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TCL > February 2010 Issue > Court Business

February 2010       Vol. 39, No. 2       Page  93
From the Courts

Court Business

Visit the related court’s website for complete text of rule changes or proposed rule changes issued by the court. Each court’s website includes corresponding forms, which are not printed in Court Business, and versions with highlights of revisions (deletions and additions). Material printed in Court Business appears as submitted by the court and has not been edited by the staff of The Colorado Lawyer.


Colorado Supreme Court Rules Committee

Rule Change 2009(20)
Appendix A to Chapter 27, Colorado Probate Code Forms

The following amended Colorado Probate Code Forms are available at www.courts.state.co.us/Forms/Subcategory.cfm/Category/Probate (click on "All Probate Instructions and Forms").

AMENDED FORMS

JDF 731: Receipt and Release

JDF 783: Petition Requesting Colorado to Accept Guardianship/Conservatorship

JDF 787: Petition to Transfer Guardianship/Conservatorship from Colorado to Receiving State

JDF 812: Notice of Appointment of Guardian and/or Conservator

JDF 824: Petition for Appointment of Guardian for Minor

JDF 825: Consent of Parent

JDF 826: Consent or Nomination of Minor

JDF 827: Order Appointing Guardian for Minor

JDF 835: Petition for Termination of Guardianship—Minor

JDF 841: Petition for Appointment of Guardian for Adult

JDF 848: Order Appointing Guardian for Adult

JDF 853: Notice of Death

JDF 861: Petition for Appointment of Conservator for Minor

JDF 862: Order Appointing Conservator for Minor

JDF 876: Petition for Appointment of Conservator for Adult

JDF 877: Order Appointing Special Conservator—Adult or Minor

JDF 878: Order Appointing Conservator for Adult

JDF 888: Petition for Termination of Conservatorship

JDF 889: Waiver of Hearing, Waiver of Final Conservator’s Report, Waiver of Audit and Approval of Schedule of Distribution

JDF 920: Petition for Formal Probate of Will and Formal Appointment of Personal Representative Notice and Order Closing Estate After Three Years

JDF 930: Certificate of Ancillary Filing—Decedent’s Estate

JDF 971: Notice and Order Closing Estate After Three Years

NEW FORM

JDF 970: Response to Notice and Order Closing Estate After Three Years

Amended and Adopted by the Court, En Banc, December 10, 2009, effective immediately.


Rule Change 2010(01)
Chapter 17A—Practice Standards and Local Court Rules
Rule 121. Local Rules—Statewide Practice Standards
Amended

§ 1-1—Entry of Appearance and Withdrawal.

1. [No change]

2. Withdrawal from an Active Case.

(a) [No change]

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

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

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

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

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

(V) if the client is not a natural person, that it must be represented by counsel in any court proceedings unless it is a closely held entity and first complies with Section 13-1-127, C.R.S.; and

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

3. [No change]

4. [No change]

Amended by the Court, En Banc, January 7, 2010, effective immediately.

By the Court:

Nancy E. Rice
Justice, Colorado Supreme Court


Rule Change 2010(02)
Chapter 17—Court Proceedings: Sales Under Powers
Rule 120. Orders Authorizing Sales Under Powers
Amended

(a) [No change]

(b) Notice; Contents; Service. The moving party shall issue a notice describing the instrument containing the power of sale, the property sought to be sold thereunder, and the default or other facts upon which the power of sale is invoked. The notice shall also state the time and place set for the hearing and shall refer to the right to file and serve responses as provided in section (c), including a reference to the last day for filing such responses and the addresses at which such responses must be filed and served. The notice shall contain the following advisement: "If this case is not filed in the county where your property is located, you have the right to ask the court to move the case to that county. Your request may be made as a part of your response or any paper you file with the court at least five days before the hearing." The notice shall contain the return address of the moving party. Such notice shall be served by the moving party not less than 15 days prior to the date set for the hearing, by mailing a true copy thereof to each person named in the motion (other than persons for whom no address is stated) at the address or addresses stated in the motion and by filing a copy with the clerk and by delivering a second copy to the clerk for posting by the clerk. Such mailing and delivery to the clerk for posting shall be evidenced by the certificate of the moving party or moving party’s agent. For the purpose of this section, posting may be electronic on the court’s public website so long as the electronic address for the posting is displayed conspicuously at the courthouse.

(c) – (h) [No change]

Amended by the Court, En Banc, January 7, 2010, effective immediately.

