Search



Not a CBA Member? Join Now!
Find A Lawyer Directory
STRATUM
Find A Lawyer Directory

TCL > August 2011 Issue > Court Business

August 2011       Vol. 40, No. 8       Page  139
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 2011(6)
Colorado Court Rules Chapter 34
Rules for Reapportionment Commission Proceedings
Adopted

1. These rules are adopted by the Supreme Court of Colorado pursuant to Article V, Section 48(1)(e) of the Colorado Constitution and apply to the revision and alteration of legislative districts after the federal census of 2010.

2. Upon submission of the Reapportionment Commission’s plan for reapportionment of the members of the General Assembly to the Supreme Court, the review and determination of the plan’s compliance with the requirements of Article V, Sections 46 and 47 of the Colorado Constitution shall take precedence over all regular docket matters before the Court.

3. No later than October 7, 2011, the Commission shall file the plan with the Court. The plan shall include a comprehensive map or maps of the proposed senatorial and representative districts, together with any statements describing the proposed plan and its implementation.

4. On or before ten (10) days following the Commission’s filing of the plan to the Court, the Commission, and any other proponent of the submitted plan, shall file with the Court appropriate explanatory materials and legal memoranda in support of the plan.

5. Any opponent to the plan filed by the Commission may file a statement of opposition, a proposed alternate plan or plans, appropriate maps, and comprehensive explanatory, descriptive, and legal memoranda. Such materials shall be filed with the Court on or before 20 calendar days following the Commission’s filing of the plan to the Court.

6. The Commission and any proponent shall have up to and including five (5) calendar days from the filing of any statement of opposition, to file with the Court a reply to such statement of opposition, if the Commission or proponent so desires.

7. The Court may request supplementary materials or legal memoranda from the Commission or any party appearing before the Court in this matter to be furnished within ten (10) days of the request.

8. The Court may require oral argument upon any issue raised by the Commission, other proponents, or opponents. Notice of the time and date of any oral argument and the procedures to be followed shall be mailed to the Commission and other parties.

9. The final submission of legal arguments or evidence concerning the plan shall be filed no later than November 9, 2011.

10. The Court may approve the plan without giving written reasons for such approval, but the Court shall give its reasons in writing for disapproval of the plan. If the plan is returned to the Commission, the Court shall specify to the Commission the time period in which the Commission shall revise and modify the plan to conform to the Court’s requirements and to resubmit the plan to the Court. Petitions for rehearing must be filed within five (5) days of the announcement of any decision.

11. The Court shall approve a plan for the redrawing of the districts by a date that will allow sufficient time for such plan to be filed with the secretary of state but no later than December 14, 2011. The Court shall order that such plan be filed with secretary of state no later than such date.

12. An original and nine (9) copies of all materials and pleadings shall be filed with the Court. In addition, and where possible, an electronic version of all materials and pleadings shall be submitted to the Court in text searchable Portable Document Format (PDF), that exactly duplicates the appearance of the paper original, including the order and pagination of all the components.

13. All periods of time prescribed or allowed by this rule shall be computed in accordance with C.A.R. 26(a), except that intermediate Saturdays, Sundays and legal holidays shall be included in the computation. Regardless of the provisions of C.A.R. 25(a) to the contrary, filing under this rule may be accomplished by mail addressed to the clerk, but filing shall not be timely unless the papers are received by the clerk within the time fixed for filing, with no exceptions.

14. The Court shall provide notice of all filings with the Court by posting such filings on the Colorado Judicial website: www.courts.state.co.us.

15. These rules are effective upon adoption.

Adopted by the Colorado Supreme Court en banc on June 2, 2011.

By the Court:

Michael L. Bender
Chief 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 05-02
Electronic Document Format Under C.R.C.P. 121, 1-26
Repealed

I hereby repeal Chief Justice Directive 05-02, signed May 17, 2005, concerning Electronic Document Format under C.R.C.P. 121, 1-26 and declare it to be no longer in force or effect. The issues in CJD 05-02 are addressed in CJD 11-01, together with additional requirements for E-filing that are better addressed as a whole.

Dated at Denver, Colorado this 17th day of May, 2011.

By the Court:

Michael L. Bender,
Chief Justice

______________________________

CJD 08-06
Directive Concerning Colorado Judicial Department Employee Policies
Amended

This directive shall apply to all employees of the Colorado Judicial Department, including all classified and contract employees, volunteers, interns and in some instances shall apply to Judges as specified in individual policies herein. This directive is adopted to assure compliance with Colorado Judicial Department rules, policies and procedures.

The Colorado Supreme Court approves the "Colorado Judicial Department Employee Policies," attached to this Directive as Attachments A-H. Subsequent amendments to the Attachments may be adopted and approved by the State Court Administrator, under the authority delegated to him pursuant to §13-3-103, C.R.S.

Done at Denver, Colorado this 11th day of May, 2011.

By the Court:

Michael L. Bender,
Chief Justice

Attachment A

Anti-Harassment and Anti-Discrimination Policy—
Colorado Judicial Department
Adopted June 1, 1995; Amended March 21, 1996; Amended May, 2001;
Amended July, 2008; Amended May, 2011

The Colorado Judicial Department ("Judicial Department") is proud of its tradition of maintaining a work environment where all persons are treated with dignity and respect. Each individual should be provided with the opportunity to work in a professional atmosphere that promotes equal opportunities and prohibits discriminatory practices, including harassment based on a person’s race, color, national origin, gender, age, sexual orientation, gender identity, religion, socioeconomic status or disability. Harassment, whether verbal, physical, or environmental, is unacceptable and will not be tolerated in the workplace itself or in other work-related settings such as business trips, conferences, or work-related social events.

