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January 2008


Colorado Bar Association
Criminal Law Section

“Creating Order from Chaos- Since 1989"

Minutes for the Executive Council Meeting January 8, 2008

Present:                                                             By Telephone:
Mike Goodbee                                                     Valeria Spencer
Morris Hoffman                                                   Charles Garcia
Matthew Kirsch                                                    Wadine Gerhke
Suzanne Katchmar                                              Thomas Moorhead
Michael Valdez                                                    Ed Casias
Steve Bernard
David Lamb
Ken Kupfner
Tom Jackson
Ted Tow
Erica Driver

Thomas Hammond
Maureen Cain
Norman Mueller

A.  Call to Order:  The meeting was called to order at 5:34 by Mike Goodbee

B.  Approval of the Minutes from December:  Corrected to note that Hoffman was not going to contact both Clarisse Gonzales and Steve Bernard.  He was waiting until Charlie Garcia contacted Andre Rudolph for the county court position. Moved by Kirsch with friendly amendment.  Adopted   

C.  Budget Report:  Reviewed

D.  Old Business:  

 1.  Balance to the Force (yet again): Ted Tow is taking Dave Thomas’s place from CDAC; David Lamb as a prosecutor; Suzanne Katchmar as the PD replacing Charlie Garcia.  The whole list was reviewed for balance. We still need a county court judge and a defense representative.  Garcia talked to Andre Rudolph who is thinking about it.  Dave Thomas declined to stay on as a defense rep.

 2.  Sentencing Project Recommendations from September:  Per Garcia, there are 2 bodies: the state govt’s commission and the CBA project.  Nothing is happening right now for the council to vote upon.
E.  New Business 

 1.  ABA – Cross over Youth Policy – written proposal from the ABA.  J. Bernard asked about input from judges who are involved in family courts.  The document is very broad and some local experience and knowledge would be helpful to give context to the ABA policies.  Juvenile and family law sections are supporting this.  How did it come to the crim law section?  Probably because of the section in the proposal that suggests a cross-over between the D&N cases and the delinquency cases.  Decision to proceed:  to do an email vote before the Jan 18 deadline, after juvenile judicial input. 

2. CLE program for fall:  put on March agenda.

Full length Colorado Lawyer edition of criminal law for October – commitment needs to be made in January (now).  Decision made to pass this year. Hoffman looking for articles for the criminal section – 5 articles needed.  Need to send out an email to the section to see if there is any interest.

     3.  Legislative update:   Session starts Jan 9.  Agenda handed out.  
Ted Tow mentioned that the DA issues are not major – id theft provisions to be tweaked.  Addressing the reality that public masturbation is not a crime if you don’t expose yourself – to be fixed.  Discovery issues of sexually exploitative material. 
 Valdez highlights: grassroots issues – Andrews submitted petition to the sec’y of state for approval for term limits for all judges prospectively.  Once approved, Andrews doesn’t have to move forward right away.  If people see petitions out there, let Valdez know. 
  --Judicial Performance Commission statute sunsets in 2009.  Recommendations have been made to Shaefer and Carroll’s committee.  Shaefer will have bill out soonest. 

     4.   Gov’s criminal justice commission:  not ramped up yet for proposals.

F.  Next Meeting:  February 5, 2008 at 5:30.

G. Adjourn:  6:15 p.m.