July 18, 2019

Archives for March 2012

United States District Court for Colorado Seeking New Magistrate Judge

The Judicial Conference of the United States has authorized the appointment of a part-time United States magistrate judge for the District Court of the District of Colorado in Grand Junction. A merit selection panel composed of attorneys and other members of the community will review all applicants and recommend to the district court judges in confidence the five persons it considers best qualified.

A qualified applicant must:

  1. Be, and have been for at least five years, a member in good standing of the bar of the highest court of a state, the District of Columbia, the Commonwealth of Puerto Rico, the Territory of Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States, and have been engaged in the active practice of law for a period of at least five years (with some substitutes authorized);
  2. Be competent to perform all the duties of the office; be of good moral character; be emotionally stable and mature; be committed to equal justice under the law; be in good health; be patient and courteous; and be capable of deliberation and decisiveness;
  3. Be less than seventy years old; and
  4. Not be related to a judge of the district court.

Application forms may be obtained from the Office of the Clerk of Court, located at 901 19th Street, Denver, Colorado or the Human Resources Division located at 1929 Stout Street, Suite C102, Denver, Colorado; or on the Court’s website.

All applications must be received by April 18, 2012. A completed original application plus eight copies should be delivered or mailed to: U. S. District Court – Human Resources Division, Attn: Ronna Duncan, Human Resources Administrator, 1929 Stout Street, Suite C102, Denver, CO 80294

Click here for more information.

DU to Host Emerging Issues in International Law in the Americas

The Denver Journal of International Law and Policy (DJILP) at the University of Denver Sturm College of Law offers a leading voice in the discussion of cutting edge issues in international law.  On Saturday April 14th, in conjunction with a celebration of its 40th anniversary, the DJILP will host an all-day symposium covering Emerging Issues in International Law with a Special Focus on the Americas.  Prominent scholars, practitioners and dignitaries – including the current Attorney General of Peru and former United Nations Assistant Secretary General for Legal Affairs – will share their insights regarding topics such as prosecution of international war criminals, international corporate social responsibility, and other topics critical to the current state of international law.

The symposium will begin with a focus on the Prosecution of Mass Atrocities in the Americas.  This discussion will feature Dr. Jose Antonio Peláez Bardales, current Attorney General of Peru, who served as lead prosecutor in the ground-breaking prosecution of former Peruvian President Alberto Fujimori. Fujimori was tried for corruption and human rights abuses that occurred during his presidency.  His conviction is the first conviction by a domestic court of a democratically elected president for crimes against humanity.  According to Human Rights Watch the trial would “go down in history as a model of what we want to see in terms of rule of law and justice … in Latin America.” Mr. Peláez Bardales will share his observations about the Fujimori trial and its legacy.

Ms. Katie Doyle, Senior Analyst with the National Security Archive, will discuss her observations of the current landmark Guatemalan prosecutions of mass atrocities – including last year’s important Dos Erres Massacres convictions – and the lessons learned about witnesses and evidence in historical prosecutions.  The National Security Archive was founded to declassify government documents.  Since 1992, Doyle has worked with Latin American human rights organizations and truth commissions – in Mexico, Guatemala, El Salvador and Honduras – to obtain the declassification of U.S. government archives in support of their investigations.

The morning session also features Mr. Robert Petit, Counsel with the War Crimes Section of Canada’s Federal Department of Justice and Former Co-Prosecutor of the Khmer Rouge prosecutions in the Extraordinary Chambers of the Courts of Cambodia.  A lunch session will highlight the work of Professor Larry Johnson, Adjunct Professor at Columbia Law School, who share his extensive experience with the United Nations as former United Nations Assistant Secretary General for Legal Affairs, and former legal adviser to the International Atomic Energy Agency.

The afternoon discussion will focus on “hot topics” in international law that have been published in DJILP’s 40th Anniversary book, Perspectives on International Law in an Era of Change.  Three eminent scholars and authors featured in the book will discuss cutting edge issues applicable to international law today.  Professor David Aronofsky from the University of Montana School of Law will address the “War on Terror: Where We Have Been, Are, and Should Be Going.”  As described in his written piece, “the greatest casualty of [the war on terror] is a loss of the core rule of law focus which differentiated the U.S. from so many other countries on the global stage decades before this war began.”  Among other topics, he will discuss how the war on terror has recently shaped the rule of law in the U.S.

