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TCL > March 2001 Issue > Court Business

March 2001       Vol. 30, No. 3       Page  113
From the Courts
Court Business

Court Business

Colorado Supreme Court Rules Committee

Corrective Order #2 to Rule Change #2000(20)
Colorado Rules of Civil Procedure
Chapter 20. Colorado Rules of Procedure Regarding
Attorney Discipline and Disability Proceedings,
Colorado Attorneys’ Fund for Client Protection,
and Mandatory Continuing Legal Education
and Judicial Education Adopted

Rule 251.13. Alternatives to Discipline

(a) – (b) [No Change]

(c) Diversion Agreement. If an attorney agrees to an offer of diversion as provided by this rule, the terms of the diversion shall be set forth in a written agreement. If the agreement is entered prior to a determination to proceed is made pursuant to C.R.C.P. 251.9, the agreement shall be between the attorney and Regulation Counsel. If diversion is offered and entered after a determination to proceed is made pursuant to C.R.C.P. 251.9 but before authorization to file a complaint, the diversion agreement between the attorney and Regulation Counsel shall be submitted to the committee for consideration. If the committee rejects the diversion agreement, the matter shall proceed as otherwise provided by these Rules. If diversion is offered and entered after a complaint has been filed pursuant to C.R.C.P. 251.14, the diversion agreement shall be submitted to the Presiding Disciplinary Judge or Supreme Court, whichever body before which the matter is pending for consideration. If the diversion agreement is rejected, the matter shall proceed as provided by these Rules.

The agreement shall specify the program(s) to which the attorney shall be diverted, the general purpose of the division, the manner in which compliance is to be monitored, and any requirement for payment of restitution or cost.

(d) – (h) [No Change]

(i) Confidentiality. All the files and records resulting from the diversion of a matter shall not be made public except by order of the Supreme Court. Information of misconduct admitted by the attorney to a treatment provider or a monitor while in a diversion program is confidential if the misconduct occurred before the attorney’s entry into a diversion program.

Rule 251.34. Advisory Committee

(a) – (b)(8) [No Change]

(9) Select one or more peer health assistance programs as designated providers.

The administering entity referred to herein shall be a non-profit entity that is qualified under Section 501(c) of the federal "Internal Revenue Code of 1986," as amended. The administering entity shall distribute the funds collected, less expenses, to the approved designated provider, as directed by the Advisory Committee; and provide an annual accounting to the Advisory Committee of all amounts collected, expenses incurred, and amounts disbursed. The administering entity may recover the actual administrative costs incurred in performing its duties under this rule in an amount not to exceed two percent of the total amount collected.

To be eligible for designation by the Advisory Committee, an attorney’s peer health assistance program shall provide for the education of attorneys with respect to the recognition and prevention of physical, emotional, and psychological problems and provide for intervention when necessary; offer assistance to an attorney in identifying physical, emotional, or psychological problems; evaluate the extent of physical, emotional, or psychological problems and refer the attorney for appropriate treatment; monitor the status of an attorney who has been referred for treatment; provide counseling and support for the attorney and for the family of any attorney referred for treatment; agree to receive referrals from the Advisory Committee or the Regulation Counsel; and agree to make their services available to all licensed Colorado attorneys.

Nothing in this rule shall be construed to create any liability on the Advisory Committee, the administering entity, or the Supreme Court for the actions of the Advisory Committee in funding peer assistance programs, and no civil action may be brought or maintained against the committee, the administering entity, the committee-selected peer assistance program, or the supreme court for an injury alleged to have been the result of the activities of any committee-selected peer assistance program or the result of an act or omission of an attorney participating in or referred by a committee-selected peer assistant program.

(b)(10) [No Change]

This Corrective Order was Adopted on January 8, 2001, nunc pro tunc, effective September 12, 2000.

By the Court:

Rebecca Love Kourlis
Justice, Colorado Supreme Court


Rule Change 2001(1)
Colorado Rules of Criminal Procedure
Chapter 29. Colorado Rules of Criminal Procedure
For All Courts of Record In Colorado
Amended and Adopted

Rule 5. Preliminary Proceedings.

