March 26, 2019

CJD 08-02, Regarding Cost Recovery Fees, Amended by Chief Justice Bender

On October 29, 2013, Chief Justice Bender signed changes to Chief Justice Directive 08-02, “Directive Concerning Assessment of Cost Recovery Fees for Maintaining the Technical Infrastructure Necessary to Support Electronic Access to Court Records.”

The changes to the Chief Justice Directive are intended to let parties know about a new feature in ICCES that allows parties to receive notifications. The Directive also updates some of the other cost recovery policies.

For the full Chief Justice Directive, click here. For all of the Chief Justice Directives, click here.

Civil Access Pilot Project Extended One Year by Chief Justice Directive

The Colorado State Judicial Branch released amended CJD 11-02 regarding the Colorado Civil Access Pilot Project in July 2013. The amendments to the CJD extend the pilot project for one year in order to provide additional data for the court to evaluate. Extending the pilot project will give the court more time to determine if the pilot project achieved its stated goals, and to decide whether changes to the Colorado Rules of Civil Procedure are indicated.

Currently, the Civil Access Pilot Project applies only to certain cases in the First, Second, Seventeenth, and Eighteenth Judicial Districts. The pilot project applies to business cases, including breach of contract, business torts, actions governed by the Uniform Commercial Code, commercial transactions with banks, actions involving commercial real property, private actions for securities fraud, and products liability actions, among others.

The pilot project began January 1, 2012, and is currently slated to apply to all cases filed on or before December 31, 2014. The effects of the pilot project will be studied by IAALS, the Institute for the Advancement of the American Legal System.

CJD 98-03, Regarding Judicial Solemnization of Weddings, Amended for Inclusion of Civil Union Language

Hon. Michael Bender, Chief Justice of the Colorado Supreme Court, issued an update to CJD 98-03 in April. The updated Chief Justice Directive is effective May 1, 2013.

The Chief Justice Directive discusses payment for solemnization of marriages that are performed outside of business hours, and also emphasizes that members of the judiciary may not be compensated for services performed during normal business hours. It was amended to include language regarding certification of civil unions, and the amendment is effective May 1, 2013.

For the full text of the Chief Justice Directive, click here. For all Chief Justice Directives, click here.

Authority and Responsibility of Chief Judges Amended by Chief Justice

Chief Justice Directive 95-01Authority and Responsibility of Chief Judges, was revised on August 17, 2012.

The directive was amended to include a paragraph memorializing the Chief Judge Council and a subparagraph regarding the open case and age of case reports for judges who retire, resign, or are rotating to a new docket. Other conforming amendments include omitting consultation with the chief justice on swearing-in dates for new judges and the obligation for the chief judge to maintain a vacation schedule, which is no longer necessary due to the use of a computerized leave program.

The details are outlined in CJD 95-01 – “Authority and Responsibility of Chief Judges”

If you have questions about this directive or the amendments, contact Carol Haller, Deputy State Court Administrator and Legal Counsel, at (303) 837-3669 or carol.haller@judicial.state.co.us.

Order Appointing CFI Amended by Chief Justice

Attachment A of Chief Justice Directive 04-08 was revised this week. CJD 04-08 concerns Court Appointments of Child and Family Investigators and Attachment A is an Order Appointing Child and Family Investigator. Attachment A is the only portion of the CJD that was revised.

Attachment A was amended to reflect the new law requiring the court appointed CFI to affirmatively disclose any relationships that could create a conflict in the court-appointed role.

The details are outlined in CJD 04-08 – “Directive Concerning Statewide Electronic Filing Standards”

If you have questions concerning this revision, contact Bill Delisio, Family Law Program Manager, at (303) 837-3623 or bill.delisio@judicial.state.co.us.

Chief Justice Amends Court Compensation of Expert Witnesses and Professionals Conducting Mental Health Evaluations

In an effort to control expenditures of state funds in court cases, the Chief Justice of the Colorado Supreme Court has approved a new policy that applies to expert witnesses and mental health professionals conducting examinations or evaluations (with or without subsequent testimony) who are entitled to compensation paid by the Colorado Judicial Department.

