Vol. 28, No. 5
From the Courts
Colorado Supreme Court Rules Committee
Chapter 29. Colorado Rules of Criminal Procedure
VI. Trial, Rule 24. Trial Jurors
Amended and Adopted
Rule 24. Trial Jurors
(b) Challenges for Cause.
(1) The court shall sustain a challenge for cause on one or more of the following grounds:
(I) to (X) [No change]
The juror is a lawyer. [Reserved]
(XII) [No change]
Amended and Adopted by the Court, En Banc, March 11, 1999, effective July 1, 1999.
Second Corrective Order
Colorado Rules of Criminal Procedure
Chapter 29. Rule 32.1, Death Penalty Sentencing Hearing
Rule 32.1, Death Penalty Sentencing Hearing, of Chapter 29 of the Colorado Rules of Criminal Procedure, Subsection (f)(6), contains a typographical error. The second sentence of the subsection refers to "subsection (5)." It is now corrected to read "subsection (6)."
Corrected on March 31, 1999, effective immediately.
By the Court,
Gregory J. Hobbs, Jr.
Justice, Colorado Supreme Court
Colorado Judicial Department
Chief Justice of the Supreme Court Directives
Notice of Availability
A full set of the Chief Justice Directives may be purchased from the Colorado Judicial Department for $15, which includes copying, handling, and postage costs. Checks should be made payable to Colorado Judicial Department and should be mailed to: Court Services Division, Office of the State Court Administrator, 1301 Pennsylvania St., #300, Denver, CO 80203. Individual Chief Justice Directives will be assessed a $5 charge, pursuant to Chief Justice Directive 96-01, concerning standard research fees. Chief Justice Directives also are available from the Colorado Supreme Court homepage at: www.courts. state.co.us/supct/cjdirect/cjdirectives.htm.
Publication in The Colorado Lawyer
Chief Justice Directives will be published on a space available basis in this "Court Business" section of The Colorado Lawyer. Some attachments may be omitted. To obtain a copy of attachments, contact the Court Services Division, Office of the State Court Administrator, 1301 Pennsylvania St., #300, Denver, CO 80203.
CHIEF JUSTICE DIRECTIVE 98-06
Supreme Court of Colorado
Office of the Chief Justice
Judicial and Magistrate Compensation for
Solemnizing Weddings and the Reporting of Related Income
Pursuant to Section 14-2-109(1), 5 C.R.S. 1996, a marriage may be solemnized in several ways including by judges and magistrates. Performing weddings is an important public service that judges and magistrates may continue to perform at any time so long as it does not interfere with, nor delay any judicial duties. Further, judges and magistrates may charge a fee for weddings performed outside of normal business hours. However, compensation of any kind may not be received for performing this service during normal business hours. Other court personnel may not accept any compensation for participation in the performance of a wedding during normal business hours.
In order to clarify current reporting requirements of income related to the performance of weddings a standardized reporting form has been developed and is attached to this directive. Judges and magistrates are required to file this form pursuant to Canon 6 of the Code of Judicial Conduct on or before the 15th of January each year. Income related to the performance of weddings shall be reported on this form. All judges are reminded to comply with the reporting requirements of Sections 24-6-202 and 203, 7 C.R.S. (1998) and may use the attached form as an addendum to these reports.
Done this 17th day of July 1998.
Chief Justice Anthony F. Vollack
CHIEF JUSTICE DIRECTIVE 98-07
Supreme Court of Colorado
Office of the Chief Justice
Concerning Equitable and Effective
Utilization of Court Reporters
The Colorado Judicial Branch’s courts of record rely on the services provided by the court reporters and other Judicial employees other than court reporters who prepare transcripts. Despite the best efforts of judicial employees and judges alike, occasional problems develop concerning availability and proper assignment of court reporters, and timely production of transcripts necessary in the courts’ operation.
This directive is adopted to achieve two objectives: first, to prioritize court reporter duties; and second, to strongly encourage the use of managing court reporters where appropriate and to establish a best practice model for those operations.
This directive is intended to confirm the status of court reporters as confidential employees of the judges to whom they are assigned, but also to confirm certain that there are circumstances where chief judges or their designees may temporarily reassign court reporters to assist other judges.
I. Prioritization of Court Reporter Duties
In order that the needs of litigants, attorneys, trial courts, and appellate courts be appropriately and effectively met, it is necessary to recognize that there are certain inherent priorities among the various duties of the court reporters employed by the Colorado State Judiciary. These are:
First. Reporting the record for the judge to whom the court reporter is primarily assigned, preparation of orders and related correspondence.
Second. Reporting for other judges in their judicial district as assigned by the chief judge.
Third. Timely production of transcripts on appeal and of other transcripts ordered by judges.
Fourth. Production of other transcripts.
Fifth. Assisting other court personnel as directed by their assigned judge or the chief judge in the absence of the assigned judge.
The first three priorities are preeminent, and integral to the very operation of the court system. Therefore, court reporters should not commence or continue duties under the fourth or fifth priority when their duties under the first three priorities are not fulfilled.
In addition, court reporters remain subject to the provisions regarding hours of work as set forth in Rule 21 of the Colorado Judicial System Personnel Rules, and must remain available at the courthouse during those hours.
Circumstances arise that may warrant temporary reassignment of court reporters. These include, but are not limited to:
- A reporter being on annual leave
- A reporter being on other leave
- A reporter falling behind on transcripts on appeal or court ordered transcripts, either by reason of their judge being in a trial of extraordinary length or because of the very nature of the judge’s assigned caseload
- The need for additional reporters in a case.
Ultimate authority to make necessary and temporary reassignment of court reporters is vested in the chief judge of a judicial district. No judge who is consulted by the chief judge in this regard shall have a basis for objection unless the reassignment would result in his or her courtroom being uncovered when actually scheduled to be in session.
II. Best Practices Model for Managing Court Reporters
The use of a managing court reporter system has proven to be an effective means of coordinating and efficiently distributing workload among court reporters and ensuring the timely preparation of transcripts. Such a system is strongly recommended for those districts where there are three or more district court judges. Attached is a "best practice" model for a managing court reporter system which was developed by the State Court Administrator’s Office ("SCAO") using elements from the managing court reporter systems in the 2nd, 4th, 17th, and 19th Judicial Districts. It is recommended that this model be used when evaluating and/or developing such a system. Attached is the Best Practices Model. Chief Judges are to examine and report to the Chief Justice how their district may or may not benefit from a managing court reporter system.
Approved by the Chief Justice
Anthony F. Vollack
Date: July 10, 1998
© 1999 The Colorado Lawyer
and Colorado Bar Association. All Rights Reserved. Material from The Colorado Lawyer
provided via this World Wide Web server is protected by the copyright laws of the United States and may not be reproduced in any way or medium without permission. This material also is subject to the disclaimers at http://www.cobar.org/tcl/disclaimer.cfm?year=1999