August 26, 2019

Archives for September 10, 2014

Running Past Our Limits Update (Part Seven): Life in an Alternate Reality

rhodesThere’s a scene at the start of my running video where my wife and I are walking along, with a voiceover saying I never really wanted to run a marathon, I just wanted to be able to go on walks with her like we used to.

I can’t do that anymore. Walk like that, I mean. We shot that scene about ten months ago, and I can’t do that anymore.

When I saw my neurologist six months ago, I told him I’ve been surprised at how quickly my physical abilities are degenerating. It’s like there’s a timer running. I’m awesome on the machine at the gym, but when I walk it feels like time is running out. And running? Time ran out on that a long time ago.

That’s my reality. Or is it? No it’s not, but you already knew that. I don’t like living with that timer, so I relegate it to an alternate reality. Einstein said, if the facts don’t fit your theory, change the facts. That’s what I do.

The alternate reality with the timer is persistent, though. It wants to know how long I’m going to keep fighting, why I don’t just give it up as a lost cause. The people at MS Fitness Challenge have the fighting spirit. They inspire me, but I’m aware that fighting causes stress, and if what’s going on in your body is degeneration, you don’t need more stress. So instead of fighting, I relegate the timer to its alternate universe, and go on living in the reality I’ve chosen, where working out aggressively on a machine turns into healing.

The alternate reality with the timer also wants to know when I’m going to acknowledge that my experiment has run its course and come up wanting. I can’t answer that. Someone had to invent the light bulb, and we’re all glad he did, never mind how many iterations it took him. How would I ever know if I’ve tried all the possibilities of my experiment, tweaked it in all the ways it might be tweaked?

In the video I say, “I don’t have to get motivated to do this. I run from here [tapping my chest]. That’s what impossible feels like That’s what your impossible would feel like.” All the research in the world won’t give you that.

How long should you try?

Jim Rohn

I’m in this until. Pretty simple.

In the video, the guy behind the camera asks me if my experiment is working, and I admit it’s not. Because of that, I wondered out loud one of our planning sessions whether doing the video was worth it. He brushed my hesitation aside. “Everybody needs inspiration,” he said. End of discussion.

So the timer ticks away in its alternate reality, while I keep working out in this one. I get a lot of benefits from doing this. Discipline. Perseverance. Amazing overall good health. Not to mention lots of material to blog about and use in my workshops. Plus the joy of trying to hit a training goal that has me sweating buckets and willing my errant foot back into line, then finishing and barely making it to a nearby chair to sit down and massage the feeling back into my feet. If I quit, I’d miss all that. Honest.

But I’d trade it all for a walk around the block with my wife.

Seven years ago, Kevin Rhodes left his law practice to start a creative venture. His reflections on what happened next appear in an article about law career exit strategies in the August issue of The Colorado Lawyer (here’s the introduction, and here’s the article). His new ebook, Life Beyond Reason: A Memoir of Mania, chronicles his misadventures and lessons learned, and is available as a FREE download at iTunes, Barnes & Noble, Scribd, or wherever else you normally get ebooks. Or follow this link to the distributor’s page, where it’s available as a FREE download in all formats — phone, Kindle, as a PDF, etc. You can email Kevin at

Chief Judge Stephen M. Munsinger of First Judicial District Court to Retire

On Tuesday, September 9, 2014, the Colorado State Judicial Branch announced the retirement of Hon. Stephen M. Munsinger, Chief Judge of the First Judicial District Court. His retirement is effective November 17, 2014.

Munsinger received his undergraduate degree from Kansas State University and joined the U.S. Army, where he achieved the rank of captain in field artillery and aviation. He went to law school at the University of Colorado and received his J.D. in 1971. After law school, he worked in the Denver District Attorney’s Office from 1972 through 1975 and the U.S. Attorney’s Office from 1975 to 1979. In 1979, he entered private practice, where he remained until his appointment to the First Judicial District Court in 2001. He is now the Chief Judge of the First Judicial District.

