June 22, 2018

Patrick H. Hayes Appointed to 12th Judicial District Court

On Wednesday, June 17, 2015, the governor’s office announced Governor Hickenlooper’s appointment of Patrick H. Hayes to the district court bench in the Twelfth Judicial District. Hayes will fill a vacancy created by HB 15-1034, effective July 1, 2015.

Currently, Hayes is a county court judge in Rio Grande County, where he was appointed in 2011. He is also a Division 3 Water Referee. Prior to his appointment to the Rio Grande County Court, Hayes was in private practice at Hayes Law, P.C., where he practiced criminal defense. Hayes also served as Chief Deputy District Attorney in the San Luis Valley and was the juvenile court magistrate in Rio Grande County. He received his law degree, summa cum laude, from Oklahoma City University School of Law and his undergraduate degree from Cameron University.

Nominees Announced for 12th Judicial District Court Judgeship

On Monday, June 1, 2015, the Colorado State Judicial Branch announced the selection of three nominees for appointment to the bench of the Twelfth Judicial District. The selected nominee will fill a vacancy created by House Bill 15-1034, effective July 1, 2015. The three nominees are Patrick H. Hayes Jr of South Fork, Jason T. Kelly of Alamosa and Amanda K. Pearson of Crestone.

Patrick H. Hayes, Jr. is currently a county court judge in Rio Grande County, presiding over a mixed docket. Jason T. Kelly is a county attorney in Alamosa. Amanda K. Pearson is a county court judge in Saguache County.

Under the Colorado Constitution, Governor Hickenlooper has 15 days from June 1 in which to select one of the nominees for appointment. Comments regarding any of the nominees may be submitted to the governor at gov_judicialappointments@state.co.us. For more information about the nominees, click here.

Application Period Open for New Judgeship on Twelfth Judicial District Court Bench

The governor signed HB 15-1034 on Friday, March 20, 2015, which increased the number of district court judges in the Twelfth Judicial District from three to four, effective July 1, 2015. The Colorado State Judicial Branch announced on Friday, March 27, 2015, that applications are now being accepted for the forthcoming vacancy. Eligible applicants must be qualified electors of the Twelfth Judicial District (Alamosa, Conejos, Costilla, Mineral, Rio Grande, and Saguache counties) and must have been admitted to practice law in Colorado for five years. Application forms are available from the State Judicial website, and from the ex officio chair of the Twelfth Judicial District Nominating Commission, Justice Hood. Applications must be received no later than 4 p.m. on May 4, 2015, and anyone wishing to nominate another person must do so no later than 4 p.m. on April 27, 2015.

For more information about the vacancy, click here.

HB 15-1034: Adding a District Court Judge in the Twelfth Judicial District

On January 7, 2015, Rep. Edward Vigil and Sen. Larry Crowder introduced HB 15-1034 — Concerning an Increase in the Number of District Court Judges in the Twelfth Judicial District. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Effective July 1, 2015, the bill increases the number of district court judges in the twelfth judicial district from 3 to 4.

The bill was assigned to the House Judiciary and Appropriations Committees. The bill has passed out of the Judiciary Committee unamended and was referred to Appropriations.

Bills Regarding Recall Elections, Foreclosure Cure Funds, Protecting Rape Victims, and More Signed

The 2014 Legislative Session ended last Wednesday, but Governor Hickenlooper continues to sign legislation that passed through both houses this term. To date, the governor has signed 190 bills and vetoed two. He is expected to sign several more bills in the coming days and weeks. Summaries of bills signed on Friday, May 9, 2014 and Monday, May 12, 2014 are provided here.

