June 17, 2019

A Letter From the Editor: So Long, Farewell, Auf Wiedersehen, Goodbye

It has been my great pleasure to compile and edit CBA CLE Legal Connection for the past several years. I enjoyed creating a compendium of case law updates, judicial vacancy and appointment announcements, legislative decisions, rule change information, and thought-provoking opinion pieces, and providing them to you, dear readers, in an easy-to-read daily newsletter. Thank you all for giving me the opportunity to write and edit Legal Connection for you.

If you have not yet discovered Community, head on over to the CBA website to check it out. Community is a hybrid listserv/social media platform where CBA members can discuss topics of interest to Colorado attorneys.

Thank you again for allowing me to write for you all these years. It has been a greatly rewarding experience.

All Good Things Must Come to an End

In 2010, CBA-CLE decided to launch a blog as a way to communicate important developments in the law and legal profession to Colorado attorneys. CBA CLE Legal Connection apprised attorneys of judicial vacancies and appointments, case law updates, rule changes, and more. CBA CLE Legal Connection also brought forth thoughtful opinion pieces on legal issues and law practice management issues.

Through the years, Legal Connection has bloomed and developed into a daily newsletter for Colorado attorneys. But now, it is time to let go.

The Colorado Bar Association recently launched Community, a platform where members can interact in a hybrid social media/listserv format. We believe that Community and its related blog platform is the best way to continue updating Colorado attorneys on legal and law practice issues. As of April 1, 2019, CBA CLE Legal Connection will no longer be utilized. CBA members should instead look to Community for legal updates.

These last nine years have been wonderful. We appreciate all of our readers and hope that you’ll find Community as useful as CBA CLE Legal Connection has been.

We’re Moving!

CBA, DBA, and CBA-CLE are moving to 1290 Broadway! During the next few days, the CBA and CBA-CLE websites and phones will be down as we move our servers to the new location. We expect them to be restored by Wednesday, January 2, 2019. Until then, we thank you for your patience in this exciting time.

Modern Law Practice Initiative: A Win-Win for Lawyers and Clients

By Erika Holmes

The CBA’s Modest Means Task Force has been renamed – the Modern Law Practice Initiative! “Why the new name?” you ask. The reason for the name change is two-fold: first, to stop the misperception that this type of law practice only helps poor people, and second, to develop a moniker for this innovative way to practice law that provides enormous benefits for both clients and attorneys.

The Modest Mean Task Force was formed in 2012 to educate lawyers and judges about the justice gap – the huge portion of society (almost 60% of civil litigants) who make too much money to get a lawyer through public assistance but don’t make enough money to hire an attorney at traditional rates. MLPI’s mission is still the same – to serve this portion of the population. However, MLPI is striving to further educate both lawyers and the public that the justice gap doesn’t consist of just people of modest means. The justice gap is comprised of people across the full spectrum of income levels, including people with middle to upper-middle class incomes. By practicing modern representation, a lawyer can run a thriving, sustainable, and fulfilling practice by providing legal services to this largely untapped market.

The Modern Law Practice Initiative is expounding on its original mission by providing lawyers with the motivation and the specific means to engage in this exciting new method of law practice management. Modern representation is about more than providing legal services at an affordable rate. Modern representation is about practicing law in a manner that is beneficial for both the client and the lawyer in terms of feasibility, flexibility, versatility – and even enjoyability! MLPI’s goal is to teach lawyers how to create a sustainable law practice that simultaneously helps solve the access to justice gap and provides the lawyer with a fulfilling and prosperous career.

Check out MLPI’s new website for access to the latest version of Successful Business Planning for the Modern Law Practice, a step-by-step guide to creating a sustainable modern law practice. MLPI will also highlight for lawyers the best resources for creating and sustaining a modern law practice through CLEs, books, technology, mentoring, networking, volunteer opportunities, and more. Discover what it means to be a modern lawyer and to be part of a win-win solution to the access to justice dilemma!

