August 18, 2019

Archives for June 2, 2015

Changes Announced to Colorado Rules of Civil Procedure and Colorado Rules of Criminal Procedure

Colorado Court SealOn Monday, June 1, 2015, the Colorado State Judicial Branch released Rule Change 2015(04) and Rule Change 2015(05). Rule Change 2015(04) amends Rule 32, “Sentence and Judgment,” of the Colorado Rules of Criminal Procedure. The changes are significant and amend many procedural aspects of sentencing. The changes were adopted and effective May 22, 2015.

Rule Change 2015(05) amends the Colorado Rules of Civil Procedure. The changes are extensive and mirror the changes to the Federal Rules of Civil Procedure. According to the new Comment to Rule 1, “The 2015 amendments are the next step in a wave of reform literally sweeping the nation. This reform movement aims to create a significant change in the existing culture of pretrial discovery with the goal of emphasizing and enforcing Rule 1’s mandate that discovery be administered to make litigation just, speedy, and inexpensive. One of the primary movers of this reform effort is a realization that the cost and delays of the existing litigation process is denying meaningful access to the judicial system for many people.” The rule change also added a new form, JDF 622, “Proposed Case Management Order.” The changes were adopted by the Colorado Supreme Court on May 28, 2015, and are effective July 1, 2015, for cases filed on or after July 1, 2015.

On Thursday, June 25, 2015, CLE will host a program to discuss the new rule changes and what they will mean for Colorado attorneys. Richard Holme, Hon. Thomas Kane, and Hon. Michael Berger will discuss the new rules and their significance. Don’t miss this important opportunity to learn about the requirements of the new Rules.

NEW Rules of Civil Procedure in Colorado: Effective July 1, 2015

To register for the live program, click here. To register for the webcast, click here. To register for the video replay on July 17, click here.

Can’t make the live program? Order the homestudy here — CDMP3Video OnDemand

Bills Regarding COLTAF Accounts, Marijuana Concentrate Manufacture, Revision of Statutes, and More Signed

On Friday, May 29, 2015, Governor Hickenlooper signed 29 bills into law. To date, the governor has signed 287 bills into law. The bills signed Friday are summarized here.