A. APPLICATION

The Judicial Department will not tolerate, condone or allow harassment whether engaged in by Colorado Judicial Department classified and contract employees, volunteers, interns, supervisors, judicial officers, clients, court customers or others conducting business at or with the Judicial Department.

B. DEFINITIONS

(1.) Harassment. Wherever used in this policy, the term "harassment" represents any unwelcome or offensive conduct, verbal or physical, based on a person’s race, color, national origin, gender, age, sexual orientation, gender identity, religion, socioeconomic status or disability if such conduct adversely affects that person’s work performance or employment status, or otherwise creates an intimidating, hostile or offensive work environment. Examples of prohibited conduct include derogatory comments, remarks, gestures, or jokes, including the same contained in electronic communications and media, relating to a person’s race, color, national origin, gender, age, sexual orientation, gender identity, religion, socioeconomic status or disability, racial or ethnic slurs, and negative epithets.

(2.) Sexual Harassment. Sexual harassment specifically is defined as any type of unwelcome or offensive conduct based on an individual’s sex, whether or not the conduct is sexual in nature, where: 1) submission to or rejection of this conduct by an individual is used as a factor in decisions affecting hiring, evaluation, promotion or other aspects of employment; or 2) this conduct unreasonably interferes with a person’s employment or creates an intimidating, hostile or offensive work environment.

Examples of prohibited sexual harassment include: derogatory comments, remarks, gestures or jokes about a particular sex; demands for sexual favors in exchange for favorable treatment or continued employment; unwanted sexual advances or propositions; unwelcome touching; graphic, verbal commentary about an individual’s body, sexual prowess or sexual deficiencies; repeated sexual comments, sexual gestures, sexual jokes, leering, whistling, or other verbal abuse of a sexual nature; the display in the workplace of sexually suggestive objects or pictures; and using electronic media and communications to send or receive sexually suggestive messages and/or images.

(3.) Discrimination. Whenever used in this policy, the term "discrimination" refers to any treatment or distinction in favor of or against a person based on the person’s race, color, national origin, gender, age, sexual orientation, gender identity, religion, socioeconomic status or disability to which that person belongs rather than on individual merit.

C. COMPLAINT PROCEDURE

An employee or judicial officer who believes he or she has been subjected to harassment is strongly encouraged to disclose the offending behavior so appropriate action may be taken.

(1) Reporting. The employee or judicial officer should report the matter promptly and may choose any of the following persons for filing the complaint: the person’s own supervisor or any other supervisor, the District Administrator, the Chief Probation Officer, the Chief Justice or Chief Judge of the court, or the Human Resources Division of the State Court Administrator’s Office.

(2) Form of the Report. The initial report may be either a written or verbal complaint. Any person who receives a verbal complaint shall document the information received in writing and have it signed by the complaining party. Written complaints should include the date, time, location, and a description of the event or behavior complained of, the names of the parties involved and of any witnesses, and should be signed by the complaining party ("complainant"). The recipient of the complaint must provide copies of the complaint (marked personal and confidential) to 1) the Chief Judge, Court Administrator, or Chief Probation Officer, and/or 2) to the Human Resources Division of the State Court Administrator’s office. If the complaint alleges a violation by the Chief Judge, District Administrator, or the Chief Probation Officer, a copy also shall be provided to the Human Resources Division of the State Court Administrator’s Office.

(3) Confidentiality. All complaints of harassment shall be kept in confidence, except as necessary to investigate the complaint and respond to any legal and/or administrative proceedings arising out of or relating to the report. All complaints of harassment and discrimination as well as the results and findings resulting from any investigation thereof are confidential and not subject to disclosure through open records requests.

(4) Investigation. Reports of harassment and discrimination from employees warranting an investigation shall be referred to the Human Resources Division of the State Court Administrator’s Office for investigation. In some instances, an initial inquiry will be completed as a preliminary review by the Human Resources Division to determine whether there is cause to conduct a full investigation. A full investigation, at a minimum, will include conferences with the complainant, the alleged perpetrator, and any witness(s) to the incident. Any party involved in a harassment complaint may submit any documentation they believe to be relevant to the matter at issue to the investigating authority.

(5) Recommendations and Penalties. The Human Resources Division will make findings and will recommend appropriate action to resolve the matter to the administrative authority. Such action may include, but is not limited to, mediation, education, corrective or disciplinary action (including dismissal), or a combination of such actions. Any investigation resulting in a finding that a person has maliciously or recklessly made false accusations against another may subject the accuser to appropriate corrective or disciplinary action, which may include dismissal. A full report of any disciplinary action taken will be sent to the Human Resources Division of the State Court Administrator’s Office.

The Division of Human Resources’ findings of investigations of complaints against Judges shall be referred the Judicial Discipline Office pursuant to the agreement between the State Court Administrator’s Office and the Judicial Discipline Commission.

(6) Notice to Complainant. The complainant will be advised when the investigation has been completed, within 30 days of the filing of the complaint. Should the investigation take longer than 45 days, the complainant will be so notified. If no information has been provided to the complainant within 45 days, the complainant should immediately contact the Director of the Human Resources Division of the State Court Administrator’s Office, which will determine the status of the investigation or begin its own investigation, and provide a status report to the complainant. Both the complainant and the subject of the complaint will receive notification when the investigation has been completed. Investigation findings are not subject to appeal under the Colorado Judicial System Personnel Rules.

