August 17, 2018

Archives for May 10, 2012

Colorado Court of Appeals: Announcement Sheet, 5/10/12

On Thursday, the Colorado Court of Appeals issued seven published opinions and thirty-nine unpublished opinions.

Published

People v. Garcia

People v. Krueger

Freedom from Religion Foundation, Inc. v. Hickenlooper

Radcliff Properties Limited Partnership, LLLP v. City of Sheridan, Colorado

In re the Marriage of Paige

Joseph v. Mieka Corp.

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Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions.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

New District Court Judgeship Created in the Sixth Judicial District

The Sixth Judicial District Nominating Commission will meet on Tuesday, June 12, 2012, to interview and select nominees for appointment by Governor Hickenlooper to the office of District Judge for the Sixth Judicial District, which serves Archuleta, La Plata, and San Juan counties. The new district court judgeship was created pursuant to HB 12-1073 and is effective July 1.

Eligible applicants for appointment to fill the vacancy must be qualified electors of the Sixth Judicial District and must have been admitted to the practice of law in Colorado for five years. Applications must be received by Thursday, May 24. The appointed district court judge will serve an initial provisional term of two years before facing a retention election. Retained judges serve six-year terms.

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

Several More Groups of Bills Signed Into Law by Governor Hickenlooper

As the legislature winds down, Governor Hickenlooper continues to sign bills into law. So far this legislative session, Governor Hickenlooper has signed 191 bills into law.

On Thursday, April 26, the governor signed ten bills into law. Four of those are summarized here.

  • HB 12-1236Concerning the Regulation of Charitable Solicitations, and, in Connection Therewith, Making an Appropriation
    Sponsored by Rep. Ken Summers and Sen. Cheri Jahn. The bill makes several changes to the regulation of charitable solicitations.
  • HB 12-1126 Concerning On-Site Wastewater Treatment Systems
    Sponsored by Rep. Cheri Gerou. The bill updates statutes related to the regulation of on-site wastewater treatment systems.
  • HB 12-1313 Concerning Procedures Related to the Statewide Initiative Title Board
    Sponsored by Rep. Libby Szabo and Sen. Bob Bacon. The bill makes several changes to the procedures of the statewide initiative Title Board.
  • HB 12-1209 Concerning the “Uniform Electronic Legal Material Act”
    Sponsored by Rep. Bob Gardner and Sen. Morgan Carroll. The bill establishes procedures for the publication and authentication of certain legal material, including the Colorado Revised Statutes, session laws, constitution, and Code of Colorado Regulations.

Governor Hickenlooper signed 19 bills into law on Thursday, May 3, 2012, including several from the Joint Budget Committee. Four of the bills signed on May 3 are summarized here.

  • HB 12-1258Concerning Regulation of Public Utilities in Terms of Alternative Fuel Vehicles
    Sponsored by Rep. Brian DelGrosso and Sen. Cheri Jahn. The bill requires public utilities to make reasonable efforts to provide service connection for fueling of alternative fuel vehicles.
  • SB 12-158Concerning the Consolidation of Two Public Housing Agencies Within the Division of Housing in the Department of Local Affairs
    Sponsored by Sen. Betty Boyd and Rep. Laura Bradford. The bill clarifies that the Division of Housing is the sole public housing authority for providing financial housing assistance, and shifts the Homeless Prevention Activities Program to the Division of Housing.
  • HB 12-1340Concerning a Reduction in the General Fund Portion of the Per Diem Rates Paid to Nursing Facilities, and, In Connection Therewith, Reducing an Appropriation
    Sponsored by Rep. Jon Becker and Sen. Kent Lambert. The bill reduces the per diem rates paid to skilled nursing facilities by 1.5 for Fiscal Year 2012-13 only.
  • SB 12-110Concerning a Fund Consisting of Surcharges on Insurance Premiums to Pay for Costs Associated with Criminal Prosecution of Insurance Fraud Investigations, and, in Connection Therewith, Making an Appropriation
    Sponsored by Sen. Pat Steadman and Rep. Claire Levy. The bill changes the amount of fees paid to the state by insurance companies to a two-tier schedule set by the Commissioner of Insurance.

On Monday, May 7, Governor Hickenlooper signed the budget bill for the next fiscal year. The bill was approved by an overwhelming majority of legislators – it received 86 yes votes and only 8 no votes. Governor Hickenlooper lauded the legislature for approving the bill with such an impressive majority. The “long bill,” HB 12-1335, contains separate links to the budgets for all state agencies, including add-ons for some agencies.

Governor Hickenlooper signed seven more bills into law on Wednesday, May 9, 2012. Three of them are summarized here.

  • SB 12-012Concerning the Department of Revenue’s Audits of Automobile Emissions Inspection Facilities
    Sponsored by Sen. Steve King and Rep. Joe Miklosi. The bill decreases the frequency of overt audits of vehicle emission inspection facilities and increases the frequency of covert audits.
  • SB 12-060Concerning Improving Medicaid Fraud Prosecution
    Sponsored by Sen. Ellen Roberts. The bill requries reporting by certain state agencies for the legislature’s use the following year in order to evaluate Medicaid fraud.
  • HB 12-1262Concerning Enactment of Amendments to the Secured Transactions Provisions of the “Uniform Commercial Code”
    Sponsored by Rep. Bob Gardner and Sen. Ellen Roberts. The bill adopts changes to the Uniform Commercial Code as recommended by the Colorado Commission on Uniform Laws.

A complete list of legislation signed by Governor Hickenlooper in 2012 is available here.

Tenth Circuit: Unpublished Opinions, 5/9/12

On Wednesday, May 9, 2012, the Tenth Circuit Court of Appeals issued no published opinions and nine unpublished opinions.

Unpublished

Mounts v. Astrue

Brown v. Wands

Anderson v. Edwards

United States v. Avitia-Bustamante

Marotta v. Cortez

United States v. Temple

Montour v. Clements

United States v. Hernandez

McIntyre v. McKune

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

February 2012 Colorado Bar Exam Results Released This Morning

Bar exam results have been posted for the February 2012 exam. 309 applicants passed the most recent bar exam and, after months of anxious waiting (which I found to be much harder than actually studying), will finally join the ranks as Colorado attorneys. Take the day to revel in it, relax, and celebrate!

Click here for more info and stats from the February 2012 Colorado Bar Exam.

As agonizing as it is awaiting the results, can you imagine not even being able to learn your fate in the semi-comfort of your own home? Before bar exam results were posted online, anxious test-takers had to wait at the dreaded “wailing wall.” Results were posted on the doors of the Supreme Court building downtown – they may still be posted there, but at least the new system allows for a bit more privacy in what definitively seems like the most important morning of many of our lives.

We at CBA-CLE wish all of you the best of luck on the beginnings of your careers. We hope to meet you in our classroom soon. (Don’t forget: if you haven’t stopped by already, you are required to take our Practicing with Professionalism course. This is a mandatory program and is a condition of admission to the Colorado Bar. There are three offerings coming up before Swearing In on Tuesday, May 29: May 15May 17, and May 23)