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TCL > September 2003 Issue > Colorado Bar Association 2002-2003 Annual Report

The Colorado Lawyer
September 2003
Vol. 32, No. 9 [Page  34]

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

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Features

Colorado Bar Association 2002-2003 Annual Report

REPORT FROM THE
2002–2003 PRESIDENT

It was a very active and productive year for the Colorado Bar Association. I have been privileged to be the President of the CBA during a challenging time, with a volatile economy, significant budgetary limitations on the judiciary, and sometimes hostile legislative efforts directed toward the legal profession. Much of the internal efforts of the officers and staff of the CBA was directed toward streamlining and clarifying the structure and governance of the Association, as well as improvement of services to our members.

Governance

• The CBA Bylaws were modified to modernize the structure of the Association and add another district to provide for better representation of the population of the profession throughout the state.

• The CBA President’s visits to local bar associations were adjusted during this year to schedule substantive meetings within each district of the CBA, with complimentary continuing legal education sessions on various important topics, including ethics, law office management, and technology. The attendance at these visits was very favorable, and the outreach of the CBA to its members was improved considerably.

• The dues were raised for the first time in nine years. The dues increase will fill the CBA coffers for the next several years, and allow the Bar to maintain and improve the quality of its programs and services for the foreseeable future.

Legal Research

During the year, we studied a flurry of alternative programs to provide legal research technology to the members online through the CBA website, http://www.cobar.org. These services are expensive but could provide all CBA members access to computer research tools to improve their practices. Upon the completion of a survey of the members and after additional research, the Executive Council will determine if it makes sense to go forward with the project.

Professional Reform Initiative

The Professional Reform Initiative ("PRI"), chaired by CBA Past President Dale Harris, continued its work through this year. The PRI was established to study the factors that cause lawyers to lie and to address those factors. Members of the PRI attended the district meetings with CBA members to make a presentation, followed by an open forum soliciting comments and observations from members concerning these issues. The work of the participants in the PRI has received national attention, and the program is recognized as one of the most productive and informative of its kind.

Support of the Judiciary

This year was particularly difficult for the Colorado judiciary. The loss of funding from the legislature created a crisis in our court system. Much of the work of the CBA officers and its Legislative Policy Committee was directed toward assisting the Judicial Branch to obtain the funding necessary to maintain its services to the public. The Association also arranged for CBA– CLE programs to be available to judges for little or no charge, to assist with judicial training.

Access to Justice Commission

The CBA provided support to the statewide Access to Justice Commission, which was established by the Colorado Supreme Court under the guidance of Justice Gregory Hobbs and Chair David Butler. The Commission’s purpose is to coordinate, expand, and improve many of the local access to justice programs and to provide judicial support for access to justice.

Support of the Law Schools

The practicing Bar has a significant role in the future of the law schools and the professional careers of their students. The CBA Legal Education and Admissions Committee, through a subcommittee chaired by Hon. David Juarez, began a study of various Loan Repayment Assistance Programs ("LRAPs"). LRAPs are designed to assist graduates of law schools who are willing to commit to public interest practice in government, non-profit organizations, and legal services for the poor and under-represented for the first few years of their careers.

Reciprocal Admission With Our Neighbors

The Presidents and Executive Directors of the Colorado, New Mexico, Arizona, and Utah Bars met and communicated throughout the year concerning a cooperative agreement among those states to provide for reciprocal admission. Reciprocal admission would be permitted for any member of the Bar in good standing in any one of those states and would facilitate multi-jurisdictional practice for lawyers in the four states without the requirement of passing a local bar examination. These discussions are continuing.

Conclusion

I am proud to report that the CBA enjoys the most active member participation in the most current and complex projects of all of the Bar Association activities I have observed. The CBA also enjoys the reputation of being a national leader in studying and resolving the relevant issues in our profession. The efforts undertaken in the past year to assist our court system to maintain and improve access to justice and to study the pressures on our profession are national models for similar programs in other states. Thank you for the privilege of serving as CBA President.

—John Moye

 

REPORT FROM THE
EXECUTIVE DIRECTOR

Focus. There is a concept in photography that deals with "depth of field." Loosely, this term refers to that part of the photograph that will be in focus when the print is developed. The depth of field is determined by the lens aperture or opening. I’ve used this concept to describe the attention span of teenagers; that is, a teenager’s particular depth of field runs from about twelve hours ago to about ten minutes into the future.

I wonder whether many lawyers these days don’t have a compressed—or at least narrowed—depth of field as well. The gadgets have got us there: cell phones, laptops, Palms,™ e-mail alerts, litigation software, and paralegal reminders. It seems we are so dependent on electronic planners and "ticklers" that no one takes the time to actually sit down and plan our immediate, much less our long-term, futures.

"So what?" we might ask. Well, I think there is a benefit to contemplative time. Weighing pros and cons, alternative options, and competing interests may result in a more considered decision. As long as we can plug in the deadline to remind ourselves that we have to do something, go somewhere, or get something filed, we may not think quite as hard about what it is or why it was necessary in the first place.

One of the things that most impressed me about an overall impressive documentary I saw a few weeks ago—"Winged Migration"—was the single-mindedness of these migrating birds (go see this wonderful movie!). The birds were so focused on getting from here to there, staring straight ahead, beating those wings relentlessly, following an atavistic siren heard only by their species.

But, is that the model we humans want to emulate? It’s easy for me sitting in the Bar office to look askance at the treadmill that I see so many lawyers on. I know there are realities of deadlines, clients, and opposing lawyers. On the other hand, take a look at some of the stories we try to tell about so many engaged and giving lawyers who have hobbies, charities, and interests that help those in our community. If for no other reason than one’s health (not a bad reason at that), occasionally turn off that cell, power down the Palm,™ and get over to that school, baseball diamond, United Way meeting, or the Legal Aid Foundation. Those things do help us expand and enrich the focus of our lives.

Maybe it’s not so bad to be out of focus sometimes, or perhaps just not so focused. Anna Quinlan, in A Short Guide to a Happy Life, reminds us we shouldn’t confuse our life and our work—and that the second is only a part of the first. That old saw about people at the end of their lives never saying they wished they had worked more is true. In our rush to work, sometimes we cut out family time and later wish we had spent quantity time with our spouses and kids. Sometimes, we cut out exercise and taking care of the body we hope will be healthy through the years. Even though we might be able to see the mountains from our windows, we may go a summer or a year without taking a hike, seeing a fox or deer in the wild, or doing a quiet snowshoe in this incredible state.

Put some balance in your life. It’s an effort, a challenge, but perhaps the most important thing you can do.

—Chuck Turner

 

GOVERNANCE HIGHLIGHTS

The CBA Board of Governors ("BOG") is composed of 142 representatives from local bar associations, minority and specialty bars, sections and committees, as well as the Judical and Legislative Branches. The BOG met two times during the last administrative year. Additionally, the Executive Council, composed of twenty-one members, met on five occasions to conduct business between BOG meetings. In brief, this is what the BOG did:

• Approved a dues increase to assist in the ongoing expenses of running the Association. It was the first dues increase in nine years.

