August 20, 2019

Archives for July 12, 2012

Ryan James Stuart and Jean Woodford Appointed as New Judges in Jefferson County

On Thursday, July 12, 2012, Governor John Hickenlooper announced his appointments of Ryan James Stuart and Jean Woodford to serve as county court judges in the First Judicial District, which covers Jefferson County. Stuart will fill the judgeship created by the retirement of Honorable John A. DeVita II and Woodford will fill the judgeship created pursuant to HB 12-1073.

Stuart’s judicial appointment is effective August 31 and Woodford’s is effective immediately.

Stuart is currently a District Court Magistrate in the First Judicial District where the majority of his docket consists of domestic relations cases and some dependency and neglect cases. Prior to becoming a Magistrate Judge, Stuart was a Deputy District Attorney in the First Judicial District Attorney’s Office. He also practiced civil litigation as an associate at Davis Graham & Stubbs and Brownstein Hyatt & Farber.

Woodford currently works for the Colorado Attorney General’s Office as the First Assistant Attorney General, a position she has held since 2004. Woodford is responsible for the Financial Fraud Unit, which investigates and prosecutes securities fraud, insurance fraud, and auto theft. Previously, she worked as Acting District Attorney for the Seventh Judicial District and as Assistant District Attorney.

Colorado Court of Appeals: Week of July 8, 2012 (No Published Opinions)

The Colorado Court of Appeals issued no published opinions and seventeen unpublished opinions for the week of July 8, 2012.

Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions. Case announcements are available here.

Professional Conduct Rules Revised Regarding Impartiality and Ex Parte Communications

On Wednesday, July 11, 2012, the Colorado Supreme Court released amendments to two Colorado Rules of Professional Conduct. Amendments were made to the following rules:

  • CRPC 1.12 – “Former Judge, Arbitrator, Mediator or Other Third-Party Neutral”
    • References within Comment [1] were revised as well as language relating to the Colorado Code of Judicial Conduct requiring judges to disqualify themselves in certain proceedings with lawyer conflicts.
  • CRCP 3.5 – “Impartiality and Decorum of the Tribunal”
    • Subsection (b) was revised to read that an attorney shall not “communicate ex parte with such a person during the proceeding unless authorized to do so by law or court order, or unless a judge initiates such a communication and the lawyer reasonably believes that the subject matter of the communication is within the scope of the judge’s authority under a rule of judicial conduct.
    • Comment [2] was also amended to clarify this revision about ex parte communications.

These amendments were adopted on July 11 and are effective immediately.

Click here to review the red line changes to these civil procedure rules, outlined as Rule Change 2012(12).

Tenth Circuit: Error to Instruct Jury that Former Employer Bore Heightened Burden of Proof in Establishing Entitlement to FLSA Exemption

The Tenth Circuit Court of Appeals published its opinion in Lederman v. Frontier Fire Protection, Inc. on Wednesday, July 11, 2012.

The Tenth Circuit reversed and remanded the district court’s decision. Respondent sued his former employer, Petitioner, to recover overtime pay he alleged was owed to him under the Fair Labor Standards Act (FLSA). A jury found Petitioner liable and awarded Respondent $17,440.86 in damages. Petitioner challenges the jury instructions issued by the district court. The Court found that the district court should not have instructed the jury that Petitioner bore a heightened burden of proof in establishing its entitlement to an FLSA exemption, the instruction was prejudicial errors, and therefore reversed and remanded.

Tenth Circuit: Unpublished Opinions, 7/11/12

On Wednesday, July 11, 2012, the Tenth Circuit Court of Appeals issued one published opinions and six unpublished opinions.

United States v. Hamilton

Tillman v. Bigelow

Williams v. Steward

Doyle v. The Nordam Group, Inc.

McCosar v. Standifird

United States v. Denson

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