August 24, 2019

Archives for January 2012

SB 12-014: Conforming Schedule for Disclosure of Campaign Finance Information with Date of Primary Election

On January 11, 2012, Sen. Bacon and Rep. Levy introduced SB 12-014 – Concerning the conformity of the schedule for disclosure of campaign finance information with the date of the primary election. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

In conformity with the 2011 change of the primary election date from August to the last Tuesday in June, the schedule under the “Fair Campaign Practices Act” for making campaign finance disclosures in connection with the primary election is changed to the second Monday in May and on specified Mondays thereafter until the primary election. Assigned to the Judiciary Committee.

Since this summary, the Senate passed the bill on its Third Reading and the House Judiciary Committee referred the bill unamended to the House Committee of the Whole.

Summaries of other featured bills can be found here.

SB 12-012: Conforming State Inspections of Automobile Emission Facilities to Federal Law

On January 11, 2012, Sen. S. King and Rep. Miklosi introduced SB 12-012 – Concerning the department of revenue’s audits of automobile emission inspection facilities. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Legislative Audit Committee. The bill implements the recommendations of the legislative audit committee regarding the department of revenue’s audits of facilities that conduct automobile emission inspections. Specifically, federal environmental protection agency rules require such inspections at least twice per year while current state law generally requires them every 90 days; the bill conforms state law with federal law. Current law requires the department to conduct performance audits on each test lane at enhanced inspection centers and equipment audits on each lane at all types of inspection centers; the bill requires such audits to be conducted at least twice per year on each lane at the facilities. Finally, the bill authorizes the department to conduct risk-based audits for stations and facilities employing inspectors or mechanics suspected of violating rules. Assigned to the Transportation Committee.

Since this summary, the Senate Committee on Transportation referred the bill unamended to Appropriations.

Summaries of other featured bills can be found here.

Judge Robert H. Russell, II to Retire from Eighteenth Judicial District Court Bench

The Eighteenth Judicial District Nominating Commission will meet March 26, 2012 to interview and select nominees for appointment by Governor Hickenlooper to the office of District Judge for the Eighteenth Judicial District, which serves Arapahoe, Douglas, Elbert and Lincoln counties. The vacancy will be created by the retirement of the Honorable Robert H. Russell, II on May 31, 2012.

Judge Russell was appointed to the district court bench in 1998. Prior to that appointment, he served in the Arapahoe County Court beginning in 1989. His initial appointment to the bench was as an Arapahoe County Magistrate in 1985, after serving in the Arapahoe County District Attorney’s office and in private practice. His current caseload consists of criminal and civil adjudication, but he also serves in the Domestic Relations division.

Eligible applicants for appointment to fill the vacancy must be qualified electors of the Eighteenth Judicial District and must be admitted to the practice of law in Colorado for five years. Applications must be received by Wednesday, March 7. The appointed district court judge will serve an initial provisional term of two years before facing a retention election. Retained judges serve six-year terms.

Further information about applying for the vacancy is available here from the Colorado Judicial Branch.

Diversity LSAT Scholarships Being Offered by the Center for Legal Inclusiveness

The Center for Legal Inclusiveness, the Colorado Pledge to Diversity Legal Group, and the Association of Corporate Counsel-Colorado Chapter are partnering with Kaplan Test Prep to offer multiple Diversity LSAT Exam Scholarships for 2012 test takers. Scholarships cover the cost of a review course, the exam fee, and application fees to both the University of Colorado Law School and the University of Denver Sturm College of Law.

The deadline to apply is March 1, 2012.

Click here to view the application.

The scholarship is intended to help increase the number of diverse students in law school and practicing law in Colorado. Since one of the purposes of this scholarship is to increase representation among severely under-represented groups in the legal profession, preference may be given to applicants who are racial/ethnic minorities, GLBT (gay, lesbian, bisexual, transgender), and/or have disabilities. However, CLI, the Pledge Group, and ACC recognize there are many types of diversity, and welcome all applications accordingly, including applications by individuals who have demonstrated a history of furthering the goals of diversity and inclusiveness in their academic pursuits, careers, volunteer experience, or otherwise. Applicants must also be permanent residents of Colorado.