Nominate a Trust & Estate Attorney for the R. Sterling Ambler Award

Each year, the CBA Trust & Estate Section presents its Sterling Ambler Award to an outstanding trust and estate attorney who has made significant and multitudinous contributions to the Trust & Estate Section and the legal profession. The Award is given to an individual who has contributed substantially to furtherance of Colorado law, education of others, and the Trust and Estate Section of the Colorado Bar Association. It is named in honor of R. Sterling Ambler, an exceptional attorney who practiced law in Colorado for over 50 years and who gave freely of his time and expertise to individual lawyers, to the Colorado Bar Association, and to the legal profession, until his death in 2004 at the age of 72.

Sterling was skilled in the law but in addition he excelled at writing, debating and refining statutory language and ideas. He worked on many legislative proposals and willingly considered new ideas and developments in the law. His diplomacy and insights were often useful in bridging differences among lawyers, sections of the Bar, and the legislature. He was selfless in advancing the law as a whole over his own personal interests. Sterling Ambler will be remembered for his sense of humor, his quiet unassuming way, and his willingness to accept help from others and to freely share his wealth of knowledge of the law.

Criteria for eligibility for the Sterling Ambler Award include significant years of contribution to the Trust & Estate Section and the legal profession, as well as multiple areas of contribution, including but not limited to building connections between sections of the CBA, helping advance the legislative agenda of the CBA, participation in Trust & Estate Section committee meetings, assisting less experienced attorneys, and participation in professional organizations.

Past recipients of the R. Sterling Ambler Award are:

  • 2009: Bruce Deacon
  • 2010: John DeBruyn
  • 2011: Stanley C. Kent
  • 2012: Robert Steenrod
  • 2013: Marc Darling
  • 2014: Laurie Hunter
  • 2015: Kevin Millard
  • 2016: Eugene Zuspann

Nominations must be returned to the Trust & Estate Section Chair, Darla Daniel. The nomination form is available here.

Congratulations to 2016 Colorado LGBT Bar Association Foundation Award Winners

ColoradoLGBTbar-LogoOn Wednesday, August 10, 2016, the Colorado LGBT Bar Association announced the 2016 winners of its Ally of the Year Award and LGBT Attorney of the Year Award.

The recipient of the 2016 Ally of the Year Award is Rathod Mohamedbhai LLC and its attorneys.

As one of Colorado’s most preeminent civil rights and plaintiffs employment law firms, Rathod Mohamedbhai LLC advocates for the rights of employees in the workplace, and for the civil rights of all individuals against government and institutional abuses of power. Rathod Mohamedbhai is a friend and ally to Colorado’s LGBT community, ensuring accountability and positive social reform as it pertains to the protection of civil rights for all of Colorado’s communities. Following the recent tragedy at the Pulse Nightclub in Orlando, named partner Qusair Mohamedbhai was instrumental in gathering Colorado’s Muslim leaders to condemn the violence and speak out in support of the LGBT community.

The Colorado LGBT Bar Association and the Colorado LGBT Bar Foundation proudly recognizes Rathod Mohamedbhai LLC and its 10 attorneys and staff as their 2016 Ally of the Year.

The recipient of the 2016 LGBT Attorney of the Year Award is Patricia Jarzobski, current CBA President.

As the 2016-2017 Colorado Bar Association President, Jarzobski is the fifth woman to be president of the CBA in 119 years and the first in a decade. Former president of the Colorado Women’s Bar Association (CWBA) in 2012, some of Jarzobski’s other leadership roles include being appointed to the 17th Judicial District Judicial Nominating Commission (2013–19) and serving as vice chair of Planned Parenthood of the Rocky Mountains’ Board of Trustees (2013–present). She has been a CAMP mentor, and her law practice has been named a Legal Aid Foundation Leadership Law Firm.

In her role as CBA president, Jarzobski seeks to build engagement through real relationships that are focused on mentoring and sponsorship. With a  focus on diversity and inclusiveness in the law, Jarzobski seeks to bring a fresh perspective and create a community rooted in inclusive growth.Jarzobski promises to bring to the role of CBA president the grit and poise of someone who has worked her way up the ranks. Having waited tables and cleaned houses, she imparts the perspective of someone who genuinely understands people from disparate walks of life. She will also contribute the perspective of a gay woman of Lebanese and Polish descent. Jarzobski knows what it is like to be treated differently and unfairly but believes that society can change to be more accepting by making inclusiveness the new normal.