• Approved a selection of legislative bills, proposed by the Trust and Estate Section, to be introduced in the 2003 legislative session

• Authorized the Executive Council to make the final decision on whether to approve and fund a Bar-wide electronic legal research member benefit program

• Approved a number of substantive changes to the organization’s Bylaws, including the composition of the Executive Council, selection of the Nominating Committee, selection method for choosing the CBA President and Vice-Presidents, and the make-up of the Bar’s "districts"

• Voted to support Referendum A, which would exempt district attorneys from term limits

• Allocated $27,000 from the risk management fund to Colorado Lawyers Health Program, to cover operating expenses

• Authorized the Multi-Disciplinary Practice ("MDP") Task Force to solicit input on proposed changes to the Rules of Professional Conduct that would accommodate MDPs

• Approved proposed changes to C.R.P.C. 5.5, addressing the licensing of out-of-state lawyers practicing in Colorado

• Amended bylaws and the number of Executive Council members and meetings.

LEGISLATIVE HIGHLIGHTS

For the second straight year, the legislature was forced to deal with revenue shortfalls that required record cutbacks. A struggling economy, combined with constitutional taxing and spending limitations, erupted into a "perfect storm" that made the budget season at the legislature both long and painful. By the time the budget was completed, more than $900 million was axed from the previous year’s appropriation.

This year was the first of the two regular sessions of the 64th General Assembly, and there was something for everyone: pushing, shoving, name-calling, and even an appeal to the Colorado Supreme Court asking for a constitutional call on legislation was pressed through in the final three days of the session. The Constitution specifies that a bill can get through the process in as short as three days; S.B. 352, concerning congressional redistricting, verified this. It was an event that many of the veterans on "the Hill" had not seen before.

 

Michael Valdez visits local bars
to report on new legislation.
Call (303) 860-1115 to schedule.

 

The Judicial Branch seemed to be hit disproportionately hard with the budget cuts. Because 80 percent of the Judicial Department’s budget is for personnel, the budget reduction forced early closings of courts, reductions in the work force, and a continued hiring freeze. As a measure to help control the budget slashes, the Joint Budget Committee sponsored S.B. 186, concerning an increase in fees collected by the Judicial Department, and making "an appropriation in connection therewith." The act will produce revenue for the Judicial Department to help offset slashes to the judicial budget made neccesary by the recent shortfall of state revenue. The act increases fees collected by the Judicial Department, establishes the "judicial stabilization cash fund," and directs that the increased fees be deposited into the new fund to pay the expenses of the state’s trial courts. The act also increases the probation supervision fee and adjusts numerous judicial fees, including civil, small claims, domestic relations, probate, juvenile, water court, and probation supervision. The increase in fees is expected to generate $9.3 million in cash funds revenue on an annual basis. The act became law on March 18, 2003.

The CBA was able to successfully navigate bills it sponsored through the process. Additionally, it was successful in helping to get other bills on the 2004 "things-to-do" list.

In keeping with tradition, the CBA Trust and Estate Section brought forth legislation concerning estate planning that will assist practitioners and the public in probate and related issues. The new act, S.B. 310, amends the Uniform Principal and Trust Act, which was adopted in 2000 in Colorado. The changes allow a trust to modify the distribution of income to a unitrust amount. This will help determine income by using a formula that in most cases is readily ascertainable by all parties concerned. The act eliminates some of the worries that beneficiaries have when acting under the power to adjust. Additionally, the section modified the statutes to extend the duration of an emergency guardian’s authority from thirty to sixty days for a minor; it now runs parallel to the adult statute. Finally, provisions of the Uniform Non-Probate Transfers on Death Act are available to a bank or a trust company now that the definitions of "registering entity" and "register" have been amended. This clarifies that a bank or a trust company may enter into a contract with the investment owner to give effect to that owner’s wishes, with regard to the disposition of securities at death. All of these changes became effective May 22, 2003.

The Business Law Section was involved with a bill that set the record for number of pages, at least in this legislative session. Coming in at 282 pages (depending on your Web browser), H.B. 1377, "Business Entities and Title 7," will become effective on July 1, 2004. This gives the Section time to comb through the act and fix any problems in January 2004, when the legislature goes back to work. The act simplifies filing and entity formation requirements to facilitate the Secretary of State’s "Phoenix Project." The Phoenix Project was undertaken pursuant to H.B. 02-1147. It directed the Secretary of State to ensure, at the earliest practicable time and subject to part 3 for filing, that delivery of a document may be accomplished electronically. The new act adds centralized statutory rules regarding reinstatement of dissolved entities, registered agents, and foreign entities.

Colorado Revised Statutes, Title 7, has grown over the past half-century. It properly provides the variety of legal entities that business and nonprofit entities need in a modern society. However, its haphazard growth means there are many provisions in its various articles that serve similar functions but unnecessarily differ in the details. H.B. 1377 standardizes the common provisions, centralizing many of them in Article 90. That standardization will greatly simplify the Phoenix Project’s task of enabling online transactions with the Secretary of State. It will also simplify life for those who organize and operate the variety of legal entities provided for in the statutes. Finally, H.B. 1377 makes conforming changes and standardizes phraseology throughout C.R.S. Title 7.

As a special bonus, the CBA Trust and Estate Section brought an additional bill this year. Several years in the making, H.B. 1312, concerning the "Authority to Direct the Disposition of a Person’s Last Remains," gives people an effective and enforceable mechanism to establish a declarant’s right to determine the disposition of his or her remains after death. Additionally, the act provides the following:

1) Opportunity to provide guidance on the declarant’s request regarding any ceremony after the declarant’s death;

2) Protection to third parties taking action consistent with the terms of a declaration;

3) For those who die without completing the declaration, the act establishes a list of priorities among those people who have the right to make the disposition and ceremony decisions for the decedent; and

4) Provides a sample declaration instrument in the act that has the potential for becoming the standard, easily recognizable form used in estate planning and funeral industry professionals in Colorado. (The statutory form is not the single method that can be utilized by individuals who wish to leave written instructions on this issue.)

The act is effective on August 5, 2003, unless a referendum petition is filed.

After the final numbers were tabulated, the legislature introduced 937 bills, killing 331 and passing 497. The number of bills introduced was up from 714 the previous year. The Governor signed 433 bills into law and vetoed or partially vetoed the remaining eleven. Eight bills became law without the Governor’s signature.

PUBLIC AND LEGAL
SERVICES DEPARTMENT

The CBA Department of Public and Legal Services ("PLS") serves as liaison for the twenty-seven local bar associations, specialty and minority bars, legal services, and pro bono projects around the state. The PLS Department staffs the CBA Pro Bono Task Force, the CBA Availability of Legal Services Committee, the Patent Trademark & Copyright Section, and the Statewide Access to Justice Commission.

A major change was made in the CBA President’s visits. Instead of visiting twenty-seven local bars, CBA President John Moye visited the seven CBA districts. Each visit was started with a three-credit CLE program and followed by a reception.

The annual Pro Bono Coordinators Conference was held May 1–2, 2002, in Steamboat Springs. Jo Ann Viola Salazar presented "Report on Statewide Pro Bono Issues"; Jim Rooney, Executive Director of the Colorado Trust Account Foundation ("COLTAF") and the Legal Aid Foundation spoke on "COLTAF and Other Methods of Fundraising"; Molly French, of the Denver office of the Colorado Legal Services, presented "Access to Legal Aid via Technology"; and Jane Gill Kellenberger, from the Boulder office of the Colorado Legal Services, spoke on "How to Maintain Your Cool in Times like These."

Pro bono offices were visited during the year to offer training and technical assistance. The "Directory of Legal Services and Pro Bono Offices in Colorado" continues to be published on the CBA website, http://www.cobar.org.

The PLS Department sends monthly informational mailings to local bars, maintains bar leadership rosters, and sends leadership materials to new Bar leaders electronically and by U.S. mail.

