July 21, 2019

Archives for December 24, 2014

Credit Unions Now Able to Offer Federally Insured Attorney Trust Accounts

On December 18, 2014, President Barack Obama signed into law H.R. 3468, “Credit Union Share Insurance Fund Parity Act.” This Act allows credit unions to federally insure attorney trust accounts to the maximum amount allowed under the Share Insurance Fund.

The Act requires the National Credit Union Administration Board to provide pass-through share insurance to shares of any interest in a lawyer’s IOLTA account. Previously, credit unions were not able to insure these accounts at the same levels as banks because not all clients were members of the credit union, creating a competitive disadvantage for credit unions with attorney trust accounts.


J. Ryann Peyton Named Colorado Bar Outstanding Young Lawyer of the Year

RyannPeytonIn recognition of her exceptional contributions to the legal profession and the community, J. Ryann Peyton has been named the Colorado Bar Association Young Lawyers Division’s Gary L. McPherson Outstanding Young Lawyer of the Year.

Peyton, 32, is currently Special Counsel to The Harris Law Firm. She received her J.D. degree from the University of St. Thomas School of Law, and an LLM in Taxation from the University of Denver. Peyton is the current chair of the board of The GLBT Community Center of Colorado, and a founding member and current President of the Colorado GLBT Bar Association Foundation. She is also a Colorado Bar Association Board of Governors member.

“It is an honor to be recognized by my colleagues and peers to receive this award. As a diverse attorney, I approach my practice and community engagement with a passion for recognizing and meeting the needs of underserved populations,” Peyton says. “It is a privilege to work with and lead extraordinary organizations and individuals who are working each day to advance opportunities for these often under represented communities.”

The Gary L. McPherson Outstanding Young Lawyer of the Year award is given annually to a young lawyer with an outstanding record of professional success, community service achievements, and a strong commitment to civic participation and inspiring others. McPherson was honored with the award in 1993; he went on to serve three terms in the state legislature. The award was renamed in his honor following his death in 2000.

“It is my privilege and honor to work alongside Ryann Peyton each day in our family law practice. She exemplifies the best of the noble profession of lawyering,” Rich Harris, President of The Harris Law Firm, says. “Ryann is that rare individual who balances her law practice with her important charitable work. She is truly making a difference each day for her clients and for the community.”

Peyton will be honored at the Colorado Bar Foundation’s Annual Bar Fellows Dinner on Friday, Jan. 9 at the Hyatt Regency Denver.

Colorado Supreme Court: Historical Consumptive Use Analysis May Only Be Conducted on Water Associated with Water Right

The Colorado Supreme Court issued its opinion in Concerning the Application for Water Rights of Widefield Water & Sanitation District and the City of Fountain in Custer County: Widefield Water & Sanitation District v. Witte, Division Engineer for Water Division 2 on Monday, December 22, 2014.

Historical Consumptive Use Analysis.

In this interlocutory appeal from the water court, the Supreme Court determined whether, when a decree delineates specific acreage to be irrigated, an applicant seeking to change the decreed right may conduct a historical consumptive use analysis on acreage beyond that lawfully associated with the relevant water right. The Court held that this is impermissible and that an applicant may conduct such an analysis only on acreage lawfully irrigated in accordance with the expressly decreed appropriation. Accordingly, the Court affirmed the judgment of the water court and remanded the case to that court for proceedings consistent with this opinion.

Summary and full case available here, courtesy of The Colorado Lawyer.

Tenth Circuit: Unpublished Opinions, 12/23/2014

On Tuesday, December 23, 2014, the Tenth Circuit Court of Appeals issued two published opinions and four unpublished opinions.

United States v. Burkins

Buhl v. Berkebile

United States v. Mike

United States v. 6575 Meade Court

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