The Colorado LGBT Bar Association and the Colorado LGBT Bar Foundation proudly recognized Patricia Jarzobski as their 2016 LGBT Attorney of the Year.

The Colorado LGBT Bar Association will recognize the award winners at the Colorado LGBT Bar Foundation Dinner on October 20, 2016 at the Brown Palace. Tickets are available for individuals or groups; click here for more information or to order tickets. If you plan to purchase a sponsorship or a table, please register as a “group” and you will be able to quickly and easily invite your table attendees to register with your group or sponsor organization. If you are purchasing an individual ticket, consider becoming a “Summit Sponsor” to help directly fund the Summit Scholarship. The recipient of the Summit Scholarship will also be recognized at the dinner.

For questions about the event or for more information, contact the Foundation.

Happy Fourth of July!

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In honor of Independence Day, the CBA, DBA, and CBA-CLE offices will be closed on Friday, July 3, 2015. The CLE offices will close at 2 p.m. on Thursday, July 2. You can still register for classes, order books and homestudies, and sign up for the CLE Pass online at cle.cobar.org.

Happy Fourth of July!

CBA Environmental Section’s 2013 Trees Project to Receive ABA 2014 State or Local Bar Environment, Energy, and Resources Program of the Year Award

treeOn Monday,  August 4, 2014, the American Bar Association announced that the CBA’s Environmental Law Section’s 2013 Trees Project will receive the ABA’s 2014 State or Local Bar Environment, Energy, and Resources Program of the Year Award. The award recognizes the best continuing legal education program or service project focused on issues regarding environmental, natural resources, or energy law. The award will be presented on August 10 at the ABA Annual Meeting in Boston.

The CBA’s 2013 Trees Project was developed by the Environmental Law Section in an effort to help remediate some of the devastating effects of wildfires in 2012. The project connected local bar associations and attorneys with other community associations to plant trees and help educate people about the dangers of wildfires. Over 4,200 trees were planted as part of the 2013 Trees Project.

Ann Rhodes and Maki Latidris, members of the Environmental Law Section Advisory Council, championed the effort and worked to gain support for the 2013 Trees Project from the CBA Board of Governors and the community. They planned tree planting days in five burn areas: Colorado Springs (Waldo Canyon Fire), Durango (Weber Fire), Jefferson County (Hayman Fire), Boulder (Four Mile Canyon Fire), and Fort Collins (High Park Fire). The projects were modeled on successful tree planting projects in Boulder in 2011 and 2012.

The 2013 Trees Project was a branch of the ABA’s 1 Million Trees Project, an effort to bring volunteers together to plant one million trees across the country by 2014.

CBA Board of Governors Meeting Update

PassingGavelThe CBA Board of Governors meeting was held at the Colorado History Museum on Saturday, May 10. Approximately 100 members were in attendance.

President-elect Charley Garcia announced appointments for the next year, all of which were approved. The appointments are Mary Jo Gross as Treasurer, and Sarah Clark and Olympia Fay to the CBA Executive Council. Garcia noted that the CBA was accepting nominations for the ABA delegate positions. There are two openings, one of which is for a young lawyerand the other is a general appointment.

The Board approvedan amendment presented by Jessica Lowrey to the CBA bylaws creating the Environmental Sustainability Committee. The Committee’s mission is to work on guidelines and standards for law firms to use to become more environmentally sustainable.

Chuck Turner presented to the Board regarding amending the bylaws to sunset the Availability of Legal Services Committee. Turner mentioned the CBA’s resources and focus are on the ATJ Commission and emphasized that the CBA still considers the issue of access to justice as a critical centerpiece of the CBA’s mission.

The Board approved an amendment to Title Standard 2.1.6 as it relates to the marketability of title for a recorded decree quieting title under Rule 105, C.R.C.P. presented by Peter Griffith from the CBA Real Estate Section.