COMMUNICATIONS
DEPARTMENT

Reporters ask the strangest things. Can you get me a pornography lawyer? When is it okay for an elected body to have an unannounced coffee-shop meeting? What do you mean we don’t own our water? Sometimes, they call the Bar office, because they have no place to turn for legal information they need. Occasionally, they want a quick quote from a lawyer.

What the CBA Communications Department (Diane Hartman, Karen Bries, and Lindsay Packard) does is try to help—the Department’s motto is "get correct legal information into the newspapers." Because we aren’t attorneys, we turn to you, the members of the CBA. If the reporter wants information in a certain field, we’ll often send him/her to the chair of the section that specializes in that area of the law. If that doesn’t work, we cast around for attorneys who have been helpful in the past.

We try to do more than that. How often do you see a critical editorial, slamming lawyers or the judicial system? Do you cringe at a story that was written with bad legal information? We are forming a list of attorneys willing to respond to these types of articles—some members who would write a quick letter to the editor or "op-ed" piece, compose a gentle but educational e-mail, or make a phone call to a reporter. While we often e-mail or call reporters and editors, we think it’s crucial that our members (did we say we’re not attorneys?) make an effort to watch what’s going on in the media and make corrections if need be. We’ll make a wild generalization and say that reporters will be more careful if they know people are watching them—it’s just human nature. We want reporters to know we’re reading their stories and that we care about what they say and that they get it right. We hope you’ll help us. To get on our list, e-mail Diane Hartman at dianeh@cobar.org.

We also try to spend our time on your behalf in some of these activities: editing and marketing CBA brochures; producing the CBA Senior Law Handbook for Senior Law Day; overseeing some of the sections and committees; lending a hand in the selection of "Six of the Greatest"—outstanding lawyers in Colorado history—for the July issue of The Colorado Lawyer; selecting the annual Award of Merit and Sue Burch Award recipients; nominating members for national awards; staging debates such as the one for Attorney General candidates last year; offering "Working with the Media" workshops to all interested; writing the "Bar News" column in The Colorado Lawyer that recognizes the good things your Bar Association does; authoring the COBARlink listserv that gets e-mailed to all members; going on all CBA President’s visits to talk to members and to set up media interviews for the President; and sending out the "Legal Lines" newspaper column twice each month for the one hundred newspapers that have asked to receive it. And, as they say, much, much more.

CBA LAW PRACTICE MANAGEMENT AND RISK MANAGEMENT

The Law Practice Management ("LPM") Department maintains an extensive library on specific law practice management, technology, marketing, and finance topics. These resources are now posted on the CBA website, http://www.cobar.org.

To make it easier for members to access the resources listed above, the LPM Department has categorized and posted information on its website. Resources are added weekly and suggestions are welcome. To find the LPM resources, go to http:// www.cobar.org, click on "Member Resources," then "Practice Mgmt."

All American Bar Association ("ABA") publications are available to CBA members at a 20 percent discount, including titles the ABA does not keep in stock. A list of all publications in stock, as well as discounted prices, is on the CBA website.

The lending library is available to members to borrow books on such topics as alternative billing methods, opening your own practice, the Internet, compensation plans, marketing, and other topics.

The Law Practice Management Department continues to sponsor discounted hands-on software training and LEXIS™ training classes in the Bar’s own CBA/LEXIS™ Technology Center. Among class topics are MS Word, Time Matters, Billing Matters, Timeslips, Excel, Access, Outlook, and more. Custom classes for law firms are also available. The CBA offers members special prices on Colorado case and statutory law on CD-ROM.

The LPM Department provides information about legal-specific computer software and technology, legal staff employment, human resource issues, office equipment, and file retention. A call to the hotline, (303) 824-5320 in Denver, will answer many of your questions related to these matters.

The CBA sponsors a wide range of live presentations and continuing legal education programs on law practice management topics and using the Internet in your office. Upon request, presentations can be created for local bar associations and other groups.

The LPM Department has many publications, including ABA publications, about risk management. Members can buy these books and pamphlets at a discount. The malpractice prevention newsletter Whoops! is produced quarterly by the Lawyer’s Professional Liability Committee and is published in The Colorado Lawyer, as well as posted on the CBA website. The CBA also offers live, CLE-accredited programs on malpractice prevention.

INTERNET/TECHNOLOGY
DEPARTMENT

The Year of Enhancement

This year has been the "enhancement" year for the CBA Internet/Technology ("I/T") Department. The previous year brought members a brand new database-driven website. Major updates included the online Web editor that allows members to log on to the site and edit each committee’s or section’s content, or add themselves to the "Find A Lawyer" site. Presently, all active attorney members have a standard listing. A new, enhanced listing will include more information, such as biographical information, resume, photos, additional addresses, and counties.

This year, the I/T Department updated the homepage of http://www.cobar.org to give it a more modern and dynamic look. Because the staff is always adding information, meeting notices, and great CLE events to the Bar Association’s database, this information gets fed into the site, which means the site will always be current with timely information. Visit http:// www.cobar.org more often to ensure you don’t miss out! We’ve also added more section, committee, and local bar association websites.

The I/T Department continues to upgrade and maintain the CBA’s internal network. With the addition of adding "WiFi" to the CBA’s network, our members can access the Internet with their WiFi-enabled laptops and handhelds when they are here at the CBA or CLE offices for meetings and seminars.

The I/T Department continues to bring CLE-accredited presentations on technology and Internet-related issues to local bar associations, law firms, and other legal groups around the state. Presentations include "An Update: Websites, The Internet, and other New Technologies"; "Using the Internet for Legal Research"; and "Selecting a Handheld," among others.

By year end, we will have become e-commerce-enabled, which makes it easy to register for CLE seminars and luncheons, as well as purchase CLE publications. By next year, members will have the option of paying dues online. Over the years, we’ve learned that a website is never complete and that development continues to bring improvements to http://www.cobar.org.

The CBA Internet Cafe, courtesy of the I/T
Department, is up and running at Section
Symposia around the state.

 

Available on http://www.cobar.org:

• Colorado Supreme Court and Court of Appeals decisions are available every Monday and Thursday, respectively, just hours after they are announced. Archives of the decisions go back to 1996. A search engine makes it possible to run a full-text search of the decisions. Join the Opinions listserv and receive an e-mail with the case captions, summaries of the decisions, and links to the full texts of the decisions. If you really like opinions, try the fully-searchable Formal Ethics Opinions by the Ethics Committee.

• Articles in The Colorado Lawyer ("TCL") publication are accessible online as far back as 1997. A search engine allows you to search just the TCL site.

• The "Find A Lawyer" online member directory will do a basic search by practice area, city, state, county, and last name. The "Advanced Search" will search records by attorney registration number, other languages spoken, zip code, country, first name, firm/organization name, or other state admitted to practice. In order to personalize their listings, members must log onto the site and select their areas of practice, other languages spoken, other states admitted, and e-mail and website addresses. Members can log on and make changes to their directory listing at any time of day or night.

• Go to http://www.cobar.org/listservs.htm to sign up for one or more listserv! For example, if you are a member of a section or committee, find out if it has a listserv; or, if you are interested in becoming a judge, sign up for the Judicial Vacancies Listserv.

• Job listings are posted to the Diversity in the Legal Profession’s site. It’s possible to view listings that are added daily or to post a position available in your firm. CBA members can sign up for the listserv and receive an e-mail notice for each new listing.

• The online calender makes it easy to keep your Bar Association events in order. The calendar is up-to-date, has meeting announcements, as well as detailed information about the event. You can search the calendar by city, area of law, date, and event title.

