February 2004

Colorado Bar Association

Family Law Section Executive Council Minutes

Friday, February 13, 2004

Sheraton Four Points Cherry Creek Inn

600 South Colorado Boulevard
 

The meeting was called to order by Chair Steve Lass. 

 Attendees:   

Terry Bernuth        Martin Brown            Megan Combs

Steve Epstein         Beth Henson              Rob Hinds

Dave Johnson         Steve Lass                 David Littman

Ron Litvak             Joan McWilliams       Marie Moses

Jackie St. Joan      Bonnie Schriner         Bob Malman

          Past President(s):  Frank McGuane; Russ Murray.

          Telephone Attendees:  Deb Anderson; Katie Hayes

Absent and Excused:  Lesleigh Monahan; Fran Fontana; Dick Rotole; Lisa Dailey.

          Absent:  Angela Arkin; Kathryn Beck; Richard Zuber; Howard Zucker.

          Guests:  Melissa McClerkin.

          This is a special meeting regarding legislative matters.  Under our By-Laws, there are several methods for our Section to take a position concerning legislation, one of which is a 2/3rds vote of those Council members who are present at the Executive Council meeting.  A discussion and possible action was held concerning the following legislation:

          H.B. 1081 – Attorney Fees in Civil Matters.  The Legislative Committee advised that they believe this Bill was not going anywhere.  It is a “loser pays” mechanism.  The Executive Council did not vote on the Bill.

          H.B. 1083 – Termination of Child Support Based on DNA Evidence of Non-Paternity.  Discussion centered around the legislation not fully addressing the Uniform Parentage Act and its affect thereon for previously determined parents, as well as psychological parents, and adoptive parents.  The Executive Council voted unanimously to oppose this Bill.

          H.B. 1144 – Child Support – Payment From Unclaimed Property.  The Executive Council discussed this Bill, which allows child support arrearages to be paid from unclaimed property (the Great Colorado Payback form of property).  The Executive Council voted unanimously to support this Bill.

          H.B. 1297 – Presumptive 50/50 Temporary Parenting Time.  A substantial discussion was held concerning this Bill.  Many members spoke up.  Some felt there should not be a burden to prove a negative, since that is difficult at best.  Others opposed any presumption, and felt that clear and convincing standards to avoid 50/50 parenting time would place the burden in the wrong corner and do not put the child first.  Several spoke in support of the Bill, though changing the presumption to a preponderance of evidence.  Others felt the legislation  would institutionalize something that is not widely regarded as being an accurate method to deal with children, and is a simplistic approach to put everybody in the same box, not placing the focus squarely on the children. Most agreed that you do have to look at the child, and this Bill does not accomplish that as its primary objective.  The Executive Council voted 19-1 to oppose this Bill.

          H.B. 1305 – Protection Orders.  The Legislative Committee and Jackie St. Joan, who has worked on the committee concerning protective orders, felt that Council did need to take a position on this Bill, as it is not calendared, and is not in final form.  No vote was taken.

          H.B. 1312 – Collection of Family Data by State Judicial Department.  This Bill would require State Judicial to survey information from their cases, and to do it on their own budget.  The committee reported that State Judicial felt they could handle this.  The Executive Council was neutral on it, and no vote was taken.

          S.B. 64 – Omnibus Child Support Bill.  The CBA Legislative Policy Committee has stated that our Section cannot support section 5 of this Bill.  The Executive Council voted 18-2 to support the Bill with that understanding about section 5.

          S.B. 75 – Ex-Parte Temporary Protection Orders.  The Legislative Committee said the Bill was probably dead already, and it would have changed the procedures in Section 14-10-108.  No vote was taken on the Bill.

          S.B. 122 – Repeal of Family Law Magistrates.  There is only one family law magistrate, Magistrate Lung in Arapahoe County, who will retain his job and be deemed a District Court Magistrate.  All magistrates, except Lung, are District Court magistrates with full powers as District Court magistrates and not family law magistrates.  This law repeals Section 13-5-301.  Council voted 19-1 to support the Bill.

          S.B. 151 – Judicial Evaluations.  The Legislative Committee said no position was necessary, and no vote was taken.

          Dave Johnson gave an update regarding draft rule 16.2.  He said that revisions are being prepared, and they are streamlining the financial affidavit.  Barbara Salomon is working on revisiting 26.2 with regard to interrogatories and request for production of documents.  There will be a 3-tiered approach to discovery within the new 16.2, and there has been substantial change to the proposed Rule since the last comment.  On February 27, the Supreme Court Standing Committee on Family Issues meets again to vote on the re-written draft of 16.2.  The re-written draft is not now available for review by Family Law Section.

          Beth Henson mentioned that special advocates, child legal representatives, and mental health professionals are being sued for working in special advocate cases.  She mentioned more than a few people who have been subjected to lawsuits.  The MDIC and others are working on legislation and other ideas to try to relieve this situation.  It was suggested that an immunity statute would help.  The Executive Council advised Beth that, if we could help in some way, we would be glad to lend support.

          Regretfully, Lisa Dailey has resigned from the Executive Council because of health related issues with her son.  Council will be working to fill the non-Denver metropolitan area vacancy on the Council.  We wish Lisa and her family well and good health.

Respectfully submitted,

Bonnie Schriner

Chair Elect