The Colorado Supreme Court proposes to approve amendments to C.R.C.P. Chapter 22, Professional Corporations, Rule 265. Professional Companies; and Appendix to Chapters 18–20, C.R.P.C. Rules 1.0, Terminology, and 5.4, Professional Independence of a Lawyer. An original and eight copies of the written comments on the proposed amended rules should be filed with Susan J. Festag, Clerk of the Colorado Supreme Court, at 2 E. 14th Ave., Denver, CO 80203, no later than 5:00 p.m., July 15, 2008.
Nancy E. Rice
Justice, Colorado Supreme Court
(a) Rendering Legal Services Through a Professional Company. One or more attorneys who are licensed to practice law in Colorado may render legal services in Colorado through a professional company, as that term is defined in Section (e), provided that such professional company is established and operated in accordance with the provisions of this Rule and the Colorado Rules of Professional Conduct.
(1) Professional Company Name. The name of the professional company shall comply with the provisions of the Colorado Rules of Professional Conduct regarding the names of law firms.
(2) Owners’ Liability for Professional Acts, Errors, or Omissions. Each of the owners of the professional company shall be deemed to agree, by reason of the rendering of legal services by any attorney through the professional company, that each of them who is an owner at the time of the commission of any act, error, or omission in the rendering of legal services by any owner or other person for whose acts, errors, or omissions the professional company is liable, assumes, jointly and severally to the extent provided by this Rule, the liability of the professional company for such act, error, or omission. Notwithstanding the preceding sentence, any owner who has not directly participated in the act, error, or omission in the rendering of legal services for which liability is incurred by the professional company does not assume such liability, except as provided in subsection (a)(3)(D), if, at the time the act, error, or omission occurs the professional company has professional liability insurance that meets the minimum requirements stated in subsection(a)(3).
(3) Professional Liability Insurance Policy Requirements. The professional liability insurance contemplated in subsection(a)(2) shall meet the following minimum requirements:
(A) Professional Acts Coverage. The professional liability insurance shall insure the professional company against liability imposed upon it arising out of the rendering of legal services by any attorney through the professional company and against the liability imposed upon it arising out of the acts, errors and omissions of all nonattorney employees assisting in the rendering of legal services by any attorney through the professional company.
(B) Policy Language. The policy or policies for the professional liability insurance may contain reasonable provisions with respect to policy periods, territory, claims, conditions, and other matters.
(D) Deductibles and Defense Costs. The policy or policies for the professional liability insurance may provide for a deductible or self-insured retained amount and may provide for the payment of defense or other costs out of the stated limits of the policy. The liability assumed by each owner of the professional company who has not directly participated in the act, error or omission in the rendering of legal services for which liability is incurred by the professional company shall be the lesser of the actual liability of the professional company in excess of insurance available to pay such damages or the sum of the following:
(II) the amounts, if any, by which the payment of defense costs has reduced the insurance remaining available for the payment of damages incurred by reason of the liability of the professional company below the minimum limit of insurance required by subsection(a)(3)(C).
(E) Determination of Coverage. An act, error, or omission in the rendering of legal services shall be deemed to be covered by professional liability insurance for the purpose of this Rule if the policy or policies include such act, error, or omission as a covered activity, regardless of whether claims previously made against the policy have exhausted the aggregate top limit for the applicable time period or whether the individual claimed amount or ultimate liability exceeds either the per claim or aggregate top limit.
(F) Limitation of Vicarious Liability. The liability assumed by the owners of a professional company under this Rule is limited to the liability of the professional company for acts, errors, or omissions incurred in the rendering of legal services by any owner or other person for whose acts, errors, or omissions the professional company is liable and shall not extend to any other liability incurred by the professional company. Liability, if any, for any and all acts, errors, and omissions, other than acts, errors, or omissions incurred in the rendering of legal services by any owner or other person for whose acts, errors, or omissions the professional company is liable, shall be as otherwise provided by law and shall not be changed, affected, limited, or extended by this Rule.
(b) Compliance With Rules of Professional Conduct. Nothing in this Rule shall be deemed to diminish or change the obligation of each attorney rendering legal services through a professional company to comply with the Colorado Rules of Professional Conduct promulgated by this Court.
(c) Violation of Rule; Termination of Authority. Any violation of or failure to comply with any of the provisions of this Rule by the professional company may be grounds for this Court to terminate or suspend the right of any attorney who is an owner of such professional company to render legal services in Colorado through a professional company.
(d) Professional Company Constituencies. A professional company may have one or more owners that are professional companies, so long as each such owner that is a professional company and the professional company of which they are owners are both established and operated in accordance with the provisions of this Rule.
(e) "Professional Company" Defined. For purposes of this Rule, a professional company is a corporation, limited liability company, limited liability partnership, limited partnership association, or other entity that may be formed under Colorado law to transact business or any entity that can be formed under the law of any other jurisdiction and through which attorneys may render legal services in that jurisdiction, except that the term excludes a general partnership that is not a limited liability partnership and excludes every other entity the owners of which are subject to personal liability for the obligations of the entity.
(c) "Firm" or "law firm" denotes a partnership, professional company, or other entity or a sole proprietorship through which a lawyer or lawyers render legal services; or lawyers employed in a legal services organization or the legal department of a corporation or other organization.
. . .
(g) "Partner" denotes a member of a partnership, an owner of a professional company, or a member of an association authorized to practice law.
(g-1) "Professional company" has the meaning ascribed to the term in C.R.C.P. 265.
. . .
Rule 5.4. Professional Independence of a Lawyer
(a) A lawyer or law firm shall not share legal fees with a nonlawyer, except that:
(b) A lawyer shall not form a partnership with a nonlawyer if any of the activities of the partnership consist of the practice of law.
(c) A lawyer shall not permit a person who recommends, employs, or pays the lawyer to render legal services for another to direct or regulate the lawyer’s professional judgment in rendering such legal services.
(d) A lawyer shall not practice with or in the form of a professional company, if
(e) A lawyer shall not practice with or in the form of a professional company except in compliance with C.R.C.P. 265.
