June 24, 2019

Archives for January 26, 2012

Secretary of State Launches Password Protection for Business Filers

On Thursday, January 26, 2012, Colorado Secretary of State Scott Gessler began allowing business owners and filers to password protect their filings to help safeguard against business identity theft. As business filers incorporate in Colorado or file their annual reports online, they will now have the option to create their own password to prevent unauthorized changes to their records.

According to the press release, the state first uncovered business identity theft in 2010, when identity thieves targeted businesses by illegally manipulating data on secretaries of state websites. After hijacking business identities, they took out credit using the company’s good name, forcing businesses to rebuild their credit history.

Implementation of the system follows the passage of HB 11-1095 last year, which allowed the Secretary of State’s office to implement a password protected business filing system.

Current business filers can now add password protection to their filings by going to their business’ summary page and clicking “Set Up Secure Business Filing.” From there, simply request a PIN that will be mailed to the address already on file. New businesses registering can set up a password as part of their registration. Click here for more information.

Stacy Carpenter, Past DBA President, Honored with Davis Award

When accepting the Richard Marden Davis Award on Tuesday, Jan. 24, Denver Bar Association past president Stacy Carpenter reflected on the people who have shaped who she is today, as a lawyer and as a member of the Denver community.

She spoke of her father, Will Carpenter, a Denver real estate attorney and a former DBA president. She recalled him introducing her at her first Colorado Bar Foundation meeting. “My father stood up and he said, in is very succinct style, ‘I am Will Carpenter. I have the honor of introducing you to my daughter, Stacy. She has good genes.’ And I thought to myself, it could not be said any better than that.”

He also taught her to become involved with the legal community, which wasn’t hard, considering she grew up attending bar meetings and events. Immediately after being admitted to the bar, Carpenter joined the CBA and DBA, and specifically the DBA’s Legal Services Committee.

“It wasn’t that I really thought about that choice and it wasn’t that I thought it was going to get me something or that I was going to meet people. It was simply I did it because I thought that was what you did,” Carpenter said. “It never occurred to me that there were lawyers out there who didn’t join all of the bar association committees because that’s the way that I was raised.”

Her mother taught her another important trait.

“My mother taught me compassion for other people,” Carpenter said. “I’ve never met a person who has such an ability to make another person feel so much better by simply listening to them.”

Carpenter was the 19th honoree of the Davis Award, which is presented annually to a Denver lawyer who is 40-years-old or younger and combines excellence as a lawyer with civic, cultural, educational, and charitable leadership. The award was created in memory of Richard Davis, one of the founders of Davis Graham & Stubbs, who devoted himself tirelessly to the profession and the community. Each honoree best exemplifies the character and promise of Richard Davis at that stage in his career. For nearly 50 years, Davis tirelessly devoted himself to the profession and the community. He served as president of the DBA in 1959, and he played key leadership roles in arts, philanthropic, and other organizations.

Davis’ family, his law firm Davis Graham & Stubbs, and the Denver Bar Foundation established the award in his memory in 1993, honoring his belief that great lawyers should be professional and community leaders. The award was created not only to recognize successful and committed young lawyers, but also to inspire other young attorneys to follow in his footsteps.

Carpenter is a shareholder at Polsinelli Shughart and an experienced civil trial attorney whose practice focuses on commercial litigation, employment law, professional liability defense, and ERISA litigation. Carpenter has served on a number of Bar Associations in leadership roles, including the Colorado Bar Association Board of Governors for three separate terms and as DBA President from 2010-11.

DBA President-elect Jim Benjamin introduced Carpenter at the award ceremony at the Brown Palace, noting her achievements thus far in her career: She dove in to politics and policy, heading up the Colorado Bar Association’s “No on 40” campaign in 2008, working to educate voters about the benefits of Colorado’s merit selection system.  She was honored in 2005 with the Sue Birch Legislative Award and remains active in the CBA’s legislative policy committee.

