May 26, 2019

Archives for July 7, 2010

Montrose County Judge John Mitchel to Retire; Successor Nominees Sought

Montrose County Judge John J. Mitchel plans to retire in early January, State Judicial announced, and the Seventh Judicial District Nominating Commission is seeking individuals interested in succeeding him on the bench.

The Commission will convene at the Montrose County Justice Center on Monday, August 9, 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 Montrose County Court preside over traffic and misdemeanor criminal trials, civil cases under $15,000, restraining orders, felony preliminary hearings, and some felony sentencings. 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. Judge Mitchel’s successor will begin his or her term in January 2011.

All attorneys licensed to practice in Colorado and who are registered electors in Montrose County are eligible to apply for the judgeship. Detailed information about the Montrose 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 2 at 5:00 p.m.

Judge Mitchel has presided as Montrose County Judge since June 2000, while also serving as Acting District Judge for Montrose and Delta counties drug courts.

(image source: State Judicial)

New Judgeship Created in the 18th Judicial District

Applications for a new Eighteenth Judicial District judgeship are sought by the Judicial District’s Nomination Committee, State Judicial announced this month. The new judgeship was authorized by the passage of House Bill 07-1054 (pdf) in 2007, which funded several new positions on district and county court benches in Colorado.

The Eighteenth District Judicial Nominating Committee will convene on Monday, September 13, 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.

All attorneys licensed to practice in Colorado for at least five years and who are registered electors in the Eighteenth Judicial District are eligible to apply for the judgeship. Detailed information about the District and the application are available online.

Application packages (consisting of one original application plus seven copies) must be received by the office of Commission ex officio chair, Justice Alex J. Martinez, 101 W. Colfax Ave., Eighth Floor, no later than Thursday, September 2 at 5:00 p.m.

The Eighteenth Judicial District serves the nearly 850,000 residents of Arapahoe, Douglas, Elbert, and Lincoln counties, making it the most populous judicial district in Colorado. Matters heard at the district court level include felony criminal cases, civil cases, domestic relations cases, juvenile matters, appeals from municipal and county courts, and probate and mental health cases.

District court judges receive a provisional, two-year appointment by the governor, after which they are retained by voter approval every six years. The new judge’s appointment begins January 1, 2011, at an annual salary of $128,598.

Resource: New Probate Forms, Effective July 1, Released by State Judicial

State Judicial this month issued 15 new or revised probate forms of interest to all attorneys practicing trust and estate law in Colorado. The new forms went into effect on July 1, and practitioners should begin using them immediately.

All forms are available in Adobe Acrobat (PDF) and Microsoft Word formats. They are also available as Word templates; download templates from State Judicial’s Probate Instructions and Forms page.

  • JDF 721, “Irrevocable Power of Attorney” (revised, 7/10)
  • JDF 733, “Motion to Release Trust Registration Statement” (new, 7/10)
  • JDF 734, “Order to Release Trust Registration Statement” (new, 7/10)
  • JDF 805, “Acceptance of Office — Guardianships and Conservatorships” (revised 7/10)
  • JDF 841, “Petition for Appointment of Guardian for Adult” (revised, 7/10)
  • JDF 857, “Petition for Appointment of Co-Guardian or Successor Guardian” (revised, 7/10)
  • JDF 862, “Order Appointing Conservator for Minor” (revised, 7/10)
  • JDF 876, “Petition for Appointment of Conservator for Adult” (revised, 7/10)
  • JDF 878, “Order Appointing Conservator for Adult” (revised, 7/10)
  • JDF 879, “Petition for Appointment of Co-Conservator or Successor Conservator (revised, 7/10)
  • JDF 883, “Order Regarding Conservator’s Financial Plan” (revised, 7/10)
  • JDF 912, “Renunciation and/or Nomination of Personal Representative” (revised, 7/10)
  • JDF 940, “Information of Appointment” (revised, 7/10)
  • JDF 941, “Decedent’s Estate Inventory” (revised, 7/10)
  • JDF 999, “Collection of Personal Property by Affidavit” (revised, 7/10)

One instruction sheet was also updated:

  • JDF 998, “Instructions for Completing Affidavit for the Collection of Personal Property” (revised, 7/10)

If you need any of these forms in WordPerfect format, please contact Susan Hoyt at CBA CLE for assistance.

State Judicial is in the process of translating all of its forms into Spanish, but not all forms are available in Spanish yet. Please note that regardless of whether a form is English or Spanish, state statute (§ 13-1-120, C.R.S.) requires all forms to be completed in English.

Tenth Circuit: Opinions, 7/6/10

The Tenth Circuit on Tuesday issued no published opinions and one unpublished opinion.

Unpublished

Thomas v. Werholtz

No Colorado Supreme Court Opinions: Week of July 4, 2010

There are no new cases to report.