October 19, 2018

Three Chief Justice Directives Related to Family Law Amended

On Friday, January 1, 2016, three amended Chief Justice Directives were issued by the Colorado Supreme Court: CJD 04-06, regarding court appointments through the Office of the Child’s Representative (OCR), CJD 04-05, regarding payment of court-appointed attorney child representatives, and CJD 04-08, regarding court appointment of Child and Family Investigators (CFIs).

The changes to CJD 04-05 are due to legislation passed in 2015. HB 15-1153 transferred oversight of state-paid attorney CFIs from the Office of the Child’s Representative to the Office of the State Court Administrator, and CJD 04-05 was amended to reflect this change. CJD 04-06 was also amended to eliminate appointments of state-paid CFIs from the Office of the Child’s Representative, and to clarify GAL appointments in dependency and neglect cases, establish standards for GALs in delinquency proceedings and other cases, and require attorneys to submit a certificate of compliance with the CJD’s requirements to the OCR for all case types.

The changes to CJD 04-08 were significant. Judges who routinely appoint CFIs are encouraged to request a redline of the changes, given the volume of changes. State Judicial summarized some of the changes below:

• Regarding CFI oversight, SCAO will oversee all CFI appointments, with all state pay CFI appointments governed by CJD 04-05. OCR will have no involvement in CFI oversight or payment.
• Regarding expansion of CFI appointments, courts may expand a CFI appointment to a parental responsibility evaluation for an otherwise qualified appointee only upon written stipulation of the parties, approved by the court.
• Regarding the presumptive fee cap in private pay CFI cases, the cap increased from $2,000 to $2,750. This amount is a cap, not a flat fee.
• Regarding CFI complaints, complaints must be filed no later than one year following termination of the CFI appointment. No investigation will occur for complaints involving individuals not listed on the Statewide Roster. Regarding founded complaints, District Administrators will provide the complaint, investigation report and CFI report to regulatory agencies entitled to notice of the founded complaint, such as DORA and OARC, redacting the names, addresses and birthdates of the children and collateral witnesses, and with the redacted documents marked, “Confidential pursuant to CJD 04-08.” No complaint is required for a district to find a CFI no longer suitable for appointment and to remove the CFI from the district’s eligibility roster. When this occurs, the district must notify the SCAO of the reason for removal and SCAO will determine whether to remove the CFI from the Statewide Roster.
• Regarding Standard 2, CFIs must file JDF 1338, the Mandatory Disclosure form, to disclose the existence or nonexistence of a prior or current relationship.
• Regarding Standard 11, the “timely” filing of a report when the court has not specified a due date is defined as “at least 35 days before the trial or hearing.” Reports should not recite all information obtained during the investigation, but rather summarize legally relevant information.
• Regarding Standard 12, requests for CFI files must be written. Standard 12 now contains a default time frame for provision of the CFI file and adds a permissible rate for file duplication or scanning.
• Regarding Standard 13, CFIs shall not perform or require drug, alcohol, polygraph or other testing, inspection or evaluation unless specifically ordered by the court. Standard 13 now permits a qualified CFI to conduct drug and alcohol evaluation in addition to other CFI duties when specifically ordered. CFIs may conduct domestic violence screening if competent to do so.

For all of the Chief Justice Directives, click here.

CJD 11-02, Pilot Project Rules, Repealed and Reenacted by Colorado Supreme Court

On Monday, November 23, 2015, the Colorado Supreme Court issued repealed and amended Chief Justice Directive 11-02, “Adopting Pilot Rules for Certain District Court Civil Cases.” The amendments affect cases filed between January 1, 2012, and June 30, 2015. For all cases filed on or after July 1, 2015, the Colorado Rules of Civil Procedure have been amended to included provisions of the pilot project rules.

For the amended version of CJD 11-02, click here. For all of the Colorado Supreme Court’s Chief Justice Directives, click here.

CJD 15-01, CJD 11-02 and CJD 85-27 Repealed by Colorado Supreme Court

On Wednesday, November 18, 2015, the Colorado State Judicial Branch announced the repeal of two Chief Justice Directives: CJD 11-02, authorizing the Colorado Civil Access Pilot Project, and CJD 85-27, concerning indigency determinations for drug and alcohol treatment. Earlier in November, the Colorado Supreme Court repealed CJD 15-01 regarding public records. CJD 11-02 was repealed because the pilot project has ended and the Colorado Rules of Civil Procedure were amended to incorporate provisions of the pilot project. CJD 15-01 was repealed because the Supreme Court issued new rules regarding public access to records of the judicial branch.

For a complete list of the Colorado Supreme Court’s Chief Justice Directives, click here.

CJD 11-01 Amended Regarding e-Filing in Criminal Cases

The Colorado State Judicial Branch released Chief Justice Directive 11-01, “Directive Concerning Statewide Electronic Filing Standards,” on Monday, October 6, 2014. The CJD was signed and effective September 30, 2014, in anticipation of the criminal e-filing pilot project scheduled to begin October 6, 2014, in Pueblo.