PUBLIC LEGAL EDUCATION
DEPARTMENT

More than seventy-five teams registered for the 2003 CBA High School Mock Trial Competition. Eighteen teams advanced to the state finals in Colorado Springs at the Fourth Judicial District Courthouse in March. Glenwood Springs and Boulder High Schools were in the championship round, with Glenwood Springs repeating as Colorado state champion and advancing to the National High School Mock Trial Championships in New Orleans, Louisiana. The Glenwood Springs team placed second in the national tournament. Over the past twelve years, Colorado teams have placed among the top ten finalists at the National High School Mock Trial Championship no fewer than seven times. Evergreen High School won the national championship in 1990.

Democracy education materials are being acquired to allow the Public Legal Education ("PLE") Department to serve as a resource to educators throughout Colorado. Mock trial materials, as well as hate speech and intolerance materials, are available for most grades. Other publications available from the PLE Department are: Survivor’s Guide; "So, You’re 18 Now . . . A Survival Guide for Young Adults"; and The Law in Colorado, which is the Colorado addendum to the high school Street Law practical law textbook.

The PLE Department and KUSA-TV celebrated the
tenth anniversary of the "LawLine 9" call-a-lawyer
project. Pictured left to right: Dave Ells, Jim Aab,
Sarah Wagner, Ida Escobedo,and Phil Theune.

 

MEMBERSHIP SERVICES DEPARTMENT

The clear cry from attorneys these days is "My life is so busy now, I don’t have enough time!" We hear the message and the CBA will continue to research and offer new time-saving tools. With the decline of the economy in the past few years, the Bar also works to find special programs to save money for members.

One of the new programs launched this year is the "Chase Preferred Mortgage" program ("Chase Program") for CBA members. The Chase Program offers a no-point loan option, free credit report, a $100 appraisal, and a 1/2 percent discount credit, which can be used to reduce your rate or closing costs, or both. This includes purchase, refinance, or new construction loans.

The CBA has partnered with Paychex, Inc., a national leading provider of payroll, human resource, and benefits outsourcing solutions. Paychex offers discounts for CBA members and it’s a great benefit for small and medium-sized firms. It saves our members time and makes it easy to do the payroll.

Another popular new member benefit has been the CBA Magazine Program. It saves 50 percent on the subscription rates on hundreds of the most popular magazines.

A great new tool for litigators is an Internet application called "Lawtoolbox.com." With discounts for CBA members, it offers online court dockets, deadline calculators, a forms library, and easy document assembly.

The CBA also provides networking for our members by geographic area and specialty area. The CBA President’s Visits, planned throughout the state in different cities, are combined with a three-credit CLE program, free only for CBA members.

The CBA also has expanded the employment listings on our website [http://www.cobar.org, click on "Member Resources" then "Employment] to provide job opportunities for our members. New listings are added regularly to the site.

THE COLORADO LAWYER

The Colorado Lawyer includes articles on broad areas of substantive law; specialty law columns in approximately twenty practice areas; and features and departments on law-related issues, reports, and programs. A few of the topics covered in fiscal year 2002–2003 were changes relating to public trustee foreclosures implemented by Senate Bill 161, the case for early ADR intervention, a primer on liquor license application hearings, new corporate governance requirements under the Sarbanes-Oxley Act and the stock exchanges, the U.N. Sale of Goods Convention, the designated broker, redefinition of the attorney-client relationship, medical information privacy under HIPAA, and problems arising in the representation of a fiduciary.

The theme issue, published in October 2002, was a highlight of the year. The theme was "Children and the Law," and encompassed numerous issues critical for lawyers who advocate for children. Some of the topics included: children as witnesses, parenting time in divorce, ethical issues for GALs representing children in dependency and neglect cases, and innovative practices in juvenile court. Several of these articles were republished by children’s advocacy organizations throughout the country.

Articles in 2002–2003 in the features section included reports of the CBA Professional Reform Initiative Task Force, Colorado Commission on Judicial Discipline, COLTAF, the Legal Aid Foundation, and the Attorney Regulation System. Several reports on the ABA House of Delegates also were published, dealing with multijurisdictional practice and strategic alliances and new ABA ethical rules of conduct. "Bar News," the section found at the front of each issue concerning CBA and other Bar-related events and notices, has added a "highlights" section that profiles bar members’ activities and interests outside the practice of law. Court-related information and features continue to represent a substantial portion of published material throughout the year, particularly court rules and appellate opinions. Also, reports from the Office of Regulation Counsel—Matters Resulting in Diversion and Private Admonition—appear four times per year.

The specialty law columns are a primary resource for practicing lawyers. These articles emphasize new changes in the law, legal pitfalls, and issues of which lawyers need to be aware to better practice law. During this 2002–2003 fiscal year, aside from regularly scheduled articles in such fields as estate and trust, real estate, business, family law, and intellectual property, The Colorado Lawyer added a quarterly column on juvenile law. Several departments rotate throughout the publication year. For example, The Colorado Lawyer publishes historical perspectives, which highlight interesting legal events in the past; short obituaries about CBA members who have recently passed away; information for lawyers written by judges; a new column written by law librarians on legal research; book reviews; issues relating to family violence; tips on legal writing; and law practice management and technology issues.

During the 2002–2003 fiscal year, the journal has made some changes to its infrastructure. The Colorado Lawyer Board of Editors, through a new CBA bylaw, has increased its numbers from nine to thirteen to better serve the needs of the editorial staff. Also, the schedule of meetings was changed from bimonthly to quarterly. Another change during this fiscal year is that the annual five-year article index was dropped, primarily due to the availability of searchable articles online and to save paper. Instead, a one-year index of titles and authors, which is concise and easy to follow, is now published each December.

Articles from The Colorado Lawyer can be found on the CBA website (http://www.cobar.org) from January 1997 to the current date. (Pre-1997 articles are listed in the annual five-year indices published each December prior to that date.) All of the materials on the website are fully searchable to CBA members. Classified advertising also can be accessed on the website.

Although full-text appellate opinions are provided in each standard issue of the journal, members are reminded that they may choose to receive The Colorado Lawyer with only summaries of the opinions. All appellate opinions are available online the day they are announced. To switch to the smaller version of the publication, members may contact the CBA Membership Department at (303) 860-1115 or by fax at (303) 894-0821, or fill out and return the form printed within the first eleven pages of each issue of the journal.

The Colorado Lawyer Board of Editors and editorial staff welcome suggestions and comments from readers. A list of Board members and staff, along with their contact information, can be found on the Table of Contents page in each issue and on The Colorado Lawyer portion of the CBA website.

 

CBA–CLE

CBA–CLE is the non-profit educational arm of the Colorado Bar Association. Designed to meet the needs of Colorado lawyers, CBA–CLE presents approximately seventy-five live programs each year on a wide variety of topic areas, in various locations throughout Colorado. Many of the programs are co-sponsored by the sections and standing committees of the CBA. Programs vary in length from half-day seminars to popular multi-day annual seminars, such as: the Litigation Institute; Business Law Institute; Employment Law Institute; SEC Conference; Intellectual Property Conference; Hanging Your Shingle Program; Solo/Small Firm Institute; Real Estate Symposium; Estate Planning Retreat; Ag Law Conference; and Family Law Institute. These programs attract several hundred attendees each year. Most are videotaped for replay at locations throughout the state.

 

CBA President John Moye (second from left) talks with
members during the El Paso County Bar Visit.

