April 25, 2019

Archives for June 20, 2011

Jefferson County Conducting Court Service-Improvement Program This Week

This week, judges, magistrates, clerks, and other court employees will collect data to help improve the way the courts of Colorado’s First Judicial District conduct their business. The court service-improvement program was first instituted in 2008, using public surveys to gather information and assess the functioning and accessibility of the courts in the district. In the last three years, the surveys have been used at least once in each of Colorado’s twenty-two judicial districts.

On Tuesday, June 21, court employees will spend time talking to people about their experiences as jurors, parties to a case or as recipients of other Judicial Branch services. Attorneys, law enforcement officers and anyone who does business with the courts will be encouraged to participate. People exiting the Jefferson County Courthouse will be asked whether they had business with the courts and are willing to fill out a brief anonymous survey. Survey forms will be available in English and Spanish.

The survey is designed to measure public opinion about access to and fairness of the courts. Questions include whether people felt safe in the building, whether they could easily understand the forms they needed, and whether they felt their case was handled in in a fair manner. Participants also are asked whether they felt the judge or magistrate listened to them, whether they had all the necessary information before making a decision, and whether they felt they were treated with courtesy and given clear information about the next step in their case.

The new information will be used not only to check the progress of changes initiated since the first round of surveys, but also to support the possibility of further improvements.

In Fiscal Year 2010, about 86,400 cases were filed in the courts in Jefferson County. That number includes 23,780 cases filed in District Court and 62,593 in Jefferson County Court.

Pro Bono Spotlight: Attorney Needed to Assist Client in Guardianship Proceedings

Metro Volunteer Lawyers is seeking an attorney to assist a client in filing for guardianship of her sister and her sister’s two children; the sister is disabled and unable to communicate except by answering “yes” or “no” when asked a question.

Can you help this client? Please contact Patricia Trujillo at (303) 866-9307 or via email.

Governor Hickenlooper Announces Multiple Board and Commission Appointments

At the end of last week, Governor John Hickenlooper announced his appointments to several boards and commissions: the Colorado Board of Veterans Affairs, the Colorado Coroners Standards and Training Board, the Developmental Disabilities Council, the Hospital Provider Fee Oversight and Advisory Board, the Read-to-Achieve Board, and the Real Estate Commission.

The Colorado Board of Veterans Affairs studies problems facing veterans and makes recommendations to the Department of Military and Veterans Affairs and the Division of Veterans’ Affairs concerning programs needed to assist veterans. These appointments are dependent upon Senate confirmation. The members appointed are:

  • Franklin DB Jackson, of Denver, to serve as a veteran who has been honorably released or separated from the armed forces of the United States; term to expire June 30, 2015.
  • Kathleen N. Dunemn, of Littleton, to serve as a veteran who has been honorably released or separated from the armed forces of the United States; term to expire June 30, 2015.

The Colorado Coroners Standards and Training Board develops a curriculum for a forty-hour training course for new coroners and approving the qualifications of the instructors who teach the course. The Board also approves training providers to certify coroners in basic medical-legal death investigation and approves training providers and programs used to fulfill the annual sixteen-hour in-serve training requirement. The members appointed are:

  • Amy Martin, of Denver, to serve as a coroner of a county with a population of 50,000 or more; term to expire March 1, 2012.
  • The Honorable Rodney J. Bockenfeld, of Centennial, to serve as a county commissioner of a county with a population of 50,000 or more; term to expire March 1, 2014.
  • The Honorable Debra Lynn Zwirn, of Iliff, to serve as a county commissioner of a county with a population of less than 50,000; term to expire March 1, 2014.
  • Mark D. Hurlbert, of Breckenridge, to serve as a district attorney from a judicial district in this state; term to expire March 1, 2014.

The Developmental Disabilities Council is responsible for coordinating services and advocating for persons with developmental disabilities. The members appointed are:

  • Thomas L. Miller Jr., of Highlands Ranch, to serve as a representative of a state agency that administers funds provided under Titles V and XIX; term to expire July 1, 2012.
  • The Honorable Irene Aguilar, of Denver, to serve as a representative of the Colorado State Senate; term to expire July 1, 2014.
  • Lisa M. Kramer, of Littleton, to serve as a parent/guardian of a child with developmental disabilities; term to expire July 1, 2014.
  • Edward George, of Denver, to serve as a person with developmental disabilities; term to expire July 1, 2014.
  • Christine T. Herron, of Centennial, to serve as a parent of a child with a developmental disability; term to expire July 1, 2014.
  • F. Mike Hoover, of Boulder, to serve as a person with a developmental disability; term to expire July 1, 2014.
  • Todd J. Coffee, of Denver, to serve as a representative of the state agency that administers funds provided under the federal “Older Americans Act of 1965″; term to expire July 1, 2014.
  • Scott LeRoy, of Boulder, to serve as a representative of the state agency that administers funds provided under the federal “Rehabilitation act of 1973;” term to expire July 1, 2014.
  • Stephanie Lynch, of Boulder, to serve as a person with a developmental disability; term to expire July 1, 2014.

