May 24, 2019

Archives for January 22, 2014

Surviving a Personal Apocalypse — Part 6: Float Like a Butterfly

rhodesVan Wishard describes the final stage of the apocalypse archetype as the “rebirth of belief, culture and civilized order in accord with the archetypal expression of the new truth.” Edward Edinger says it’s when “there begins to appear the possibility of a conscious relation to the Self and its wholeness.” And here’s what we get from Revelation 21: 1, 4:

Then I saw a new heaven and a new earth, for the first heaven and the first earth had passed away . . . There will be no more death or mourning or crying or pain, for the old order of things has passed away.

Got all that? Me neither. What happens after all the revelation, judgment, and destruction we’ve been talking about is obviously a whole lot of New, but what precisely does that mean, and how does it come about when the personal apocalypse we’re going through is something as unheavenly as job loss, financial ruin, health crisis, etc., and there’s still a lot of earthly life yet to live?

A couple suggestions. First, if we get just one thing from the revelations of personal apocalypse, it’s that we got something we never expected, and what comes next isn’t anything we’ve ever known. Therefore we have no choice but to break from the old, because the old is broken. We need to quit, but quitting isn’t easy. As Seth Godin says in his book The Dip: A Little Book That Teaches You When to Quit (and When to Stick):

Quitting feels like a go-down moment, a moment where you look yourself in the eye and blink. Of course you are trying your best. But you just can’t do it. It’s that whole Vince Lombardi thing. If you were just a better person, you wouldn’t quit… I’d rather you focus on quitting… as a go-up opportunity.”

How can quitting be a “go-up” moment? Well, for one thing, it can signal the end of apocalyptic suffering. Consider these words, from an unlikely source:

All experience hath shown mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed.

“The forms to which [we] are accustomed” is what our apocalypse has gotten rid of. It’s time to leave our emotional attachments to them behind. If we don’t, we’ll just perpetuate our suffering.

Second, as we go about quitting, let’s not give up on myth and metaphor. They’ offer powerful assistance because they grab big, universal experiences and compress them, make them intense and accessible. They work because they force us to wrestle out of them the meaning we need in the here and now.

Consider, for example, the caterpillar-to-butterfly metaphor. It’s so profound and perfect that it feels like just another dose of sugary greeting card optimism, but real metamorphosis has no sweetness and light about it. The moment when the caterpillar is finally enclosed in its shroud is the moment when we can be certain there will be nothing left of it when the butterfly finally emerges, and tracing the molecular bond between what it was and what it becomes will always be cause for awe.

We don’t get metamorphosis with an aggressive and willful grab, but from a willingness to believe that the bond between ourselves and our post-apocalyptic lives will be forged in the cocoon’s darkness and mystery. In order to make our own personal journey to our personal “new heaven and new earth,” we need to journey past our old understanding and ability and resourcefulness, to the point where all that’s left is to spin the cocoon around ourselves, and make our transformation inevitable.

What could that possibly mean for you? Good question. And there’s an answer already forming in the depths of your soul that’s just what you need to hear. To listen will take courage, and to play it out will take vision and determination.

And speaking of which – you were wondering about the source of that earlier quote?

The Declaration of Independence.

Kevin Rhodes is a lawyer in private practice and a registered mentor with the Colorado Supreme Court’s CAMP program. He offers career coaching for lawyers and leads workshops for a variety of audiences, including the CBA’s Solo and Small Firm Section and the Job Search and Career Transitions Support Group. You can email Kevin at kevin@rhodeslaw.com.

Comment Period Open for Proposed Changes to Rules of Professional Conduct and Rules of Civil Procedure

The Colorado Supreme Court has announced proposed changes to the Colorado Rules of Professional Conduct. The public comment period for proposed changes to Comment [2A] of Colo. RPC 8.4 and a proposed new Rule 8.6 is now open. Written comments should be submitted to Christopher Ryan, Clerk of the Supreme Court, no later than 5 p.m. on February 25, 2014. There will be a public hearing on these proposed changes on March 6, 2014, at 1:30 p.m. at the Colorado Supreme Court courtroom.

Proposed changes to the Colorado Rules of Civil Procedure were also announced. Changes to C.R.C.P. 54(d) and C.R.C.P. 121, § 1-22 are submitted for public comment. Comments should be submitted in writing to Christopher Ryan by 5 p.m. on April 15, 2014, and the public hearing on the proposed changes will be held on April 29, 2014, at 1:30 p.m. in the Colorado Supreme Court courtroom.

