May 18, 2019

Archives for March 14, 2011

Judgeship Updates: Week of March 6, 2010

On Wednesday, March 9, 2011, President Barack Obama nominated former Kansas Attorney General Steve Six to the Tenth Circuit Court of Appeals in Denver. Six will succeed Deanell Tacha, who is stepping down from the bench to assume the position as Pepperdine University’s dean of law.

Steve Six has worked as a partner at the law firm at Stevens & Brand since January of this year.  Previously, Six served as the Attorney General of Kansas, a position to which he was appointed in 2008. . . . Before becoming attorney general, Six served as a state district court judge from 2005 to 2008, hearing both civil and criminal cases.  From 1994 to 2005, Six worked at the Kansas City law firm of Shamberg, Johnson & Bergman, first as a litigation associate from 1994 to 1998 and later as a partner from 1998 to 2005.  From 1993 to 1994, he served as a judicial law clerk to Judge Deanell R. Tacha of the United States Court of Appeals for the Tenth Circuit.  He received his J.D. in 1993 from the University of Kansas School of Law, graduating second in his class.

On Friday, March 11, 2011, Governor John Hickenlooper signed a bill that adds a district judgeship in the western slope’s Seventh Judicial District, which serves Delta, Gunnison, Hinsdale, Montrose, Ouray, and San Miguel counties. SB 11-028 transfers the judgeship west, eliminating it as a vacant district judgeship in the First Judicial District, which serves Jefferson and Gilpin counties. The bill was sponsored by legislators from the western slope, and agreed to by the First Judicial District.

Bill Setting Marijuana DUI Levels Advances to Appropriations Committee

Last week, the Colorado House Judiciary Committee approved establishing blood-THC levels to determine what constitutes driving under the influence of marijuana. In a 6-2 vote, HB 11-1261 advanced to the House Appropriations Committee. The bill is a bipartisan proposal, introduced by Reps. Claire Levy, D-Boulder, and Mark Waller, R-Colorado Springs.

The Colorado bill sets a limit of five nanograms of tetrahydrocannabinols, or THC, marijuana’s psychoactive ingredient, that may be present in an individual’s system at the time of driving or within two hours of being pulled over.

It is currently illegal to drive while under the influence of marijuana in Colorado, and twelve states have zero-tollerance laws for blood-THC levels, according to the Denver Post. Two states, Nevada and Ohio, have a two-nanogram limit.

Read more coverage of Colorado’s evolving medical marijuana law here.

Tenth Circuit: Opinions, 3/11/11

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

Unpublished

Raiser v. York

Governor Hickenlooper Signs Several More Bills into Law

Last week, Governor John Hickenlooper signed twenty-two bills into law. The bills were the second group to emerge from the 2011 General Assembly.

  • HB 11-1050
    • Sponsored by Rep. Soper and Sen. Tochtrop. Boiler Inspection Regulation by the Division of Oil and Public Safety.
  • SB 11-135
    • Sponsored by Sen. Hodge and Rep. Gerou. Supplemental Appropriation to the Department of Agriculture.
  • SB 11-138
    • Sponsored by Sen. Hodge and Rep. Gerou. Supplemental Appropriation to the Department of the Governor, Lt Governor and OSPB.
  • SB 11-139
    • Sponsored by Sen. Hodge and Rep. Gerou. Supplemental Appropriation to the Department of Health Care Policy and Finance.
  • SB 11-140
    • Sponsored by Sen. Hodge and Rep. Gerou. Supplemental Appropriation to the Department of Higher Education.
  • SB 11-143
    • Sponsored by Sen. Hodge and Rep. Gerou. Supplemental Appropriation to the Department of Labor & Employment.
  • SB 11-145
    • Sponsored by Sen. Hodge and Rep. Gerou. Supplemental Appropriation to the Department of Local Affairs.
  • SB 11-146
    • Sponsored by Sen. Hodge and Rep. Gerou. Supplemental Appropriation to the Department of Military Affairs.
  • SB 11-147
    • Sponsored by Sen. Hodge and Rep. Gerou. Supplemental Appropriation to the Department of Natural Resources.
  • SB 11-148
    • Sponsored by Sen. Hodge and Rep. Gerou. Supplemental Appropriation to the Department of Personnel.
  • SB 11-149
    • Sponsored by Sen. Hodge and Rep. Gerou. Supplemental Appropriation to the Department of Public Health and Environment.
  • SB 11-150
    • Sponsored by Sen. Hodge and Rep. Gerou. Supplemental Appropriation to the Department of Public Safety.
  • SB 11-151
    • Sponsored by Sen. Hodge and Rep. Gerou. Supplemental Appropriation to the Department of Regulatory Agencies.
  • SB 11-152
    • Sponsored by Sen. Hodge and Rep. Gerou. Supplemental Appropriation to the Department of Revenue.
  • SB 11-153
    • Sponsored by Sen. Hodge and Rep. Gerou. Supplemental Appropriation to the Department of State.
  • SB 11-154
    • Sponsored by Sen. Hodge and Rep. Gerou. Supplemental Appropriation to the Treasury Department.
  • SB 11-155
    • Sponsored by Sen. Hodge and Rep. Gerou. Supplemental Appropriation to Capital Construction.
  • SB 11-156
    • Sponsored by Sen. Lambert and Rep. Becker. Reduction in the General Fund Reserve Required for the 2010-11 Fiscal Year.
  • SB 11-157
    • Sponsored by Sen. Steadman and Rep. Ferrandino. Modification to the School Finance Act of 1994, Concerning an Appropriation within.
  • SB 11-160
    • Sponsored by Sen. Steadman and Rep. Gerou. Clarification on the Amount of Performance Based Incentives Available by the Colorado Office of Film.
  • SB 11-161
    • Sponsored by Sen. Lambert and Rep. Becker. Creation of a Cash Fund for Fees in Connection with Colorado Department of Public Health and Environment’s Laboratories
  • SB 11-163
    • Sponsored by Sen. Lambert and Rep. Gerou. Repeal of the Alternative Fuels Rebate Program.

For a complete list of Governor Hickenlooper’s 2011 legislation decisions click here.

Governor Hickenlooper Appoints Colorado Water Conservation Board Members

On Tuesday, March 8, 2011, Governor John Hickenlooper announced his appointments to the Colorado Water Conservation Board.

The Colorado Water Conservation Board (CWCB) was created in 1937 for the purpose of aiding in the protection and development of the waters of the state. The agency is responsible for water project planning and finance, stream and lake protection, flood hazard identification and mitigation, weather modification, river restoration, water conservation and drought planning, water information, and water supply protection.

The members will serve effective March 3; however, the appointments are dependent upon Senate confirmation. The members appointed to the board are:

  • Russ George, Grand Junction (R); term to expire on February 12, 2013
  • Alan C. Hamal, Pueblo (R); term to expire on February 12, 2014
  • April D. Montgomery, Norwood (D); term to expire on February 12, 2014
  • Travis D. Smith, Del Norte, (R); term to expire February 12, 2014

Governor Hickenlooper Appoints State Housing Board Members

On Wednesday, March 9, 2011, Governor John Hickenlooper announced his appointments to the State Housing Board.

The State Housing Board works to establish uniform construction and maintenance standards for hotels, motels, multiple dwellings and factory-built housing. The Board also develops for submittal to the General Assembly and units of local government recommendations for uniform housing standards and building codes.

The appointments are dependent upon Senate confirmation. The members appointed are:

  • Eugene R. Lucero, Denver (D); term to expire on January 31, 2015
  • James A. Coil, Grand Junction (D); term to expire on January 31, 2015