May 21, 2013

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Nominees Selected for Judgeship in Larimer County Court

April 18, 2013 by Leave a Comment

The Eighth Judicial District Nominating Commission met on April 10, 2013, to select nominees for a judgeship in the Larimer County Court in the Eighth Judicial District. The vacancy was created by the resignation of Hon. Ronald L. Schultz, effective April 30, 2013.

The three nominees are David Ayraud of Fort Collins, Mary Berenato of Fort Collins, and Kraig Ecton of Fort Collins. Under the Colorado Constitution, the governor has 15 days from April 11, 2013 to appoint one of the nominees. Comments about any of the nominees may be submitted to the governor via email at judicial.appointments@state.co.us.

For the full press release, including contact information for the nominees, click here.

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Colorado Court of Appeals: Board of Assessment Appeals Erred by Not Addressing YMCA’s Declaration of Religious Purposes

April 15, 2013 by Leave a Comment

The Colorado Court of Appeals issued its opinion in Larimer County Board of Commissioners v. Colorado Property Tax Administrator on Thursday, April 11, 2013.

Property Tax Exemption—Charitable Use Exemption—Religious Purpose Exemption—Jurisdiction.

In this property tax exemption case, the Young Men’s Christian Association of the Rockies (YMCA) and the Colorado Property Tax Administrator (Administrator) appealed the Board of Assessment Appeals (BAA) orders. The BAA found that the YMCA was not entitled to a charitable use exemption or a religious purposes exemption from property taxes, except for its chapels and religious activity center. The orders were vacated in part, the appeal was dismissed in part, and the case was remanded.

The YMCA owns and operates facilities in Grand and Larimer Counties. The Counties contended that the Court of Appeals did not have jurisdiction to entertain the Administrator’s appeal. Because the BAA did not recommend that the matter was of statewide concern, the Administrator may not appeal. Accordingly, the Court did not have jurisdiction to hear the Administrator’s appeal and, therefore, dismissed it.

The Counties contended that the Court did not have jurisdiction to entertain the YMCA’s appeal. CRS § 39-2-117(5)(b) gives any owner of taxable property in such county the right to appeal the tax administrator’s determination regarding an application for a property tax exemption. Therefore, the Court of Appeals had jurisdiction to hear the YMCA’s appeal from the BAA’s determination.

The YMCA also argued that the BAA erred when it found that the YMCA did not qualify for a religious purposes exemption. The BAA did not discuss the YMCA’s declared purpose in using the properties, whether the YMCA’s activities are in furtherance of the YMCA’s religious purposes, or whether the activities are an integral part of the YMCA’s religious worship. Further, the BAA did not address the YMCA’s declaration of religious purposes contained in its application, the effect of the declaration’s presumed validity, or whether the presumption had been overcome. Because such declarations are presumptive with regard to the religious purposes for which property is used, the BAA did not apply the proper legal standards and, therefore, erred as a matter of law.

The YMCA further contended that the BAA erred when it found that the YMCA did not qualify for a charitable use exemption. Based on the record, the BAA did not properly consider whether the YMCA used the properties solely and exclusively for charitable purposes. Accordingly, the BAA did not apply the correct legal standards and, therefore, erred as a matter of law.

Summary and full case available here.

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ICCES Implementation Delayed in 8th Judicial District

November 29, 2012 by Leave a Comment

The implementation of the pilot transition to the Integrated Colorado Courts E-Filing System (ICCES) has been delayed in the 8th Judicial District, which encompasses Larimer and Jackson counties. Originally scheduled for December 3rd, the ICCES pilot program will now begin there on December 19th. All electronic case filing must be done through ICCES once a pilot district goes live. ICCES has already begun in the 14th, 17th, and 20th Judicial Districts, and will go statewide January 1, 2013. For more information on ICCES, go to the State Court Administrator’s Office website.

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2011 Judicial Branch Awards Received by 1st, 7th, 8th, 16th, 17th, and 18th Judicial Districts

June 11, 2012 by Leave a Comment

Several Judicial Branch Awards for 2011 were announced on Monday, June 11, 2012:

  • The 2011 Colorado Judicial Branch Team of the Year award went to the Eighth Judicial District Juvenile Probation Unit;
  • The 2011 Colorado Judicial Branch Manager of the Year award went to David Book, a probation supervisor in La Junta in the Sixteenth Judicial District;
  • The 2011 Colorado Judicial Branch Court Employee of the Year award went to Jenni Turnidge, managing court interpreter for the Eighteenth Judicial District;
  • The 2011 Colorado Judicial Branch State Court Administrator’s Office Employee of the Year award went to Emy López;
  • The 2011 Colorado Judicial Branch Judicial Officer of the Year award went to the Honorable Sandra K. Miller, Delta County Court Judge; and
  • The 2011 Colorado Judicial Branch Probation Employee of the Year award went to Judy Sanger, a probation officer who works with juveniles in the First Judicial District.

