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TCL > August 2005 Issue > Court Business

The Colorado Lawyer
August 2005
Vol. 34, No. 8 [Page  153]

© 2005 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

Notice of Public Written Comments Regarding
Proposed Changes to Colorado Rules of Civil Procedure
Chapter 4. Disclosure and Discovery
Chapter 5. Trials
Chapter 17(A). Practice Standards and Local Rules
Deadline for Written Comments: August 30, 2005

Notice

The Colorado Supreme Court proposes to amend Colo.R.Civ.P., Chapter 4, General Provisions Governing Discovery; Duty of Disclosure; Rule 26. (4) Form of Disclosures; Filing, Chapter 5 Trials, Rule 43. Evidence, (i)(1) Request for Testimony by Telephone; Chapter 17(A) Practice Standards and Local Rules, District Court Practice Standards, Sections 1-1, 1-2, 1-13, 1-14, 1-15, 1-16, 1-20, 1-21, 1-23, and 1-26.

An original and eight copies of the written comments on the proposed Rules should be filed with the Clerk of the Colorado Supreme Court, Susan J. Festag, at 2 E. 14th Ave., Denver, CO 80203, no later than 5:00 p.m., Tuesday August 30, 2005.

By the Court:

Nancy E. Rice
Justice, Colorado Supreme Court

 

Chapter 4. Disclosure and Discovery
Rule 26. General Provisions Governing Discovery;
Duty of Disclosure

(a) through (3) [No Change.]
(4) Form of Disclosures; Filing. All disclosures pursuant to subparagraphs (a)(1) and (a)(2) of this Rule shall be made in writing, in a form pursuant to C.R.C.P. 10, signed pursuant to C.R.C.P. 26(g)(1), and served upon all other parties. Disclosures shall not beand promptly filed with the court unless requested by the, but such court filings shall not include copies of any disclosed documents or necessary for consideration of a particular issue. other evidentiary material, or any expert reports or summaries.

(a)(5) through (g) [No Change.]

__________

Chapter 5. Trials
Rule 43. Evidence

(a) through (h) [No Change.]
(i) (1) Request for absentee testimony by telephone. A party may request that testimony be presented by telephone or videophone at a trial or hearing by a person absent from the courtroom by means of telephone or some other suitable and equivalent medium of communication. A request for absentee presentation of testimony by telephone shall be made by written motion or stipulation filed as soon as practicable after the need for absentee at least 21 days prior to the trial or hearing at which testimony becomes known.is proposed to be taken by telephone. The motion shall include:
(A) The reason(s) for allowing such testimony. should be taken by telephone.
(B) A detailed description of all testimony which is proposed to be taken by telephone or other medium of communication.
(C) [No Change.]
(2) Response.Objections. If any party objects to absentee the taking of the testimony by telephone, said party shall file a written response objection within 37 days following service of the motion unless the opening of the proceeding occurs first, in which caseshall state the objection shall be made orally in open court at the commencementbasis of the proceeding or as soon as practicable thereafter. objection. If no response is filed or objection is made, the motion may be deemed confessed.
(3) Determination. The court shall determine whether in the interest of justice absentee the testimony may be allowed.taken by telephone. The factors to be considered by the court in determining whether to permit absentee testimony by telephone shall include but not be limited to the following:
(A) Whether there is a statutory right to absentee testimony by telephone.
(B) The cost savings to the parties of having absentee the testimony presented by telephone versus the cost of the witness appearing in person.
(C) The availability of appropriate equipment at the court to permit the presentation of absentee testimony by telephone.
(D) through (G) [No Change.]
(H) Whether the presentation of absentee testimony by telephone would inhibit the ability to cross examine the witness.
(I) The efforts of the requesting parties to obtain the presence of the witness.

If the court orders absentee testimony to be taken by telephone, the court may issue such orders as it deems appropriate to protect the integrity of the proceedings.

__________

Chapter 17A. Practice Standards and Local Rules
Rule 121. [No Change]

(a) through (c) [No Change.]

District Court* Practice Standards
§§ 1-1 to End
*Includes Denver Probate Court where applicable.
Section 1-1 [Repealed and Readopted]
Entry of Appearance and Withdrawal

1. Entry of Appearance.
No attorney shall appear in any matter before the court until he has entered his appearance by filing an Entry of Appearance or signing a pleading. An entry of appearance shall state (a) the identity of the party for whom the appearance is made; (b) the attorney’s office address; (c) the attorney’s telephone number; (d) the attorney’s E-Mail address; and (e) the attorney’s registration number.

2. Withdrawal From an Active Case.
(a) An attorney may withdraw from a case, without leave of court where the withdrawing attorney has complied with all outstanding orders of the court and either files a notice of withdrawal where there is active co-counsel for the party represented by the withdrawing attorney, or files a substitution of counsel, signed by both the withdrawing and replacement attorney, containing the information required for an Entry of Appearance under subsection 1 of this Practice Standard as to the replacement attorney.

(b) Otherwise an attorney may withdraw from a case only upon approval of the court. Such approval shall rest in the discretion of the court, but shall not be granted until a motion to withdraw has been filed and served on the client and the other parties of record or their attorneys and either both the client and all counsel for the other parties consent in writing at or after the time of the service of said motion, or at least 15 days have expired after service of said motion. Every motion to withdraw shall contain the following advisements:

(I) the client has the burden of keeping the court and the other parties informed where notices, pleadings or other papers may be served;

(II) if the client fails or refuses to comply with all court rules and orders, the client may suffer possible dismissal, default or other sanctions;

(III) the dates of any proceedings, including trial, which dates will not be delayed, nor the proceedings affected by the withdrawal of counsel;

(IV) the client’s and the other parties’ right to object to the motion to withdraw within 15 days after service of the motion; and

(V) the client’s last known address and telephone number.

(c) The client and the opposing parties shall have 15 days after service of a motion to withdraw within which to file objections to the withdrawal.

(d) If the motion to withdraw is granted, the withdrawing attorney shall promptly notify the client and the other parties of the effective date of the withdrawal.

3. Withdrawal From Completed Cases.
In any civil case which is concluded and in which all related orders have been submitted and entered by the court and complied with by the withdrawing attorney, an attorney may withdraw from the case without leave of court by filing a notice in the form and content of Appendix to Chapters 1 to 17A, Form 36, C.R.C.P. [JDF Form 83], which shall be served upon the client and all other parties of record or their attorneys, pursuant to C.R.C.P. 5. The withdrawal shall automatically become effective 15 days after service upon the client and all other parties of record or their attorneys unless there is an objection filed, in which event the matter shall be assigned to an appropriate judicial officer for determination.

4. Entries of Appearance and Withdrawals by Members or Employees of Law Firms, Professional Corporations or Clinics.
The entry of an appearance or withdrawal by an attorney who is a member or an employee of a law firm, professional corporation or clinic shall relieve other members or employees of the same law firm, professional corporation or clinic from the necessity of filing additional entries of appearance or withdrawal in the same litigation unless otherwise indicated.

COMMITTEE COMMENT

An "active case" is any case other than a "completed case" as described in subsection 3 of the Practice Standard.

Section 1-2
Special Admission of Out-of-State Attorneys

Special admission of an out-of-state attorney shall be in accordance with C.R.C.P. Chapter 18, Rules Governing Admission to the Bar 220 and 221. Any attorney who desires to be specially admitted pursuant to C.R.C.P. 221 or any other applicable rule or statute shall make application for such special admission to the judge appointed to the case in which the attorney seeks to participate.

COMMITTEE COMMENT

The Practice Standard as deemed necessary because content of local rules of many counties indicated that there was a lack of awareness of a Rule of Civil Procedure pertaining to special admission of out of state attorneys. The Practice Standard draws attention to existence of that rule and incorporates its provisions.

Section 1-3 through 1-12 [No Change.]
Section 1-13
Deposition by Audio Tape Recording

When a deposition is taken by audio tape recording under C.R.C.P. Rule 30(b)(4), the following procedures shall be followed:

(a) An oath or affirmation shall be administered to the witness by a notary public or other officer authorized to administer oaths.

(b) [No Change.]

(c) Each sSpeakers shall identify themselveshimself before each statement except during extended colloquy between examiner and deponent.

(d) through (h) [No Change.]

COMMITTEE COMMENT [No Change.]
Section 1-14
Default Judgments

1. To enter a default judgment under C.R.C.P. Rule 55(b) of the Colorado Rules of Civil Procedure, the following documents in addition to the motion for default judgment are necessary:
(a) [No Change.]

(b) An affidavit stating facts showing that venue of the action is proper. The affidavit may be executed by the attorney for the moving party.

(c) An affidavit or affidavits establishing that the particular defendant is not a minor, an incapacitatedinfant, an incompetent person, an officer or agency of the State of Colorado, or in the military service. The affidavit must be executed by the attorney for the moving party on the basis of reasonable inquiry.

(d) An affidavit or affidavits or exhibits establishing the amount of damages and interest, if any, for which judgment is being sought. The affidavit may not be executed by the attorney for the moving party. The affidavit must be executed by a person with knowledge of the damages and the basis therefor.

(e) If attorney fees are requested, an affidavit that the defendant agreed to pay attorney fees or that they are provided by statute; that they have been paid or incurred; and that they are reasonable. The attorney for the moving party may execute the affidavit setting forth those matters listed in or required by Colorado Rule of Professional Conduct 1.5.

(f) through (g) [No Change.]

