July 16, 2019

Archives for December 18, 2014

Start the New Year Right with the DBA Health Fair

Many of us make New Year’s Resolutions to lose weight and get healthy. The DBA Health Fair can help you reach your goals.  On January 8, 2015, from 7 a.m. to 1 p.m., the DBA Fit to Practice Task Force will host the Second Annual DBA Health Fair at the CBA/DBA offices. For only $10 ($20 for non-members), you’ll earn one ethics credit and learn how to better manage stress within your practice, receive a biometric screening with cholesterol, glucose and body composition tests, have an opportunity to review your results with a physician, receive a breathing test, consult with other health professionals, and take advantage of healthy food and drinks and a free chair massage. The CLE will run from 11 a.m. to noon.

To register for the health fair and ethics CLE, click here or email lunches@cobar.org. Don’t miss this opportunity to start the new year on a healthy note!

Michael James Rourke Appointed District Attorney of 19th Judicial District

On Thursday, December 18, 2014, Governor Hickenlooper’s office announced his appointment of Michael James Rourke as the District Attorney for the Nineteenth Judicial District. Rourke will fill a vacancy created by the resignation of Kenneth R. Buck, effective January 2, 2015. Buck was elected to the 4th Congressional District and will be sworn in to Congress in January.

Rourke has been at the Nineteenth Judicial District Attorney’s office since November 2007. In 2010, he received the Robert R. Gallagher, Jr. Prosecutor of the Year Award. Currently, he is the assistant district attorney in the Nineteenth Judicial District, where he manages operations and the budget of the office. Previously, he served as Chief Deputy District Attorney, and has also been an interim district attorney. Prior to his work at the Weld County District Attorney’s office, Rourke was a deputy district attorney in the Eighteenth Judicial District.

For more information about the appointment, click here.

Colorado Court of Appeals: Announcement Sheet, 12/18/2014

On Thursday, December 18, 2014, the Colorado Court of Appeals issued four published opinions and 35 unpublished opinions.

People v. Young

LR Smith Investments LLC v. Butler

Southern Colorado Orthopaedic Clinic Sports Medicine & Arthritis Surgeons, P.C. v. Weinstein, M.D.

Nixon v. City & County of Denver 

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: Unpublished Opinions, 12/18/2014

On Thursday, December 18, 2014, the Tenth Circuit Court of Appeals issued no published opinion and seven unpublished opinions.

Karsten v. Camacho, P.A.

Singer v. Steidley

United States v. Troy A. Bong

United States v. Morain

United States v. Truby

United States v. Mendoza-Haro

Fleck v. Commissioner of Internal Revenue

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

Saving Ourselves From Ourselves (Part Four): Following Your Heart

“We are the Borg. You will be assimilated.
Lower your shields and surrender your ships.
We will add your biological and technological distinctiveness to our own.
Your culture will adapt to serve us.
Resistance is futile.”

rhodesThe “Legal Borg” is responsible for the cognitive brain damage and psychological distress we learned about in the Killing Them Softly series. The Borg also damages another organ we rarely associate with cognition: the human heart.

Stephen Harrod Buhner, author, international lecturer, master herbalist, nutritionist, and all-around out-of-the-box thinker, describes the heart’s role in cognition as follows:

While modern science generally insists that the heart is only a muscular pump, it is also true that there are more than forty thousand sensory neurons in the heart, the same kind of neurons that are found in the brain.

Each individual section of the brain contains thousands to millions of neurons, several billion when all added together. Significantly, certain crucial subcortical centers of the brain contain the same number of neurons as the heart. The heart possesses its own nervous system and, in essence, actually is a specialized brain that processes specific types of information. The heart is tightly interwoven into the neuro-physiology of the brain, interconnected with the amygdala, thalamus, and cortex. These three brain centers are primarily concerned with (1) emotional memories and processing; (2) sensory experience; and (3) problem-solving, reasoning, and learning.

What this means is that our experience of the world is routed first through our heart, which “thinks” about the experience and then sends the data to the brain for further processing. When the heart receives information back from the brain about how to respond, the brain analyzes it and decides whether the actions the brain wants to take are going to be effective. There is a neural dialogue between heart and brain, and in essence the two decide together what to do. While the brain can and does do a great many things with the information it receives, the heart can override it, directing and controlling behavior if it decides to do so.

Over the past twenty years, researchers in an emerging specialty, neurocardiology, have discovered that the heart really is a specialized brain in its own right. It can feel, sense, learn, and remember.

As the heart senses the world outside us, it generates emotions in response to the type of information or the meaning embedded within the information that we are receiving.