CBA Board of Governors voted to oppose ballot iniatives 79 regarding the election of justices and judges, 94 regarding the duties of the Independent Ethics Commission, and 76 regarding the recall of state and local officers. The Board heard arguments for and against the iniatives by Stacy Carpenter and Chris Forsythe.

CBA President Terry Ruckriegle presented honors to Philip Mervis, Margrit Parker, and Lance Timbreza for the Colorado flood legal relief efforts, and to Justice Gregory Hobbs for his tireless efforts on behalf of pro bono work.

In the Executive Director’s report, Turner included a discussion about the decrease in percentage of active and instate attorneys who are members. Turner also presented on the CBA’s new program SOLACE. The new program, which has yet to become initiated, will involve an email list that members may to join and when the CBA gets a request for non-legal assistance it will be sent on to the list. The program has become quite successful in several other state bar associations.

Turner also mentioned that the Consult a Colleague is now Ask a Colleague. The Ask a Colleague program will apply to the Colorado Supreme Court to become a mentoring program. The program will offer a list of attorneys who are willing to take a brief phone call from other members to provide guidance on specific topics.

And lastly in Turner’s report, he reminded members that STRATUM , which recently launched with the CBA’s remodel, is a shared working space at the CBA offices. The shared workspace includes amenities sucha as wifi, coffee, soda, copies, faxing, phone, and also private meeting space based on availability at no cost to members.

6th Annual Sean May Memorial Run — Saturday, May 17, 2014

Sean May

Sean May

On Saturday, May 17, 2014, the Seventeenth Judicial District Access to Justice Committee and the Colorado Bar Association will present the 6th Annual Sean May Memorial Run at Barr Lake State Park, 13401 Piccadilly Road in Brighton. There will be three races on Saturday: a nine mile run, a 5K run, and a family fun run/walk.

The run is held each year in honor of Sean May, a deputy district attorney from the Seventeenth Judicial District who championed personal responsibility, including treating victims, the community, defendants, and the courts with dignity and respect. During his seven years of service in Adams County, May volunteered for the Child Victim Unit, where he pursued justice for children who had been physically and/or sexually abused. May died on August 27, 2008, when he was shot in his backyard when returning from work. At the time of his death, he was responsible for training and supervising new prosecutors.

Proceeds from the run will benefit Access to Justice programs and activities, as well as May’s family. Past proceeds have benefitted the Self-Help Resource Center at the Adams County Justice Center, which provides computers, information, and staff to help people with legal and procedural questions. Since its opening on January 5, 2011, the Self-Help Resource Center has aided hundreds of people, and it serves as a model of efficiency for other agencies.

Registration is available online, or participants can register on race day at Barr Lake State Park.

CBA Diversity in the Legal Profession Committee Inaugural Reception

The CBA Diversity in the Legal Profession Committee would like to welcome new members at its inaugural reception on Thursday, March 27, 2014. The committee is revamped and reenergized and has a new agenda. All are welcome to attend this reception. Please join committee chair Catherine Chan and other committee members for complimentary cocktails and appetizers, and find out more about the exciting new direction for the committee. Email lunches@cobar.org or call (303) 860-1115, ext. 727, to RSVP.

The Diversity in the Legal Profession (DILP) Committee is comprised of dedicated attorneys from the Denver and Colorado legal communities as well as representatives from the University of Colorado School of Law and the University of Denver College of Law.  Its mission is to break down the long-standing barriers that have prevented diverse attorneys from succeeding in the legal profession.  DILP’s goal is to cultivate diversity within the legal community and work with law schools, law students, practicing lawyers, and legal employers throughout Colorado to promote diversity at all levels.

e-Legislative Report: March 3, 2014

CBA Legislative Policy Committee

For readers who are new to CBA legislative activity, the Legislative Policy Committee (LPC) is the CBA’s legislative policy-making arm during the legislative session. The LPC meets weekly during the legislative session to determine CBA positions on requests from the various sections and committees of the Bar Association.