(f) For purposes of this Rule, a "nonlawyer" includes(1) a lawyer who has been disbarred,(2) a lawyer who has been suspended and who must petition for reinstatement,(3) a lawyer who has been immediately suspended pursuant to C.R.C.P. 251.8 or 251.20(d),(4) a lawyer who is on inactive status pursuant to C.R.C.P. 227(A)(6), and(5) a lawyer who, for a period of six months or more, has been(i) on disability inactive status pursuant to C.R.C.P. 251.23 or(ii) suspended pursuant to C.R.C.P. 251.8.5, 227(A)(4), 260.6, or 251.8.6.
. . .
Comment to Rule 5.4. Professional Independence of a Lawyer
 The provisions of this Rule express traditional limitations on sharing fees. These limitations are to protect the lawyer’s professional independence of judgment on behalf of the lawyer’s client. Moreover, since a lawyer should not aid or encourage a nonlawyer to practice law, the lawyer should not practice law or otherwise share legal fees with a nonlawyer. This does not mean, however, that the pecuniary value of the interest of a deceased lawyer in the lawyer’s firm or practice may not be paid to the lawyer’s estate or specified persons such as the lawyer’s spouse or heirs. In like manner, profit-sharing retirement plans of a lawyer or law firm which include nonlawyer office employees are not improper. These limited exceptions to the rule against sharing legal fees with nonlawyers are permissible since they do not aid or encourage nonlawyers to practice law. Where someone other than the client pays the lawyer’s fee or salary, or recommends employment of the lawyer, that arrangement does not modify the lawyer’s obligation to the client. As stated in paragraph(c) such arrangements should not interfere with the lawyer’s professional judgment on behalf of the lawyer’s client. A lawyer should, however, make full disclosure of such arrangements to the client; and if the lawyer or client believes that the effectiveness of lawyer’s representation has been or will be impaired thereby, the lawyer should take proper steps to withdraw from representation of the client.
 To assist a lawyer in preserving independence, a number of courses are available, For example, a lawyer may practice law in the form of a professional company, if in doing so the lawyer complies with all applicable rules of the Colorado Supreme Court. Although a lawyer may be employed by a business corporation with nonlawyers serving as directors or officers, and they necessarily have the right to make decisions of business policy, a lawyer must decline to accept direction of the lawyer’s professional judgment from any nonlawyer. Various types of legal aid offices are administered by boards of directors composed of lawyers and nonlawyers. A lawyer should not accept employment from such an organization unless the board sets only broad policies and there is no interference in the relationship of the lawyer and the individual client the lawyer serves. Where a lawyer is employed by an organization, a written agreement that defines the relationship between the lawyer and the organization and provides for the lawyer’s independence is desirable since it may serve to prevent misunderstanding as to their respective roles. Although other innovations in the means of supplying legal counsel may develop, the responsibility of the lawyer to maintain the lawyer’s professional independence remains constant, and the legal profession must insure that changing circumstances do not result in loss of the professional independence of the lawyer.
 As part of the legal profession’s commitment to the principle that high quality legal services should be available to all, lawyers are encouraged to cooperate with qualified legal assistance organizations providing prepaid legal services. Participation should at all times be in accordance with the basic tenets of the profession: independence, integrity, competence, and devotion to the interests of individual clients. A lawyer so participating should make certain that a relationship with a qualified legal assistance organization in no way interferes with the lawyer’s independent professional representation of the interests of the individual client. A lawyer should avoid situations in which officials of the organization who are not lawyers attempt to direct lawyers concerning the manner in which legal services are performed for individual members, and should also avoid situations in which considerations of economy are given undue weight in determining the lawyers employed by an organization or the legal services to be performed for the member or beneficiary rather than competence and quality of service. A lawyer interested in maintaining the historic traditions of the profession and preserving the function of a lawyer as a trusted and independent advisor to individual members of society should carefully assess those factors when accepting employment by, or otherwise participating in, a particular qualified legal assistance organization, and while so participating should adhere to the highest professional standards of effort and competence.
United States Bankruptcy Court for the District of Colorado
In the Matter of Forms of Communication Not in Violation of the Automatic Stay
General Procedure Order No. 2008-1
THIS MATTER arises sua sponte upon the need to direct that, to the greatest degree possible, the routine flow of information from secured creditors to debtors continue post-petition with respect to secured loans constituting consumer debt (as that term is defined by 11 U.S.C. § 101(8)), in each bankruptcy case where the debtor retains possession of the collateral and continues to make regular installment payments directly to the secured creditor. Accordingly, it is
ORDERED THAT the following communication and issuance of monthly statements are declared appropriate and not a violation of the automatic stay:
1. Permissible contact with the debtors. Creditors who provide account information or monthly statements under this General Procedure Order will not be found to have violated the automatic stay by doing so. Secured creditors may contact the debtors about the status of insurance coverage on property that is collateral for the creditor’s claim, may respond to inquiries and requests for information about the account from debtors, and may send the debtor statements, payment coupons, or other correspondence that the creditor sends to its non-debtor customers, without violating the automatic stay, provided none of these communications includes an attempt to collect the debt. Permissible forms of communication are those which are sent to debtors by creditors in the ordinary course of business, to the address that the debtor last provided to the creditor by agreement between the debtor and the creditor. In order for communication to be protected under this General Procedure Order, the communication must indicate it is provided for information purposes and does not constitute a demand for payment.
2. Manner of contacting debtors. Permissible communications may be transmitted via electronic mail, facsimile, United States Postal Service, commercial communications carrier, or such other mode as is mutually acceptable to the parties.
Dated: March 13, 2008
By the Court:
Howard R. Tallman, Chief Bankruptcy Judge
Sidney B. Brooks, Bankruptcy Judge
A. Bruce Campbell, Bankruptcy Judge
Elizabeth E. Brown, Bankruptcy 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: 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 www.colorado.gov/dpa/doah.
Chief Justice Directive 05-03
Management Plan for Court Reporting and Recording Services
Amended February 2008
An accurate record of all court proceedings is an essential requirement of due process of law and is required by Article VI and Article II, Section 25 of the Colorado Constitution.
