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TCL > September 2003 Issue > Court Business

The Colorado Lawyer
September 2003
Vol. 32, No. 9 [Page  141]

© 2003 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved.

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From the Courts
Court Business

Court Business

Colorado Supreme Court Rules Committee

Rule Change #2003(11)
The Colorado Rules of Professional Conduct
Appendix to Chapters 18 to 20
Rule 8.3. Reporting Professional Misconduct
Amended and Adopted

Rule 8.3. Reporting Professional Misconduct
(a) [No Change]
(b) [No Change]
(c) This Rule does not require disclosure of information otherwise protected by Rule 1.6 or information gained by a lawyer or judge while serving as a member of a lawyers’ peer assistance program that has been approved by the Colorado Supreme Court initially or upon renewal, to the extent that such information would be confidential if it were communicated subject to the attorney-client privilege.

Chapter 20
Colorado Rules of Procedure Regarding Attorney Discipline and Disability
Proceedings, Colorado Attorneys’ Fund for Client Protection, and
Mandatory Continuing Legal Education and Judicial Education

 

Rule 251.34. Advisory Committee
(a) Advisory Committee. [No Change]
(1)–(4) [No Change]
(b) Powers and Duties of the Advisory Committee. [No Change]
(1)–(8) [No Change]
(9) Select one or more health assistance programs as designated providers.
To be eligible for designation by the Advisory Committee, an attorney’s health assistance program shall provide for the education of attorneys with respect to the recognition and prevention of physical, emotional, and psychological problems and provide for intervention when necessary; offer assistance to an
attorney in identifying physical, emotional, or psychological problems; evaluate the extent of physical, emotional, or psychological problems and refer the attorney for appropriate treatment; monitor the status of an attorney who has been referred for treatment; provide counseling and support for the attorney referred for treatment; agree to receive referrals from the Advisory Committee or the Regulation Counsel; and agree to make their services available to all active licensed Colorado attorneys.
Nothing in this section or section 9.5 shall be construed to create any liability on the Advisory Committee or the Supreme Court for the actions of the Advisory Committee in funding assistance programs, and no civil action may be brought or maintained against the committee or the Supreme Court for an injury alleged to have been the result of the activities of any committee-selected assistance program or court approved lawyers’ peer assistance program, or the result of an act or omission of an attorney participating in or referred by a committee-selected assistance program.
(9.5) Make recommendations concerning approval of lawyers’ peer assistance program.
A. Any lawyers’ peer assistance program that wishes to provide services to Colorado lawyers and have protection from the reporting requirements of Colo. RPC 8.3 must be approved by the Colorado Supreme Court. To request such approval, a description of the program must be submitted to the Advisory Committee who shall then review the program and make a recommendation to the Colorado Supreme Court as to approval.
B. The description shall contain the following information:
i.  The type of organization, e.g., corporation, limited liability company, etc.;
ii. The mission statement for the program;
iii. The funding for the program;
iv. A list of the volunteers and/or paid employees, together with their qualifications and backgrounds, working for or together with the program; and,
v. An explanation of the type and frequency of training for the volunteers and/or paid employees.
C. Approval of a lawyer peer assistance program is for a period of two years subject to revocation at any time by the Colorado Supreme Court. In order to be reapproved, the program must file a request for renewal with the Clerk of the Colorado Supreme Court, containing the information listed in subparagraph B, and explain any changes that occurred in the program since its initial approval by the Colorado Supreme Court. The Clerk shall then forward the request for renewal to the Advisory Committee for recommendations to the Colorado Supreme Court. Unless renewed by the Colorado Supreme Court at the conclusion of the two years, the program shall lose its approved status.
(10) [No Change]
Amended and Adopted by the Court, En Banc, June 19, 2003, effective July 1, 2003.

By the Court:


Nathan B. Coats
Justice, Colorado Supreme Court
Michael L. Bender
Justice, Colorado Supreme Court

 

Rule Change 2003(12)
Chapter 27
The Colorado Rules of Probate Procedure
Amended and Adopted

Rule 2. Definitions
As used in these rules, unless the context otherwise requires:
(1) “Documents” means any petition, or application, inventory, claim, accounting, notice or demand for notice, motion, and any other writing which is filed with the court.
(2) “Fiduciary” means any personal representative, guardian, conservator, trustee, and special administrator.
(3) “Accounting” means any written statement that substantially conforms to CPC Form 43 for decedents’ estates and guardianships, CPC Form 29-CR for conservatorships, or to the 1984 version of the Uniform Fiduciary Accounting Principles and accompanying Model Account Formats as recommended by the Committee on National Fiduciary Accounting standards.
(4) “Code” means the “Colorado Probate Code,” sections 15-10-101 et seq., C.R.S., as amended.

Rule 30.1. Conservatorship—Closing
Unless otherwise ordered by the court, a petition to terminate a conservatorship shall be accompanied by a final conservator’s report and proposed schedule of distribution. The protected person, if then living, and all other interested persons, if any, shall be given notice of the hearing on the petition.

