October 18, 2018

Rule Change 2018(16) Adopted, Amending C.R.C.P. 252.10

On Thursday, October 4, 2018, the Colorado Supreme Court issued Rule Change 2018(16), amending Rule 252.10, “Eligible Claims,” of the Colorado Rules of Procedure Regarding Attorney Discipline and Disability Proceedings, Colorado Attorneys’ Fund for Client Protection, and Mandatory Continuing Legal Education and Judicial Education.

The changes to Rule 252.10 affect subparagraphs (a), (e), and (f), and reflect circumstances in which claims may be accepted and paid by the Board, including accepting claims in circumstances in which the loss is caused by the death or disability of the attorney and paying claims when client funds are no longer in the attorney’s trust account.

For a redline and clean version of Rule Change 2018(16), click here. For all of the Colorado Supreme Court’s adopted and proposed rule changes, click here.

Chad C. Miller Appointed to 4th Judicial District Court; John E. Scipione Appointed to 18th Judicial District Court

On Thursday, September 20, 2018, Governor Hickenlooper appointed Chad C. Miller to the 4th Judicial District Court and John E. Scipione to the 18th Judicial District Court. Miller will fill a vacancy created by the retirement of Hon. Theresa M. Cisneros, effective January 8, 2019, and Scipione will fill a vacancy created by the retirement of Hon. Kurt Horton, effective September 29, 2018.

Miller is currently at the Office of the State Public Defender in Colorado Springs, where he represents clients facing felony charges, including murder, sexual assault, kidnapping, child abuse, robbery, and other crimes of violence, and where he supervises other public defenders. Prior to his work at the public defender’s office, he worked at Sherman and Howard LLC and Hoffman, Reilly, Pozner, and Williamson LLP (now Reilly Pozner LLP). He received his undergraduate degree from Lehigh University and his law degree from the University of Denver Sturm College of Law.

Scipione is currently an Arapahoe County Court judge, where he oversees a docket of misdemeanor and traffic matters. Previously, he was a District Court Magistrate in the 18th Judicial District, and prior to his work as magistrate he was managing partner of the Denver office of Taussig, Scipione & Taussig, P.C. He has practiced in the areas of family law, dependency and neglect, criminal defense, commercial litigation, medical negligence, catastrophic injury and wrongful death, products liability, and employment/Title VII matters in both state and federal courts. He has also spoken at family law and litigation programs for CBA-CLE. He received his undergraduate degree from State University of New York at Binghamton and his law degree from the University of Colorado Law School.

For more information about these appointments, click here.

Judges Appointed to 3rd Judicial District Court, Las Animas County Court, and Pueblo County Court

On Friday, September 14, 2018, Governor Hickenlooper appointed judges to the 3rd Judicial District Court, Las Animas County Court, and Pueblo County Court.

John C. McKisson III was appointed to the 3rd Judicial District Court. He will fill a vacancy created by the retirement of Hon. Claude Appel, effective January 8, 2019. McKisson is currently a Huerfano County Court judge, where he oversees traffic, criminal, and civil cases, and to which position he was appointed in 2017. Prior to his appointment, McKisson was a probation officer for the 3rd Judicial District from 2013 to 2016. He also worked as an Assistant District Attorney and the Huerfano County Office Head for the District Attorney’s Office in the 3rd Judicial District from 2010 to 2013. He received his undergraduate degree from Ohio University and his law degree from Thomas Cooley Law School.

John D. Mochel was appointed to the Las Animas County Court in the 3rd Judicial District, where he will fill a vacancy created by the retirement of Hon. Bruce Billings, effective January 8, 2019. Mochel is currently Assistant General Counsel at DaVita Inc., where he has been since 2017. Prior to that, he was Associate General Counsel at Orthofix Inc., Legal Compliance Officer at Aetna, a U.S. Marine Corps Judge Advocate, and a pro bono attorney at Steptoe & Johnson PLLC. Mochel earned his undergraduate degree from Baylor University, his J.D. from West Virginia University Law School, his LL.M. from George Washington University Law School, and his M.B.A. from University of North Carolina at Chapel Hill.

Roberto A. Silva was appointed to the Pueblo County Court in the 10th Judicial District. He will fill a vacancy created by the resignation of Hon. Valerie Haynes, effective immediately. Silva is currently Managing Attorney of the Colorado Legal Services Pueblo Office, where he has been since 1999. He represents clients in protection order, divorce, child custody, consumer collections, and housing cases. Prior to his work at the Pueblo CLS office, Silva worked at Pikes Peak Arkansas River Legal Aid, as a Deputy District Attorney with the 16th Judicial District Attorney’s Office, and as a Staff Attorney with Pueblo County Legal Services. Silva received his undergraduate degree from the University of Texas El Paso and his law degree from Cornell University.