(1) . The name of the party or parties to whom the judgment is to be granted;

(2) . The name of the party or the parties against whom judgment is being taken;

(3) . Venue has been considered and is proper;

(4) . When there are multiple parties against whom judgment is taken, whether the relief is intended to be a joint and several obligation;

(5) . Where multiple parties are involved, language to comply with Rule C.R.C.P. 54(b), C.R.C.P.if final judgment is sought against less than all the defendants;

(6). The principal amount, interest and attorney’s fees, if applicable, and costs which shall be separately stated.

2. [No Change.]

3. If the party against whom default judgment is sought is in the military service, or his status cannot be shown, the court shall require such additional evidence or proceeding as will protect the interests of such party in accordance with the Service Member Civil Relief Act (SCRA), 50 USC § 520, including the appointment of an attorney when necessary. The appointment of an attorney shall be made upon application of the moving party, and expense of such appointment shall be borne by the moving party, but taxable as costs awarded to the moving party as part of the judgment except as prohibited by law.

4. [No Change.]

COMMITTEE COMMENT

This Practice Standard was needed because neither Rule C.R.C.P. 55, C.R.C.P. nor any local rule specified the elements necessary to obtain a default judgment and each court was left to determine what was necessary. One faced with the task of attempting to obtain a default judgment usually found himself making several trips to the courthouse, numerous phone calls and redoing needed documents several times. The Practice Standard is designed to minimize both court and attorney time. The Practice Standard sets forth a standardized check list which designates particular items needed for obtaining of a default judgment. For guidance on affidavits, see C.R.C.P. 108. See also Section 13-63-101, C.R.S., concerning affidavits and requirements by the court.

Section 1-15
Determination of Motions

1. Briefs; When Required; Time for Serving and Filing—Length. Except motions during trial or where the court deems an oral motion to be appropriate, any motions involving a contested issue of law shall be supported by a recitation of legal authority incorporated into the motion except for a motion pursuant to C.R.C.P. 56. Except for electronic filings made pursuant to Section 1-26 of this Rule, the The original and one copy of all motions and briefs shall be filed with the court; a copy shall be supplied to the courtroom clerk (to be brought to the attention of the court) and a copy shall be served as required by law.on all other parties. The responding party shall have 15 days or such lesser or greater time as the court may allow in which to file a and supply the courtroom clerk with a responsive brief.response. The moving party shall have 10 days or such greater or lesser time as the court may allow to file and supply the courtroom clerk with a reply brief. Motions or briefs in excess of 10 pages in length, exclusive of tables and appendices, are discouraged.

2. through 7. [No Change.]

8. Duty to Confer. When Appropriate to do so,mMoving counsel shouldshall confer with opposing counsel before filing a motion. The motion shall, at the beginning, contain a certification that the movant in good faith has conferred with opposing counsel about the motion. If no conference has occurred, the reason why shall be stated. If the relief sought by the motion has been agreed to by the parties or will not be opposed, the court shall be so advised in the motion. If no conference has occurred, the reason why shall be stated.

9. Unopposed Motions. All unopposed motions shall be so designated in the title of the motion.

COMMITTEE COMMENT [No Change.]
Section 1-16 (Repealed and Readopted)
Preparation of Orders and Objections to Form

1. When directed by the court, the attorney for the prevailing party or such attorney as the court directs shall file and serve a proposed order within 10 days of such direction or such other time as the court directs. Prior to filing the proposed order, the attorney shall submit it to all other parties for approval as to form. The proposed order shall be timely filed even if all parties have not approved it as to form. A party objecting to the form of the proposed order as filed with court shall have 5 days after service of the proposed order to file and serve objections and suggested modifications to the form of the proposed order.

2. Alternatively, when directed by the court, the attorney for the prevailing party or such attorney as the court directs shall file and serve a stipulated order within 10 days after the ruling, or such other time as the court directs. Any matter upon which the parties cannot agree as to form shall be designated in the proposed order as "disputed." The proposed order shall set forth each party’s specific alternative proposal for each disputed matter.

3. Objecting, proposing modification or agreeing to the form of a proposed order or stipulated order, shall not affect a party’s rights to appeal the substance of the order.

Section 1-17 through 1-19 [No Change.]
Section 1-20
Paper Size, Quality and Format of Documents

All court documents shall be prepared in on white 8-1/2" x 11" formatpaper with black type or print and conform to the quality, format, and spacing requirements specified in C.R.C.P. 10(d). Except documents filed by E-Filing or facsimile copyAs provided in C.R.S. § 13-1-133, all court documents shall be on recycled white paper. Any form required by these rules may be reproduced by word processor or other means, provided that the reproduction substantially follows the format of the form and indicates the effective date of the form which it reproduces.

COMMITTEE COMMENT

This standard draws attention to the requirements of new ruleC.R.C.P. 10(d) pertaining to paper size, paper quality, format and spacing of court documents. Color of paper and print requirements for documents not filed by E-Filing or facsimile copy were made necessary because colors other than black and white create photocopying and microfilming difficulties. Provision is also made to clarify that forms reproduced by word processor are acceptable if they follow the format of the form and state the effective date of the form which it reproduces.

Section 1-21
Court Reporter Transcripts

1. A party requesting a court reporter’s transcript shall arrange for preparation of the transcript directly with the reporter, or if the session or proceeding was recorded by mechanical or electronic means the courtroom clerk. Where a transcript is to be made a part of the record on appeal, a party shall request preparation of the transcript by reference in the Designation of Record and by direct arrangement with the court reporter or courtroom clerk as provided herein.

2. [No Change.]

3. The court reporter’s transcript shall be signed and certified by the person preparing the transcript. reporter. A transcript lodged with the court shall not be removed from the court without court order except when transmitted to the appellate court.

COMMITTEE COMMENT [No Change.]
Section 1-22 [No Change.]
Section 1-23 [Repealed and Readopted]
Bonds in Civil Actions

1. Bonds Which Are Automatically Effective Upon Filing With The Court.
The following bonds are automatically effective upon filing with the clerk of the court:
(a) Cash bonds in the amount set by court order, subsection 3 of this rule, or any applicable statute.

(b) Certificates of deposit issued by a bank chartered by either the United States government or the State of Colorado, in the amount set by court order, subsection 3 of this rule, or any applicable statute. The certificate of deposit shall be issued in the name of the clerk of the court and payable to the clerk of the court, and the original of the certificate of deposit must be deposited with the clerk of the court.

(c) Corporate surety bonds issued by corporate sureties presently authorized to do business in the State of Colorado in the amount set by court order, subsection 3 of this rule, or any applicable statute. A power of attorney showing the present or current authority of the agent for the surety signing the bond shall be filed with the bond.

2. Bonds Which Are Effective Only Upon Entry of an Order Approving the Bond.
(a) Letters of credit issued by a bank chartered by either the United States government or the State of Colorado, in the amount set by court order, subsection 3 of this rule, or any applicable statute. The beneficiary of the letter of credit shall be the clerk of the district court. The original of the letter of credit shall be deposited with the clerk of the court.

(b) Any Other Proposed Bond.

3. Amounts of Bond.
(a) Supersedeas Bonds. Unless the court otherwise orders, or any applicable statute directs a higher amount, the amount of a supersedeas bond to stay execution of a money judgment shall be 125% of the total amount of the judgment entered by the court (including any prejudgment interest, costs and attorneys fees awarded by the court). The amount of a supersedeas bond to stay execution of a non-money judgment shall be determined by the court. Nothing in this rule is intended to limit the court’s discretion to deny a stay with respect to non-money judgments. Any interested party may move the trial court (which shall have jurisdiction not with-standing the pendency of an appeal) for an increase in the amount of the bond to reflect the anticipated time for completion of appellate proceedings or any increase in the amount of judgment.

(b) Other Bonds. The amounts of all other bonds shall be determined by the court or by any applicable statute.

4. Service of Bonds Upon All Parties of Record. A copy of all bonds or proposed bonds filed with the court shall be served on all parties of record in accordance with C.R.C.P. 5(b).

5. No Unsecured Bonds. Except as expressly provided by statute, and except with respect to appearance bonds, no unsecured bond shall be accepted by the court.

6. Objections to Bonds. Any party in interest may file an objection to any bond which is automatically effective under subsection 1 of this rule or to any proposed bond subject to subsection 2 of this rule. A bond, which is automatically effective under subsection 1 remains in effect unless the court orders otherwise. Any objections shall be filed not later than 15 days after service of the bond or proposed bond except that objections based upon the entry of any amended or additional judgment shall be made not later than 15 days after entry of any such amended or additional judgment.

COMMITTEE COMMENT

The Committee is aware that issues have arisen regarding the effective date of a bond, and thus the effectiveness of injunction orders and other orders which are conditioned upon the filing of an acceptable bond. Certain types of bonds are almost always acceptable and thus, under this rule, are automatically effective upon filing with the Court subject to the consideration of timely filed objections. Other types of bonds may or may not be acceptable and should not be effective until the Court determines the sufficiency of the bond. The court may permit property bonds upon such conditions as are appropriate to protect the judgment creditor (or other party sought to be protected). Such conditions may include an appraisal by a qualified appraiser, information regarding liens and encumbrances against the property, and title insurance.

This rule also sets the presumptive amount of a supersedeas bond for a money judgment. The amount of a supersedeas bond for a non-money judgment must be determined in the particular case by the court and this rule is not intended to affect the court’s discretion to deny a supersedeas bond in the case of a non-money judgment.

