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TCL > June 2004 Issue > Court Business

The Colorado Lawyer
June 2004
Vol. 33, No. 6 [Page  125]

© 2004 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 Supreme Court Rules Committee

Rule Change 2004(7)
The Colorado Rules of Probate Procedure
Appendix A to CHAPTER 27
Adopted

Form CPC 32-GRM (New) GUARDIAN’S REPORT (Minor)

Adopted by the Court, En Banc, April 8, 2004, effective Immediately.
Justice Hobbs does not participate.
By the Court:

Nancy E. Rice
Justice, Colorado Supreme Court

Rule Change 2004(8)
Appendix to Chapter 26
The Colorado Rules of Procedure
For Small Claims Courts
Amended and Adopted

FORM JDF 252A-Motion and Order For Interrogatories—Short Form

Amended and Adopted by the Court, En Banc, April 8, 2004, effectively immediately.
Justice Hobbs does not participate.
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., 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. Complete 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. For space reasons, attachments may be omitted. To obtain a copy of the complete Chief Justice Directive and attachments, contact the Court Services Division, Office of the State Court Administrator, 1301 Pennsylvania St., Ste. 300, Denver, CO 80203; or visit http://www.courts.state.co.us (select Supreme Court).

Chief Justice Directives ("CJD") 97-01 and 97-02 have been replaced, effective May 1, 2004. There are now three CJDs. CJD 97-02 has been split so that there is a separate CJD dealing with Office of the Child’s Representative appointments, and one for non-criminal/non-juvenile delinquency appointments that the courts and State Court Administrator’s Office pay for (respondent parent counsel, mental health counsel, etc.)

The replacement CJDs are:

04-04. Appointment of State-funded Counsel in Criminal and Juvenile Delinquency Cases

04-05. Appointment and Payment Procedures for Court Appointed Counsel for Children and Indigent Persons in Titles 14, 15, 19 (Dependency and Neglect Only), 22, 25, 27, and Guardians ad Litem, Non-attorney Special Advocates and Court Visitors Paid by the State Court Administrator’s Office

04-06. Court Appointments Through the Office of the Child’s Representative

The replacement CJDs were signed by the Chief Justice of the Colorado Supreme Court on April 12, 2004, and took effect May 1, 2004, at which time CJD 97-01 and CJD 97-02 were repealed. The directives are available through the Judicial home page, http://www.courts.state.co.us (select Supreme Court).

Following are changes of note submitted by the State Court Administrator.

CJD 04-04 (formerly CJD 97-01)

• New language under III B (ADC) concerning ADC’s responsibility to provide for situations where an ADC attorney may have a conflict.

• Clarification that indigence must be considered before appointing counsel in a JD case where a family member is a victim and there is parental refusal to hire counsel. Based on the indigence finding, the PD or ADC may be appointed. This is to clarify that Judicial-paid counsel is not to be automatically appointed in "family member victim" cases.

• Clarification through a new section IV D, providing for state payment of court costs in certain instances, even though there is not state-paid counsel assigned to the case.

• The Complaints section (VI) has been updated and revised.

• Reorganization of the main body of the CJD and some new headings to make the CJD easier to follow.

• Updated statutory references, where needed.

• Significant reformatting, reorganization, and clarification in the attachments that discuss payment procedures. The substantive changes in these attachments are:

Attachment E is now "Guidelines for Payment" and was changed as follows:

• Clarification that orders to exceed the maximum fee must be obtained prior to performing the additional work.

• New policy that travel time will be paid only for instances where the round trip is at least 50 miles.

• New policy that we will not reimburse for "no contact" phone calls (i.e., left messages, no answer, busy, etc.)

• New policy providing for a two-year limitation on appointees submitting questions or disputes on their billings.

Attachment F is now the detailed procedure for billing (i.e., completion of the JDF207 form, etc.) Streamlined/clarified procedures where developed.

CJD 04-05 (formerly CJD 97-02, Judicial portion)

• The new CJD will now deal with only those appointments paid and managed by SCAO.

• The OCR has a separate, new CJD (04-06) dealing with OCR appointments (GALs for children).

• Significant reformatting, reorganization, and clarification throughout.

• The Complaints section, (VI) has been updated and revised with guidance from our Legal office.

• Significant revision of the attachments that discuss payment procedures (attachments D and E). The substantive changes in the attachments are:

— Clarification that orders to exceed the maximum fee must be obtained prior to performing the additional work.

— New policy that travel time will be paid only for instances where the round trip is at least fifty miles.

— New policy that we will not reimburse for "no contact" phone calls (i.e., left messages, no answer, busy, etc.).

— New policy providing for a two-year limitation on appointees submitting questions or disputes on their billings.

— Streamlined/clarified procedures where developed in the detailed procedure for billing (i.e., completion of the JDF207 form, etc.).

CJD 04-06 (formerly CJD 97-02, OCR portion)

This CJD was developed through Theresa Spahn, Director of OCR. It outlines numerous specific policies concerning OCR appointments, and provides more extensive information than what was contained in 97-02 relative to these appointments.

All of these CJDs should be reviewed by judges, magistrates, court-appointed counsel, including public defenders and ADC attorneys, guardians ad litem, other appointees, applicable court staff—particularly those who deal with attorney appointments and review attorney billings, and other interested parties.

If there are questions concerning these directives, please contact Paul Litschewski, (303) 837-3628, or Gaylene Wagoner, (303) 837-3641, in the Financial Services Division. Contact Theresa Spahn, (303) 860-1517, with OCR questions.

Office of the State Court Administrator:

Gary A. Marroney
State Court Administrator

© 2004 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=2004.


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