For questions, please contact Andrea Juarez at or call (303) 832-3503. 

HB 12-1029: Exempting Business Personal Property Purchased in 2013 from Property Taxes

On January 11, 2012, Rep. Holbert and Sen. Scheffel introduced HB 12-1029 – Concerning an economic stimulus through a property tax exemption for business personal property, and, in connection therewith, enacting the “Save Colorado Jobs Act.” This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill exempts business personal property that is purchased at any time during the 2013 calendar year from the levy and collection of property tax. Assigned to the Finance Committee.

Since this summary, the House Committee on Finance referred the bill unamended to the House Committee of the Whole. The House Second Reading was laid over to January 26.

Summaries of other featured bills can be found here.

HB 12-1028: Continuing Energy-Related Assistance to Low-Income Households

On January 11, 2012, Rep. Gerou and Sen. Steadman introduced HB 12-1028 – Concerning the continuation of energy-related assistance to low-income households from the operational account of the severance tax trust fund. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill extends the funding from the operational account of the severance tax trust fund used for providing energy-related assistance to low-income households through direct bill payment assistance and home energy-efficiency improvements from only state fiscal year 2012-13 to state fiscal years 2012-13 through 2018-19. Assigned to the Finance Committee.

Since this summary, the House Committee on Finance referred the bill unamended to the House Committee of the Whole. The House Second Reading was laid over to January 26.

Summaries of other featured bills can be found here.

HB 12-1026: Conferring Peace Officer Status on Certain Municipality Prosecuting Attorneys

On January 11, 2012, Rep. Coran and Sen. Roberts introduced HB 12-1026 – Concerning peace officer status for certain municipality prosecuting attorneys. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill confers peace officer status on a city attorney, town attorney, senior assistant city attorney, assistant city attorney, chief deputy city attorney, deputy city attorney, special deputy city attorney, prosecuting attorney, senior prosecuting attorney, senior prosecutor, or special prosecutor employed or contracted by a municipality, city, town, statutory city or town, or city and county. The attorney may be certified by the peace officers standards and training board. Assigned to the Judiciary Committee.

Summaries of other featured bills can be found here.

HB 12-1025: Establishing Expert to Provide Public with Access to Information about Rules and Regulations

On January 11, 2012, Rep. Tyler introduced HB 12-1025 – Concerning the establishment of a regulator navigator. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill requires the director of research of legislative council to provide a regulator navigator to the public. The regulator navigator will provide the public with easy access to information about any state, local, or federal government rule or regulation, including the name and telephone number of the person to contact or the correct web site link regarding the rule or regulation at issue. The regulator navigator is not expected to be a problem solver, but is expected to be an expert in providing the public with quality contact information for the appropriate state, local, or federal government agency. Assigned to the State Veterans and Military Affairs Committee.

Summaries of other featured bills can be found here.

HB 12-1024: Requiring Ballot Title of Statewide Measure Be Written in Plain Language

On January 11, 2012, Rep. Szabo introduced HB 12-1024 – Concerning a requirement that the ballot title of a statewide measure be written in plain language. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill requires the title board, when setting a title for a proposed initiated law or constitutional amendment, to write the title, to the extent possible, in plain, nontechnical language and in a clear and coherent manner using words with common and everyday meaning that are understandable to the average reader. The bill also requires the same standard for the ballot title of a statewide referred measure. Assigned to the State Veterans and Military Affairs Committee.

Summaries of other featured bills can be found here.

Tenth Circuit: Unpublished Opinions, 1/26/12

On Thursday, January 26, 2012, the Tenth Circuit Court of Appeals issued no published opinions and two unpublished opinions.


United States v. Neighbors

Moore v. Oklahoma Housing Finance Agency

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

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.”