August 26, 2019

Archives for April 6, 2012

Colorado Bar Association Sending Lawyer Delegation to Cuba in October 2012

The Colorado Bar Association is announcing the opportunity to join a delegation of attorneys to visit Cuba for the purpose of researching the country’s legal system.  As President of the Colorado Bar Association, I am honored to have been selected to lead this delegation and invite you to join me in this unique opportunity.

Our delegation will undertake a comprehensive study of the Cuban legal system, from the teaching of law, to the criminal justice and judicial systems; civil and family code; business and commercial rights; and resolving domestic and international commercial conflicts.

Travel to Cuba is restricted by the Office of Foreign Assets Control (OFAC) of the United States Treasury Department.  This delegation will be travelling under OFAC regulation 31 CFR §515.564 General license for professional research.  This license supports our access to the highest level professionals in Cuba.

Each member of the delegation must be in compliance with the General License issued by OFAC authorizing full-time professionals to conduct a full-time schedule of research activities in Cuba with the likelihood that this research will be publicly disseminated. To ensure compliance, each participant in the program will be required to provide a resume and sign an affidavit attesting to his or her status as a full-time professional, paid or unpaid, in the field of research.

Travel arrangements will be made through our cooperation with Professionals Abroad, a division of Academic Travel Abroad.  The 60-year-old organization handles the logistical arrangements for prestigious organizations, such as National Geographic, The Smithsonian, The American Museum of Natural History and many top professional associations and universities. Academic Travel Abroad is licensed by the OFAC as a Travel Services Provider for US travel to Cuba, and has also arranged travel for members of the Minnesota, Illinois, New Mexico, and Washington bars.

This delegation will convene in Miami, Florida on October 7, 2012 at which time we will depart for Cuba.  We will return to the United States on October 12, 2012.  Delegates will participate in professional meetings and site visits each day; the specific meetings and topics for discussion will be determined by the research interests and composition of the team.

The estimated cost per delegation member is $4,595 U.S.D. This cost includes roundtrip international air arrangements between Miami and Havana; group transportation, meetings, accommodations in double-occupancy rooms, most meals, and essentially all other costs associated with participation, as outlined in the final schedule of activities.

For U.S. citizens, expenses associated with this program may be tax deductible as an ordinary and necessary business expense.  We suggest that you consult with a tax advisor to determine if tax deductibility is applicable to you.

Due to the extensive planning and communication involved in coordinating a program of this nature, please respond with your intentions regarding this invitation as soon as possible. Please RSVP to Professionals Abroad at 1-877-298-9677 or via the web at and search for the CBA program by name: Colorado Bar Association.   A $500 deposit is required to secure your place on the team. I look forward to hearing from you regarding your participation.

If you have questions regarding the delegation, contact our Program Representative at Professionals Abroad, at 1-877-298-9677. For additional program details, please visit

I am pleased to be involved in this exciting opportunity and hope that you will strongly consider participating in the delegation to Cuba.

HB 12-1293: Changes and Clarifications to the Laws Governing Recall Elections

On February 7, 2012, Rep. Nancy Todd introduced HB 12-1293 – Concerning Modifications to Procedures that Govern Recall Elections. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill amends, updates, and clarifies various laws governing recall elections, notably:

  • The prohibits profane or false statements from being included in either a recall petition’s statement of grounds or in an elected officer’s statement of justification, respectively;
  • The bill changes the appropriate official with whom to file a petition for recall in non-school board recall elections from the district court to the applicable political subdivision’s designated election official; The bill sets forth specific procedures for recall petitions and review of recall petitions, directs designated election officials to provide specific reasons for rejecting petitions, and allows a committee that submitted a petition not approved as to form to resubmit a corrected petition or appeal a petition deemed insufficient;
  • The bill changes the event that, for timing purposes, determines whether a recall election must be conducted notwithstanding an officer’s resignation;
  • The bill tasks designated election officials, rather than a political subdivision, with setting recall election dates, and applies current law merging certain recall elections with general elections to special district elections, if a special district director is the subject of the recall, reimburse county clerk and recorders for reasonable recall election expenses.

On March 29 the State, Veterans, & Military Affairs Committee refereed the unamended version of the bill to the House floor for 2nd reading.

Since this summary, the bill passed a Second Reading in the House.

Summaries of other featured bills can be found here.

HB 12-1292: Amending Election Laws in Various Technical and Non-Substantive Ways

On February 7, 2012, Rep. Carole Murray and Sen. Rollie Heath introduced HB 12-1292 – Concerning Technical Modifications of Laws Relating to the Administration of Elections and, In Connection Therewith, Harmonizing Current Laws with Federal Law, Altering the Time Periods Within Which Certain Actions Must Be Taken, Raising Certain Fees, and Deleting Obsolete References. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill makes various technical and nonsubstantive changes to elections laws. Current law is amended to alter or clarify elections-related deadlines , update procedures in light of modern elections practices or technology correct, streamlining the, or harmonize laws, repeal redundant provisions, and recognize the existence of more than 2 major political parties; Further:

