May 22, 2013

HB 12-1073: Transferring a Judgeship from the First Judicial District to the Sixth Judicial District

On January 11, 2012, Rep. J. Paul Brown and Sen. Ellen Roberts introduced HB 12-1073 – Concerning the Transfer of a Judgeship from the First Judicial District to the Sixth Judicial District. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill decreases the number of judges in the first judicial district from 14 to 13 and increases the number of judges in the sixth judicial district from 3 to 4. The unamended bill passed 3rd Reading in the House on February 9. The LPC voted to support the bill as part of the package of Judicial Department Budget priorities.

Since this summary, the bill was introduced in the Senate and assigned to the Judiciary Committee.

Summaries of other featured bills can be found here.

Chief Judge C. Dennis Maes to Retire from Tenth Judicial District Bench

The Tenth Judicial District Nominating Commission will meet April 3, 2012 to interview and select nominees for appointment by Governor Hickenlooper to the office of District Judge for the Tenth Judicial District, which covers Pueblo County.  The vacancy will be created by the retirement of the Honorable C. Dennis Maes on June 1, 2012.

Judge Maes has been a Pueblo District Court Judge since 1988 and became Chief Judge in 1995. Before being appointed to he bench, Judge Maes spent time in private practice and was also a public defender in the Pueblo Public Defender’s Office and a past director of Pueblo County Legal Services.

Eligible applicants for appointment to fill the vacancy must be qualified electors of the Tenth Judicial District and must be admitted to the practice of law in Colorado for five years. Applications must be received by Tuesday, March 13. The appointed district court judge will serve an initial provisional term of two years before facing a retention election. Retained judges serve six-year terms.

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

Rate of Interest on Appealed Judgments to Remain 3% in 2012

The Colorado Supreme Court has revised a Chief Justice Directive, which maintains the rate of interest on judgments which are appealed at 3% for 2012, in accordance with C.R.S. §§ 5-12-106(2)(a) and 13-21-101(3).

The Colorado Secretary of State has certified the rate of interest, which Chief Justice Bender approved on February 7, 2012.

The details are outlined in CJD 85-22 – “Rate of Interest on Judgments Which Are Appealed”

Judge Diana Barber to Retire from Montrose County Court Bench

The Seventh Judicial District Nominating Commission will meet March 19, 2012 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 March 30, 2012.

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. Applicants must also reside in the Southwest Water Conservation District (link below provides map). Applications must be received by Wednesday, February 29. 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.

Judge Robert H. Russell, II to Retire from Eighteenth Judicial District Court Bench

The Eighteenth Judicial District Nominating Commission will meet March 26, 2012 to interview and select nominees for appointment by Governor Hickenlooper to the office of District Judge for the Eighteenth Judicial District, which serves Arapahoe, Douglas, Elbert and Lincoln counties. The vacancy will be created by the retirement of the Honorable Robert H. Russell, II on May 31, 2012.

Judge Russell was appointed to the district court bench in 1998. Prior to that appointment, he served in the Arapahoe County Court beginning in 1989. His initial appointment to the bench was as an Arapahoe County Magistrate in 1985, after serving in the Arapahoe County District Attorney’s office and in private practice. His current caseload consists of criminal and civil adjudication, but he also serves in the Domestic Relations division.

Eligible applicants for appointment to fill the vacancy must be qualified electors of the Eighteenth Judicial District and must be admitted to the practice of law in Colorado for five years. Applications must be received by Wednesday, March 7. The appointed district court judge will serve an initial provisional term of two years before facing a retention election. Retained judges serve six-year terms.

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

Finalists Selected to Fill Judgeship on Pueblo County Court

The Tenth Judicial District Nominating Commission has nominated three candidates for a Pueblo County Court judgeship created by the retirement of the Honorable Ernest J. Ruybalid, effective January 31, 2012.

The nominees for the bench are Shad Brown of Pueblo West, and David Lobato and Margaret Vellar, both of Pueblo. All finalists were selected by the Commission on January 20.