  • HB 15-1348 – Concerning Modifications to Statutory Provisions Governing Urban Redevelopment to Promote the Equitable Financial Contribution Among Affected Public Bodies in Connection with Urban Redevelopment Projects Allocating Tax Revenues, by Reps. Dickey Lee Hullinghorst & Polly Lawrence and Sens. Rollie Heath & David Balmer. The bill creates new requirements for urban redevelopment authorities, including changes to governance, procedures to follow, and distribution of excess funds.
  • HB 15-1186 – Concerning Home- and Community-Based Services for Children with Autism, and, in Connection Therewith, Making an Appropriation, by Rep. Dave Young and Sen. Pat Steadman. The bill expands eligibility for the Autism Waiver Program by increasing the age limit from 6 years to 8 years and removing the existing per child spending cap.
  • HB 15-1305 – Concerning a Prohibition on Manufacturing Marijuana Concentrate in an Unregulated Environment Using an Inherently Hazardous Substance, and, in Connection Therewith, Making an Appropriation, by Reps. Mike Foote & Yeulin Willett and Sens. Kevin Grantham & Michael Johnston. The bill makes it a class 2 felony for an unlicensed person to manufacture marijuana concentrate using an “inherently hazardous substance,” which term is also defined.
  • HB 15-1016 – Concerning Incentives for Precipitation Harvesting, and, in Connection Therewith, Making an Appropriation, by Rep. Don Coram and Sen. Jerry Sonnenberg. The bill establishes a 10-year pilot program for collection of rooftop precipitation for non-potable purposes.
  • HB 15-1226 – Concerning Annual License Fees for Retail Food Establishments, by Rep. KC Becker and Sen. Mary Hodge. The bill removes the statutory annual license fees for retail food establishments and orders the State Board of Health to establish the fees in rule.
  • HB 15-1229 – Concerning Retaliation Against a Prosecutor, and, in Connection Therewith, Making an Appropriation, by Rep. Beth McCann and Sen. Beth Martinez Humenik. The bill creates a new class 4 felony for the crime of retaliation against a prosecutor.
  • HB 15-1281 – Concerning Newborn Congenital Heart Defect Screening Through the Use of Pulse Oximetry, and, in Connection Therewith, Making an Appropriation, by Rep. Dianne Primavera and Sen. Mary Hodge. The bill requires that all newborns born in Colorado at a facility below 7000 feet elevation be screened for heart defects using pulse oximetry.
  • SB 15-260 – Concerning Medical Marijuana Product Testing, by Sen. Irene Aguilar and Rep. Joann Ginal. The bill authorizes creation of a medical marijuana testing facility and requires that all medical marijuana be tested once the facility is created.
  • HB 15-1372 – Concerning an Increase in the Cap Placed on the Annual Fee Each Public Utility Pays to Defray the Administrative Expenses of the Agencies Within the Department of Regulatory Agencies that Address Public Utility Matters, and, in Connection Therewith, Making an Appropriation, by Reps. Max Tyler & Jon Becker and Sens. Rollie Heath & David Balmer. The bill raises the statutory limit on fixed utility fund assessments for electric and natural gas utilities in order to cover an anticipated revenue shortfall.
  • SB 15-004 – Concerning Trained Volunteer Court-Appointed Special Advocates for Youth Brought Before a Court in a Truancy Proceeding, by Sen. Cheri Jahn and Rep. Dianne Primavera. The bill allows CASA volunteers to be appointed to help juveniles in truancy proceedings.
  • SB 15-124 – Concerning the Use of Evidence-Based Practices in Response to Technical Violations of Parole, and, in Connection Therewith, Making and Reducing Appropriations, by Sen. Michael Merrifield and Rep. Pete Lee. The bill clarifies and narrows the scope of behavior that warrants arresting a parolee for a technical violation.
  • HB 15-1365 – Concerning Adding two Youth Members to the Tony Grampsas Youth Services Board, by Rep. Beth McCann and Sen. Larry Crowder. The bill allows two youth between the ages of 15 and 25 to be added to the Tony Grampsas Youth Services Board, which administers grants to community-based programs targeting youth and their families.
  • HB 15-1373 – Concerning the Creation of a Provisional Certification to Practice Speech-Language Pathology, by Rep. Jonathan Singer and Sen. Irene Aguilar. The bill allows a speech-language pathologist to obtain a provisional certification prior to completion of a fellowship.
  • HB 15-1013 – Concerning the Implementation of Recommendation Number One Set Forth in the Study of the South Platte River Alluvial Aquifer Prepared by the Colorado Water Institute Pursuant to House Bill 12-1278, by Rep. Don Coram and Sens. Jerry Sonnenberg & Mary Hodge. The bill implements the first recommendation of the Colorado Water Institute’s study of the South Platte River alluvial aquifer – namely, the bill requires the state engineer and CWCB to select two pilot projects for lowering the water table, and it also requires the state engineer to approve or propose changes to the operation of proposed recharge structures for augmentation plans.
  • HB 15-1233 – Concerning the Creation of the Respite Care Task Force, and, in Connection Therewith, Making an Appropriation, by Rep. Lois Landgraf and Sen. Irene Aguilar. The bill creates the Respite Care Task Force to study the supply and demand of respite care services in Colorado.