Professor Jennifer Moore from the University of New Mexico School of Law will speak on the topic of humanitarian law and transitional justice in Africa within the context of the doctrine of the Responsibility to Protect, as outlined by the United Nations Millennium Goals.  She describes her written piece as a “peaceful call to arms” based on a belief that ending human rights abuses will entail a non-military understanding of humanitarian intervention and the use of force.

Dr. Daniel Warner, Assistant Director for International Affairs at the Geneva Centre for the Democratic Control of Armed Forces, will address “Establishing Norms for Private Military and Security Companies.”  As described in his written piece, “the subject of the intersection [of public and private military], and of private military and security companies, is of the highest importance as violence is no longer limited to interstate conflicts.”  Dr. Warner will expound on the connections between these sectors as a means of correcting abuses of the law.  This panel discussion will be led by Professor Ved P. Nanda.

The symposium will also cover Emerging Issues in Corporate Social Responsibility, including conversations regarding Corporate Social Responsibility, Sustainability and Human Rights.  Distinguished panelists include: Mr. Bart Alexander, Chief Corporate Responsibility Officer, MolsonCoors; Professor John Cerone, Director, Center of International Law and Policy, New England School of Law; Ms. Luella D’Angelo, CEO, Western Union Foundation (invited); Mr. Stephen Gottesfeld, General Counsel, Newmont Mining Company; Mr. Mark Wielga, Nomogaia Human Rights; Professor Edward H. Ziegler, University of Denver Sturm College of Law.

The Emerging Issues Symposium is part of a larger celebration of the 40th Anniversary of the Denver Journal of International Law and Policy.  The celebration weekend includes events for students, staff, alumni, scholars and community members.  The kickoff event for the weekend is an inaugural dinner lecture beginning at 5:00 pm on Friday, April 13.  The dinner will honor Sturm College of Law alumna and international environmental law expert, Sheila Slocum Hollis, JD’73, of Duane Morris, LLP. This inaugural dinner is followed by the symposium and concludes with a champagne reception honoring Professor Ved P. Nanda, founder of both the DJILP and the International Legal Studies Program, and official book launch of the 40th Anniversary Book published in Professor Nanda’s honor.

For more information and to register for the Symposium or Alumni Dinner, please click here.   Additional questions can be directed to Karlyn Shorb at kshorb@law.du.edu or (303) 871-6655.

Colorado Court of Appeals: Announcement Sheet, 3/29/12

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

Published

People v. Bondurant

People v. Torrez

People v. Brooks

Figuli v. State Farm Mutual Fire & Casualty

Colorado Division of Insurance v. Trujillo

In re the complaint filed by the City of Colorado Springs and concerning Colorado Ethics Watch

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.

Tenth Circuit: Unpublished Opinions, 3/29/12

HB 12-1271: Raising Age for Direct Filing and Limiting Circumstances in Which Juveniles Can Be Charged as Adults

On February 7, 2012, Rep. B.J. Nikkel and Sen. Angela Giron introduced HB 12-1271 – Concerning Charging of Juveniles by Direct File of Information or Indictment in District Court. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

On Friday, March 23 the CBA Legislative Policy Committee authorized the Juvenile Law Section to support the bill in the name of the Juvenile Law Section. Under current law, a juvenile charged with a specific serious crime can be prosecuted in district court under the district attorney’s authority to direct file certain juveniles. This bill amends the direct file statute to limit the offenses for which a juvenile may be subject to direct file to class 1 felonies, class 2 felonies, crime of violence felonies or sex offenses if the juvenile has a previous felony adjudication, and violent sex offenses. The bill limits direct file to juveniles age 16 or 17.

After a juvenile is charged in district court, the juvenile may petition the adult court for a reverse-transfer hearing to transfer the case to juvenile court. The juvenile must make the request at or before the time to request a preliminary hearing, and the court shall set the reverse-transfer hearing at the same time as the preliminary hearing. If after a reverse-transfer hearing, the court finds the juvenile and community would be better served by juvenile proceedings it shall order the case to juvenile court. If, after a preliminary hearing, the district court does not find probable cause for a direct-file-eligible offense, the court shall remand the case to the juvenile court.

