July 31, 2003

The Access to Justice (ATJ) Commission meeting was held at the Colorado Bar Association (CBA) conference room on Thursday July 31, 2003. Lunch was provided by the CBA. Chair David Butler called the meeting to order at 12:05

Members present in person were Jon Asher, Darla Benford, Dave Butler, Yolanda Fennick, Pam Gagel, Hon. Greg Hobbs, Magistrate David Juarez, Meredith McBurney, Rick Mishkin, Sue Parenteau, Connie Talmage, JoAnn Vogt and John Zakhem. Present by telephone were Hon. Angela Arkin, Aaron Clay, Hon Barney Iuppa, and Lynne Scholler.

Also present were Carolyn Ferber, Gerald, Marroney, Greg Martin, Jo Ann Salazar, Robert Truhlar and Chuck Turner

1. The Commission approved the minutes of the May 23, 2003 meeting.

2. Report by Gerald Marroney, State Court Administrator

   The Committee heard a presentation by Gerald Marroney regarding the impact of budget cuts on the Judicial Department and suggestions relating to ways to ease the burden on court administrative staff.

   Marroney first commented on a "popular case in Eagle County" where the courts have created a website in an effort to reduce the workload due to public and media inquiries.

   State Judicial received a $10.7 million cut, which translate into 320 average pay positions--or 13% of non-judicial staff. This does not include the 120 positions anticipated prior to the state funding crisis. The courts are already seeing the impact including increased pressure on staff, more illness & stress and Judges going without staff.

   Marroney indicated it is especially important to manage cases because the courts have seen a significant increase in caseloads over last year, especially in areas such as DUIs and domestic violence, due to the economy.

   Some steps initiated within the courts include:

• A change in the rules regarding motions to withdraw which are no longer necessary in some civil cases such as JV and domestic relations

• Rule 26 changes for simplified discovery

• Courts are looking at other rules of practice which could be modified

• The Court of Appeals is now accepting the entire file vs. the designation of record in certain civil appeals

• Internal changes including furloughs, scheduling staff so that they have time away from the public and dedicated to data entry

Marroney suggested ways the Bar and its members can help

• Cut back on filings including size, content, numbers filed and motions to reconsider

• Follow the new rules

• Use E-filing as this cuts costs and time --as much as 25% in some districts

• Provide assistance to others –i.e. tech savvy attorneys can assist those who are not technologically inclined

• Make multiple copies as needed

• Do not procrastinate – get pleading and motions to the courts in a timely manner --many courts are at least 1 week behind -- and do not request a continuance if you have procrastinated

• Research your own questions by using Court Link or www.courts.state.co.us

• Stop calling the courts with the adult version of questions such as "Are we there yet?" AKA "Has the order been signed yet?"

• Use mail delivery, not courier

• Make, or have clients make, payments ahead of time. Due to time delays, collection transactions are not being posted timely and trigger collections investigations.

• Expect delays in transcripts

• Talk to your local court clerks to learn if they use e-mail vs. phone calls to determine which is more efficient for the court

• Check with your local court administrator or Chief Judge to learn if your JD has suggestion to reduce the burden on the courts

Marroney expressed concerns regarding the quality of justice in using video advisements for large groups and regarding public safety if restraining orders are not entered timely. He also praised Chief Judge Mary Mullarkey for her work with the state legislature in keeping the reduction under $12 million, due in part to the approval by the legislature of increased fees. The original reduction was expected to be $21 million.

Discussion among the Commission, Chuck Turner and Robert Truhlar from the CBA included concerns about cuts for 2004 and beyond, budgets for Judicial training, and CBA attempts to provide education, support and to get the word out to members about these and other suggestions. Ideas included utilizing Bar Committees, articles in Colorado Lawyer and information at CLEs. Truhlar pointed out the differences from one judicial district to another and urged that any information disseminated statewide by the CBA be relevant in the local JD, while focusing on universal themes. Gagel indicated further steps currently being discussed including increased law school involvement, DU’s public service graduation requirement, use (and usefulness) of interns, use of volunteer attorneys at self-help centers and the concern about conflict issues. Judicial Commission members commented on the amount of time it takes for clerks to follow up with attorneys regarding proposed filings that were not filed or filed timely.

3. Introduction

4. Committee Reports

5. The next meeting will be held Friday September 26th, 2003.

6. The chair adjourned the meeting at 1:30.

Respectfully submitted,

Sue Parenteau
Secretary