August 26, 2019

Chief Judge William Sylvester to Retire from District Court of Eighteenth Judicial District

On Monday, April 7, 2014, the Colorado State Judicial Branch announced the retirement of Chief Judge William Sylvester of the 18th Judicial District, effective July 1, 2014. Two additional vacancies on the Eighteenth Judicial District Court bench were created by HB 14-1050, effective July 1, 2014.

Chief Judge Sylvester was appointed to the 18th Judicial District bench in 2001, and has been Chief Judge since October 2006. Prior to his appointment, he was with the 18th Judicial District Attorney’s Office for 10 years, and was in private practice before joining the District Attorney’s Office. He received his bachelor’s degree from the University of Maryland in 1973 after a stint in the Army, and he received his law degree from the University of Georgia in 1976.

Applications are being accepted for all three vacancies. Eligible applicants must be qualified electors of the 18th Judicial District and must have been admitted to practice law in Colorado for five years. Application forms are available from Justice Coats, the ex officio chair of the 18th Judicial District Nominating Commission, and are also available on the State Judicial website. Applications must be received no later than 4 p.m. on May 7, 2014. Anyone wishing to nominate another person must do so no later than 4 p.m. on April 30, 2014.

For more information on the vacancies and the application process, click here.

HB 14-1050: Adding Two Judges in the Eighteenth Judicial District

On January 8, 2014, Rep. Daniel Kagan introduced HB 14-1050 – Concerning an Increase in the Number of Judges for the Eighteenth Judicial District, and, in Connection Therewith, Making an AppropriationThis summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill increases the number of judges for the 18th Judicial District from 21 to 23. The CBA LPC voted to support this legislation. The bill cleared the House on Jan. 29 and is awaiting an assignment to a committee of reference in the Senate.

Since this summary, the bill was assigned to the Senate Judiciary Committee. It passed out of the Judiciary Committee and was referred unamended to Appropriations.

e-Legislative Report: February 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.

At the meeting on Friday, Jan. 31, the CBA LPC voted on several bills:

  • The Committee voted to support HB 14-1069. Concerning district commissions on judicial performance.
  • The Committee voted to oppose HB 14-1110. Concerning procedures governing discussions by boards of education of school districts while meeting in executive session.
  • The Committee voted to take no position on two bills: HB 14-1041. Concealed Handgun Carry without a Permit, and HB 14-38. Governor cannot restrict firearms during emergency.

At the Capitol—Week of Jan. 27

In the House

Monday, Jan. 27

Passed on 3rd Reading:

  • HB 14-1020. Concerning the consolidation of two reports on taxable property that county assessors submit to their boards of equalization. The vote: 65 yes, 0 no.
  • HB 14-1020. Concerning the consolidation of two reports on taxable property that county assessors submit to their boards of equalization. The vote: 65 yes, 0 no.
  • HB 14-1059. Concerning clarifying that the ritual discharge of blank ammunition cartridges at a military funeral does not constitute the criminal offense of disorderly conduct. The vote: 65 yes, 0 no.

Wednesday, Jan. 29

Passed on 3rd Reading:

  • HB 14-1050. Concerning an increase in the number of judges for the Eighteenth Judicial District, and, in connection therewith, making an appropriation. The vote: 58 yes, 4 no, and 3 excused.
  • HB 14-1035. Concerning collection of restitution ordered pursuant to a deferred judgment. The vote: 62 yes, 0 no, and 3 excused.
  • HB 14-1086. Concerning a requirement that a legal notice published in a newspaper is also published on a statewide web site maintained by a majority of Colorado newspapers. The vote: 55 yes, 7 no, and 3 excused.

Thursday, Jan. 30

Passed on 3rd Reading:

  • HB 14-1005. Concerning clarification of the requirements applicable to a change of point of water diversion. The vote: 61 yes, 2 no and 1 excused.
  • HB 14-1164. Concerning nonpartisan elections not coordinated by a county clerk and recorder, and, in connection therewith, creating the “Colorado Local Government Election Code” for the conduct of such elections by special districts, harmonizing residency requirements for voter registration, modifying the “Colorado Municipal Election Code of 1965,” and clarifying when elections are coordinated by county clerk and recorders. The vote 37 yes, 25 no, and 2 excused.

In the Senate

Tuesday, Jan. 28

Passed on 3rd Reading:

  • SB 14-007. Concerning authority for a board of county commissioners to transfer county general fund moneys to its county road and bridge fund after a declared disaster emergency in the county. The vote: 35 yes, 0 no.