Under the bill, a juvenile’s non-felony conviction must be remanded to juvenile court and, when a juvenile sentence is selected, the conviction converts to a juvenile adjudication.

The amended bill passed out of the House on bill on March 19; the bill is scheduled on the Judiciary Committee calendar for Monday, March 26 at 1:30 p.m.

Since this summary, the bill passed out of the Senate Judiciary Committee unamended and was referred to the Senate Committee of the Whole.

Summaries of other featured bills can be found here.

HB 12-1270: Increasing the Amount of Money that a Liquor Licensee Can Spend on Alcohol at Retail

On February 7, 2012, Rep. Su Ryden and Sen. Rollie Heath introduced HB 12-1270 – Concerning an Increase in the Limit on the Amount of Alcohol Beverages for On-Premises Consumption May Purchase from a Licensed Alcohol Beverage Retailer. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Current law limits the amount of alcohol beverages persons licensed to sell alcohol beverages for consumption on a licensed premises may purchase at retail, rather than from a licensed alcohol beverage wholesaler. For hotel and restaurant licensees, the limit is $1,000 worth of alcohol beverages per year; for all other on-premises licensees, the limit is $500 worth of alcohol beverages per year.

The bill increases the limit to $2,000 worth of alcohol beverages per year for beer and wine, hotel and restaurant, and tavern licensees may purchase at retail, rather than from a licensed alcohol beverage wholesaler for consumption on a licensed premises. For all other persons licensed to sell alcohol beverages for on-premises consumption, including retail gaming tavern, brew pub, and club licensees, the bill phases in the increase in the limit as follows:

  • For the 2013 calendar year, the limit is increased to $1,000;
  • For the 2014 calendar year, the limit is increased to $1,500; and
  • For the 2015 calendar year and calendar years thereafter, the limit is increased to $2,000.

The bill has cleared both houses and now heads to the Governor’s desk for signature.

Since this summary, the House considered the Senate’s amendments on March 27, and the result of that consideration was laid over daily.

Summaries of other featured bills can be found here.

HB 12-1266: Continuation of Regulation of Bail Bond Providers; Division of Insurance to Regulate

On February 7, 2012, Rep. Jerry Sonnenberg and Sen. John Morse introduced HB 12-1266 – Concerning the Continuation of the Licensing of Persons who Furnish Bail for Compensation. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Sunset Review Process

The bill continues the regulation of bail bonding agents until September 1, 2017. The daily bond register requirement is replaced with a requirement that the information be kept in a case file and clarifies that the requirement applies to cash bonding agents and professional cash bail agents. A prohibition against licensing firms is repealed. Bail-related transactions are required to be made on forms approved by the division of insurance. On February 28 the Judiciary Committee amended the bill and referred it to the Appropriations Committee for consideration of the fiscal impact. The bill is not listed on the Appropriations Committee calendar.

Summaries of other featured bills can be found here.

HB 12-1263: Preventing State Agencies from Advertising that People with Criminal Records are Precluded from Employment

On February 7, 2012, Rep. Claire Levy and Sen. Pat Steadman introduced HB 12-1263 – Concerning Reducing Barriers to Employment by State of Colorado Agencies by People with Criminal Records. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

If an agency requires an applicant’s criminal history in the hiring process, the agency may not:

  • Unless a statute prohibits a person convicted of a specific crime from serving in that position, indicate that a person with a criminal record may not apply; and
  • Inquire or determine the applicant’s criminal history until the agency makes a conditional offer of employment.

If the applicant has a criminal conviction, the agency must consider the following factors when deciding whether the conviction disqualifies the applicant from the position:

  • The nature of the conviction;
  • The relationship between the conviction and the specific position for hire and the bearing, if any, the conviction will have on his or her fitness or ability to perform the duties and responsibilities including, but not limited to, whether the conviction was for unlawful sexual behavior and whether the employment would place the applicant in contact with vulnerable persons;
  • Any information produced by the applicant or produced on his or her behalf regarding his or her rehabilitation and good conduct; and
  • The time that has elapsed since the applicant’s conviction.

