August 19, 2019

Archives for June 16, 2016

ABA Ethics Committee Recommends Adoption of Model Ethics Rule Prohibiting Discrimination

The ABA Center for Professional Responsibility announced that the Standing Committee on Ethics and Professional Conduct submitted with the ABA House of Delegates a resolution to amend the Model Rules of Professional Conduct to include a black-letter prohibition against discrimination. The proposed change would add a new subparagraph (g) to Model Rule 8.4, which states:

It is professional misconduct for a lawyer to:

. . .

(g) harass or discriminate on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law. This Rule does not limit the ability of a lawyer to accept, decline, or withdraw from a representation in accordance with Rule 1.16.

The proposal would also add new comments to Model Rule 8.4 explaining that “Discrimination and harassment by lawyers in violation of paragraph (g) undermines confidence in the legal profession and the legal system,” and clarifying that paragraph (g) is not intended to prohibit legitimate advocacy. The Committee on Ethics and Professional Responsibility explained that the rule is intended to further the ABA’s goal of eliminating bias and enhancing diversity in the profession.

To read more about the proposal, click here. For a redline of the proposed changes to Model Rule 8.4, click here.

Hon. Amanda K. Pearson and Hon. Susan I. Broyles to Retire

On Wednesday, June 15, 2016, the Colorado State Judicial Branch announced the retirement of two county court judges in the Twelfth Judicial District. Hon. Amanda K. Pearson of the Saguache County Court will retire, effective November 1, 2016, and Hon. Susan I. Broyles of the Conejos County Court will retire, effective January 10, 2017.

Judge Pearson was appointed to the Saguache County Court in March 1998. She is the Senior County Court Judge, and is also an Alamosa Municipal Court judge. Prior to her appointment, Pearson was in private practice, and also spent three years at the Twelfth Judicial District Attorney’s Office. She received her undergraduate degree from Adams State College and her law degree from the University of Colorado.

Judge Broyles was appointed to the Conejos County Court in October 2013. Prior to her appointment, she helped pro bono clients with with various matters, including collections, torts, business matters, traffic infractions, and more. Prior to that, she taught reading and writing to disadvantaged children at an inner city school for ten years. She also worked as a Special Assistant Attorney General representing the Department of Corrections, and was a non-attorney county court judge in Conejos County before receiving her J.D. from the University of Denver Sturm College of Law.

Applications are now being accepted for both vacancies. Eligible applicants must be qualified electors of the counties in which the vacancies occur, and must have graduated from high school or attained the equivalent. Application forms are available on the State Judicial website or from Justice Brian Boatright, the ex officio chair of the Twelfth Judicial District Nominating Commission. Applications must be received no later than 4 p.m. on July 20, 2016, and anyone wishing to nominate another must do so in writing no later than 4 p.m. on July 13, 2016.

For more information about the vacancies, click here.

Finalists Selected for Vacancy on 21st Judicial District Court

On Wednesday, June 16, 2016, the Colorado State Judicial Branch announced that the Twenty-First Judicial District Nominating Commission selected three finalists for a vacancy on the District Court, occasioned by the retirement of Hon. David A. Bottger, effective August 12, 2016. The three nominees are Michael J. Gratton, III, of Grand Junction; Gretchen B. Larson, of Grand Junction; and Lance P. Timbreza, of Grand Junction.

Under the Colorado Constitution, the governor has 15 days from June 15 in which to select one of the nominees for appointment to the bench. Comments regarding any of the nominees may be emailed to the governor at gov_judicialappointments@state.co.us.

For more information about the vacancy and the nominees, click here.

Tenth Circuit: Unpublished Opinions, 6/15/2016

On Wednesday, June 15, 2016, the Tenth Circuit Court of Appeals issued no published opinion and two unpublished opinions.

Cox v. Denning

United States v. Norton

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

Tenth Circuit: Unpublished Opinions, 6/14/2016

On Tuesday, June 14, 2016, the Tenth Circuit Court of Appeals issued no published opinion and eight unpublished opinions.

Lunnon v. Commissioner of Internal Revenue

United States v. Capra

Teran v. GB International, S.P.A.

Harmon v. McCollum

Melot v. Roberson

Self v. Travelers Indemnity Co.

Longhorn Service Co. v. Perez

In re Rich Global, LLC: Rich Dad Operating Co., LLC v. Zubrod

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