Action taken at Feb. 28 LPC meeting:

  • The Committee voted to include a provision to the upcoming CBA Trusts and Estates Probate Code Omnibus legislation that is coming to a legislature near year you. The amendment provides a method for dealing with personal property that is secured by real property. This language will fit in with the small estate affidavit procedural changes previously approved by the LPC. The changes are CBA sponsored.
  • The Committee voted to support Parts 4 & 6 of the Uniform Power of Appointment Act (“UPOAA”) as prepared by the Trusts and Estates Committee who has previously navigated Parts 1–3 through the CBA approval process. The CBA will inform the Colorado Uniform Law Commissioners of the latest development and assist in obtaining a late bill. The UPOAA is CBA supported legislation.

At the Capitol—Week of Feb. 24

A scorecard of the committee and floor work follows.

In the House

Monday, Feb. 24

Passed 3rd Reading:

  • SB 14-52. Concerning actions taken to remediate soil erosion creating property damage. Vote: 65 yes and 0 no.
  • HB 14-1152. Concerning passive surveillance records of governmental entities. Vote: 63 yes and 2 no.
  • SB 14-67. Concerning aligning certain state medical assistance programs’ eligibility laws with the federal “Patient Protection and Affordable Care Act.” Vote: 37 yes and 28 no.
  • HB 14-1184. Concerning conservancy districts that are organized for the purpose of preventing floods. Vote: 65 yes and 0 no.
  • HB 14-1193. Concerning requirements governing the imposition of a fee for the research and retrieval of public records under the “Colorado Open Records Act.” Vote: 41 yes and 24 no.
  • HB 14-1265. Concerning the regulation of games of chance. Vote: 63 yes and 2 no.
  • HB 14-1222. Concerning modification of the terms under which a county may issue tax-exempt private activity bonds on behalf of an eligible applicant for the purpose of financing a geothermal energy project on the applicant’s property. Vote: 39 yes and 36 no.
  • HB 14-1228. Concerning the repeal of certain requirements for defensive driving schools attended in accordance with a court order resulting from a violation of a law regulating the operation of a motor vehicle. Vote: 63 yes and 2 no.

Tuesday, Feb. 25

Passed 3rd Reading:

  • HB 14-1114. Concerning the administration of earned time by the state department of corrections. Vote: 57 yes, 6 no, and 2 excused.
  • HB 14-1142. Concerning a prohibition against the off-site electronic sale of lottery tickets by the Colorado lottery commission. Vote: 49 yes, 14 no, and 2 excused.
  • HB 14-1163. Concerning a clarification of the cap imposed on the enterprise zone investment tax credit. Vote: 37 yes, 26 no, and 2 excused.
  • HB 14-1028. Concerning a limitation on the United States’ ability to impose conditions on a water right owner in exchange for permission to use land. Vote: 39 yes, 24 no, and 2 excused.

Wednesday, Feb. 26

Passed on 3rd Reading:

  • HB 14-1034. Concerning the creation of a wine packaging permit to allow certain alcohol beverage licensees to package wine produced by another wine manufacturer, and, in connection therewith, making an appropriation. Vote: 61 yes, 0 no, and 3 excused.
  • HB 14-1082. Concerning a requirement for written notice of cancellation of individual life insurance policies, and in connection therewith, requiring written notice prior to the lapse of individual life insurance policies. Vote: 61 yes, 0 no, and 3 excused.
  • HB 14-1254. Concerning a requirement to disclose fees charged to a unit owners’ association by a community association manager. Vote: 53 yes, 8 no, and 3 excused.
  • HB 14-1191. Concerning the creation of an emergency alert program to notify the public after a serious hit-and-run accident. Vote: 61 yes, 0 no, and 3 excused.
  • HB 14-1210. Concerning a requirement that a state agency enter into an intergovernmental agreement with a county to address wildland fires affecting certain state lands located within the county. Vote: 61 yes, 0 no, and 3 excused.
  • HB 14-1188. Concerning revenue generated from the outdoor advertising program administered by the department of transportation. Vote: 61 yes, 0 no, and 3 excused.

Thursday, Feb. 27

Passed on 3rd Reading:

  • HB 14-1054. Concerning restricting access by minors to artificial tanning devices, and, in connection therewith, making an appropriation. Vote: 33 yes, 31 no, and 1 excused.
  • HB 14-1108. Concerning limits on copayments made by a covered person for physical rehabilitation services. Vote: 37 yes, 27 no, and 1 excused.

