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March 2008

Colorado Bar Association


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

Minutes for the Executive Council Meeting March 4, 2008

Present:                                                                        By Telephone:
Valeria Spencer                                                             Wadine Gerhke
Ken Kupfner                                                                  Lindy Frolich
Ted Tow                                                                        Tom Moorhead
David Lamb
Charlie Garcia
Tom Jackson
Tom Hammond
Suzanne Katchmar
Morris Hoffman
Andrea Mueller
Mike Goodbee

A.  Call to Order:  The meeting was called to order at 5:45 pm by Wadine Gerhke (Goodbee appearing later).  Welcome to new member Lindy Frolich.

B.  Approval of the Minutes from Feb 12, 2008 – approved. Moved by Katchmar, seconded by Kupfner.

C.  Budget Report: meal amount seems higher than previous months. Andrea Mueller will check into why that amount has gone up.

D.  Old Business:  

     1.      Andre Rudolph will be joining the Council.

      2.   Statewide Criminal Justice Commission – reviewing issues of increased recidivism and what other states are doing on that issue.  Working on goals for the Commission.  There is some tension among the members about what they should be doing.  Pete Weir is working at making sure commissions from other areas are not working at cross purposes.  No recommendations will be forthcoming this session.  Ritter gave the commission 18 months to get it together.

      3.   CLE Fall topics. The Spring 2008 update is quite broad. Topics suggestions – courtroom technology presentations.  Laying foundations with electronic evidence adding something more specific such as computer seizures, internet issues, email and text message recovery and areas such as that.   

E.  Legislative Update: 
 1.  No sightings of Andrews starting to circulate petitions yet.  He has until July 9 to get signatures. 
 2.  SB 54 – judicial performance commissions.  In appropriations to create separate office from state judicial.  Probably won’t pass b/c of the money.  CBA still pushing for changes such as looking to add magistrates to review process.  Surveys to jurors to be sent out as well that are more specific.  3.0 standard thoroughly discussed – right now is not in rule, because it ties the commission’s hands too much.  Push for more objective numbers and standards, guidelines but not firm benchmarks. Want improvement plans be part of recommendation as well. 
 3.  1208 – direct file bill.  Out of house judiciary – seems to have hitched up now – sitting and waiting for second reading.  May be going nowhere.  There is a theme of focusing on juvenile issues (juvy felony murder – amended to change statute to allow YOS in a plea context) (juvy and competency and maturation).
 4.  SB 195 – death penalty for sex offenders where victim is under a certain age.  Huge fiscal note will be attached to it and will likely kill it. 
 5. Sealing records bill – meeting resistance and keeps getting watered down.  Only F5 and F6 drug offenses seem to be left and domestic violence. 
 6.  Access to Justice funding to be increased by $250,000 for victims of domestic violence to obtain legal services.

F.  New Business 

     1.   Governing Board Special Meeting on March 1, 2008 – Hammond and Goodbee attended.  Meeting on term limits for judges (Andrews resolution)  2 questions:  1.  Should the Board of Gov take a position?  Unanimous yes.  2.  Should we approve an amount of money ($250,000) to have a consulting firm do polling to find out general idea the public holds?   A consulting firm made a presentation with facts and figures by groups – all in favor of term limits per se; dig a bit deeper, and there are more nuances to opinions held.  The expenditure was approved.   
 --discussion about Andrews’ pitch this time is slightly different than Amendment 40’s theme.  12 and out for everyone; 4 year terms, not retroactive and applies to all judges. 

2. Charlie Garcia’s editorial response to the recent Carberry editorial. Thanks to Charlie for writing the editorial and for teaming up with a former DA in that response. 
3. Scholarships for Spring CLE – 6, 6 and 6.  Already allocated.   
G.  Next Meeting: April 1, 2008, at 5:30 p.m.

H. Adjourn:  6:40 p.m.