Rule 31. Accountings
A fiduciary accounting shall contain sufficient information to put the interested parties on notice as to all significant transactions affecting administration during the accounting period.
(a) Any accounting filed shall show with reasonable detail the receipts and disbursements for the period covered by the accounting, shall list the assets remaining at the end of the period, and shall describe all other significant transactions affecting administration during the accounting period. Accountings shall be typed or prepared by automated data processing. In any specific case, for good cause shown, the court may require the fiduciary to produce such vouchers or other supporting evidence of payment as the court may deem sufficient.
(b) Accountings that substantially conform to CPC Form 43 for decedent’s estates and guardianships, CPC Form 29-CR for conservatorships, or to the 1984 version of the Uniform Fiduciary Accounting Principles and accompanying Model Account Formats as recommended by the Committee on National Fiduciary Accounting standards shall be considered acceptable as to both content and format for purposes of this Rule.
(c) Notice of hearing of a petition for approval of an accounting shall be given as required by statute if approval of final accounting is requested, and shall be given as ordered by the court if approval of an interim accounting is requested.
Amended and Adopted by the Court, En Banc, June 25, 2003, effective July 1, 2003.

By the Court:

Nancy E. Rice
Justice, Colorado Supreme Court

 

Rule Change 2003(13)
The Colorado Rules of Probate Procedure
Appendix A to Chapter 27
Forms Amended and Adopted

Forms:
CPC 2-F Notice of Filing By Guardian or Conservator
CPC 15-A Application for Informal Appointment of Special Administrator
CPC 15-P Petition for Formal Appointment of Special Administrator
CPC 29-CR Conservator’s Report
CPC 29-FP Financial Plan
CPC 30-A Order Appointing Conservator (Adult)
CPC 30-M Order Appointing Conservator (Minor)
CPC 49 Petition for Termination of Conservatorship
CPC 51 Order Terminating Conservatorhip
CPC 52 Waiver of Hearing, Waiver of Accountings, Waiver of Audit, and Approval of Schedule of Distribution
Forms Amended and Adopted by the Court, En Banc, June 25, 2003, effective July 1, 2003.

By the Court:

Nancy E. Rice
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: http://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, including forms, contact the Court Services Division, Office of the State Court Administrator, 1301 Pennsylvania St., #300, Denver, CO 80203.

Chief Justice Directive 03-01
Supreme Court of Colorado
Office of the Chief Justice
Suspension of Colorado Judicial System Personnel Rule 13
Affecting Anniversary Pay Step Advancements and
Salary Increases in Fiscal Year 2003–04

During the 2003 legislative session, the Colorado General Assembly enacted, and the Governor signed, Senate Bill 03-273 as a budget deficit reduction measure. The bill eliminates funding for annual salary increases for State of Colorado employees during the 2003–04 fiscal year, commencing July 1, 2003. Due to this lack of funding, anniversary pay step advancements and corresponding salary increases will not be granted to Colorado Judicial Department employees in FY 2003–04. CJSP Rule 13.B is hereby suspended effective July 1, 2003 through June 30, 2004.
Signed and dated June 23, 2003.

Approved by the Chief Justice

Mary J. Mullarkey

 

Chief Justice Directive 03-02
Supreme Court of Colorado
Office of the Chief Justice
Authorization of New Procedure for Motions to Withdraw
In Civil (Including Domestic) Cases

 

WHEREAS, Article VI, Section 5 of the Colorado Constitution designates the Chief Justice of the Supreme Court as the executive head of the judicial system. As such, the Chief Justice has the responsibility to promote the effective and efficient operation of the judicial system.

WHEREAS, under the current budgetary constraints, including reductions in clerk staff, the judicial system has been forced to maximize limited resources and streamline court procedures wherever feasible.

WHEREAS, attorney motions to withdraw filed at the conclusion of proceedings in civil cases, especially domestic cases, represent a high volume of paperwork for clerks and judicial officers to process.

WHEREAS, Rule 121. Section 1.1 of the Colorado Rules of Civil Procedure sets forth the requirements for Entry of Appearance and Withdrawal.

WHEREAS, a simplified notice procedure for the withdrawal of counsel at the conclusion of all matters in civil cases, domestic cases, and post decree matters, including withdrawal motions filed by the Department of Social Services which also request a change of payee due to the Department’s withdrawal would enhance each of these goals.

WHEREAS, the Supreme Court has approved this procedure.

NOW THEREFORE, the Chief Justice of the Supreme Court Orders as a general policy of this Court, until such time as a permanent rule change can be presented to the Supreme Court, counsel in all civil cases, including domestic cases, which are concluded (meaning all related orders have been submitted and entered by the court) shall file withdrawals pursuant to the attached notice form. Clerks are authorized to enter the withdrawals subject to a 15-day objection. If an objection is filed, the matter shall be assigned to the appropriate judicial officer for consideration.

IT IS FURTHER ORDERED, that withdrawals filed prior to the conclusion of all pending matters in a civil case, shall be filed pursuant to the existing Rule 121. Section 1-1.

IT IS FURTHER ORDERED, that the clerks of all state courts shall post and distribute copies of this Order, and district court judges and magistrates are authorized to give notice of this Order to parties and counsel.

DATED this 27th day of June 2003.

Approved by the Chief Justice:

Mary J. Mullarkey

© 2003 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=2003.


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