April 22, 2019

Archives for April 7, 2014

e-Legislative Report: April 7, 2014

CBA Legislative Policy Committee

For readers who are new to CBA legislative activity, the Legislative Policy Committee (LPC) is the CBA’s legislative policy-making arm during the legislative session. The LPC meets weekly during the legislative session to determine CBA positions on requests from the various sections and committees of the Bar Association.

The LPC did not meet on Friday, April 4.

At the Capitol—Week of March 31

A scorecard of the committee and floor work follows.

In the House

Monday, March 31

No bills were heard on 3rd reading.

Tuesday, April 1

Passed 3rd Reading:

  • HB 14-1315. Concerning the enactment of certain model acts adopted by the national association of insurance commissioners, and, in connection therewith, enacting the credit for reinsurance model act and the portion of the insurer receivership model act that governs netting agreements. Vote: 65 yes and 0 no.
  • HB 14-1313. Concerning a requirement that the owner of a pet animal provide a valid rabies vaccination certificate prior to registering the animal with a county. Vote: 40 yes and 25 no.
  • HB 14-1045. Concerning the continuation of the breast and cervical cancer prevention and treatment program, and, in connection therewith, making an appropriation. Vote: 50 yes and 15 no.
  • HB 14-1281. Concerning the allowance for terminally ill patients to have access to investigational products that have not been approved by the federal food and drug administration that other patients have access to when they participate in clinical trials. Vote: 65 yes and 0 no.
  • HB 14-1302. Concerning the addition of a judgment against a debtor or transferee who acts with actual intent as an available remedy for a creditor in a fraudulent transfer action. Vote: 65 yes and 0 no.

Wednesday, April 2

No bills were heard on 3rd reading.

Thursday, April 3

Passed 3rd Reading:

  • SB 14-135. Concerning the repeal of certain provisions concerning the purchasing of firearms in states that are contiguous to Colorado. Vote: 61 yes, 1 no, and 3 excused.

Friday, April 4

Passed on 3rd Reading:

  • SB 14-103. Concerning the phase-out of the sale of certain low efficiency plumbing fixtures. Vote: 35 yes, 28 no, and 2 excused.
  • HB 14-1001. Concerning the creation of a property tax reimbursement for a taxpayer that owes property tax on property that has been destroyed by a natural cause, and, in connection therewith, making and reducing appropriations. Vote: 46 yes, 17 no, and 2 excused.

In the Senate

Monday, March 31

Passed on 3rd Reading:

  • HB 14-1195. Concerning the diversion of revenue collected by the division of insurance to cash funds. Vote: 35 yes and 0 no.

Tuesday, April 1

Passed on 3rd Reading:

  • SB 14-163. Concerning clarifying changes to provisions related to the sentencing of persons convicted of drug crimes. Vote: 33 yes, 0 no, and 2 excused.
  • SB 14-160. Concerning removing limitations on a transitional living program for a person with a brain injury. Vote: 33 yes, 0 no, and 2 excused.
  • HB 14-1141. Concerning the confidentiality of social security numbers under statutes protecting the privacy of individuals. Vote: 33 yes, 0 no, and 2 excused.

Wednesday, April 2

No bills were heard on 3rd Reading.

Thursday, April 3

Passed on 3rd Reading:

  • The Senate spent numerous hours debating various 2nd Reading amendments to HB 14-1336. Concerning the provision for payment of the expenses of the executive, legislative, and judicial departments of the state of Colorado, and of its agencies and institutions, for and during the fiscal year beginning July 1, 2014, except as otherwise noted—“the Budget bill.”

Friday, April 4

Passed on 3rd Reading:

  • HB 14-1282. Concerning the specification of what materials may be provided in a language other than English by an insurer to a customer. Vote: 34 yes, 0 no, and 1 excused.
  • HB 14-1336. Concerning the provision for payment of the expenses of the executive, legislative, and judicial departments of the state of Colorado, and of its agencies and institutions, for and during the fiscal year beginning July 1, 2014, except as otherwise noted—“the Budget bill.” Vote: 26 yes, 8 no, and 1 excused.