This plan is adopted to promote the effective use of court reporters and electronic record operators (ERO) in the Colorado Judicial Branch and is applicable to all official court reporters, all personnel, and contract court reporters or transcribers employed by the Judicial Branch or under contract with the Judicial Branch.
The preferred method of making an accurate record of court proceedings is with the assistance of a realtime certified court reporter; therefore all proceedings conducted before a district court judge may be reported by a court reporter using a stenograph machine on a "realtime" basis. Proceedings can be recorded by an electronic record operator using digital electronic sound recording equipment. This provision shall in no way prohibit a judge or magistrate from operating the equipment needed to make an accurate record of any proceeding. Realtime court reporting is the standard in Colorado courts.
The Office of the State Court Administrator (SCAO), as funding allows, shall examine the expansion of the state case management system to allow for information sharing and transfer of information between the AUTOMATED CASE MANAGEMENT SYSTEM and the various court reporter reporting systems. The SCAO also shall consider attaching electronic text files directly to court cases stored in the AUTOMATED CASE MANAGEMENT SYSTEM
Pursuant to this directive, the chief judge of each judicial district shall determine which methods of recording court proceedings are to be used based upon current economic issues, availability of reporters, and other relevant factors.
I. Responsibilities of Chief judge
A. Prioritization of Reported vs. Recorded Cases
Each district shall establish a case-type priority that shall be reported, if district resources permit, by court reporters except as otherwise noted below. For example, such a priority listing would allow for electronic recording of uncontested domestic hearings, some probate matters or other case types that are unlikely to be appealed. Under this scenario, a court reporter would be used for all felony matters, all district civil court (CV) and jury trials, termination of parental rights trials and water cases, if available or economically feasible within the district’s budget.
B. Prioritization of Felony Cases
When a judicial district assigns a court reporter to report a proceeding which requires the taking of testimony in a class one or two felony case, the court reporter shall be Registered Professional Reporter (RPR) or realtime certified. Districts without RPR or realtime certified court reporters should contact other districts for assistance.
C. Supervision of Court Reporters/Recorders
The chief judge is ultimately responsible for the administration of any court reporting services in her or his district as well as the timeliness of the production of transcripts whether on appeal or for other purposes. This responsibility may be delegated at the discretion of the chief judge.
1. All reporters (current and future) shall be employees under the direction and management of the chief judge of each district. Some of the functions assigned to the chief judge may be delegated, but the chief judge has the ultimate authority and responsibility for the supervision of court reporters and the implementation and enforcement of this plan.
2. All court reporters, except managing court reporters, shall be non-exempt from the Fair Labor Standards Act and shall provide on a monthly basis to their supervisors timesheets of hours worked each workweek.
3. The chief judge shall ensure that all judges provide court reporters regularly scheduled breaks during the work day.
4. The chief judge shall have the sole authority to assign or reassign court reporters and electronic recorder operators to courtrooms as necessary and appropriate in his or her discretion.
5. The chief judge shall have the authority to hire and designate court reporters and electronic recorder operators (including contract staff); however, each chief judge shall develop policies and procedures for hiring that include the district judges and any staff designated by the chief judge. In districts where court reporters or electronic recorder operators will be primarily assigned to a particular district judge, the chief judge shall include that district judge in the hiring process; however, the chief judge shall make the ultimate hiring decision.
6. The chief judge shall have the sole authority to reassign, correct, discipline or terminate court reporters and electronic recorder operators.
7. The chief judge shall be the ultimate supervisor of the district’s managing court reporter, if appointed. This duty to supervise the district’s managing court reporter may be delegated, in part by the chief judge. The person supervising the managing court reporter shall have duties that include but are not limited to the following:
a. Reviewing state-paid transcript billings to assure that authorized transcript rates are charged and in proper form. (See Appendix A for rates and Appendix C for information required to be included on all billings.)
b. Monitoring the timeliness of the transcription of the record, or such parts thereof, as a judge, party or attorney may request. This applies to the transcript being prepared by a court reporter, transcriber, or outside firm preparing transcripts on behalf of the court.
c. Monitoring transcripts produced by transcription services to assure compliance with the transcript format and fee requirements of this Chief Justice Directive (CJD) or applicable contract.
d. Preserving the audio (tape or digital or other electronic) records, court reporter transcripts or notes according to the current Colorado Judicial Department Retention and Disposition Schedules.
D. Managing Court Reporter
1. Each district with two or more court reporters shall have a managing court reporter selected in a manner designated by the chief judge, or the chief judge shall assign these duties to administrative staff.
2. Districts may elect to rotate the responsibilities of the managing court reporter among all reporters on a regular basis.
3. The managing court reporter shall be an exempt employee under the supervision of the chief judge or designee.
4. The managing court reporter shall be responsible to:
a. Assign and reassign court reporters and EROs within the district for the purpose of distributing fairly and equitably the workload and transcript preparation of all court reporting services and transcribers, with goals of minimizing travel and assuring the lowest overall cost to the Judicial Branch and State of Colorado.
b. Supervise the business relationship among attorneys, litigants, other parties, and court reporters/EROs /transcribers.
c. Develop a form to monitor and keep a record of transcript orders and requests and, if necessary, tape and /or digital recording orders and requests made in district court. In larger districts this portion of the workload may be distributed between the managing court reporter and other administrative staff.
d. Coordinate any transcript requests involving court reporters who no longer work for the Judicial Branch or work in another district.
e. Report to the chief judge on a monthly basis any late or deficient transcripts.
f. Maintain certification records for all court reporters within a district.
g. Hire substitute court reporters. Court reporters may not hire substitute reporters at their own expense. All substitutes must be hired by the district administrator or designee at the state’s expense. The district administrator and substitute court reporters shall execute contracts before performing services.
h. Generate the appellate query of late transcripts and provide a report to the chief judge or designee on a monthly basis.
E. Cross-Training and Backup
To assure that the needs of the judicial district are met, the chief judge or designee shall provide cross-training for the EROs and court reporters so that they can perform work for any division. EROs and court reporters may be assigned to cover other division work as may be necessary.