CBA–CLE also publishes more than twenty-five handbooks and practice manuals in various law practice specialties. These publications are authoritative because they are written by practicing attorneys and sitting judges, and they are edited and cite-checked by experienced legal editors. Our books are practitioner-oriented as well, and include essential forms, helpful checklists, organizational tabs, a subject index, tables of authorities, practice tips, and sample language to save you time and make your services more economical.

CBA–CLE has developed an enhanced electronic and Web presence, and is developing plans for an online distance education and searchable CLE information database. Please visit us at http://www.cobar.org/cle.

FAMILY VIOLENCE PROGRAM

History: In September 1996, CBA President Miles Cortez convened a task force, charging it with the responsibility of recommending to the Board of Governors ("BOG") how the CBA’s "resources and incomparable public spirit can be most productively applied" to stem the epidemic of family violence. After eight months of study, the task force presented a proposal to the BOG, recommending the creation of a Family Violence Program. The objectives of the program are:

• to provide education to attorneys, assistance to lawyers who are victims and perpetrators, and increase access to the legal system for victims of family violence;

• to monitor legislation;

• to work to improve how cases involving family violence are handled by the system;

• to implement pilot studies in the area of law and family violence.

In May 1997, the BOG enthusiastically authorized implementation of the program.

In 2002–2003, the Family Violence Program continued to bring the expertise and credibility of the CBA to the multi-disciplinary effort to address the unmet needs involving family violence in Colorado. There are several projects the Family Violence Program can count among its accomplishments.

Domestic Violence: Make It Your Business ("DV:MIYB") is a statewide project. It is offered to employers, employees, and attorneys. By offering training through a website and with a grassroots’ messaging campaign, DV:MIYB is helping employers, employees, and attorneys recognize and respond to domestic violence when it spills into the workplace.

Accomplishments in DV:MIYB include:

— Continued development of website: www.makeityour business.org

— Development of training curricula for managers, human resource/employee assistance professionals, and employees, attorneys, domestic violence service providers, threat assessment professionals, and commissioned and noncommissioned military officers

— More than sixty training programs throughout the state are scheduled or completed.

— Recruitment of major training partners from the business community: Colorado Department of Personnel and Administration, Mountain States Employers Council, and Pinnacol Assurance

— Recruitment of attorneys Greg Cairns (Hall and Evans), Betty Bechtel (Dufford Waldeck Milburn and Krohn), and Kathleen Lower (Otten, Johnson, Robinson, Neff, and Ragonetti), whose practices emphasize employment law, to speak to lawyers around the state

— Development of local projects in Aspen, Colorado Springs, Durango, Pueblo, and Steamboat Springs, and recruitment of training sponsors in Colorado towns and businesses

— Ongoing public relations campaign

— Ongoing evaluation of training, materials and messaging.

Kids and Courts Committee (Children’s Subcommittee): The Kids and Courts Committee’s mission is to investigate current promising practices, procedures, and policies in using child witnesses in court proceedings to ensure that children’s experiences in the court system are minimized. The information is geared toward the legal practitioner who needs some quick information and to those who want to explore an issue in more depth. The www.kids andcourts.org website will go live this fall.

Battered Immigrant Women: In April 2003, a sold-out program on advocacy for battered immigrant women and children was co-sponsored by the CBA’s Family Violence Program. The program was held at the CBA–CLE offices in Denver. This program provided two tracks: basic information and an advanced legal track. National experts from the NOW Legal Education Defense Fund, National Lawyers Guild Immigration Project, and local immigration attorneys provided the instruction. The Family Violence Program paid for the trainings to be videotaped, with tapes available for purchase.

• Legislative Luncheon: The Family Violence Program co-sponsored the fifth annual legislative luncheon on February 6, 2003. Other co-sponsors included Colorado Coalition Against Domestic Violence, Colorado Coalition Against Sexual Assault, and Colorado Organization for Victim Assistance. Thirty legislators and staff attended, plus 150 officials, nonprofit, and community members.

• The Link Between Animal Abuse and Family Violence: A conversation between executive directors of both the CBA and the Dumb Friends League regarding the link between animal abuse and family violence sparked the idea of facilitating a community collaboration on creating awareness and resources to deal with the matter. Other members of the community, including Denver and Jefferson County District Attorneys Offices, Aurora Police and Probation, American Humane Association, Denver Police, Colorado Veterinary Medical Association, and Colorado Coalition Against Domestic Violence, have shown great interest in becoming involved in the effort. Awareness-building started in April 2003 when Barbara Navoryta and Keith Davis, animal cruelty investigators with the Dumb Friends League, presented information on the link between animal abuse and family violence at the Family Law Update program. This project will evolve in the next year.

The Colorado Lawyer Series: The CBA Family Violence Project continued its series in The Colorado Lawyer, with publication of the following articles: "Financial Exploitation of the Elderly: How Lawyers Can Help Protect Their Clients" (August 2002) by Phillip Parrott, Denver District Attorney’s Office; "Child Maltreatment and the Role of Colorado Lawyers" (October 2002) by Marvin Ventrell, National Association of Counsel for Children; and "Applications for Immigration Status Under the Violence Against Women Act" (March 2003) by Gail Pendleton, National Immigration Project of National Lawyers Guild, and Ann Brock, attorney specializing in immigration in Sacramento, California.

SECTIONS/COMMITTEES

The Agricultural and Rural Law ("Ag Law") Section held its 12th Annual Agricultural and Rural Law Roundup on June 27–28, 2003, in Steamboat Springs. Programs at the Roundup included: a panel on the constitutionality of "check-off" funding programs for beef and other agricultural commodities; panels on conservation easements and the policy and planning implications of thirty-five-acre land parcels; and presentations on wind farms and other forms of alternative energy, irrigation well rights, and agricultural water leasing.

The Secretary/Treasurer position in the Ag Law Section is currently vacant. For more information on the Ag Law Section or its Council, contact Jim Witwer at jwitwer@troutlaw.com.

The Alternative Dispute Resolution ("ADR") Committee developed and is running the "Court Annexed Mediation Project," which provides mediation services to litigants and their attorneys in Denver’s County and Small Claims Civil Courts. The ADR Committee, along with the Ethics Committee, is also developing ethical guidelines for mediators. The ADR Committee hosts monthly CLE programs for its members. Other projects include cooperating with the CBA Health Law Committee and revising the "ADR Employment Manual."

The Availabilty of Legal Services Committee co-sponsored the second Access to Justice ("ATJ") Conference. The conference was held at the University of Denver College of Law on October 25, 2002, and was co-sponsored by the Colorado Legal Services and the Colorado Statewide Legal Services Committee. CBA President John E. Moye introduced keynote speakers: Judge Jo Ann Vogt, of the Colorado Court of Appeals, and John R. Jones, Chair of Texas’ ATJ Commission.

Conference topics included "Judicial District & Statewide ATJ Proposals"; "Local Pro Bono/Access Committees: How They Can Work"; "What Issues Should a Local ATJ Committee Address?" (a panel discussion on the issues faced by local courts and communities and how partnerships can address those problems); and "What Should a Statewide ATJ Commission Do?"

The event was followed by a reception, featuring songs by the Law Club and the presentation of Annual Pro Bono Awards by CBA President John Moye.

The Business Law Section is involved in the law governing business and commerce in Colorado. The section publishes a column in The Colorado Lawyer, as well as a periodic newsletter for members, both of which cover the most current developments in Colorado business law. In addition to the CLE programs provided by the subsections, the Business Law Section sponsors an annual Business Law Symposium.