  • HB 15-1313 – Concerning the Creation of a Rocky Mountain National Park License Plate to Evidence that a Vehicle Has Been Registered, and, in Connection Therewith, Making an Appropriation, by Rep. KC Becker and Sen. Randy Baumgardner. The bill creates the Rocky Mountain National Park license plate, which will be available to any applicant upon payment of the $50 special plate fee and with a donation to Rocky Mountain National Park.
  • HB 15-1350 – Concerning Performance Measures for Accrediting an Alternative Education Campus, by Rep. Brittany Pettersen and Sen. Owen Hill. The bill requires the Colorado Department of Education to convene stakeholder meetings to review statutes and State Board of Education rules relating to alternative education campuses.
  • HB 15-1364 – Concerning a Limitation on the Scope of an Inspection of a Small Hydroelectric Energy Facility Conducted by the State Electrical Board, by Reps. Don Coram & Diane Mitsch Bush and Sens. Jerry Sonnenberg & Kerry Donovan. The bill clarifies when limited inspections apply to small hydroelectric facilities.
  • HB 15-1371 – Concerning an Exemption from the “Unclaimed Property Act” for Funds Held in Certain Lawyer Trust Accounts, by Reps. Dan Pabon & Yeulin Willett and Sen. Michael Johnston. The bill exempts COLTAF funds from the “Unclaimed Property Act.”
  • HB 15-1379 – Concerning Creation of Marijuana Permitted Economic Interest Registrations, and, in Connection Therewith, Making an Appropriation, by Rep. Dan Pabon and Sen. Owen Hill. The bill allows people who are not Colorado residents to apply for authorization to hold a permitted economic interest in a marijuana business.
  • SB 15-102 – Concerning the Continuation of the Securities Board, and, in Connection Therewith, Implementing the Recommendations of the 2014 Sunset Report by the Department of Regulatory Agencies, by Sen. Chris Holbert and Rep. Pete Lee. The bill implements the recommendation of the securities board sunset review by continuing the board until September 1, 2026.
  • SB 15-207 – Concerning the Authority of the State to Enter Into Lease-Purchase Agreements for the Refinancing of the Colorado Bureau of Investigation’s Grand Junction Regional Office and Forensic Laboratory, by Sens. Randy Baumgardner & Ray Scott and Rep. J. Paul Brown. The bill authorizes the state treasurer to enter into lease-purchase agreements to refinance revenue bonds used to construct the CBI Grand Junction office.
  • SB 15-208 – Concerning Capital-Related Expenditures, and, in Connection Therewith, Granting the Controller Authority to Allow Expenditures for Capital Construction Budget Appropriations if Nonmonetary Adjustments are Needed When the Legislature is Not in Session, Adding a Capital Development Committee-Approved Waiver for the Arts in Public Places Requirement, and Clarifying the Types of Capital Construction Projects to which the Arts in Public Places Requirement Applies, by Sen. John Kefalas and Rep. J. Paul Brown. The bill adds to the allowable reasons an emergency supplemental request related to a capital appropriation can be heard and acted upon between legislative sessions.
  • SB 15-212 – Concerning a Determination that Water Detention Facilities Designed to Mitigate the Adverse Effects of Storm Water Runoff Do Not Materially Injure Water Rights, by Sen. Jerry Sonnenberg and Reps. Faith Winter & Terri Carver. The bill specifies that storm water detention, infiltration, and post-wildland fire facilities that detain water do not injure water rights.
  • SB 15-185 – Concerning Provisions to Improve Police Operations, and, in Connection Therewith, Making an Appropriation, by Sen. Michael Johnston and Rep. Rhonda Fields. The bill creates the “Community Law Enforcement Action Reporting (CLEAR) Act,” which requires the Division of Criminal Justice to compile and report certain data to the General Assembly’s judiciary committees and the Colorado Commission on Criminal and Juvenile Justice.
  • SB 15-254 – Concerning an Extension of the Period During Which Certain Incentives are Available for Municipally Owned Utilities to Obtain Additional Renewable Energy Credits Based on the Installation of Solar Electric Generation Technologies, by Sen. Kevin Grantham and Rep. Pete Lee. The bill extends the deadline for municipally owned utilities to begin operating solar electric generation technologies until December 31, 2016.
  • SB 15-264 – Concerning the Nonsubstantive Revision of Statutes in the Colorado Revised Statutes, as Amended, and, in Connection Therewith, Amending or Repealing Obsolete, Imperfect, and Inoperative Law to Preserve the Legislative Intent, Effect, and Meaning of the Law, by Sen. Michael Johnston and Rep. Daniel Kagan. The bill revises the Colorado Revised Statutes to amend or repeal obsolete, unclear, or conflicting laws.
  • SB 15-265 – Concerning Conditions that Must Be Met Before a Hospital Care Lien is Created, by Sen. Bill Cadman and Rep. Dickey Lee Hullinghorst. The bill requires hospitals to submit charges for all care provided to a person injured by a third party to all the injured person’s payors of benefits before a lien can be created.
  • HB 15-1019 – Concerning Prostitution by a Minor, and, in Connection Therewith, Minors who are Victims of Human Trafficking, by Rep. Paul Lundeen and Sen. Laura Woods. The bill establishes areas of study for the Human Trafficking Council and requires the Council to make recommendations to the General Assembly about whether legislation should be enacted regarding child prostitution and human trafficking.