II. COURT REPORTER RESPONSIBILITIES
A. RPR Certification
1. All court reporters hired shall be RPR or realtime certified unless the district is unable to hire an acceptable certified reporter within three months of posting the position. If the district hires a non-certified reporter, that reporter must become RPR certified within two years of hire. Non-certified reporters may be used on a per case basis if certified reporters are not available.
2. All certified court reporters must maintain certification by completing three continuing education units (CEUs) every three years and maintaining certification status with National Court Reporter’s Association NCRA.
3. Current Colorado State Reporters (CSRs) must obtain RPR certification within two years of the signing of this CJD as amended.
4. Current court reporters that are non-certified upon signing of this CJD as amended shall have two years to obtain certification and will be placed on a two-year performance plan to assist the reporter in obtaining certification.
5. Failure to maintain RPR or realtime certification may be grounds for corrective or disciplinary action in accordance with the Colorado Judicial System Personnel Rules.
B. Realtime Certification
Realtime reporting can help to alleviate the problems of late transcripts; assist trial judges in deciding issues faster by seeing and keeping the realtime notes for review and having text files for their use for the preparation of their orders; allow reporters to get the bulk of transcript work done as they are reporting; and enable all reporting staff to be at the same or similar level of skill. Therefore:
1. All current RPR certified court reporters shall become realtime certified by July 1, 2011.
2. All current non-certified court reporters shall become realtime certified by July 1, 2012.
3. RPR certified court reporters hired after the effective date of this CJD as amended shall become realtime certified within four years of their date of hire by the Judicial Branch.
4. Non-certified court reporters hired after the effective date of this CJD as amended shall become realtime certified within five years of their date of hire by the Judicial Branch.
5. Court reporters who are able to perform realtime services may attain official status as a Colorado Certified Realtime Reporter by meeting one of the two following requirements:
a. Pass the NCRA Certified Realtime Reporter (CRR) test, which among other things, requires completion at 96 percent accuracy or
b. Take the NCRA CRR test and complete it at 94 percent accuracy (the Colorado standard).
c. A court reporter who fails to meet these requirements within the time limits provided, who is otherwise an exemplary court reporter and has made significant efforts to become RPR or realtime certified may petition the State Court Administrator for extraordinary relief.
C. Conduct of Court Reporter
1. The court reporter shall present himself or herself to the judge in charge of the proceedings in accordance with the assignment made by the chief judge or designee.
2. The reporter shall observe, comply with, and be bound by all of the assigned judge’s instructions in matters affecting the composition of the record, the marking of exhibits and maintenance of the evidence, the public or private nature of the proceeding, the adjournment of the proceeding to other times or places, the appropriate demeanor of the reporter, and other like matters.
3. The court reporter shall report by appropriate equipment all of the proceedings that he or she attends.
4. The court reporter shall take all the testimony, rulings, exceptions, oral instructions, and other proceedings during the trial of any cause, and in such causes as the court may designate.
D. Records to be Maintained by Court Reporters
1. In order to permit the routine audit and inspection of records, court reporters shall maintain accurate, legible, and up-to-date records of their transcript requests, transcript orders, invoices, transcript payments, expenses, and attendance in court.
2. Such records shall be maintained on forms prescribed by the State Court Administrator’s Office. The chief judge may inspect these forms at any time during normal business hours.
3. Extension of time for transcripts must be obtained from the court pursuant to the appropriate rule. The chief judge shall be advised in writing by the reporter or transcriber at any time the reporter or transcriber requests an extension of time on any transcript. These written records shall be maintained at the direction of the chief judge. Court reporters shall provide the chief judge and designee a copy of any request for an extension to provide an appellate record prior to submitting the affidavit to the appellate court.
III. Electronic Recording Operators Responsibilities
A. Conduct of Electronic Record Operator
1. The ERO shall present himself or herself to the judge in charge of the proceedings in accordance with the assignment made by the chief judge or designee.
2. The ERO shall observe, comply with, and be bound by all of the assigned judge’s instructions in matters affecting the composition of the record, the marking of exhibits and maintenance of the evidence, the public or private nature of the proceeding, the adjournment of the proceeding to other times or places, the appropriate demeanor of the ERO(s), and other like matters.
3. The ERO shall record with appropriate equipment all of the proceedings that he or she attends.
4. The ERO shall record all the testimony, rulings, exceptions, oral instructions, and other proceedings during the trial of any cause, and in such causes as the court may designate.
B. Records to be Maintained by EROs
1. In order to permit the routine audit and inspection of records, EROs shall maintain accurate, legible, and up-to-date records of their transcript requests, transcript orders, invoices, transcript payments, expenses and attendance in court.
2. Such records shall be maintained on forms prescribed by the State Court Administrator’s Office. The chief judge may inspect these forms at any time during normal business hours.
A. Persons Authorized to Prepare Transcripts from Electronic Recordings
1. Contract transcript service companies may prepare transcripts, as determined by each judicial district policy.
2. If a judicial district enters into an agreement with a transcript service company, such contract must be in the format prescribed by the State Court Administrator.
3. Non-court reporter Judicial Branch employees shall not be allowed to transcribe court transcripts outside working hours unless they are a member of an independent contracting firm that provides contract transcript services as a company that has been selected by the district to do transcripts. This is in compliance with the requirements of the Fair Labor Standards Act, PERA rules, and IRS regulations regarding the issuance of a 1099 and W-2 to the same employee.
4. If non-court reporter Judicial Branch employees prepare transcripts from electronic recordings during established working hours, this task shall be included in the individual’s normal work assignment and compensation and such individual shall not be paid the per-page rate. (§13-5-128, C.R.S.)
