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Spring 2014

In this issue: View PDF Spring 2014

Elections for New Officers on Wednesday, May 14
Submit nominations by Friday, April 11

At this time, we are soliciting nominations for the positions of Chair-Elect and Secretary. Please consider submitting your name or the name of a respected colleague for one of these important positions. Please include one to two sentences about that person and how they would make a great addition to the JLS Executive Council in either of these positions.

The deadline for submitting nominations is Friday, April 11.

A description of the offices open for election is as follows:

Chair-Elect*
Assists the Chair in the running of the Section and overseeing the Committees.
This is a two-year commitment, as the Chair-Elect must be willing to serve one year as Chair-Elect prior to serving one year as Chair.

Secretary*
Custodian of the books, papers, documents and other Section property. In addition, the secretary keeps records meetings and generally attends to Section business.

*Officers must be members of the Colorado Bar Association and the Juvenile Law Section.

The CBA Juvenile Law Section will elect our new officers at 4 p.m. on May 14, 2014, at the CBA CLE Offices, 1900 Grant Street, Suite 300, Denver, CO 80203-4303. At that time, we will welcome Blair McCarthy, current Chair-Elect, who officially takes the office of section Chair on July 1, 2014, at which time Ashley Ratliff’s term as Chair will expire.

To submit a nomination by April 11, please contact JLS Secretary Betsy Fordyce at BFordyce@childlawcenter.org.


Schedule of Future JLS Events

The meeting schedule for the remainder of this calendar year will continue to occur at different times to accommodate members who are not able to make it to a noon meeting. Please put these dates on your calendar now and send in your RSVP when you get the meeting notice from Jill Lafrenz. Notices about CLE topics, speakers, and any special meeting locations will be sent separately by email.

  • **DON’T MISS THE ANNUAL JUVENILE LAW CONFERENCE**
    Don't miss the Annual Juvenile Law Conference on April 17. This all-day CLE will focus on “Preserving and Defending Childhood: Working with Trauma Exposed Children and Families Across Juvenile Systems.” Learn more and register online.
  • Annual Election and CLE with Magistrate Jamin Alabsio
    May 14, 2014 at 4 p.m.—Annual Election Meeting and CLE with Magistrate Jamin Alabiso presenting on cross-over youth in truancy and dependency cases.

Unless otherwise noted, all meetings are held at the Colorado Bar Association Office, 1900 Grant Street, 3rd Floor, Denver, CO 80203. The meetings are available by audio conference for members who are unable to travel to Denver. Please contact Jill Lafrenz, our CBA Liaison.


Recent Meetings and Events

March 12 at noon—Magistrate Jessica Curtis presented on “New and Noteworthy: SOMB guidelines for the Juvenile Practitioner”.


Other Events of Interest

Many of these conferences offer special discounts for CBA Juvenile Law Section members—Be sure to ask when registering for an event.

Aug. 18–20—NACC 37th National Child Welfare, Juvenile & Family Law Conference, Hyatt Regency Denver at Colorado Convention Center


Legislative Subcommittee Report

The Regular Session of the Sixty-ninth General Assembly convened on January 8, 2014. In an effort to keep our members up-to-date on this year’s busy legislative session, Sarah Felsen created a bill matrix that is available on the JLS website. Currently, we are monitoring approximately 10 bills. We imagine that the list will grow as the legislative session unfolds.

In the meantime, if you feel strongly about upcoming legislation that is listed on the spreadsheet, if you’d like to see additions made, or if you would like more information on JLS and the legislative session, please contact: Sarah Felsen at sarah.felsen@gmail.com or Blair McCarthy at bmccarthy.jtlawfirm@gmail.com.


The Colorado Lawyer—Juvenile Law Articles and Other Articles of Interest

There were no juvenile related articles this quarter in The Colorado Lawyer.

Sheri Danz and Pax Moultrie, both past Chairs of the JLS, are co-editors of the Juvenile Law articles that appear in The Colorado Lawyer. For information about submitting articles please contact Sheri at (303) 860-1517, ext. 102, sheridanz@coloradochildrep.org, or Pax at (303) 636-1100, pmoultrie@arapahoegov.com.


Case Law Update

Please note, Colorado Court of Appeal Summaries and links to the full opinions are available online. Go to cobar.org/opinions, and click on the appropriate case date.

The Court of Appeals summaries are written for the CBA by licensed attorneys Teresa Wilkins (Denver) and Paul Sachs (Steamboat Springs). Please note that the summaries of Opinions of the Colorado Court of Appeals are provided as a service by the CBA, and are not the official language of the Court. The CBA cannot guarantee the accuracy or completeness of the summaries.


2014 COA 31. No. 14CA0046. People In the Interest of A.M.C., and Concerning E.M.L.

Interlocutory Appeal—CAR 4.2.

On October 23, 2013, the Denver Department of Human Health Services (Department) filed a petition in dependency and neglect, asserting that the minor child was dependent or neglected by respondent parents. At a custody hearing eleven days later before a magistrate, the respondent mother denied the allegations and requested a jury trial.

On November 5, 2013, the Department disclosed to mother and her attorney that a paralegal employed by the city attorney’s human services legal staff was the aunt of the father. Even though the father’s whereabouts were unknown and he had not participated in the case, mother asserted to the juvenile court on November 12 that this created a conflict of interest. The juvenile court agreed and ordered appointment of a special prosecutor.

On November 20, the Department filed a motion for reconsideration. The juvenile court orally denied the motion on December 10. The Department filed a motion for certification of the disqualification order for the purpose of interlocutory appeal on December 23, 2013. The juvenile court granted the motion on January 2, 2014, and the Department filed its petition in the Court on January 9, 2014.

The Court of Appeals questioned the timeliness of the motion for certification and requested that the parties provide briefs on the issue. The Department submitted a brief. The Court held that the disqualification order was not timely sought and that the Department had not demonstrated good cause to enlarge the time prescribed in CAR 4.2.

CAR 4.2(c) requires that a party seeking to file an interlocutory appeal move for certification or submit a stipulation signed by all parties “within 14 days after the date of the order to be appealed.” CAR 4.2(d) provides that after the trial court certifies an order for interlocutory appeal, “the party seeking an appeal shall file a petition to appeal with the clerk of the court of appeals with an advisory copy served on the clerk of the trial court within 14 days of the date of the trial court’s certification.”

The Department asserted it motion for certification was timely filed because its motion for reconsideration does not toll the time period for filing, the oral order was on November 12, and therefore the motion for certification was due by November 26 but was not filed until December 23. CAR 26(b) allows the deadline in CAR 4.2(d) to be extended “for good cause shown.” To obtain such an extension, a party must establish that its failure to meet the applicable deadline was due to “excusable neglect.” The Court found that the Department’s belief that the motion for reconsideration tolled the time period did not constitute excusable neglect. The interlocutory appeal was dismissed.


Summer Newsletter

The Summer 2014 Newsletter is scheduled to go out by June 21. The deadline for submitting cases, articles and events is June 14. Please send any submission requests to sthibault@co.clear-creek.co.us, or call (303) 679-2432 (phone) or by fax at (303) 679-2444.


You’re receiving this newsletter because you’re a member of the Colorado Bar Association Juvenile Law Section. This newsletter is for information only and does not provide legal advice.

Stay up-to-date with the Juvenile Law Section by visiting the CBA JLS website.

To Unsubscribe: Please email lyrisadmin@cobar.org with “Unsubscribe from Juvenile Law Newsletter” in the subject line.

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