The Hospital Provider Fee Oversight and Advisory Board is responsible for working with the Department of Healthcare Policy and Financing and the Medical Services Board to develop the hospital provider fee model, monitor implementation of the bill, help with preparation of this program, and ensure that the Medicaid and CHP+ eligibility expansions are implemented as intended. These appointments are dependent upon Senate Confirmation. The members appointed are:

  • Ann M. King, of Denver, to serve as a member of a statewide organization of hospitals; term to expire May 15, 2015.
  • Thomas A. Rennell, of Castle Rock, to serve as a member of a statewide organization of health insurance carriers; term to expire May 15, 2015.
  • William Patrick Heller, of Denver, to serve as an employee of the state department; term to expire May 1, 2015.

The Read-to-Achieve Board reviews applications for grants under the Read-to-Achieve grant program. Under this program, any school may apply for grants to fund intensive reading programs for second- and third-grade students whose literacy and reading comprehension skills are below grade level. These appointments are dependent upon Senate Confirmation. The members appointed are:

  • Joanne E. Scanlan, of Colorado Springs, to serve as a kindergarten, first-, second-, or third-grade elementary school teacher; term to expire April 1, 2014.
  • Teresa L. Williams, of Westminster, to serve as a member with knowledge of and experience in public education in elementary grades; term to expire on April 1, 2014.
  • Charlotte Macaluso, of Pueblo, to serve as a parent of a child who is enrolled in a public school at the time of appointment; term to expire on April 1, 2014.
  • Jamie Lyn Marin, of Strasburg, to serve as a rural kindergarten, first-, second-, or third-grade elementary school teacher representative of non-confinement cattle industry; term to expire April 1, 2014.

The Real Estate Commission regulates the licensing and conduct of real estate brokers and salespeople and pre-owned home warranty service companies. The member appointed is:

  • Christopher S. McElroy, of Fort Collins, to serve as a real estate broker; term to expire on April 12, 2014.

The full press release from the Governor’s office concerning these board and commission appointments can be found here.

United States District Court Judge Walker D. Miller Retiring

The United States District Court for the District of Colorado has announced that Senior Judge Walker D. Miller will take inactive senior status as of August 1, 2011.

Judge Miller has been involved with the law for more than fifty years and was appointed to the bench by President Clinton on July 25, 1996; Miller took senior status on April 1, 2008. An inactive senior judge does not handle any cases but may return to service.

State Judicial Issues Revised List of Statewide Parenting Classes

The Colorado State Judicial Branch has issued a new list of Colorado parenting seminar providers for family law consideration. Practitioners should begin using the new list immediately.

Domestic/Family

Department of Agriculture Amends Rules Regarding Water Quality Control

The Colorado Department of Agriculture has amended the rules and regulations pertaining to water quality control concerning agricultural chemicals and ground water. The purpose of the proposed changes is to make minor substantive changes to clarify the meaning, application, and effect of the rules and to make non-substantive typographical and grammatical corrections.

Substantive changes to the rules include:

  • changing the word “promptly” to “immediately” to more clearly reflect the urgent need to clean up spills without delay;
  • clarify that only facilities constructed on or after September 30, 1994 are subject to these rules; and
  • removing outdated references to DOT 57 and MACA 75 pesticide containers and replacing with language referencing the EPA’s new container rule.

A hearing on the amended rules will be held on Monday, July 18, 2011 at the Colorado Department of Agriculture, 700 Kipling Street, Suite 4000, Lakewood, Colorado 80215, beginning at 1:30 pm.

Full text of the proposed changes and red line edits to the rules can be found here. Further information about rules and hearing can be found here.

Tenth Circuit: Unpublished Opinions, 6/17/11

On Friday, June 17, 2011, the Tenth Circuit Court of Appeals issued no published opinions and two unpublished opinions.

Unpublished

United States v. Krolopp

West Ridge Group, L.L.C. v. First Trust Co. of Onaga

No case summaries are available for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.

Tenth Circuit: Unpublished Opinions, 6/16/11

On Thursday, June 16, 2011, the Tenth Circuit Court of Appeals issued no published opinions and five unpublished opinions.

Unpublished

Castro v. Davis

Pavlov v. Smelzer

Interstate Power Systems, Inc. v. Drake Water Technologies, Inc.

Champ v. Zavaras

United States v. Martinez-Simental

No case summaries are available for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.