1. Transcripts requested by judges
a. Judicial Branch court reporters and other employees who prepare transcripts as part of their regular duties shall provide transcripts requested by and used only by the judge or magistrate who presided over the matter or the chief judge and shall not be paid the transcript page rate in addition to their regular salary. These employees shall be allowed to prepare transcripts requested by judicial officers during work hours.
b. Court reporters and transcribers who are not Judicial Branch employees shall be considered "substitutes" and shall be compensated the state-paid transcript rate to prepare a transcript requested by and used only by the judge or magistrate who presided over the matter or the chief judge. The judicial district shall be responsible for compensation of the "substitute" court reporter or transcriber.
2. State-Paid Transcripts
a. State-paid transcripts are all transcripts requested by judicial officers, the district attorney, public defender, Office of the Child’s Representative, pro se indigent or advisory counsel representing an indigent client, Alternate Defense Counsel and state-paid respondents’ attorneys in dependency and neglect cases.
b. Judicial Branch court reporters and other employees who prepare transcripts as a normal part of their job and compensation shall be allowed to prepare state-paid transcripts during work hours. Copy costs for state-paid transcripts are eliminated and the per-page cost is $2.35. The court reporter shall provide a state-purchased disk or may email a PDF or other word-searchable protected version of the transcript to an attorney or party requesting a copy of a transcript.
3. Private-Paid Transcripts
a. Private-paid transcripts are all transcripts requested by all parties, attorneys, media and entities not listed in 2 (a) above.
b. Judicial Branch court reporters and other employees who prepare transcripts shall not be allowed to use state time, equipment, supplies or copiers to prepare private-paid transcripts; except that a court reporter may prepare private-paid transcripts during regular working hours in the following circumstances:
1) Criminal transcripts requested by non-state paid attorneys
2) Juvenile court transcripts requested by non-state paid attorneys
3) Transcripts prepared for cases on appeal
4) Transcripts of an oral ruling of a trial court ordered for the preparation of the written order at the request of the trial court.
c. The per page rate is $2.35. The copy rate of $.50 per page is allowed for private-paid transcripts.
4. Non-Appellate Transcripts
The full price may be charged only if the transcript is delivered within the contract’s required time frame, including any extensions that have been authorized by the chief judge.
5. Appellate Transcripts
The full price may be charged only if the transcript is delivered within the time frame prescribed by the chief judge of the district court or the appellate court. A transcript delivered within the time allowed by a timely extension granted for good cause pursuant to CAR 11(a) and (d) is entitled to full payment. The appellate court may extend the due date for a transcript and order the reduced rate if the "good cause" requirement is not met. (See Appendix D for computation of transcript delivery dates and reductions in per page rates for late transcripts.)
C. Hourly or Daily Transcripts
Unless otherwise ordered by the trial judge assigned to the case, there shall be no hourly or daily transcripts delivered to any party or attorney. If any person desires such services, he or she must seek permission of the court to have a realtime court reporter present for a hearing or trial.
D. Unedited Transcripts
The use of an unedited transcript as a working document shall be permitted if allowed and approved by the trial judge and the court reporter, or as permitted by rule such as CAR 3.4(e)(6). Such transcript shall not be the official record of the court unless so certified by the court reporter. The rate for the unedited transcript is $1.00 per page. Pursuant to CAR 3.4 the reporter may require a signed waiver of liability for any errors in the unedited transcript.
E. Ordering of Transcripts, Tapes or Digital Recording Disks
Each district shall determine and post on the Colorado Judicial Branch website a policy that outlines the procedures for that particular district for ordering of transcripts, tapes or digital recording disks.
1. Transcripts may be ordered from the court following the procedure below:
a. The requesting party should use the request forms for transcript of a hearing or trial approved by the State Court Administrator. Blank forms can be procured from the clerk of the court or district administrator as set forth by each district. The completed form should be sent to the address listed on the form for the appropriate district.
b. Persons ordering transcripts will be contacted directly by the court reporter or transcriber concerning payment of the appropriate fees. Transcripts will not be started and the time limits stated for delivery of transcripts will not commence until satisfactory arrangements are made with the transcriber for the payment of required fees.
c. It is the requestor’s responsibility to properly pay or obtain a court order approving waiver of the fees in ordering of the transcripts. The requestor also must obtain and the reporter or transcriber must produce a dated receipt for the payment. This is to avoid any dispute as to the date, manner of payment and whether payment has in fact been made.
2. Copies of all or part of tapes or digital records (CD-ROM) may be ordered in those districts that are able to provide this service. The court may, based upon each district policy, reproduce tapes or create CDs on its own duplicating equipment and may sell copies of electronic sound recording tapes made. The district may sell a whole or partial copy of the proceeding if available on CD, disk or tape to the public at the prevailing rate prescribed by this CJD. The rate shall be that rate in effect at the time of ordering.
a. Orders for copies should be submitted to the court on the request forms for tapes or CDs approved by the SCAO. Blank forms can be obtained from the clerk of the court or district administrator as set forth by each district. The completed form should be sent to the address that is listed on the form for the appropriate district.
b. Copies of tapes or CDs shall not be used as the official record for purposes of appeal, motions or other court proceedings. Only certified transcripts by reporters or authorized transcribers shall be used as the official records of court proceedings.
c. In those districts that do not provide this service, parties shall request a transcript using the procedure outlined in IV(E)(1) above.
3. Districts shall not accommodate requests to listen to recorded proceedings (tapes or CDs).
F. Standards for the Production of Transcripts
The following standards apply to the production of all transcripts for Colorado courts:
1. All transcripts shall be produced in the format required by this CJD. (Appendix B)
2. No court reporter/transcriber employed by the Judicial Branch shall charge fees for transcripts of official proceedings that exceed those set forth in this CJD, except as approved by the chief judge in writing for extraordinary circumstances.
3. Each court reporter/transcriber is required to certify on each invoice that the fees charged and page format used conform to this CJD.
4. If transcripts of proceedings are prepared by contract transcription services and paid for by the state:
a. All format, delivery time schedule, and fee requirements adopted by this CJD apply as if the transcript was produced by one of the court’s reporters or other judicial branch employee unless the contract entered into provides otherwise.
