May 23, 2017

HB 17-1029: Allowing Records Custodians to Deny Access to Confidential Personal Information

On January 11, 2017, Rep. Polly Lawrence and Sen. Bob Gardner introduced HB 17-1029, “Concerning Public Records that are Subject to Denial of Inspection.”

The bill allows a custodian to deny access to confidential personal information records and employee personal e-mail addresses. The provisions of the ‘Colorado Open Records Act’ that relate to civil or administrative investigations and trade secrets and other privileged and confidential information apply to the judicial branch.

The bill was introduced in the House and assigned to the State, Veterans, and Military Affairs Committee. It is scheduled to be heard in committee on February 2 upon adjournment.

Rule Change 2015(08) Amends Chapter 38, “Public Access to Information and Records”

On Friday, October 30, 2015, the Colorado Supreme Court announced Rule Change 2015(08), amending Chapter 38 of the Colorado Rules of Civil Procedure, “Public Access to Information and Records.” The changes amended the title of the rules from “Public Access to Records and Information” and added an extensive new Rule 2, “Public Access to Administrative Records of the Judicial Branch.” The rule follows the Colorado Open Records Act (CORA) but is not identical, and the introductory paragraph to Rule 2 states, “Many of the rule’s deviations from CORA reflect simple changes to language and streamlined organization of the rule for clarity and to better serve the public. Other, substantive deviations from CORA reflect the unique nature of the records and operations of the Judicial Branch. These changes are addressed in comments throughout the rule. The rule pertains only to administrative records and does not contemplate or control access to court records.” The previously numbered Rule 2 was renumbered as Rule 3 but suffered no other amendments.

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

Attorney Volunteers Needed for “Ask an Attorney” Sessions at Legal Resource Day

The Colorado Judicial Branch is hosting Legal Resource Day on Friday, October 2, 2015 for people representing themselves in court. This event will allow pro se litigants to visit the Ralph L. Carr Colorado Judicial Center (2 E. 14th Avenue, Denver, CO 80203) to learn more about court processes, legal information, and resources through a series of informational clinics, “Ask an Attorney” sessions, tours, and vendors. There is no cost to attend the event.

We are looking for attorneys who would be interested in volunteering at the “Ask an Attorney” sessions. The sessions are in two-hour blocks: 10:45 a.m. – 12:45 p.m. and 12:45 p.m. – 2:45 p.m. The pro se litigant would have a chance to sit with an attorney for up to 15 minutes in the areas of family law and general civil law, to include evictions, small claims, money cases, etc. Chief Justice Nancy Rice will kick off Legal Resource Day at 10 a.m. with opening remarks welcoming participants and providing an overview of the informational sessions being offered.

If you would be interested in volunteering for either of the “Ask an Attorney” slots, please contact Brigitte Smith, Self-Represented Litigant Coordinator, at brigitte.smith@judicial.state.co.us or call 720-772-2503.

CJD 07-01 Amended Regarding State Judicial Electronic Usage Policy; CJD 98-08 Repealed

Chief Justice Directive 07-01, “Directive Concerning the Colorado Judicial Department Electronic Communications Usage Policy: Technical, Security, And System Management Concerns,” was amended last week, effective April 8, 2014. CJD 07-01 was amended and updated to reflect changes to technology and the need to maintain secure systems.  The changes to this CJD now include instructions regarding the use of software on state computers, which was previously addressed in CJD 98-08. These changes apply to all Judicial Department employees, who will be required to sign an acknowledgement form confirming receipt of the policy change by May 1, 2014.

CJD 98-08, “Directive Concerning Use of Software Products on State-Owned Computers,” was repealed when CJD 07-01 was amended, because the information previously contained in CJD 98-08 is now addressed in CJD 07-01.

For all of the Chief Justice Directives, click here.

Civil Unions Language Added to Many Probate Forms by State Judicial

The Colorado State Judicial Branch amended many of its probate forms in August 2013 to include language about partners in civil unions. The amended forms include protective proceeding forms and decedent estate forms.

The new forms can be downloaded here, or from State Judicial’s forms page. All forms are available here as PDF files, and are available in Word or Word template from the State Judicial website.