D. RETALIATION.

Retaliation against any individual who has made a charge, filed a report or complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this policy will not be tolerated. Retaliation is a serious violation of this policy and should be reported immediately. Reports of retaliation are taken seriously and may be the subject of a separate investigation. Any act of retaliation may result in appropriate corrective or disciplinary action, which may include dismissal.

Originally adopted by the Court, En Banc, on June 1, 1995, amended on March 21, 1996, amended on May, 2001, amended July, 2008, amended May, 2011. 

Attachment B

Code Of Conduct—Colorado Judicial Department
Adopted October 1984; Amended July 2008; Amended May 2011

The following code of conduct applies to all Colorado Judicial Department classified and contract employees, volunteers and interns, but not to Judges who are subject to the Colorado Code of Judicial Conduct. Magistrates are subject to both this code of conduct and to the canons of the Colorado Code of Judicial Conduct.

In addition to this Code, employees must be aware that some activities and actions are governed by various sections of the Colorado Revised Statutes, including but not limited to §18-8-302 (bribery), §18-8-303 (compensation for past official behavior), §18-8-304 (soliciting compensation), §18-8-305 (trading in public office), §18-8-307 (designation of supplier), §18-8-308 (conflict of interest), and §18-8-402 (misuse of official information).

Purpose

It is essential to the proper functioning of the State that all employees of the Judicial Department observe high standards of conduct to maintain professionalism in the workplace and public confidence in the integrity and independence of the judicial system. Judicial Department employees must discharge their duties in a manner that creates confidence ensuring the judicial system is fair and impartial; court decisions, rules, and policies are made through established procedures; and Judicial Department employees will not misuse their positions to obtain unauthorized benefits. It also is important that Judicial Department employees foster respect and credibility within the Judicial Department and within the communities in which they work by adhering to high standards of conduct in the areas of customer service, job performance, personal integrity, professional responsibility, and by avoiding not only impropriety but the appearance of impropriety.

Confidential Information

Employees shall not:

Disclose or use confidential information acquired during the performance of job duties for any purpose not connected with official duties. Confidential information includes, but is not limited to, information relating to pending cases that is not a matter of public record including, without limitation, the communications and work product of any judicial officer, law clerk, staff attorney, or other employee;

Disclose to any unauthorized person for any purpose any confidential information acquired during the course of employment, or knowingly acquired through unauthorized disclosure of another; or

Comment publicly or express personal opinions about a case or matter before the court to any person not an employee of the Judicial Department except in the performance of official duties.

Conflicts of Interest

The employee shall not:

Solicit or accept any fee, compensation, gift, payment of expenses, or any other thing of monetary value under circumstances in which the acceptance may appear to improperly influence the employee’s job performance or the integrity of the courts. This provision shall not include the receipt of any gifts of historical or significant value donated by any person or group for the benefit of the court system provided such gift is received on behalf of the courts by the appropriate designated authority;

Use authority or influence to secure anything of value for private gain, including using or attempting to use the employee’s position, or the prestige of judicial affiliation, to secure an unwarranted privilege, advantage, or exemption for the employee or others;

Use state time, property, equipment or resources for private gain including, without limitation, accessing court or probation records for non-official or personal purposes;

Use undue influence to gain, or attempt to gain, personal advantage or advantage for a family member or friend before the courts. A Judicial Department employee shall not influence or attempt to influence the assignment of cases, or perform any discretionary or ministerial function of the court in a manner that improperly favors any litigant or attorney, nor should a Judicial Department employee imply that he or she is in a position to do so;

Obtain a contract with the Judicial Department in which the employee, a member of the employee’s family, or a business, organization, or person with which the employee is associated has an interest, unless granted in the same manner applied to other interested contractors;

Contract for services with defendants or probation clients;

Attempt to influence an official decision of the Judicial Department from which the employee, a family member, or a business or organization with which the employee is associated may derive a benefit; or

Engage in any activity or business, which creates a conflict of interest or has an adverse effect on the confidence of the public in the integrity of the judicial system.

Standards of Conduct (On and Off Duty as applicable):

Employees shall:

Uphold the constitutions and laws of the United States of America and the State of Colorado.

Serve the public with respect, concern, courtesy and responsiveness in the performance of all job duties providing procedural assistance as needed without giving legal advice;

Demonstrate high standards of professionalism in the workplace that includes interacting with the public, co-workers and management in a civil, courteous, and respectful manner;

Demonstrate the highest standards of personal integrity, truthfulness, and honesty;

Uphold state-wide and local policies and procedures including providing full cooperation, candidness, and truthfulness when participating in an internal investigation of wrongful conduct;

Use state resources, time, property and funds prudently and in accordance with prescribed procedures and local policies including limiting personal use of the Internet, electronic communications, media and applications while on the Judicial Department computer network, consistent with CJD 07-01, Electronic Communications Usage Policy, and limiting the personal use of personal cell phones and personal electronic media devices while on work time;

Perform all duties without favoritism and without improper influence by family, social or other relationships;

Avoid any involvement in the processing of any matter before the courts or probation in which the employee has a personal, business or family interest and immediately inform the Administrative Authority of the existence of such conflict of interest;

Behave in a manner that promotes public confidence in the integrity and impartiality of the judicial system;

Avoid impropriety or any activity that gives the appearance of impropriety;

Avoid any activity that would appear to lend the prestige of the court to advance the private interests of the employee or others; and

Promote the integrity of the court record.