Section 1-24 through 1-25 [No Change.]
Section 1-26 [Repealed and Readopted]
Electronic Filing and Service System

1. Definitions:
(a) Document: A pleading, motion, writing or other paper filed or served under the E-System.

(b) E-Filing/Service System: The E-Filing/Service System ("E-System") approved by the Colorado Supreme Court for filing and service of documents via the Internet through the Court-authorized E-System provider.

(c) Electronic Filing: Electronic filing ("E-Filing") is the transmission of documents to the clerk of the court, and from the court, via the E-System.

(d) Electronic Service: Electronic service ("E-Service") is the transmission of documents to any party in a case via the E-System. Parties who have subscribed to the E-System have agreed to receive service, other than service of a summons, via the E-System.

(e) E-System Provider: The E-Service/E-Filing system provider authorized by the Colorado Supreme Court.

(f) S/ Name: A symbol representing the signature of the person whose name follows the "S/" on the electronically or otherwise signed form of the E-Filed or E-Served document.

2. Types of Cases Applicable: E-Filing and E-Service are permissive for certain cases filed in district courts in Colorado, but may be mandated by the chief judge of a local district pursuant to Subsection 13 of this Practice Standard 1-26.

3. To Whom Applicable:
(a) Attorneys licensed to practice law in Colorado may register to use the E-System. Any attorney so registered may enter an appearance pursuant to Rule 121, Section 1-1, through E-Filing. In districts where E-Filing is mandated pursuant to Subsection 13 of this Practice Standard 1-26, attorneys must register and use the E-System.

(b) Where the system and necessary equipment are in place to permit it, pro se parties and government entities and agencies may register to use the E-System.

4. Commencement of Action–Service of Summons: Cases may be commenced under C.R.C.P. 3 by E-Filing the initial pleading. Service of a summons shall be made in accordance with C.R.C.P. 4.

5. E-Filing–Date and Time of Filing: Documents for cases under the System may be filed under C.R.C.P. 5 through an E-Filing. A document transmitted to the E-System provider by 11:59 p.m. Colorado time shall be deemed to have been filed with the clerk of the court on that date.

6. E-Service—When Required—Date and Time of Service: Documents submitted to the court through E-Filing shall be served under C.R.C.P. 5 by E-Service. A document transmitted to the E-System provider for service by 11:59 p.m. Colorado time shall be deemed to have been served on that date. E-Service shall entitle the party being served an additional 3 days as provided by C.R.C.P. 6(e).

7. Filing Party to Maintain the Signed Copy–Paper Document Not to Be Filed–Duration of Maintaining of Document: A printed or printable copy of an E-Filed or E-Served document with original or scanned signatures shall be maintained by the filing party and made available for inspection by other parties or the court upon request, but shall not be filed with the court. When these rules require a party to maintain a document, the filer is required to maintain the document for a period of two years after the final resolution of the action, including the final resolution of all appeals.

8. Documents Requiring Signatures of Multiple Signing Parties: For domestic relations decrees, separation agreements and parenting plans, original signature pages bearing the attorneys’, parties’, and notaries’ signatures must be scanned and E-Filed. For all other E-Filed and E-Served documents, signatures of attorneys, parties, witnesses, notaries and notary stamps may be in S/ Name typed form to satisfy signature requirements, once the necessary signatures have been obtained on a paper form of the document. For probate of a will, the original must be lodged with the court.

9. C.R.C.P. 11 Compliance: Use of the E-System by an attorney constitutes compliance with C.R.C.P. 11’s signature requirement. An attorney using the E-System shall be subject to all other requirements of Rule 11.

10. Documents under Seal: A motion for leave to file documents under seal may be E-Filed. Documents to be filed under seal pursuant to an order of the court shall not be E-Filed.

11. Transmitting of Orders, Notices and Other Court Entries: Beginning January 1, 2006, where a case is subject to E-Filing, the court shall transmit orders, notices, and other court entries via the E-System. Parties who E-File shall not submit paper self-addressed stamped envelopes for the purpose of receiving-back a signed order from the court.

12. Form of E-Filed Documents: C.R.C.P. 10 shall apply to E-Filed documents. A document shall not be transmitted to the clerk of the court by any other means unless the court at any later time requests a printed copy.

13. E-Filing May be Mandated: With the permission of the Chief Justice, a chief judge may mandate E-Filing within a county or judicial district for specific case classes or types of cases. A judicial officer may mandate E-Filing in that judicial officer’s division for specific cases, for submitting documents to the court and serving documents on case parties. Where E-Filing is mandatory, the court may thereafter accept a document in paper form and the court shall scan the document and upload it to the service provider. After notice to an attorney that all future documents are to be E-Filed, the court may charge a fee of $50 per document for the service of scanning and uploading a document filed in paper form. Where E-Filing is mandatory, the Chief Judge may exclude pro se parties from mandatory E-Filing requirements.

14. Relief in the Event of Technical Difficulties:
(a) Upon satisfactory proof that E-Filing or E-Service of a document was not completed because of: (1) an error in the transmission of the document to the E-System provider which was unknown to the sending party; (2) a failure of the E-System provider to process the E-Filing when received, or (3) other technical problems experienced by the filer or E-System provider, the court may enter an order permitting the document to be filed nunc pro tunc to the date it was first attempted to be sent electronically.

(b) Upon satisfactory proof that an E-Served document was not received by or unavailable to a party served, the court may enter an order extending the time for responding to that document.

15. Form of Electronic Documents
(a) Electronic document format, size and density: Electronic document format, size, and density shall be as specified by Chief Justice Directive # 05-02, as amended.

(b) Items related to a single document—Proposed Orders: Except for proposed orders, all items relating to a single filing may be filed or served electronically as part of that single document. Proposed orders shall be submitted as a separate document in editable format.

COMMITTEE COMMENT

The Court authorized service provider for the program is Lexis Nexis File & Serve (http://www.lexisnexis.com/file andserve).

Subsection 15(b) of this practice standard provides that except for proposed orders, all items related to a single document may be filed and served as a single document. For example: a memorandum brief and/or exhibits related to a motion or other pleading may be filed as part of that single document. A proposed order, however, should be separate. "Editable format" is one which is subject to modification by the court using standard means such as Word or WordPerfect format.

In the future, E-Filing and E-Service may be approved for other courts. Announcements regarding the E-System will be made by the Colorado Supreme Court through its web site http://www.courts.state.co.us/supct/supct.htm and through published directives to the clerks of the affected court systems.

C.R.C.P. 77 provides that courts are always open for business. This Practice Standard is intended to comport with that rule.

Supreme Court of Colorado
Office of the Chief Justice
Directive Concerning Electronic Document
Format Under C.R.C.P. 121, 1-26

Standards for electronically filed documents are hereby adopted set forth in Attachment A to this Directive. Attachment A, developed by the Integrated Information Services Standing Committee of the State Court Administrator’s Office, may be updated as needed. 

Done at Denver, Colorado this ______ day of ______, 2005.

Mary J. Mullarkey,
Chief Justice, Colorado Supreme Court

__________

Attachment A
Adopted by the SCAO-IIS Standing Committee
May 10, 2005

To facilitate the efficient processing of electronically filed documents within the courts, the Integrated Information Services Standing Committee hereby adopts the following document format standards for E-Filed documents:

(1) Electronic Document Size: The size limit for each document filed electronically is 1.5 megabytes.1 For the purpose of this procedure, each electronically filed pleading, motion, brief, or other paper is a separate document. The electronic filing system shall preclude a filer from submitting a document larger than 1.5 megabytes to the court.

(2) Oversize Documents: Any document which exceeds 1.5 megabytes shall be separated into electronic files of 1.5 megabytes or less each.

(3) Color or Graphics: Documents scanned in color, grey scale, or containing graphics result in larger file sizes and take longer to download. Therefore, filers should configure scanners to scan documents at 200dpi (dots per inch) and not in color or grey scale.

Subject to the above format standards, C.R.C.P. 10 and C.R.C.P. 121, 1-26 apply to all E-Filed Documents.

_________

NOTE

1. 1.5 megabytes may be equivalent to approximately 50 pages of plain, typed text or 25 pages of scanned information.

 

Colorado Supreme Court Rules Committee


Second Corrective Order to Rule Change 2003(10)
Chapter 2. Pleadings and Motions
Adopted

Rule 16.1. (New) Simplified Procedure for Civil Actions to be adopted as follows:
(A) through (J) [No Change.]
(k) [No Change.]
(1) Required Disclosures.
(A) Disclosures in All Cases.
Each party shall make disclosures pursuant to C.R.C.P. 26(a)(1), 26(a)(4), 26(b)(5), 26(c), 26(e), and 26(g), no later than 30 days after the case is at issue, as defined in C.R.C.P. 16(b)(1). In addition to the requirements of C.R.C.P. 26(g), the disclosing party shall sign all disclosures under oath.
(i) through (l) [No Change.]

This Corrective Order is Adopted on June 6, 2005, nunc pro tunc November 6, 2003, effective July 1, 2004.

Justice Rice would not adopt the rule.

By the Court:

 

Mary J. Mullarkey
Chief Justice, Colorado Supreme Court

 

Rule Change 2005(10)
Colorado Rules of Civil Procedure
(New) Chapter 17B. (New) Appointed Judges
(New) Rule 122. Case Specific Appointment of Appointed Judges
Pursuant to C.R.S. § 13-3-111
Adopted

[Note: An article on Rule 122, explaining its provisions, will appear in the September 2005 issue of The Colorado Lawyer.]

