CBA LITIGATION COUNCIL
MAY 2, 2010 MEETING MINUTES
LOCATION: CBA offices, Denver
COUNCIL MEMBERS PRESENT:
Chair: Peter Black
Vice Chair: Alden Hill
Secretary: Lorraine Parker
Hon. Rich Caschette
Via Phone: Kathie Riley; Peter Goldstein
CBA Personnel: Greg Martin; Michael Valdez
OTHERS PRESENT: Jerry Marroney
1. CALL TO ORDER: 9:01 AM
2. APPROVAL OF MINUTES: The March Meeting Minutes were approved.
3. GUEST: JERRY MARRONEY, STATE ADMINISTRATOR. State Judicial is taking over public access from Lexis/Nexis beginning July 1, 2010. Once it is up and running should generate $9M to cover staff and other expenses; Jerry would like to keep the money in a Judicial “rainy day fund.” Every time there is a budget cut the only thing State Judicial can cut is personnel. Judicial is losing 177 people state-wide in the current budget season. Will be gaining 12 district court and 3 county court judges in January 2011, delayed six months, however, for a net loss of 110 positions. The bulk of the personnel loss is clerical. State Judicial is in the process creating their own e-filing system. They have committed to no increase in cost for e-filing, which he could not commit to with Lexis/Nexis. The system will add criminal e-filing so that Public Defenders, AGs, etc. can e-file. Private criminal attorneys will have to pay e-filing fees. The contract with Lexis terminates December 2012 at which time State Judicial will take over. They are endeavoring to have their system ready should Lexis terminate the contract early. Are also attempting to get the appellate courts on the e-filing system ahead of 2012. Lexis/Nexis spent millions to lobby the legislature to prevent State Judicial from terminating the contract. The Council suggested any easier process to link related pleadings. Mike Chapman raised two issues – adding out-of-state counsel admitted pro hac vice for e-filing service and delivering large exhibits such as real estate plans which cannot be easily read on a computer screen directly to the court. The Supreme Court and Court of Appeals have been relocated; old building is being fenced off today by the contractor, Mortenson, for demolition. The building will not be imploded; are removing the stone and saving it for re-use. There was also a concern that imploding the building would further damage the Capitol dome. The temporary courtroom for oral argument is small; large cases will probably be heard at different locations. The lawyer’s podium has been located closer to the judges/justices which turns oral argument into more of a discussion with the court rather than an argument. The new building’s schematic has been completed. It has been designed to be a 100- year building, with the ability to add a 4th courtroom in the future. There will be two linked buildings. The first building is a 4-story Supreme Court & Court of Appeals building, with clerk’s office, law library, a ceremonial courtroom, and a “Learning Center” for children to learn what the third branch of government is about, on the first floor. The Learning Center will have windows looking out on the State Capitol. There will be mock courtrooms in the learning center, and bring in groups that currently tour the Capitol and the history museum. The Supreme Court will be on the 4th floor, Court of Appeals on 3rd floor, and conferences and mediation rooms on the 2nd floor. There is a 4-story atrium looking out on the Capitol. The link building will have a cafeteria and gathering area. The second building is a 12-story building housing State Appellate, Attorney General’s Office, Public Defender’s Appellate section, alternate defense counsel, attorney regulation counsel, law examiners, and others with 6500 square feet to lease to other state agencies. They are negotiating a land lease behind a building on 13th to build a 5-story parking garage which they are hoping will also generate some revenue. Will open spring of 2013 and it will be called the Ralph Carr Judicial Center. They are setting aside $1.8M per year to pay for controlled maintenance on the structure.
4. FINANCIAL REPORT. Greg Martin reports that the Section is in good shape; we have spent $27,000; will probably spend $34-35,000 by the end of the fiscal year. The section’s income was $31,000, but will still have over $55,000 in reserve. The food bank donation has been made.
5. COMMITTEE AND SUB-COMMITTEE REPORTS:
A. Supreme Court Civil Rules Committee. Peter Goldstein reported that yesterday’s meeting was canceled due to lack of business; the previous meeting was spent on Rule 100 matters – collections, etc. The change to rules 26 and 43 was voted out successfully out of the Committee, and is now in the Supreme Court.
B. Board of Governors. The next meeting is May 8th. Greg and Michael reported that one item of business will be the three ballot initiatives designed to take $1 to $1.7 billion away from state government by not collecting various sources of revenue. Would have a significant impact on state judicial. The Bar will probably be part of the coalition Citizens for Responsible Reform to combat the initiatives.
C. Securities Sub-Section. No report.
D. Appellate Practice Sub-section. No report.
E. Class Action Sub-Section. No report.
F. Consumer Law Sub-Section. No report.
G. Section Newsletter. Newsletter was sent out via email.
H. CLE update. Greg Martin reported that a lot more is being done with webcasts.
I. Legislative update. Michael Valdez reported that there are 11 days left in the session, which has been hyper-partisan. Interlocutory appeal measure will pass.
6. NEW BUSINESS.
a. The Colorado Lawyer October 2011 special issue RFI. In the past these have been on government, family, and immigration law. It requires two Coordinating Editors and involves an enormous amount of work to solicit 4-5 substantive articles, as well as a Foreword, Preface or Introduction. The Special Issue does not lend itself so well to something as diverse as the Litigation Section.
b. Four Supreme Court justices are up for retention this year. There is an organized effort to “Vote No” on the entire group by a group called “Clear the Bench.” No campaign reporting requirements apply, so it is difficult to know how much money they have. The CBA has been approached by a group in support of the judges pearheaded by Mark Grueskin; however the CBA cannot get involved because the merit selection is designed to allow people to vote against retaining judges for whatever reason they desire.
7. OLD BUSINESS.
a. Statewide e-file training and procedures: Greg Martin reported the training continues to go well, with a monthly session at the CBA office.
8. FUTURE DATES AND SPEAKERS: Justice Mullarkey June 5. No meetings in July and August; the September meeting will be the second Saturday in September, the 11th.
9. ADJOURNED at 11:40 a.m. Next meeting to be June 5, 2010 at CBA offices, at 9:00 AM.
/s/ Lorraine Parker
Lorraine Parker, Secretary