April 25, 2019

C.R.C.P. 80, C.R.C.C.P. 380, and Crim. P. 55 Amended in Rule Changes 2019(06) and 2019(07)

On Thursday, February 14, 2019, the Colorado Supreme Court issued Rule Change 2019(06) and Rule Change 2019(07), effective immediately.

Rule Change 2019(06) repeals Rule 80 and amends Rule 380 of the Colorado Rules of Civil Procedure. A comment has been added to Rule 80, stating “C.R.C.P. 80 has been repealed as Chief Justice Directive 05-03 entitled, Management Plan for Court Reporting and Recording Services, addresses matters related to court reporters in District Court matters.” Subsection (c) of Rule 380 was amended as follows:

(c) Reporter’s Notes, Electronic or Mechanical Recording; Custody, Use, Ownership, Retention. All reporter’s notes and electronic or mechanical recordings shall be the property of the state. The notes and recordings shall be retained by the court for no less than six months after the creation of the notes or recordings, or such other period as may be prescribed by supreme court directive or by instructions in the manual entitled, Colorado Judicial Department , Records Retention Manual Management. During the period of retention, notes and recordings shall be made available to the reporter of record, or to any other reporter or person the court may designate. During the trial or the taking of other matters on the record, the notes and recordings shall be considered the property of the state, even though in the custody of the reporter, judge, or clerk. After the trial and appeal period, the reporter shall list, date and index all notes and recordings and shall properly pack them for storage. Where no reporter is used, the clerk of court shall perform this function. The state shall provide the storage containers and space

Rule Change 2019(07) amended Rule 55 of the Colorado Rules of Criminal Procedure. Subsection (e) of Rule 55 was amended as follows:

(e) Reporter’s Notes; Custody, Use, Ownership, Retention. The practice and procedure concerning reporter’s notes and electronic or mechanical recordings shall be as prescribed in Rule 80, C.R.C.P., for district courts and Rule 380, C.R.C.P., for county courts. For proceedings in district court, the practice and procedure concerning court reporter notes and electronic or mechanical recordings shall be as prescribed in Chief Justice Directive 05-03, Management Plan for Court Reporting and Recording Services. For proceedings in county court, that practice and procedure shall be as prescribed in C.R.C.P. 380.

Redlines and clean versions of the rule changes are available here. For all of the Colorado Supreme Court’s adopted and proposed rule changes, click here.

Rule 1.5 of Colorado Rules of Professional Conduct Amended in Rule Change 2019(05)

On January 31, 2019, the Colorado Supreme Court adopted Rule Change 2019(05), amending Rule 1.5, “Fees,” of the Colorado Rules of Professional Conduct. Rule 1.5 was amended by the addition of a subsection (h), which deals with flat fees:

(h) A “flat fee” is a fee for specified legal services for which the client agrees to pay a fixed amount, regardless of the time or effort involved.

(1) The terms of a flat fee shall be communicated in writing before or within a reasonable time after commencing the representation and shall include the following information:

(i) A description of the services the lawyer agrees to perform;

(ii) The amount to be paid to the lawyer and the timing of payment for the services to be performed;

(iii) If any portion of the flat fee is to be earned by the lawyer before conclusion of the representation, the amount to be earned upon the completion of specified tasks or the occurrence of specified events; and

(iv) The amount or the method of calculating the fees the lawyer earns, if any, should the representation terminate before completion of the specified tasks or the occurrence of specified events.

(2) If all or any portion of a flat fee is paid in advance of being earned and a dispute arises about whether the lawyer has earned all or part of the flat fee, the lawyer shall comply with Rule 1.15A(c) with respect to any portion of the flat fee that is in dispute.

(3) The form Flat Fee Agreement following the comment to this Rule may be used for flat fee agreements and shall be sufficient. The authorization of this form shall not prevent the use of other forms consistent with this Rule.

A new form Flat Fee Agreement was also added in the rule change.

A redline and clean version of Rule Change 2019(05) is available here. For all of the court’s adopted and proposed rule changes, click here.

Annual Update to Colorado Model Criminal Jury Instructions Released

On Tuesday, January 29, 2019, the Colorado State Judicial Branch announced the release of the Colorado Supreme Court’s annual update to the Model Jury Instructions for Criminal Trials. The update incorporates new legislation and published case law that has been announced since the last update. The update includes revisions to the instructions concerning complicity and judicial notice.

The Model Jury Instructions for Criminal Trials are available here for download in PDF and Microsoft Word format. For questions concerning the Model Jury Instructions for Criminal Trials, email the committee.

