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February 2008

 

Colorado Bar Association

Criminal Law Section
“Creating Order from Chaos- Since 1989"

Minutes for the Executive Council Meeting Feb 12, 2008

Present:                                                                    By Telephone:
Mike Goodbee                                                            Ed Casias
Valeria Spencer                                                         Wadine Gerhke
Michael Valdez                                                           Charlie Garcia
Tom Hammond                                                          Matt Kirsch
Morris Hoffman                                                          Maureen Cain
Suzanne Katchmar
Norm Mueller
David Lamb
Andrea Mueller
Ken Kupfner
Ted Tow

A.  Call to Order:  The meeting was called to order at 5:30 by Mike Goodbee.

B.  Approval of the Minutes from  January 8, 2008: moved by Morris Hoffman, seconded by Charlie Garcia.

C.  Budget Report:  reviewed

D.  Old Business:  

     1.      Erica Driver had her baby – a girl.  Erica will not be returning to the Crim Law Section.  Andrea Mueller will be taking over.

      2.   Balance to the force?  Andre Rudolph is interested to join for the judges; Lindy Frolich is willing to be added on to the Council and will join the CBA as well.  Balance achieved.

      3.   Criminal Justice Commission (CCJJ) update – they have met and had some presentations. A bill is gong through to have them take a look at racial disparity.  We will call it the statewide commission to distinguish it from the Denver-only Commission

      4.   CLE programming for Fall – on March agenda – we need to be thinking of topics

      5.  Legislative Update:
SB 54 – performance commission – updated and changes made to the bill.  CBA says it doesn’t go far enough.  Currently it will nullify the 3.0 rule that automatically gets a retention or non-retention and leave discretion with commission.  CBA wants benchmarks, just not necessarily dispositive benchmarks.  The bill is out of judiciary committee, on its way to appropriations to fund it away from state judicial.  Probably won’t pass appropriations ($250,000).  Currently there is no provision for evaluating magistrates – pushing for sending surveys to users on magistrates.


Term limits constitutional amendment– Andrews’ petitions have been approved, but no sign of them yet.  Proposal is across the board for all levels of judges.  Prospective only House Bill ___– (overkill in response to adverse possession case in Boulder) – former judge cannot be a litigant in the district where he/she sat.
Ted Tow and Maureen Cain:  Sealing of records – went through with an amendment to add misdemeanor DV; only F5 and F6 drug felonies and misdo and petty offenses to be sealed.  Not DV misd.  Bill provides for sealing after 10 years with DA approval and judge review.  Traffic offenses not covered.
SB 66 – felony murder by a juvenile who wasn’t a participant in homicide.  Now – juv charged with felony murder, but pleads to F2 is eligible for YOS.
Coming up: Juv direct file bill, Escape bill, DNA bill, Interlock bill out of transportation committee.

Let Michael know if you want to be on his listserv for weekly legislative updates.

E.  New Business 

     1.  Board of Govs special meeting on March 1 to deal specifically with Andrews’ proposed amendment – Norm Mueller as rep cannot attend; Tom Hammond will take his place

     2.  Editorial by Tom Carberry in News taking shots at prosecutors, defense bar and judiciary alike.  Should crim law section respond with a balanced response from defense and prosecutor?  After comments by the council, it was agreed to let the matter go without response.

     3.  Judge Ken Plotz, Brian Vicente and Sean McAllister appears on behalf of CBA Criminal Sentencing Project (a committee) to speak on reform suggestions.  Written submission provided with specific recommendations 1-7 (unanimous consensus by the group) and further study points 1 and 2.  Looking for our support (from this section and ultimately the CBA) and then to take the recommendations to CCJJ as a sentencing commission for things they need to look at.


 --Questions are asked about number 5 – evaluating failure rate or probationers.  Concerns were raised about shipping prisoners out of state and their ability to re-integrate when they get out.


 --Mueller moves to endorse/support whole report as a section so that CBA will have endorsement when it comes time for them to review it.  Seconded by Hammond. Discussion:  this will go to Executive Council after this.  Should our section take a position on this?  Some think it is presumptuous of us to speak on behalf of whole section that practices criminal law.  Some think the broad cross section of the Project came to a consensus and should be taken at full value. 
Vote:  Approved:  Cain, Garcia, Gehke, Mueller, Katchmar, Tow, Goodbee, Kupfner, Lamb. Hoffman, Spencer and Casias abstained.  Opposed: none. 

F.  Next Meeting: March 4, 2008, at 5:30 p.m.  

G. Adjourn:  6:40  p.m.