Search



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

TCL > April 1997 Issue > Court Business

The Colorado Lawyer
April 1997
Vol. 26, No. 4 [Page  101]

© 1997 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved.

All material from The Colorado Lawyer provided via this World Wide Web server is copyrighted by the Colorado Bar Association. Before accessing any specific article, click here for disclaimer information.

From the Courts
Court Business

Court Business

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. Check is payable to Colorado Judicial Department, and mailed to: Court Services Division, Office of the State Court Adminis-trator, 1301 Pennsylvania St., Ste. 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.

Steven V. Berson
State Court Administrator

Colorado Supreme Court Rules Committee

Colorado Rules of Civil Procedure
C.R.C.P. 201.3. Classification of Applicants
Chapter 18. Rules Governing Admission to the Bar
Amended and Adopted

C.R.C.P. 201.3. Classification of Applicants is amended as follows:
(1) Class A applicants are those who, as determined by the Bar Committee, have been admitted to the Bar of an-other state, territory, or district of the United States and who have (a) been actively and substantially engaged in the practice of law for five of the seven years immediately preceding application for admission to the Bar of Colorado, or (b) attained a scaled score of at least 152 on the Multi-State Bar Examination at an examination taken within two years next preceding application for admission to the Bar of Colorado.
Amended and Adopted by the Court, En Banc, November 26, 1996, effective January 1, 1997.

By the Court:

Howard M. Kirshbaum
Justice, Colorado Supreme Court

Colorado Rules of Civil Procedure
C.RC.P. 201.5. Educational Qualifications
Chapter 18. Rules Governing Admission to the Bar
Amended and Adopted

C.R.C.P. 201.5. Educational Qualifications is amended as follows:
(1) [No change]
(2) Class B applicants shall meet the following educational requirements:
(a) Every Class B applicant shall have received at the time of the examination (i) a first professional law degree from a law school approved by the American Bar Association pursuant to Sections 301, 302, 303, 304, 305, 306 and 308 of the Standards for Approval of Law Schools Approved by the House of Delegates of the American Bar Association, which Standards are incorporated herein by reference (see appendix to Rule 201 for the text of the Standards); or (ii) a first professional law degree from a state accredited law school, provided that such applicant shall have been admitted to the bar of another state, territory, or district of the United States and shall have been actively and substantially engaged in the practice of law, as defined by Rule 201.3(2), for five of the seven years immediately preceding application for admission to the Bar of Colorado; OR (iii)
(b) A Class B applicant who does not meet the requirements of subsection (2)(a)(i) but who has received a first professional law degree from a law school in a common law, English-speaking nation other than the United States may petition the Bar Committee to consider whether the applicant’s legal training was substantially equivalent to that required by subsection (2)(a)(i). The burden of demonstrating substantial equivalence shall be on the applicant, and the Bar Committee shall apply the American Bar Associa-tion’s Standards for Approval of Law Schools (see appendix) in determining whether the applicant’s legal education is sufficient to qualify the applicant for admission. PROVIDED THAT SUCH APPLICANT SHALL HAVE BEEN ADMITTED TO THE BAR OF THE NATION WHERE HE/SHE RECEIVED HIS/HER FIRST PROFESSIONAL LAW DEGREE AND SHALL HAVE BEEN ACTIVELY AND SUBSTANTIALLY ENGAGED IN THE PRACTICE OF LAW, AS DEFINED BY RULE 201.3(2), FOR FIVE OF THE SEVEN YEARS IMMEDIATELY PRECEDING APPLICATION FOR ADMISSION TO THE BAR OF COLORADO.
Amended and Adopted by the Court, En Banc, February 13, 1997, effective March 1, 1997.

