June 16, 2019

Archives for February 11, 2014

University of Colorado Law School Alumni Awards Banquet on Wednesday, March 12, 2014

The University of Colorado Law School will celebrate the achievements of its alumni when it hold its 33rd Annual Law Alumni Awards Banquet on Wednesday, March 12 at the Seawell Grand Ballroom at the Denver Center for the Performing Arts. Four outstanding alumni have been chosen to receive awards.

The Honorable Roy R. Romer, class of 1952 and former Governor of Colorado, will receive the William Lee Knous Award, the highest honor that the law school can bestow upon an alumnus.

The Honorable Claudia J. Jordan, class of 1980 and Denver County Judge, Second Judicial District, will receive the Distinguished Achievement in the Judiciary Award.

Thomas M. Ray, class of 1986 and President and CEO, CoreSite, will receive the Distinguished Achievement in Industry Award.

Thomas W. Fredericks, class of 1972 and Partner, Fredericks Peebles & Morgan LLP, will receive the Distinguished Achievement in Private Practice Award.

Dean Phil Weiser will also recognize the exceptional contributions three individuals have made to Colorado Law this year with the presentation of two Dean’s Choice Awards.

Douglas J. Friednash, Shareholder at Brownstein Hyatt Farber Schreck, LLP, and Scott Martinez, Denver City Attorney, will receive the Dean Edward C. King “Pay it Forward” Award.

Ann Getches will receive the Richard Schaden “Adopted Alumna” Award.

For sponsorship information or to purchase tickets online, click here (http://www.colorado.edu/law/alumni/colorado-law-alumni-awards-banquet) or contact Cheryl Franchi at cheryl.franchi@colorado.edu.

First Bill Signed by Governor Enacts C.R.S. as Colorado Statutory Law

On Tuesday, February 11, 2014, Governor Hickenlooper signed into law the first bill of the 2014 Legislative Session. HB 14-1019 – Concerning the Enactment of Colorado Revised Statutes 2013 as the Positive and Statutory Law of the State of Colorado, introduced by Rep. Bob Gardner and Sen. Pat Steadman, amends C.R.S. § 2-5-126 by specifying that the 2013 Colorado Revised Statutes are the state’s official statutory law.

Governor Hickenlooper’s 2014 legislative decisions will be listed here as the bills are signed.

 

HB 14-1073: Amending Many Statutory Provisions Related to Recording Legal Documents

On January 8, 2014, Rep. Dan Pabon introduced HB 14-1073 – Concerning the Recording of Legal Documents. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill makes the following modifications to various statutory provisions involving the recording of deeds or other legal documents:

  • Current statutory provisions governing the issuance of bonds by a school district provide that the bonds are required to be registered by a county clerk and recorder (clerk). The bill eliminates the existing fee of $25 charged for the registration and specifies that the amount of the fee is the amount required to be paid under general provisions authorizing a clerk to impose a fee for filing or recording.
  • In connection with the Colorado Open Records Act, the bill removes from the group of records that may only be inspected by a person in interest records of an application for a marriage or a civil union license.
  • Existing statutory provisions providing the right of inspection of abstract books and related papers give abstractors, title insurance personnel, and others the opportunity to subscribe on an annual basis for a daily copy in bulk of all documents recorded and filed. The bill eliminates the ability to subscribe on an annual basis.
  • The bill specifies when a document is deemed to be received, accepted, or recorded. With respect to recorded documents, the bill requires the clerk to keep record of any reception number, volume, film, or page that is unused, and to immediately make entry into the clerk’s index. Finally, this section of the bill generally obligates the clerk to record any document by the end of business on the next business day and to keep record of the name of the recipient of the delivery of a recorded document.
  • The bill modifies existing statutory provisions governing the process of filing with the clerk an order dissolving a special district. In such circumstances, where there are no remaining funds of the district, this section of the bill permits the division of local government to claim an existing statutory exemption from payment of recording fees at the time the document is offered for recording.
  • The bill establishes that a verification of death document may be filed with the clerk as an alternative to a death certificate in connection with legal proceedings adjudicating an interest in real property of a person who is deceased.
  • Current statutory provisions provide grounds under which the clerk is not required to return the original release of a deed of trust. The bill also permits the clerk to retain the original release where it is electronically recorded. Under current law, a documentary fee is charged upon the conveyance of real property and the clerk is required to establish payment of the fee by imprinting evidence of payment on each document to which the fee applies. The bill alternately permits the clerk to establish payment of the fee in the recording annotation.
  • Under current law, a documentary fee is charged upon the conveyance of real property and the clerk is required to establish payment of the fee by imprinting evidence of payment on each document to which the fee applies. The bill of the bill alternately permits the clerk to establish payment of the fee in the recording annotation.