Colorado Supreme Court Issues Three Rule Changes, Affecting Rules Governing Admission to Bar, Criminal Procedure Rules, and More

On Friday, January 25, 2019, the Colorado Supreme Court issued Rule Changes 2019(02), 2019(03), and 2019(04). All of the rule changes are effective immediately.

Rule Change 2019(02) amends Rule 5, “Preliminary Proceedings,” of the Colorado Rules of Criminal Procedure. The change specifies that current Armed Forces members or veterans may be entitled to receive mental health treatment, substance use treatment, or other services as a veteran.

Rule Change 2019(03) amends several rules in Rules Governing Admission to the Practice of Law in Colorado. Many of the changes involve a move of the provision on the mandatory professionalism course from Rule 203.2 to Rule 203.1, and amending several of the rules to update cross-references. Many other cross-references were updated in the rule change, and Rule 205.6, “Practice Pending Admission,” was updated to clarify the requirements of payment of fees. Rule 211.2(10) regarding reinstatement requirements was repealed.

Rule Change 2019(04) amends three 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. Rule 250.7, “Compliance,” was amended to update a cross-reference and to delete the reinstatement requirement of taking the bar exam in subsection (10). Rule 251.31, “Access to Information Concerning Proceedings Under These Rules,” was amended to specify in subsection (r) that Regulation Counsel’s records regarding sexual harassment allegations will be available to complainant and respondent if they are not otherwise privileged. Rule 252.5, “Composition and Officers of the Board,” was completely repealed and reenacted.

For redlines and clean versions of Rule Changes 2019(02), 2019(03), and 2019(04), click here. For all of the Colorado Supreme Court’s adopted and proposed rule changes, click here.

Hon. Catherine A. Lemon to Retire from Denver District Court


On Wednesday, January 16, 2019, the Colorado State Judicial Branch announced that Hon. Catherine A. Lemon will retire from the Denver District Court, effective March 6, 2019.

Judge Lemon was appointed to the Denver District Court in January 2004. Prior to her appointment, she was a partner at Faegre & Benson (now Faegre Baker Daniels), where she exclusively practiced civil litigation. In particular, she defended businesses and nonprofit associations in contract and business torts, product liability, securities fraud and construction litigation. Before working at Faegre, she was an associate with the law firm of McClearn & Heppenstall. Lemon received her undergraduate degree from Vassar College and her law degree from the University of Colorado School of Law.

Applications are now being accepted for the upcoming vacancy. Eligible applicants must be qualified electors of the Second Judicial District (Denver County) and must have been admitted to practice law in Colorado for five years. Application forms are available on the State Judicial website, or from the ex officio chair of the Second Judicial District Nominating Commission, Justice Monica Marquez. Applications must be received no later than 4 p.m. on February 11, 2019, to be considered; anyone wishing to nominate another must do so by 4 p.m. on February 4.

For more information about the vacancy and application process, click here.

Hon. Karen Ashby to Retire from Colorado Court of Appeals

On Friday, January 11, 2019, the Colorado State Judicial Branch announced the retirement of Hon. Karen Ashby of the Colorado Court of Appeals, effective May 31, 2019. Additionally, Judge Laurie A. Booras will resign from the Colorado Court of Appeals, effective February 1, 2019.

Judge Ashby was appointed to the Colorado Court of Appeals in 2013. Prior to her appointment, Judge Ashby was the presiding judge of the Denver Juvenile Court. She was in private practice before serving on the Denver Juvenile Court, and was also a municipal judge on the Aurora Municipal Court. She received her law degree from the University of Denver and her undergraduate degree from Williams College.

Judge Laurie Booras was appointed to the Colorado Court of Appeals in 2009. Prior to her appointment, Judge Booras was at the Colorado Attorney General’s Office. She was also an Assistant District Attorney in Texas for several years. She received her law degree from the University of Texas School of Law and her undergraduate degree from Cameron University.

Applications are now being accepted for these vacancies. Eligible applicants must be qualified electors of the State of Colorado and must have been admitted to practice law in Colorado for five years. Application forms are available on the State Judicial website or from the ex officio chair of the Supreme Court Nominating Commission, Chief Justice Nathan B. Coats. Applications must be received no later than 4 p.m. on February 4, 2019; anyone wishing to nominate another must do so no later than 4 p.m. on January 28, 2019.

For more information on the vacancies, click here.

Samuel A. Evig Appointed to El Paso County Court

On Monday, December 31, 2018, Governor Hickenlooper appointed Samuel A. Evig to the El Paso County Court in the Fourth Judicial District. Evig will fill a vacancy created by the voters’ decision not to retain Hon. Christopher Acker, effective January 8, 2019.