For more information about these appointments, click here.

Juan G. Villaseñor Appointed to 8th Judicial District Court; Alexandra O. Robak Appointed to Fremont County Court

On Thursday, September 13, 2018, Governor Hickenlooper announced his appointments of Juan G. Villaseñor to the 8th Judicial District Court and Alexandra O. Robak to the Fremont County Court. Villaseñor will fill a vacancy created by the retirement of Hon. Devin Odell, effective October 6, 2018. Robak will fill a vacancy created by the retirement of Hon. Norman Cooling, effective January 8, 2019.

Villaseñor is currently Assistant U.S. Attorney in the Civil Division of the U.S. Attorney’s Office, where he has been since 2008. He represents federal agencies and employees in criminal and civil cases in his role as AUSA. Villaseñor has also worked with the U.S. Department of Justice Office of the Pardon Attorney, an Assistant Attorney General with the Tennessee Attorney General’s Office, a First Amendment Fellowship Attorney with the American Civil Liberties Union, and a Law Clerk to the Honorable William J. Haynes in the U.S. District Court for the Middle District of Tennessee. Villaseñor received his undergraduate degree from St. John’s College and his law degree from Vanderbilt University Law School.

Robak is currently a Deputy State Public Defender in the Salida Regional Office of the Colorado State Public Defender. She has been with the Public Defender’s Office since 2013. She represents indigent clients accused of misdemeanor and felony crimes. She received her undergraduate degree from the University of Michigan and her law degree from Brooklyn Law School.

For more information about these appointments, click here.

Colorado Rules for Magistrates and Colorado Appellate Rules Amended

On Tuesday, September 11, 2018, the Colorado State Judicial Branch announced Rule Changes 2018(13) and 2018(14), amending the Colorado Rules for Magistrates and the Colorado Appellate Rules, respectively.

Rule Change 2018(13) amends C.R.M. 6, “Functions of District Court Magistrates,” to update references to the Colorado Rules of Probate Procedure in subparagraph (e)(1)(A). Rule Change 2018(14) amends C.A.R. 3.4, “Appeals from Proceedings in Dependency or Neglect,” to update a cross-reference to C.A.R. 53(h) in subparagraph (l).

For the redlines and clean copies of Rule Change 2018(13) and Rule Change 2018(14), click here. For all of the Colorado Supreme Court’s adopted and proposed rule changes, click here.

Ryan L. Kamada Appointed to 19th Judicial District Court

On Tuesday, September 11, 2018, Governor Hickenlooper appointed Ryan L. Kamada to the 19th Judicial District Court. He will fill a vacancy created by the retirement of Hon. Elizabeth Strobel, effective January 8, 2019.

Kamada is currently a district court magistrate in the 19th Judicial District, where he oversees a docket consisting of domestic relations, dependency and neglect, paternity, and contempt matters. Prior to his work as a magistrate, he was a contract attorney with the Office of the Child’s Representative from 2011 to 2015. He has also been a partner at Grant, Hoffman & Kamada, PC and an associate at Grant-Dickson, LLC. He received his undergraduate degree from Colorado School of Mines and his law degree from the University of Denver Sturm College of Law.

For more information about the appointment, click here.

Dennis Lee Brandenburg Appointed to Morgan County Court

On Friday, September 7, 2018, Governor Hickenlooper appointed Dennis Lee Brandenburg to the Morgan County Court in the 13th Judicial District. Brandenburg will fill a vacancy created by the retirement of Hon. Michael J. Schingle, effective January 8, 2019.

Brandenburg is currently a solo practitioner at Brandenburg Law Offices, PC, where he represents local governments in contract, real estate, and financing matters, and private clients in probate, land-lord tenant, and business matters. He also works as a municipal judge for the Town of Otis and the cities of Brush, Fort Morgan, and Sterling. He has previously been at Brandenburg & McGuire, Brandenburg Law Offices, and Brandenburg & Schultz. He received his undergraduate degree from Colorado State University and his law degree from the University of Colorado School of Law.

For more information about the appointment, click here.

Zachary I. Malkinson and Kristy A. Martinez Appointed to Boulder County Court

On Thursday, September 6, 2018, Governor Hickenlooper appointed Zachary I. Malkinson and Kristy A. Martinez to the Boulder County Court in the 20th Judicial District. They will fill vacancies created by the retirements of Hon. Noel E. Blum and Hon. Karolyn Moore, effective January 8, 2019.