Friday, May 9, 2014

  • HB 14-1327 – Concerning Measures to Expand the Deployment of Communication Networks and, in Connection Therewith, Enacting the “Broadband Deployment Act” and Making an Appropriation, by Reps. Angela Williams & Carole Murray and Sens. Mark Scheffel & Lois Tochtrop. The bill, highly praised by the governor, sets statewide policy regarding deployment of broadband technology.
  • SB 14-158 – Concerning the Harmonization of Statutory Recall Election Provisions with the Recall Provisions in the State Constitution to Reflect the Manner in which Contemporary Elections are Conducted, and, in Connection Therewith, Aligning Circular Regulation and Petition Requirements with Initiative and Referendum Circulator and Petition Requirements, by Sens. Pat Steadman & Matt Jones and Rep. Dickey Lee Hullinghorst. The bill eliminates certain conflicts between the state and federal constitutions regarding recall elections and makes changes to the procedure for recall elections.
  • SB 14-160 – Concerning Removing Limitations on a Transitional Living Program for a Person with a Brain Injury, by Sen. Linda Newell and Rep. Dianne Primavera. Currently, Medicaid waiver recipients with traumatic brain injury can receive transitional living services for 6 to 12 months. The bill removes the time limit for the services.
  • SB 14-161 – Concerning the Modernization of Provisions of the “Uniform Election Code of 1992” that Ensure Voter Access for Eligible Electors and, in Connection Therewith, Reducing the Deadline by which a Voter Registration Application Must be Submitted via Certain Methods, Altering Procedures Pertaining to National Change-of-Address Searches, Allowing Emergency Ballots to be Obtained for Nonmedical Reasons, Amending Provisions Relating to Military and Overseas Voters, Increasing the Penalty for Providing False Residential Information, Making the Aiding or Abetting the Provision of False Residential Information a New Felony Offense, and Making and Reducing Appropriations, by Sens. Jessie Ulibarri & Mike Johnston and Rep. Dickey Lee Hullinghorst. The bill makes several changes to the state’s Uniform Election Code of 1992.
  • SB 14-165 – Concerning the Percentage at Which to Rate the Student Academic Growth Standard for the Purpose of Licensed Personnel Performance Evaluations in the 2014-15 Academic Year, by Sens. Mike Johnston & Andy Kerr and Reps. Carole Murray & Cherylin Peniston. The bill allows a local school board to determine what percentage, if any, of a teacher’s performance evaluation must be based on student academic growth.
  • HB 14-1034 – Concerning the Creation of a Wine Packaging Permit to Allow Certain Alcohol Beverage Licensees to Package Wine Produced by Another Manufacturer, and, in Connection Therewith, Making an Appropriation, by Rep. Angela Williams and Sen. Cheri Jahn. The bill allows licensed wineries to package wine produced by other wineries.
  • HB 14-1061 – Concerning Sentences Imposing Monetary Payments in Criminal Actions and, in Connection Therewith, Eliminating Prison Sentences for Persons who are Unable to Pay Criminal Monetary Penalties, by Rep. Joseph Salazar and Sen. Lucia Guzman. The bill changes procedures for criminal defendants who fail to pay monetary fines.
  • HB 14-1095 – Concerning the Colorado Bureau of Investigation’s Authority to Investigate Computer Crime, and, in Connection Therewith, Making an Appropriation, by Reps. Daniel Kagan & Bob Gardner and Sen. Linda Newell. The bill authorizes the CBI to investigate cyber crime.
  • HB 14-1101 – Concerning a Partial Business Personal Property Tax Exemption for Community Solar Gardens, by Rep. Max Tyler and Sen. Gail Schwartz. Beginning in 2015, the bill exempts electricity generated by a community solar garden from property tax.
  • HB 14-1130 – Concerning the Disposition of Moneys Charged to Borrowers for Costs to be Paid in Connection with Foreclosure, by Rep. Beth McCann and Sen. Jessie Ulibarri. The bill establishes procedures for handling cure statements in foreclosure and directs that overpayments of funds paid to cure a debt in foreclosure must be returned to the borrower.
  • HB 14-1162 – Concerning Protection of the Victim of a Sexual Assault in Cases where a Child was Conceived as a Result of the Sexual Assault, and, in Connection Therewith, Making Legislative Changes in Response to the Study by and the Report of the Recommendations from the Task Force on Children Conceived Through Rape, by Rep. Lois Landgraf and Sen. Morgan Carroll. The bill adds several protections for victims of sexual assault who conceive children as a result of the assault, including allowing termination of the aggressor’s parent-child relationship even when no conviction occurred and requires victims and children to be referred to by their initials in termination proceedings.