Stay tuned for 10 Bills of Interest.

 

Colorado Supreme Court: Balancing Test Applied to Determine if Defendant’s Right to Counsel of Choice Outweighed Public Interest

The Colorado Supreme Court issued its opinion in People v. Brown on Monday, April 7, 2014.

Motion to Continue—Right to Counsel of Choice.

The Supreme Court considered the balance between a defendant’s Sixth Amendment constitutional right to his or her counsel of choice and the public’s interest in the fairness and efficiency of the judicial system. The Court held that when deciding whether to grant a continuance to allow a defendant to change counsel, the trial court must conduct a multi-factor balancing test and determine whether the public’s interest in the efficiency and integrity of the judicial system outweighs the defendant’s Sixth Amendment right to counsel of choice. Accordingly, the court of appeals’ judgment was reversed and the case was remanded to the trial court for additional findings and conclusions.

Summary and full case available here.

Colorado Supreme Court: Secretary of State Exceeded Rulemaking Authority by Making Rule to Nullify Votes for Elected Official

The Colorado Supreme Court issued its opinion in Hanlen v. Gessler on Monday, April 7, 2014.

Election Law—Rulemaking Authority—Emergency Election Rules—School District Director Elections.

The Supreme Court considered whether the Colorado Secretary of State acted in excess of his rulemaking authority in promulgating Rule 10.7.5. The rule, which was promulgated as a temporary or emergency rule, permits designated election officials to determine, after ballots have been printed, that an individual appearing on the ballot is “not qualified for office,” and directs that votes cast for that individual are “invalid and must not be counted.”

The Court held that the rule is void. As a rule of general applicability, the rule conflicts with CRS § 1-4-1002(2.5)(a). It also contravenes the election code by permitting a designated election official to usurp the courts’ express authority to determine issues regarding a candidate’s eligibility that arise following certification to the ballot. Accordingly, the Court affirmed the judgment of the trial court on different grounds, and did not reach the question of whether the rule conflicts with CRS § 22-31-129, regarding school district director vacancies.

Summary and full case available here.

Colorado Supreme Court: Automatic Reversal for Denial of Challenge for Cause No Longer Appropriate

The Colorado Court of Appeals issued its opinion in People v. Montero-Romero on Monday, April 7, 2014.

Criminal Law—Juror Bias and Removal—Automatic Reversal Rule.

The People petitioned for review of the court of appeals’ judgment in People v. Montero-Romero, No. 10CA833 (Colo.App. Aug. 25, 2011) (not published pursuant to CAR 35(f)), in which that court reversed Montero-Romero’s convictions for first-degree assault and first-degree burglary and his sentence to twenty-eight years in the Department of Corrections. After concluding that the trial court abused its discretion in denying a challenge for cause on the ground of juror bias, and that Montero-Romero removed the prospective juror in question with a peremptory challenge and subsequently exhausted his remaining peremptory challenges, the court of appeals reversed, noting the Supreme Court’s rule of automatic reversal in People v. Macrander, 828 P.2d 234, 244 (Colo. 1992).

The court of appeals’ judgment was reversed. The case was remanded for reconsideration in light of People v. Novotny, 2014 CO 18, in which the Court overruled the bright-line, automatic reversal rule of Macrander and mandated an outcome-specific harmless error analysis.

Summary and full case available here.

Colorado Supreme Court: Automatic Reversal of Criminal Convictions for Juror Challenges No Longer Appropriate

The Colorado Supreme Court issued its opinion in People v. Roldan on Monday, April 7, 2014.

Criminal Law—Juror Bias and Removal—Automatic Reversal Requirement.

The People petitioned for review of the court of appeals’ judgment in People v. Roldan, ___ P.3d ___, ___, No. 08CA2487 (Colo.App. Jan. 20, 2011), in which the court reversed Roldan’s conviction for theft by receiving and his sentence to three years’ probation. The court of appeals held that the trial court abused its discretion in denying a challenge for cause on the ground of juror bias, and that Roldan removed the prospective juror in question with a peremptory challenge and subsequently exhausted his remaining peremptory challenges. In its decision, the court of appeals relied on the Supreme Court’s bright-line, automatic reversal rule in People v. Macrander, 828 P.2d 234, 244 (Colo. 1992).

