May 20, 2013

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Colorado Court of Appeals: Defendant Who Entered Guilty Plea Waived Right to Appeal Procedural Defect

March 5, 2013 by Leave a Comment

The Colorado Court of Appeals issued its opinion in People v. Garcia on Thursday, February 28, 2013.

County Court—Re-Filing Complaint—Jurisdiction—Statement of Good Cause—Crim.P. 5(a)(4)(VII).

Defendant appealed the order of the district court concluding it had jurisdiction to accept his guilty plea. The order was affirmed.

On August 28, 2008, the People filed a complaint against defendant in Alamosa County Court, alleging assault in the second degree. The complaint was dismissed after the prosecution was unable to produce witnesses for a preliminary hearing. On December 12, 2008, the People re-filed the complaint in Alamosa County Court. Defendant waived his right to a preliminary hearing, and on April 6, 2009, he pleaded guilty to felony menacing in Alamosa District Court.

Defendant argued that the prosecution was not permitted to re-file the charges in county court and, alternatively, that failure to include a statement of good cause with the re-filing of felony criminal charges in county court pursuant to Crim.P. 5(a)(4)(VII) created a jurisdictional bar to his prosecution. First, Crim.P. 5(a)(4)(VII) now authorizes the re-filing of charges in county court. Next, the prosecutor’s failure to file a statement of good cause was not a jurisdictional defect but a procedural defect, which defendant waived when he pleaded guilty.

Summary and full case available here.

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Revised Adoption, Appeals, Civil Court, and Juvenile Forms Issued by Colorado State Judicial

August 29, 2012 by Leave a Comment

The Colorado State Judicial Branch has continued to revise forms through July and August. The most recently revised forms include forms from the adoption, appeals, county civil, district civil, and juvenile categories. Practitioners should begin using the revised forms immediately.

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.

ADOPTION

  • JDF 501 – “Petition for Adoption” (Revised 7/12)
  • JDF 502 – “Petition for Stepparent Adoption” (Revised 7/12)
  • JDF 503 – “Petition for Custodial Adoption” (Revised 7/12)
  • JDF 505 – “Petition for Kinship Adoption” (Revised 7/12)

APPEALS

  • JDF 638 – “Complaint for Review of Administrative Action of the Colorado Department of Corrections” (Revised 8/12)
  • JDF 235 – “Notice of Record Certified to County Court – E-470 Case” (Revised 7/12)

COUNTY CIVIL

  • JDF 421 – “Petition for Change of Name of Minor Child” (Revised 7/12)

DISTRICT CIVIL

  • JDF 620 – “Instructions for Filing a Response to a Rule 120 Notice” (Revised 7/12)

JUVENILE

  • JDF 542 –  ”D&N Motion for Special Action” (Revised 7/12)
  • JDF 543 – “Order Regarding D&N Motion for Special Action” (Revised 7/12)
  • JDF 544 – “D&N Report of Special Action” (Revised 7/12)

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

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Bennet Morris Appointed as New Judge in Montrose County

August 13, 2012 by Leave a Comment

On Friday, August 10, 2012, Governor John Hickenlooper announced his appointment of Bennet Morris to serve as a Montrose County Court judge. Morris will fill the vacancy created by the resignation of the Honorable Jerry Montgomery. His appointment is effective immediately.

Morris is currently the Senior Assistant City Attorney for the city of Montrose, a position he has held since 2003. In this role, he provides a range of legal advice to the City Council, senior staff, the Planning Commission, and other city boards. He previously worked as an indemnity and claims evaluator at the Land Title Guarantee Company.

Morris earned his bachelor’s degree from the University of Cincinnati and his law degree from the University of Idaho.

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Finalists Selected to Fill Judgeship on Montrose County Court Bench

July 25, 2012 by 2 Comments

The Seventh Judicial District Nominating Commission has nominated three candidates for a Montrose County court judgeship created by the resignation of the Honorable Jerry Montgomery on July 3, 2012.

The nominees for the bench are Bennet Morris, Seth Ryan, and Jason Wilson. All nominees are from Montrose and were selected by the commission on July 24.

Under the Colorado Constitution, Governor Hickenlooper has until August 9 to appoint one of the nominees as County Court Judge for Montrose County.