The Colorado Judicial Branch annually recognizes a handful of outstanding employees for exemplary work contributing to the high quality of service provided throughout the state’s twenty-two judicial districts.

Nominating the Juvenile Probation team were numerous professionals involved in juvenile justice and rehabilitation throughout the Eighth Judicial District, which serves Jackson and Larimer counties.

Members of the Eighth Judicial District Probation Team are Francesca Arruzza-Obrien, Lori Bragg, Denise Cosgrove, Moriah Eisert, Courtney Gailey, Paula Gates, Tom Harbaugh, Tonya Hertz, Lawrence Hollier, Dirk Kettlekamp, Jessica Link, Mandi Lozano, Scott Newbold, Trevor Quinlivan, Tracy Stromberg, Dixie Vogel, Gordon Walker, and Carol Wright.

Book was nominated for the award by Sixteenth Judicial District Chief Probation Officer Tobin Wright, Chief Judge Jon Kolomitz, other members of the probation department, and Joseph Carrica III, assistant executive director for the Southeast Behavioral Health Group.

Turnidge was nominated for the award by twenty-two district and county court judges and magistrates serving the Eighteenth Judicial District. The judicial officers nominated Turnidge because she exemplifies the dedication and devotion to the Judicial Branch to which all Judicial employees should aspire.

López was nominated for the award by Colleen Kent, managing court interpreter for the Seventeenth Judicial District.

Judge Miller was nominated for the award by Pamela Bliss, volunteer coordinator with Meth Free Delta County, and Seventh Judicial District Probation Officer Juan P. Gallegos.

Sanger was nominated for the award by several judges, a prosecutor, and others involved with the Jefferson County Mental Health Court, where she was the first supervising probation officer.

The Colorado Judicial Branch includes the Supreme Court and Court of Appeals, as well as the state’s district and county trial courts.  The branch is also home to the Department of Probation Services, which employs more than 1,100 people including approximately 900 probation supervisors and officers.  The department’s officers are responsible for supervising more than 6,000 juvenile offenders and more than 54,000 adult offenders.

As of July 1, 2011, the Colorado Judicial Branch employed approximately 3,400 employees, which includes 374 justices, judges, and magistrates. In fiscal year 2011, the latest for which full statistics are available, there were 505,265 cases filed statewide at the County Court level, 246, 728 filed in District Court, 2,742 in the Court of Appeals and 1,387 in the Supreme Court.  There were an additional 956 cases filed in the Water Courts.

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Larimer County Justice Center Hosting Blood Drive on Friday

September 12, 2011 by Leave a Comment

The Larimer County Justice Center will be having a Blood Drive on Friday, September 16, 2011. The Garth Englund Donor Center requires that we have at least twenty people signed up for the blood drive to ensure they can come.

The Blood Drive will be held in the Jury Assembly room on the Second Floor of the Larimer County Justice Center from 8:00 am – 3:00 pm.

Walk-ins are welcome, but to help with planning and scheduling please stop by the JURY office on the second floor to sign up for a time. You can also e-mail or call to schedule an appointment: lori.johnson@judicial.state.co.us or (970) 498-6263.

Be sure to eat before donating and bring a picture ID with you!

Free Juice, Pretzels, and Cookies will be provided!

Sign up today to make the Justice Center Blood Drive successful!

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Carolyn Pannell Named as New District Court Magistrate for Larimer County

August 15, 2011 by Leave a Comment

On Monday, August 15, 2011, Chief Judge Stephen Schapanski announced that he has selected Carolyn Pannell to join the Eighth Judicial District as a district court magistrate for Larimer County. Pannell will replace the Honorable Susan J. Winfield, whose retirement is effective October 1, 2011.

Since March of 2009, Pannell has been a staff attorney with the Bringing Justice Home Project, which provides legal representation to victims of domestic violence, sexual assault, and stalking in Larimer, Weld, Routt, Grand, and Moffat counties. Previously, she was a solo family law practitioner in Fort Collins. Pannell earned her law degree from the University of Florida.

Pannell will take the bench on October 3, 2011. Her docket will be a mix of dependency and neglect, child support enforcement, and contempt hearings in family and juvenile cases.

Click here to read the full press release from State Judicial regarding the appointment of Carolyn Pannell.

