August 24, 2019

Archives for August 5, 2010

Garfield County Court Judge Jason Jovanovich Decides Against Retention

Garfield County Court Judge Jason D. Jovanovich on Wednesday announced his intention not to stand for retention in this fall’s election.

The seven-member Ninth Judicial District Court Nominating Commission will convene at the Garfield Combined Courthouse in Glenwood Springs on Monday, August 30, to vet and interview applicants. Following the interviews, the Commission will recommend finalists to Gov. Bill Ritter, who is expected to announce his nominee within the 15-day period proscribed by the Colorado Constitution.

Situated in Colorado’s high country, Garfield County is home to just over 55,000 residents and incorporates the towns of Rifle, Glenwood Springs, and Carbondale. The Gilpin County Court judgeship is for a Special Associate County Judge “who shall maintain his official residence and court chambers in the city of Rifle,” as required by C.R.S. § 13-6-209. It is a part-time (90 percent) position, with an annual salary of $110,760.30.

Judges at the county court level receive a provisional, two-year appointment by the governor, after which they are retained by voter approval every four years. Judge Jovanovich’s successor will begin his or her appointment in January 2011.

Registered electors in Garfield County who are high school graduates or have attained its equivalence (via a GED) are eligible to apply for the judgeship. Detailed information about courts in the Ninth Judicial 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 Nancy E. Rice, 101 W. Colfax Ave., Eighth Floor, no later than Friday, August 20, at 12:00 p.m.

Tenth Circuit: Opinions, 8/4/10

The Tenth Circuit on Wednesday issued one published opinion and six unpublished opinions.

Published

In USA, ex rel. Jolene Lemmon v. Envirocare of Utah, Inc., the Court reversed the district court’s dismissal with prejudice of Petitioner’s complaint alleging false claims against the government. The Federal Rules of Civil Procedure do not require a plaintiff to “provide a factual basis for every allegation;” rather, to avoid dismissal, a plaintiff “need only show that, taken as a whole, a complaint entitles them to relief.” Because Petitioner’s complaint provided “enough information to describe a fraudulent scheme to support a plausible inference that false claims were submitted,” the dismissal was in error.

Unpublished

Kershaw v. People of Colorado

Lama-Tamang v. Holder, Jr.

Jagow v. Mutual of Omaha Ins. Co.

United States v. Hill

United States v. Wright

Inola Drug, Inc. v. Express Scripts, Inc.

U.S. Trustee Seeking Applicants for Chapter 7 Bankruptcy Panel

The Office of the United States Trustee in Denver seeks applicants to fill a vacancy on the Trustee’s Chapter 7 Panel serving Region 19.

The Panel administers United States Bankruptcy Court filings in Denver, Colorado Springs, Fort Collins, and Grand Junction.

Applicants must have strong administrative, and interpersonal skills, as well as meet the minimum requirements outlined in 28 C.F.R. Part 58.3. Fiduciary and bankruptcy experience is preferred, but not required. Applicants must qualify to be bonded, with the successful applicant undergoing a background check prior to appointment.

Interested individuals should submit a résumé no later than Saturday, August 28 to:

Office of the United States Trustee

ATTN: Laura Plumery

999 18th St., Suite 1551

Denver, CO 80202

Denver County Seeks New Judge to Succeed Retiring Judge Herbert Galchinsky

Veteran Denver County Court Judge Herbert Galchinsky has announced his retirement, and the Denver County Court Judicial Nomination Commission is accepting applications for Denver attorneys interested in succeeding him on the bench.

All attorneys licensed to practice in Colorado for at least five years and who are registered electors in Denver are eligible to apply for the judgeship. Application packages (consisting of one original application plus eight copies) must be received by the Denver County Court Presiding Judge’s Office at the City and County Building, 1437 Bannock St., Room 108, no later than Friday, August 13 at 5:00 p.m.

County court judges receive a provisional, two-year appointment by the governor, after which they are retained by voter approval every four years. The annual salary is $152,445.

Judge Galchinsky is affectionately nicknamed “Herbie the Love Judge” due to his popularity as a marriage official in his off hours.  He has served as a county judge for 16 years.

Image Source: Wikimedia Commons

Tenth Circuit: Opinions, 8/3/10

The Tenth Circuit on Tuesday issued one published opinion and ten unpublished opinions.

Published

In United States v. Landeros-Lopez, the Court affirmed the district court’s conviction of Petitioner for conspiracy to traffic methamphetamine, but vacated his sentence and remanded for resentencing. The district court erred in disallowing Petitioner to speak at his sentencing. Definitively announcing Petitioner’s sentence before allowing him to speak on his own behalf was a premature adjudication of his sentence; such action by the court “effectively communicated . . . that his sentence had already been determined,” and that any statement he could give would not be influential to the court.

Unpublished

Heutzenroeder v. Mesa County Valley School Dist. 51

United States v. Bischof

United States v. Carrillo

Bordock v. Arrowhead Mall

Garcia v. Berkshire Life Ins. Co.

Aviles v. Archuletta

Reed v. Timme

Martinez v. Astrue

Reyes v. Unknown Agent

Rawle v. Wyoming Dept. of Corrections