The transcriber designated to transcribe the proceedings recorded by electronic sound recording must authenticate the original transcript and each copy with a certification on the last page. For example, "I (we) certify that the foregoing is a correct transcript from the electronic sound recording of the proceedings in the above-entitled matter. Signature of transcriber and date]. Each transcriber may charge and collect fees for transcripts requested at rates prescribed by this CJD.
5. Appellate transcripts may be provided in electronic format as part of an electronic record submitted pursuant to CAR 10 and 11. In criminal cases, an electronic transcript may be provided as part of an electronic record where the record is due on or after September 1, 2007.
G. Time Limits for Delivery of Transcripts
1. Original transcripts ordered by judicial officers shall be provided to the judicial officer within the time prescribed by the order.
2. All transcripts of official proceedings prepared for the purpose of appeal shall be delivered to the ordering party, if a copy is requested, and the original filed with the clerk of court within the prescribed time limits of the Colorado Appellate Rules.
3. Extension of time for appellate transcripts must be sought from the court pursuant to the appropriate rule. The chief judge shall be advised in writing by the reporter or transcriber at any time the reporter or transcriber requests an extension of time on any transcript. These written records shall be maintained at the direction of the chief judge.
H. Distribution of Transcripts
1. At the request of the ordering party, a non-appellate transcript may be provided in electronic format, if the reporter or transcriber agrees.
2. For state-paid transcripts, the court reporter shall provide the one transcript on a state-purchased disk which is PDF or other word searchable protected format to the party requesting a copy of a transcript. Replacement or additional CD-ROM copies shall be made available in accordance with the fee structure below for both state-paid and private-paid requests. The intent of this provision is for only one state agency to pay for the transcript; therefore, copy costs for state-paid copy requests shall not apply. If the state agency requests the first copy, copy costs for private parties shall be charged as provided in Appendix A.
3. Any requests by private parties for transcripts involving state agencies, as delineated in IV(B)(2)(a), including requests from the media, must be forwarded to the district administrator and chief judge who shall make the decision as to whether any other entity shall receive an electronic copy prior to the court reporter agreeing to arrangements for the provision of an electronic copy. No court reporter or transcriber shall create a distribution list for anyone other than parties or attorneys of record.
4. The appellate courts will direct all requesting parties to the appropriate court reporter or transcriber to obtain a copy of the transcript and collect the fees described in Appendix A. This does not preclude the appellate courts from making transcripts available in a view only format at the court.
V. OWNERSHIP, CUSTODY, USE, RETENTION AND FILING OF THE NOTES AND ELECTRONIC RECORDINGS
1. The notes of all court reporters:
a. shall remain property of the Judicial Branch controlled by the chief judge or designee to ensure transcripts may be prepared by another reporter, if and when necessary;
b. shall be retained by the appropriate court for a period prescribed by the Colorado Judicial Department Retention and Disposition Schedules; AND
c. are not public records.
2. The work of all court reporters shall be readable and shall remain in the ultimate control of the chief judge or designee so that another reporter, if necessary, can read the notes of a court reporter.
3. Each court reporter shall be required to sign a statement (Appendix E) recognizing the ownership of the notes and recognition of the dictionary provision below.
a. When a court reporter leaves the employment of the Judicial Branch, the court reporter shall provide the chief judge with paper or electronic notes and a copy of their dictionary for the cases they have done while a state employee.
b. The court reporter leaving employment with the branch shall be given a first right of refusal regarding preparation of any outstanding transcripts on those cases so long as she or he provides the district with the reporter’s address, phone number and other contact information and keeps that information current with the district administrator and chief judge.
c. In the event that another court reporter must prepare any such outstanding transcripts, that court reporter shall not use the departing court reporter’s dictionary for any purpose other than preparation of the outstanding transcripts.
4. During the trial or the taking of other matters on the record, the paper or electronic notes shall be considered the property of the Judicial Branch, even though in custody of the reporter, judge or clerk.
5. After the trial and review or appeal period, the reporter shall list, date and index all of her or his notes and shall properly pack them for storage. Where no reporter is used, the clerk of the court or ERO, if one exists, shall perform this function.
6. The court shall provide storage containers and make arrangements for storing such records.
7. There shall be no additional charges for securing the record of a proceeding and for transporting the record to the clerk of court. The costs of these services are included in the schedule of rates for transcripts.
8. During the period of retention, paper or electronic notes shall be made available to the reporter of record, or to any other reporter or person the court may designate.
9. An electronic PDF or other word-searchable protected format version of any final transcripts prepared in all criminal and juvenile cases by any court reporter or transcriber shall be filed with the court.
10. Copies of these transcripts may be obtained from the court reporter at the customary rate.
11. The court may provide additional copies of these state-paid transcripts without any additional expense to the attorney general, district attorney, public defender, Office of the Child’s Representative, pro se indigent or advisory counsel representing an indigent client, Alternate Defense Counsel and state-paid respondents’ attorneys in dependency and neglect cases. If a court reporter is no longer a full-time, part-time or contract employee of the Judicial Branch, individuals may obtain copies of these transcripts at the rate set forth in the Colorado Judicial Department Fiscal Rules by contacting the district administrator of the district.
VI. TRANSCRIPT BACKLOGS
The chief judge or designee is authorized to take necessary steps to reduce backlog transcript, tape, or disk copy production delays. Such steps may include, but are not necessarily limited to the following:
1. Adjusting the workload of the court reporter or transcriber to reduce backlogs.
2. Terminating a contract with an outside vendor of transcription services and/or adding contract vendors of transcription services.
Chief Justice Directives 98-07 and 85-10 and the Chief Justice Order Public Access to Tapes of County Court Procedures (April 17, 1991) are hereby repealed and replaced by CJD 05-03.
CJD 05-03 is revised and adopted effective February 15, 2008.
Done at Denver, Colorado this 27th day of February 2008.
By the Court:
Mary J. Mullarkey
Chief Justice, Colorado Supreme Court
Note: 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: www.colorado.gov/dpa/doah.