Subsections: The Bankruptcy Subsection of the Business Law Section holds periodic meetings for the purpose of keeping the practicing bar current on developments in bankruptcy law and informal lunches with bankruptcy judges. The Securities Subsection holds monthly luncheon meetings, updating members on important developments in securities law and works with CLE in Colorado in putting on the Rocky Mountain Securities Conference, an important regional program that brings national speakers to Colorado. The Nonprofit and Antitrust Subsections sponsor important CLE programs.

The Business Law Section has been active in revising and updating business law; revising the Uniform Commercial Code; proposing and testifying on behalf of legislation, including H.B. 03-1377; modifying many articles in Title 7 to standardize language and move common, cross-entity provisions to a centralized section—Article 90; and reviewing and commenting on legislation proposed by others. The Business Law Section maintains a close relationship with the Secretary of State’s office and receives regular updates on initiatives of that office and maintains contact with the Business Law Section of the American Bar Association.

The Criminal Law Section had a busy and productive year under the leadership of its Executive Council, a group divided among judicial officers, prosecutors, and defense attorneys, along with representatives from the law schools. The section co-sponsored CLE programs, contributed to The Colorado Lawyer and the CBA website, and gave input to the CBA Board of Governors on issues relevant to criminal law legislation.

The Criminal Law Section co-sponsored a December CLE program on "Criminal Law Ethics." Among the speakers was Colorado Supreme Court Justice Michael L. Bender. In February, Colorado Court of Appeals Judge (and Executive Council member) John Daniel Dailey presented a luncheon CLE on appellate practice for criminal lawyers. In May, the section co-sponsored "Firearms, Fingerprints and Forensics."

Under the leadership of column co-editors (and Executive Council members) Judge Morris Hoffman and defense lawyer Leonard Frieling, several articles were published in the "Criminal Law Newsletter" of The Colorado Lawyer on the subjects of polygraphs, speedy trial, plea bargains, and anonymous informants.

The Criminal Law Section now has its own CBA website page. Executive Council member Miles Madorin, from the Colorado District Attorneys Association, has been instrumental in developing and maintaining the site for the section.

The Environmental Law Section held monthly CLE presentations about environmental litigation, regulatory and litigation issues concerning mold, Brownfield legislation, private cost recovery under Superfund, the history of Superfund in Colorado, the Endangered Species Act, Professional Ethics, EPA Region 8 initiatives, development of soil and groundwater cleanup standards, and other topics. The Section is reaching out to law schools at the University of Colorado and University of Denver, and seeking increased student participation in the Section activities. Law students from both law schools attend the monthly luncheons for free. This year and the next three years, the Section will contribute $500 to the law libraries at the University of Denver College of Law and the University of Colorado School of Law, for the purchase of books or periodicals dealing with environmental law.

Due to the increase in client grievances against new attorneys that practice in the area of domestic relations, the Family Law Section ("FLS") has created a mentoring program. Attorneys who joined the FLS mentoring program were paired with a qualified mentor for one year. To join the mentoring program, please call (303) 860-1115 or e-mail: flsmentor@cobar.org for a mentoring application.

The CBA FLS honored attorney Barb Chamberlain with the Family Law Award of Merit for her outstanding service and contributions to family law clients. The award was presented during the annual luncheon. Judge Ruthanne Polidori spoke to the FLS on attorney liens and trust accounts.

The section is finishing the Bench/Bar Book, is forming a judicial education subcommittee, continuing the annual Family Law Institute, hosting an annual judges lunch, introducing legislation, and holding brown bag lunches to facilitate Bench/Bar communications.

Lesleigh Monahan, Deb Anderson, and
Richard Zuber, all of the Family Law Section,
enjoy the wine and camaraderie at the 2002
Family Law Section Institute in Snowmass.

The Health Law Section is planning to work with the ADR Committee on the matter of health mediation and to write a Federal Health Insurance Portability and Accountability Act ("HIPAA") manual/monograph. The Health Law Section continues its monthly brown bag lunch series.

The Interprofessional Committee is charged with investigating disputes between attorneys and other professionals and making non-binding recommendations for resolution of such disputes. This fiscal year began with only two carry-over disputes from the prior year. Thirteen new disputes were assigned to committee members during the fiscal year, and as of the last meeting of the fiscal year, there are four cases pending without resolution or recommendation.

With the adoption of the HIPAA of 1996, which became effective in April 2003, the Interprofessional Committee was called on to revisit the medical release authorization, which is an appendix to the Interprofessional Code, Second Edition (1997). Because the Committee maintains a presence on the CBA website and includes a copy of the Interprofessional Code ("Code") online, it was deemed that the CBA should remove the medical release form from the online addition of the Code, pending the adoption of a new form that complies with HIPAA. A new form will be posted on the Committee’s website, as soon as the necessary approvals have been obtained.

The Juvenile Law Forum Committee continues its emphasis on the quarterly "Juvenile Law Column" in The Colorado Lawyer. Its purpose is to promote excellence in the practice of juvenile law and to report current information in a form immediately useful to practitioners and to the bench, thereby enhancing the well-being of Colorado’s children. The Juvenile Law Column concentrates on practical and procedural articles most useful to juvenile law practitioners, to practitioners in related fields, and to the bench. Volunteers to write, proofread, or give ideas for the column articles are welcomed.

The Law Practice Management & Technology Committee’s main focus this year was writing columns and providing topics in The Colorado Lawyer. The Committee remains informal in structure and is now working more with the Solo and Small Firm Section, including participation in the partnership/networking meetings, planning of the annual Solo/ Small Firm Conference, a joint December networking lunch eon, and promoting attendance at Solo and Small Firm Section events. The Committee maintained its Law Office Technology Listserv, launched a Committee Member Directory on the Committee website to assist its members in networking, and also reviewed and critiqued the CBA Law Practice Management Department’s website.

The Lawyers Professional Liability Committee had a busy and productive year. It presented the annual "Legal Malpractice Seminar" in six statewide locations. The program was coordinated by Mike Hutchinson and included presentations by judges from each of the locations. In addition to the annual "Legal Malpractice Prevention Seminar," the Committee also assisted in the "Hanging Your Shingle" seminar. David Little coordinated this program. The Committee continues to author risk management-related articles for Bar members. Whoops! articles are published quarterly in The Colorado Lawyer. The Committee updated information regarding insurance companies and insurance brokers writing malpractice insurance in Colorado. The Committee discussed issues surrounding disclosure of legal malpractice insurance to clients. Several states have amended the Rules of Professional Conduct to require disclosure to clients if lawyers fail to carry malpractice insurance, and the Committee has participated in the discussion and updated the Board of Governors on all of these issues.

The Legal Education and Admissions Committee ("LEAC") has traditionally worked on issues involving legal education and the Bar examination. Pursuant to the Board of Governor’s May 2002 suggestion, the CBA Professionalism Initiative Task Force Law School Working Group ("Working Group") merged with LEAC. During the past year, the LEAC worked with three subcommittees on projects for this year.

Subcommittees: The Bar Examination Subcommittee, chaired by Professor Howard Rosenberg and Peter Gowan, reviewed the ABA recommendations on revising Bar exams to better test for competence. Most of the work this year consisted of surveying the attitudes of members of CBA on the fairness of the Bar exam.

CBA President John Moye asked the LEAC to review national proposals for forgiveness of law school loans in exchange for public interest work. Magistrate David Juarez and Michelle Mieras agreed to act as co-chairs of the Loan Forgiveness Sub-Committee. The subcommittee reviewed various loan repayment programs in the United States, worked with financial aid directors of the University of Colorado ("CU") and University of Denver ("DU") law schools, and will spend most of the coming year developing a loan repayment program for Colorado.

