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TCL > May 2007 Issue > Court Business

The Colorado Lawyer
May 2007
Vol. 36, No. 5 [Page  131]

© 2007 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved.

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

From the Courts
Court Business

Court Business

Colorado Supreme Court Rules Committee

 Corrective Order to Rule Change 2006(18)
Chapter 29
Colorado Rules of Criminal Procedure

VI. Trial
Rule 26. Evidence

In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by law.

Rule 26.1. Determination of Foreign Law
[No Change]

Rule 26.2. Written Records
[Repealed]

Repealed November 9, 2006, effective January 1, 2007.

Rule 27. Proof of Official Record
[Repealed]

Repealed November 9, 2006, effective January 1, 2007.

Rule 26.2 and Rule 27 are correctly incorporated into the Rules of Criminal Procedure March 8, 2007, effective immediately.

By the Court:

Alex J. Martinez, Justice
Colorado Supreme Court


Colorado Supreme Court Rules Committee

Notice of Public Written Comment re New Rule to C.R.Civ.P., Chap. 18,
Rules Governing Admission to the Bar, Rule Change 2007, Rule 223.
Pro Bono/Emeritus Attorney, Comments due 06/01/2007, 5:00 p.m.

The Colorado Supreme Court proposes to approve new Rule 223. Pro Bono/Emeritus Attorney. Written comments with an original and eight copies on the proposed new rule should be filed with the Clerk of the Colorado Supreme Court, Susan J. Festag, at Two East 14th Avenue, Denver, Colorado 80203, no later than 5:00 p.m, Friday June 1, 2007. If adopted by the Court, the rule would become effective July 1, 2007.

By the Court:
J. Gregory Hobbs, Jr., Justice
Colorado Supreme Court 4/26/2007


Rule 223. Pro Bono/Emeritus Attorney

Statement of Purpose. To provide a licensing status to allow retired or inactive attorneys to provide pro bono legal services to the indigent through nonprofit entities as defined in part 1, below.

(1) A pro bono/emeritus attorney may, under the auspices of a Colorado nonprofit entity whose purpose is or includes the provision of pro bono legal representation to indigent or near-indigent persons, act as legal counsel on behalf of a person seeking representation through such entity.

(2) To act in such a capacity the pro bono/emeritus attorney must be either:

(a) An attorney admitted to practice law in Colorado who:

(i) is now on inactive status;

(ii) is in good standing;

(iii) has no pending disciplinary proceeding; and

(iv) -will not receive compensation of any kind for the legal services rendered; or

(b) An attorney not admitted to practice in Colorado who meets the following conditions:

(i) is licensed to practice law and is on active or inactive status in another jurisdiction in the United States;

(ii) is in good standing in all courts and jurisdictions in which he or she is admitted to practice;

(iii) has no pending disciplinary proceeding;

(iv) agrees to be subject to the Colorado Rules of Professional Conduct, the rules of procedure regarding attorney discipline and disability proceedings, and the remedies set forth in C.R.C.P. 234(a);

(v) limits his or her practice to acting as pro bono counsel as set forth in this rule and will not receive compensation of any kind for the legal services rendered hereunder; and

(vi) completes the application described herein and pays a one-time administrative fee of $50.00, payable to The Clerk of the Colorado Supreme Court and collected by the Attorney Registration Office. The application shall contain:

(A) A certification that the attorney agrees to the provisions of paragraphs (2)(b)(iv) & (v), above; and

(B) A certification that the attorney is in good standing in all courts and jurisdictions in which he or she is admitted to practice, and has no pending disciplinary proceeding in any jurisdiction.

(c) An attorney approved under this rule shall be assigned a certification number, which shall be used to identify the attorney’s status as a pro bono/emeritus attorney.

(3) All fees collected by the Attorney Registration Office under this rule shall be used to fund the Attorney Regulation System.

(4) Pro bono/emeritus attorneys shall not be required to pay annual registration fees

(5) All pro bono/emeritus attorneys shall annually file a registration statement on or before February 28 of each year identifying the organized nonprofit entity or entities for which the attorney is volunteering.