Many of the emotional experiences that flow through the heart are stored as memories within the heart, much as memories are stored in the brain. The heart literally learns from the emotional experiences it has and begins to act in certain ways on the basis of what it learns. It begins producing hormones and creating different beating patterns depending on what experiences flow through it and what it decides about those experiences.

Buhner observes that the modern world has lost touch with the heart’s way of learning and decision-making, and concludes by saying, “There is a reason that heart disease is the number one killer of people in the Western world.”

The Borg is wrong: resistance is not futile. We saw last time that some lawyers have escaped assimilation by entering a new law culture outside of the Borg’s influence. We don’t all have to follow their path — there are others — but all paths away from assimilation take courage, allowing our hearts to “override” our brains, “directing and controlling [our] behavior.”

I wish you courage this New Year.

Thanks for reading, and see you next year!

Kevin Rhodes has been a lawyer for nearly 30 years, in firms large and small, and in solo practice. Years ago he left his law practice to start a creative venture, and his reflections on exiting the law practice appeared in an article in the August 2014 issue of The Colorado Lawyer. His free ebook, Life Beyond Reason: A Memoir of Mania, chronicles his misadventures in leaving the law, and the lessons he learned about personal growth and transformation, which are the foundation of much of what he writes about here.

A collection of Kevin’s blog posts, Enlightenment, Apocalypse, and Other States of Mind, is now available as an ebook. Click the book title to sample and download it from the distributor’s webpage. It’s also available on from Barnes & Noble, iTunes, Amazon, and Scribd. The collection includes Forewords from Debra Austin, author of the Killing Them Softly law journal article which has been featured here, and from Ron Sandgrund, author of The Colorado Lawyer article mentioned above.

You can email Kevin at kevin@rhodeslaw.com.

JDF Forms Amended in Several Categories in November and December

The Colorado State Judicial Branch revised several forms and instructions in November and December 2014. Many categories were affected, including toll ticket appeals, juvenile delinquency, domestic relations, probate, forcible entry and detainer, and sealing cases. Amended forms are available here in PDF format, and are available for download as Word documents on State Judicial’s forms page.


  • JDF 234 – “Notice of Appeal and Designation of Record – E-470 Case” (revised 11/14)
  • JDF 235 – “Notice of Record Certified to County Court – E-470 Case” (revised 11/14)


  • JDF 219 – “Juvenile Delinquency Application for Public Defender” (revised 11/14)


  • JDF 1101 – “Petition for: Dissolution of Marriage/Legal Separation” (revised 12/14)
  • JDF 1201 – “Affidavit for Decree Without Appearance of the Parties (Marriage)” (revised 12/14)
  • JDF 1601 – “Petition for Declaration of Invalidity of Marriage” (revised 12/14)


  • JDF 100 – “Instructions for Forcible Entry and Detainer (FED)/Eviction” (revised 11/14)
  • JDF 140 – “Instructions for Mobile Home FED” (revised 11/14)


  • JDF 450 – “Order re: Appointment of Counsel at State Expense Other Than the Public Defender in a Criminal or Juvenile Delinquency Proceeding” (revised 11/14)


  • JDF 730 – “Decree of Final Discharge” (revised 12/14)
  • JDF 810 – “Court Visitor’s Report” (revised 12/14)
  • JDF 824 – “Petition for Appointment of Guardian for Minor” (revised 12/14)
  • JDF 834 – “Guardian’s Report – Minor” (revised 12/14)
  • JDF 841 – “Petition for Appointment of Guardian for Adult” (revised 12/14)
  • JDF 850 – “Guardian’s Report – Adult” (revised 12/14)
  • JDF 861 – “Petition for Appointment of Conservator for Minor” (revised 12/14)
  • JDF 876 – “Petition for Appointment of Conservator for Adult” (revised 12/14)
  • JDF 878 – “Order Appointing Conservator for Adult” (revised 12/14)
  • JDF 885 – “Conservator’s Report” (revised 12/14)


  • JDF 301 – “Instructions to File an Expungement Juvenile “JV” Case, Criminal “CR” Case, or Municipal Case” (revised 12/14)

For all of State Judicial’s JDF forms, click here.

Tenth Circuit: Unpublished Opinions, 12/17/2014

On Wednesday, December 17, 2014, the Tenth Circuit Court of Appeals issued one published opinion and five unpublished opinions.

Menge v. AT&T, Inc.

Jones v. Wyoming State Penitentiary Warden

United States v. Storey

Waltman v. Georgia-Pacific, LLC

Barber v. McKune

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