Filed Under: Updates Tagged With: , , , ,

Ryan James Stuart and Jean Woodford Appointed as New Judges in Jefferson County

July 12, 2012 by Leave a Comment

On Thursday, July 12, 2012, Governor John Hickenlooper announced his appointments of Ryan James Stuart and Jean Woodford to serve as county court judges in the First Judicial District, which covers Jefferson County. Stuart will fill the judgeship created by the retirement of Honorable John A. DeVita II and Woodford will fill the judgeship created pursuant to HB 12-1073.

Stuart’s judicial appointment is effective August 31 and Woodford’s is effective immediately.

Stuart is currently a District Court Magistrate in the First Judicial District where the majority of his docket consists of domestic relations cases and some dependency and neglect cases. Prior to becoming a Magistrate Judge, Stuart was a Deputy District Attorney in the First Judicial District Attorney’s Office. He also practiced civil litigation as an associate at Davis Graham & Stubbs and Brownstein Hyatt & Farber.

Woodford currently works for the Colorado Attorney General’s Office as the First Assistant Attorney General, a position she has held since 2004. Woodford is responsible for the Financial Fraud Unit, which investigates and prosecutes securities fraud, insurance fraud, and auto theft. Previously, she worked as Acting District Attorney for the Seventh Judicial District and as Assistant District Attorney.

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New Colorado Courts E-Filing System to Launch January 1, 2013

July 9, 2012 by Leave a Comment

New E-Filing System: On January 1, 2013, the Colorado Judicial Branch’s new Integrated Colorado Courts E-Filing System (ICCES) will replace LexisNexis File & Serve. As of that date, all electronic filings for civil cases in the district, county, and appellate courts of Colorado will be made through the new ICCES program.

The State Judicial website has videos giving an overview of ICCES and a basic demonstration of filing a new case. Additionally, a new Pricing Model Sheet is available to review.

Pilot: On October 1, 2012, the Colorado Courts will begin the live transition from LexisNexis File & Serve to ICCES. Select judicial districts will pilot ICCES from October 1 through December 31. Pilot courts will require all e-filings be made through the ICCES system during this three-month period. Non-pilot courts will still require that all filings be made through LexisNexis. On January 1, 2013, the pilot will end and all judicial districts will fully transition to ICCES. To learn more about the pilot schedule, click here.

ICCES Account Pre-Registration: Law firms and agencies will need to register their organizations and request user accounts for ICCES. Pre-registration can be completed by clicking here.

Training: The Judicial Branch will begin ICCES training this August. Trainings will also be announced on the Judicial Branch website. To learn more about training opportunities, click here.

Stay informed about the ICCES transition by visiting the Colorado Judicial Branch’s E-Filing website, where regular updates will be posted.

E-mail ICCES-Feedback@judicial.state.co.us for any questions about the transition to ICCES.

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Judge Jerry Montgomery Resigning from Montrose County Court Bench

July 3, 2012 by 3 Comments

The Seventh Judicial District Nominating Commission will meet July 24, 2012 to interview and select nominees for appointment by Governor Hickenlooper to the office of County Judge for Montrose County. The vacancy will be created by the resignation of the Honorable Jerry Montgomery. The vacancy is effective immediately.

Judge Montgomery was appointed by then-Governor Bill Ritter in January 2011. He handled traffic and misdemeanor criminal trials, civil cases under $15,000, restraining orders, felony preliminary hearings, and some felony sentencings.

Eligible applicants for appointment to fill the vacancy must be qualified electors of Montrose County and must be admitted to the practice of law in Colorado. Applications must be received by Monday, July 16. The appointed county court judge will serve an initial provisional term of two years before facing a retention election. If retained in the general election, judges serve four-year terms.

Further information about applying for the vacancy is available here from the Colorado Judicial Branch.

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Scott Erickson Appointed as San Miguel County Court Judge

June 22, 2012 by Leave a Comment

On Friday, June 22, 2012, Governor John Hickenlooper announced his appointment of Scott Erickson to serve as the new County Court Judge in San Miguel County. Erickson will fill a vacancy created by the death of the Honorable Sharon Shuteran. Erickson’s appointment is effective immediately.

Erickson is currently in private practice and focuses on civil litigation matters, real estate, and business transactions. Additionally, he serves as Municipal Judge for the towns of Ophir and Rico, a position he has held since 1999 and 2001, respectively. He also serves as the Deputy Municipal Judge of Telluride, a position he has held since 1999.

