December 18, 2018

Governor Hickenlooper Appoints Judges to Second and Fifth Judicial District Courts

On Tuesday, October 30, 2018, the governor’s office announced Governor Hickenlooper’s appointment of judges to the district courts in the Second and Fifth Judicial Districts.

Darryl Fitzgerald Shockley was appointed to the Second Judicial District Court. He will fill a vacancy occasioned by the retirement of Hon. William Robbins, effective December 31, 2018. Shockley is currently a Chief Deputy District Attorney in the Denver DA’s Office, where he serves in the Economic Crimes, Family Violence, and Gang Units. He has been a prosecutor for 14 years and spent many years focusing on white collar crimes, including computer crimes, embezzlement, identity theft, securities fraud, and organized crime. Before becoming a DA, Shockley was a civil defense litigator with White and Steele, where his practice included construction defect litigation and medical malpractice. He received his undergraduate degrees from the University of Missouri and his law degree from the University of Missouri School of Law.

Catherine Jane Cheroutes was appointed to the Fifth Judicial District Court. She will fill a vacancy created by the retirement of Hon. Wayne Patton, effective February 1, 2019. Cheroutes is currently the managing partner of Cheroutes Zweig PC, where she primarily practices domestic relations law. She also represents clients in criminal defense, and accepts court appointments in dependency and neglect, juvenile delinquency, and divorce cases. She received her undergraduate degree from Franklin & Marshall College and her law degree from the University of Colorado School of Law.

Reed Wilson Owens was also appointed to the Fifth Judicial District Court. He will fill a vacancy created by the retirement of Hon. Frederick Gannett, effective January 1, 2019. Owens is currently the Lead Deputy Public Defender in the Dillon Office of the Colorado State Public Defender. His practice consists of criminal defense, including juvenile delinquency, misdemeanor, and felony matters. He received his undergraduate degree from Colorado College and his law degree from the University of Denver Sturm College of Law.

For more information about the appointments, click here.

Hon. Frederick Gannett and Hon. Wayne Patton to Retire from Fifth Judicial District Court

On Wednesday, August 22, 2018, the Colorado State Judicial Branch announced the retirement of Hon. Frederick Gannett and Hon. Wayne Patton from the Fifth Judicial District Court. Hon. Frederick Gannett will retire effective January 1, 2019, and Hon. Wayne Patton will retire effective February 1, 2019.

Hon. Frederick Gannett was appointed to the Fifth Judicial District Court in 2006. He had been an Eagle County Court judge from 1990 to 1994, and again from 2002 to 2006. From 1994 to 2002, he was in private practice, mostly focusing on criminal law. He received his undergraduate degree from Lawrence University and his law degree from Willamette University.

Hon. Wayne Patton was appointed to the Fifth Judicial District Court in 2013. Prior to his appointment to the district court bench, he was a county court magistrate for Eagle and Summit counties from 2007 to 2013. He was also appointed as a Lake County Court Judge in 2001. He served in the U.S. Army and received his undergraduate degree from Denison University in 1980, and his law degree from the University of Denver College of Law in 1983.

Applications are now being accepted for the upcoming vacancies. Application forms are available on the State Judicial website, or from the ex officio chair of the Fifth Judicial District Nominating Commission, Justice William Hood III. Eligible applicants must have been admitted to practice law in Colorado for five years and must be qualified electors of the Fifth Judicial District. Applications are due no later than 4 p.m. on September 17, 2018; anyone wishing to nominate another must do so no later than 4 p.m. on September 10, 2018.

For more information about the vacancies, click here.

Rachel Olguin-Fresquez Appointed to Eagle County Court

On Wednesday, January 17, 2018, the Colorado State Judicial Branch announced the governor’s appointment of Rachel Olguin-Fresquez to the Eagle County Court in the Fifth Judicial District. Olguin-Fresquez will fill a vacancy created by the resignation of Hon. Kathleen Sullivan, effective immediately.

Olguin-Fresquez is currently a county court judge in Clear Creek County, where she handles civil and criminal matters. She was appointed to the Clear Creek County Court in 2006. Prior to her appointment, she was the Chief Deputy District Attorney in the Fifth Judicial District. She also was a K-2 elementary school teacher for three years prior to attending law school. She received her undergraduate degree from the University of Colorado at Boulder and her law degree from the Tulane University School of Law.

For more information about the appointment, click here.

Hon. Katherine T. Sullivan to Retire from Eagle County Court

On Friday, November 17, 2017, the Colorado State Judicial Branch announced that Hon. Katherine T. Sullivan will retire from the Eagle County Court, effective January 1, 2018.

Judge Sullivan was appointed to the Eagle County Court in September 2006. Prior to her appointment, Judge Sullivan was an Assistant Attorney General in the State of New York, a Deputy District Attorney in the 9th Judicial District in Colorado and an attorney in private practice. Judge Sullivan believes community involvement is important, and has participated in drug and DUI courts, the Hispanic Academy, and as a high school mock trial judge. She received her undergraduate degree from Syracuse University and her law degree from the George Washington University School of Law.

Applications are now being accepted for the upcoming vacancy. Eligible applicants must be qualified electors of Eagle County and must have been admitted to practice law in Colorado for five years. Applications are available from the State Judicial website or from Justice William W. Hood, III, the ex officio chair of the Fifth Judicial District Nominating Commission. Applications must be received no later than 4 p.m. on December 8, 2017; anyone wishing to nominate another must do so by 4 p.m. on December 1.

For more information about the vacancy, click here.

Colorado Court of Appeals: Complaint Timely Filed in ICCES Despite Selection of Wrong District Court

The Colorado Court of Appeals issued its opinion in Maslak v. Town of Vail on Thursday, January 15, 2015.

CRCP 106(a)(4)—Complaint—E-filing—Lack of Subject Matter Jurisdiction.

The Town of Vail (Town) and the Vail Recreation District (VRD) submitted an application to the Planning Commission to amend the Vail Golf Course’s conditional use permit so the golf course could be expanded to accommodate an events center. Over the objections of plaintiffs (collectively, homeowners), the Planning Commission approved the application. The homeowners appealed the Planning Commission’s decision to the Town Council, which upheld the decision. The homeowners then filed a CRCP 106(a)(4) complaint, seeking review of the Town Council’s decision. Although the complaint was timely filed, it was inadvertently e-filed in Denver District Court, the wrong district court. The complaint was thereafter e-filed in the Eagle County District Court, the correct district court, but by then it was not timely. The court granted defendants’ motions to dismiss for lack of subject matter jurisdiction and awarded defendants their attorney fees.

On appeal, the homeowners contended that, because their complaint was timely filed (albeit in the wrong court), the Eagle County District Court erred in dismissing it for lack of subject matter jurisdiction. The Court of Appeals agreed. The fact that the homeowners e-filed their complaint with the Denver District Court did not deprive the Eagle County District Court of its subject matter jurisdiction over the action. Furthermore, submitting the complaint to the “correct court” pursuant to the Denver District Court Clerk’s e-filing rejection notice instructions, did not constitute the filing of an entirely new and separate action for purposes of invoking district court jurisdiction within the twenty-eight-day jurisdictional window. The orders were vacated and the case was remanded with directions.

Summary and full case available here, courtesy of The Colorado Lawyer.