Issued in June 2012, this new Chief Justice Directive, CJD 12-03, does not apply to other professionals that are appointed and compensated by the court as provided in other Chief Justice Directives, nor does it apply to employees and/or contractors paid by the Colorado Mental Health Institute at Pueblo or other government mental health agencies for work performed at their direction.

Certain types of evaluations are also excluded inasmuch as they are governed by other program-specific statutes, rules, or policies. If the Court finds that there is not an applicable statute, rule, directive, policy, or similar guidance that governs compensation for an evaluation permitted by statute, and that payment by the Judicial Department is appropriate, the Court will enter an order requiring the expert to comply with the fee and billing requirements and limitations set forth by CJD 12-03.

The Judicial Department may enter in to agreements to provide for evaluations or examinations when it is determined that said agreements are cost-effective and in the best interest of the Judicial Department.

This new Chief Justice Directive is applicable to all appointments made on or after July 1, 2012.

Chief Justice Directives 87-01 (Court compensation of experts in felony cases) and 93-03 (Compensation, mental condition examinations in criminal and civil cases) are repealed by CJD 12-03.

For all details about CJD 12-03, including Fees, Expenses, and Guidelines for Payment, click here.

Rejection List for E-Filed Documents Updated by the Chief Justice

Attachment A of Chief Justice Directive 11-01 was revised this week. CJD 11-01 concerns Statewide Electronic Filing Standards and Attachment A outlines the Rejection List for E-Filed Documents. Attachment A is the only portion of the CJD that was revised.

Attachment A was amended to add reason number 16 to the list of reasons to reject a document. Section 1-15 of Colorado Civil Procedure Rule 121 was amended by the Colorado Supreme Court in March (Rule Change 2012(03) to add a requirement that each motion filed must be accompanied by an order in editable format. The amendment to CJD 11-01 conforms Attachment A with that requirement.

The details are outlined in CJD 11-01 – “Directive Concerning Statewide Electronic Filing Standards”

Questions about this amendment can be directed to Carol Haller, Deputy State Court Administrator, Legal Counsel at (303) 837-3669 or carol.haller@judicial.state.co.us or Linda Bowers, Court Services Manager at (303) 837-3839 or linda.bowers@judicial.state.co.us.

Colorado Supreme Court Updates Reference in Chapter 38 of Colorado Court Rules

The Colorado Supreme Court has amended Chapter 38 of the Colorado Court Rules, Rule 1 – Public Access to Records and Information. The minor change updates a reference to a Chief Justice Directive that was superseded in 2005. The updated rule now references CJD 05-01 in stead of the outdated CJD 98-05.

This amendment was adopted on February 29, 2012 and is effective immediately.

Click here to review the red line changes to Chapter 38, outlined as Rule Change 2012(02).

Rate of Interest on Appealed Judgments to Remain 3% in 2012

The Colorado Supreme Court has revised a Chief Justice Directive, which maintains the rate of interest on judgments which are appealed at 3% for 2012, in accordance with C.R.S. §§ 5-12-106(2)(a) and 13-21-101(3).

The Colorado Secretary of State has certified the rate of interest, which Chief Justice Bender approved on February 7, 2012.

The details are outlined in CJD 85-22 – “Rate of Interest on Judgments Which Are Appealed”

Filing Fees Temporarily Reduced in Certain Civil Actions

The Colorado Supreme Court has issued a new Chief Justice Directive, which temporarily reduces the filing fees for certain civil actions, effective January 23, 2012.

CJD 12-02 temporarily decreases filing fees credited to the Justice Stabilization fund.  Pursuant to Colorado Revised Statutes, cash funds must maintain no more than a 16 percent excess fund balance, and it is projected that the fund will exceed this target reserve limit.  In order to comply with the statutory requirement, Chief Justice Bender has temporarily reduced filing fees.

As necessary, the Chief Justice may later increase these fees back to their statutorily permitted level.