Erickson earned his bachelor’s degree from North Park University and a his law degree from the University of Denver Sturm College of Law.

Filed Under: Updates Tagged With: , , , ,

Finalists Selected to Fill Judgeship on San Miguel County Court

June 5, 2012 by 1 Comment

The Seventh Judicial District Nominating Commission has nominated three candidates for a San Miguel County court judgeship created by the May 5, 2012, passing of the Honorable Sharon E. Shuteran.

The nominees for the bench are Scott Erickson and Jennifer Fox, both of Telluride, and Susanne Ross of Ophir. All candidates were selected by the commission on June 4.

Under the Colorado Constitution, Governor Hickenlooper has until June 19 to appoint one of the nominees as County Court Judge for San Miguel County.

Filed Under: Updates Tagged With: , , , ,

Colorado Supreme Court: Review of Final District Court Order Affecting County Court Case Is Available in the Court of Appeals

June 5, 2012 by Leave a Comment

The Colorado Supreme Court issued its opinion in People v. Maser on June 4, 2012.

Appellate Jurisdiction – Appeals from the District Court

The supreme court holds that the court of appeals has jurisdiction to review a final judgment from the district court, even when it is questionable whether the district court had jurisdiction in a case that was not properly transferred from the county court. The supreme court recognizes the important public policy underlying the organized resolution of legal disputes, especially in areas where the county court and district court retain concurrent jurisdiction, and thus holds that review of a final district court order affecting a county court case is available in the court of appeals.

Summary and full case available here.

Filed Under: Case Law Tagged With: , , , , ,

Judge Diana Barber to Retire from Montrose County Court Bench

April 17, 2012 by 1 Comment

The Seventh Judicial District Nominating Commission will meet May 23, 2012, at the Montrose County Justice Center, to interview and select nominees for appointment by Governor Hickenlooper to the office of associate county judge for Montrose County. The vacancy will be created by the retirement of the Honorable Diana Barber on April 30, 2012.

Pursuant to HB 12-1323, the qualifications for the Associate Montrose County Court have changed to require the judge to maintain his or her official residence in Montrose County (a class B county) and keep chambers in the portion of Montrose County included in the southwestern water conservation district. The chambers are currently in Nucla. The applicant must also be admitted to the practice of law in Colorado.

Applications are due by Friday, May 4. The appointed county court judge will serve an initial provisional term of two years before facing a retention election. Retained judges serve four-year terms.

Further information about applying for the vacancy is available here from the Colorado Judicial Branch.

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

Colorado State Judicial Revises Many JDF Instructions and Forms in March

April 11, 2012 by Leave a Comment

As part of its continuing efforts to keep JDF forms up-to-date, the Colorado State Judicial Branch revised several instructions and a few forms in March. Practitioners should begin using the new forms and instructions immediately.

All forms are available in Adobe Acrobat (PDF) and Microsoft Word formats. Download the new forms from State Judicial’s individual forms pages or below.

Adoption

  • JDF 495 – “Instructions for Second Parent Adoption” (revised 3/12)
  • JDF 497 – “Instructions for Validation of Foreign Adoption” (revised 3/12)
  • JDF 498 – “Instructions for Kinship Adoption” (revised 3/12)
  • JDF 499 – “Instructions for Custodial Adoption” (revised 3/12)
  • JDF 500 – “Instructions for Stepparent Adoption” (revised 3/12)
  • JDF 506 – “Notice of Adoption Proceeding and Summons to Respond” (revised 3/12)

Appeals

  • JDF 126 – “Instructions to File a County Court Civil or Small Claims Appeal” (revised 3/12)