(6) This Rule shall not preclude a nonprofit entity from receiving court-awarded attorney fees for representation provided by a pro bono/emeritus attorney and shall not preclude a pro bono/emeritus attorney from receiving reimbursement for expenses incurred in representing a pro bono client.


United States Bankruptcy Court
for the District of Colorado

Amended General Procedure Order 2001-7
In the Matter of Revised Guidelines for Preparation and Submission of
Creditor Address Mailing Matrix

This matter arises upon the need to provide revised guidelines for the preparation and submission of creditor address mailing matrices in a format more conducive to entry into the court’s electronic database, and more specifically, submission via computer optical disk or floppy diskette in lieu of paper. Accordingly, effective May 1, 2007, it is

ORDERED that the Instructions Regarding BANCAP Creditors Matrix appearing in the Appendix to the Local Bankruptcy Rules dated September 1, 1999, are hereby superseded by the attached Appendix effective May 1, 2001.

Dated: March 26, 2007

By the Court:

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


 Third Amended General Procedure Order 2001-8
In the Matter of Implementation of
Mandatory Electronic Filing Procedures for Regular Filers

WHEREAS the Federal Rules of Procedure (Civil Rule 5(e), Bankruptcy Rules 5005(a)(2), 7005, 8008, 9011 and 9029) provide that a court may establish practices and procedures for the filing, signing and verification of documents by electronic means; and

WHEREAS, recommendations regarding administrative policies and procedures for filing, signing and verifying documents by electronic means have been tendered to the court by various focus groups consisting of judges, attorneys, practitioners, court personnel, and experts in related subject matter areas; and

WHEREAS, proposed Administrative Procedures for Electronic Case Files (ECF Procedures) based upon those focus group recommendations have been reviewed by the court; and

WHEREAS, the ECF Procedures are consistent with and further the responsibility of the clerk for the control of the court’s docket pursuant to Fed.R.Bankr.P 5003 and 5005, including safeguarding the integrity of the court’s docket, pursuant to the provisions of the Case Management/Electronic Case Files (CM/ECF) system of the United States Courts; and

WHEREAS, the ECF Procedures provide a means for the signature on documents through a secure mechanism for the creation and issuance of individual passwords; and

WHEREAS, the ECF Procedures provide adequate means for the filing, review and retrieval of documents by parties who are not able to access CM/ECF from a remote location; it is therefore

ORDERED that:

In lieu of filing petitions, pleadings and other papers conventionally in paper format as prescribed in Local Bankruptcy Rule 904 and other rules, attorneys who file, on average, one or more documents per week and other Electronic Filers authorized by the Court shall file documents in an electronic format. Attorneys who file, on average, fewer than one document per week may, at their discretion, file documents in an electronic format. Except as otherwise provided in Paragraph II.A.7. of the Amended Administrative Procedures for Electronic Case Files, all documents filed with the Court, either electronically or via paper format, shall be converted to and stored as electronic documents. The electronic files, consisting of the images of documents filed in cases or proceedings and documents filed by electronic means, shall constitute the official record of the court together with any other records kept by the clerk. The Court may, in any matter at any time, request that a copy of a document be submitted to the judge in paper format.

The ECF Procedures attached hereto as Exhibit A (Amended Administrative Procedures for Electronic Case Files) are approved and shall apply to all attorneys who file, on average, one or more documents per week. To the extent feasible, the ECF Procedures shall also apply to all documents filed in this Court, whether such documents are filed electronically or by way of paper format.

The use of an attorney’s password to file a document electronically shall constitute the original signature of that attorney for purposes of Fed.R.Bankr.P. 9011.

Each attorney, law firm or other person that obtains a password for electronic filing shall be responsible for its security and use. No attorney, law firm or other person shall knowingly permit or cause to permit an Electronic Filer’s password to be utilized by anyone other than an authorized member, employee or agent of the Electronic Filer’s law firm.