Additional changes to the Colorado Rules of Professional Conduct were also announced, concerning the repeal and readoption of Colo. RPC 1.15. Comments regarding this proposed change are due no later than 5 p.m. on Tuesday, May 20, 2014, and should be submitted in writing to Christopher Ryan. The public hearing regarding this change will be held on June 5, 2014, at 1:30 p.m. in the Colorado Supreme Court courtroom.

For more information on these proposed changes or for the address at which to submit written comments, click here.

Colorado Court of Appeals: Announcement Sheet, 1/23/14

On Thursday, January 23, 2014, the Colorado Court of Appeals issued no published opinion and 42 unpublished opinions.

Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions. The case announcement sheet is available here.

SB 14-017: Limiting Approval of Real Estate Developments that Use Agricultural Water Rights to Irrigate Lawns

On Wednesday, January 8, 2014, Sen. Ellen Roberts introduced SB 14-017 – Concerning a Limitation on the Approval of Real Estate Developments that Use Water Rights Decreed for Agricultural Purposes to Irrigate Lawn Grass. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill prohibits a local government from approving an application for a development permit unless the local government has adopted an enforceable resolution or ordinance that limits, as a prerequisite for approval of the development permit, the amount of irrigated grass on residential lots in the development to no more than 15 percent of the total aggregate area of all residential lots in the development. “Irrigated” means supplied with water for lawn grass and does not include the use of raw water for irrigation. The 15 percent limit applies only if any part of the water supply for the development is changed from agricultural irrigation purposes to municipal or domestic use on or after Jan. 1, 2016. Assigned to the Agriculture, Natural Resources, & Energy Committee.

SB 14-016: Permitting Certain Community Clinics to Obtain Licenses to Provide Emergency Care

On Wednesday, January 8, 2014, Sen. Irene Aguilar introduced SB 14-016 – Concerning the Ability of Certain Health Care Facilities to Provide Emergency Services Outside a Hospital Setting. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Under current law, the department of public health and environment issues a community clinic license to a community clinic that provides emergency services.

The bill permits the department to continue issuing a community clinic license to a community clinic that provides emergency care if the community clinic is located more than 25 miles from a hospital in the state. On or after two years from the bill’s effective date, all other freestanding emergency rooms must be owned and operated by a licensed or certified hospital. Assigned to the Health and Human Services Committee.

SB 14-013: Allowing Recipients of Old Age Pension Benefits to Receive Certain Gifts, Grants, or Donations

On Wednesday, January 8, 2014, Sen. Steve King introduced SB 14-013 – Concerning Resources Received by a Recipient of an Old Age Pension. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

For a person eligible for an old age pension, the bill allows the person to receive up to $300 per month in gifts, grants, or donations without reducing the amount of the pension or reporting the gifts, grants, or donations. Assigned to the Finance Committee.

HB 14-1023: Allowing State Public Defender to Hire Social Workers for Juvenile Defendants

On January 8, 2014, Rep. Pete Lee and Sen. Jessie Ulibarri introduced HB 14-1023 –  Concerning the Provision of Social Workers to Juveniles. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Juvenile Defense Attorney Interim Committee

The state public defender may hire social workers to assist in defending juvenile defendants. Any report prepared by such a social worker and submitted to the court by the juvenile’s attorney shall be considered as evidence in the proper disposition of the juvenile’s case. Assigned to the Judiciary Committee.

HB 14-1022: Aligning Duration of Child Care Assistance with Child Care Authorization Eligibility Notice

On January 8, 2014, Rep. Lois Landgraf and Sen. Linda Newell introduced HB 14-1022 – Concerning Alignment of the Duration of the Child Care Authorization Notice with the Child Care Assistance Eligibility Period for Children Participating in the Colorado Child Care Assistance Program. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Early Childhood and School Readiness Legislative Commission

The bill clarifies that, if a child is enrolled in the Colorado child care assistance program, the duration of the child care authorization notice, which authorizes payment of child care costs, is the same as the period for which the child’s family is eligible for child care assistance. However, the state board of human services, by rule, may identify specific circumstances in which the authorization notice term may be less than the full period of eligibility. A county may reduce the number of families served by the child care assistance program if necessary to avoid overspending its child care block grant allocation for a fiscal year. Assigned to the Public Health Care & Human Services Committee.

HB 14-1020: Clarifying Specifications Regarding County Assessors’ Reports

On January 8, 2014, Rep. Steve Lebsock and Sen. David Balmer introduced HB 14-1020 – Concerning the Consolidation of Two Reports on Taxable Property that County Assessors Submit to Their Boards of Equalization. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

County assessors annually submit two separate reports (one regarding taxable real property and the other regarding taxable personal property), on different dates, to their county boards of equalization. The bill requires both reports to be submitted simultaneously and specifies that the submission must occur on or before each July 15 or, for counties that have elected to use an alternate protest and appeal procedure, on or before each Sept. 15. Assigned to the Finance Committee.