By the Court:

Nancy E. Rice
Justice, Colorado Supreme Court


Colorado Judicial Department
Chief Justice of the Supreme Court Directives

Notice of Availability

Chief Justice Directives (CJDs) are available online at www.courts.state.co.us/Courts/Supreme_Court/Directives/Index.cfm. The website lists CJDs by date and allows users to search by topic. Hard copies of the CJDs are available for $.25 per page (approximately $125 for a full set) and may be obtained by contacting the Colorado Office of the State Court Administrator, 1301 Pennsylvania St., Ste. 300, Denver, CO 80203.

Publication in The Colorado Lawyer

CJDs will be published on a space-available basis in this "Court Business" section of The Colorado Lawyer. Attachments may be omitted for space reasons. To obtain a copy of attachments, contact: Court Services Division, Colorado Office of the State Court Administrator, 1301 Pennsylvania St., Ste. 300, Denver, CO 80203; or visit www.courts.state.co.us/Courts/Supreme_Court/Directives/Index.cfm.


CJD 99-02
Coding Related to Public Safety, Resource Utilization, and Management
(Data Integrity)

The following policy is intended to make the entry of critical data into the Judicial Department’s automated case management information system accurate and consistent in all judicial districts. It is the responsibility of chief judges, district administrators, and chief probation officers to make sure that the standards set forth in this directive are implemented in their respective districts.

The accurate entry of certain data, including the use of proper codes, into the case management system is essential to achieve the following important purposes:

a. Protecting the public;

b. Requesting and allocating FTE for courts and probation departments;

c. Tracking and managing caseloads; and

d. Sharing data and information among other government and criminal justice agencies.

This directive is divided into four sections. The first section specifies the coding standards that the various courts and probation departments must use. These are essential to achieve the purposes set forth above. The second section specifies the assessment process that the State Court Administrator’s Office is to use in order to evaluate each district’s adherence to these standards. The third section requires the State Court Administrator to adopt administrative procedures assuring implementation of these standards. This includes the authority to consider compliance with these standards when allocating judicial resources including positions, personal services, and operating funds. The fourth section establishes a notification procedure to allow courts and probation departments to correct improper coding in a timely and effective fashion.

1. Critical codes and data entry procedures

Among the hundreds of codes and data entry standards within the case management system there are certain codes and procedures that are critical for achieving the purposes set forth above. The statewide coding standards are contained in the Trial Court Resource Manual and the Probation Statistical Coding Manual.

It is the responsibility of the State Court Administrator’s Office to maintain the Probation Statistical Coding Manual and the Trial Court Resource Manual. The Trial Court Resource Manual includes information that was previously contained in the Public Safety, Resource Utilization and Management: Critical Coding Procedures; The Trial Court Statistical Definition & Coding Manual; and the Clerk’s Manuals. These manuals will be updated on an ongoing basis and maintained on the intranet for the Colorado Judicial Department. The State Court Administrator, or designee, shall establish a process for answering questions from the districts regarding the proper use of codes as identified in these manuals. This includes proper filing practices and other business issues related to the use of codes.

2. Assessment of coding practices

The State Court Administrator, or designee, will assess how well districts are complying with the coding standards through trial court operation reviews, probation program reviews, or other assessment procedures. The State Court Administrator, or designee, will provide courts and probation departments with assistance to bring local coding practices in line with state standards. The State Court Administrator, or designee, should include representatives from the courts and probation when the coding practices are assessed.

4. Implementation of coding procedures

The State Court Administrator, or designee, shall adopt administrative procedures that will assure compliance with the standards required under this CJD, including the authority to consider such compliance when allocating judicial resources. The State Court Administrator or designee may consult with representatives from the following administrative standing committees: Planning & Analysis, Judicial Business Integrated with Technology (TINTS), and the Probation Advisory Committee. These committees, through their representatives, may from time to time recommend critical coding standards relating to public safety, resource utilization, and management to be used statewide, review the results of the various assessments, and make recommendations to assure the use of such standards in the courts and probation departments. Such recommendations may include factoring coding variations into the allocation process, training, assessment techniques, and other suggestions that will further the implementation of standardized coding.

4. Notification

So that districts will have the opportunity to correct improper coding practices promptly, the State Court Administrator, or designee, shall establish a procedure to notify courts and probation departments of the proper coding standards, the results of the assessment, and the impact such practices may have on the allocation of resources.

CJD 99-02 is amended and adopted as of the date signed. Done at Denver this 7th day of December, 2009.

By the Court:

Mary J. Mullarkey
Chief Justice, Colorado Supreme Court

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