Colorado Rules of Civil Procedure
C.R.C.P. 58. Entry of Judgment
Chapter 6. Judgment
Amended and Adopted

C.R.C.P. 58. Entry of Judgment is amended as follows:
(a) [No change]
(b) Satisfaction. Satisfaction in whole or in part of a money judgment may be entered in the judgment record (Rule 79(d)) upon an execution returned satisfied in whole or in part, or upon an acknowledgment of such THE FILING OF A satisfaction filed with the clerk, made in the manner of an acknowledgment of a conveyance of real property by the judgment creditor, or SIGNED by the judgment creditor’s attorney of record unless a revocation of authority is previously filed, or by the signing of such satisfaction BY THE JUDGMENT CREDITOR, attested by the clerk OR NOTARY PUBLIC, OR BY THE SIGNING OF upon the judgment record (Rule 79(d)) by one herein authorized to execute an acknowledgment of satisfaction. Whenever a judgment shall be so satisfied in fact otherwise than upon execution, it shall be the duty of the party JUDGMENT CREDITOR or THE JUDGMENT CREDITOR’S at-torney to give such acknowledgment SATISFACTION, and upon the motion the court may compel it or may order the entry of such satisfaction to be made without it.
Amended and Adopted by the Court, En Banc, February 27, 1997, effective July 1, 1997.

Colorado Rules of County Court Civil Procedure
C.R.C.P. 358. Entry and Satisfaction of Judgment
Amended and Adopted

C.R.C.P. 358. Entry and Satisfaction of Judgment is amended as follows:
(a) [No change]
(b) Satisfaction. Satisfaction in whole or in part of a money judgment may be entered in the judgment record (Rule 379(c)) upon an execution returned satisfied in whole or in part, or upon an acknowledgment of such THE FILING OF A satisfaction filed with the clerk, made in the manner of an acknowledgment of a conveyance of real property by the judgment creditor, or SIGNED by the judgment creditor’s attorney of record unless a revocation of authority is previously filed, or by the signing of such satisfaction BY THE JUDGMENT CREDITOR, attested by the clerk OR NOTARY PUBLIC, OR BY THE SIGNING OF upon the judgment record (Rule 379(c)) by one herein authorized to execute an acknowledgment of satisfaction. Whenever a judgment shall be so satisfied in fact otherwise than upon execution, it shall be the duty of the party JUDGMENT CREDITOR or THE JUDGMENT CREDITOR’S at-torney to give such acknowledgment SATISFACTION, and upon motion the court may compel it or may order the entry of such satisfaction to be made without it. With respect to judgments entered on or after July 1, 1981, the clerk shall, after six years from the entry of final judgment, satisfy the judgment and shall enter a full satisfaction in the judgment record (Rule 379(c)) unless judgment is revived pursuant to Rule 354(h).
Amended and Adopted by the Court, En Banc, February 27, 1997, effective July 1, 1997.

Colorado Rules of County Court Civil Procedure
Form 3. Answer Under Simplified Civil Procedure
Amended

Form 3. Answer Under Simplified Civil Procedure is revised as follows:
1. The amount of damages claimed to be due to the Plaintiff(s) by the complaint in this action is not due and owing for the following reasons: . . . OR THE PLAINTIFF(S) IS/ARE NOT ENTITLED TO POSSESSION OF the personal property claimed by the Plaintiff(s) should not be ordered to be turned over AND THE DEFENDANT(S) IS/ARE ENTITLED TO RETAIN POSSESSION for the following reasons: . . .
Revised by the Court, En Banc, December 5, 1996, effective July 1, 1997.

Colorado Rules of Professional Conduct
C.R.C.P. 3.8. Special Responsibilities of a Prosecutor
Appendix to Chapters 18 to 20.
Amended and Adopted

C.R.C.P. 3.8. Special Responsibilities of a Prosecu-tor is amended as follows:
(a) through (e) [No change]
(f) not subpoena a lawyer in a grand jury or other criminal proceeding to present evidence about a past or present client unless:
(1) the prosecutor reasonably believes:
(i) the information sought is not protected from disclosure by any applicable privilege;
(ii) the evidence sought is essential to the successful completion of an ongoing investigation or prosecution; AND
(iii) there is no other feasible alternative to obtain the information.; and
(2) the prosecutor obtains prior judicial approval after an opportunity for an adversarial proceeding.