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Colorado Judicial Institute to Honor Judges Kuenhold, Stewart, and Carney, and Magistrate Rubinstein at Excellence Dinner; CNN’s Jeffrey Toobin to be Keynote Speaker

August 1, 2011 by 1 Comment

The Colorado Judicial Institute (CJI) has announced that the 2011 Judicial Excellence Awards will be presented to the following outstanding judges and magistrates at the Judicial Excellence for Colorado Dinner on November 1, 2011:

  • District Court Chief Judge O. John Kuenhold (12th Judicial District)
  • District Court Presiding Judge C. Jean Stewart (Denver Probate Court)
  • County Court Judge Christine Carney (Larimer County)
  • Magistrate Stephanie Rubinstein (Mesa County).

Judicial Excellence Award honorees all display innovation, efficiency, and dedication to the law and are highly respected members of the Colorado Bar.

Jeffrey Toobin, one of the country’s leading experts on the intersection of politics, media, and the law, will be the keynote speaker for the ninth annual dinner event. Toobin is CNN’s senior legal analyst as well as a staff writer for The New Yorker. He is perhaps best known for his comprehensive analysis of some of the nation’s highest profile cases in recent years, including the O.J. Simpson murder trial, Kenneth Starr’s investigation and the impeachment of President Clinton, Florida’s recount of the 2000 presidential election, and Martha Stewart’s insider trading trial. In 2000, Toobin received an Emmy for his coverage of the Elian Gonzales custody saga. Toobin is also an accomplished author; his most recent book is The Nine: Inside the Secret World of the Supreme Court.

The Judicial Excellence Dinner generates significant funding for the Judicial Education Fund held at the Denver Foundation. The Fund provides grants to justices, judges, magistrates and full time judicial department personnel to attend educational courses.

The event will be held at the Denver Marriott City Center, 1701 California Street, in Denver, Colorado. A cocktail reception starts at 6:00 pm with the dinner event beginning at 7:00 pm.

For more information about the event, purchasing tickets, or becoming a sponsor, click here.

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Finalists Selected to Fill Magistrate Vacancy in Larimer County District Court

July 22, 2011 by Leave a Comment

The Eighth Judicial District Nominating Commission has nominated three candidates for an open magistrate position in Larimer County.

Nominees for the bench are David Ayraud and Carolyn Pannell, both of Fort Collins, and Holly Panetta, of Severance. All finalists were selected in a meeting at the Larimer County Courthouse on July 21, 2011.

Eighth Judicial District Court Chief Judge Stephen Schapanski will make the final decision on which candidate to appoint, but is asking for public input on the candidates.

Comments regarding any of the nominees may be sent to Eighth Judicial District Administrator Janelle Brunin via e-mail or by mail sent to her attention at 201 LaPorte Avenue, Suite 100, Fort Collins, Colorado 80521.  Public comment on the nominees will be taken until Friday, August 5, 2011 at 5:00 pm.

A complete job description for a magistrate employed by the Colorado Judicial Department is posted here.

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Larimer County DUI Court Celebrates its First Anniversary

July 15, 2011 by Leave a Comment

Today, Friday, July 15, 2011, the Larimer County DUI Court is celebrating its first anniversary. The problem-solving court opened in July 2010 with the mission of promoting public safety by providing qualifying repeat DUI offenders with intensive court supervision, prompt and comprehensive access to treatment, and accountability for their progress in the program. The court’s main priorities are reducing the occurrence of DUIs in Larimer County and the rehabilitation and accountability of those most at risk to commit the offense.

The DUI Court program applies cost-effective, evidence-based methods to achieve its outcomes. Participants are reviewed regularly by the network of agencies that make up the DUI Court team, which includes representatives from the Probation Department, the District Attorney’s Office, the Public Defender’s Office, the private defense bar, local treatment providers, and the Larimer County offices for the Sheriff, Criminal Justice Services, Alternative Sentencing Department, and Pretrial Services.

Participants work to improve all areas of their lives, but the treatment of their substance abuse issues is the primary emphasis of their supervision.  Participants are encouraged to build positive, sober connections in the community that will help them to live more successfully in recovery and reduce the incidence of relapse.

The DUI Court requires a minimum of eighteen months of participation over four phases to complete. Of the court’s twenty-one participants, four have reached the third phase of the program, and several more promotions to Phase 3 are anticipated by the end of the summer.

The program is offered to qualifying repeat DUI defendants through a sentence agreement with the District Attorney, with reduced jail offered as an incentive to participate. Through mid-July, the current participants’ willingness to submit to the rigors of the DUI Court saved the county approximately 1,900 days of jail time that would have otherwise been imposed.