HB 14-1017: Modifying Statutory Provisions Related to Housing Investment Trust Fund to Increase Availability of Affordable Housing

On January 8, 2014, Rep. Crisanta Duran and Sen. Jessie Ulibarri introduced HB 14-1017 – Concerning Measures to Expand the Availability of Affordable Housing in the State, and, in Connection Therewith, Making Modifications to Statutory Provisions Establishing the Housing Investment Trust Fund, the Housing Development Grant Fund, and the Low-Income Housing Tax Credit. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

In connection with the existing housing investment trust fund, the bill:

  • Changes the name of the fund from the home investment trust fund to the housing investment trust fund (trust fund);
  • Expands the sources of moneys that may be used to support the trust fund to include any moneys made available by the general assembly, all moneys collected by the division of housing (division) for the purpose of the trust fund from federal grants and from contributions, other grants, gifts, bequests, and donations received from any other organization, entity, or individual, public or private, and any fees or interest earned on such moneys;
  • Clarifies that the division is authorized and directed to solicit, accept, expend, and disburse all moneys collected for the trust fund from the various public and private sources identified in the bill for the purpose of making, not just loans as under existing law, but also loan guarantees, and for program administration. The bill specifies that any moneys in the trust fund at the end of any fiscal year do not revert to the general fund and that moneys in the trust fund are continuously appropriated to the division for the purposes specified in statute.
  • Under current law, upon the approval of the state housing board, the division is authorized to make a loan from moneys in the trust fund to any local housing authority, public nonprofit corporation, or private nonprofit corporation for development or redevelopment costs incurred prior to the completion or occupancy of low- or moderate-income housing or for the rehabilitation of such housing. The bill deletes the enumeration of the entities entitled to borrow such moneys and also eliminates the requirement that such loan moneys may be used for development or redevelopment costs incurred prior to the occupancy of low- or moderate-income housing; and
  • Permits the division to charge the borrower an origination fee for loans made from the trust fund. The fee must be used for direct and indirect costs associated with the administration of the trust fund.

In connection with the existing housing development grant fund (fund), the bill:

  • Expands the permissible uses of moneys in the fund to include program administration;
  • Strikes existing language authorizing the division to make a grant or loan from the fund to finance foreclosure prevention activities, which has been repealed effective June 30, 2011;
  • Eliminates the requirement that the borrower is required to seek replacement loans or funding no later than 180 days from the date of the loan; and
  • Under current law, not more than $250,000 may be appropriated from the general fund in any one state fiscal year for any uses not related to construction grants or loans. The bill changes this requirement so that not more than 20 percent of the balance of moneys in the fund calculated as of July 1 of any state fiscal year may be appropriated from the general fund in any one state fiscal year for any housing-connected uses not related to construction grants or loans.

The bill also deletes obsolete language in existing statutory provisions governing the two funds.

In connection with the existing state low-income housing tax credit, the bill adds as a requirement for establishment of the credit that, where the qualified development contains 100 or more total residential units, at least 10 percent of the residential units in the development must be occupied by qualified residents. Where the qualified development contains less than 100 total residential units, not less than 15 percent of the total number of residential units in the development must be occupied by qualified residents. “Qualified resident” means an occupant of a residential unit in a qualified development whose household income is not more than 30 percent of the adjusted median income of the area in which the qualified development is located.

HB 14-1014: Modifying and Extending Job Growth Tax Credit

On January 8, 2014, Rep. Brian DelGrosso and Sen. Rollie Heath introduced HB 14-1014 – Concerning Modifications to the Job Growth Incentive Tax Credit. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

For income tax years commencing on or after Jan. 1, 2014, the bill modifies the job growth incentive tax credit by extending the tax credit claim period from 60 months to 96 months, lowering the average wage match from 110 to 100 percent, and changing the language that governs the commission’s approval of a project to show that the credit is a substantial factor in the decision to locate or retain the project in Colorado. Assigned to the Business, Labor, Economic, & Workforce Development Committee.

Tenth Circuit: Unpublished Opinions, 1/21/14

On Tuesday, January 21, 2014, the Tenth Circuit Court of Appeals issued three published opinions and five unpublished opinions.

Tillotson v. Pueblo State Hospital

United States v. McIntyre

United States v. Bradford

Hester v. Jewell

Weikert v. Bigelow

Case summaries are not provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.