She has also been involved with pro bono legal assistance, and received the Donald W. Hoagland Award, given to leaders in the development and implementation of pro bono representation, in 2001. She received the DBA’s Volunteer of the Year award in 2004. Recently she was appointed to the board of directors of Rocky Mountain Children’s Law Center, which provides legal advocacy for abused and neglected children.

And, even when she was diagnosed with breast cancer in 2009, pregnant with her son Jackson, things remained “business as usual,” Benjamin said.

“Ms. Carpenter continued in her law practice,” he said, “even appearing in oral argument before the Court of Appeals without sign of adversity other than the turban wrapping her head to cover the baldness from the chemotherapy and visibly pregnant. “

This led to another civic activity: serving as co-chair and honorary chair for the University of Colorado Cancer Center’s Cocktails for a Cure, a fundraising event that celebrates Colorado women and supports the continued research and treatment of women’s cancers.

DBA President Ilene Bloom spoke of the intangibles that also make Carpenter a stand out.

“I know that being a good friend is not one of the formal criteria of the Richard Marden Davis Award,” Bloom said, “but I have had the honor of calling Stacy a good friend for the past decade and it has shown me a lot of her character over time.”

Carpenter channeled legendary Denver attorney Brooke Wunnicke, who when receiving the DBA’s Award of Merit (its highest award), said, “The practice of law is an honorable profession and one in which we should be proud to participate.”

She echoed Wunnicke’s sentiments and remarked on her own passion for the profession.

“The truth is that I absolutely love the practice of law,” she said. “There is never a day that I regret my decision to become an attorney.”

Among the dozens of guests were past Davis Award honorees, including Kristin Bronson, Michael Carrigan, Paul Chan, Todd Fredrickson, Richard Gabriel, Allan Hale, Natalie Hanlon-Leh, Kenzo S. Kawanabe, Chris Little, Tim Macdonald, Mari Newman, David Powell, and Celeste Quinones.

Carpenter said she knows that those there to celebrate her that night also understand the importance of service, and that she viewed the honor as one for them all.

“While I think you all for this honor … in my heart this award is really about all of us and is really about the legal community as a whole,” she said. “It is an honorable profession, we are honorable people, and I hope that Dick Davis would be proud of us all.”

Colorado Court of Appeals: Week of January 22, 2012 (No Published Opinions)

The Colorado Court of Appeals issued no published opinions and thirty unpublished opinions for the week of January 22, 2012.

Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions. Case announcements are available here.

Tenth Circuit: Unpublished Opinions, 1/25/12

On Wednesday, January 25, 2012, the Tenth Circuit Court of Appeals issued no published opinions and four unpublished opinions.

Unpublished

Hernandez v. City of Las Cruces

Knox v. Morgan

Kyles v. Chester

Martinez-Diaz v. Holder, Jr.

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

e-Legislative Report: Week Two, January 23, 2012

The Legislative Video Update covers highlights from the week that was and includes activity in the General Assembly, Chief Bender addressing the House and Senate Judiciary Committees, and Legislative Policy Committee (LPC) updates.

Colorado General Assembly

The Legislature did not meet on Monday, January 16 in honor of the Martin Luther King, Jr. holiday.

Throughout the week, both houses spent little time on the their respective floors so as to allow committees of reference time to hear presentations on the status of efforts to comply with HB 10 – 119, The “SMART” Government Act. The State Measurements for Accountable, Responsive, and Transparent (SMART) Government Act was adopted in 2010 and part of the act requires departments of state government to suggest improved efficiency or administration through line item consolidation in the budget bill. The presentations to the committees of reference include information about:

  • The departments strategic plan;
  • A review of the department’s performance based goals and measures; and
  • A report on actual outcomes.

These “SMART” meetings will continue through the week of January 23.