Evig is currently a partner with Dahl, Fischer & Wilks, LLC, where he has been since 2017, and where he primarily practices criminal defense. Prior to working at Dahl, Fischer & Wilks, LLC, he was a Senior Deputy District Attorney and Deputy District Attorney in the 18th Judicial District from 2007 to 2017. He also has worked as an associate at Sherman & Howard. Evig received his law degree from the University of Iowa College of Law and his undergraduate degree from Adams State College.

For more information about the appointment, click here.

Ryan J. Stuart Appointed to 18th Judicial District Court

On Monday, December 17, 2018, Governor Hickenlooper appointed Ryan J. Stuart to the 18th Judicial District Court. Stuart will fill a vacancy created by the voters’ decision not to retain Hon. Phillip L. Douglass. Stuart’s appointment is effective January 8, 2019.

Stuart is currently a county court judge in Jefferson County, where he presides over a docket of mostly misdemeanor criminal cases. He is also an acting district court judge in the 1st Judicial District, presiding over civil, juvenile, and felony criminal matters. Prior to his appointment to the Jefferson County Court, Stuart was a District Court Magistrate in the 1st Judicial District, and a Deputy District Attorney in the 1st Judicial District. He was in private practice prior to his service at the 1st Judicial District Attorney’s Office. He received his law degree from Georgetown University Law Center, his B.A. from Stanford University, and an M.Ed. from Harvard University.

For more information about the appointment, click here.

Matthew D. Grove Appointed to Colorado Court of Appeals

On Thursday, November 29, 2018, Governor Hickenlooper appointed Matthew D. Grove to the Colorado Court of Appeals. Grove will fill a vacancy created by the retirement of Chief Judge Alan M. Loeb, effective December 28, 2018.

Currently, Grove is a Senior Assistant Attorney General in the Public Officials Unit of the State Services Section of the Colorado Attorney General’s Office. He is also an Assistant Solicitor General for the Public Officials Unit, where he has served since 2009. Prior to his work at the Colorado Attorney General’s Office, Grove was an attorney with Bjork Lindley Little PC from 2007 to 2009, an Assistant Attorney General with the Appellate Division of the Colorado Attorney General’s Office from 2003 to 2007, and a law clerk to Hon. Nathan B. Coats of the Colorado Supreme Court. Grove received his law degree from the University of Colorado School of Law and his undergraduate degree from Duke University.

For more information about the appointment, click here.

Dawn Mann Appointed to Huerfano County Court in 3rd Judicial District

On Wednesday, November 28, 2018, Governor Hickenlooper announced the appointment of Dawn Mann to the Huerfano County Court in the 3rd Judicial District. Mann will fill a vacancy created by the appointment of Hon. John C. McKisson, III, to the district court bench, effective January 8, 2019.

Mann is currently a solo practitioner at The Mann Law Firm in Pueblo, where she has a general practice. She is also a contract attorney with the Colorado Office of the Child’s Representative and the Colorado Office of Dispute Resolution. She received her law degree from Nova Southeastern University and her undergraduate degree from Florida Atlantic University.

For more information about the appointment, click here.

Nominees Selected for Huerfano County Court Vacancy

On Wednesday, November 13, 2018, the Colorado State Judicial Branch announced the selection of two nominees to fill a vacancy on the Huerfano County Court. The vacancy will be created by the appointment of Hon. John McKisson, III, to the district court bench, effective January 8, 2019.

The two nominees are Pierce Fowler of Trinidad and Dawn Mann of Pueblo. Pierce Fowler is a solo practitioner at the Law Office of Pierce Fowler, where he practices family law. Dawn Mann is a solo practitioner at The Mann Law Firm, where she has a general practice.

Under the Colorado Constitution, the governor has 15 days from November 14, 2018, in which to appoint one of the nominees 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 nominees, click here.

Don J. Toussaint Appointed to Arapahoe County Court

On Wednesday, November 14, 2018, Governor Hickenlooper appointed Don J. Toussaint to the Arapahoe County Court in the 18th Judicial District. Toussaint will fill a vacancy created by the appointment of Hon. John E. Scipione to the 18th Judicial District Court, effective immediately.

Currently, Toussaint is a district court magistrate in the 18th Judicial District, where he has been since June 2017. Prior to his work as magistrate, he was an Assistant City Attorney for the City of Aurora. He was also previously an associate at White & Steele, P.C. Toussaint received his undergraduate degree from the University of Colorado at Denver and his law degree from the University of Denver Sturm College of Law.

For more information about the appointment, click here.