The request for and receipt of a CM/ECF password from the court shall constitute a request for electronic service pursuant to Fed.R.Bankr.P. 9036 of all notices, orders, decrees and judgments issued by the court, and except as otherwise provided in the ECF Procedures, a waiver of the right to receive notice and service from the court by mail. Electronic Filers will receive electronic notification of notices, orders, decrees and judgments in cases where they enter their appearance.

The electronic filing of a document in accordance with the ECF Procedures shall constitute entry of that document on the docket kept by the clerk pursuant to Fed.R.Bankr.P. 5003.

All orders, decrees, judgments and proceedings of the court shall, in accordance with the ECF Procedures, be entered on the docket kept pursuant to Fed.R.Bankr.P. 5003 and for the purposes of Fed.R.Bankr.P. 9021.

To the extent that this order or the ECF Procedures is inconsistent with the Local Bankruptcy Rules and Forms for the District of Colorado dated December 1, 1999, this order and the ECF Procedures shall have precedence.

This order or the ECF Procedures may be amended or superseded by amendments to the Local Bankruptcy Rules and Forms for the District of Colorado as the court deems necessary.

This order shall become effective on May 1, 2007, and shall apply to all cases and proceedings pending on or filed after that date.

Dated: March 26, 2007

By the Court:

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


Amended General Procedure Order Number 2003-4
In the Matter of Procedures for the Privacy of Court Records,
Including the Receipt and Safeguarding of Debtors’ Social Security Numbers

THIS MATTER arises sua sponte upon the need to promulgate procedures on the privacy of court records and public access to electronic court files as necessary to conform to revisions to the Federal Rules of Bankruptcy Procedure effective December 1, 2003. Accordingly, it is

ORDERED that effective May 1, 2007, the following provisions shall become effective for all petitions, pleadings and other documents filed in bankruptcy cases and adversary proceedings:

A. The amendments to Rule 1007, Fed.R.B.P. shall be applicable to all bankruptcy petitions, pleadings and documents tendered for filing in the Bankruptcy Court for the District of Colorado;

B. All petitions tendered for filing shall contain only the last four digits of individual debtor Social Security Number provided, however, that in the event a petition is tendered for filing that bears the entire Social Security Number of the debtor, the Clerk shall file said petition as tendered without taking any action to redact the first five digits of the Social Security Number;

C. All voluntary petitions in individual debtor cases shall be accompanied by the filing of

1. Official Form 21, Statement of Social Security Number, in conventional paper format only in substantial conformity with Exhibit 1 attached hereto; or

2. Petitions that are filed electronically, Official Form 21, in substantial conformity with Exhibit 1 attached hereto, using the proper secured event to prevent public access to the form;

D. Receipt of the Statement of Social Security Number shall be entered on the docket, but shall not be available for public inspection at the court or over the Internet;

E. The Clerk shall install software provided by the Administrative Office of the U. S. Courts that will permit the debtors’ full Social Security Numbers to appear on copies of the notice of the meeting of creditors that is mailed to creditors and other interested parties appearing in the Creditors Address Matrix, but will permit only the last four digits of the number to appear on the notice of the meeting of creditors that is attached to the affidavit of service on file with the Court;

F. Wage creditors shall disclose only the last four digits of their Social Security Number on Official Form 10, Proof of Claim;

G. The official caption of all notices, pleadings, documents, notices and orders shall not include any reference to the debtors’ Social Security Numbers except that

1. Notices of the meeting of creditors that are mailed to creditors shall include the Social Security Numbers as prescribed in paragraph E. above;

2. Discharges, notices of dismissal, and notices of possible dividend shall include only the last four digits of the debtors’ Social Security Numbers; and

3. Upon order, any other notice or order shall include only the last four digits of the debtors’ Social Security Numbers;

H. It shall be the responsibility of the filer, and not the Clerk, to redact Social Security Numbers and other personal identifiers such as dates of birth, financial account numbers, and names of minor children in documents they file with the court, including copies of financial documents attached as exhibits to papers tendered for filing with the court; and

I. When filing the petition electronically, the electronic filer shall include the debtor’s full Social Security Number when opening a case, but shall include only the last four digits on the petition PDF.