  • The bill adds tribal identification to the list of acceptable elector identification.
  • When an elector has provided both an address of record and a deliverable mailing address, the bill requires a county clerk and recorder to use the latter for elections-related communication.
  • The bill makes gender an optional response for a person registering to vote.
  • In addition to making an in-person request to submit a change of address, the bill allows an elector to mail such request and aligns the time within which such request must be executed with the deadlines for submitting a mail-in ballot request.
  • Current law is silent as to the ability of a county clerk and recorder to cancel a voter registration application after an applicant has been apprised that his or her application is incomplete. The bill allows county clerk and recorders to cancel such deficient applications after 2 years.
  • The bill raises from $500 to $1,000 the fees to file as an unaffiliated candidate for president or vice president of the United States or congress.
  • The bill expand a candidate’s permissible use of a nickname on a ballot from primary elections to all elections, if he or she regularly uses the nickname and if it does not contain any words of the name of a major political party.
  • Currently, only county clerk and recorders may designate student election judges. The bill broadens this provision to allow any designated election official to use student election judges.
  • In order to make state law consistent with federal law, the bill allows any person to assist voters who need assistance.
  • Under the bill, an eligible elector may request his or her ballot in-person after the ballot has been printed but prior to it being mailed.

The bill allows an elector to obtain a mail ballot by making an in-person request after it has been printed but before it is mailed. The bill passed out of the House on March 21; it is now assigned to the State, Veterans, and Military Affairs Committee.

Summaries of other featured bills can be found here.

HB 12-1290: Creation of a New Income Tax Donation Checkoff for the Colorado for Healthy Landscapes Fund

On February 7, 2012, Rep. J. Paul Brown and Sen. Lois Tochtrop introduced HB 12-1290 – Concerning the Voluntary Contribution Designation Benefiting the Colorado for Healthy Landscapes Fund that Appears on the State Individual Income Tax Return Forms. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill creates the Colorado for Healthy Landscapes fund in the state treasury. For the 5 income tax years following the year in which the executive director of the department of revenue certifies to the revisor of statutes that there is a space on the income tax return form and that the Colorado for Healthy Landscapes fund voluntary contribution is next in the queue, the bill requires a voluntary contribution designation line for the fund to appear on state individual income tax return forms.

The Department of Revenue must determine annually the total amount designated to the fund and report that amount to the state treasurer and the general assembly. The state treasurer shall credit that amount to the fund.

Finally, the general assembly must appropriate annually from the fund to the department its costs of administering contributions to the fund. All moneys remaining in the fund at the end of a fiscal year shall be transferred to the Colorado Weed Management Association, the nonprofit organization that acts as fiscal manager for Colorado for Healthy Landscapes.

The bill passed out of the House on March 6. The Senate Finance Committee approved the bill and sent it to the Appropriations Committee on March 22.

Since this summary, the Senate Appropriations Committee referred the bill, unamended, to the Senate Committee of the Whole.

Summaries of other featured bills can be found here.

HB 12-1286: Moving Office of Film, Television, and Media to the Colorado Office of Economic Development and International Trade

On February 7, 2012, Rep. Tom Massey and Sen. Linda Newell introduced HB 12-1286 – Concerning Film Production Activities in Colorado and, In Connection Therewith, Making an Appropriation. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill modifies provisions governing the Colorado Office of Film, Television, and Media. The bill:

  • Moves the office to the office of economic development;
  • Adds “television show” to the definition of “film”;
  • Clarifies that sound recording is included in allowable payments for qualified local expenditures;
  • Reduces the payments allowed for each employee or contractor frnt of qualified local expenditures for a production company that does not originate the film production activities in Colorado to $1 million;
  • Requires the Colorado economic development commission to approve all conditional approvals of the incentives;
  • Requires a production company that has received conditional approval for an incentive to retain a certified public accountant licensed to practice in this state to conduct an audit of financial documents that detail the expenses incurred in the course of the film production activities in Colorado, and requires such certified public accountant to certify to the office that the requirements were met; and
  • Creates the Colorado office of film, television, and media operational account cash fund.

The bill makes conforming amendments related to moving the office and creating the cash fund. The bill makes a $3 million appropriation from the general fund to the Colorado office of film, television, and media operational account cash fund. On February 16, the bill was amended by the Economic and Business Development Committee and referred to the Finance Committee. The Finance Committee approved and mended the bill on February 29 and referred it to the Appropriations Committee.

Since this summary, the bill was amended by the Appropriations Committee and referred to the House Committee of the Whole.

Summaries of other featured bills can be found here.

Tenth Circuit: Rehearing and Amended Opinion in Wyoming National Parks Snowmobiles Case; Substance of Opinion Unchanged

The Tenth Circuit Court of Appeals revised its opinion in State of Wyoming v. Nat’l Parks Conservation Assoc. on Thursday, April 5, 2012.

The Tenth Circuit granted rehearing on the case, which was originally decided on February 29, 2012, and directed the clerk to issue an amended opinion. The substance of the opinion remains the same.

Tenth Circuit: Unpublished Opinions, 4/5/12

On Thursday, April 5, 2012, the Tenth Circuit Court of Appeals issued one published opinion and six unpublished opinions.


Cooper, Jr. v. Jones

United States v. Collins, II

United States v. Garcia-Roman

Montalvo v. Werlizh

United States v. Antone

Morales v. Jones

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