The bill specifies that a regulatory authority cannot consider an individual’s criminal history when granting a state license unless certain conditions are met:

  • The offense is specifically related to the profession being licensed and was committed within ten years of the application for licensure;
  • The offense is a sex offense and licensure would permit the person to be employed in a position that has contact with vulnerable persons; or
  • There is a specific statutory requirement to the contrary.

The amended bill passed out of the House on March 20 and has been assigned to the Judiciary Committee.

Summaries of other featured bills can be found here.

Tenth Circuit: Plea Agreement Waived Ineffective Assistance of Counsel Claim Because Failure to File Appeal Does Not Undermine Validity of Plea

The Tenth Circuit Court of Appeals published its opinion in United States v. Viera on Wednesday, March 28, 2012.

The Tenth Circuit affirmed the district court’s decision. Petitioner, a federal prisoner, filed a motion to vacate, set aside, or correct his sentence pursuant, alleging ineffective assistance of counsel. The district court dismissed the first three claims because Mr. Viera could not show prejudice. The district court denied relief on all claims but the fourth—that his attorney failed to file an appeal as instructed—because Petitioner waived this collateral challenge. “The court was sufficiently uncertain, however, about the waiver determination that it granted COA on the appeal issue.”

The Court determined that the plea agreement waived Petitioner’s ineffective assistance claim “because counsel’s alleged failure to file an appeal does not undermine the validity of the plea or the waiver.” Petitioner voluntarily “entered into a valid plea agreement that waived his right to bring a collateral attack except in limited circumstances not found here, and because enforcement of the waiver does not produce a miscarriage of justice,” the Court affirmed the district court’s denial of this claim.

Tenth Circuit: Unpublished Opinions, 3/28/12

On Wednesday, March 28, 2012, the Tenth Circuit Court of Appeals issued one published opinion and six unpublished opinions.

Unpublished

Schubler v. Holder, Jr.

Bush v. Wilson

Uzochukwu v. Roody

Loose v. Kogousek

Baker v. Turley

United States v. Martinez

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

State Judicial Issues New Forms for Mobile Home FED Actions

The Colorado State Judicial Branch developed and released several new forms related to mobile home forcible entry and detainer (FED)/eviction actions. Practitioners should begin using the new forms and instructions immediately.

All forms are available in Adobe Acrobat (PDF) and Microsoft Word formats. Download the new forms from State Judicial’s individual forms pages or below.

County CivilDistrict Civil

  • JDF 140 – “Instructions for Mobile Home FED” (3/12)
  • JDF 141 – “Notice to Quit Mobile Home Tenancy Contrary to Rules and Regulations of Park” (3/12)
  • JDF 142 – “Notice to Quit Owner Occupied Mobile Home” (3/12)
  • JDF 143 – “Demand Notice Owner Occupied Mobile Home for Nonpayment of Rent” (3/12)
  • JDF 144 – “Writ of Restitution Mobile Home” (3/12)
  • JDF 145 – “Motion for Entry of Judgment Mobile Home FED” (3/12)
  • JDF 146 – “Mobile Home FED Notice” (3/12)
  • JDF 147 – “Complaint in Forcible Entry and Detainer Owner Occupied

New Instructions to Request Reduced Mediation Fees Released by State Judicial

The Colorado State Judicial Branch has issued a new Filing Fees form. The new form provides instructions on how to complete a request to reduce mediation fees under JDF 211. Practitioners should begin using the new instructions immediately.

Download the new form from State Judicial’s individual forms pages, or below.

Filing Fees

  • Instruction – “Instructions to Complete Request to Reduce Mediation Fees (JDF 211)” (3/12)

State Judicial also continues to update many forms to include the new time computation (“Rule of 7”) rules and filing fee requirements. Check the State Judicial website for the most up-to-date forms. State Judicial is reviewing all JDF forms and instructions, however it is always the Parties’ responsibility to ensure compliance with the Supreme Court rules. It is therefore important to review the time calculation rule changes prior to filing, as many of the forms have not been reviewed and changed yet.