IT IS FURTHER ORDERED that in the event the Form 21 Statement of Social Security Number is not submitted to the Clerk at the time of filing of the petition pursuant to paragraph C.1. above, the meeting of creditors can not be properly scheduled and, therefore, the Clerk shall not accept the petition for filing.

IT IS FURTHER ORDERED that to the extent the Local Bankruptcy Rules, Local Bankruptcy Forms, and Third Amended General Procedure Order 2001-8 and the Amended Administrative Procedures for Electronic Case Files attached thereto, conflict or are inconsistent with the provisions of this Order, this Order shall take precedence and the requirements of said Local Bankruptcy Rule, Local Bankruptcy Form, Third Amended General Procedure Order 2001-8 and the Amended Administrative Procedures for Electronic Case Files attached thereto shall not apply.

Dated: March 26, 2007

By the Court:

Howard R. Tallman, Chief Judge
Sidney B. Brooks, Judge
A. Bruce Campbell, Judge
Elizabeth E. Brown, Judge
Michael E. Romero, Bankruptcy Judge


Colorado Judicial Department
Chief Justice of the Supreme Court Directives

Notice of Availability

A full set of the Chief Justice Directives may be purchased from the Colorado Judicial Department for $15, which includes copying, handling, and postage costs. Checks should be made payable to Colorado Judicial Department and should be mailed to: Court Services Division, Office of the State Court Administrator, 1301 Pennsylvania St., #300, Denver, CO 80203. Individual Chief Justice Directives will be assessed a $5 charge, pursuant to Chief Justice Directive 96-01, concerning standard research fees. Chief Justice Directives also are available from the Colorado Supreme Court homepage at: http://www.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; or visit http://www.colorado.gov/dpa/doah.


Chief Justice Directive 98-01
Income Eligibility Guidelines Table
Revised March 2007

B. Criteria for Indigency

An applicant qualifies for waiver of court costs in civil cases if his or her financial circumstances meet either set of criteria described below.

1. Income is at or below guidelines/Liquid assets equal $0 to $1,500

• If the applicant’s income is at or below the income eligibility guidelines (see the "Monthly Income Guideline" and "Yearly Income Guideline" columns in the chart below) and he or she has liquid assets of $1,500 or less, as determined on form JDF 205, the applicant is indigent and eligible for waiver of court costs in civil cases.

2. Income is up to 25% above guidelines/Liquid assets equal $0 to $1,500/Monthly expenses equal or exceed monthly income

• If the applicant’s income is up to 25% above the income eligibility guidelines (see the "Monthly Income Guideline plus 25%" and "Yearly Income Guideline plus 25%" columns in the chart below); the applicant has assets of $1,500 or less; and the applicant’s monthly expenses equal or exceed monthly income, as determined on form JDF 205, the applicant is indigent and eligible for waiver of court costs.

INCOME ELIGIBILITY GUIDELINES

Family Size

Monthly Income
Guideline*

Monthly Income
Guideline plus 25%

Yearly Income
Guideline

Yearly Income Guideline
plus 25%

1

$ 1,064

$ 1,329

$ 12,763

$ 15,953

2

$ 1,426

$ 1,783

$ 17,113

$ 21,391

3

$ 1,789

$ 2,236

$ 21,463

$ 26,828

4

$ 2,151

$ 2,689

$ 25,813

$ 32,266

5

$ 2,514

$ 3,142

$ 30,163

$ 37,703

6

$ 2,876

$ 3,595

$ 34,513

$ 43,141

7

$ 3,239

$ 4,048

$ 38,863

$ 48,578

8

$ 3,601

$ 4,501

$ 43,213

$ 54,016

____________________

* 125% of poverty level as determined by the Department of Health and Human Services

For family units with more than eight members, add $363 per month to "monthly income" or $4,350 per year to "yearly income" for each additional family member.