The bill passed second reading in the House on Friday, Feb. 7.

Since this summary, the bill passed 3rd Reading in the House. It was introduced in the Senate and assigned to the Judiciary Committee.

HB 14-1075: Reducing Unemployment Benefits for Individuals Whose Separation from Subsequent Employment was for Unsuitability of Working Conditions

On January 8, 2014, Rep. Jovan Melton introduced HB 14-1075 – Concerning a Reduction in the Deferral of Unemployment Insurance Benefits for Individuals Separated from Employment due to the Unsuitability of the Work After Accepting Work While Unemployed. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill reduces the deferral of unemployment insurance benefits to claimants who, while on unemployment, accept work and then separate from that work because it is unsuitable within 30 days after accepting the work and apply again for unemployment insurance benefits. The current deferral penalty is 10 weeks. The bill reduces the deferral period in these situations to the period of time the claimant worked prior to the separation. The bill is assigned to the Business, Labor, Economic, & Workforce Development Committee.

HB 14-1095: Requiring the Colorado Bureau of Investigation to Investigate Computer Crime

On January 14, 2014, Rep. Daniel Kagan and Sen. Linda Newell introduced HB 14-1095 – Concerning the Colorado Bureau of Investigation’s Authority to Investigate Computer Crime. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill requires the Colorado Bureau of Investigation (bureau) to:

  • Conduct criminal investigations relating to computer crime;
  • Develop and collect information with regard to computer crime in an effort to identify, charge, and prosecute criminal offenders and enterprises that unlawfully access and exploit computer systems and networks and report such information to the appropriate law enforcement organizations. The bureau must also provide awareness training and information concerning cyber-security and security risks to the information technology critical infrastructure industry.
  • Prepare annual reports concerning any activities of computer crime in Colorado for use by local or federal law enforcement officials or the governor.

On Jan. 28, the House Judiciary Committee approved the bill and moved it to the Committee on Appropriations.

Tenth Circuit: Unpublished Opinions, 2/10/14

On Monday, February 10, 2014, the Tenth Circuit Court of Appeals issued no published opinions and five unpublished opinions.

Dixon v. Colvin

Thiam v. Holder

United States v. Rayford

United States v. Williams

United States v. deWilliams

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

Judge Robert B. Smith to Retire from Logan County Court

The Colorado State Judicial Branch announced on Monday, February 10, 2014, that Judge Robert B. Smith of the Logan County Court will retire effective April 30, 2014. The judicial nominating commission for the Thirteenth Judicial District will meet on March 17, 2014, to interview applicants and select nominees for the vacancy occasioned by Judge Smith’s retirement.

Judge Smith was appointed to the Logan County Court bench in April 2000. Prior to his appointment, he was a Sterling Municipal Judge and was also in private practice in Sterling. He also has taught classes at Northeastern Junior College in Sterling.

Applications for the vacancy on the Logan County Court bench are due no later than 4 p.m. on March 3, 2014. Eligible applicants must be qualified electors of Logan County and must have a high school diploma or equivalent. Application forms are available on the State Judicial website or from the ex officio chair of the nominating commission, Justice Gregory Hobbs.