July 19, 2019

Archives for February 2, 2012

Colorado Court of Appeals: Announcement Sheet, 2/2/12

On Thursday, the Colorado Court of Appeals issued fourteen published opinions and thirty-three unpublished opinions.


People v. Wartena

People v. Herrera

People v. Davis

People v. Watkins

People v. Chirico

Swinerton Builders v. Nassi

Colorado Special Districts Property and Liability Pool v. Lyons

SRS, Inc. v. Southward

Walter G. Burkey Trust v. City and County of Denver

Martin v. Freeman

Loveland Essential Group, LLC v. Grommon Farms, Inc.

Harbert v. Industrial Claim Appeals Office of the State of Colorado

Shaw Construction, LLC v. United Builder Services, Inc.

Kowalchik v. Brohl

Summaries of published cases are forthcoming, courtesy of The Colorado Lawyer.

Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions. The case announcement sheet is available here.

Gilbert Martinez Named Chief Judge in the Fourth Judicial District; David Prince to Serve as Deputy Chief

On Thursday, February 2, 2012, Colorado Supreme Court Chief Justice Michael L. Bender announced his appointment of the Honorable Gilbert Martinez to serve as the new chief judge in the Fourth Judicial District, which serves El Paso and Teller counties. Chief Justice Bender also appointed District Court Judge David Prince to serve as the district’s deputy chief judge. Both appointments are effective February 9, 2012.

Judge Martinez will replace the Honorable Kirk S. Samelson, who served as chief judge for more than five years. Judge Samelson will continue to preside over a district court docket.

Judge Martinez was born in Trinidad and raised in the Denver area. A graduate of the University of Colorado, he served as a public defender from 1978 to 1989, directing the Colorado Springs Public Defender’s Office for four of those years. In 1989, Judge Martinez was appointed to the district court bench.

Judge Prince was appointed to the district court in April 2006.  Before taking the bench, Judge Prince was a commercial litigator with Holland & Hart.  His practice included  fiduciary, finance, construction, business, real estate, and intellectual property litigation. Judge Prince graduated from the University of Utah Law School, where he served on the law review and received Order of the Coif honors.

Colorado is divided into twenty-two judicial districts, each with a chief judge who serves as the administrative head. Chief judges’ responsibilities include appointing the district administrator, chief probation officer, and clerks of the court, assisting in the personnel, financial and case-management duties of the district, seeing that the business of the courts is conducted efficiently and effectively, and making judicial assignments within the district.

HB 12-1047: Waiving Non-Safety Licensing Standards for Kinship Foster Care

On January 11, 2012, Rep. John Kefalas and Sen. Linda Newall introduced HB 12-1047 – Concerning the Waiver of Non-Safety Licensing Standards for Kinship Foster Care. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill allows a county directory of social services, or his or her designee, to waive certain non-safety licensing standards for kinship foster care if certain conditions are met and to limit or restrict a license for kinship foster care. The state board of human services is directed to promulgate rules to define “kinship foster care” and for the waiver of certain non-safety licensing standards for kinship foster care.

Summaries of other featured bills can be found here.


HB 12-1044: Creating a Technology Transfer Grant Program in the Office of Economic Development and International Trade

On January 11, 2012, Rep. Mark Ferrandino introduced HB 12-1044 – Concerning the Creation of the Start-Up Colorado Technology Transfer Grant Program. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The establishes the start-up Colorado technology transfer grant program. The purpose of the program is provide grants of up to $750,000 to offices of technology transfer to help further the commercialization of technology projects and discoveries in Colorado, which will, in turn, lead to the creation of Colorado jobs. The start-up Colorado technology transfer cash fund, not to exceed $5 million, is also created. The program is repealed, effective July 1, 2015.

Since this summary, the House Committee on Economic and Business Development amended the bill and referred it to Appropriations.

Summaries of other featured bills can be found here.

HB 12-1042: Proposed Income Tax Credit for Estate Tax on Agricultural Land

On January 11, 2012, Rep. Sal Pace introduced HB 12-1042 – Concerning a State Income Tax Credit Related to the Portion of the Colorado Estate Taxes Paid that are Attributable to Agricultural Land. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill establishes an income tax credit for a person who inherits agricultural land located within the state that is equal to the portion of Colorado estate taxes attributable to the transfer of the land. The tax credit is subject to the following requirements:

  • If more than one person inherits the land, the credit is apportioned among all beneficiaries;
  • If the credit exceeds the income taxes owed, the excess is refundable to the taxpayer; and
  • If the land is reclassified in the 10 years after the credit is claimed, the taxpayer is required to repay the credit, with interest, to the state as part of an amended income tax return.

Summaries of other featured bills can be found here.