(New) Chapter 17B
(New) Appointed Judges
(New) Rule 122. Case Specific Appointment
of Appointed Judges
Pursuant to C.R.S. § 13-3-111

(a) Appointed Judges.
(1) At any time after a civil action, excluding juvenile delinquency proceedings, is filed in a trial court of record, upon agreement of all parties that a specific retired or resigned justice of the Supreme Court, or a retired or resigned judge of any other court of record within the state of Colorado be appointed to hear the action and upon agreement that one or more of the parties shall pay the agreed upon compensation of the selected justice or judge, together with all other compensation and expenses incurred, the Chief Justice may appoint such justice or judge who consents to perform judicial duties for such action.

(2) The decision as to whether such justice or judge shall be appointed to judicial duties, pursuant to subsection (1) of this section, shall be entirely within the discretion of the Chief Justice. The Chief Justice has the authority to reject or approve any deviations from these rules agreed to by the parties. The Chief Justice may require such undertakings as in his or her opinion may be necessary to ensure that proceedings held pursuant to this section shall be without expense to the state of Colorado.

(3) The compensation and expenses paid to an Appointed Judge shall be at the rate agreed upon by the parties and the Appointed Judge and rate of compensation must be approved by the Chief Justice at the time of making the appointment.

(4) The Appointed Judge shall have the same authority as a full-time sitting judge. Orders, decrees, verdicts and judgments entered by an Appointed Judge shall have the same force and effect and may be enforced or appealed in the same manner as any other order, decree, verdict, or judgment.

(b) Qualifications. To be eligible to serve as an Appointed Judge, a person must be a Senior Judge, a retired or resigned justice of the Supreme Court, or a retired or resigned judge of the court of appeals, a district court, probate court, juvenile court or county court, who has served as a judge in one or more of said courts for a total of at least six years. If a judge has served in the Colorado State Court System and as a judge in the Federal Court System, those years of service may be combined for the purpose of meeting the six year requirement. Such person must be currently licensed to practice law in Colorado.

(c) Motion for Appointment. A request for the appointment of an Appointed Judge shall be made by a joint motion filed by all parties to a case and shall be signed as approved by the Appointed Judge. The original of such motion shall be filed with the Supreme Court with a copy filed in the originating court—the court of record in which the case was originally filed. Such motion shall include:

(1) The name of the Appointed Judge;

(2) The rate of compensation agreed to be paid to the Appointed Judge;

(3) The Appointed Judge’s agreement to be bound by Canon 9 of the Colorado Code of Judicial Conduct and the Appointed Judge’s agreement that the Chief Justice may ask the Office of Attorney Regulation Counsel and the Colorado Commission on Judicial Discipline for any record of his or her imposed discipline, or pending disciplinary proceeding, if any;

(4) A realistic estimate of all compensation and expenses for the Appointed Judge, any needed personnel, rental of an appropriate facility outside the courthouse, if needed, in which to hold the proceedings, payment for any requested jury, and all other anticipated compensation and expenses, including travel, lodging and meals, and provisions assuring that all such compensation and expenses will be paid by the parties; and

(5) An agreement as to who is responsible for initial payment of the compensation and expenses of the action, and who is responsible for payment of the compensation and expenses upon final judgment;

(6) The agreement of the parties and the Appointed Judge that none of the compensation and expenses shall be paid by the state of Colorado;

(7) A copy signed by the Appointed Judge of the following oath: "I, (name of Appointed Judge), do solemnly swear or affirm by the ever living God, that I will support the Constitution of the United States and of the State of Colorado, and faithfully perform the duties of the office upon which I am about to enter."

(8) Any other matters the parties desire to be considered by the Chief Justice in exercising his or her discretion.

(9) A form order approving the appointment.

(10) A statement acknowledging that the Chief Justice may approve or reject the order or, upon the agreement of all the parties and of the Appointed Judge, may change any of the provisions of the order.

The parties shall file the Chief Justice’s ruling on the motion in the case file in the originating court.

(d) Duration of Appointment. The appointment shall last for so long as the parties specify in the motion and order of appointment. In the absence of such specification, the appointment shall last until entry of a final, appealable judgment, order or decree or, in dissolution actions, until the entry of Permanent Orders.

(e) Compensation and Expenses. Upon the appointment of an Appointed Judge by the Chief Justice, the parties shall forthwith deposit in an agreed escrow or trust account to be administered by the Appointed Judge or some other person acceptable to the parties and the Appointed Judge, sufficient funds to pay the estimated compensation and expenses of the case for the duration of the appointment. If, at any time, the Appointed Judge determines that the funds on deposit are insufficient to cover all further compensation and expenses, the Appointed Judge may order the parties promptly to deposit sufficient additional funds to cover such amount. An Appointed Judge may withdraw from the appointment after reasonable notice and with permission of the Chief Justice if this order is not complied with, and the case proceedings shall revert to the originating court. Within a reasonable time after the conclusion of the Appointed Judge’s duties on the case, the parties shall file in the record of the case in the originating court a report of the total compensation paid for the Appointed Judge’s services and the total expenses paid by the parties in the case.

(f) Rules Applicable to Proceedings. Proceedings before an Appointed Judge shall be conducted pursuant to Rules applicable to the originating court. All filings shall be open records available for public review and inspection unless sealed upon motion and order, and all proceedings shall be open to the public in the same manner and pursuant to the same law applicable to the originating court.

(g) Record.

(1) The original of each filing in all proceedings before an Appointed Judge shall be filed with the clerk of the originating court and a copy shall be provided to the Appointed Judge.

(2) The parties and the Appointed Judge shall comply with all applicable rules and Chief Justice Directives relating to reporting, filing and maintaining the record.

(3) The originals of any reporter’s notes or recording medium, along with any exhibits tendered, shall be filed with the clerk of the originating court pursuant to C.R.C.P. 80(d). The parties shall pay the costs of a court reporter or for any recording equipment that is acceptable to all parties.

(h) Location of Proceedings.

(1) Unless consented to by the parties and ordered by the Appointed Judge for good cause, the location of evidentiary proceedings and trial of a matter subject to this rule shall be pursuant to C.R.C.P. 98.

(2) The parties and the Appointed Judge shall arrange for an appropriate facility in which proceedings shall be held. If available, a room in the courthouse may be used for one or more proceedings in the case. Use of available court rooms, equipment or facilities within the courthouse shall not be considered an expense to the state that the parties are required to bear or reimburse;

(3) Whenever proceedings are scheduled in advance, the Appointed Judge shall timely file a Notice of Hearing with the clerk of the originating court giving notice of the date, time, nature and location of the proceedings.

(4) Except when proceedings are taking place in a courthouse, the parties shall arrange for or assure that there is sufficient premises liability insurance to assure that any injury to a party, other participant or spectator at the proceedings is covered without expense to the state of Colorado. Such insurance shall name the state of Colorado as an additional insured.

(i) Jury Trials.

(1) The Colorado Uniform Jury Selection and Service Act applies to jury trials conducted pursuant to this rule.

(2) When a trial by jury has been properly demanded, before setting the case for trial the Appointed Judge shall coordinate the start of the trial with the jury commissioner and the district administrator for the originating court so that jurors are selected and voir dire is held in the courthouse to which the prospective jurors are summoned.

(3) If the trial is held outside the courthouse, the parties shall be responsible for offering transportation from the courthouse to the location of the trial for the duration of the trial. Such transportation shall be at no cost to the jurors or the state of Colorado. The parties shall arrange for or assure that there is sufficient liability insurance to assure that any injury to a juror related to such transportation is covered without expense to the state of Colorado. Such insurance shall name the state of Colorado as an additional insured.

(4) Not later than 3 days following the conclusion of their service as jurors, the parties shall pay the jurors at the statutory rate pursuant to the Colorado Uniform Jury Selection and Service Act. The parties also shall pay all related expenses such as meals for the jurors and the costs of a bailiff. Payments made pursuant to this section should not be made through the court.

(5) If the trial is held outside the courthouse, jurors shall be instructed to the effect that such fact does not affect their responsibility and the importance of their service.

(6) In the event the jury is cancelled, postponed or a jury is waived, the Appointed Judge shall notify the jury commissioner as soon as possible.

(j) Removal. An Appointed Judge shall preside over all matters throughout the duration of the appointment unless the Appointed Judge recuses, is removed pursuant to C.R.C.P. 97, dies or becomes incapacitated. In any such circumstance, the case proceedings shall immediately revert to the originating court.

(k) Immunity. An Appointed Judge shall have immunity in the same manner and to the same extent as any other judge in the state of Colorado.

This Rule is hereby enacted and adopted by the Court, En Banc, this 23rd day of June, 2005 and shall be effective with regard to all cases pending in courts as of July 1, 2005 or filed in courts on or after July 1, 2005.

__________

Appendix to Chapter 24
Colorado Code of Judicial Conduct
(New) Canon 9
Appointed Judges, under C.R.C.P. 122
and section 13-3-111, C.R.S.

A. Certain retired or resigned state judges or justices may be eligible for appointment to perform judicial duties on a case-specific basis pursuant to court rule and statute, and subject to the Chief Justice’s discretion whether or not to appoint them. All of the parties to the case must consent to the appointment and pay all associated compensation and expenses. The Appointed Judges have the same authority as a full-time sitting judge, and the cases are subject to appeal. Hence, on the one hand, the Appointed Judge may handle only one or a few cases per year and be engaged in many other professional activities simultaneously, including the practice of law; and, on the other hand, the Appointed Judge has the authority and mantle of the state judicial system for purposes of that case. Accordingly, the ethical considerations for Appointed Judges are different from those for other judicial officers, and this Canon 9 embodies the code of conduct applicable to Appointed Judges during any term of appointment of that person as an Appointed Judge. Any person who is under contract to serve as a senior judge, who also undertakes to serve as an Appointed Judge, is bound by Canons 1-8 of the Code of Judicial Conduct as set forth in Canon 8. Appointed Judges not under contract to serve as a Senior Judge are bound by this Canon 9 only.