Outside Activities:

Employees shall conduct any activities outside normal working hours in a manner as to avoid any negative impact on the courts and/or the employee’s ability to perform assigned duties. If an outside activity involves regular appearances or interactions with the courts, or if the activity concerns the law, the legal system or administration of justice, the employee shall first consult with the Administrative Authority to determine whether the proposed activity is consistent with this provision.

Reporting Requirements:

Any violation or appearance of a violation of this code shall be immediately reported to the employee’s direct supervisor, Administrative Authority, or the Human Resources Division at the State Court Administrator’s Office.

Sanctions:

Failure to comply with this code of conduct may result in cancellation of a contract, or corrective and/or disciplinary action for classified employees, including termination.

Originally adopted by the Court, En Banc, October 1998, amended July 2008, amended May 2011.

Attachment C

Drug Free Workplace Policy—Colorado Judicial Department
Adopted September 1998; Amended July 2008; Amended May 2011

The following policy applies to all Colorado Judicial Department classified and contract employees, volunteers, interns and judicial officers.

A. PURPOSE

The State of Colorado Judicial Department has a vital interest in maintaining a safe, productive and efficient working environment for its employees, clients, and the public. Employee performance impeded by alcohol or other drugs can have a negative impact on the efficient operation and integrity of the courts and probation departments and may pose safety and health risks. This policy is enacted to address those issues in compliance with the provisions of the Drug-Free Workplace Act of 1988.

B. POLICY

To ensure a safe, effective, productive, and efficient working environment, as well as to comply with federal and state law, it is the policy of the Judicial Department that all employees of the Colorado Judicial Department ("Judicial Department") including all classified and contract employees, volunteers, interns and judicial officers are prohibited from having in their system alcohol, illegal drugs, including state-authorized medical marijuana, or any medically unauthorized prescription drugs while at work, including any work related activities or other state business, or while operating a state owned/leased vehicle. The unlawful possession, manufacture, dispensation, use, sale, purchase, storage or transfer of controlled substances, or drug paraphernalia, at any Judicial Department work site, at any off-site location during work related activities or other state business or in any state owned/leased vehicle also is prohibited.

"Controlled substances" are those substances listed in Schedules I-V of Section 202 of the Controlled Substance Act, 21 U.S.C. § 812, as amended. "Drug paraphernalia" is any equipment, product or material primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance."

The use of illegal drugs off-duty also is strictly prohibited and the off-duty abuse of prescription drugs or alcohol where such use adversely affects job performance. Violations of this policy by employees will be cause for corrective or disciplinary action up to and including termination of employment. Reasonable suspicion of a volunteer’s use of drugs or alcohol while performing duties will result in discontinued use of the volunteer.

C. SUPERVISORY RESPONSIBILITY

It is the responsibility of all management and supervisory personnel to implement these policies and to follow these guidelines to ensure fair and consistent application throughout the Judicial Department.

D. REASONABLE SUSPICION

If an employee’s behavior or performance promotes a reasonable suspicion of impairment, the employee may be asked to submit to a drug and/or alcohol test. Supervisors who suspect such impairment must advise their administrative authority. The Administrative Authority will determine whether to request testing. If testing occurs during working hours, the employee must be transported to the appropriate off-site testing facility. All test results arising from this policy shall ensure privacy, proper chain of custody, and remain confidential. Any information should be communicated on a strict "need to know" basis. Any testing where the outcome is a positive result shall be verified through a confirmatory method. If a positive test is verified through a confirmatory test, it will be deemed a violation of this policy.

Reasonable suspicion may be established if an employee exhibits the physical symptoms of intoxication or drug use, such as slurred speech, difficulty walking, glassy eyes, or breath that smells of alcohol; the employee is observed in possession of or using drugs or alcohol; an employee exhibits a pattern of abnormal conduct or erratic behavior; or reliable reports of drug or alcohol use are received from credible sources.

If reasonable suspicion based on specific objective facts exists, it is considered a violation of this policy for an employee to refuse to submit to testing. Refusal may result in referral to mandatory treatment and/or in corrective or disciplinary action up to and including termination. In the case of mandatory treatment, it is the employee’s responsibility to verify compliance to her or his supervisor.

For employees paid from federal funds, where federal laws or regulations are more stringent than those contained in this policy, the federal regulations and procedures supersede this policy.

E. DUTY TO REPORT

Each employee is required by law to inform their administrative authority within five (5) days after he or she is convicted for violation of any federal, state or municipal criminal drug statute where such violation occurred on state property or during work hours. A conviction means a finding of guilt (including a plea of nolo contendre) or the imposition of a sentence by a judge or jury in any federal, state or municipal court. Failure to report may result in corrective or disciplinary action pursuant to the Colorado Judicial System Personnel Rules or applicable provisions of employment contracts. The Administrative Authority shall immediately notify the Judicial Department’s Human Resources Division.

A felony conviction of any criminal drug statute will result in termination of employment.

F. SELF REFERRAL

Employees, or a family member acting on the employee’s behalf, wishing to obtain assistance for the treatment of an alcohol or drug-related problem are encouraged to talk to their supervisor, the Administrative Authority, a member of the Human Resources Division, or seek assistance from C-SEAP. C-SEAP can provide short-term, confidential counseling free of charge as well as treatment referrals based upon available resources, area of residence, and cultural background. Should an employee undergo alcohol/drug treatment, whether voluntary or mandatory, any absence from work will be handled in accordance with existing leave policies and benefit plans, if applicable. It remains the responsibility of the employee to meet established work standards and perform the essential functions of his or her position. Individuals recovering from alcohol or drug problems may be eligible for reasonable accommodation under the Americans with Disabilities Act.