More than sixty problem-solving courts are in operation in seventeen of Colorado’s twenty-two judicial districts. In addition to DUI courts, other problem-solving courts operating in the state include adult and juvenile drug courts and mental health courts, dependency and neglect courts for families, truancy courts, and a veteran trauma court.  In addition to the DUI Court, Larimer County also operates adult and juvenile Drug Courts and a Dependency/Neglect Court.

Click here to read the full press release regarding the DUI Court anniversary from State Judicial

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The Larimer County Child Support Enforcement Unit Has Moved

June 23, 2011 by Leave a Comment

As of May 24, 2011, the Larimer County Child Support Enforcement Unit has moved.

Their new address is 2601 Midpoint Drive, Suite 112, Fort Collins, Colorado 80525.  While this is their physical address, their mailing address is remaining the same; please continue to mail things to 1501 Blue Spruce Drive, Fort Collins, Colorado 80524.

Additionally, the Unit also has a new phone number, (970) 498-7600, and a new fax number, (970) 498-7605.

Office hours are Monday – Friday, 8:00 am to 4:30 pm.

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Eighth Judicial District’s Adult Drug Court Celebrating National Drug Court Month: A Proven Budget Solution

May 27, 2011 by Leave a Comment

The Denver Drug Court isn’t the only problem-solving court in Colorado celebrating National Drug Court Month. This month, the Eighth Judicial District Adult Drug Court is also recognizing the 162 people who have graduated from the program since it began a decade ago.

District Court Judge Daniel J. Kaup presides over the court in Larimer County, where programs identify substance abusers in the criminal justice system. Participants are held accountable through an integrated supervision program designed to address substance abuse issues through treatment and rehabilitation. Judges, prosecutors, defense attorneys, probation officers, treatment providers, and court staff work collaboratively to enforce compliance with court orders through a system of graduated rewards and sanctions. Accordingly, frequent court appearances before a sitting judge is an important factor for success in the program.

The program currently has sixty-three participants and has successfully graduated 162 people in the last decade. Locally, 93% of drug court graduates are not charged with a new felony or misdemeanor within a year after their graduation; 80% have not been charged with a new felony or misdemeanor within three years of graduating.

In addition to the Adult Drug Court, Larimer County began a DUI Court in July 2010, and is also home to a Juvenile Drug Court Program, a Family Treatment Court, and Colorado State University administers a Campus Court.

In honor of National Drug Court Month, the national focus is on the monumental societal and economic benefits of Drug Courts. At a time when local, state, and federal budgets are stretched, Drug Courts are highlighting their programs as effective tools for reducing substance abuse and crime and improving safety, and as more cost effective than straight incarceration. More information on the success of Drug Courts and National Drug Court Month can be found at the National Association of Drug Court Professionals website.

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Update: Judge Cynthia Hartman to Retire from Larimer County Court; Nominating Commission Seeks Successor

July 12, 2010 by 1 Comment

Larimer County Judge Cynthia M. Hartman plans to retire this November, State Judicial announced Friday, and the Eighth Judicial District Nominating Commission is seeking individuals interested in succeeding her on the bench.

The seven-member Commission will convene at the Larimer County Justice Center in Old Town Fort Collins on Monday, August 16, to review applications and recommend nominees to fill the vacancy. Following the interviews, the Commission will recommend finalists for Gov. Bill Ritter to consider for appointment, and the governor will announce his appointee within 15 days.

Judges in the Larimer County Court preside over traffic, small claims (up to $7,500), civil (up to $15,000), infractions, and misdemeanor cases. They receive a provisional, two-year appointment by the governor, after which they are retained by voter approval every four years. The annual salary is $123,067.

All attorneys licensed to practice in Colorado and who are registered electors in Larimer County are eligible to apply for the judgeship. Detailed information about the Larimer County Court and the application are available online. Application packages (consisting of one original application plus eight copies) must be received by the office of Commission ex officio chair, Justice Gregory J. Hobbs, Jr., 101 W. Colfax Ave., Eighth Floor, no later than Monday, August 9 at 5:00 p.m.

Judge Hartman devoted most of her legal career to public service, starting in 1981, as staff attorney, then managing attorney, for Colorado Rural Legal Services (now Colorado Legal Services). In 1998, she became a district court magistrate, where she presided over a family law and small claims docket for ten years, until Gov. Ritter appointed her to the county court bench in 2008. She has elected to retire at the end of this, her provisional two-year, term.

In other Eighth Judicial District news, Larimer County this month began operating a specialized DUI Court, the eighth such court in Colorado. DUI courts focus on rehabilitation, rather than incarceration, as a way to defeat recidivism in repeat DUI offenders. Magistrate Matthew Zehe presides over the Larimer County DUI Court.

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