Search



Not a CBA Member? Join Now!
Find A Lawyer Directory
Find A Lawyer Directory
STRATUM
Find A Lawyer Directory
Know Your Judge

TCL > April 1999 Issue > Court Business

April 1999       Vol. 28, No. 4       Page  97
From the Courts
Court Business

Court Business

Colorado Supreme Court Rules Committee

Chapter 38. Public Access to Records and Information
[New Chapter, Colorado Revised Statutes, Vol. 12]
Adopted

The purpose of this rule is to provide the public with reasonable access to Judicial Branch documents and information while protecting the privacy interests of parties and persons. In addition, this rule is intended to provide direction to Judicial Branch personnel in responding to public records requests.

The Chief Justice is authorized to issue directives regarding access of the public to documents and materials made, received, or maintained by the courts. Such Directives of the Chief Justice are orders of the Supreme Court and shall govern release of records to the public. The Chief Justice on behalf of the Supreme Court is authorized, in the implementation of this rule, to appoint committees and assign custodians of records, and to designate the functions of such committees and custodians of records, as the Chief Justice may determine.

The Chief Justice has issued CJD 98-05, which is authorized pursuant to this rule without further action. [See Vol. 27, The Colorado Lawyer, p.201 (Dec. 1998).] Pursuant to CJD 98-05, the Chief Justice has appointed a Public Access Committee to adopt policy. The policy of that Committee is effective without further action. Because policy concerning public access to information is in development stages, as are components of the ICON system, the policy of any duly authorized committee appointed by the Chief Justice is effective when adopted. This rule is adopted by the Court on an interim basis, pending a final proposal by the Public Access Committee, public comment thereon, and further action by the court.

Custodians of records within the judicial branch are not authorized to release any records or material to the public inconsistent with this rule or the Chief Justice Directives. This rule is intended to be a rule of the Supreme Court within the meaning of the Colorado Public Records Act, including sections 24-72-204(1)(c) and 24-72-305(1)(b) (7 C.R.S.).

Adopted by the Court, En Banc, February 23, 1999, effective immediately.

By the Court:

Mary J. Mullarkey, Chief Justice
Colorado Supreme Court


Chapter 27. Colorado Rules of Probate Procedure
Rule 30.1. Conservatorships—Administration and Closing
Amended and Adopted

Rule 30.1. Conservatorships—Administration and Closing

In directing the activities of a conservator, the court shall order as much supervision as in its judgment is necessary, after considering all relevant circumstances. Unless otherwise ordered by the court, each conservator shall file with the court an inventory and annual interim accountings.

IF THE COURT REQUIRES THE CONSERVATOR TO FILE A FINANCIAL PLAN, THE PLAN SHALL SET FORTH THE PROTECTED PERSON'S INCOME AND EXPENSES, AS WELL AS A PLAN FOR MANAGEMENT OF THE ESTATE AND SUCH OTHER MATTERS AS THE COURT MAY REQUIRE. THE CONSERVATOR SHALL SEEK COURT APPROVAL BEFORE MAKING ANY SIGNIFICANT DEVIATION FROM THE PLAN.

If otherwise ordered by the court, a petition to close a conservatorship shall be accompanied by a final accounting. The protected person, if then living, and all other interested persons, if any, shall be given notice of the hearing on the petition.

Amended and Adopted by the Court, En Banc, February 24, 1999, effective July 1, 1999.


Colorado Rules of Juvenile Procedure
Chapter 28. Rule 2.2(a). Summons—Service
Corrective Order
Amended and Adopted

Rule 2.2(a). Summons—Service.

The reference in Rule 2.2(a) to "C.R.C.P. 4(b)" is corrected to read "C.R.C.P. 4(g)."

Amended and Adopted by the Court, En Banc, February 24, 1999, effective immediately.


Colorado Rules of Criminal Procedure
Rule 16. Discovery and Procedure Before Trial
Rule 32.1. Death Penalty Sentencing Hearing
Corrective Orders

Rule 16, Discovery and Procedure Before Trial, Part I, Disclosure to Defendant, subsection (a)(1)(VI), contains a typographical error. The word following the parenthetical, "(including wiretaps)," is now corrected to read "of" rather than "or." Corrected on March 2, 1999, effective immediately.


Rule 32.1, Death Penalty Sentencing Hearing, of Chapter 29 of the Colorado Rules of Criminal Procedure, subsection (f)(6), contains a typographical error. Currently, the third section found therein is mislabelled "(II)." The Roman numerals within subsection (f)(6) should follow consecutively. Therefore, the second "(II)" is now corrected to read: "(III)."

Corrected on March 2, 1999, effective immediately.

By the Court:

Gregory J. Hobbs, Jr.
Justice, Colorado Supreme Court

© 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.


Back