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

Linda Billings-Vela and Jill M. Brady Appointed to Fourth Judicial District Court

On Friday, May 29, 2015, Governor Hickenlooper announced the appointments of Linda Billings-Vela and Jill M. Brady to the district court in the Fourth Judicial District. They will fill vacancies created by the retirement of Hon. Thomas Kennedy and the resignation of Hon. Barney Iuppa, both effective July 1, 2015.

Billings-Vela is currently a judge on the Teller County Court, where she was appointed in September 2011. Prior to her appointment to the Teller County Court bench, Judge Billings-Vela was a magistrate in the Fourth Judicial District, where she served since 2009, presiding over juvenile cases such as dependency & neglect, family treatment, and drug court cases. She was a prosecutor in the District Attorney’s Office for the Fourth Judicial District from 1995 to 1997 and again from 2001 to 2009, where she worked in the juvenile, county court, district court, and economic crimes divisions. From 1997 to 2001, Billings-Vela was an associate with Anderson Dude & Lebel. She received her undergraduate degree from Colorado College and her law degree from University of Denver Sturm College of Law.

Brady is currently a magistrate in the Fourth Judicial District, where she presides over a domestic relations docket, including dissolution of marriage, allocation of parental responsibilities, child support, and paternity. She was appointed as magistrate in 2013, and prior to that appointment she worked at Colorado Legal Services from 2007 to 2013. She was an associate at Littler Mendelson, P.C. from 2006 to 2007 and an associate at Eimer Stahl LLC from 2004 to 2006. She received her undergraduate degree from the University of Michigan and her law degree from University of Michigan Law School.

Nominees Announced for 12th Judicial District Court Judgeship

On Monday, June 1, 2015, the Colorado State Judicial Branch announced the selection of three nominees for appointment to the bench of the Twelfth Judicial District. The selected nominee will fill a vacancy created by House Bill 15-1034, effective July 1, 2015. The three nominees are Patrick H. Hayes Jr of South Fork, Jason T. Kelly of Alamosa and Amanda K. Pearson of Crestone.

Patrick H. Hayes, Jr. is currently a county court judge in Rio Grande County, presiding over a mixed docket. Jason T. Kelly is a county attorney in Alamosa. Amanda K. Pearson is a county court judge in Saguache County.

Under the Colorado Constitution, Governor Hickenlooper has 15 days from June 1 in which to select one of the nominees for appointment. Comments regarding any of the nominees may be submitted to the governor at gov_judicialappointments@state.co.us. For more information about the nominees, click here.

Tenth Circuit: Unpublished Opinions, 6/1/2015

On Monday, June 1, 2015, the Tenth Circuit Court of Appeals issued two published opinions and seven unpublished opinions.

Corral-Armendariz v. Holder

State of Oklahoma ex rel. Department of Transportation v. United States of America Small Business Administration

United States v. Muldrow

United States v. Mascheroni

Ornelas v. Lovewell

United States v. Dominguez-Ledesma

United States v. Thomas

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