June 17, 2019

Archives for April 6, 2015

Hon. James Casebolt to Retire from Colorado Court of Appeals

On Thursday, April 3, 2015, the Colorado State Judicial Branch announced the retirement of Hon. James Casebolt of the Colorado Court of Appeals, effective July 1, 2015.

Judge Casebolt was appointed to the Colorado Court of Appeals in 1994, and has served as Deputy Chief Judge since 2005. He also serves on the Judicial Advisory Panel and the Colorado Supreme Court Committee on Civil Pattern Jury Instructions. Prior to his appointment, Judge Casebolt was a shareholder and partner at Younge & Hockensmith P.C. in Grand Junction, where he practiced civil litigation. Judge Casebolt received his B.A., magna cum laude, from Colorado College, and his law degree from the University of Colorado, where he received American Jurisprudence awards for excellence in corporations, creditor’s remedies, and estate planning.

Applications are now being accepted for the forthcoming vacancy on the Colorado Court of Appeals. Eligible applicants must be qualified electors of the State of Colorado and must have been admitted to practice law in Colorado for five years. Applications are available from the State Judicial website, and also from the ex officio chair of the Supreme Court Nominating Commission, Chief Justice Nancy Rice. Applications must be received no later than 4 p.m. on Monday, April 27, 2015, and anyone wishing to nominate another must do so no later than 4 p.m. on Monday, April 20, 2015.

For more information on the forthcoming vacancy and for contact information for members of the Supreme Court Nominating Commission, click here.

Bills Regarding Vesting of Real Estate Title, Audit of Health Exchange, and More Signed

On Friday, April 3, 2015, Governor Hickenlooper signed 13 bills into law. To date, the governor has signed 102 bills this legislative session. The bills signed Friday are summarized here.

  • SB 15-002 – Concerning an Extension of the Date by which the Executive Director of the Department of Public Safety Must Submit to the Joint Budget Committee a Report Regarding Statewide Radio Communications, by Sen. Ellen Roberts and Rep. J. Paul Brown. The bill extends the time in which the Department of Public Safety must report to the Joint Budget Committee regarding statewide radio communications.
  • SB 15-013 – Concerning Extending the Deadline for Peace Officers to Complete Dog Encounter Training to June 30, 2015, by Sen. David Balmer and Reps. Lois Court & Don Coram. The bill postpones the deadline for mandatory peace officer dog training to June 30, 2015.
  • SB 15-019 – Concerning the Authority of the State Auditor to Conduct a Performance Audit of the Colorado Health Benefit Exchange, by Sens. Jerry Sonnenberg & Cheri Jahn and Rep. Dan Nordberg. The bill gives the Office of the State Auditor authority to conduct a full performance evaluation of the Colorado health benefits exchange.
  • SB 15-043 – Concerning Clarifying Changes to the Prosecution Fellowship Program, by Sen. Rollie Heath and Rep. Dan Pabon. The bill clarifies that fellows in the prosecution fellowship program are contract employees.
  • SB 15-047 – Concerning Notification to Legislators About the Adoption of Executive Branch Agency Rules that Implement Newly Enacted Legislation, by Sen. Pat Steadman and Rep. Beth McCann. The bill allows members of the General Assembly to opt out of notifications from the Office of Legislative Legal Services when bills they have sponsored advance.
  • SB 15-049 – Concerning the Vesting of Title to Real Estate in a Grantee that is an Entity that has Not Yet Been Formed Once the Entity Has Been Formed, by Sen. Beth Martinez Humenik and Rep. Jon Keyser. The bill allows title to real estate to vest in an entity once the entity has been formed, prior to incorporation.
  • SB 15-051 – Concerning Legal Recourse for a Student Who is Sanctioned or Found Ineligible to Participate in an Extracurricular Activity, by Sen. Nancy Todd and Rep. Kevin Priola. The bill changes procedures for appeals by students who are sanctioned or found ineligible to participate in extracurricular activities.
  • SB 15-053 – Concerning the Ability to Furnish a Supply of Emergency Drugs for Purposes of Treating Individuals Who May Experience an Opiate-Related Drug Overdose Event, by Sen. Irene Aguilar and Reps. Beth McCann & Susan Lontine. The bill allows licensed opiate prescribers and dispensers to dispense overdose prevention drugs to relatives or others who will in good faith help the opiate addict.
  • SB 15-071 – Concerning the Ability of a Pharmacist to Substitute an Interchangeable Biological Product for a Prescribed Biological Product when Certain Conditions are Satisfied, by Sens. Cheri Jahn & Owen Hill and Reps. Beth McCann & Lois Landgraf. The bill permits pharmacists to substitute similarly equivalent and interchangeable biological products.
  • SB 15-103 – Concerning Continuation of the Compliance Advisory Panel, and, in Connection Therewith, Implementing the Recommendations of the Department of Regulatory Agencies as Contained in the 2014 Sunset Report, by Sen. Kevin Lundberg and Rep. KC Becker. The bill continues the Compliance Advisory Panel until September 1, 2026, and implements the panel’s recommendations.
  • SB 15-111 – Concerning the Continuous Appropriation to the Department of Education of Moneys in the Educator Licensure Cash Fund, by Sen. Kent Lambert and Rep. Millie Hamner. The bill grants the Department of Education continuous appropriation of funds in the Educator Licensure Cash Fund, rather than making the appropriation annually.
  • SB 15-116 – Concerning Needle-Stick Prevention, by Sen. Pat Steadman and Rep. Alec Garnett. The bill creates an exception for arrests for drug possession or drug paraphernalia possession when a person voluntarily relinquishes hypodermic needles with drug residue.
  • SB 15-161 – Concerning a Supplemental Appropriation to the Department of Revenue, by Sen. Kent Lambert and Rep. Millie Hamner. The bill makes a supplemental appropriation to the Department of Revenue.