Because the court of appeals relied on Macrander, rather than evaluating the likely effect of the trial court’s error on the outcome of the specific case in which it occurred, and because the automatic reversal requirement of Macrander has since been overruled, the judgment of the court of appeals was reversed. The case was remanded for reconsideration in light of the Supreme Court’s holding in People v. Novotny, 2014 CO 18.

Summary and full case available here.

Tenth Circuit: Unpublished Opinions, 4/7/2014

On Monday, April 7, 2014, the Tenth Circuit Court of Appeals issued no published opinion and one unpublished opinion.

Requena v. Roberts

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

Victims’ Rights Act Cleanup, Passive Surveillance, and More Bills Signed by Governor

On Friday, April 4, 2014, Governor Hickenlooper signed six bills into law. To date, he has signed 119 bills into law and vetoed two bills. Summaries of the six bills signed Friday are here.

  • HB 14-1148 – Concerning Guidelines for Ensuring the Rights of Victims of Crime to Participate in the Criminal Justice System, by Rep. Rhonda Fields and Sen. Cheri Jahn. The bill adds violations of civil protection orders in sex offense cases, coercion of involuntary servitude, and all child prostitution offenses to the list of crimes to which the Victims Rights Act (VRA) applies, and also amends the VRA regarding certain victim rights and notifications, among other things.
  • HB 14-1152 – Concerning Passive Surveillance Records of Governmental Entities, by Rep. Polly Lawrence and Sen. Mark Scheffel. The bill codifies the current practice of several governmental entities that use passive surveillance by specifying dates by which the passive surveillance content be destroyed.
  • HB 14-1160 – Concerning Overweight Vehicle Permits for Divisible Loads, by Reps. Diane Mitsch Bush & Don Coram and Sens. Nancy Todd & Bernie Herpin. The bill exempts waste water vehicles operated by a city from maximum load restrictions and authorized a fleet fee for overweight vehicles.
  • HB 14-1182 – Concerning Changes for the 2015-16 School Year to Certain Public Education Accountability Measures Specified in the “Education Accountability Act of 2009” to Accommodate the Transition to Administering New Statewide Assessments, by Rep. Millie Hamner and Sen. Andy Kerr. The bill authorizes the Colorado Department of Education to assign accreditation ratings and recommend performance plans that fall outside specific actions recommended by statute.
  • HB 14-1184 – Concerning Conservancy Districts that are Organized for the Purpose of Preventing Floods, by Rep. Edward Vigil and Sen. Kevin Grantham. The bill makes changes to the Pueblo Conservancy District, including increasing the number of board members and specifying election procedures, and also clarifies that a vacancy is created on a water conservancy district board when a board member no longer lives in the district.
  • HB 14-1265 – Concerning the Regulation of Games of Chance, by Rep. Dominick Moreno and Sen. Ellen Roberts. The bill makes several changes to statutes regarding games of chance (such as bingo and raffles), including exempting food eaten by volunteer workers from prohibition on remuneration for volunteers, allowing progressive bingo jackpots to carry over to the next event at the same location, allowing bingo or raffle licensees to maintain a bank account specifically for the proceeds of progressive games, and more.

For a list of Governor Hickenlooper’s 2014 legislative decisions, click here.

Colorado Supreme Court: Announcement Sheet, 4/7/2014

On Monday, April 7, 2014, the Colorado Supreme Court issued four published opinions.

People v. Roldan

People v. Montero-Romero

Hanlen v. Gessler

People v. Brown

Summaries of 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.

Tenth Circuit: Announcement Sheet, 4/4/2014

On Friday, April 4, 2014, the Tenth Circuit Court of Appeals issued no published opinion and three unpublished opinions.

Gonzales v. Bravo

Ashworth v. Rudek

Belvin v. Addison

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