Malkinson is currently a solo practitioner at Law Office of Zachary Malkinson, where he primarily practices criminal defense, including traffic, misdemeanor, and felony cases. He has previously been a partner at Malkinson Salomone, LLP and Malkinson Wheeler Law, LLP from 2010 to 2017. Prior to that, he was a public defender at the Alameda County Public Defender’s Office from 2001 to 2008 and a solo practitioner in Boulder from 2009 to 2010. He earned his undergraduate degree from the University of Iowa and his law degree from the University of California Hastings College of Law.

Martinez is currently the Director of the Korey Wise Innocence Project at the University of Colorado Law School, a position she has held since 2015. She supervises law students and volunteer attorneys who investigate and represent indigent clients in post-conviction cases involving claims of actual innocence. Prior to her work at the law school, she was in private practice at The Law Firm of Kristy A. Martinez, Esq. LLC from 2008 to 2015, and at Martinez Law LLC from 2006 to 2008. She was also a deputy district attorney at the Adams County District Attorney’s Office in 2001. She received her law degree from the University of Denver Sturm College of Law and her undergraduate degree from the University of Denver.

For more information about the appointments, click here.

Lino Lipinsky de Orlov Appointed to Colorado Court of Appeals

On Tuesday, September 4, 2018, Governor Hickenlooper appointed Lino Lipinsky de Orlov to the Colorado Court of Appeals. Lipinsky will fill a vacancy created by the retirement of the Hon. Nancy J. Lichtenstein, effective Jan. 8, 2019.

Lipinsky is currently a litigation partner at Dentons US, LLP. His practice emphasizes representation of clients in real estate, trade secrets, professional liability, creditor’s rights, employment, and contract cases. He is also a prolific author and speaker for CBA-CLE. He writes a chapter in the CBA-CLE Publication Discovery in Colorado, and has spoken at several CLE programs on topics related to discovery, e-discovery, ethics, and technology.

Lipinsky is a member of the House of Delegates of the American Bar Association, the Colorado Bar Association’s Board of Governors, and the Board of the Colorado Judicial Institute. In addition, he served on the Rule 502 Subcommittee of the Colorado Supreme Court Advisory Committee on Rules of Evidence and the E-Discovery Committee of the United States District Court for the District of Colorado. He formerly served as President of the Faculty of Federal Advocates. He received his law degree from New York University School of Law and his undergraduate degree from Brown University.

For more information about the appointment, click here.

Kurt Beckenhauer Appointed to Montrose County Court

On Friday, August 31, 2018, the Colorado State Judicial Branch announced the appointment of Kurt Beckenhauer to the Montrose County Court in the Seventh Judicial District. Beckenhauer will fill a vacancy created by the resignation of the Hon. Julie J. Huffman, effective Sept. 1, 2018.

Beckenhauer is currently a Deputy District Attorney in the 7th Judicial District Attorney’s Office, where he has been since 2009, and where he prosecutes felony criminal cases in county and district court. He has also had experience prosecuting traffic and misdemeanor cases. Prior to working for the District Attorney’s Office, he was a contract attorney for Graves, Bartle, Marcus, and Barrett, LLC. He received his undergraduate degree from Wheaton College and his law degree from Washington and Lee University School of Law.

For more information about the appointment, click here.

Chief Justice Directive 85-25 Amended to Update Procedures for Filing Oaths of Office

The Colorado State Judicial Branch released an updated version of CJD 85-25, “Oaths of Office for Judges and Magistrates,” dated August 2018. The CJD was amended to reflect changes adopted in HB 18-1138, “Concerning Standardizing Public Official Oaths of Office, and, in Connection Therewith, Providing a Uniform Oath Text and Establishing Requirements for Taking, Subscribing, Administering, and Filing Public Oaths of Office.”

The amendments to the CJD indicate that county court judges must file their oaths of office with the county clerk and recorder of their respective counties, as required by the Colorado Constitution, as well as with the Secretary of State.

For the full text of CJD 85-25, click here. For all of the Colorado Supreme Court’s Chief Justice Directives, click here.

Updated Colorado Rules of Probate Procedure Adopted by Colorado Supreme Court

On Friday, August 31, 2018, the Colorado State Judicial Branch released Rule Change 2018(11), adopted June 28, 2018, and effective September 1, 2018. The rule change adopts the proposed revisions to the Colorado Rules of Probate Procedure. The changes to the Probate Rules were proposed by a task force that included many members of the CBA Trust & Estate Section. The task force reworked, renumbered, and revised the Rules.

The new Probate Rules are available here. In addition to the adoption of the new Probate Rules, the court also adopted changes to several of the probate JDF forms. These changes are also available here. The special mental health forms were not adopted.

For a redline and clean version of Rule Change 2018(11), click here. For all of the Colorado Supreme Court’s adopted and proposed rule changes, click here.