Judicial Branch

On Tuesday and Wednesday of the past week, Chief Justice Michael L. Bender spoke to the House and Senate Judiciary Committees respectively. In addition to the statutorily required “SMART” briefing (see above), Chief Justice Bender addressed the budget priorities for the Judicial Branch.

Chief Justice Bender provided both Judiciary Committees with the Branch’s nine budget priorities for the upcoming Fiscal Year (FY):

  1. A modest salary increase for the lowest paid employees
  2. Final implementation of the 07-1054 judges. (The 1st Judicial District [Jefferson, Gilpin counties] will receive its final county court judgeship and HB 12-1073 [By Sen. Roberts and Rep. Brown] will move the final district court judgeship from the 2007 legislation from the 1st Judicial District to the 6th Judicial District [La Plata, Archuleta and San Juan counties])
  3. 21.5 FTE to address critical probate needs across the state
  4. 12 FTE new pro se case managers to meet the growing demands of self-represented parties
  5. 19 FTE sex offender probation officer staff to keep high-risk offender case loads manageable
  6. One-time hardware improvements related to the E-Filing Initiative
  7. Resources to expand training for all judicial officers
  8. Operating funds to manage the new Ralph L. Carr Justice Center
  9. Funds to meet the state’s statutory obligation for courthouse furnishings

All FY 2013 funding requests would be from various cash funds (Judicial Stabilization, Justice Center, or Information Technology); at the same time, the Branch is requesting a reduction of nearly $500,000 in their base general fund appropriation.

CBA Legislative Policy Committee

For followers who are new to CBA legislative activity, the Legislative Policy Committee (LPC) is the CBA’s legislative policy making arm during the legislative session. The LPC meets weekly during the legislative session to determine CBA positions from requests from the various sections and committees of the Bar Association.

At the January 20 LPC meeting, the Committee voted to support SB 30 – Public Trustee and Foreclosure Sales. The bill was primarily drafted by the Public Trustees Association of Colorado and is designed to resolve several administrative issues surrounding the foreclosure process – these issues have been identified by public trustees from around the state. The CBA Real Estate Section has suggested several amendments to the bill; these amendments have been developed through a cooperative effort led by the Real Estate Section. The bill is scheduled for review by the Senate Local Government Committee on Tuesday, January 24 at 2:00 p.m.

Help Us Pay Homage: Nominate an Outstanding Lawyer, Judge or Teacher

The DBA Awards Committee is seeking nominations for the following awards: DBA Award of Merit, DBA Volunteer Lawyer of the Year, DBA Young Lawyer of the Year, Judicial Excellence, and Teacher of the Year. The committee will consider the following criteria: involvement with the DBA, involvement with the CBA, community contributions outside the bar associations, and legal career/accomplishments.

Please submit a statement with the name, award, and short summary of why that person deserves the honor to Heather Clark or fill out an online nomination form by clicking here.

Award of Merit—Recognizes outstanding service and contributions to the DBA and legal profession, or rendered in the interest of the improvement of the administration of justice. Criteria: lawyer, judge or law professor who is a regular member of the DBA and whose distinguished career exemplifies the purpose of the Award of Merit. Click here for a list of previous winners.

Young Lawyer of the Year—Recognizes outstanding service and contributions to the DBA, legal profession and community. Criteria: a Denver lawyer who is a member of the DBA and is younger than age 37 or has been in practice less than three years. Click here for a list of previous winners.

Volunteer Lawyer of the Year—Presented to a DBA member who has performed extraordinary voluntary legal or community service. Criteria: lawyer, member of DBA, who has volunteered with distinction for various pro bono projects. Click here for a list of previous winners.

Judicial Excellence—Honors a DBA member of the judiciary for extraordinary service or exceptional contributions to the improvement of the judicial system. Click here for a list of previous winners.

Teacher of the Year—Honors outstanding commitment and achievement by a teacher who has taught with distinction and encouraged students to pursue and support the American legal system and the Constitutions of the U.S. and Colorado. Click here for a list of previous winners.