August 14, 2018

Archives for February 22, 2017

Hon. John E. Popovich, Jr., to Retire from 17th Judicial District Court

On Tuesday, February 21, 2017, the Colorado State Judicial Branch announced the retirement of Hon. John E. Popovich, Jr. from the Seventeenth Judicial District Court, effective May 31, 2017.

Judge Popovich was appointed to the court in 1986. Prior to his appointment as a judge, he worked as a district court magistrate in the Seventeenth Judicial District. Judge Popovich has worked on a mixed docket, including civil, domestic relations, juvenile, criminal, probate, and mental health. He received both his undergraduate and law degrees from the University of Colorado at Boulder.

Applications are now being accepted for the upcoming vacancy. Eligible applicants must be qualified electors of the Seventeenth Judicial District and must have been registered to practice law in Colorado for five years. Application forms are available on the State Judicial website and also from the ex officio chair of the Seventeenth Judicial District Nominating Commission, Justice Brian Boatright. Applications must be received no later than 4 p.m. on March 20, 2017. Anyone wishing to nominate another must do so no later than 4 p.m. on March 13, 2017.

For more information about the vacancy, click here.

SB 17-099: Entering Into an Agreement with Other States to Adopt Popular Vote in Presidential Elections

On January 27, 2017, Sen. Andy Kerr and Rep. Paul Rosenthal introduced SB 17-099, “Concerning Adoption of an Agreement Among the States to Elect the President of the United States by National Popular Vote.”

The bill enacts and enters into with all other states joining therein the agreement among the states to elect the president of the United States by national popular vote (agreement). Among other provisions, the agreement:

  • Permits any state of the United States and the District of Columbia to become members of the agreement by enacting the agreement;
  • Requires each member state to conduct a statewide popular election for president and vice president of the United States;
  • Prior to the time set for the meeting and voting of presidential electors, requires the chief election official of each member state to determine the number of votes cast for each presidential slate in a statewide popular election and to designate the presidential slate with the largest national popular vote total as the national popular vote winner;
  • Requires the presidential elector certifying official of each member state to certify the appointment in that official’s own state of the elector slate nominated in that state in association with the national popular vote winner. At least 6 days before the day fixed by law for the meeting and voting by the presidential electors, requires each member state to make a final determination of the number of popular votes cast in the state for each presidential slate and to communicate an official statement of the determination within 24 hours to the chief election official of each other member state. Requires the chief election official of each member state to treat as conclusive an official statement containing the number of popular votes in a state for each presidential slate made by the day established by federal law for making a state’s final determination conclusive as to the counting of electoral votes by congress.
  • Specifies that the agreement governs the appointment of presidential electors in each member state in any year in which the agreement is in effect on July 20 in states cumulatively possessing a majority of the electoral votes;
  • Permits a state’s withdrawal from the agreement, except in limited circumstances;
  • Specifies that the agreement will terminate if the electoral college is abolished; and
  • Provides that the invalidity of any of the agreement’s provisions do not affect the remaining provisions.

The bill specifies that when the agreement becomes effective, it supersedes any conflicting provisions of Colorado law.

When the agreement becomes effective and governs the appointment of presidential electors, each presidential elector is required to vote for the presidential candidate and, by separate ballot, vice-presidential candidate nominated by the political party or political organization that nominated the presidential elector.

The bill was introduced in the Senate and assigned to the State, Veterans, & Military Affairs Committee. It was postponed indefinitely in committee.

HB 17-1155: Allowing Cure of Campaign Finance Disclosure Violations Without Penalty

On February 6, 2017, Rep. Dan Thurlow and Sen. Bob Gardner introduced HB 17-1155, “Concerning the Ability to Cure Campaign Finance Reporting Deficiencies without Penalty.”

Upon receipt of a complaint alleging that a campaign finance disclosure report contains errors or omissions, the bill requires the secretary of state to give notice to the committee or party treasurer by e-mail of the deficiencies alleged in the complaint. Upon receipt of the notice from the secretary of state, the committee or party treasurer may request from the appropriate officer a postponement of a hearing on the complaint and, if such request is timely submitted, has 15 business days from the date of the notice to file an addendum to the relevant report that cures any such deficiencies.

Where the committee or party treasurer files an addendum that cures all deficiencies alleged in the complaint before the expiration of the 15-day period specified in the bill, the bill prohibits the appropriate officer from assessing a penalty against the committee or treasurer that otherwise would have been assessed for the for the deficiencies for the period from the first date of the alleged violation through the expiration of the cure period. Upon filing an addendum to the relevant report by the committee or party treasurer that cures all such deficiencies, the appropriate officer is required to set a hearing to determine whether all issues raised by the complaint have been resolved. If the committee or party treasurer fails to cure any such discrepancy, any penalty imposed for such deficiency continues to accrue until further resolution of the matter.

The bill’s requirements only apply in the case of a good faith effort by a committee or party treasurer, as applicable, to make timely disclosure or where the disclosure report is in substantial compliance with governing legal requirements.

The bill was introduced in House and assigned to the State, Veterans, and Military Affairs Committee. It is scheduled to be heard in committee on February 23 upon adjournment.

Tenth Circuit: Unpublished Opinions, 2/21/2017

On Tuesday, February 21, 2017, the Tenth Circuit Court of Appeals issued three published opinions and one unpublished opinion.

Lewis v. Berryhill

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