Source: FEDERAL REGISTER (72FR3147-01, 2007)


Chief Justice Directive 04-04
Attachment B
Revised March 2007

 Family
Size

Monthly
Income

Monthly Income*
plus 10%

Monthly Income
plus 75%

Yearly
Income

Yearly Income*
plus 10%

Yearly Income
plus 75%

1

$ 1,064

$ 1,170

$ 1,862

$ 12,763

$ 14,039

$ 22,334

2

$ 1,426

$ 1,569

$ 2,496

$ 17,113

$ 18,824

$ 29,947

3

$ 1,789

$ 1,968

$ 3,131

$ 21,463

$ 23,609

$ 37,559

4

$ 2,151

$ 2,366

$ 3,764

$ 25,813

$ 28,394

$ 45,172

5

$ 2,514

$ 2,765

$ 4,400

$ 30,163

$ 33,179

$ 52,784

6

$ 2,876

$ 3,164

$ 5,033

$ 34,513

$ 37,964

$ 60,397

7

$ 3,239

$ 3,563

$ 5,668

$ 38,863

$ 42,749

$ 68,009

8

$ 3,601

$ 3,961

$ 6,302

$ 43,213

$ 47,534

$ 75,622

____________________

* 125% of poverty level as determined by the Department of Health and Human Services

For family units with more than eight members, add $363 per month to "monthly income" or $4,350 per year to "yearly income" for each additional family member.

Source: FEDERAL REGISTER (72FR3147-01, 2007)


Chief Justice Directive 04-05
Income Eligibility Guidelines
Revised March 2007

1. Income is up to 25% above guidelines/Liquid assets equal $0 to $1,500/Monthly expenses equal or exceed monthly income

• If the applicant’s income is up to 25% above the income eligibility guidelines; the applicant has assets of $1,500 or less; and the applicant’s monthly expenses equal or exceed monthly income, as determined on form JDF 208, the applicant is indigent and eligible for court-appointed counsel or guardian ad litem representation.

In cases where the criteria above are not met but extraordinary circumstances exist, the court may find the applicant indigent. In such cases, the court shall enter a written order setting forth the reasons for the finding of indigency.

INCOME ELIGIBILITY GUIDELINES

Family
Size

Monthly Income
Guideline*

Monthly Income
Guideline plus 25%

Yearly Income
Guideline

Yearly Income Guideline
plus 25%

1

$ 1,064

$ 1,329

$ 12,763

$ 15,954

2

$ 1,426

$ 1,783

$ 17,113

$ 21,391

3

$ 1,789

$ 2,236

$ 21,463

$ 26,829

4

$ 2,151

$ 2,689

$ 25,813

$ 32,266

5

$ 2,514

$ 3,142

$ 30,163

 $ 37,704

6

$ 2,876

$ 3,595

$ 34,513

$ 43,141

7

$ 3,239

$ 4,048

$ 38,863

$ 48,579

8

$ 3,601

$ 4,501

$ 43,213

$ 54,016

____________________

* 125% of poverty level as determined by the Department of Health and Human Services

For family units with more than eight members, add $363 per month to "monthly income" or $4,350 per year to "yearly income" for each additional family member.

Source: FEDERAL REGISTER (72FR3147-01, 2007)


Chief Justice Directive 04-06
Procedures for the Determination of Eligibility for Court-Appointed Counsel
and Guardian ad Litem Representation on the Basis of Indigency
Revised March 2007

Indigency Determination

Persons requesting court-appointed representation to be paid by the state on the basis of indigency must complete, or have completed on their behalf, application form JDF 208 ("Application for Court-Appointed Counsel or Guardian ad Litem") signed under oath, before such an appointment may be considered by the court. Form JDF 208 must be completed for the appointment of counsel at state expense in all cases except mental health cases under Title 27 in which the respondent refuses to or is unable to supply the necessary information and where the court appoints a GAL for a judicial bypass proceeding pursuant to § 12-37.5-107(2)(b).

Procedures for the Determination of Indigency

The following procedures are used for applicants in cases addressed in CJD 04-06.

Completion of Form JDF 208 by Applicant

Persons applying for state-paid counsel or guardian ad litem representation must complete, or have completed on their behalf, the Application for Court-Appointed Counsel, form JDF 208, and submit it to the court.