For the Law School Subcommittees, co-chairs Kris Ward, Eli Wald (DU), and Scott Peppet (CU) were charged with the task of developing the curriculum for the "PRI Task Force Law School Professionalism Series," which will provide CLE credits to practicing lawyers who teach practical ethics to law students. The work for this year was to develop a curriculum and materials for an interactive program on the issue of lawyer dishonesty. The programs will consist of lecture, discussion, and small working groups. The programs are planned for fall 2003 at CU and DU law schools.

John Vaught, chair of the Law School Series Logistics and Event Subcommittee, was responsible for arranging facilities, dates, times, and staffing for the law school programs this Fall.

The CBA has listservs that
provide the latest news and
information about events and
programs. To find out more,
visit
http://www.cobar.org.

The primary project completed by the CBA Litigation Section for year 2002–2003 was making the "Courtroom Procedures and Policies of the State District Court Judges" available online to Litigation Section members. This information, commonly referred to as the Litigator’s Handbook, was only available in a printed format. The new online procedures and policies, accessed through the CBA website, can be simply and timely updated by the District Court Judges, and the names of new judges can be easily added as they are appointed to the bench. Securing the survey information from the District Court Judges was a multi-year project and could not have been completed without the assistance of the participating state judges, Chief Justice Mullarkey, and Karen Salaz at the State Judicial Office.

The Litigation Council met with Chief Justice Mullarkey in March 2003 and received an update on the many challenges facing the State Judiciary, particularly the financial challenges this past fiscal year. The Council met numerous times to address legislation proposed during the 2003 legislative session, worked closely with the CBA with respect to legislation affecting Section members, and provided testimony and revisions with respect to proposed legislation. The Council provides periodic e-mail reports to Litigation Section members to apprise them of the issues being addressed by the Council and to provide timely information of interest to its members.

In October 2002 the Litigation Council sponsored its annual Litigation Institute, in conjunction with the CBA–CLE, and currently is finalizing the curriculum for the Litigation Institute to be held October 3–4, 2003, in Denver. In 2002, the Council sponsored social gatherings in Colorado Springs and Fort Collins to promote interaction between lawyers, judges, and legislators, and is currently planning to host similar gatherings in Grand Junction (August 2003), Durango (October 2003), and other locations, in conjunction with the planned visits by the CBA President, CBA staff, and different Justices from the Colorado Supreme Court.

At the annual meeting held in June, the Mineral Law Section voted to change its name to the Natural Resources & Energy Law Section. During the last year, the Section held monthly luncheons that boasted excellent speakers. The Section will be hosting a social hour in September 2003 to invite new members to participate in Section activities.

The Paralegal Committee is the cultivation of the paralegal profession through education, leadership, and support of the legal community. The Committee created a CBA website page, which provides guidelines for working with paralegals, and hosted two open houses for paralegal students. Each event, one in Denver and the other in Steamboat Springs, allowed the Committee to assist and guide those who are entering the paralegal profession. The Committee coordinated a "Tuesdays at the Bar" seminar on avoiding the unauthorized practice of law by non-lawyers and wrote an article about the same topic, published in March 2003 in The Colorado Lawyer. The Committee volunteered time to "Law on the Mall," the annual People’s Fair in Denver, and the Colorado High School Mock Trials Competition. The Committee regularly works with the CBA–CLE in planning programs for legal support staff.

The Real Estate Section, along with CBA–CLE, hosted the "20th Annual Real Estate Symposium" in Steamboat Springs on July 17–20. There were 450 real estate lawyers and members of the legal community who attended the successful symposium.

The Solo/Small Firm Section held a joint holiday meeting with the Law Practice Management & Technology Committee for networking. The Section has continued the successful and popular partnership breakfasts every other month in downtown Denver. The Section expanded these partnership meetings to the DTC area and hope to start meetings in Jefferson County and Grand Junction soon. The "Solo/Small Firm Symposium" was held in the fall 2002 in Breckenridge and will be held in September 2003 in Denver.

Natalie Thornewell (left) comments at one of
the many programs offered at the 2002
Solo/Small Firm Conference in Breckenridge.
Holli Coldurri Hidden (right).

With the inspiration and leadership of former CBA President Dale Harris, the new CBA Transitions Committee began in 2001 with a lively steering committee. This Committee looked at the idea of attorneys retiring, although the steering committee agreed it could be any transition, including leaving the legal profession and taking up another career. Most also agreed that attorneys often don’t "retire well," and sometimes not at all. The Committee aimed at informational and inspirational programs for those who wanted to contemplate this issue. It went public on October 11, 2002, with a thought-provoking talk by Ted Borrillo on "Retirement and Poetry." A second meeting on February 19 included a panel discussion by attorneys who have made a transition. On May 14, Amy Noel, past chair of the board of the Colorado Financial Planning Association, talked about "How Much Is Enough?" Every month, the Committee held a small, informal discussion group led by Bob Connery.

The Water Law Section organized CLE programs and began a project to revise Water Court Rule 11, in light of the new C.R.C.P. 16. At the request of CBA President John Moye, the Section organized a subcommittee to review water law statutes to eliminate redundant or outdated laws. The Section also revised its Bylaws to conform with the rest of the CBA. As a result of last year’s activities, the Water Law Section now has a monthly meeting set for the second Tuesday of each month at noon, and organized ongoing subcommittees to review statutes and legislation and organize CLE programs and act as a Bench/ Bar liaison.

The CBA Workers’ Compensation Section held its annual holiday party—"Bury the Hatchet"—on December 12, 2002, at the CBA offices. More than forty members of the Workers’ Compensation Section attended the event.

The CBA Young Lawyers Division ("CBA/YLD") opened a legal hotline to help those around the state affected by wildfires. More than 100 lawyers from Colorado responded to the CBA’s request for volunteers. The CBA/YLD, Denver Bar Association YLD, and the University of Denver ("DU") College of Law Alumni Office hosted a reception and DU Pioneers hockey game for young lawyers and recent graduates in January 2002. The CBA/YLD also sponsored "Christmas in January" in Colorado Springs to benefit El Paso County Human Services foster kids. Santa Claus (attorney Chad Orvis) and a mountain of toys greeted the children as they walked in the door.

 

LOCAL BAR ASSOCIATIONS

In August 2002, Adams/Broomfield Bar Association ("ABBA") hired part-time executive director Donna Gerace as its first-ever executive director. To maintain better contact with ABBA membership, there is full-time office space on the first floor of the Adams County Justice Center. In November 2002, ABBA hosted its "Second Annual Judges Dinner" at the Omni Interlocken Resort in Broomfield. The dinner was attended by more than 100 members and guests, and featured a silent auction for the benefit of Adams Community Mental Health. In December, ABBA co-sponsored a holiday party with the Seventeenth Judicial District. Thanks to the more than 200 attendees, a large number of toys and gifts were donated to the Adams County Department of Social Services "Foster Care Program."

ABBA’s largest event of 2002–2003 was the "Law Day Breakfast" held May 1, 2003, a tradition dating back more than thirty-five years. This year’s breakfast was attended by more than 600 elected officials, law enforcement personnel, judges, attorneys, and legal professionals throughout Adams and Broomfield Counties. The guest speaker was Dr. Kathryn Wells, of the Kempe Child Protection Team. Following the breakfast, ABBA donated more than seventy-five table centerpieces of toys and activities to the Kempe Center.

On the last Friday of each month, ABBA hosted a luncheon/ CLE program. ABBA has also formed a Family Law Section that hosts monthly CLE/brown bag lunches and provides networking opportunities for private family law attorneys.