The reduced fees apply across the board throughout Colorado courts and are outlined in Appendix A to CJD 12-02 – “Temporary Reduction of Filing Fees in Certain Civil Actions”

Questions about the change may be directed to Linda Bowers, Court Services Manager, at (720) 921-7839 or linda.bowers@judicial.state.co.us.

Colorado Appellate Courts Adopt New Public Domain Case Citation Format

The Colorado Supreme Court has adopted the proposed public domain citation format, creating a new way for parties and legal practitioners to refer to its and the Colorado Court of Appeals’ published opinions in legal briefs and other documents.

The public domain citation format will expand open access to Colorado case law by allowing practitioners and parties to cite directly to new opinions from the moment they are announced. The new format also will allow pinpoint citations by incorporating paragraph numbers. The new format became effective January 1, 2012.

Sixteen other states, including New Mexico, Wyoming and Utah, already have adopted the same format, which was recommended by the American Association of Law Librarians in the mid-1990s and is endorsed by the American Bar Association.

The courts already provide online access to published opinions free of charge on the Judicial Branch web site. Before implementation of the public domain citation format, opinions issued by Colorado’s two appellate courts were “slip opinions” which lacked a formal citation format until they were published in print in the Pacific Reporter.

“The purpose of the public domain citation format is to make it easier for practitioners and self-represented parties who lack the resources to access an electronic research database or the printed volumes of the Pacific Reporter to locate Colorado case law and to cite to that case law in all levels of Colorado’s justice system, whether in the trial or appellate courts,” Chief Justice Michael L. Bender said.

The Supreme Court adopted the new citation format after receiving public comment. The new format is implemented by the new Chief Justice Directive 12-01.

Practitioners and parties will be permitted to use the public domain citation format or to cite to the Pacific Reporter, and they will not have to provide parallel citations in either format.

The new citation format is part of a broader effort by the Colorado Supreme Court to improve access to justice by integrating court resources and electronic technology.

“Our goal is to eliminate the barriers that keep people from coming to court to exercise their rights and that prevent the courts from delivering fair and just outcomes,” Chief Justice Bender said. “Having a public domain citation format, though implicating a seemingly technical aspect of motions practice and brief writing, is actually a very important step in achieving that goal.”

A citation to an appellate opinion in the Pacific Reporter could look like this:

Smith v. Jones, 45 P.3d 1237, 1254 (Colo. 2012).

Under the new format, a citation to a Supreme Court opinion would look like this:

Smith v. Jones, 2012 CO 22, ¶¶ 44-45.

And a citation to a Court of Appeals opinion under the new format would look like this:

Jones v. Smith, 2012 COA 35, ¶¶ 44-45.

“CO” means Supreme Court and “COA” means Court of Appeals. The “22” in the first example and the “35” in the second example mean those opinions are, respectively, the 22nd and the 35thissued by each court in 2012. Both citations point to the opinion’s 44th and 45th paragraphs.

The public domain citation system will be overseen by Christopher T. Ryan, Clerk of Court for both the Supreme Court and Court of Appeals. Upon announcement, each opinion selected for publication will be assigned a public domain citation and internal paragraph numbers.

Opinions that are not designated for official publication pursuant to C.A.R. 35(f) will remain unpublished and will not be assigned a public domain citation.

Click here to read the announcement from State Judicial.

Click here to read Chief Justice Directive 12-01 and more examples of proper Bluebook citation.

Appointment and Training Policies Amended for GALs, CFIs, and Child’s Representatives

The Colorado Supreme Court has amended a Chief Justice Directive, which governs court appointments through the Office of the Child’s Representative. The changes were made to CJD 04-06, which was adopted to assist the administration of justice through the best interest appointment and training of Guardians ad Litem (GALs), attorney Child and Family Investigators, and Child’s Representatives appointed on behalf of minors/children (under age 18).

CJD 04-06 – “Court Appointments Through the Office of the Child’s Representative” – revised and adopted effective January 1, 2012.