Chief Justice Directive 08-02
Directive Concerning Assessment of Cost Recovery Fees for
Maintaining the Technical Infrastructure Necessary to Support
Electronic Access to Court Records
Whereas, the Judicial Department (hereinafter Department) has moved to electronic transmission of documents and court records for the efficient operation of the Colorado State Court system, including probation;
Whereas, that electronic transmission costs the Department to maintain equipment and network connections necessary to facilitate the sharing of information;
Whereas, the general fund appropriation for the hardware replacement line in the budget of the Department was eliminated in FY 2003, with the expectation that the funds for hardware replacement in FY 2004 and beyond would otherwise be acquired through cost recovery and fees; and
Whereas, the Department has instituted various cost recovery fees which have provided the cash funding required for hardware replacement for the Department.
Now, therefore, it is ordered that these cost recovery fees are set administratively such that the revenue generated from the fees approximates the direct and indirect costs of hardware replacement and other expenses to maintain the equipment and network connections necessary for the use of the Department’s computer information system by the public and other agencies.
I. Access fees for private probation
Private probation providers under contract to provide services to the Colorado Judicial Department to supervise certain offenders sentenced by the court to probation pay a fee in order to access and enter data into the court computerized data management system. See Attachment A for the fee chart
II. Public Access to Court Records
The public can obtain electronic access to certain court records through the internet. The cost for this service to the public varies from vendor to vendor and may depend on volume purchases from the vendor. See Attachment A for the fee chart.
III. E-filing of Court Documents
A. District Court
The Department contracts with a private vendor to provide E-Filing of court documents in certain cases in the District Court. The private vendor charges a fee per transaction for filing only, and a fee for online service. The vendors may charge additional fees for expedited delivery, alerts or any number of premium services defined by contract. See Attachment A for fee chart.
B. County Court
The Department contracts with a private vendor to provide E-Filing of court documents in certain cases in the County Court. The private vendor charges a flat fee per case for filing only, and an additional fee per case for online service. The vendors may charge additional fees for expedited delivery, alerts or any number of premium services defined by contract. See Attachment A for the fee chart.
IV. Drug Treatment Providers, Municipal Courts, and Other Organizations authorized to access data in the court management system.
Certain treatment providers and governmental agencies have access to the court’s computerized data management system for purposes of data entry, query or for use as a court data management system (e.g., Municipal Courts). See Attachment A for the fee chart.
Done at Denver, Colorado this 29th day of February 2008.
By the Court:
Mary J. Mullarkey
Chief Justice, Colorado Supreme Court
Source of fee
Amount of fee to
|Access fee for Private Probation
||Set up fee: $750
Monthly fee per every active client under supervision: $2.50
|Public access to court records
||Fee per single search: $0.75
||Single searches cost between $5.00 and $6.75 which includes the fee to judicial department|
|E-Filing of Court Documents in District Court
||Fee per e-filing transaction: $0.85
Fee per electronic service: $0.85
|Fee per e-filing transaction: $4.85 which includes the fee to the judicial department |
Fee per online service: $6.35 which includes the fee to the judicial department
|E-Filing of Court Documents in County Court
||Fee per case filed: $0.85
Fee for online service: $0.85
|Fee per case: $6.85 which includes the fee to the judicial department|
Fee per online service: $6.35 which includes the fee to the judicial department
|Access to case management system for other agencies
||Annual fee: $750 for up to three devices
Fee of $250 for every additional device
Chief Justice Directive 08-03
Information Technology Hardware/Software Policy
The purpose of this CJD is to establish a comprehensive and accurate inventory of computer hardware and software, to ensure that equipment installed complies with standards, and to ensure that neither the hardware nor software pose a threat to the security or integrity of the information on the Judicial Department’s computer systems and that network and infrastructure performance are not impaired. These standards promote the efficient use of the budgetary resources of the Judicial Department as made available by the State Legislature. To accomplish these objectives, the following standards and procedures are established.
I. HARDWARE/SOFTWARE STANDARDS
A. The Chief Information Officer (CIO) or designee will identify the make, model, specifications and manufacturers of all IT related hardware and software deployed in the Judicial Department, including but not limited to PCs, tablets/laptops, printers (local and system), monitors, scanners, multi-function devices, switches, hubs, wireless access points, servers, digital recorders and cameras, other miscellaneous peripheral equipment. JBITS staff will work with the local administrative authority to identify specialty IT solutions to ensure there are no compatibility issues or security issues when attached to the Judicial Department network.
B. The hardware and software specifications will be published on the Judicial Department’s intranet site (Judicialnet).
C. Hardware or software that is not compliant with the published standards will not be supported or otherwise maintained by JBITS staff, and will not be connected to the Judicial Department network. JBITS staff will work with the local administrative authority to bring existing equipment into compliance. Equipment not in compliance can be used until the warranty expires. Once the warranty expires, the equipment will be assessed by JBITS staff and replaced if necessary to comply with established standards. All IT equipment, whether connected to the Judicial Department network or not, must be recorded in the Judicial Department’s Support Center Inventory System.
D. JBITS staff will collaborate with local administrative authorities (or their delegates) to determine specific hardware configurations to be acquired, installed, and maintained, considering what type and how many pieces of equipment should be installed for specific users and groups of users.
E. Only JBITS staff is authorized to install hardware/software or connect hardware/software to the Judicial Department network. Local JBITS computer technicians must verify that any hardware or software exists in the inventory system before they can proceed with installation/maintenance of a device or connect a device to the Judicial Department network.
F. Software licenses and original software media will be maintained by the Inventory/Procurement Officer (IPO) at JBITS.
G. An employee of the Judicial Department will be assigned a single CPU device. Variations to this allocation will consider other workstation requirements like CPUs attached to receipt printers, local facility layout, staff functions, geography, the ADA, and other appropriate business related factors. Laptops/tablets will be accompanied by as many docking stations and associated peripheral devices as necessary. For those employees who work out of more than one office, such as probation officers, JBITS staff will provide additional docking stations as necessary for existing users. Purchase of the necessary docking stations for new employees will be considered part of the new employee budget allocation.
H. The JBITS budget used to purchase and support hardware is limited both in terms of staff and capital outlay dollars. Therefore, JBITS staff will collaborate with the local administrative authority to determine the funding of agreed-upon purchases where, for example, installation of a large number of devices may require upgrades to infrastructure equipment and networks which may be purchased with shared funding.