The Arapahoe County Bar Association hosted its Annual Meeting and Golf Tournament. The event took place on June 27, 2003, at the Murphy Creek Golf Club.

The Boulder County Bar Association and the Boulder County Legal Services presented Pro Bono Awards at their "Annual Pro Bono Luncheon" on April 23, 2003. At the luncheon, Christina Ebner was presented with the John Marshall Award for her pro bono work with disabled clients. The following pro bono awards were also presented: 100 hour: Jeff Ballas, Peter Jarldane, Dana Matthews, Bev Nelson, Georgina Scott, Phyllis Wood; 175 hours: Laura Heller, Mary Street; 200 hour: Kimberly Gent, Ralph Strebel; Lend-A-Lawyer (1,000): Patty Roberts; 388.5 hours: University of Colorado Legal Aid Defender Program.

In March 2003, Northwest Colorado Legal Services presented pro bono service awards at their annual ski day meeting of the Continental Divide Bar Association. Michele R. Couch received the 200 Hour Club Award, and Anne E. Parmley and Carol L. Curtis were presented the 100 Hour Club Award.

The Larimer County Bar Association and the Larimer County Young Lawyers Division sponsored this year’s annual "Law Day for Larimer County." The event was held at the Lincoln Center in Fort Collins. This year’s keynote speaker was Hon. W. Hickman Ewing, Jr., of Memphis, Tennessee. As Deputy Independent Counsel under Kenneth Starr, Mr. Ewing headed the "Whitewater investigation" in Little Rock, Arkansas. He spoke on the nature, history and duties of the Independent Counsel’s Office. Activities included awards to local schools for law-related essays and posters. The Young Lawyer Division presented awards for outstanding jurist, outstanding law enforcement personnel, and outstanding legally affiliated association of Larimer County.

The Pueblo County Bar Association ("PCBA") held its 2003 Dinner and Golf Tournament on Friday, June 20, 2003, at the Pueblo Country Club. The event featured casino night.

The Weld County Bar Association ("WCBA") announced the opening of its newly relocated law library at 916 Tenth Street in Greeley. The WCBA library holdings include sets of books specifically requested by members. Computerized research and Internet access from the library’s site are available.

Brenda Taylor, Sandy Waters, and Dave Atkinson
entertain at the Pueblo Bar Association's annual dinner.

The WCBA held its annual dinner on May 2, 2003. Colorado Supreme Court Justice Rebecca Love-Kourlis was the guest speaker for the evening and 100-hour pro bono awards were presented to the following attorneys: Joseph Bodine, Jack Davis, Dallas Greenfield, Zane Pic, and Mark Rapp.

All local bars are encouraged and invited to send information about awards, CLE, and networking events or meetings to include in the annual report each year. Contact Karen Bries at kbries@cobar.org for details.

 

TASK FORCES

The Professional Reform Initiative ("PRI") Task Force was formed in the fall of 2001 at the request of then CBA President Laird Milburn. Chaired by former CBA President Dale Harris, the broad mission of the PRI Task Force is to increase public trust and confidence in the justice system, and maintain the relevance of the legal profession in that system by promoting and nurturing effective professional reform.

The first initiative undertaken by the PRI Task Force was to emphasize truthfulness, honesty, and candor as fundamental core values of the legal profession. The PRI Task Force believes that while most lawyers are honest and trustworthy, too many do engage in some form of dishonest behavior, and that such behavior contributes to the widely-reported low esteem in which lawyers are held by the public. This, in turn, leads to a loss of trust and confidence in the justice system as a whole.

To address this problem, and to develop and implement curative plans of action, the PRI Task Force has reached out to the judiciary, Bar admission and disciplinary authorities, the law schools, and to individual lawyers for their input. During the past year, the PRI Task Force made presentations to more than 1,000 lawyers and judges across the state to raise their awareness and to seek their help in renewing the profession’s commitment to truthfulness and honesty. In addition, the PRI Task Force is working with the University of Colorado and University of Denver law schools to develop curriculum additions that will bring the issues to the attention of law students. The work of the PRI Task Force was noted by the Colorado Supreme Court in the landmark case of In re Pautler, 47 P.3d 1175 (Colo. 2002), and PRI Task Force members have been asked to serve on the Supreme Court’s Judicial Advisory Council.

 

CBA FINANCIALS AND
ADMINISTRATIVE

The Colorado Bar Association completed its 2002–2003 fiscal year on June 30, 2003. The CBA had a small excess, as income exceeded expenses. Revenues from membership dues increased slightly again this year and advertising revenue in The Colorado Lawyer was up as well. Non-dues revenues decreased primarily due to lower interest rates. Expenses were down in most categories because we tightened our belts, given all of the unknowns in the economy. Staff needs to be commended for holding down expenses while continuing to provide high quality service and successful programs to our members. A strategic planning process begun two years ago continues to guide the CBA and keep us on track with the needs of our membership. The CBA is in excellent financial shape and we have adjusted our goals for the future.

 

Colorado Bar Association Balance Sheet
As of June 30, 2003

ASSETS 2003* 2002 2001
Cash & Cash Equivalents $4,414,428  $4,321,189 $3,720,668
Accounts Receivable $72,833 $91,533 $193,639
Prpd. Exp. & Misc. Assets $41,599 $61,840 $44,542
DBA Intercompany  $-174,952  $0 $55,318
Net Property & Equipment $70,934 $118,356 $150,466
Funds Retirement Benefit $38,794 $44,900 $46,812
Deposits $5,456 $5,456 $5,456
Other $0 $0 $0
Total Assets  $4,469,091 $4,643,274 $4,216,902



LIABILITIES AND MEMBERSHIP EQUITY

Liabilities
-Accounts Payable $73,864  $48,704 $68,555
-Dues Payable to Local Bars

$244,054 

$286,779

$197,810

-Accrued Compensation $95,112  $88,881 $74,460
-Sales & Income Taxes Payable $29 $0 $0
-Prepaid Membership Dues $993,940  $887,951 $632,495
-DBA Intercompany $0  $220,525  $0
-Accrued Retirement Benefits $34,567  $37,493 $40,212
-Other Deferred Income $6,904  $12,994 $21,887
-Other $0 $0 $0
Total Liabilities $1,448,469 $1,583,327 $1,035,419
Membership Equity
-Restricted for Sections $411,173 $264,695 $212,405
-Restricted for Forum Committee $0 $61,135 $48,808
-Restricted for Special Projects $12,637 $46,724 $47,911
-Unappropriated $2,316,886 $2,291,281 $2,209,023
-9 West Program Restricted Funds $279,926 $396,112 $474,883
Total Membership Equity $3,020,622 $3,059,947 $3,181,482
Total Liabilities &Membership Equity $4,469,091 $4,643,274 $4,216,900

REVENUES 2003* 2002 2001
Dues $1,612,720 $1,580,584 $1,559,263
The Colorado Lawyer $351,813 $326,635 $346,782
Member Programs $181,263 $216,906 $247,021
Misc. Income $139,661 $239,908 $392,806
Total Revenues $2,285,458 $2,364,032 $2,545,872
EXPENSES 2003* 2002 2001
Programs, Committees, and Departments $855,996 $964,933 $874,450
The Colorado Lawyer $588,923 $602,022 $551,899
General and Administrative $746,536 $817,655 $775,190
Governance and Meetings $68,397 $174,569 $186,630
Total Expenses $2,259,852 $2,559,179 $2,361,169
Surplus (deficit) $25,605 $-195,147 $184,703

2003 REVENUES

2003 EXPENSES



 

 

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