Review of Financial Information by Court Personnel

Court personnel shall review the applicant’s information on form JDF 208 to determine whether or not the applicant is indigent on the basis of three factors:

  • Income 1
  • Liquid assets2
  • Expenses3

Criteria for Indigency

An applicant qualifies for court-appointed counsel or guardian ad litem representation on the basis of indigency if his or her financial circumstances meet either set of criteria described below.

1. Income is at or below guidelines /Liquid assets equal $0 to $1,500

• If the applicant’s income is at or below the income eligibility guidelines and he or she has liquid assets of $1,500 or less, as determined on form JDF 208, the applicant is indigent and eligible for court appointed counsel or guardian ad litem representation at state expense.

2. Income is up to 25% above guideline/Liquid assets equal $0 to $1,500/Monthly expenses equal or exceed monthly income

• If the applicant’s income is up to 25% above the income eligibility guidelines; the applicant has assets of $1,500 or less; and the applicant’s monthly expenses equal or exceed monthly income, as determined on form JDF 208, the applicant is indigent and eligible for court appointed counsel or guardian ad litem representation.

In cases where the criteria above are not met but extraordinary circumstances exist, the court may find the applicant indigent. In such cases, the court shall enter a written order setting forth the reasons for the finding of indigency.
__________

1. Income is gross income from all members of the household who contribute monetarily to the common support of the household. Income categories include: wages, including tips, salaries, commissions, payments received as an independent contractor for labor or services, bonuses, dividends, severance pay, pensions, retirement benefits, royalties, interest/investment earnings, trust income, annuities, capital gains, Social Security Disability (SSD), Social Security Supplemental Income (SSI),Workers’ Compensation Benefits, Unemployment Benefits, and alimony. NOTE: Income from roommates should not be considered if such income is not commingled in accounts or otherwise combined with the applicant’s income in a fashion that would allow the applicant proprietary rights to the roommate’s income.

Gross income shall not include income from TANF payments, food stamps, subsidized housing assistance, veterans benefits earned from a disability, child support payments or other assistance programs.

2. Liquid assets include cash on hand or in accounts, stocks, bonds, certificates of deposit, equity, and personal property or investments that could be readily converted into cash without jeopardizing the applicant’s ability to maintain home and employment.

3. Expenses for nonessential items such as cable television, club memberships, entertainment, dining out, alcohol, cigarettes, etc., shall not be included. Allowable expense categories are listed on form JDF 208.

INCOME ELIGIBILITY GUIDELINES

Family
Size

Monthly Income
Guideline*

Monthly Income
Guideline plus 25%

Yearly Income
Guideline

Yearly Income Guideline
plus 25%

1

$ 1,064

$ 1,329

$ 12,763

$ 15,953

2

$ 1,426

$ 1,783

$ 17,113

$ 21,391

3

$ 1,789

$ 2,236

$ 21,463

$ 26,828

4

$ 2,151

$ 2,689

$ 25,813

$ 32,266

5

$ 2,514

$ 3,142

$ 30,163

 $ 37,703

6

$ 2,876

$ 3,595

$ 34,513

$ 43,141

7

$ 3,239

$ 4,048

$ 38,863

$ 48,578

8

$ 3,601

$ 4,501

$ 43,213

$ 54,016

____________________

* 125% of poverty level as determined by the Department of Health and Human Services

For family units with more than eight members, add $363 per month to "monthly income" or $4,350 per year to "yearly income" for each additional family member.

Source: FEDERAL REGISTER (72FR3147-01, 2007)


Chief Justice Directive 05-01
Directive Concerning Access to Court Records
April 27, 2005

The purpose of this directive is to provide reasonable access to court records while simultaneously ensuring confidentiality in accordance within existing laws, policies and procedures. In addition, this directive is intended to: provide direction to Judicial Branch personnel, promote the accuracy and validity of the information in court records that is released to the public, and provide guidance regarding the content of the Judicial Branch websites.

