June 15, 2019

Archives for July 3, 2012

Judge Jerry Montgomery Resigning from Montrose County Court Bench

The Seventh Judicial District Nominating Commission will meet July 24, 2012 to interview and select nominees for appointment by Governor Hickenlooper to the office of County Judge for Montrose County. The vacancy will be created by the resignation of the Honorable Jerry Montgomery. The vacancy is effective immediately.

Judge Montgomery was appointed by then-Governor Bill Ritter in January 2011. He handled traffic and misdemeanor criminal trials, civil cases under $15,000, restraining orders, felony preliminary hearings, and some felony sentencings.

Eligible applicants for appointment to fill the vacancy must be qualified electors of Montrose County and must be admitted to the practice of law in Colorado. Applications must be received by Monday, July 16. The appointed county court judge will serve an initial provisional term of two years before facing a retention election. If retained in the general election, judges serve four-year terms.

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

Order Appointing CFI Amended by Chief Justice

Attachment A of Chief Justice Directive 04-08 was revised this week. CJD 04-08 concerns Court Appointments of Child and Family Investigators and Attachment A is an Order Appointing Child and Family Investigator. Attachment A is the only portion of the CJD that was revised.

Attachment A was amended to reflect the new law requiring the court appointed CFI to affirmatively disclose any relationships that could create a conflict in the court-appointed role.

The details are outlined in CJD 04-08 – “Directive Concerning Statewide Electronic Filing Standards”

If you have questions concerning this revision, contact Bill Delisio, Family Law Program Manager, at (303) 837-3623 or bill.delisio@judicial.state.co.us.

Governor Hickenlooper Appoints New Members to Two More Judicial Nominating Commissions

On Tuesday, July 3, 2012, Governor John Hickenlooper announced several Board and Commission appointments, including appointments to the Thirteenth and Seventeenth Judicial District Judicial Nominating Commissions.

Colorado’s twenty-two judicial districts have judicial district nominating commissions that select nominees for district and county judicial vacancies. Each district nominating commission is chaired by a justice of the Supreme Court, who is a non-voting member of the commission.

Commission members serve six-year terms. Non-lawyers, who are the majority of every nominating commission, are appointed by the governor. Lawyer members are appointed by joint action of the governor, attorney general, and chief justice.

The member appointed to the Thirteenth Judicial District Judicial Nominating Commission for a term expiring December 31, 2017, is:

  • Jerold A. Brandt of Holyoke, to serve as a non-attorney and as a Republican from Phillips County.

The member appointed to the Seventeenth Judicial District Judicial Nominating Commission for a term expiring December 31, 2015, is:

  • Angelo C. Chavez of Broomfield, to serve as a non attorney and as a Republican from Broomfield County.

Elizabeth Starrs Appointed as Second Judicial District Court Judge

On Tuesday, July 3, 2012, Governor John Hickenlooper announced his appointment of Elizabeth Ann Starrs to serve as a district court judge in the Second Judicial District, which covers Denver County. Starrs will fill the vacancy created by the resignation of the Honorable Christina Habas. Her appointment is effective July 13.

Elizabeth Starrs is currently a partner at Starrs Mihm LLP, a position she has held since 2003. Her present law practice focuses on extensive commercial and complex civil litigation including business torts, legal malpractice, employment, medical malpractice, and insurance bad faith. Before starting her own firm, Starrs worked for a number of private law firms, including Cooper & Kelly P.C. and Kennedy & Christopher P.C. She served as president of the Colorado Bar Association from 2006-2007.

Starrs earned her bachelor’s degree from the University of Michigan and her law degree from Suffolk University Law School.

Tenth Circuit: After Supreme Court Decision, Stolen Valor Act Is Unconstitutional; Original Opinion and Judgment Vacated

The Tenth Circuit Court of Appeals revised its opinion in United States v. Strandlof on Monday, July 2, 2012.

The Tenth Circuit vacated the opinion and judgment it originally issued on January 27, 2012. In light of the United States Supreme Court’s decision in United States v. Alvarez, 567 U.S.___, (2012)(No. 11-210), the July 16, 2010 order of the district court dismissing the amended information and charges against Petitioner for making false claims about military service is affirmed. See United States v. Strandlof, 746 F. Supp. 2d 1183 (D. Colo. 2010).

Tenth Circuit: Unpublished Opinions, 7/2/12

On Monday, July 2, 2012, the Tenth Circuit Court of Appeals issued one published opinions and three unpublished opinions.

Pine Telephone Co. v. Alcatel-Lucent USA, Inc.

Mays v. Astrue

United States v. Price, Jr.

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

2012 Legislative Update with Michael Valdez: Tales from Under the Golden Dome

It’s been a month since Governor Hickenlooper signed the last bill to come out of the 2012 legislative session. In all, over 300 bills were signed into law this year. Everything from criminal law to elder law and juvenile law to real estate law was addressed by the General Assembly, and Michael Valdez has the breakdown on which laws are poised to affect your practice and what you need to know.

He’ll be in the CBA-CLE classroom on Tuesday, July 10 to give his annual Legislative Wrap-Up CLE Presentation. Watch the teaser trailer for “Tales from Under the Golden Dome” below and register today! (Details below).

CLE Program: 2012 Legislative Update with Michael Valdez – Tales from Under the Golden Dome

This CLE presentation will take place on Tuesday, July 10. Participants may attend live in our classroom or watch the live webcast.

If you can’t make the live program or webcast, the program will also be available as a homestudy in two formats: video on-demand and mp3 download.

Service, Process, and Electronic Filing Rules Amended by Colorado Supreme Court

On July 2, 2012, the Colorado Supreme Court released numerous updates to the Colorado Rules of Civil Procedure and the Colorado Rules of County Court Civil Procedure dealing with process, service of process, and the filing of pleadings. Amendments were made to the following rules:

  • CRCP Rule 4 – “Process”
  • CRCP Rule 5 – “Service and Filing of Pleadings and Other Papers”
  • CRCP Rule 121, Section 1-26 – “Electronic Filing and Serving System”
  • CRCCCP Rule 304 – “Service of Process”
  • CRCCCP Rule 305.5 – “Electronic Filing and Serving”

These amendments were adopted on June 21 and are effective immediately.

Click here to review the red line changes to these civil procedure rules, outlined as Rule Change 2012(10).