  • HB 14-1181 – Concerning the Sunset Review of the Nurse-Physician Advisory Task Force for Colorado Health Care and, in Connection Therewith, Continuing the Task Force Through September 1, 2020, by Rep. Sue Schafer and Sen. John Kefalas. The bill repeals the sunset of the Nurse Physician Advisory Task Force, which evaluates the medication prescribing authority of nurse practitioners.
  • HB 14-1266 – Concerning the Penalties for Certain Value-Based Offenses, and, In Connection Therewith, Reducing an Appropriation, by Reps. Beth McCann & Bob Gardner and Sens. Linda Newell & Steve King. The bill makes adjustments to the penalties of certain value-based crimes, such as criminal mischief, fraud by check, and others.
  • HB 14-1284 – Concerning Registration with the Department of Revenue of Distinguished License Plates Issued to Members of the Colorado General Assembly, by Reps. Max Tyler & Don Coram and Sens. Nancy Todd & Larry Crowder. The bill proscribes procedures for the Department of Revenue to use when issuing legislative license plates.
  • HB 14-1290 – Concerning an Addition to the Definition of “Other Outlet” to Enable the Operation of a Remotely Located Telepharmacy Outlet, by Rep. KC Becker and Sen. Ellen Roberts. The bill allows telepharmacy practices for patients who communicate remotely with pharmacy outlets and specifies rules related to telepharmacy practices.
  • HB 14-1291 – Concerning Authorizing a Charter School to Employ a School Security Officer by Contract to Carry a Concealed Handgun if the Person has a Valid Conceal Carry Permit, by Reps. Mike McLachlan & Stephen Humphrey and Sens. Scott Renfroe & Lois Tochtrop. The bill allows charter schools to employ armed security officers.
  • HB 14-1295 – Concerning Residential Mortgage Foreclosures, and, in Connection Therewith, Requiring a Single Point of Contact and Prohibiting Dual Tracking, by Rep. Beth McCann and Sen. Jessie Ulibarri. The bill, which generally applies to servicers of mortgage loans, amends residential foreclosure statutes.
  • HB 14-1307 – Concerning the Recategorization of Mineral County for the Purpose of Statutory Provisions Fixing the Salaries of County Officers, by Rep. Edward Vigil and Sen. Larry Crowder. The bill reclassifies Mineral County for the purpose of establishing salaries for certain officials.
  • HB 14-1312 – Concerning Efforts to Reduce the Number of Foreclosures in Colorado, and, In Connection Therewith, Continuing the Foreclosure Deferment Program, by Rep. Angela Williams and Sen. Jessie Ulibarri. The bill extends the Foreclosure Deferment Program until September 1, 2015.
  • HB 14-1319 – Concerning the Creation of an Outcomes-Based Funding Model for Higher Education, and, in Connection Therewith, Making and Reducing Appropriations, by Reps. Mark Ferrandino & Chris Holbert and Sens. Kent Lambert & Nancy Todd. The bill creates a new mechanism for allocating state funds to institutions of higher education.
  • HB 14-1329 – Concerning the Exemption of Certain Internet-Protocol-Enabled Services from Oversight by the Public Utilities Commission, and, in Connection Therewith, Making an Appropriation, by Reps. Angela Williams & Carole Murray and Sens. Andy Kerr & Mark Scheffel. The bill deregulates certain telecommunications products, including voice-over-internet-protocol, most long distance services, certain operator services, and more.
  • HB 14-1330 – Concerning an Update of Telecommunications Terminology for Intrastate Telecommuncations Services, by Rep. Angela Williams and Sen. Lois Tochtrop. The bill amends statutory terms used in telecommunications regulation.
  • HB 14-1331 – Concerning the Regulation of Basic Local Exchange Service as it Affects Effective Competition, and, in Connection Therewith, Making an Appropriation, by Reps. Angela Williams & Carole Murray and Sens. Jeanne Nicholson & Andy Kerr. The bill modifies the statutory framework for regulation of local phone service.
  • HB 14-1345 – Concerning Authority for the Department of Higher Education to Transfer Moneys Allocated to the Governing Board of an Institution of Higher Education Between the Governing Board’s Spending Authority for College Opportunity Stipends as a Result of Increases or Decreases in Student Enrollment at the Institution of Higher Education, by the Joint Budget Committee. The bill allows the Department of Higher Education to make certain limited monetary transfers.
  • HB 14-1354 – Concerning the Ability of a County Clerk and Recorder to Seek Judicial Review of Final Action by the Secretary of State Relating to Elections, by Reps. John Buckner & Bob Gardner and Sens. Irene Aguilar & Larry Crowder. The bill allows a county clerk and recorder to seek judicial review in district court of certain Secretary of State actions related to elections.