COMMENT

[1] A prosecutor has the responsibility of a minister of justice and not simply that of an advocate. This responsibility carries with it specific obligations to see that the defendant is accorded procedural justice and that guilt is decided upon the basis of sufficient evidence. Precisely how far the prosecutor is required to go in this direction is a matter of debate and varies in different jurisdictions. Many jurisdictions have adopted the ABA Standards of Criminal Justice Relating to Prosecution Function, which in turn are the product of prolonged and careful deliberation by lawyers experienced in both criminal prosecution and defense. See also Rule 3.3(d), governing ex parte proceedings, among which grand jury proceedings are included. Applicable law may require other measures by the prosecutor and knowing disregard of those obligations or a systematic abuse of prosecutorial discretion could constitute a violation of Rule 8.4.
Amended and Adopted by the Court, En Banc, February 19, 1997, effective immediately.

By the Court:

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

U.S. District Court for the District of Colorado

Order Amending Local Rule 83.5 (Bar Admission) by Substituting a New Local Rule 83.5
(The Bar of the Court)

Pursuant to 28 U.S.C. §§ 1654 and 2071 and Rule 83 of the Federal Rules of Civil Procedure and after publication and an opportunity for comment, it is now ORDERED that, effective April 7, 1997, D.C.COLO.LR 83.5 (BAR ADMISSION) is amended by substituting the following new rule:

D.C.COLO.LR 83.5
THE BAR OF THE COURT

A. Applicant Information. An applicant for admission to the bar of this court must be a person of good moral character licensed by the highest court of a state, federal territory or the District of Columbia where a written examination was required for admission and be a member of the bar in good standing in all courts and jurisdictions where he or she has been admitted. Each applicant for admission shall complete an approved form provided by the clerk. Each applicant shall pay to the clerk of court such fee as is prescribed by General Order of Court.
B. Entry of Appearance. An attorney’s entry of appearance by signing a pleading, motion, or other paper does not constitute entry of appearance by that attorney’s firm.
C. Consent to Jurisdiction; Familiarity with Local Rules. An attorney who applies for admission to the bar of this court: (1) consents to this court’s exercise of disciplinary jurisdiction over any alleged misconduct; and (2) certifies familiarity with the local rules of this court.
D. Withdrawal of Appearance. An attorney who has appeared in a case may seek to withdraw on motion showing good cause. Withdrawal shall be effective only on court order entered after service of the notice of withdrawal on all counsel of record and on the withdrawing attorney’s client. A motion to withdraw must specify the reasons for withdrawal unless that would violate the rules of professional conduct. Notice to the attorney’s client must include the warning that the client personally is responsible for complying with all court orders and time limitations established by any applicable rules. Where the withdrawing attorney’s client is a corporation, partnership, or other legal entity, the notice shall state that such entity cannot appear without counsel admitted to practice before this court, and absent prompt appearance of substitute counsel, pleadings, motions and other papers may be stricken, and default judgment or other sanctions may be imposed against the entity.
E. Appearance in Criminal Cases. An attorney appearing for a defendant in a criminal case shall file promptly a written entry of appearance and serve a copy on the United States Attorney.
F. Member in Good Standing. An attorney admitted to this bar must remain in good standing in all courts where admitted. No attorney may practice before the bar of this court or continue to be an attorney of record in any pending case who is under suspension for any period or has been disbarred by any court where previously admitted. In the event a member of the bar of this court has been formally disciplined by any court, it is the duty of that attorney to give immediate written notice to the clerk of this court of the date and terms of discipline, the name and address of the court imposing the discipline and the date of that court’s action. Failure to provide notice or to cease practicing before the bar of this court as required by this subsection are themselves separate causes for disciplinary action. Application for Reinstatement following suspension or disbarment under this rule shall be made in accordance with the terms of D.C.COLO.LR 83.6(N).
G. Relief from Rule of Good Standing. It is presumed that discipline by another court against a member of this court’s bar is appropriate. In order to obtain relief, the attorney so disciplined has the burden to establish, by clear and convincing evidence, that: (1) the procedure resulting in discipline by the court was so lacking in notice or opportunity to be heard as to deny due process; or (2) application of D.C.COLO.LR. 83.5(F) would result in grave injustice; or (3) the kind of misconduct established has been held by this court to warrant substantially less severe discipline. Applications under this subsection shall be filed with or referred to the Committee on Conduct which shall proceed in accordance with the provisions of D.C.COLO. LR 83.6(D).

Dated this 6th day of March, 1997, at Denver, Colorado.

By the Court:

Richard P. Matsch,
Chief Judge


© 1997 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=1997.


Back