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June 2007

CBA LITIGATION COUNCIL
June 2, 2007 MEETING MINUTES


LOCATION:  CBA offices, Denver, CO

COUNCIL MEMBERS PRESENT:

In Person:    

Chair:  Peter Black
Vice Chair:  Alden Hill
Secretary:  Mike Chapman
Robert Anderson
Brad Breslau
Peter Goldstein
Doran Matzke
Loraine Parker
John Purvis   
Jon Sands
Larry Schoenwald
Kim Schutt
Mickey Smith
           
 Via Phone: None
               
CBA Personnel: Michael Valdez; Greg Martin

OTHERS PRESENT: Mary J. Mullarkey, Chief Justice, Colorado Supreme Court
           
1.    CALL TO ORDER:  9:00 AM

2.    Report from Mary J. Mullarkey, Chief Justice, Colorado Supreme Court: Justice Mullarkey attended the meeting and started by stating that it was nice to attend our meeting and provide a report that didn’t sound like whining.  In summary form, Justice Mullarkey reported that:

•    The Legislature had provided State judicial the best budget it had received in many years.  All in all, a better legislative environment for State judicial.

•    Plans to build a new appellate building remain in the works, with negotiations with the State History Museum continuing.

•    There was a 5.07% raise in judicial salaries.

•    SB 118 had been enacted to provide a funding source for courthouse security.

•    On a Federal level, many state courts have and will apply to obtain Homeland Security monies to increase security in courthouses.

•    The Court of Appeals is adding one additional three-judge panel this year and another three-judge panel next year.

•    With the increased budget, there have been substantial effort to make the Courts more user friendly and most courts should be fully staffed within a few years.

•    State judicial adopted a “pay for performance” structure and an evaluation process that allows the State to award high-performers.

•    State judicial has a goal to have “real time” certified court reporters in every courthouse.

•    E-filing is working well on a statewide basis, and it generates some monies for state judicial. 

•    Dan Cordova is the new Supreme Court librarian, and they have added two additional librarians to their staff, both with J.D. and library science degrees.

2.    APPROVAL OF MINUTES:  The April 7, 2007 Meeting Minutes were approved by unanimous vote after motion.

3.    FINANCIAL REPORT.  Greg Martin presented the attached financial report.  There is approximately $49,000.00 remaining in the budget.  Greg also reported that membership of the Litigation Section is remaining about the same as the previous year.

4.    COMMITTEE AND SUB-COMMITTEE REPORTS:

A.    Supreme Court Rules Committee.   Peter Goldstein reported that the last meeting was cancelled and they plan to meet the last week of June.

B.    Board of Governors.    Peter Goldstein reported that the last meeting was rather benign. 
Greg Martin mentioned that at the end of August there will be a special meeting of the LPC to address differing proposed legislation involving judicial evaluation and whether the Chief Justice should have appointment power on the State Judicial Performance Commission.   Alden Hill was appointed to be the Litigation Section member on a task force chaired by Stacey Carpenter to determine where the LPC should be on these issues in preparation for the year 2008 legislative session. 

C.    Professional Committee.  Robert Anderson and Greg Martin reported that the filming of vignettes was completed and in the post-production stage.  They are also working on the handbook and supplements to used in conjunction with the videos.

D.    Securities Sub-Section.    No report.

E.    Appellate Practice Committee.  Robert Anderson reported that the next meeting would be held the 4th Friday of July.

F.    Section Newsletter.    Kim Schutt reported that the last newsletter went out in June.  Greg Martin reported that several people responded to the newsletter and expressed an interest to serve on the Litigation Council.  There was brief discussion of the Council’s bylaws and that the Council should consider the addition of new members.

5.    LEGISLATIVE UPDATE.  Michael Valdez provided a very brief report on SB 1054 and will provide a legislative report at the next meeting.

6.    OLD BUSINESS

A.    Follow up re Institute for the Advancement of the American Legal System. No report.

B.    Preemptory Challenges Practices.  There was a brief discussion that the way to address what happens in Jefferson County is to amend CRCP Rule 47.

C.    PR – Donations to litigation related pro-bono programs.  No report.

D.    Speakers for Future Meetings.  The Council discussed the possibility of having Moe Hoffman, Federal Chief Judge Nottingham and Jerry Marroney as guests.

7.    NEW BUSINESS.

A.     CBA Task Force re Judicial Performance.  No report.

B.    Election of Council Officers: After nominations, the following officers were elected by unanimous vote:

Peter Black – another terms as Chairperson
Alden hill – another terms as Vice-Chairperson
Loraine Parker – Secretary

C.    New members for council.  Greg circulated correspondence from attorneys interested in being Council members.  Everyone will review prior to the next meeting.  

D.    Farewell to Robert Anderson.  Robert submitted his resignation from the Council and stated that he will have someone from the Appellate subcommittee take his place.  Everyone expressed their gratitude for his years of commitment to the Council, and wishing him well in his new endeavors and his new “form” book to be made available for Colorado litigators. 

8.     ADJOURNED.  Next Meeting to be August 25, 2007 at CBA offices, 3:00 PM. 

Prepared by:

 
/s/ Michael Chapman                   
for Michael Chapman, Secretary

Approved:   _________________________
            (date)