B. The provisions of this Canon 9 apply to the Appointed Judge for the period of the appointment, and in his or her capacity as Appointed Judge:

Canon 9.1
An Appointed Judge Should Uphold the
Integrity and Independence of the Judiciary

An independent and honorable judiciary is indispensable to justice in our society. An Appointed Judge should personally observe high standards of conduct so that the integrity and independence of the judiciary may be preserved. The provisions of this Canon 9 should be construed and applied to further that objective.

Canon 9.2
An Appointed Judge Should Avoid Impropriety
And the Appearance of Impropriety

A. An Appointed Judge should respect and comply with the law and should conduct himself or herself at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.

B. An Appointed Judge should not allow family, social, or other relationships to influence the judge’s judicial conduct or judgment, nor should an Appointed Judge convey or permit others to convey the impression that they are in a special position to influence him or her.

C. An Appointed Judge shall not hold membership in any organization that the Appointed Judge knows practices invidious discrimination on the basis of race, gender, religion, or national origin.

Canon 9.3
An Appointed Judge Should Perform the Duties
Of His or Her Office Impartially and Diligently

A. Adjudicative Responsibilities.

(1) An Appointed Judge should be faithful to the law and maintain professional competence in it. An Appointed Judge should be unswayed by partisan interest, public clamor, or fear of criticism.

(2) An Appointed Judge should maintain order and decorum in proceedings before him or her.

(3) An Appointed Judge should be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, and others with whom the Appointed Judge deals in his or her official capacity, and should require similar conduct of lawyers and of the Appointed Judge’s staff, court officials, and others subject to the Appointed Judge’s direction and control.

(4) An Appointed Judge should accord to every person who is legally interested in a proceeding, or his or her lawyer, full right to be heard according to law, and, except as authorized by law, neither initiate nor consider ex parte or other communications concerning a pending or impending proceeding. An Appointed Judge, however, may obtain the advice of a disinterested expert on the law applicable to a proceeding before the Appointed Judge if the Appointed Judge gives notice to the parties of the person consulted and the substance of the advice, and affords the parties reasonable opportunity to respond.

(5) An Appointed Judge should dispose promptly of the business of the case to which he or she is appointed.

(6) An Appointed Judge should abstain from public comment about the pending or impending proceeding in any case to which he or she is appointed, and should require similar abstention on the part of those personnel who are subject to the Appointed Judge’s direction and control.

(7) An Appointed Judge may authorize and apply all provisions as set forth in Canon 3 A.(7) and 3A.(8) pertaining to the preparation and preservation of a record and expanded media coverage of that Appointed Judge’s proceedings.

(8) An Appointed Judge shall perform judicial duties without bias or prejudice. An Appointed Judge shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice, including but not limited to, bias or prejudice based upon race, gender, religion, national origin, disability, age, sexual orientation, or socioeconomic status, and shall not permit staff, court officials and other subject to the Appointed Judge’s direction and control to do so.

(9) An Appointed Judge shall attempt, to the extent practicable, to make certain that lawyers in proceedings before the Appointed Judge abide by their duties under the Colorado Rules of Professional Conduct and, in particular, to refrain from manifesting, by words or conduct, bias or prejudice based upon race, gender, religion, national origin, disability, age, sexual orientation, or socioeconomic status, against parties, witnesses, counsel, or others. This Section 9.3 A.(9) does not preclude legitimate advocacy when race, gender, religion, national origin, disability, age, sexual orientation, socioeconomic status, or other similar factors, are issues in the proceeding before the Appointed Judge.

B. Administrative Responsibilities.

(1) An Appointed Judge should diligently discharge his or her administrative responsibilities and maintain professional competence in judicial administration of the case to which he or she is appointed.

(2) An Appointed Judge should require his or her staff to observe the standards of fidelity and diligence that apply to the Appointed Judge.

(3) An Appointed Judge should take or initiate appropriate disciplinary measures against a lawyer for unprofessional conduct of which the Appointed Judge may become aware in the case to which he or she is appointed.

C. Disqualification. 

Using Canon 3C. of the Code of Judicial Conduct as a guide, the Appointed Judge should disclose to parties seeking his or her appointment in a particular case all matters that might actually affect or be perceived to affect his or her impartiality as to that case, such that the parties may make a fully informed choice. The judge shall decline the appointment in any case in which he or she believes there is a conflict of interest that would cause disqualification pursuant to C.R.C.P. 97.

Canon 9.4
An Appointed Judge Should Refrain from
Financial and Business Dealings
Directly Related to the Case

(1) An Appointed Judge should refrain from financial and business dealings that relate directly to any issues in the case to which the Appointed Judge is appointed.

(2) Neither an Appointed Judge nor a member of the Appointed Judge’s family residing in the Appointed Judge’s household should accept a gift, bequest, favor, or loan from any party to or lawyer appearing in the case to which the Appointed Judge is assigned.

(3) For the purposes of this section "member of the Appointed Judge’s family residing in the Appointed Judge’s household" means any relative of an Appointed Judge by blood or marriage, or a person treated by the Appointed Judge as a member of his or her family, who resides in the Appointed Judge’s household.

(4) Information acquired by the Appointed Judge in that person’s judicial capacity should not be used or disclosed by him or her in financial dealings or for any other purpose not related to the Appointed Judge’s judicial duties.

Canon 9.5
An Appointed Judge Should Refrain from
Political Activity Inappropriate to the Terms of
His or Her Judicial Appointment

An Appointed Judge, during the term or his or her appointment shall not act as a leader or hold any office in a political organization, or personally solicit funds for a political organization, or make speeches for a political organization or candidate or publicly endorse a candidate for public office.

Commentary

Canon 9 is designed for Appointed Judges who serve pursuant to section 13-3-111, C.R.S., and C.R.C.P. 122. Under these provisions, the Chief Justice may appoint a retired or resigned judge or justice to serve as an Appointed Judge. Because a Senior Judge is being compensated by the State of Colorado, cannot practice law, and can be assigned to a docket of cases rather than by agreement of the parties and appointment by the Chief Justice to a specific case, Canons 1-8 as set forth in Canon 8 apply to a Senior Judge who also accepts appointment as an Appointed Judge.

In contrast, Canon 9 is a stand-alone provision for Appointed Judges who are not under contract to serve as Senior Judges. This canon is designed to recognize that persons not being compensated by the State of Colorado to serve as a judge may actively engage in a variety of community activities, including the practice of law. Accordingly, many provisions of the Code of Judicial Conduct are not suited to this unique type of judicial service authorized by the General Assembly. For example, such persons need not be encouraged to engage in quasi-judicial activities as set forth in Canons 4 and 5, or be required to file reports of compensation for quasi-judicial or extra-judicial activities as set forth in Canon 6, or be prohibited from participation in all forms of political activities that a judge compensated by the State of Colorado must refrain from under Canon 7. In addition, not all provisions of the other canons are appropriate for application to an Appointed Judge.

Thus, Canon 9 is designed to allow the Appointed Judge to continue his or her chosen activities in the community and yet be selected by the parties and the Chief Justice to serve as the judge on a particular case, as contemplated by section 13-3-111, C.R.S. To the extent they are relevant, annotations and case law under the Code of Judicial Conduct may be consulted in reference to like provisions of Canon 9.

Retired or resigned judges are encouraged to consider accepting assignment as an Appointed Judge on a pro bono basis in cases involving an indigent party.

The following provision of the Code of Judicial Conduct is amended to provide:

Effective Date of Compliance

Canons 1 through 7 are hereby amended and adopted by the Court, En Banc, this 18th day of November 1988, effective January 1, 1989. Canon 8 is hereby enacted and adopted by the Court, En Banc this 18th day of November 1988, effective January 1, 1989, except as to Canon 8D, which will become effective on January 1, 1990.

A person to who this Code becomes applicable should arrange his or her affairs as soon as reasonable possible to comply with it.

Canon 9 is hereby enacted and adopted by the Court, En Banc, this 23rd day of June, 2005 and shall be effective with regard to Appointed Judges appointed on or after July 1, 2005.

Effective Date of Rule C.R.C.P. 122 and Canon 9
Of the Colorado Code of Judicial Conduct

C.R.C.P. 122 and Canon 9 of the Colorado Code of Judicial Conduct are hereby enacted and adopted by the Court, En Banc, June 23, 2005 and shall be effective so as to allow the appointment of an Appointed Judge in any case within the scope of C.R.C.P. 122 that is pending in a court as of July 1, 2005 or is filed in a court on or after July 1, 2005. C.R.C.P. 122 and Canon 9 do not apply to appointments of Appointed Judges made prior to July 1, 2005, which appointments shall continue to be effective according to their terms.

Adopted by the Court, En Banc, June 23, 2005, effective July 1, 2005.

