July 19, 2019

Archives for February 16, 2012

Colorado Court of Appeals: Announcement Sheet, 2/16/12

On Thursday, the Colorado Court of Appeals issued six published opinions and twenty-four unpublished opinions.


People v. Sexton

LaFond v. Sweeney

Vessels v. Hickerson

Rotz v. Hyatt Corp.

People the Interest of C.Y.

Crowell v. Industrial Claim Appeals Office

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Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions.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.

Upcoming Solo/Small Firm Monthly Networking Meetings: March 2012

The Solo/Small Firm Section networking meetings are a great opportunity to connect with your peers, as well as a practice management and technology discussion forum. The meetings are open to all CBA members, not just members of the Solo/Small Firm Section, the sponsoring entity. Colorado Springs routinely offers CLE credits, although sometimes there is no formal agenda, and no RSVP is required to attend any of the meetings.  You are encouraged to think about and prepare questions or ideas to present to the group.  Don’t hesitate to e-mail a meeting coordinator to suggest a CLE topic and/or speaker!

          • Colorado Springs
            • March 7 (First Wednesday of every month)
              • Luncheon at 11:30 am, CLE at 11:45
            • Ritz Grill, 15 S. Tejon, Colorado Springs, CO, (719) 635-8484
            • Contact Jim Duve, (719) 578-5800, JCD@DuveLaw.com, or John Holcomb, (719) 548-8968, jholco@gmail.com
          • Downtown Denver
            • March 13 (Second Tuesday of every month)
              • Happy Hour at 5:30 pm
            • Stoney’s Bar and Grill, 1111 Lincoln St., Denver, CO (303) 830-6839
            • Contact Jennifer D. McGinn, (720) 362-3000, Jennifer@mcginnlawoffice.com.
            • There is no parking at the bar but there is free 2-hour parking up one block on Sherman St. and there is a garage directly across the street from the bar on Lincoln St.  There is also plenty of metered parking on Lincoln.
          • Downtown Denver
            • March 1 (First Thursday of every month)
              • Breakfast at 7:30 am
            • Tavern Restaurant inside the Denver Athletic Club, 1325 Glenarm Place, Denver, CO (303) 534-1211 – Reservation under D.A. Bertram
            • Contact Frank P. Slaninger, (303) 617-4446, slaninger@comcast.net.
          • Denver Tech Center Area
            • March 9 (Second Friday of every month)
              • Brown Bag Lunch at noon
            • Law Offices of Julian Izbiky, 7400 E. Caley Ave., Suite 300, Centennial, CO (303) 850-7080
            • Contact Phil Shuey, (303) 680-2595, shuey_p@comcast.net.
            • Exit I-25 and go west on Orchard and turn south on Quebec (or exit I-25 and go west on Arapahoe and turn north on Quebec).  From Quebec, turn east on E. Caley Ave.  The building is on the right, not far from Quebec.
            • West Denver Metro Area (Jefferson County)
              • March 14 (Second Wednesday in odd months)
                • Breakfast at 7:30 am
              • Mimi’s Café, 14265 West Colfax Ave., Golden, CO, 303-384-9350
              • Contact Dayle Anderson, (303) 980-7990, d.l.anderson@comcast.net.
            • North Metro Area – NEW NETWORKING OPPORTUNITY!

              • March 15 (Third Thursday of every month)
                • Happy Hour at 5:00 pm
              • Doubletree Hotel 8773 Yates Drive, Westminster, CO (303) 427-4000
              • Contact Bill O’Meara, (303) 298-9888, wmpomeara@klaaslaw.com, or Aileen Law, (303) 301-2650, aileen@alawfirmpc.com

            Dates are subject to change; however, they will occur as scheduled unless prior notice has been sent to the Section membership via e-mail.  Please check this website on a regular basis.

Becky Bye: 2012 Pegasus Scholarship Exchange Program in the English Legal System

Last year, I applied for, and was selected as a Pegasus Scholar for 2012 by the American Inns of Court. I encourage you to find out more information about the American Inns of Court by browsing the material on their website. Generally, the American Inns of Court oversees and supports local Inns throughout the country. These Inns contain judges, lawyers, law professors and law students who meet approximately once per month to discuss professionalism, ethics, and to mentor. Each Inn is subdivided into “pupilage groups” which are smaller groups that typically have one judge, several senior attorneys, several junior attorneys, and several attorneys. These groups also gather outside of the more formal once-per-month Inn meetings, and each group is responsible for one of the monthly programs presented to the Inn.

The American Inns of Courts are loosely based on the mentoring structure within the UK legal system for Barristers. As I understand (and I will certainly learn more about this when I go to London), aspiring Barristers must shadow or apprentice with Barristers, have dinners with them, and work with them until the Barristers are satisfied about their knowledge about the profession. When they are satisfied, that apprentice is “called to the Bar” and admitted to practice as a Barristers. (Note: Barristers wear wigs and practice in front of judges; Solicitors are attorneys that do not practice before judges but work with Barristers when their client must go to court).

The American Inns of Court sponsors the Pegasus Scholarship which allows two young lawyers who have a few years of experience to go to the UK for approximately six weeks (and in exchange, two young Barristers from the UK travel to the US). During the six weeks, the US attorneys work with different Barristers and learn about their legal system and all of its nuances. This experience includes watching oral arguments, engaging in legal research, eating dinner with the Inner Temple Inn in London, and visiting Barristers in Edinburgh, Dublin, and Belfast, amongst many other priceless opportunities.