A public access committee has been created to recommend policies and procedures as necessary to facilitate the release of and provide for the accuracy of court records while protecting the privacy interests of persons about whom information exists. The committee also recommends policies and procedures for the cost recovery of making court records available to the public and standards for Judicial Branch websites. Requests to inspect or obtain copies of court records of the Judicial Branch shall be made pursuant to the procedures identified in the policy. The policy procedures shall govern the completion of court record requests.

The policy and procedures recommended by the committee may be adopted as an order of the Colorado Supreme Court by the Justice appointed by the Chief Justice as chair of that committee. This policy shall be entitled "Public Access to Court Records," and shall be available to Judicial Branch personnel and to the public. The policy may be amended in the same manner as provided for its adoption.

This directive supersedes Chief Justice Directive 98-05.

Done at Denver, Colorado this 27th day of April 2005.

By the Court:

Mary J. Mullarkey, Chief Justice
Colorado Supreme Court


Chief Justice Directive 07-02
Pilot Project to Provide Authority to District Court Magistrates in
Denver County Sitting in the Specialized Court to Impose Sentences
to Probation on Felony Matters
March 22, 2007

Whereas, the Colorado Constitution, Article VI, Section 19 provides that the organization and administration of the county court of the City and County of Denver shall be as provided in the charter and ordinances of the City and County of Denver; and

Whereas, the Chief Judge in Denver District Court does not have supervisory authority over the county court in Denver County; and

Whereas, the jurisdiction of county courts in the state of Colorado includes concurrent jurisdiction with the district courts to admit persons to bail and to conduct certain proceedings in felony cases, pursuant to § 13-6-106(b), C.R.S., but this does not include imposing sentence in a felony case; and

Whereas, felony cases in Denver County are filed in Denver County Court where bond is set, preliminary proceedings are conducted, and dispositional hearings are held; and

Whereas, the City of Denver recently provided funds to Denver County for the provision of services for a specialized court to adjudicate persons arrested for and charged for offenses related to the illegal possession and distribution of controlled substances; and

Whereas, the judicial officer assigned to that specialized court is a district court magistrate, under the supervision of the chief judge of the district court. The authority of the district court magistrate includes the ability to take pleas, impose terms of deferred sentences, and impose sentences on persons convicted of misdemeanor offenses; and

Whereas, the specialized court is designed to adjudicate cases meeting certain criteria within days of arrest at the second appearance date where defendants have counsel, have reviewed police reports, and have been offered a plea agreement; and

Whereas, in some percentage of the cases assigned to this specialized court defendants will be offered plea bargains that include a plea to a felony offense with a sentence to probation stipulated to by the prosecution and the defendant, and this sentence, if imposed by the court, would be imposed immediately upon the plea without the necessity of conducting a presentence investigation; and

Whereas, in a circumstance where the defendant indicates an intent to plead guilty to a felony, the case would be bound over immediately to the district court before the plea is entered and the stipulated sentence to probation was imposed by the court, but would remain in the specialized court for immediate sentencing as a district court case and by the district court magistrate; and

Whereas, the judicial officer retains authority to reject a stipulated sentence at which time the case would no longer be processed in the specialized court and the case shall be remanded to the county court for processing as all other cases; and

Whereas, because providing authority to impose sentences to probation by agreement of the parties would reduce unnecessary case processing and reduce delay; and

Whereas, current rules of the Supreme Court concerning the authority of district court magistrates do no allow for the imposition of a sentence in a felony case,

NOW THEREFORE, the court orders that district court magistrates assigned to the specialized docket and hearing matters assigned to that docket as part of the specialized docket be permitted, with consent of the parties, to impose probation with the agreement of the parties following a guilty plea to a felony offense.

This order is temporary and is applied only to Denver County, pending a report on the efficacy of the specialized court and any impact this order has on the efficient operation of the court. Upon receipt and review of that report, this court will determine whether to continue this grant of authority.

The order expires March 1, 2009.

Done at Denver, Colorado this 22nd day of March 2007.

By the Court:

Mary J. Mullarkey, Chief Justice
Colorado Supreme Court


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