By the Court:

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

 

Colorado Judicial Department
Colorado Supreme Court Judicial Ethics Advisory Board Opinions

Background Information

Effective November 1, 2004, the Colorado Supreme Court amended Chief Justice Directive 94-01, which governs the Colorado Judicial Ethics Advisory Board ("CJEAB"). The CJEAB consists of judges and non-judges who provide advice on ethical issues to judicial officers who request an opinion on prospective conduct. There are seven board members: four judges, one non-lawyer citizen, one attorney, and one law professor with an interest in ethics.

CJEAB Opinions

Any judge, justice, magistrate, or district administrator (asking on behalf of judicial officers) in Colorado is welcome to request an advisory opinion from the CJEAB. Requests are made to any CJEAB member or to the person providing staff support to the CJEAB—Eileen Kiernan-Johnson, Legal Counsel to the Chief Justice of the Colorado Supreme Court.

Once a request is received, the CJEAB will research the question and issue a public opinion regarding the ethical considerations presented. the opinions will be posted online at http://www.courts.state.co.us/supct/committees/judicialethicsadvisoryboard/judethics. htm. The opinions will be published on a space available basis in the "Court Business" section of The Colorado Lawyer. Some attachments, including forms and exhibits, may be omitted due to space restrictions. Opinions also are available at Colorado’s two law schools, the Office of the State Court Administrator, and the Supreme Court Law Library. The opinions also will be provided to the American Judicature Society, which is an organization dedicated to judicial issues and ethics.

The CJEAB opinions are advisory in nature and do not bind the Commission on Judicial Discipline. For complete information about the CJEAB, contact Eileen Kiernan-Johnson, (303) 837-3759; eileen.kiernan-johnson@"judicial."state.co.us.

 

Colorado Supreme Court
Judicial Ethics Advisory Board (C.J.E.A.B.)
C.J.E.A.B. Advisory Opinion 2005-02
(Finalized and effective June 3, 2005; amended June 21, 2005)

Issue Presented

The requesting judge presides over a county court in a small rural jurisdiction. The judge also presides over certain district court civil and criminal matters, including preliminary hearings, guilty pleas and contested and uncontested sentencing hearings in class 4, 5 and 6 felonies. The judge also sits as the drug court judge. The judge’s brother-in-law is the senior member in a law firm that has fewer than five attorneys and that practices within the jurisdiction. The judge automatically recuses in all cases in which any member of the brother-in-law’s firm acts as counsel. The judge recognizes disqualification continues to be necessary in cases where the judge’s brother-in-law personally acts as counsel, but requests an opinion from the Board as to whether, going forward, the judge may preside over cases in which a partner or associate in the brother-in-law’s law firm is acting as counsel.

Conclusions

There is no per se rule requiring disqualification when a partner or associate of a relative lawyer appears before a judge. Rather, the determination of whether disqualification is required must be made on a case-by-case basis. However, under the particular circumstances of the case presented, disqualification is required.

Applicable Canons from the Colorado Code of Judicial Conduct

Canon 2A: "A judge should . . . conduct himself or herself at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary."

Canon 2B: "A judge should not allow family, social, or other relationships to influence the judge’s judicial conduct or judgment." A judge should not "convey or permit others to convey the impression that they are in a special position to influence him or her."

Canon 3C(1): "A judge should disqualify himself or herself in a proceeding in which the judge’s impartiality might reasonably be questioned."

Discussion

Canon 3C requires a judge to disqualify himself or herself in a proceeding in which the judge’s impartiality might reasonably be questioned. As the requesting judge recognizes, Canon 3C(1)(d) requires disqualification when the judge or his spouse, or a person within the third degree of relationship to either of them is acting as a lawyer in a proceeding. The official commentary to Canon 3(C) helps to clarify the extent to which a judge should disqualify himself or herself from a case in which a relative is somehow involved or affiliated with the case. The commentary states that "the fact that a lawyer in a proceeding is affiliated with a law firm with which a lawyer-relative of the judge is affiliated does not of itself disqualify the judge." However, disqualification may be required when "the judge’s impartiality might reasonably be questioned." The determination of when disqualification is required is based upon an objective standard. The judge should consider whether a reasonable and disinterested observer, fully informed of the underlying facts, would believe that the judge’s ability to impartially perform the duties of office would in any way be impaired, or whether such a reasonable person would entertain significant doubt that justice would be done absent recusal.

The determination of whether disqualification is required when a partner or associate of a relative lawyer appears before a judge must be made by the judge on a case-by-case basis. Among the factors to be considered when deciding whether an objective observer would question the judge’s impartiality are the status of the judge’s relative as a partner or associate, the prominence of the judge’s relative’s name in the firm name, the size of the court, the size of the community, the size of the firm, and the frequency of the firm’s appearance in the judge’s court. The judge should also consider the appearance to the general public of the failure to recuse, the appearance to other attorneys, judges and members of the legal system of the failure to recuse, the administrative burden of the recusal on the courts, and the extent of the financial, professional, or other interest of the relative in the matter.

The Board believes that, while there is no per se rule requiring disqualification when a partner or associate of a relative lawyer appears before a judge, the particular circumstances of the current request require disqualification. The requesting judge is one of a small number of judges who preside within in a small rural jurisdiction. The legal community is relatively close-knit; the total number of attorneys that regularly appear before the judge is estimated to be approximately fifty-five. The judge’s brother-in-law and members of his firm regularly appear in the court on which the judge serves.

In all instances, it is critical for the judiciary to act, and be perceived by the public and legal community to act, with the utmost integrity and impartiality. Under the particular circumstances presented by the current request, the Board is of the belief that involvement of the brother-in-law’s partner or associates in matters before the requesting judge may give rise to an appearance of impropriety and cause objective observers to reasonably question the judge’s impartiality. The Board recognizes that the judge’s disqualification in all cases in which the brother-in-law’s law firm appears before the judge may place a greater burden on the other members of the court. However, the Board concludes that the integrity of the judiciary outweighs the inconvenience of such burden.

FORMALLY FINALIZED AND EFFECTIVE this 3rd day of June 2005, by the Colorado Judicial Ethics Advisory Board; amended June 21, 2005.

 

Barbara Crowfoot (citizen member)
Hon. Martin Foster Egelhoff (judge member)
Daniel S. Hoffman, Esq. (attorney member)
Hon. Morris W. Sandstead, Jr. (judge member)
Hon. Pattie P. Swift (judge member/board chair)
Prof. Emeritus James E. Wallace (law professor member)
Hon. John R. Webb (judge member)
Eileen M. Kiernan-Johnson, Esq. (staff to the board)

 

Colorado Supreme Court
Judicial Ethics Advisory Board (C.J.E.A.B.)
C.J.E.A.B. Advisory Opinion 2005-03
(Finalized and effective June 3, 2005; amended June 21, 2005)

Issue Presented

Judges who live in residential communities that are managed and controlled by homeowners associations are confronted with judicial conduct questions if they participate in the management of the association. The following facts are assumed.

A judge has been asked to be a candidate to serve as either a general member or officer of the volunteer board of directors ("the BOD") of the residential association ("the association") in which the judge resides. The association is a non-profit corporation that manages the affairs of the homeowners. The BOD itself consists of nine owners in three classes of three members each, and it has an executive committee. Neither general board members nor those who serve on the executive committee receive compensation for their service. The BOD conducts regular monthly meetings, along with special meetings as needed.

The residential complex occupies four blocks and includes 185 units owned by 184 owners; one unit is owned in common and is used as a residence for the Resident Manager. In addition to the residences, the complex includes common elements such as tennis courts, a swimming pool, a clubhouse, parking lots, ponds, streams, and streets. The association’s annual operating budget is in excess of $900,000, and the reserves exceed $1 million. The association employs the Resident Manager, as well as an Office Manager and miscellaneous casual employees; it also contracts with a professional management company to oversee its daily operations and advise the BOD. Additionally, the association contracts with vendors for security services, landscaping and lawn maintenance ($115,000 for the last year), insurance, snow removal, as well as for matters on an as-needed basis, such as street repair and capital improvements (including, for example, an expenditure of $2,500,000 to replace all roofs).

In addition to overseeing the association’s contracts with service providers, the BOD guides the investment policy of the association, and it enforces the association’s rules, regulations, and covenants against resident owners. The association has in the past been involved in minor litigation, but never in the judge’s court. No litigation is currently pending or has been threatened. Outside General Counsel is retained, and other specialized counsel are employed on an as-needed basis.

Initially it is noted that recusal would be necessary if any association matter came before the judge’s court, regardless of whether the judge was merely a resident owner/ member of the association or served on the board of directors. Moreover, if the judge is permitted to serve on the BOD, the judge would not be permitted to offer legal or investment advice to the association.

Given these parameters, and in light of the association’s size and activities, may the judge serve on the volunteer board of directors of his homeowners’ association?

Conclusions

Whether a judge may sit on the board of directors of his or her homeowners association is to be determined on a case-by-case basis. Where, as here, the association is large and substantial, maintains significant cash reserves, operates under a sizable budget, and engages in substantial business-type contacts with outside enterprises of the kind that might involve the association in litigation, it would be inappropriate for a judge to serve on the association’s board.

Applicable Canons of the Colorado Code of Judicial Conduct

Canon 5(B) encourages judges to participate in civic and charitable activities, provided that those activities do not reflect adversely on the judge’s impartiality or interfere with performance of the judge’s duties. Specifically, the Canon states that "[a] judge may serve as an officer, director, trustee, or nonlegal advisor of an educational, religious, charitable, fraternal, social or civic organization if not conducted for economic or political advantage of its members" but cautions that the judge should not serve if it is likely that the organization will be engaged in proceedings that would ordinarily come before that judge or will be regularly engaged in adversary proceedings in any court.