Originally adopted by the Court, En Banc, September 1998, amended July 2008, amended May 2011.

Attachment D

Statement of Policy Relating to Acquired Immune Deficiency Syndrome—
Colorado Judicial Department
Adopted August 18, 1989; Amended May 2011

The following policy applies to all Colorado Judicial Department classified and contract employees, volunteers, interns and judicial officers.

Section 504 of the Rehabilitation Act of 1973 defines AIDS and related conditions as a disability/handicap and forbids discrimination against persons with such conditions. No restrictions, therefore, shall be placed on any judicial officer or employee based solely on a diagnosis of AIDS or positive HIV and no judicial officer or employee shall be requested to submit to any testing for the HIV infection as a condition of or incident to their employment. An employee is defined in Section 24-10-103 4 (a), 10 A, CRS (1988).

An individual’s health condition is considered private and confidential. Appropriate measures shall be taken to protect such information. Reasonable accommodations in the workplace shall be made if based upon the recommendation of an affected person’s physician. Reasonable accommodations may include job restructuring, part-time or modified work schedules, acquisition or modification of equipment or devices, and other similar actions.

All judges, administrators and other supervisory personnel shall apply non-discriminatory employment practices, while supporting educational and employment assistance programs regarding AIDS and AIDS related conditions.

Attachment E

Policy for Maintaining a Non-Violent Workplace—
Colorado Judicial Department
Adopted April 29, 1998; Amended May 2011

The following policy applies to all Colorado Judicial Department classified and contract employees, volunteers, interns and judicial officers.

Purpose

The Judicial Department strives to maintain a work environment that is free from intimidation, threat, or acts of violence including domestic violence. It is with this commitment in mind that this policy is developed and enforced. Employees should review local safety and security policies in addition to this policy.

The Judicial Department will not tolerate violent behavior or the threat of violent behavior at its work sites, at any off-site location during work related activities or other state business, or in any state owned/leased vehicle. Unacceptable behavior directed by anyone toward clients, members of the public, vendors, co-workers, contract workers, volunteers, interns, employees, supervisors, managers or any other person will not be tolerated. Further, Judicial Department will not tolerate prohibited behaviors conducted off-duty where the behavior arises from the workplace, has a negative impact on the workplace, and/or has a negative impact on the individual’s ability to perform assigned duties. Violent behavior also will not be tolerated against a work site or any state owned/leased property.

Definitions

Violent behavior is defined as any act or threat of physical, verbal or psychological aggression, including without limitation stalking behaviors and the destruction or abuse of property by any individual. Threats may include veiled, conditional or direct threats in verbal, written, electronic or gestural form, resulting in intimidation, harassment, harm, or endangerment to the safety of another person or property.

Domestic violence denotes an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. An intimate relationship is a relationship between spouses, former spouses, past or present unmarried couples, same sex couples, persons who are dating or have previously dated, or persons who are both parents of the same child regardless of whether the persons have been married or have lived together at any time.

Prohibiting Deadly Weapons

Deadly weapons are prohibited from being brought into any Judicial Department worksite during work related activities or other state business, and in any state owned/leased vehicle. A "deadly weapon" includes any of the following: (1) firearms (except as specified below), (2) knife over three and one half inches long; (3) bludgeons, or (4) any other weapon, device, instrument, material or substance, whether animate or inanimate.

Judicial Officer Exception to Firearms Prohibition

Judicial officers are prohibited from possessing firearms at any judicial department work site, during work related activities or other state business and in any state owned/leased vehicle, except as permitted in writing by the Chief Judge or Justice. A judicial officer with appropriate legal authority to carry a firearm may request permission from the Chief Judge or Justice who has administrative authority over the judicial officer. Any permission granted must be in writing for a specific time and for a specific reason or purpose. Such permission may be revoked at any time without reason.

Domestic Violence

Employees that are Victims of Domestic Violence or are Recipients of Protection Orders

All classified and contract employees, volunteers, interns and judicial officers who are victims of domestic violence or who are protected parties to a protection order are encouraged to report the incident/situation to their supervisor or the Administrative Authority and to the Human Resources Division so that precautionary measures can be taken to protect workplace safety. Use of paid time off or leave without pay may be available in accordance with state law for purposes of seeking a civil protection order, obtaining medical care or mental health counseling, securing a home away from the perpetrator, and/or seeking legal assistance to address the domestic violence.

Reporting Requirements for Employees Who are Convicted of Crimes Involving Violent Behavior or Have Restraining Orders

Any classified and contract employees, volunteer, intern or judicial officer who is convicted of a crime involving violent behavior, or is the restrained party to a temporary or permanent protection order shall immediately notify his/her Administrative Authority. Such information also shall be reported to the Human Resources Division.

Complaints

Any classified and contract employees, volunteer, intern or judicial officer who feels he/she has been subjected to any behavior prohibited by this policy, or have witnessed or have knowledge of a violation of this policy, shall immediately report it to their own supervisor, any other supervisor, or to his/her Administrative Authority, or to the Director of Human Resources. If an imminent threat exists, local law enforcement shall be contacted. All reports must be documented in writing, with a copy provided to the Human Resources Division, and shall be taken seriously, investigated, and action taken as appropriate.

Sanctions

Violations of this policy by Judicial Department employees may result in corrective or disciplinary action which may include dismissal.

Retaliation

Any investigation that results in a finding that an employee has maliciously or recklessly made false accusations against another alleging violation of this policy may subject the accuser to corrective or disciplinary action which may include dismissal.