Since my second year of law school in 2003, I have been a member of the William E. Doyle Inn of Court. Joining my Inn has been one of the best and most satisfying decisions I ever made. Over the years, I established numerous mentoring, professional, and personal relationships with judges, lawyers, and law students. I can talk to people within my Inn openly about any questions I might have about a sensitive issue or discuss any trials or tribulations. I can always turn to someone for more mentorship or guidance and feel that others know they can turn to me about any questions they have about the legal profession, jobs, and handling situations tactfully.

One of the attorneys I initially met, who has served as my mentor and confidant, received the Pegasus Scholarship in the 1990s. He constantly spoke highly of the experience and indicated that it might have been one of the best, most educational experiences of his life. Having studied abroad in college, I understood that this was indeed a once-in-a-lifetime educational experience.

I always kept the Pegasus Scholarship at the forefront of my mind, but the time never seemed right between job obligations, professional obligations, and weddings. Luckily, in 2012 everything came together to allow me to immerse myself in this scholarship (and luckily, I was selected as one of two people to receive it!). My fellow scholar is John DeStefano, whom I have not yet met except via phone and email.

You can read more about our bios and announcements by clicking here, and for more information about the scholarship and a link to a PDF brochure, please click here.

One of the reasons why I’ll be writing these blog posts, besides memorializing this unique opportunity for myself, is to allow others to experience this journey with me. As such, please post in comments section below any questions or topics you would like me to explore about the UK (and Irish) legal system, the Inns of Court, mentoring, the UK government system, or any other questions you have. I will post them on the blog or write back to you directly.

I leave for London on February 17, 2012 and arrive back in the United States on April 1, 2012. I’m crossing my fingers for decent weather!

Becky Bye is an attorney in the U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy in Golden, Colorado, where she practices in various areas of law, including environmental, administrative, and labor law. She received her J.D. from the University of Denver Strum College of Law and served as a chair of the Young Lawyers Division of the Colorado Bar Association from 2010–2011. She has started a blog to document her experience abroad, where this post originally appeared.

HB 12-1092: Allowing Carrying of Concealed Weapons Without a Permit

On January 17, 2012, Rep. Kevin Priola and Sen. Greg Brophy introduced HB 12-1092 – Concerning the Authority of a Law-Abiding Person to Carry a Concealed Handgun Without a Permit. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill creates exceptions to the offenses of carrying a concealed weapon and unlawful possession of a weapon on school, college, or university grounds if the person is at least 21 years of age and may legally possess a handgun under the laws of Colorado and of the United States. A person who carries a concealed handgun under the exception has the same carrying rights and is subject to the same limitations as apply to a person who holds a permit to carry a concealed handgun, including but not limited to, the existing limitations concerning the carrying of a concealed handgun on the real property, or in any improvements erected thereon of a public elementary, middle, junior high, or high school. On February 9, the Judiciary Committee referred the unamended bill to the full House for consideration on 2nd Reading.

Since this summary, the bill passed a Second Reading in the House with amendments, and the Third Reading in the House was laid over until February 20.

Summaries of other featured bills can be found here.

HB 12-1088: Allowing Deadly Force to Be Used Against an Intruder of a Business

On January 17, 2012, Rep. Chris Holbert and Sen. Kevin Grantham introduced HB 12-1088 – Concerning the Use of Deadly Physical Force Against a Person Who Makes an Illegal Entry Into a Place of Business. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill extends the right to use deadly force against an intruder under certain conditions to include owners, managers, and employees of businesses. The unamended bill passed 2nd Reading in the House on February 9.

Since this summary, the bill passed a third reading in the House and moved to the Senate. It was assigned to the State, Veterans, & Military Affairs Committee.

Summaries of other featured bills can be found here.

HB 12-1073: Transferring a Judgeship from the First Judicial District to the Sixth Judicial District

On January 11, 2012, Rep. J. Paul Brown and Sen. Ellen Roberts introduced HB 12-1073 – Concerning the Transfer of a Judgeship from the First Judicial District to the Sixth Judicial District. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill decreases the number of judges in the first judicial district from 14 to 13 and increases the number of judges in the sixth judicial district from 3 to 4. The unamended bill passed 3rd Reading in the House on February 9. The LPC voted to support the bill as part of the package of Judicial Department Budget priorities.

Since this summary, the bill was introduced in the Senate and assigned to the Judiciary Committee.

Summaries of other featured bills can be found here.

Governor Hickenlooper Signs Law to Implement Statewide Educator Effectiveness Evaluation System

On Wednesday, February 15, 2012,  Governor John Hickenlooper signed legislation to implement a statewide educator effectiveness evaluation system. The rules cover the quality standards school districts must adopt in their educator evaluation systems, teacher content knowledge standards, the structure of performance evaluations, definitions of performance evaluations and consequences, and the role of the Colorado Department of Education.

HB 12-1001 “Rule Review Evaluation of Educator Effectiveness” was sponsored by Reps. Carole Murray and Bob Gardner and Sens. Mike Johnston and Nancy Spence. The bill passed with 99 of 100 possible votes in the General Assembly.

Enacted in 2010, SB 10-191 requires the General Assembly to approve the rules adopted by the State Board of Education to implement a statewide system that evaluates the effectiveness of licensed personnel employed by school districts and boards of cooperative services. The passage of HB 12-1001 approves the educator effectiveness evaluation system and allows for its implementation.

Tenth Circuit: Unpublished Opinions, 2/15/12

On Wednesday, February 15, 2012, the Tenth Circuit Court of Appeals issued no published opinions and three unpublished opinions.


Barker v. Astrue

Warren v. Campbell Farming Corp.

United States v. Jordan

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