oversight of the detainer. New Rule 3.9, “Counsel,” deals with appointed counsel in juvenile delinquency proceedings, and includes provisions for appointment of counsel, waiver of counsel, and withdrawal of counsel. Click here for a redline of the changes to the Rules of Juvenile Procedure.

In addition to the rules changes, two Chief Justice Directives were amended to comply with HB 14-1032. The Colorado Supreme Court amended CJD 04-04 and added new CJD 14-01CJD 04-04 was amended to eliminate specified procedures related to the appointment of counsel in juvenile delinquency proceedings. CJD 14-01 was added to adopt new procedures for the appointment of defense counsel in juvenile delinquency proceedings. Both CJDs are effective November 1, 2014.

CJD 08-02 Amended Regarding Cost Recovery Fees for Electronic Access to Court Records

On September 11, 2014, the Colorado Supreme Court amended CJD 08-02, “Directive Concerning Assessment of Cost Recovery Fees for Maintaining the Technical Infrastructure Necessary to Support Electronic Access to Court Records.” The changes to CJD 08-02 are effective October 1, 2014.

The changes to CJD 08-02 affect criminal e-filing fees and e-service fees. The changes were made in preparation for the launch of the pilot criminal e-filing system in Pueblo on October 6, 2014.

For the full text of CJD 08-02, click here. For all the Chief Justice Dirctives, click here.

Civil Access Pilot Project Extended to June 30, 2015

Chief Justice Directive 11-02 was amended in July to extend the period for the Civil Access Pilot Project until June 30, 2015. In June 2013, the project was extended to December 31, 2014. The court extended the pilot project for an additional six months in order to eliminate confusion, give the court time to determine whether the project achieved its stated goals, and consider what changes should be made to the Colorado Rules of Civil Procedure, if any.

The Civil Access Pilot Project was developed in order to streamline the litigation process by identifying and narrowing issues at the earliest stage of litigation, require active ongoing case management by a single judge, and attempt to keep litigation costs proportionate to the issues being litigated. It applies to certain business actions, including claims for breach of contract, business tort actions, actions regarding the application of the Uniform Commercial Code, actions involving commercial real property, private actions for securities fraud, actions involving intellectual property, and more.

For CJD 11-02 regarding the Civil Access Pilot Project, click here. For all the Colorado Supreme Court’s Chief Justice Directives, click here.

Counsel Appointment in Dependency & Neglect Language Added to CJD 04-05

The Colorado Supreme Court released amended Chief Justice Directive 04-05 in August 2013. CJD 04-05 addresses appointment and payment procedures for court-appointed counsel, guardians ad litem, child and family investigators, and court visitors appointed by the State Court Administrator’s Office.

Attachment B to CJD 04-05 was revised in August to include language regarding appointment of counsel for children subject to dependency and neglect proceedings. The counsel appointment is in addition to the GAL. No other changes were made to the Chief Justice Directive.

For the full text of CJD 04-05, click here. For all of the Colorado Supreme Court Chief Justice Directives, click here.

Self-Help Assistance for Pro Se Litigants Approved by Supreme Court in CJD 13-01

Colorado Supreme Court Chief Justice Michael Bender recently issued Chief Justice Directive 13-01, dated June 12, 2013. The new CJD discusses assistance provided to pro se litigants in non-criminal matters by clerks, family court facilitators, self-represented litigant coordinators, and others.

The CJD defines self-help personnel and related terminology, and elucidates what types of assistance may be provided by the self-help personnel. Additionally, activities prohibited by self-help personnel are enumerated, and the CJD clarifies that the self-help personnel do not practice law by providing that help. A notice to the non-represented litigants is also included in the Directive.

For a complete list of Chief Justice Directives, click here.

Filing Fees to Change Effective July 1, 2013, Due to Repeal of CJD 12-02

Chief Justice Directive 12-02 was created in January 2012 to temporarily reduce statutory filing fees. The Colorado State Judicial Branch announced that effective July 1, 2013, that Chief Justice Directive will be repealed, which means that filing fees will increase.

CJD 12-02 affected most civil actions, such as county court civil, small claims, district court civil, domestic relations, probate, juvenile, and water court actions. The fees reverted to the level they were at before CJD 12-02, which is a significant change. The fees for filing in the Supreme Court and Court of Appeals did not change.

To see a PDF detailing the filing fees, surcharges, and costs in Colorado state courts, click here.

Chief Justice Directive 04-06 Amended by Colorado Supreme Court

In March 2013, the Colorado Supreme Court updated Chief Justice Directive (CJD) 04-06, concerning appointments by the Office of the Child’s Representative. The changes are in response to the Colorado Supreme Court opinion in L.A.N. et al. v. L.M.B.

The decision in L.A.N. held that the GAL holds the child’s psychotherapist-patient privilege when the child is too young to hold the privilege, the child’s interests are adverse to his or her parents’ interests, and the privilege is not abrogated by C.R.S. § 19-3-311.

The updates to the CJD are intended in part to provide counsel to children in dependency and neglect cases who have been determined of sufficient age and competent to hold their own patient-therapist privilege so that the counsel may advise the children of their privilege. The updates also clarify that appointments as counsel for children in D&N proceedings may be made from the Office of the Child’s Representative’s D&N appointment list. The CJD also clarifies payment procedures for these appointed attorneys.

Click here to view a PDF of updated CJD 04-06. For all of the Chief Justice Directives, click here.