PROBATE

  • JDF 782 – “Instructions to File Petition to Accept Adult Guardianship and/or Conservatorship in Colorado From Sending State” (revised 8/13)
  • JDF 840 – “Instructions for Appointment of a Guardian – Adult” (revised 8/13)
  • JDF 875 – “Instructions for Appointment of a Conservator – Adult” (revised 8/13)
  • JDF 785 – “Final Order Accepting Guardianship/Conservatorship in Colorado from Sending State” (revised 8/13)
  • JDF 824 – “Petition for Appointment of Guardian for Minor” (revised 8/13)
  • JDF 834 – “Guardian’s Report – Minor” (revised 8/13)
  • JDF 841 – “Petition for Appointment of Guardian for Adult” (revised 8/13)
  • JDF 846 – “Order Appointing Temporary Substitute Guardian for Adult” (revised 8/13)
  • JDF 848 – “Order Appointing Guardian for Adult” (revised 8/13)
  • JDF 857 – “Petition for Appointment of Co-Guardian or Successor Guardian” (revised 8/13)
  • JDF 861 – “Petition for Appointment of Conservator – Minor” (revised 8/13)
  • JDF 876 – “Petition for Appointment of Conservator – Adult” (revised 8/13)
  • JDF 877 – “Order Appointing Special Conservator – Adult or Minor” (revised 8/13)
  • JDF 878 – “Order Appointing Conservator for Adult” (revised 8/13)
  • JDF 879 – “Petition for Appointment of Co-Conservator or Successor Conservator” (revised 8/13)
  • JDF 910 – “Application for Informal Probate of Will and Informal Appointment of Personal Representative” (revised 8/13)
  • JDF 912 – “Renunciation and/or Nomination of Personal Representative” (revised 8/13)
  • JDF 916 – “Application for Informal Appointment of Personal Representative” (revised 8/13)
  • JDF 920 – “Petition for Formal Probate of Will and Formal Appointment of Personal Representative” (revised 8/13)
  • JDF 921 – “Order Admitting Will to Formal Probate and Formal Appointment of Personal Representative” (revised 8/13)
  • JDF 922 – “Petition for Adjudication of Intestacy and Formal Appointment of Personal Representative” (revised 8/13)
  • JDF 923 – “Order of Intestacy, Determination of Heirs, and Formal Appointment of Personal Representative” (revised 8/13)
  • JDF 924 – “Application for Informal Appointment of Special Administrator” (revised 8/13)
  • JDF 926 – “Petition for Formal Appointment of Special Administrator” (revised 8/13)
  • JDF 940 – “Information of Appointment” (revised 8/13)
  • JDF 948 – “Petition for the Determination of Heirs or Devisees or Both, and of Interests of Property” (revised 8/13)
  • JDF 990 – “Petition to Re-Open Estate” (revised 8/13)
  • JDF 999 – “Collection of Personal Property by Affidavit” (revised 8/13)

Click here for State Judicial’s forms page.

HB 13-1294: Confirming that the State Judicial Department is a Covered Governmental Entity Under the CGIA

On April 8, 2013, Rep. Bob Gardner and Sen. Lucia Guzman introduced HB 13-1294 – Concerning a Clarification that the State’s Judicial Department is Included within the Definition of “Public Entity” for Purposes of the “Colorado Governmental Immunity Act.”  This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

In 2012, the general assembly enacted legislation that had the inadvertent effect of removing the state’s judicial department from the definition of “public entity” for purposes of the “Colorado Governmental Immunity Act” (CGIA). The bill modifies the definition of “public entity” under the CGIA to clarify that it includes the state’s judicial department.

On April 16, the Judiciary Committee referred the bill to the full House for consideration on 2nd Reading.

Since this summary, the bill passed Second and Third Readings in the House and was introduced in the Senate, where it was assigned to the Judiciary Committee.

Updated JDF Forms Available in Adoption, Appeals, and Domestic Categories

Three updated JDF forms are now available from the Colorado State Judicial Branch, in the areas of adoption, civil appeals, and domestic relations.

  • JDF 496, “Instructions for Adult Adoption,” in the Adoption category, was revised in February 2013.
  • JDF 126, “Instructions for Filing a County Court Civil Appeal or Small Claims Appeal,” in the Appeals category, was revised in March 2013.
  • JDF 1302, “Order for Publication of Summons/Service by Certified Mail/Publication by Consolidated Notice,” in the Divorce & Family Matters category, was revised in February 2013.

All of State Judicial’s JDF forms are available here.

Colorado State Judicial Branch Partners with File & Serve Xpress for Rollout of ICCES Filing System

The Colorado State Judicial Branch announced on Thursday, December 13, 2012, that it would partner with File & Serve Xpress, formerly known as LexisNexis File & Serve, in order to ensure a smooth transition to its new ICCES filing system.

The implementation of the ICCES filing system will be effective in all judicial districts in Colorado by June 3, 2013. It is set to begin in the Second Judicial District on January 7, 2013, and there is a staggered implementation schedule for the counties. It is fully operational, and is currently being used in the Fourteenth, Seventeenth, and Twentieth Judicial Districts.