Retaliation against any individual who has made a charge, filed a report or complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this policy will not be tolerated. Retaliation is a serious violation of this non-violent workplace policy and should be reported immediately. Reports of retaliation are taken seriously and can lead to a separate investigation that may result in appropriate corrective or disciplinary action, which may include dismissal.

Attachment F

Policy Concerning Personal Relationships in the Workplace—
Colorado Judicial Department
Adopted June 2004; Amended July 2008; Amended May 2011

The following policy applies to all Colorado Judicial Department classified and contract employees, volunteers, interns and judicial officers.

The Judicial Department strives to provide and maintain a professional, supportive work environment for all of its members. Supervisors are responsible for maintaining objectivity in their supervision of subordinate employees. Probation officers shall maintain objectivity in the supervision of probation clients.

Personal relationships of a romantic and/or sexual nature between supervisors and their subordinates can create problems in the workplace including conflicts of interest, the appearance of favoritism or preferential treatment, and an increased potential for claims of harassment, coercion or retaliation. It, therefore, is the policy of the Judicial Department that:

Where employees and/or judicial officers are married to each other, living together, or otherwise engaged in a romantic and/or sexual relationship, they shall not hold a position in which:

1. One party would directly or through the chain of command:

a. Exercise supervisory, appointment or dismissal authority over the other person,

b. Be in a position to take disciplinary action against the other person, or

c. Otherwise have an effect on the terms and conditions of the employment of that person;

2. One party audits, verifies, receives or is entrusted with money handled by the other, or has access to confidential information, including payroll and personnel records, of the other person;

3. One party is employed as the State Court Administrator, a Division Director or one of the Senior Staff of the State Court Administrator’s Office (SCAO), a SCAO Human Resource Analyst, or the SCAO Controller, and the other party works in one of the courts or the judicial districts, or;

4. One party is a justice, judge or magistrate working within the same court or judicial district of the other party who is employed as a classified or contract employee in that court or judicial district.

Where a romantic and/or sexual relationship exists between two persons as described in 1-4 above, both parties involved shall immediately notify the Administrative Authority or the Human Resources Division of the State Court Administrator’s Office. The Administrative Authority shall, within 30 days of the notification or otherwise becoming aware of a relationship, attempt to accommodate the relationship, if necessary and practical, by altering the reporting structure or by transferring or reassigning one or both persons so that the conflict of interest no longer exists. If no opportunity exists for reassignment, voluntary demotion or transfer, one of the parties shall be requested to resign from his or her employment with reinstatement rights as provided by the Colorado Judicial System Personnel Rules.

The Administrative Authority shall notify Legal Counsel and the Director of Human Resources of the State Court Administrator’s Office prior to taking action in relation to this policy.

Failure to comply with this policy may result in cancellation of a contract, corrective and/or disciplinary action, including termination, or a referral to the Commission on Judicial Discipline.

Originally adopted by the Court, En Banc, June 2004; amended July 2008, amended May 2011.

Attachment G

Employee Rights And Responsibilities —Family/Medical Leave
Adopted April 29, 1998; Amended May 2011

The following policy applies to all Colorado Judicial Department classified and contract employees who meet eligibility requirements below.

Basic Leave Entitlement

Family/Medical Leave ("FML") is available to eligible employees providing a maximum of 12 weeks unpaid, job-protected leave for the following reasons:

  • For incapacity due to pregnancy, prenatal medical care or child birth;
  • To care for the employee’s child after birth, or placement for adoption or foster care;
  • To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition; or
  • For a serious health condition that makes the employee unable to perform his/her job duties.

Military Family Leave Entitlements

Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use his/her 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.

FML also is available for eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the service member medically unfit to perform his or her duties for which the service member is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list.

Benefits and Protections

During FML, an employee’s health coverage is maintained under the State of Colorado’s group health plan on the same terms as if the employee had continued to work. Upon return from FML, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. Use of FML cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.

Eligibility Requirements

Employees, including contract employees, are eligible if they have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months, and if at least 50 employees are employed by the employer within 75 miles.

Definition of Serious Health Condition

A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities.

Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three(3) consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.

Use of Leave

An employee does not need to use this leave entitlement in one block. FML can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer’s operations. Leave due to qualifying exigencies may also be taken on an intermittent basis.

Substitution of Paid Leave for Unpaid Leave

Employees must use accrued paid leave while taking FMLA leave. In order to use paid leave for FML, employees must comply with the Judicial Department’s normal paid leave policies.

Employee Responsibilities

Employees must provide 30 days advance notice of the need to take FML when the need is foreseeable. When 30 days notice is not possible, the employee must provide notice as soon as practicable and generally must comply with normal call-in procedures.

Employees must provide sufficient information for the supervisor or local benefits administrator to determine if an absence may qualify for FML and the anticipated timing and duration of the absence. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the supervisor or local benefits administrator if the requested leave is for a reason for which FML leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave.

Medical Certification and the Genetic Information Nondiscrimination Act of 2008 Compliance

In filling out the required FML medical certification paperwork, you and your medical provider should not provide any genetic information, which is defined to mean: information about the individual’s family medical history, the results of an individual’s or family member’s genetic tests, the fact that an individual or individual’s family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.

Judicial Department Responsibilities

The supervisor or local benefits administrator shall inform employees requesting leave whether they are eligible for FML or, if not, medically certified leave. If an employee is eligible for FML, the notice must specify any additional information required as well as the employees’ rights and responsibilities. If the employee is not eligible, the supervisor or local benefits administrator shall provide a reason for the ineligibility.