I. Any local purchase of hardware must include the local purchase of appropriate software acquisitions as determined by JBITS staff.
J. When a Judicial Department employee is initially issued IT hardware that can be used off of State property, that employee will sign a receipt for that hardware and will sign a form upon the final return of the hardware to the Judicial Department. This activity will be recorded in the Judicial Department’s Support Center Inventory System. Local and regional JBITS computer technicians shall establish and monitor sign-out/sign-in procedures for use of portable shared devices, such as laptops, assigned to judicial districts.
K. With the exception of portable devices, Judicial Department hardware/software should not be located in employees’ houses. Should an exception to this rule be necessary, JBITS staff cannot make house-site visits to support that equipment. If the equipment malfunctions, the equipment must be brought to the nearest location where a JBITS regional technician can resolve the problem.
L. All laptop/tablet systems are required to have device tracking software and specific encryption software installed. The cost of this software is incurred by the purchaser of the laptop/tablet.
M. Software licensed to the Judicial Department shall not be installed on personal equipment.
N. Regardless of the source of funding, all hardware and software must be inventoried in the Judicial Department’s Support Center Inventory System in order to ensure compliance with licensing requirements.
O. JBITS staff will only support specific models of PDAs/Blackberries (BBs) which balance functionality and security. The specification of these devices will be posted on Judicialnet. Due to the cost associated with these devices, the Judicial Department limits the number of devices purchased, supported and licensed by the Department. PDAs and BBs that connect to the network must be encrypted and password protected. There are two situations which can exist: (1) Where the Judicial Department funds the purchase of the device, licensing of the device and the monthly ongoing costs of these devices; and (2) Where an individual buys the device themselves and pays for the monthly ongoing costs themselves, but wants to be connected to the Department’s BB server so that they can maintain connectivity to the Department’s Outlook services.
In the first situation, where Judicial Department funds are used to purchase the device and provide monthly services, local administrative authorities are responsible for all costs to purchase and maintain the devices. The decision of who should have a BB paid for with State funds rests with the State Court Administrator. The decision is based on: the number of e-mails an individual receives (i.e., over 10,000 per year); the amount of time an individual is away from their regular work station and access to e-mail (more than four hours a day); and/or the individual’s job status within the Branch and thus the likely need for the individual to be reached for important decisions.
In the second situation, where the BB devices and their associated monthly fees are paid for out of the individual’s personal funds, devices which comport with the specifications posted on Judicialnet may be connected by JBITS staff to the Judicial Department network at the discretion of the local administrative authority, so long as the licensing fee required for the connection is purchased by the local administrative authority exercising the discretion. These personal devices connected to the network must also be encrypted and password protected.
P. JBITS staff is responsible for decommissioning all IT hardware which was properly purchased and recorded in the Judicial Department’s Support Center Inventory System. The decommissioning shall be according to State policies and procedures.
II. CENTRALIZED IT PURCHASING
Jurisdictions which opt to maintain control over locally funded IT acquisitions must forward a copy of all IT related purchase orders to JBITS staff to record the hardware and associated software in the Judicial Department’s Support Center Inventory System. These jurisdictions must still comply with all other provisions in Section 4 of the Accounting and Administrative Fiscal Rules referenced below.
Jurisdictions which opt to have JBITS staff manage the acquisition and deployment of their local IT purchases should use the following procedures in order to comply with the Judicial Department’s Fiscal Rules (CJD 04-02), and to implement the Accounting and Administrative Fiscal Rules (Section 4, Property Management) regarding the acquisition, transfer and disposal of IT property.
A. The local administrative authority will request its IT hardware or software, to be funded through local operating budgets (including grant funds), on Judicialnet. A purchase request guide is on Judicialnet under the topical index. An electronic receipt of the requisition will be forwarded to the requester. The inventory/procurement officer (IPO) will be electronically notified of that on-line request.
B. Absent extraordinary circumstances and requests for specialty IT equipment, the IPO will evaluate all requests to determine compliance with these standards within five working days. This may require collaboration with the local administrative authority to determine the best method for satisfying the local business needs.
C. If the IPO determines that the particular request does not comply with published policy and standards, the IPO will notify the requesting party, in writing, of the reasons the request is not in compliance. Absent agreement between the IPO and the local administrative authority on the request, the local administrative authority may appeal directly to the CIO. If the local administrative authority is not satisfied with the CIO’s opinion, it may appeal to the State Court Administrator. The CIO and State Court Administrator must provide a written response within five working days of an appeal. The decision of the State Court Administrator is final.
D. When a local request for hardware/software is approved, the IPO will prepare an official Judicial Department Purchase Order. The purchase order will include the item(s) description(s), unit price, quantity, grand total cost of purchase, and the district’s COFRS Appropriation and Organization Code.
E. The IPO will forward the purchase order, which will include the exact cost of the transaction, to the local administrative authority. The IPO will also notify the PC coordinators at JBITS when the hardware/software has been ordered so that the local technician can be put on notice to watch for the delivery of the hardware. The hardware/software will be delivered to the local jurisdiction and recorded in the Judicial Department’s Support Center Inventory System by the local JBITS computer technician.
F. The local JBITS computer technician will notify the IPO and the appropriate PC coordinator, in writing, that hardware or software has been received and installed.
G. The IPO will approve purchase order supported invoices for payment and forward to FSD for processing.
H. JBITS staff will publish monthly statistics indicating the amount of time it takes to process each transaction, from the initial request through the installation of the hardware. This statistical report will be presented monthly to the JBITS Standing Committee.
I. The IPO will conduct periodic inventory assessments to ensure the accuracy of the statewide inventory system.
In the event an administrative authority purchases IT or grants a privilege to employees involving authority or use of IT outside the provisions of this CJD, the State Court Administrator shall be notified of the deviation.
Done at Denver, Colorado this 11th day of March 2008.
By the Court:
Mary J. Mullarkey
Chief Justice, Colorado Supreme Court