Under the Colorado Constitution, Governor Hickenlooper has until February 7, 2012 to appoint one of the nominees as County Court Judge for Pueblo County.

Comments regarding any of the nominees can be emailed to the Governor’s Office.

Filing Fees Temporarily Reduced in Certain Civil Actions

The Colorado Supreme Court has issued a new Chief Justice Directive, which temporarily reduces the filing fees for certain civil actions, effective January 23, 2012.

CJD 12-02 temporarily decreases filing fees credited to the Justice Stabilization fund.  Pursuant to Colorado Revised Statutes, cash funds must maintain no more than a 16 percent excess fund balance, and it is projected that the fund will exceed this target reserve limit.  In order to comply with the statutory requirement, Chief Justice Bender has temporarily reduced filing fees.

As necessary, the Chief Justice may later increase these fees back to their statutorily permitted level.

The reduced fees apply across the board throughout Colorado courts and are outlined in Appendix A to CJD 12-02 – “Temporary Reduction of Filing Fees in Certain Civil Actions”

Questions about the change may be directed to Linda Bowers, Court Services Manager, at (720) 921-7839 or linda.bowers@judicial.state.co.us.

Chief Justice Roberts Issues 2011 Year-End Report on the Federal Judiciary

United States Supreme Court Chief Justice John Roberts, Jr. has issued his 2011 Year-End Report on the Federal Judiciary. The Report discusses federal judges’ Code of Conduct, financial disclosures and gift regulation, and recusal. Justice Roberts’ Report also provides an appendix covering the workload of the many federal courts over the last year:

In 2011, caseloads increased in the U.S. district courts and in the probation and pretrial services offices, but decreased in the U.S. appellate and bankruptcy courts. Total case filings in the district courts grew 2% to 367,692. The number of persons under post-conviction supervision rose 2% to 129,780. Cases opened in the pretrial services system also went up 2%, reaching 113,875. In the U.S. courts of appeals, though, filings dropped 1.5% to 55,126. Filings in the U.S. bankruptcy courts, which had climbed 14% in 2010, declined 8% this year to just below 1.5 million petitions.

The Supreme Court of the United States

The total number of cases filed in the Supreme Court decreased from 8,159 filings in the 2009 Term to 7,857 filings in the 2010 Term, a decrease of 3.7%. The number of cases filed in the Court’s in forma pauperis docket decreased from 6,576 filings in the 2009 Term to 6,299 filings in the 2010 Term, a 4.2% decrease. The number of cases filed in the Court’s paid docket decreased from 1,583 filings in the 2009 Term to 1,558 filings in the 2010 Term, a 1.6% decrease. During the 2010 Term, 86 cases were argued and 83 were disposed of in 75 signed opinions, compared to 82 cases argued and 77 disposed of in 73 signed opinions in the 2009 Term.

The Federal Courts of Appeals

Filings in the regional courts of appeals fell 1.5% to 55,126. Growth occurred in original proceedings and bankruptcy appeals. Appeals arising from the district courts decreased. Although civil appeals remained fairly stable, reductions occurred in many types of criminal appeals. Appeals of administrative agency decisions declined as a result of the continued drop in filings related to the Board of Immigration Appeals.

The Federal District Courts

Civil filings in the U.S. district courts grew 2% to 289,252 cases. Fueling this growth was a 2% increase in federal question cases (i.e., actions under the Constitution, laws, or treaties of the United States in which the United States is not a party in the case), which resulted mainly from cases addressing civil rights, consumer credit, and intellectual property rights.

Cases filed with the United States as a party climbed 9%. Those with the United States as plaintiff increased in response to a surge in defaulted student loan cases. Cases with the United States as defendant rose largely because of growth in Social Security cases.

Although criminal case filings (including transfers) remained stable (up by 12 cases to 78,440), the number of criminal defendants increased 3% to set a new record of 102,931. Growth in filings occurred for defendants charged with drug crimes, general offenses, firearms and explosives offenses, sex offenses, and property offenses.