The supervisor or local benefits administrator shall inform employees if leave will be designated as FML and the amount of leave counted against the employee’s leave entitlement. If the supervisor or local benefits administrator determines that the leave is not FML-protected, the employee shall be so notified.

Attachment H

Worker’s Compensation Designated Medical Provider—
Colorado Judicial Department
Adopted April 29, 1998; Amended May 2011

The following policy applies to all Colorado Judicial Department classified and contract employees, paid interns and judicial officers.

In the event that an employee incurs a work-related injury or illness, you are hereby notified that each Judicial District Department (Probation/Trial Courts/Court of Appeals/Supreme Court/SCAO) has designated a workers’ compensation medical provider(s) for occupational and environmental medicine clinics as primary providers for treatment of all work-related injuries and illnesses. If an employee does not receive medical care for a work-related injury or illness from approved designated medical providers, the employee may be financially responsible for the care.

Employees must immediately report all work-related injuries or illnesses to the designated workers’ compensation representative, but no later than four (4) working days after the injury or illness is incurred.

______________________________

CJD 11-01
Directive Concerning Statewide Electronic Filing Standards

The purposes of this CJD are (1) to make uniform the means by which documents are electronically transmitted and accepted through the State’s E-Filing system, (2) to eliminate potentially conflicting local rules that attempt to define those standards, and (3) to increase access to the courts by reducing the number of reasons for rejecting an e-filing.

I. SCOPE

This CJD applies to all documents that are transmitted and accepted electronically using the E-Filing system.

II. LINKING

All related documents (motion, proposed order, response and reply) shall be linked to each other when electronically filed.

III. DOCUMENT FORMAT STANDARDS

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

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

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

IV. DOCUMENT SUBMISSION

All documents relating to a single pleading or paper may be filed electronically as a single transaction—although they must remain as separate documents. For example, a motion, exhibits and related affidavits may be filed under a single transaction. This will enable searching for specific documents.

All other documents must be submitted by either (1) directly uploading the document from a word processing format (such as Word or Word Perfect) to the E-Filing system, or (2) electronically converting the document from a word processing format into a PDF format and then directly uploading the PDF document to the E-Filing system. Parties shall not upload documents into the E-Filing system in any manner that prevents the Court from copying/pasting text or employing enhanced search functionality within the document. Except as specifically provided in this directive, parties shall not upload documents into the E-Filing system as scanned or graphic images.

V. SUBMISSION OF EXHIBITS, FORM/PREPRINTED DOCUMENTS AND RETURNS OF SERVICE

All exhibits, form/preprinted documents, and returns of service must be submitted through the E-Filing system. However, they may be submitted as scanned or graphic images but shall be uploaded in their original format. For example, color documents shall be uploaded in color and not as black and white scanned copies.

Exhibits. Exhibits shall be filed as one transaction, if possible. Exhibits shall be titled according to the party’s designation in the case, such as Plaintiff’s (Petitioner’s) or Defendant’s (Respondent’s) Proposed Exhibits. If there are too many exhibits to fit within one transaction on the E-Filing system, the exhibits may be filed in sequentially numbered groups titled in the following example format: Plaintiff’s (Petitioner’s) Proposed Exhibits—Group 1—Exhibits 1 – 50, Group 2—Exhibits 51-99. Each exhibit shall be a separate item within the transaction. Accordingly, although there will be one PDF file per exhibit, there may be many PDF files within the transaction. The exhibit designation shall be legible when electronically filed.

Exhibits of Large Physical Size and Non-Documentary Exhibits. If a party intends to submit an exhibit or document that cannot be submitted through the E-Filing system because of its physical size or because it is non-documentary in nature, an image of the exhibit or document shall be electronically filed for purposes of the record.

Documentary Exhibits that Exceed E-Filing Size Restrictions. A party intending to submit any documentary exhibit that exceeds the megabyte file size limit set forth in III above shall separate the exhibit into electronic files as provided in that Directive. If the document cannot be separated, then the party shall place it on a CD or DVD.

Audio and Video Exhibits. Audio or video exhibits cannot be submitted through the E-Filing system at this time. Those exhibits shall be placed on a CD or DVD.

VI. TIMELINES FOR SUBMISSION OF EXHIBITS FOR TRIAL AND HEARINGS

Exhibits for Parties with an Attorney. On or before the hearing or trial date, the parties shall submit all of their exhibits, or images as permitted in §III above, through the E-Filing system. Exhibits for expedited hearings shall be submitted as the court directs.

Parties should anticipate that there are exhibits such as negotiable instruments where the original paper document may need to be tendered to the court. Images of these exhibits shall also be filed through the E-Filing system.

Exhibits for Pro Se Parties. Provisions for tender and uploading of exhibits from pro se parties will be addressed at a pretrial or prehearing conference.

VII. JURY INSTRUCTIONS

Proposed jury instructions shall be submitted through the E-Filing system in editable format. The set of instructions provided to the jury as well as a party’s tendered instructions that have been rejected by the court shall be uploaded into the E-Filing system as the court directs.

VIII. DOCUMENT TYPES

When submitting documents using the E-Filing system, the parties shall select a Document Type category that matches the identifiable and specific category of the actual document being submitted. For example, a party filing a Supplemental Disclosure Certificate selects "Supplemental Disclosure Certificate" for electronic filing purposes, because that document type presently exists as a "Type" field. Submitting that document in the category "Filing Other" is not appropriate.

IX. TITLE OF DOCUMENTS

Any document submitted through the E-Filing system must bear a Document Title that is descriptive of the contents of that document. For example, a document titled "XYZ Plaintiff’s Motion for Summary Judgment on Claims 1 and 2 Against Third Party Defendant ABC Corporation" is appropriate. That same document simply bearing the title "Motion" is not appropriate.