The amendments to the Chief Justice Directive are meant to address specific issues that will arise in criminal e-filing. In addition, Appendix B was added to specify reasons why cases would be rejected for e-filing.

For the full text of CJD 11-01, click here. For all of the Colorado Supreme Court Chief Justice Directives, click here.

CJD 05-01 Regarding Public Access to Records Amended by Colorado Supreme Court

On Friday, September 5, 2014, the Colorado State Judicial Branch announced amendments to CJD 05-01, “Directive Concerning Access to Court Records,” effective September 4, 2014. The Chief Justice Directive seeks to provide guidance for access to court records while protecting the privacy of litigants. The directive also contains guidance for Judicial Branch personnel and promotes standards for content on Judicial Branch websites, and provides for a Public Access Committee to periodically review and update the rules for public access. Rules for public access to court records are also included in CJD 05-01.

For the full text of CJD 05-01, click here. For all of the Chief Justice Directives, click here.

Chief Justice Directives 04-04 and 04-05 Amended by Colorado Supreme Court

On Friday, July 25, 2014, the Colorado Supreme Court announced revisions to Chief Justice Directive 04-04, “Advisory Counsel Appointments,” and 04-05, “Appointment and Payment Procedures for CAC, GALs, CFIs, and CVs.” For both of these Chief Justice Directives, the changes were effective July 1, 2014.

The changes reflect rate changes to the payment of court-appointed attorneys and investigators and related services. They affect both civil and criminal cases. The changes to CJD 04-04 are reflected in Attachment D, and the changes to CJD 04-05 appear on pages 7 to 8.

For all of the Colorado Supreme Court’s Chief Justice Directives, click here.

Appendix A of CJD 05-03 Amended to Reflect New Rates

On Tuesday, July 1, 2014, the Colorado State Judicial Branch released amended Chief Justice Directive 05-03. The changes to the Chief Justice Directive amend the rates for court reporting and recording services. CJD 05-03 was amended in May as well, to reflect current administrative practices, revise certification requirements for reporters, and address grand jury responsibilities.

Click here for CJD 05-03 and click here for all the Chief Justice Directives.

 

Chief Justice Directive 05-03 Regarding Court Reporting and Recording Services Amended

On Friday, May 30, 2014, the Colorado State Judicial Branch issued revised Chief Justice Directive 05-03, “Management Plan for Court Reporting and Recording Services.” The revisions update the Chief Justice Directive to reflect current administrative practices, revise certification requirements for reporters, and address grand jury responsibilities.

Appendix A of CJD 05-03 will be amended July 1, 2014, to reflect new rates for court reporting and recording services.

CJD 07-01 Amended Regarding State Judicial Electronic Usage Policy; CJD 98-08 Repealed

Chief Justice Directive 07-01, “Directive Concerning the Colorado Judicial Department Electronic Communications Usage Policy: Technical, Security, And System Management Concerns,” was amended last week, effective April 8, 2014. CJD 07-01 was amended and updated to reflect changes to technology and the need to maintain secure systems.  The changes to this CJD now include instructions regarding the use of software on state computers, which was previously addressed in CJD 98-08. These changes apply to all Judicial Department employees, who will be required to sign an acknowledgement form confirming receipt of the policy change by May 1, 2014.

CJD 98-08, “Directive Concerning Use of Software Products on State-Owned Computers,” was repealed when CJD 07-01 was amended, because the information previously contained in CJD 98-08 is now addressed in CJD 07-01.

For all of the Chief Justice Directives, click here.

Colorado Rules Governing Commissions on Judicial Performance Amended Along with CJD 85-22

The Colorado Supreme Court approved Rule Change 2014(04), amending the Colorado Rules Governing the Commissions on Judicial Performance. The changes were to Rule 10, “Trial Judge Evaluations”; Rule 11, “Appellate Judge and Justice Evaluations”; and Rule 13, “Narratives.” The changes were extensive, including changing language and updating procedures for judicial evaluation. To see a redline of the changes, click here.

Chief Justice Directive 85-22 was also amended by the Colorado Supreme Court. The directive was amended in order to list the current interest rate and to update the interest rate that appears in the CJD. The interest rate on judgments that are appealed is 3 percent for 2014.

Income Eligibility Chart Revised by State Judicial; Several CJDs Updated

On Wednesday, March 12, 2014, the Colorado Supreme Court released revised versions of several Chief Justice Directives to reflect the January 2014 revisions to the income eligibility guidelines. The changes can be viewed by clicking the links below or visiting the Colorado Supreme Court portion of the State Judicial website.

For all of the Chief Justice Directives, click here.

CJD 98-03, “Preparation of Record in Death Penalty Cases,” Repealed

On Tuesday, February 18, 2014, the Colorado State Judicial Branch announced the repeal of CJD 98-03 regarding preparation of the record in death penalty cases. The repeal is effective February 5, 2014. It was repealed to allow the courts to electronically transmit the trial court record in death penalty cases to the Appellate Court.