For a complete list of Governor Hickenlooper’s 2015 legislative decisions, click here.

Colorado Supreme Court: Water Conservation Board In-Stream Flow Decisions are Quasi-Legislative

The Colorado Supreme Court issued its opinion in Farmers Water Development Co. v. Colorado Water Conservation Board on Monday, April 6, 2015.

Water Law—Administrative Proceedings and Review.

In this proceeding, the Supreme Court considered whether the Colorado Water Conservation Board’s decision to appropriate an instream flow (ISF) is quasi-legislative or quasi-judicial. The Court held that when the Board decides to make an ISF appropriation, it acts in a quasi-legislative capacity. Pursuant to CRS § 37-92-102(3), the Board’s ISF appropriation is quasi-legislative because it is a policy decision to “preserve the natural environment” “on behalf of the people of the state of Colorado,” as opposed to an adjudication of the rights of any specific party, as is the case with quasi-judicial determinations. Accordingly, the water court’s judgment was affirmed.

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

Tenth Circuit: Unpublished Opinions, 4/6/2015

On Monday, April 6, 2015, the Tenth Circuit Court of Appeals issued two published opinions and six unpublished opinions.

United States v. Woolsey

Pickup v. Colvin

United States v. Velarde

Lemmons v. Clymer

United States v. Vigil

Musket Corporation v. Star Fuel of Oklahoma, LLC

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

Colorado Supreme Court: Announcement Sheet, 4/6/2015

On Monday, April 6, 2015, the Colorado Supreme Court issued four published opinions.

In re People v. Jones

Colorado Water Conservation Board v. Farmers Water Development Co.

In the Matter of Juliet Carol Gilbert

McKenna v. White

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, 4/3/2015

On Friday, April 3, 2015, the Tenth Circuit Court of Appeals issued two published opinions and three unpublished opinions.

Meredith v. Board of County Commissioners of Sheridan County, Wyoming

United States v. Trachanas

Proline Materials, Inc. v. Proline Products, LLC

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