X. SIGNATURE REQUIREMENTS

Documents must clearly identify which attorney signed the document.

XI. REJECTION OF E-FILED DOCUMENTS

Attachment A sets forth specific reasons for rejection of electronically filed documents. This Attachment A may be amended by the State Court Administrator or that Administrator’s designee either to remove or to add reasons for rejection.

Courts may accept documents for which Attachment A permits rejection.

No electronically filed document shall be rejected unless it is for one or more of the reasons specified in Attachment A.

The information contained in CJD 05-02 is incorporated herein; therefore, CJD 05-02 is repealed effective upon signature of this CJD.

Done at Denver this 17th day of May, 2011.

By the Court:

Michael L. Bender,
Chief Justice

__________

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

 

Attachment A:  Rejection List for E-Filed Documents

Categories Rejection List Explanatory Notes
(1) INCORRECT CAPTION • Wrong court address
• Wrong parties
• Wrong case number
• Wrong court name
• Incorrect caption on proposed orders
• Attorney name and contact information ­included in the caption of a proposed order
 
(2) DOCUMENT FILED IN THE WRONG COURT OR WRONG CASE • Filed in the wrong court location
• Document filed into a closed and consolidated case
 
(3) PROPOSED ORDER OR RELATED DOCUMENTS NOT IN EDITABLE FORMAT   This is required in CRCP 121, 1-26 §15(C); ­CRCP 305.5(Q)(3); and CJD 11-01
(4) DOCUMENTS THAT SHOULD NOT BE FILED WITH THE COURT • Discovery matters filed under CRCP 121, 1-12(3)
• Offers of settlement
• In-camera review documents (should be filed as sealed)
 
(5) AT FILING ATTORNEY’S REQUEST • Filing attorney calls the court and requests filing be rejected This will be an option for attorneys to do ­electronically in ICCES.
(6) INCORRECT SCANNING OR DOCUMENT SUBMISSION • Proposed order not filed separate from the motion
• Multiple documents filed as one single document
• Separately filing single pages of a multiple page document, except as required because of the size of the document.
• A document cannot be opened by the court because of an apparent corruption
• A document quarantined by the system for having a virus.
 
(7) POOR DOCUMENT ­QUALITY • Document is illegible
• Document scanned inappropriately
The court may be able to correct improperly ­oriented documents in ICCES.
(8) FILINGS WHERE THE SENDING PARTIES ARE INCONSISTENT WITH THE PARTIES LISTED IN THE BODY OF THE PLEADING • Filer represents one party, but incorrectly selects another party to file on behalf of in the Sending Party tab
• Filer does not  represent any party but selects a party to file on behalf to get a pleading filed
Data entry errors may be corrected without ­rejection and refilling in ICCES.
(9) INCOMPLETE OR ­INAPPROPRIATE ­DOCUMENTS • Certificate of mailing is missing or incomplete
• Notary signature/seal is not included on a document that requires it
• Missing date or time on pleadings
• PR Cases:  missing date of appointment and case number on Information of Appointment sheet
• Documents with tracked changes showing
• Duplicate Conformed Order Filed: Attorney electronically filing original of an order provided to the attorney in court  and order already appears electronically  
• Duplicate documents filed
 
(10) PLEADINGS NOT IN COMPLIANCE WITH THE COLORADO RULES OF CIVIL PROCEDURE, THE COLORADO RULES OF COUNTY COURT CIVIL PROCEDURE, AND THE COLORADO RULES OF PROBATE PROCEDURE • Missing caption
• Wrong font size, within reason
• Wrong margins for appellate court filings
• Documents filed fewer than five (5) business days before the set return date, CRCP 305.5(d)
 
(11) WRONG DATES ON A ­NOTICE OF HEARING, NOTICE OF SETTING,
OR SUMMONS
• A wrong date or time in a notice of hearing, a notice of setting, a summons, a Rule 120 notice  
(12) FILING FOR EXECUTION OF A JUDGMENT THAT HAS BEEN STAYED, ­VACATED, OR SET ASIDE • Filing a proposed Writ of Garnishment or Writ of Execution with respect to a named defendant when a stay of execution has been placed on the judgment or the judgment was vacated or set aside
• Filing a proposed Writ of Restitution in a case with a stay of execution or the judgment was ­vacated or set aside
 
(13) DEFECTIVE WRITS OF ­GARNISHMENT • All pages of a garnishment are not submitted
• Incorrect form of garnishment used
• Garnishee is not identified
• Creditor and/or debtor names on garnishment do not match the creditor and/or debtor names on the judgment
• Filing a garnishment where the judgment has been satisfied, set aside, or stayed
• Incorrect judgment amounts listed in the garnishment
• Attorney signature or creditor signature is not notarized or signed before a court clerk
 
(14) PLEADING FILED BY AN ATTORNEY WHO SIMPLY HELPED PREPARE ­DOCUMENTS BUT DOES NOT INTEND TO APPEAR ON BEHALF OF THE PARTY   The certificate required by CRCP 11(b) will
be accepted in ICCES.   
(15) A CHANGE IN STATUS OF THE ATTORNEY WITHIN THE ATTY REGISTRATION SYSTEM.    

 

© 2011 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved. Material from The Colorado Lawyer provided via this World Wide Web server is protected by the copyright laws of the United States and may not be reproduced in any way or medium without permission. This material also is subject to the disclaimers at http://www.cobar.org/tcl/disclaimer.cfm?year=2011.


Back