Filings for defendants charged with immigration offenses fell for the first time since 2006, decreasing 3%. The southwestern border districts accounted for 74% of the Nation’s total immigration defendant filings, up from 73% in 2010.

The Bankruptcy Courts

Filings of bankruptcy petitions declined 8% to 1,467,221. This was the first reduction since 2007, when filings plunged after the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 took effect. Filings for 2011 were lower in 87 of the 90 bankruptcy courts. Nonbusiness petitions fell 8%, and business petitions dropped 14%.

Bankruptcy petitions decreased 10% under chapter 7, 16% under chapter 11, and 4% under chapter 13.

The Federal Probation and Pretrial Services System

The 129,780 persons under post-conviction supervision on September 30, 2011, represented an increase of 2% over the total from the previous year. The number of persons serving terms of supervised release after their departure from correctional institutions grew 2% to 105,037, and amounted to 81% of all persons under supervision.

Cases opened in the pretrial services system in 2011, including pretrial diversion cases, rose 2% to 113,875.

Click here to read the full report issued by the United States Courts.

Governor Hickenlooper Appoints Zenisek to First Judicial District Court

On Wednesday, December 21, 2011, Governor John Hickenlooper announced his appointment of Christopher Clayton Zenisek to serve as a district court judge in the First Judicial District, serving Jefferson and Gilpin counties. The appointment is effective immediately.

Zenisek will fill the vacancy created by the appointment of the Honorable Brian Boatright to the Colorado Supreme Court.

Zenisek, of Golden, currently serves as an Assistant District Attorney for the Twentieth Judicial District, a position he has held since 2009. Previously, Zenisek worked an associate at Brownstein Hyatt Farber Schreck, P.C., and served as a law clerk for United States District Judge Lewis Babcock. Zenisek earned his bachelor’s degree from University of Colorado and his law degree from the University of Denver.

Finalists Selected to Fill Judgeship on Arapahoe County Court

The Eighteenth Judicial District Nominating Commission has nominated three candidates for an Arapahoe County Court judgeship created by the retirement of the Honorable Ethan D. Feldman, effective December 31, 2011.

The nominees for the bench are Michelle Amico of Littleton, M. Paula Ashen of Centennial, and Cheryl Rowles-Stokes of Aurora. All were selected by the Commission on December 19.

Under the Colorado Constitution, Governor Hickenlooper has until January 4, 2012 to appoint one of the nominees as County Court Judge for Arapahoe County.

Comments regarding any of the nominees can be emailed to the Governor’s Office.

Governor Hickenlooper Appoints James Michael Wittler to Sedgwick County Court

On Friday, December 9, 2011, Governor John Hickenlooper announced his appointment of James Michael Wittler to serve as a county court judge in the Thirteenth Judicial District. His judicial appointment is effective February 3, 2012.

Wittler will fill the vacancy created by the retirement of the Honorable Max E. Carlson.

Wittler, of Julesberg, currently practices law with Vandermoer & Carlson, P.C., where he focuses on property, real estate, estate planning, probate, contracts, family law, and employment. Previously, he worked for the U.S.D.A. Natural Resource Conservation Service as a Soil Conservationist. He earned both bachelor’s and master’s degrees from Colorado State University; he earned his law degree from the University of Colorado School of Law.

Judge Ernest J. Ruybalid to Retire from Pueblo County Court Bench

The Tenth Judicial District Nominating Commission will meet on January 20, 2012 to interview and select nominees for appointment by Governor Hickenlooper to the office of County Judge for Pueblo County. The vacancy will be created by the retirement of the Honorable Ernest J. Ruybalid on January 31, 2012.

Judge Ruybalid was admitted to law practice in 1979. He was in private practice and public practice as an Assistant City Attorney and Assistant County Attorney until appointment to the County Court bench in Pueblo in 1997.

Eligible applicants for appointment to fill the vacancy must be qualified electors of Pueblo County and must be admitted to the practice of law in Colorado. Applications must be received by Wednesday, January 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.

Protected

2013-05-23 05:51:16