County Civil / District Civil

  • JDF 86  – “Instructions for Issuing a Subpoena in Support of an Action Outside the State of Colorado” (revised 3/12)
  • JDF 96 – “Instructions for Filing an Answer and/or Counterclaim in County Court” (Money Demand) (revised 3/12)
  • JDF 100 – “Instructions for Forcible Entry and Detainer (FED) / Evictions” (revised 3/12)
  • JDF 110 – “Instructions for County Court Civil Cases (Money Demand)” (revised 3/12)
  • JDF 112 – “Instructions for Reviving a Judgment” (revised 3/12)
  • JDF 115 – “Instructions for Replevin” (revised 3/12)
  • JDF 122 – “Instructions for Issuance of Contempt Citation” (revised 3/12)
  • JDF 137 – “Instructions for Filing a Foreign Judgment” (revised 3/12)
  • JDF 385  – “Instructions for Filing a Change of Name to Obtain Identity-Related Documents” (revised 3/12)
  • JDF 420 – “Instructions for Filing for a Change of Name (Minor)” (revised 3/12)
  • JDF 432 – “Instructions for Filing a Change of Name (Adult)” (revised 3/12)
  • JDF 605 – “Instructions for Appealing Property Tax Assessments with the District Court” (revised 3/12)
  • JDF 611 – “Instructions to Seal Criminal Conviction Records” (revised 3/12)
  • JDF 620 – “Instructions for Filing a Response to a Rule 120 Notice” (revised 3/12)

Criminal

  • JDF 323 – “Instructions to File a Petition to Seal Underage Alcohol Conviction” (revised 3/12)
  • JDF 385 – “Instructions for Filing a Change of Name to Obtain Identity-Related Documents” (revised 3/12)
  • JDF 416 – “Instructions to File a Petition to Seal Arrest and Criminal Records” (revised 3/12)

Domestic

  • JDF 1215 – “Evaluation of a Foreign Decree, Foreign Custody-Determination, and Foreign Support Order” (revised 3/12)
  • JDF 1220 – “Instructions to Register a Foreign Decree” (revised 3/12)
  • JDF 1800 – “Instructions/Options to Enforce Orders” (revised 3/12)
  • JDF 1801 – “Instructions for Completing an Income Assignment Based on Child Support and/or Maintenance Orders” (revised 3/12)

Juvenile

  • JDF 323 – “Instructions to File a Petition to Seal Underage Alcohol Conviction” (revised 3/12)
  • JDF 385 – “Instructions for Filing a Change of Name to Obtain Identity-Related Documents” (revised 3/12)
  • JDF 476 – “Instructions to Discontinue Sex Offender Registration for a Colorado and Non-Colorado Juvenile Adjudication or Disposition” (revised 3/12)

Paternity

  • JDF 1500  – “Instructions to Establish Paternity” (revised 3/12)
  • JDF 1502 – “Summons in Paternity” (revised 3/12)
  • JDF 1513 – “Instructions to Disclaim Paternity” (revised 3/12)
  • JDF 1515 – “Summons to Disclaim Paternity” (revised 3/12)

Probate

  • JDF 782 – “Instructions to File Petition to Accept Adult Guardianship and/or Conservatorship in Colorado From Sending State” (revised 3/12)
  • JDF 786 – “Instructions to File Petition to Transfer Adult Guardianship and/or Conservatorship From Colorado to Receiving State” (revised 3/12)
  • JDF 820 – “Instructions for Appointment of Guardian for Minor by Will or Other Signed Writing” (revised 3/12)
  • JDF 823 – “Instructions for Appointment of a Guardian – Minor” (revised 3/12)
  • JDF 840 – “Instructions for Appointment of a Guardian – Adult” (revised 3/12)
  • JDF 860 – “Instructions for Appointment of a Conservator – Minor” (revised 3/12)
  • JDF 875 – “Instructions for Appointment of a Conservator – Adult” (revised 3/12)
  • JDF 887 – “Instructions to File a Petition to Terminate Conservatorship” (revised 3/12)
  • JDF 906 – “Instructions for Probate With a Will” (revised 3/12)
  • JDF 907 – “Instructions for Probate Without a Will” (revised 3/12)
  • JDF 957 – “Instructions for Closing an Estate Formally” (revised 3/12)
  • JDF 958 – “Instructions for Closing a Small Estate Informally” (revised 3/12)
  • JDF 959 – “Instructions for Closing an Estate Informally” (revised 3/12)
  • JDF 989 – “Instructions for Re-Opening an Estate” (revised 3/12)

Protection Orders

  • JDF 395 – “Instructions for Restrained Person – Motion to Modify/Dismiss Protection Order” (revised 3/12)
  • JDF 400 – “Instructions for Obtaining a Civil Protection Order” (revised 3/12)

Small Claims

  • JDF 248 – “Instructions for Filing a Small Claims Case” (revised 3/12)
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