(a) Felony Proceedings.

(1) [No Change]

(2) [No Change]

(3) Appearance in the Court Not Issuing the Warrant. If the defendant is taken before a court which did not issue the arrest warrant, the court shall inform the defendant of the matters set out in subsection (a)(2) of this Rule and, allowing time for travel, set bail returnable not less than ten days thereafter before the court which issued the arrest warrant, and shall transmit forthwith all papers in the case to the court which issued the arrest warrant. In the event the defendant does not make bail within forty-eight hours, the sheriff of the county in which the arrest warrant was issued shall return the defendant to the court which issued the warrant.

(4) [No Change]

(4.5) [No Change]

(5) [No Change]

(b) [No Change]

(c) [No Change]

Rule 15. Depositions

Cross references: For depositions in specific circumstances, see § 18-6.5-103.5 (victims or witnesses who are at-risk adults); § 18-6-401.3 (victims of child abuse); and § 18-3-413 (children who are victims of sexual offenses).

Amended and Adopted by the Court, En Banc, January 11, 2001, effective July 1, 2001.

By the Court:

Alex J. Martinez
Justice, Colorado Supreme Court


District Court, County of Boulder, State of Colorado

Amended Administrative Order Re: Asbestos Cases (2001)
Case No. 89CV2000
(This Order is Electronically Filed.)

Having offered all counsel opportunity to object to a paperless and mandatory efiling of these cases, the court enters the following order:

The Court Orders that all counsel shall electronically file all pleadings, motions, briefs, exhibits and other documents electronically using the CourtLink Efiling service ("JusticeLink") in cases designated as Asbestos cases pending before this Court. This Order shall also apply to all newly filed Plaintiff’s Complaints and Defendant’s Answers in Asbestos cases.

The effective date of this Order is February 20, 2001. After this date, the Clerk of Court will only accept counsel’s pleadings that are filed electronically.

All counsel should refer to the electronic filing rules in C.R.C.P. 121 § 1-26.

Dated: January 9, 2001

By the Court:

Morris W. Sandstead, Jr.
District Judge


Colorado Supreme Court

Proposed Amendments to Crim.P. 16
Comments Due by April 30, 2001

The Criminal Rules Committee of the Colorado Supreme Court recommends that Crim.P. 16 be amended. Proposed Crim.P. 16 appears below (deletions are indicated with strikeouts; additions appear capital letters). An original and eight copies of written comments to the court concerning the proposed amendments to Crim.P. 16 should be submitted to: Mac V. Danford, Clerk of the Supreme Court, 2 E. 14th Ave., Denver, CO 80203-2115, no later than April 30, 2001.

Rule 16. Discovery and Procedure Before Trial

Part I. Disclosure to Defendant
 (a) Prosecutor’s Obligations.
(1) [No Change]
   (I) [No Change]
   (II) [No Change]
   (III) [No Change]
   (IV) [No Change]
   (V) [No Change]
   (VI) [No Change]
   (VII) [No Change]
   (VIII) Any written or recorded statements of the accused or of a codefendant, if the trial is to be a joint one, and the substance of any oral statements made to the police or prosecution by the accused or by a codefendant, if the trial is to be a joint one.
  (2) [No Change]
  (3) [No Change]
 (b) Prosecutor’s Performance of Obligations.
  (1) The prosecuting attorney shall perform his OR HER obligations under subsections (a)(1)(I), (IV), and (VII), AND WITH REGARD TO WRITTEN OR RECORDED STATEMENTS OF THE ACCUSED OR A CODEFENDANT UNDER (VIII) as soon as practicable but not later than twenty calendar days after the defendant’s first appearance at the time of or following the filing of charges, except that portions of such reports claimed to be nondiscoverable may be withheld pending a determination and ruling of the court under Part III but defense counsel must be notified in writing that information has not been disclosed.
  (2) [No Change]
  (3) [No Change]
  (4) [No Change]
 (c) [No Change]
 (d) [No Change]
 (e) [No Change]

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