May 19, 2019

Archives for April 22, 2013

CJD 98-03, Regarding Judicial Solemnization of Weddings, Amended for Inclusion of Civil Union Language

Hon. Michael Bender, Chief Justice of the Colorado Supreme Court, issued an update to CJD 98-03 in April. The updated Chief Justice Directive is effective May 1, 2013.

The Chief Justice Directive discusses payment for solemnization of marriages that are performed outside of business hours, and also emphasizes that members of the judiciary may not be compensated for services performed during normal business hours. It was amended to include language regarding certification of civil unions, and the amendment is effective May 1, 2013.

For the full text of the Chief Justice Directive, click here. For all Chief Justice Directives, click here.

Colorado Supreme Court: Announcement Sheet, 4/22/13

On Monday, April 22, 2013, the Colorado Supreme Court issued two published opinions.

Mile High Cab, Inc. v. Public Utilities Commission

In the Matter of Attorney G

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Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions.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

Colorado Judicial Institute Seeks Nominations for 2013 Judicial Excellence Awards

The Colorado Judicial Institute is accepting nominations for the 2013 Judicial Excellence Awards. There are three Judicial Excellence Awards: one for a district court judge, one for a county court judge, and one for a magistrate. Past recipients include Hon. Terry Ruckriegle, Hon. C. Jean Stewart, Chief Judge Robert S. Hyatt, and Chief Judge Roxanne Bailin.

Criteria for the district court judge award include: the judge must have five years of experience on the district court bench, be an innovator who creatively deals with courtroom processes, efficiently and expeditiously manage a docket, exemplify the highest standards of judicial excellence, and be recognized as respectful and even-handed by members of the bar and court personnel.

County court judge nominees must have five years of experience on the county court bench, efficiently and expeditiously manage court dockets, be recognized by their peers as respectful and even-handed, and be respected by other judges and court staff.

Magistrate award nominees must have three years of experience on the bench (full- or part-time), be able to explain the law in terms understandable to everyone in the courtroom, possess a demeanor that makes court accessible to all, have a high level of open communication, efficiently and expeditiously manage a docket, and be respected by other judges, lawyers, and staff.

Nomination forms are available on the Colorado Judicial Institute website. The nomination period closes on May 2, 2013.

SB 13-266: Creating a Coordinated Behavioral Health Crisis Response System

On Friday, April 12, 2013, Sen. Irene Aguilar introduced SB 13-266 – Concerning a Request for Proposals Process to Create a Coordinated Behavioral Health Crisis Response System for Communities Throughout the State. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill directs the department of human services (department) to issue a request for proposals to entities with the capacity to create a statewide coordinated and seamless behavioral health crisis response system (crisis system). Proposals will be accepted for each of five specific components of a crisis system: A 24-hour crisis telephone hotline, walk-in crisis services and crisis stabilization units, mobile crisis services, residential and respite crisis services, and a public information campaign. The department is directed to establish and work with a committee of interested stakeholders, including the department of health care policy and financing, to develop the request for proposals and the selection criteria. The committee will also be responsible for reviewing proposals and awarding contracts. The request for proposals is scheduled to go out on or before Sept. 1, 2013, and contracts must be awarded on or before Jan. 1, 2014. The department is required to make annual reports to the general assembly on the progress toward implementing the crisis system.

The bill was introduced on April 12 and has been assigned to the Health & Human Services Committee; it is not listed on the printed calendar.

Since this summary, the bill was referred, amended, to the Appropriations Committee.

SB 13-259: Requiring Licensure of Private Investigators

On Tuesday, April 9, 2013, Sen. Linda Newell introduced SB 13-259 – Concerning the Regulation of Private Investigators by the Department of Regulatory Agencies. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Under the current “Private Investigators Voluntary Licensure Act” (act), a private investigator, at his or her option, may apply for a license from the division of professions and occupations (division) in the Department of Regulatory Agencies and, upon satisfaction of the criteria for licensure, the director of the division is to issue a license to the private investigator. Only a person who obtains a license from the division may refer to himself or herself as a licensed private investigator, but no private investigator is required to be licensed by the division.

As of March 1, 2014, the bill converts the voluntary licensure program to a mandatory licensure program under which all persons conducting private investigations in this state must obtain a license from the division. The bill modifies the experience criteria for licensure to eliminate the requirement that the prior experience be obtained within the prior five years.

Under the bill, a person who does not satisfy the experience requirements for licensure may register with the division as a private investigator apprentice and may engage in private investigation activities under the indirect supervision of a licensed private investigator.

The bill also requires the director to appoint an advisory committee, consisting of three licensed private investigators, one representative from law enforcement, and one public member, to make recommendations to the director concerning private investigators and the practice of private investigations.

In addition to the exemptions in current law, which are relocated to a new section in the act, the bill excludes the following persons from the requirements of the act:

  • A person serving process in accordance with rules of civil procedure;
  • A person providing paralegal services under contract with an attorney; and
  • A person recovering a fugitive.

Under the bill, licensees and registered apprentices are required to post a surety bond in an amount determined by the director by rule and are subject to discipline for failing to maintain the surety bond. Additionally the bill, a licensee is subject to discipline for failing to properly supervise a private investigator apprentice or, for licensees and registered apprentices, failing to meet generally accepted standards of private investigations practice.

The bill extends the sunset date for the “Private Investigators Licensure Act” and the functions of the director under the act from Sept. 1, 2016, to Sept. 1, 2021. The advisory committee is also subject to sunset review and repeal on Sept. 1, 2021.

The bill was introduced on April 9 and has been assigned to the Judiciary Committee; it is scheduled for committee review on April 19, “Upon Adjournment.”