July 18, 2019

Archives for November 2, 2015

Rule Change 2015(08) Amends Chapter 38, “Public Access to Information and Records”

On Friday, October 30, 2015, the Colorado Supreme Court announced Rule Change 2015(08), amending Chapter 38 of the Colorado Rules of Civil Procedure, “Public Access to Information and Records.” The changes amended the title of the rules from “Public Access to Records and Information” and added an extensive new Rule 2, “Public Access to Administrative Records of the Judicial Branch.” The rule follows the Colorado Open Records Act (CORA) but is not identical, and the introductory paragraph to Rule 2 states, “Many of the rule’s deviations from CORA reflect simple changes to language and streamlined organization of the rule for clarity and to better serve the public. Other, substantive deviations from CORA reflect the unique nature of the records and operations of the Judicial Branch. These changes are addressed in comments throughout the rule. The rule pertains only to administrative records and does not contemplate or control access to court records.” The previously numbered Rule 2 was renumbered as Rule 3 but suffered no other amendments.

For the text of the new rule, click here. For all of the Colorado Supreme Court’s adopted and proposed rule changes, click here.

Hon. Gerald Rafferty to Retire from 18th Judicial District Court

On Friday, October 30, 2015, the Colorado State Judicial Branch announced a change in the meeting schedule of the Eighteenth Judicial District Nominating Commission. On November 10, 2015, the nominating commission will meet to review and select applicants for nomination to the district court bench to fill vacancies created by the retirement of Hon. Timothy Fasing and Hon. Angela Arkin, both effective January 1, 2016. Applications previously submitted for the vacancy created by Judge Rafferty’s retirement will now be considered for the vacancy created by Judge Fasing’s retirement. Judge Rafferty will retire on January 23, 2016, and the nominating commission will meet on December 18, 2015, to review and select applicants for nomination.

Applications are still being accepted for the vacancy created by Judge Rafferty’s retirement. The deadline to submit applications is 4 p.m. on December 1, 2015. Eligible applicants must be attorneys admitted to practice law in Colorado for five years and must be qualified electors of the Eighteenth Judicial District. Application forms are available on the State Judicial website or from the ex officio chair of the Eighteenth Judicial District Nominating Commission, Justice Richard Gabriel.

Click here for more information on the vacancies and for contact information for the members of the nominating commission.

Tenth Circuit: Unpublished Opinions, 10/30/2015

On Friday, October 30, 2015, the Tenth Circuit Court of Appeals issued no published opinion and four unpublished opinions.

United States v. Hall

McElroy v. American Family Insurance

Knox v. Trammell

Ketiku v. Mint Urban Infinity

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