Wednesday, Jan. 29

Passed on 3rd Reading:

  • SB 14-048. Concerning use of the most recent United States census bureau mortality table as evidence of the expectancy of continued life of any person in a civil action in Colorado. The vote: 34 yes, 0 no, and 1 excused.
  • SB 14-076. 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. The vote: 34 yes, 0 no, and 1 excused.
  • SB 14-067. Concerning aligning certain state medical assistance programs’ eligibility laws with the federal “Patient Protection and Affordable Care Act”. The vote: 20 yes, 14 no, and 1 excused.
  • SB 14-052. Concerning actions taken to remediate soil erosion creating property damage. The vote: 30 yes, 4 no, and 1 excused.

e-Legislative Report: January 20, 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.

At its Jan. 17 meeting, the LPC voted to support HB 14-1050. Concerning an increase in the number of judges for the eighteenth judicial district. By Rep. Kagan and Sen. Guzman. The bill increases the number of judges for the 18th judicial district from 21 to 23. The bill was approved by the House Judiciary Committee on a 9–0 vote on Jan. 16. The bill moves to the Appropriations Committee for consideration of the cost to the state.

At the Capitol—Week of Jan. 13

The week of Jan. 13 was relatively light in terms of bills running through the committees of reference and floor work in both chambers. A recap of the committee and floor work follows.

In the Senate

On Tuesday, Jan. 14, the Senate Finance Committee gave initial approval to SB 14-19. Concerning the state income tax filing status of two taxpayers who may legally file a joint federal income tax return. By Sen. Steadman and Rep. Moreno. The CBA LPC voted to support this legislation at its Dec. 13, 2013 meeting. The bill requires any two taxpayers who may legally file a joint federal income tax return to file separate state income tax returns if they file separate federal income tax returns and to file a joint state income tax return if they file a joint federal income tax return. The bill was amended to allow amended tax returns three years in the past. The bill moves to the floor for debate and vote on 2nd Reading.

On Wednesday, Jan. 15, the Senate Judiciary Committee approved—with amendments—SB 14-27. Concerning criminal history background checks for professionals who have the authority to appear in court. By Sen. Guzman. The bill requires a fingerprint-based criminal history background check for a law license applicant and a child and family investigator. The CBA LPC voted to support this legislation at its Dec. 13 meeting. The bill moves to the Finance Committee for review. The Senate Judiciary Committee also amended and approved SB 14-09. Concerning a disclosure of possible separate ownership of the mineral estate in the sale of real property. By Sen. Hodge and Rep. Moreno. As the bill title states, the bill requires a seller to disclose in the sale of real property that a separate mineral estate may subject the property to oil, gas, or mineral extraction.

In the House

On Tuesday, Jan. 14, the House Judiciary Committee approved (unanimous vote) HB 14-1019. Concerning the enactment of Colorado Revised Statutes 2013 as the positive and statutory law of the state of Colorado, by Rep. Gardner and Sen. Steadman. The bill moved to the floor where it was approved on 2nd Reading on Friday, Jan. 17. Also on a unanimous vote, the Judiciary Committee defeated HB 14-1025. Concerning the determination of competency to proceed for individuals in the juvenile justice system, by Rep. Rosenthal and Sen. Newell.

On Wednesday, Jan. 15, the House Transportation and Energy Committee approved HB 14-1027. Concerning the clarification of the definition of a plug-in electric motor vehicle, by Rep. Fischer and Sen. Jones. The bill, among other things, defines “plug-in electric motor vehicle” to include motor vehicles that are certified to be eligible for a particular federal tax credit. The bill moves to the floor of the House for consideration on 2nd Reading.

The House Judiciary Committee

The Judiciary Committee gave unanimous approval of the legislation to increase the number of judges in the 18th Judiciary District on Thursday, Jan. 16. The bill, HB 14-1050. Concerning an increase in the number of judges for the eighteenth judicial district, by Rep. Kagan and Sen. Guzman, increases the number of judges in the 18 JD from 21 to 23. The bill moves to the Appropriations Committee for consideration of the Fiscal Impact to the state. This bill will be on a fast track due to internal legislative rules that require bills to increase the number of judges to be through the entire legislative process by March 7. The CBA LPC voted to support this legislation at its Jan. 17 meeting.

Stay tuned for ten bills of interest.