HB 12-1041: Creation of an Electronic Death Registration System for the Department of Public Health and Environment

On January 11, 2012, Rep. Jeanne Labuda and Sen. Lucia Guzman introduced HB 12-1041 – Concerning the Creation of an Electronic Death Registration System in the Department of Public Health and Environment. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill directs the department of public health and environment to create an electronic death registration system for purposes of allowing persons responsible for reporting death information to the office of the state registrar of vital statistics to do so electronically.

Since this summary, the House Committee on Health and Environment amended the bill and referred it to Finance.

Summaries of other featured bills can be found here.

HB 12-1036: Clarifying the Investigative Files Exemption to the Colorado Open Records Act

On January 11, 2012, Rep. James Kerr introduced HB 12-1036 – Concerning Clarification of the Exemption from the”Colorado Open Records Act” for Investigative Files. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill clarifies that the current exemption from the “Colorado Open Records Act” for investigative files applies to those files compiled for any civil, administrative, or criminal law enforcement purpose.

Summaries of other featured bills can be found here.

Tenth Circuit: Bankruptcy Court Abused Discretion by Granting Bank Relief from Stay to Permit Foreclosure to Continue

The Tenth Circuit Court of Appeals published its opinion in Miller v. Deutsche Bank National Trust Co. on Wednesday, February 1, 2012.

The Tenth Circuit reversed the bankruptcy court’s decision. Respondent Bank brought a foreclosure action against the home owned by Petitioners and obtained an Order Authorizing Sale (OAS). Petitioners then filed a Chapter 13 bankruptcy petition. Upon the filing of their petition, an automatic stay entered, halting the foreclosure proceedings. Respondent Bank obtained an order from the bankruptcy court relieving it from the stay to permit the foreclosure to continue. The Tenth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court’s order granting Respondent Bank relief from the automatic stay and Petitioners appealed.

“The Bankruptcy Code provides that ‘[o]n request of a party in interest and after notice and a hearing, the court shall grant relief from the stay’ if the party in interest has made the appropriate showing to obtain such relief. . . . The Bankruptcy Code does not define the term ‘party in interest’ for purposes of this subsection. Courts have concluded, however, that in order to invoke the court’s power to award relief under § 362(d), a party must be either a creditor or a debtor of the bankruptcy estate. . . . The question, then, is whether [Respondent] Bank has established its status as a creditor of the [Petitioners]’ bankruptcy estate.” The Court concluded that “the evidence is insufficient as it currently stands to establish that [Respondent] Bank is a ‘party in interest’ entitled to seek relief from stay. The bankruptcy court therefore abused its discretion by granting [Respondent] Bank relief from stay.”

Tenth Circuit: Unpublished Opinions, 2/1/12

Life in the Gap (Part 2): Take a Facer (Not a Bow)

Editor’s Note: This is the second in a four-part series of job search and career transition articles. Parts one, three, and four are also online.

We got inspired, we went for it. So now what? Time to take a bow while the world applauds our resolution? Nope. The bows will have to wait. What comes first isn’t a bow, it’s a facer . . . into the Gap.

The Gap is Resistance with a capital R. It’s the distance between what we have now and what we want have when our dreams come true. If we want our Big Ideas to come to fruition, we must live through the Gap, because that’s where we’re equipped to meet the challenges we need to meet and make the changes we need to make in order to finally prevail.

It’s not so bad at first, when we’re still freshly charged with inspiration. Meeting challenges is fun. We find resourcefulness we didn’t know we had. There’s a sense of triumph in overcoming. But after awhile the challenges get tougher, and it’s not so fun anymore.

Change is tough; there are a thousand reasons to quit, and sooner or later one of them is too alluring to resist. Sooner or later we hit one too many obstacles, become overwhelmed and afraid, bail out and scurry back to the safety of whatever we left, leaving our half-executed plans and unrealized visions strewn behind us.

That’s life in the Gap. No wonder people give up on their dreams.

Life in the Gap is about hitting barriers, and hitting them hard. A friend of mine calls this “crash dummy syndrome”:  you hit so many brick walls that after awhile when you hit a new one it’s not a catastrophe, it’s just another day at the office. Brick wall incoming! BAM! Go back and do it again. BAM! Do it again. BAM!

Crash dummies save lives. In the Gap, we’re the crash dummies. Is that any way to live?

It is – when the life you’re saving is your own.

Once we’re in the Gap, the only way out is through. And to get through, we must overcome not only the Gap’s challenges, we must also overcome ourselves.

[to be continued]

Kevin Rhodes left a successful 20+ years career in private practice to pursue a creative dream. Now, he writes screenplays and nonfiction and leads workshops on change for a variety of groups, including the CBA’s Job Search and Career Transitions Support Group. His latest workshop, Work With Passion: Find Your Fire and Fuel It!, was held January 10, 2012. Watch for a follow-up program this spring.