Applications are being accepted for the forthcoming vacancy. Eligible applicants must be qualified electors of the First Judicial District and must have been licensed to practice law in Colorado for five years. Application forms are available on the State Judicial website and are also available from the ex officio chair of the First Judicial District Nominating Commission, Justice William Hood. The original, signed application, along with an electronically-submitted PDF copy, must be returned to Justice Hood no later than 4 p.m. on October 6, 2014. Anyone wishing to nominate another must do so no later than 4 p.m. on September 29, 2014.

For more information about the vacancy, click here.

Application Period Open for Judicial Nominating Commission Vacancies

The Colorado State Judicial Branch announced on Monday, September 8, 2014, that several of the state’s judicial district nominating commissions, as well as the Supreme Court Nominating Commission, will have vacancies as of December 31, 2014. Applications are available on the State of Colorado Boards and Commissions application page, and may only be submitted online on that page. Applications will be accepted through October 31, 2014.

The following nominating commissions will have vacancies:

  • Supreme Court Nominating Commission – one vacancy for an attorney in the Second Congressional District.
  • Eleventh Judicial District Nominating Commission – three vacancies, two for attorneys and one for a non-attorney. No more than two appointees may be registered Democrats.
  • Fourteenth Judicial District Nominating Commission – one non-attorney vacancy.
  • Fifteenth Judicial District Nominating Commission – one non-attorney vacancy.
  • Twentieth Judicial District Nominating Commission – two attorney vacancies. No more than one appointee may be a registered Republican.
  • Twenty-Second Judicial District Nominating Commission – one non-attorney vacancy. The appointee may not be a registered Republican.

For more information about the judicial nominating commissions, click here. For the application page, click here.

Tenth Circuit: Unpublished Opinions, 9/10/2014

On Wednesday, September 10, 2014, the Tenth Circuit Court of Appeals issued no published opinion and four unpublished opinions.

Garcia v. Lind

United States v. Murray

Warrence v. Obama

A.H. v. Evenflo Company, Inc.

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

New Legal Technology: Reduced Risk, Increased Flexibility, Automated Systems—Better for Lawyers

tech-lawIt’s estimated that 90% of lawyers use mobile to check email; 34% of lawyers use tablets in the courtroom; 27% of law firms have legal blogs; 10% of individual lawyers have blogs; 48% use a tablet at work (and the tablet is capturing laptop share); 17% use litigation support software; 39% of blogs resulted in clients or referrals; 40% of solos and 30% of all lawyers use cloud services; and 58% use Dropbox to transfer and store files. Technology (including legal technology) moves fast, with new products and updates arriving at a dizzying pace.

Wouldn’t it be nice if this burgeoning technology resulted in less time in the office and an increase in billings? Many attorneys are finding this to be the case. Automating systems and keeping better track of files and cases has actually resulted in more flexibility and peace of mind for attorneys, even those having to juggle more responsibilities. In addition, smaller firms have discovered by using new technologies they are able to better compete with larger firms.

This year’s first Colorado Legal Technology Expo is October 27-28, 2014, at the CBA-CLE offices in Denver. The Legal Technology Expo is free and the place for the technology and legal communities to interact and to mutually benefit.

Not only will there be legal technology companies exhibiting, but short, educational seminars offered on the latest in technology for the legal community. Legal technology tips and best practices will be shared by experts with topics that include: Managing Interruption and Info Overload; Cloud Security; E-Recording; Using the Latest in Technology to Market Your Law Firm; and 5 Technologies Every Lawyer Should be Using Today.

We invite you to drop by, even for an hour or two, to the free Legal Tech Expo. Click here to find out more and to register for the 20-30 minute educational seminars.

CLE Program: The 2014 Colorado Legal Technology Expo

This CLE presentation will take place from Monday, October 27 through Tuesday, October 28, 2014. Click here to register.


Tenth Circuit: Unpublished Opinions, 9/9/2014

On Tuesday, September 9, 2014, the Tenth Circuit Court of Appeals issued no published opinion and one unpublished opinion.

Guy v. United States Department of Defense

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