May 12, 2014

  • HB 14-1008 – Concerning the Authorization of the Colorado Water Resources and Power Development Authority to Make Loans to Private Entities for Purposes of Forest Health Projects, by Rep. Millie Hamner and Sen. Gail Schwartz. The bill, recommended by the Wildlife Matters Review Committee, allows the Colorado Water Resources and Power Development Authority to make loans to private entities for forest health projects.
  • HB 14-1010 – Concerning Corrections to Statutory Provisions Relating to the Prescribed Burning Program Administered by the Division of Fire Prevention and Control in the Department of Public Safety, by Rep. Millie Hamner and Sen. George Rivera. The bill changes naming of “prescribed burn managers” to “certified burners” and removes certified burners from the list of people who can be in supervisory roles at prescribed burns.
  • SB 14-164 – Concerning Aerial Firefighting Efforts Through the Division of Fire Prevention and Control in the Department of Public Safety, and, in Connection Therewith, Implementing Recommendations Made by the Division Regarding the Colorado Firefighting Air Corps, by Sens. Morgan Carroll & Steve King and Reps. Bob Gardner & Mike McLachlan. The bill directs the Division of Fire Prevention and Control to maximize its aerial firefighting capacity.

For a list of Governor Hickenlooper’s legislative decisions, click here.

Ruth Acheson Appointed as New Mineral County Court Judge

On Thursday, August 30, 2012, Governor John Hickenlooper appointed Ruth Acheson to serve as a county court judge in the Twelfth Judicial District, which serves Mineral County. Acheson will fill the vacancy created by the retirement of the Honorable F. Stennard Lentz, effective January 8, 2013.

Acheson currently is in private practice for the Law Office of Ruth M. Acheson, a position she has held since 2004. Her practice consists exclusively of child protective issues. Prior to starting her own firm, Acheson worked as a public defender in the Twelfth Judicial District for nearly twenty years.

Acheson earned her bachelor’s degree from the University of Colorado and her law degree from Indiana University Maurer School of Law.

Finalists Selected to Fill Judgeship on Mineral County Court

The Twelfth Judicial District Nominating Commission has nominated three candidates for a Mineral County Court judgeship created by the retirement of the Honorable F. Stannard Lentz on January 8, 2013.

The nominees for the bench are Ruth Acheson of unincorporated Mineral County, and Phillip Nicholson and Larry Woods, who are both from Creede. All were selected by the commission on August 13, 2012.

Under the Colorado Constitution, Governor Hickenlooper has until August 29 to appoint one of the nominees as County Court Judge for Mineral County.

Comments regarding any of the nominees may be sent via e-mail to the governor at judicial.appointments@state.co.us.

Judge F. Stannard Lentz to Retire from Mineral County Court Bench

The Twelfth Judicial District Nominating Commission will meet Monday, August 13, 2012 at the Mineral County Courthouse to interview and select nominees for appointment by Governor Hickenlooper to the office of County Judge for Mineral County. The vacancy will be created by the retirement of the Honorable F. Stannard Lentz on January 8, 2013.

Eligible applicants for appointment to fill the vacancy must be qualified electors of Mineral County and must have graduated high school or attained the equivalent of a high school education as indicated by the Department of Education. Applications must be received by Friday, July 20. 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.