Canon 5(C)(2) permits a judge to hold and manage his or her own investments, or those of a family member, including real estate, but disallows judges from serving as an officer, director, manager, advisor, or employee of any business.

Canon 2 generally provides that a judge should avoid the appearance of impropriety in all activities.

Discussion

A number of ethical advisory boards from other jurisdictions have confronted the same question that is raised here and generally have concluded that whether a judge may serve on his or her nonprofit homeowners’ association board is a question to be decided on a case-by-case basis. See, e.g., Massachusetts Advisory Opinion 01-6; U.S. Advisory Opinion 29; Illinois Advisory Opinion 95-13; New Hampshire Advisory opinion 78-1; New York Advisory Opinion 88-98; Ohio Advisory Opinion 04-3; Virginia Advisory Opinion 00-9; but see Florida Advisory Opinions 81-7, 81-10, 84-1 and 04-10. We find the Massachusetts and Federal Advisory Opinions particularly instructive, and draw guidance from them here.

The question presented is governed primarily by Canon 5. As noted above, Canon 5(B) permits service as an officer or director of an educational, religious, charitable, fraternal or civic organization not conducted for the economic advantage of its members. Canon 5(C)(2), alternately, permits a judge to hold and manage the judge’s own investments, including real estate, but prohibits him or her from serving as an officer, director, manager, advisor, or employee of any business. As both the Massachusetts and Federal Advisory Opinions observe, however, service as a member or officer of a homeowners board of directors does not fall neatly into either category and, indeed, shares attributes of both categories "in that, on the one hand, this endeavor possesses certain commercial features, but on the other hand closely approximates a real estate investment not forbidden to [a] judge under Canon 5(C)(2). It is, moreover, directed at the saving of expense and at the wise expenditure of funds rather than to the realization or earning of income." Federal Advisory Opinion No. 29; see also Massachusetts Advisory Opinion 01-6.

The Massachusetts opinion goes on to note that where duties of a homeowners’ board of directors generally relate to the management, maintenance, protection, and preservation of the judge’s own residence and the facility in which that residence is located, service on the board of directors does not fall afoul of the judicial conduct canons. The judge’s activities as a board member, while done in part on behalf of other unit holders, protects the judge’s investment much like the maintenance, protection, and preservation activities of a judge living in a single-family residence protects his or her interests therein. Should the activities of the homeowners association involve substantial business dealings, however, then the prohibition contained in Canon 5(C)(2) comes into play.

Like the Massachusetts advisory board, we adopt the following guidance from the Federal Advisory Opinion on the question of when a judge’s duties on a homeowners association board of directors become problematic under the Canons:

If the cooperative is not a large and substantial one, and if the duties entailed are routine and primarily internal (allocating responsibilities; employing maintenance, security, and essential personnel; providing for services; . . .formulating . . . rules and the like), such activity would not appear to violate the provisions of the . . . canons. If, however, the duties entail business-type contacts, substantial in number or character, with outside enterprises particularly of the kind that could result in litigation, a judge’s indulgence in the activity becomes questionable, and he or she should then give consideration to leaving those responsibilities to others. [Federal Advisory Opinion No. 29.]

Because the condominium association in the Massachusetts matter involved only a single four-story building where management was delegated to an outside company and no litigation had been engaged in or threatened, the judge’s participation in the association was not automatically proscribed. The advisory board encouraged the judge, however, to examine other factors unknown to them, such as the size of the annual budget, the amount of reserve funds, the likelihood of substantial capital improvements being made, and the likelihood of the acquisition of abutting properties or buildings. Moreover, the advisory board encouraged the judge to consider whether service as an officer on the board would entail more business-type contacts than service on the board as a member only. Further, the advisory board observed that the judge would not be permitted to give investment advice, pursuant to Canon 5(B)(3); act as a mediator or arbitrator in resolving internal disputes among unit owners, pursuant to Canon 5(E); or act as the organization’s legal advisor, pursuant to Canon 5(F).

Although the question of whether the judge in the factual case assumed here may serve on his or her association’s board is not clear cut, we believe that under these facts, the more prudent course would be for the judge to refrain from this type of service. Our conclusion is informed by many of the same factors animating our sister jurisdictions’ analyses, including the size and breadth of the association’s operations, the depth and number of the board’s business dealings, and the prospect that those dealings might spawn litigation. Specifically, in this matter, the residential complex is quite large, spanning four city blocks and containing 185 units that share numerous common elements, such as the swimming pool and parking lots. Both the association’s annual budget and its reserves are substantial, with each approaching or exceeding the $1 million mark. Moreover, the board anticipates engaging in significant capital improvements, such as the $2.5 million roof repair project. Although management of the association is delegated to an outside company and many of the BOD’s duties in overseeing the association are routine, the board engages in numerous and significant business-type contacts with outside vendors. The number and depth of these business-type contacts increase the risk that the association will be involved in litigation, and, indeed, the association has been involved in lawsuits, albeit over minor matters. Under these facts, then, we believe that the judge should not seek a seat on his or her homeowners association’s board of directors.

We note that, although service on the BOD would be inappropriate under the assumed facts, such service might be appropriate in a different case where the association at issue was not large or substantial, did not engage in substantial business-type contacts with outside vendors that presented a threat of litigation, and where the association’s budget and reserves were small. In such a case, however, the judge would still be forbidden from offering investment or legal advice to the association, pursuant to Canon 5(B)(3). Even if the association meets the criteria outlined above suggesting that service on the BOD may be appropriate, the judge should carefully consider whether service on the executive committee or higher governing board would comport with the Code of Judicial Conduct in light of the discussion above and in light of the general directive of Canon 2 that a judge should avoid impropriety and the appearance of impropriety in all of his or her activities.

Resolution and Opinion

The judge should refrain from serving on his or her homeowners association’s board of directors.

FORMALLY FINALIZED AND EFFECTIVE this 3rd day of June, 2005, by the Colorado Judicial Ethics Advisory Board; amended June 21, 2005.

 

Barbara Crowfoot (citizen member)
Hon. Martin Foster Egelhoff (judge member)
Daniel S. Hoffman, Esq. (attorney member)
Hon. Morris W. Sandstead, Jr. (judge member)
Hon. Pattie P. Swift (judge member/board chair)
Prof. Emeritus James E. Wallace (law professor member)
Hon. John R. Webb (judge member)
Eileen M. Kiernan-Johnson, Esq. (staff to the board)

 

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 assissed 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.colorado.gov/dpa/doah/.

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 due to space restrictions. To obtain a copy of attachments, contact: Court Services Division, Office of the State Court Administrator, 1301 Pennsylvania St., #300, Denver, CO 80203.

 

Chief Justice Directive 85-20
Supreme Court of Colorado, Office of the Chief Justice
Repeal of Chief Justice Directive 85-20

I hereby repeal Chief Justice Directive 85-20, amended July 1, 1990, concerning The Colorado C.L.E. Index and declare it to be no longer in force or effect.

Dated at Denver, Colorado this 24th day of June, 2005.

Mary J. Mullarkey,
Chief Justice, Colorado Supreme Court

 

Chief Justice Directive 05-04
Supreme Court of Colorado, Office of the Chief Justice
Pilot Project for Correctional Facility Disciplinary Action Review—
Lincoln County District Court Only

This Directive is issued to permit a pilot project in Lincoln County District Court for handling judicial review of correctional facility disciplinary action matters. As to the Lincoln County District Court only, C.R.C.P. 106(a)(4) shall be deemed amended to provide a new C.R.C.P. 106(a)(4.1) as follows:

Scope

This pilot project rule applies to every action brought on or after July 1, 2005, by an inmate under C.R.C.P. 106(a)(4) to review a decision of the Limon Correctional facility imposing any penalty on the inmate for events that occurred at the facility. To the extent that this pilot project rule does not cover procedure in such cases, the parties shall follow C.R.C.P. 106(a)(4).

Designation of Defendant

Only the warden of the Limon Correctional facility shall be named as a Defendant, and shall be listed as "Warden, Limon Correctional Facility." The District Court shall dismiss any other Defendant.

Venue

All actions under this rule shall be filed in the Lincoln County District Court, even if the inmate is no longer assigned to the Limon Correctional Facility at the time the complaint is filed.

Service of Process

If the inmate does not qualify for in forma pauperis status, the rules relating to service of process set forth C.R.C.P. 4(e)(10) shall apply, but only the Warden of the Limon Correctional Facility, the Executive Director of the Department of Corrections and the Attorney General shall be served.

If the inmate files a motion to proceed in forma pauperis and that motion is granted, service of process shall be accomplished in the following manner: The clerk of the District Court shall scan the complaint and serve it by electronic means on the Attorney General, the Executive Director of the Department of Corrections, and the Warden of the Limon Correctional Facility (or the designee of each of these officials), along with a notice indicating the fact and date of filing. For purposes of this Rule, the "date of filing" shall, as contemplated by C.R.C.P. 5(f), be the date the complaint was deposited in the correctional facility’s internal mailing system. Each person notified shall send an acknowledgement by electronic means indicating that the specified official has received the electronic notice and the scanned copy of the complaint.

Response of Defendant

Within 20 days after the date on which the Attorney General’s office sends acknowledgement that it has received the notice and complaint form the Clerk of the District Court, the Defendant shall file either (1) an answer to the complaint and a certified copy of the record as explained below, or (2) a motion in response to the complaint.

