June 27, 2019

Archives for January 13, 2012

Filing Fees Temporarily Reduced in Certain Civil Actions

The Colorado Supreme Court has issued a new Chief Justice Directive, which temporarily reduces the filing fees for certain civil actions, effective January 23, 2012.

CJD 12-02 temporarily decreases filing fees credited to the Justice Stabilization fund.  Pursuant to Colorado Revised Statutes, cash funds must maintain no more than a 16 percent excess fund balance, and it is projected that the fund will exceed this target reserve limit.  In order to comply with the statutory requirement, Chief Justice Bender has temporarily reduced filing fees.

As necessary, the Chief Justice may later increase these fees back to their statutorily permitted level.

The reduced fees apply across the board throughout Colorado courts and are outlined in Appendix A to CJD 12-02 – “Temporary Reduction of Filing Fees in Certain Civil Actions”

Questions about the change may be directed to Linda Bowers, Court Services Manager, at (720) 921-7839 or linda.bowers@judicial.state.co.us.

Tenth Circuit: Unpublished Opinions, 1/12/12

On Thursday, January 12, 2012, the Tenth Circuit Court of Appeals issued no published opinions and three unpublished opinions.

Unpublished

United States v. Boyd

Tucker v. Murphy

Fristoe v. United States

No case summaries are available for unpublished opinions.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

Handling Criminal or Traffic Citations Issued to Commercial Drivers

Criminal charges and traffic citations have collateral consequences that can be detrimental to the holder of a commercial driver’s license (CDL). Most of the consequences to commercial drivers convicted of traffic-related offenses are based on federal law, and the criminal/traffic practitioner must be aware of many such rules and consequences to properly advise his or her client.

Among the many rules governing commercial drivers is the Federal Motor Carrier Safety Regulations, which defines the following nine Major Offenses:

  1. Being under the influence of alcohol as prescribed by State law;
  2. Being under the influence of a controlled substance;
  3. Having a blood alcohol level of 0.04 or greater while operating a commercial vehicle;
  4. Refusing to take an alcohol test as required by a State or jurisdiction under its implied consent laws or regulations;
  5. Leaving the scene of an accident;
  6. Using a commercial motor vehicle to commit a felony;
  7. Driving a commercial motor vehicle when, as a result of prior violations committed operating a commercial motor vehicle, the driver’s CDL is revoked, suspended, or canceled, or the driver is disqualified from operating a commercial vehicle;
  8. Causing a fatality through the negligent operation of a commercial vehicle, including but not limited to the crimes of motor vehicle manslaughter, homicide by motor vehicle, and negligent homicide; and
  9. Using the vehicle in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance.

Penalties for the above Major Offenses range from the automatic loss of the CDL for one year to the loss of the license for life and other penalties stemming from felonious activity.

Beyond these Major Offenses, there are many other regulations, rules, and penalties that the criminal or traffic practitioner must understand. Great caution must be exercised in representing a client who maintains a CDL to prevent the loss of the client’s license—a loss that can be devastating to the client’s livelihood and employment.

Commercial drivers are prevalent in the United States. According to the Colorado Department of Revenue, there currently are 227,219 commercial driver’s license (CDL) holders in Colorado and 14,032,524 nationwide. . . . Practitioners must ensure that their commercial driver clients are properly advised of . . . collateral consequences associated with criminal or traffic violations. The failure to do so may render the representation constitutionally ineffective and expose counsel to a potential malpractice suit. 40 The Colorado Lawyer 23 (February 2011).

CBA-CLE will be hosting a  one-hour CLE to discuss the relevant Colorado law and provide an overview of the federal statutes and regulations affecting CDLs, presented by Jonathan M. Abramson, Esq. Whether you just need a refresher of existing and updated CDL laws or you would like to learn more about tapping into this large legal market, join us in the classroom or via live webcast on Monday, January 16, 2012!

CLE Program: Traffic Citations for Commercial Drivers

This CLE presentation will take place on Monday, January 16. Participants may attend live in our classroom or watch the live webcast.

If you can’t make the live program or webcast, the program will also be available as a homestudy in two formats: video on-demand and mp3 download.

Photographer Peter McBride to Be Featured at Water 2012 Kick-Off Event

Colorado photographer Peter McBride, who last year published a stunning photo-essay book entitled The Colorado River: Flowing Through Conflict, will present his book and be interviewed in a public event on Tuesday, January 17, by noted Colorado historian, author, and water expert, Justice Greg Hobbs.

The event will also kick-off Water 2012, a yearlong celebration of Colorado as a headwaters state and its Water 2012 Book Club.

The presentation and interview, to be followed by a Q&A session, will be held here at CBA-CLE (1900 Grant St., Suite 300, Denver)  from 5:00 – 6:00 pm.

The event is free and open to the public, and those unable to attend can also view the event from a live webcast.  In either case, please RSVP to Monica Santillanes at (303) 824-5356 or msantillanes@cobar.org. Include your name, email, and phone number. CBA-CLE will also have copies of the book available for purchase.

McBride and author John Waterman, who reside in Basalt and Carbondale, Colorado respectively, traveled and photographed the entire Colorado River through seven states and Mexico to learn about the much storied and politicized river. One of McBride’s challenges was “to find fresh perspectives while focusing on the beauty within the tragedy of such an overtaxed system.”

McBride started his journey at his family’s ranch in the headwaters community of Old Snowmass. He ended it in Mexico where the Colorado River is mostly non-existent and environmentally challenged. Although the future of the Colorado River seems dire, McBride is optimistic that the delta can be saved.

The book is the first featured book of the Water 2012 Book Club. The Book Club organizers are featuring a book each quarter of 2012 as well as a reading list of suggested other books about Colorado water by Colorado authors.

To learn more, go to the Water 2012 website at water2012.org/activities and find the book club information. The website also contains a ‘preview’ interview of McBride.

To learn more about McBride and his photographic adventure, visit PeteMcBride.com.

Colorado Water 2012 started as an idea around celebrating the 75th anniversary of the legislation that created many of the water organizations that manage Colorado’s water resources including the Colorado Water Conservation Board, Colorado River Water Conservation District, and the Northern Colorado Water Conservancy District. It has since grown into an unprecedented statewide celebration of water, its uses, and its value. Throughout the year 2012, Colorado Water 2012 will be connecting Coloradans to their water through resources, events, and activities created by seven Colorado Water 2012 Committees and by a coalition of over 200 volunteers statewide. For more information, visit  Water2012.org.