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September 16, 2009

CBA LITIGATION COUNCIL
SEPTEMBER 16, 2009 [DRAFT] MEETING MINUTES
LOCATION: CBA offices, Denver via teleconference

COUNCIL MEMBERS PRESENT:

Via Phone:

Chair: Peter Black

Vice Chair: Alden Hill

Secretary: Lorraine Parker

Steve Abrams

Mickey Smith

Katayoun Donnelly

Larry Schoenwald

Andy Toft

Peter Goldstein

Sandra Wick Mulvaney

CBA Personnel: Michael Valdez; Greg Martin

1. CALL TO ORDER: 4:34 p.m.

2. CONTINUED DISCUSSION OF PROPOSED COMMENT TO CODE OF JUDICIAL CONDUCT RULE 2.6. Motion by Peter Goldstein: The Litigation Council, representing the Litigation Section, has been asked to review the proposed comment to the Code of Judicial Conduct Rule 2.6. The Council recommends strongly against adoption as written and recommends strongly against using a rule or a comment in the Code of Judicial Conduct to overrule or modify Colorado common law. The Council believes any action by a Colorado judge must be subject to appeal according the Rules of Civil Procedure. The Council strongly opposes any language in such rule or comment which states, “Colorado law notwithstanding. . .” The Council appreciates the need to protect the rights of pro se litigants to be heard, and understand the need for further guidelines to achieve this goal. The Council strongly believes any guidance provided to trial court judges should be provided in the rules of civil procedure for each practice. Moved and seconded. Approved unanimously.
Timeline: The draft motion above will be circulated to the Council members this week language to be finalized by Monday, September 21. In the meantime, the Council’s position will be communicated to the CBA President and others.

8. PROPOSED REVISION TO C.R.C.P. 47 RE VOIR DIRE. CTLA and CDLA both endorse and support the proposed amendment to C.R.C.P. 47. The Colorado State Public Defender has endorsed a similar Motion by Larry Schoenwald for endorsement and approval of the proposed revision to C.R.C.P. 47 including the explanatory language (with the removal of the word “it” below proposed revision). Moved and seconded. Approved unanimously.

12. ADJOURNED at 5:17 p.m.

Prepared by:

/s/ Lorraine Parker

Lorraine Parker, Secretary

Approved: _________________________

(date)