August 24, 2019

Archives for September 1, 2015

Hon. Janice Karlin Appointed 10th Circuit BAP Chief Judge

On Monday, August 31, 2015, the Tenth Circuit Court of Appeals announced that Hon. Janice Karlin will be the new Chief Judge of the Tenth Circuit Bankruptcy Appellate Panel, effective September 4, 2015. Judge Karlin will replace Judge Thurman, Bankruptcy Judge for the District of Utah, as Chief Judge of the BAP. Judge Thurman will continue to serve as a recalled bankruptcy judge despite his retirement.

Judge Karlin has been a judge on the Bankruptcy Appellate Panel since 2008, and prior to that was a Bankruptcy Judge for the District of Kansas since 2002. She was an Assistant United States Attorney for 22 years prior to her appointment to the bench, where she practiced civil litigation and was in charge of the Kansas City office. She received both her undergraduate and law degrees from the University of Kansas.

For more information about the appointment, click here.

Finalists Selected for Boulder County Court Vacancy

On Monday, August 31, 2015, the Colorado State Judicial Branch announced the selection of three candidates to fill a vacancy on the Boulder County Court, effective August 1, 2015. The vacancy was created by the appointment of Hon. Norma Sierra to the bench of the Twentieth Judicial District Court. The three nominees, selected on August 28 by the Twentieth Judicial District Nominating Commission, are Elizabeth H.M. Brodsky of Nederland, Jonathon P. Martin of Boulder, and Robert S. Shapiro of Louisville.

Elizabeth Brodsky has been a magistrate in the Boulder District Court since 2011, where she manages a domestic relations docket. Jonathon P. Martin is currently a Deputy District Attorney in the Twentieth Judicial District, and he previously handled commercial litigation, product liability litigation, and aviation disputes. Robert Shapiro is currently the First Assistant Attorney General for Special Prosecutions in the Colorado Attorney General’s Office.

Under the Colorado Constitution, the governor has fifteen days from August 31 in which to appoint one of the nominees to the Boulder County Court bench. Comments regarding any of the nominees may be emailed to the governor at gov_judicialappointments@state.co.us. For more information about the nominees, click here.

Colorado Court of Appeals: Sex Offender Registration Not Punishment so No Eighth Amendment Violation for Juvenile Offender Registration Requirement

The Colorado Court of Appeals issued its opinion in People in Interest of J.O. on Thursday, August 27, 2015.

Juvenile—Unlawful Sexual Contact—Indecent Exposure—Sex Offender Registration—Evidence—Eighth Amendment.

J.O., who was 15 years old at the time of the charged offenses, was adjudicated delinquent for acts that, if committed by an adult, would constitute misdemeanor unlawful sexual contact, attempted misdemeanor unlawful sexual contact, and two counts of indecent exposure. As part of adjudication, J.O. was required to register as a sex offender.

On appeal, J.O. argued that the trial court erred in ordering him to register as a sex offender because (1) he met the criterion for the magistrate to exempt him from registration, (2) the registration violated his rights under the Eighth Amendment, and (3) (1) the evidence was not sufficient to support the adjudication. Because J.O. was simultaneously adjudicated for unlawful sexual contact and indecent exposure, he did not meet the first offense criterion in CRS § 16-22-103(5)(a)(III) for exemption from sex offender registration. Additionally, because sex offender registration is not punishment, requiring him to register did not violate his constitutional rights. Finally, there was sufficient evidence showing that J.O. possessed the requisite intent for unlawful sexual contact and indecent exposure.Therefore, the evidence was sufficient to support his adjudication. The judgment was affirmed.

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

Tenth Circuit: Unpublished Opinions, 8/31/2015

On Monday, August 31, 2015, the Tenth Circuit Court of Appeals issued one published opinion and six unpublished opinions.

Taos County Magistrate Court v. Currier

Vincent v. Utah Plastic Surgery Society

United States v. Anglin

United States v. Read-Forbes

Allen v. Warden Falk

United States v. Rhone

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