August 20, 2019

Archives for May 8, 2012

Vacancy on San Miguel County Court Following the Passing of Judge Sharon Shuteran

The Seventh Judicial District Nominating Commission will meet June 4, 2012 to interview and select nominees for appointment by Governor Hickenlooper to the office of County Judge for San Miguel County.  The vacancy is created by the May 5 passing of the Honorable Sharon E. Shuteran.

Judge Shuteran was a fourth generation Coloradoan and resident of Telluride. She graduated from the University of Denver Law School in 1978 and was appointed to the San Miguel County Court in 1984. Prior to her appointment, Judge Shuteran worked as a VISTA attorney for Legal Services in Denver and then as a Deputy District Attorney specializing in criminal law. She was also a trained mediator and conflict coach. Judge Shuteran helped establish and preside over the San Miguel Alternative Court, a program for defendants with alcohol or drug problems.

Eligible applicants for appointment to fill the vacancy must be qualified electors of San Miguel County and must have graduated high school or attained the equivalent of a high school education as indicated by the Department of Education. Applications must be received by Tuesday, May 29. The appointed county court judge will serve an initial provisional term of two years before facing a retention election. Retained judges serve four-year terms.

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

Tough Competition, Variety of Dance Marked Bar Stars Dance Off

Three past DBA presidents and their spouses showed off their moves on the dance floor after months of dance lessons and fundraising for Metro Volunteer Lawyers at the Barristers Benefit Ball on Saturday, May 5, 2012.

Each performance took a different tone:

Mark and Pat Fogg were rock and roll, dancing to “Born to Be Wild.”

Elsa Martinez Tenreiro and her husband Steve Theis performed a sultry rumba.

Bill Walters and his wife Christy Cutler’s performance was a sort of evolution of dance, highlighting various genres but capping it off with a few steps from Beyoncé’s infamous video “Single Ladies (Put a Ring on It).”

It was an addition the couple says was an idea from their daughter. It was a crowd pleaser, eliciting a roar of approval from the audience – Walters and Cutler walked away with the People’s Choice Award. The Foggs were the top fundraising couple, and together the three pairs raised more than $27,000 to benefit Metro Volunteer Lawyers.

This year’s competition marked the second time a group of attorneys took the dance floor for a “Dancing with the Stars”-esque competition. At the 2011 ball, four attorneys were paired with professional dancers. The winner, Cyndy Ciancio, stepped back on the dance floor on Saturday for an encore performance with her partner, Tim Edgar, and other dancers from Colorado Dancesport. This year, the twist in the competition came when the past DBA presidents asked to dance with their spouses rather than instructors. The couples trained with a pro for months before the competition.

The Denver Bar Association and Metro Volunteer Lawyers would like to thank all of the dancers, as well as all of our patron firms and guests, for supporting Barristers Benefit Ball, the proceeds of which are crucial in ensuring free and low-cost legal services in the Denver metro area.

(Photos by Jamie Cotten)

Colorado Supreme Court: Week of May 6, 2012 (No Opinions)

The Colorado Supreme Court issued no opinions for the week of May 6, 2012.

Tenth Circuit: Case or Controversy Consistently Found Between Officials Charged with Enforcing Law and Private Parties Potentially Subject to Enforcement

The Tenth Circuit Court of Appeals published its opinion in Consumer Data Industry Assoc. v. King on Monday, May 7, 2012.

The Tenth Circuit vacated the district court’s decision. “New Mexico enacted a law making it easier for victims of identity theft to expunge negative information from their credit reports. Before the law took effect, the Consumer Data Industry Association (“CDIA”), a trade group comprised of hundreds of consumer-data companies, brought a pre-enforcement challenge contending the law is preempted by the federal Fair Credit Reporting Act (“FCRA”). The CDIA sought declaratory and injunctive relief against the New Mexico Attorney General, who, along with aggrieved consumers, has authority to enforce the law through civil suit. Concluding equitable relief against the Attorney General would not adequately redress CDIA’s injuries, the district court dismissed the case as non-justiciable.” Petitioners appeals the district court’s decision.

The Court vacated the district court’s judgment and remanded for further proceedings. “[F]ederal courts have consistently found a case or controversy in suits between state officials charged with enforcing a law and private parties potentially subject to enforcement.” As such, Petitioners have standing to sue for injunctive relief. Also, to satisfy the ‘case or controversy’ requirement, “a request for declaratory relief must settle ‘some dispute which affects the behavior of the defendant toward the plaintiff’; Here,  Petitioners are faced with the imminent threat of the new law’s enforcement and a declaration that the challenged provisions are preempted by federal law would redress the threat of enforcement. Lastly, “ripeness is seldom an obstacle to a pre-enforcement challenge in this posture, where the plaintiff faces a ‘credible threat’ of enforcement, and ‘should not be required to await and undergo [enforcement] as the sole means of seeking relief.'”

Tenth Circuit: Courts Defer to Congress to Distinguish Between Citizens and Noncitizens and to Ensure Safety and Order

The Tenth Circuit Court of Appeals published its opinion in United States v. Huitron-Guizar on Monday, May 7, 2012.

The Tenth Circuit affirmed the district court’s sentence. Petitioner entered a conditional guilty plea to being an illegal alien in possession of firearms transported or shipped in interstate commerce and was sentenced to 18 months’ imprisonment. Petitioner is to be delivered upon release to an immigration official for deportation. On appeal, he argues that the statute under which he was convicted is unconstitutional and that the district court committed various sentencing errors in applying the Sentencing Guidelines.

The Court disagreed. “[C]ourts must defer to Congress as it lawfully exercises its constitutional power to distinguish between citizens and non-citizens, or between lawful and unlawful aliens, and to ensure safety and order. On this record, § 922(g)(5) withstands [Petitioner]’s Second Amendment and Equal Protection challenges.” Additionally, the district court did not abuse its discretion when it did not apply variances to Petitioner’s sentence.

Tenth Circuit: Unpublished Opinions, 5/7/12

On Monday, May 7, 2012, the Tenth Circuit Court of Appeals issued two published opinions and five unpublished opinions.

Unpublished

Hargrave v. Chief Asian, LLC

Bradford v. Williams

Gather v. OKANRG

Payton v. Astrue

Edwards v. Roberts

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