Friday, Feb. 28

Passed on 3rd Reading:

  • HB 14-1100. Concerning the use of title documents to give notice of characteristics of motor vehicles that affect a vehicle’s value, and, in connection therewith, making an appropriation. Vote: 59 yes, 3 no, and 3 excused.
  • SB 14-76. Concerning the creation of a hard rock mining permit issued by the division of reclamation, mining, and safety for mining operations disturbing no more than five acres of surface area. Vote: 62 yes, 0 no, and 3 excused.

In the Senate

Monday, Feb. 24

Passed on 3rd Reading:

  • Consent Calendar: Vote: 35 yes and 0 no.
    1. HB 14-1074. Concerning payments that a nonprofit owner of a tax-exempt property may receive for reasonable expenses incurred without affecting the tax-exempt status of the property.
    2. HB 14-1018. Concerning the requirement that the department of revenue prepare a tax profile and expenditure report every two years.
    3. HB 14-1056. Concerning clarification of the statutes relating to the registration of collector’s item motor vehicles to specify that certain special emission inspection requirements for collector’s item motor vehicles registered prior to the enactment of House Bill 13-1071 continue to apply to those vehicles until they are transferred.
    4. HB 14-1010. Concerning corrections to statutory provisions relating to the prescribed burning program administered by the division of fire prevention and control in the department of public safety.
  • SB 14-17. Concerning a limitation on the approval of real estate developments that use water rights decreed for agricultural purposes to irrigate lawn grass. Vote: 24 yes and 11 no.
  • SB 14-18. Concerning the prohibition against furnishing nicotine products to persons under eighteen years of age. Vote: 25 yes and 10 no.

Tuesday, Feb. 25

Passed on 3rd Reading:

  • Consent Calendar: Vote: 35 yes and 0 no.
    1. HB 14-1059, by Representative(s) Garcia; also Senator(s) Crowder—Concerning clarifying that the ritual discharge of blank ammunition cartridges at a military funeral does not constitute the criminal offense of disorderly conduct.
    2. HB 14-1079. Concerning an increase in the monetary amount allowed for the limited offering registration procedure under the “Colorado Securities Act.”
  • HB 14-1024. Concerning the designation of the claret cup cactus as the state cactus. Vote: 28 yes and 7 no.

Wednesday, Feb. 26

Passed on 3rd Reading:

  • Consent Calendar:
    1. SB 14-142. Concerning an exception for certain water system facilities from the facilities that the commissioner of agriculture has a duty to inspect regarding pesticide storage. Vote: 34 yes, 0 no, and 1 excused.
    2. HB 14-1050. Concerning an increase in the number of judges for the eighteenth judicial district, and, in connection therewith, making an appropriation. Vote: 33 yes, 1 no, and 1 excused.
    3. SB 14-49. Concerning endangering public utility transmission, and, in connection therewith, making an appropriation. Vote: 34 yes, 0 no, and 1 excused.
  • HB 14-1005. Concerning clarification of the requirements applicable to a change of point of water diversion. Vote: 34 yes, 0 no, and 1 excused.
  • SB 14-129. Concerning changes to criminal provisions related to marijuana. Vote: 32 yes, 2 no, and 1 excused.

Thursday, Feb. 27

Passed on 3rd Reading:

  • SB 14-93. Concerning equivalent authority for pipeline companies to acquire right-of-way. Vote: 24 yes, 10 no, and 1 excused.

Friday, Feb. 21

Passed on 3rd Reading:

  • HB 14-1022. Concerning alignment of the duration of the child care authorization notice with the child care assistance eligibility period for children participating in the Colorado child care assistance program. Vote: 33 yes, 0 no, and 2 excused.
  • SB 14-29. Concerning the establishment of a paint stewardship program for the environmentally sound disposal of postconsumer architectural paint. Vote: 18 yes, 15 no, and 2 excused.

Stay tuned for 10 Bills of Interest.