Notice to Submit Record

The Attorney General’s office shall notify the Warden that the certified record and affidavit of certification must be filed by the facility directly to the Court no later than the deadline to file an answer or motion as indicated above. This obligation to submit the record does not apply if the Attorney General’s office notifies the Warden within 10 days of the electronic service that it will file a motion to dismiss the complaint for lack of subject matter jurisdiction, in which event the filing of the record shall be suspended pending disposition of the motion.

Contents of the Record

The certified record submitted by the Warden to the District Court shall contain all material related to the proceeding at the facility to permit the Court to address the issues raised in the compliant. The record shall include the Notice of Charges, the Disposition of Charges, the Offender Appeal Form, and the current applicable version of the Code of Penal Discipline. If any part of the proceeding was recorded, a copy of the recording shall be provided.

Cost of the Record

The cost of preparation of the record shall initially be paid by the Warden but, upon the filing of the certified record with the Court, the Warden shall immediately deduct the cost of preparation of the record, including the recording, from the inmate’s account or, if there are insufficient funds in that account, apply a charge to that account.

Briefs

If the Attorney General’s office files a motion to dismiss, the inmate shall have 15 days after service of the motion to file a response brief, and the Attorney General’s office shall have 10 days after the service of the response to file a reply.

If the Attorney General’s office files an answer and the Warden files the certified record, the inmate shall have 40 days following notice of filing of the record in which to file a brief. In this event, the brief shall set forth the reasons why the inmate believes that the District Court should rule that the Warden has exceeded his or her jurisdiction or abused his or her discretion. The inmate must set forth in the brief specific references to documents or pages of the record that support the inmate’s position. The Attorney Generals office shall have 30 days after service of the brief to file a response and the inmate shall have 15 days after service of the response to file a reply.

Time Periods

The parties shall follow the time periods set forth above unless the Court, on motion and good cause shown, enters an order altering those time periods.

Posting of Directive

A copy of this Directive shall be posted in the law library of every facility operated by the Department of Corrections and every private prison in Colorado.

Done at Denver, Colorado this 23rd day of June, 2005.

Mary J. Mullarkey,
Chief Justice, Colorado Supreme Court

 

U.S. Bankruptcy Court, District of Colorado
In the Matter of Compliance with the Servicemembers Civil Relief Act of 2003
General Procedure Order Number 2005-2

Effective August 1, 2005, in order to comply with the provisions of the Servicemembers Civil Relief Act of 2003 ("SCRA"), 50 App. U.S.C. § 501 et seq., regarding the entry of default judgments and other applicable parts of the SCRA as to individuals, the Court requires the following:

1. Default Judgments. At the time of the filing of a motion for default judgment in an adversary proceeding pursuant to Fed. R. Bankr. P. 7055, the plaintiff must file an affidavit with the Court which states (a) whether or not the defendant is in the military service, and indicating the necessary facts to support said affidavit; or (b) if the plaintiff is unable to determine whether or not the defendant is in the military service, a statement that the plaintiff is unable to so determine. See Section 521(b)(1). If a plaintiff moving for a default judgment does not submit the required affidavit, the motion will be denied. If the Court is unable to ascertain the defendant's military status from the presented affidavit, it may require the plaintiff to file a bond before entering any default judgment. Section 521(b)(4) states that the affidavit requirement "may be satisfied by a statement, declaration, verification, or certificate, in writing, subscribed and certified or declared to be true under penalty of perjury."

2. Motions for Relief from the Automatic Stay. At the time of the filing of a motion for relief from stay under Fed. R. Bankr. P. 4001, after the effective date of this order, the movant must file an affidavit with the Court which states (a) whether or not the respondent is in the military service, and indicating the necessary facts to support said affidavit; or (b) if the movant is unable to determine whether or not the respondent is in the military service, a statement that the movant is unable to so determine. See Section 521(b)(1). The Court will deny motions to lift the stay if the movant does not supply the required affidavit. If the Court is unable to ascertain the respondent’s military status from the presented affidavit, it may require the movant to file a bond before entering any order lifting the stay.

3. Debtor’s Information. In order to assist the Court in its determination of a debtor’s status under SCRA, a debtor should inform the Court if he or she is a servicemember subject to the provisions of SCRA at the time of the filing of the bankruptcy petition by submitting a separate writing in the form of L.B.F. Misc. SCRA Declaration. If, at any time during the pendency of the bankruptcy proceedings a debtor becomes entitled to the protections of SCRA, he or she shall inform the Court of the change in military status within ten (10) days of the change in status. Failure by the debtor to inform the Court of his or her military status does not in any way constitute a waiver of the debtor’s protections under SCRA, and does not alter the responsibility of a party to investigate the debtor’s servicemember status before filing any of the papers referred to in subparagraphs (1) through (3) of this General Procedure Order.

4. Verification. Information on how to obtain verification of the military status of an individual is available from the Clerk’s office or on the Court’s web site.

Dated: June 27, 2005

By the Court:
Sidney B. Brooks, Chief Judge
A. Bruce Campbell, Judge
Elizabeth E. Brown, Judge
Howard R. Tallman, Judge
Michael E. Romero, Judge

 

In the Matter of Student Practice
General Procedure Order Number 2005-3

Pursuant to the approval of the judges of this court, it is ORDERED that the following Student Practice Rule for the United States Bankruptcy Court for the District of Colorado is adopted and will become effective immediately.

A. GENERALLY

1. With the approval of the bankruptcy judge, to whom a bankruptcy case or adversary proceeding has been assigned, an eligible law student may, under the supervision of an attorney admitted to practice in this court and employed in a law school clinical program, appear in that matter on behalf of any party who has consented in writing.

2. Unless otherwise limited, such appearance authorizes the student to appear in that matter in court or other related proceedings when accompanied by the supervising attorney and to prepare and sign court papers which are signed by the supervising attorney.

B. STUDENT ELIGIBILITY

To be eligible, the student shall:

1. be enrolled in a law school approved by the American Bar Association or, following graduation, be preparing to take a written bar examination or awaiting admission to the Bar following that examination;

2. be enrolled, or have successfully completed a law school clinical program;

3. have completed two full semesters of law school, including a course in evidence;

4. be certified by the law school dean (or the dean’s designee) as qualified to provide the legal representation permitted by this rule. This certification may be withdrawn by the certifier at any time by mailing notice to the court;

5. be introduced to the court by the supervising attorney;

6. not receive compensation of any kind from the client. This shall not affect the ability or right of an attorney or law school clinical program to seek attorney fees which may include compensation for student services; and

7. certify in writing that he/she is familiar with the Federal Rules of Civil Procedure, Federal Rules of Evidence, Federal rules of Bankruptcy Procedure and this court’s Local Bankruptcy Rules and Website (www.cob.uscourts.gov).

C. SUPERVISING ATTORNEY

The attorney supervising a student shall:

1. be a member in good standing of the bar of this court;

2. supervise students in a clinical program of an eligible law school;

3. maintain appropriate professional liability insurance for the supervising attorney and eligible students;

4. introduce the student to the court;

5. assume professional responsibility for the student’s work;

6. be present whenever the student appears;

7. sign all pleadings; and

8. file a written agreement to supervise a student in accordance with this General Procedure Order.

D. ADMISSION PROCEDURE

1. The student, dean (or designee), supervising attorney and the client shall complete the Law Student Appearance form attached hereto which shall be filed with the Clerk.

2. The student’s appearance is not authorized until approved by the bankruptcy judge, which approval may be withheld or withdrawn for any reason without notice or hearing.

Dated: June 27, 2005

By the Court:
Sidney B. Brooks, Chief Judge
A. Bruce Campbell, Judge
Elizabeth E. Brown, Judge
Howard R. Tallman, Judge
Michael E. Romero, Judge

 

Attachment to General Procedure Order Number 2005-3
Law Student Appearance Form
(Use Adversary Proceeding Caption if Applicable)

In re:

    Debtor(s)

)
)
)

Case No.

 

LAW STUDENT APPEARANCE FORM

1. Law Student Certification

I __________________________certify that:

(a) I am duly enrolled in ___________________________ law school in accordance with part B.1 of the Student Practice General Procedure Order of this court.

(b) I am receiving no compensation from the client in accordance with part B.1 of the Student Practice General Procedure Order of this court.

(c) I am familiar with and will comply with the Federal Rules of Civil Procedure, the Federal Rules of Evidence, the Federal Rules of Bankruptcy Procedure, and this court’s Local Bankruptcy Rules and Website (www.cob.uscourts.gov).

Dated: ___________________________________
Signature of Student

2. Law School Certification

I _______________________ certify that this student:

(a) has completed at least two semesters of law school, including a course in Evidence, and is enrolled in (or has completed) an approved clinical program at the law school;

(b) is qualified to the best of my knowledge, to provide the legal representation permitted by the Student Practice General Procedure Order of this court;

(c) that _____________________________, who will serve as supervising attorney, is employed in a clinical program approved by this school.

Dated: ____________________________________
Signature of Dean or Authorized Designee

____________________________________
(Position of Above)

3. Supervising Attorney’s Certification

As a member of the bar of the United States District Court for the District of Colorado, I certify that I will:

(a) assume personal professional responsibility for the student’s work in accordance with the Student Practice General Procedure Order of this court:

(b) guide and assist this student as necessary or appropriate under the circumstances; and

(c) appear with this student in all proceedings in this matter.

Dated: _____________________________________
Signature of Attorney
Address
Telephone
Fax Number
E-mail address

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