File & ServeXpress will provide e-filing services to the judicial districts until ICCES is brought online. Pricing for e-filing with File & ServeXpress will remain the same as it was under LexisNexis and to e-file with ICCES.

For more information on ICCES, click here, and for the staggered schedule of implementation for ICCES, click here.

New Ralph L. Carr Colorado Judicial Center To Welcome First Residents — the Colorado Supreme Court, Court of Appeals, Supreme Court Library, and Office of the State Court Administrator

On Monday, December 3, 2012, the Colorado State Judicial Branch announced that the Colorado Supreme Court, Colorado Court of Appeals, Supreme Court Library, and Office of the State Court Administrator will be moving into the newly constructed Ralph L. Carr Colorado Judicial Center on December 15 and 16, 2012.

In anticipation of the move, the Supreme Court and Court of Appeals will close at 4 p.m. on Friday, December 14. They will reopen in their new location on Wednesday, December 19. Any deadlines for filings on December 17 or 18 in either court are automatically extended to December 19. The Supreme Court will not announce any decisions on December 17 and the Court of Appeals will not announce any decisions on December 20.

The Supreme Court and Court of Appeals will stop checking out records on Friday, December 7, and will not accept records for return or filing until Friday, December 21. Any records with a due date during this time period are automatically extended until December 21.

The Supreme Court Library closed on November 23, and will also reopen on December 19. The Office of the State Court Administrator will close on Friday, December 14, and will reopen on Monday, December 17.

Additionally, a media tour of the new Justice Center is being planned for Tuesday, December 11. Details will follow on the State Judicial website. For more information regarding the move to the new Justice Center, click here.

State Judicial Revises Appellate, Garnishment, and Family Law Forms

The Colorado State Judicial Branch revised several forms in October in the appellate, garnishment, and family law categories. The appellate forms relate to an attorney’s limited appearance pursuant to the revisions to C.A.R. 5.

Most forms are available in Adobe Acrobat (PDF) and Microsoft Word formats; many are also available as Word and Excel templates. Download the new forms from State Judicial’s individual forms pages, or below.

APPEALS

  • JDF 640 – “Notice of Limited Appearance by Attorney with Consent of Pro Se Party Under C.A.R. 5” (Issued 10/12)
  • JDF 641 – “Consent to Limit Appearance by an Attorney Under C.A.R. 5” (Issued 10/12)
  • JDF 642 – “Notice of Completion of Limited Appearance Under C.A.R. 5” (Issued 10/12)

COUNTY CIVIL / DISTRICT CIVIL

  • Form 34 “Notice of Levy” (Revised 10/12) 
  • JDF 1338 – “Mandatory Disclosure” (Revised 10/12)

All of State Judicial’s forms may be found here.

State Judicial Announces Vacancies on Several Judicial Nominating Commissions

The Colorado State Judicial Branch announced 11 vacancies for attorneys on nominating commissions in 9 judicial districts. The application period opened Friday, September 21, and applications are due by 5 p.m. on October 22, 2012.

Each judicial district has a nominating commission comprised of three attorneys and four non-attorneys. No more than half of the members plus one may have the same political affiliation, and applicants must reside in the judicial district for which they seek appointment. Attorneys serve on the nominating commission as volunteers.

The judicial districts with vacancies on the nominating commissions are:

  • 6th Judicial District (applicant cannot be a registered Democrat);
  • 7th Judicial District (applicant must reside in Montrose County);
  • 11th Judicial District (applicant must reside in Chaffee or Fremont County);
  • 12th Judicial District (two vacancies; applicants must reside in Alamosa, Saguache, or Conejos County);
  • 13th Judicial District (applicant must reside in Kit Carson County);
  • 15th Judicial District;
  • 18th Judicial District;
  • 20th Judicial District (applicant cannot be a registered Democrat); and
  • 22nd Judicial District (two vacancies).

Applications may be found on the State Judicial website. They must be turned in to Cheryl Stevens via email (cheryl.stevens@judicial.state.co.us), fax (303-861-7429), or regular mail (100 W. Colfax Ave., Ste. 800, Denver, CO 80203).

Further information about the vacancies is available here from State Judicial.

“Notice and Payment for Cost of Care of Animals” Form Revised by Colorado State Judicial Branch

The Colorado State Judicial Branch revised one JDF form in September, “Notice and Payment for Cost of Care of Animals,” under the criminal category.

Most forms are available in Adobe Acrobat (PDF) and Microsoft Word formats; many are also available as Word and Excel templates. Download the new form from State Judicial’s individual forms pages, or below.

CRIMINAL

  • JDF 228 – “Notice and Payment for Cost of Care of Animals Pursuant to § 18-9-202.5, C.R.S.” (Revised 9/12)

All of State Judicial’s forms may be found here.