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TCL > April 2012 Issue > Court Business

April 2012       Vol. 41, No. 4       Page  107
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

Notice Requesting Written Comments re
Proposed Amendments to Crim.P. 32.2(c)(1)
Deadline for Comments: April 30, 2012, 5:00 p.m.

The Colorado Supreme Court is proposing changes to Crim.P. 32.2(c)(1). An original plus eight copies of written comments concerning this rule change should be submitted no later than 5:00 p.m. on Monday, April 30, 2012 to: Christopher T. Ryan, Clerk of the Colorado Supreme Court, 101 W. Colfax Ave., Ste. 800, Denver, CO 80202. A marked version of the proposed revisions can be found on the Supreme Court website at: www.courts.state.co.us/Courts/Supreme_Court/Rule_Changes.cfm.

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Proposed Rule Change to
Colorado Rules of Criminal Procedure 32.2(c)(1)

(c) Appellate Procedure.

(1) Unitary Notice of Appeal. The notice of appeal for the direct appeal and the notice of appeal for all post-conviction review shall be filed by unitary notice of appeal in the supreme court no later than WITHIN 7 days after the trial court’s order on post-conviction review motions, OR WITHIN 7 DAYS AFTER THE EXPIRATION OF THE DEADLINE FOR FILING POST-CONVICTION REVIEW MOTIONS IF NONE HAVE BEEN FILED. The unitary notice of appeal need conform only to the requirements of sections (1), (2), (6) and (8) of C.A.R. 3(g).


Rule Change 2012(01)
Colorado Rules of Civil Procedure
Rule 1. Scope of Rules
Amended and Adopted

(a) [No change]

(b) Effective Date. Amendments of these rules shall be effective on the date established by the Supreme Court at the time of their adoption, and thereafter all laws in conflict therewith shall be of no further force or effect. Unless otherwise stated by the Supreme Court as being applicable only to actions brought after the effective date of an amendment, they govern all proceedings in actions brought after they take effect and also all further proceedings in actions then pending, except to the extent that in the opinion of the court their application in a particular action pending when the rules take effect would not be feasible or would work injustice, in which event the former procedure applies.

(c) [No change]

Amended and Adopted by the Court, en banc, February 1, 2012, nunc pro tunc, January 1, 2012, 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 85-22
Rate of Interest on Judgments That are Appealed
Amended

Pursuant to the statutory references cited below, the Colorado Secretary of State has certified the following rates of interest on judgments that are appealed:

Effective Date Rate Date Certified
January 1, 2000  7% January 1, 2000
January 1, 2001 8% January 1, 2001
January 1, 2002  3% January 1, 2002
January 1, 2003  3% January 2, 2003
January 1, 2004  4% January 2, 2004
January 1, 2005 5% January 1, 2005
January 1, 2006  7% January 3, 2006
January 1, 2007  8% January 2, 2007
January 1, 2008  7% January 7, 2008
January 1, 2009  3% January 5, 2009
January 1, 2010 3% January 4, 2010
January 1, 2011  3% January 6, 2011
January 1, 2012 3% January 3, 2012

Done at Denver, Colorado and Approved by the Colorado Supreme Court Chief Justice on February 7, 2012.


U.S. Bankruptcy Court for the District of Colorado

General Procedure Order Number 2012-11
In the Matter of Resignation of Chapter 13
Trustee Sally Zeman in Certain Cases and the Notice
Appointing Successor Chapter 13 Trustee Douglas Kiel and
Procedure for Successor Trustee Final Report

This matter is before the Court sua sponte to facilitate the transition of a large quantity of Chapter 13 cases to Standing Chapter 13 Trustee Douglas Kiel from Standing Chapter 13 Trustee Sally Zeman. The Court adopts the following procedure to alleviate the time and system burden that would be caused by docketing separately Sally Zeman’s trustee resignations, the notices of reassignment of Douglas Kiel as successor Trustee, and filing of successor trustee reports required by Fed.R.2012(b).

Attached to this General Procedure Order (GPO) is the list of the cases from which Sally Zeman is resigning as trustee, which are the same as those being reassigned to Douglas Kiel as successor trustee.2 The Clerk of Court is directed to enter a virtual entry on the docket in each of those cases referencing this GPO and the attached resignation and notice of reassignment, along with the Court’s Web address that parties can use to review a copy of these documents.

In addition, in those cases with Orders Requiring Employer of the Debtor to Pay a Portion of the Debtor’s Wages or Earnings to the Trustee, using a list to be provided by Trustee Sally Zeman, the Clerk of Court is authorized and directed to issue an amended order to the employer directing that those wages or earnings be sent to Douglas Kiel, Chapter 13 Trustee, P.O. Box 2282, Memphis, TN 38101-2282.

ORDERED that the Court authorizes the Clerk of Court to implement this process to effectuate the resignations of Standing Chapter 13 Trustee Sally Zeman, in the attached list of cases and the reassignment of those same cases to Standing Trustee Douglas Kiel. In each affected case, the Clerk shall cause a virtual entry to be made referencing this GPO, the resignation and reassignment, along with the Court’s Web address to locate a copy of these documents.

FURTHER ORDERED that in the cases affected by this reassignment, subject to further order of the Court, the Standing Chapter 13 Trustee Douglas Kiel shall have until the filing of the final report to incorporate the report of Successor Trustee for each case required to be filed by Rule 2012(b).

FURTHER ORDERED that in the cases affected by this reassignment, all orders confirming the Chapter 13 Plan, and any amendments or modifications thereto, are hereby amended to provide that all payments under the plan that were to be made to Sally Zeman as Chapter 13 Trustee are to be made to Douglas Kiel as Chapter 13 Trustee.

FURTHER ORDERED THAT the Clerk of Court is authorized and directed to issue with his or her deputies’ signatures any requisite Amended Orders Requiring Employer of the Debtor to Pay a Portion of the Debtor’s Wages or Earnings to the Trustee, directing that the employer mail those wages or earnings to Douglas Kiel, Chapter 13 Trustee, P.O. Box 2282, Memphis, TN 38101-2282.

Dated: February 1, 2012

By the Court:

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

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1. This GPO covers most Chapter 13 cases that were not previously transferred from the following southern counties: Mineral, Alamosa, Baca, Bent, Chaffee, Conejos, Costilla, Crowley, Custer, Fremont, Huerfano, Kiowa, Las Animas, Otero, Prowers, Pueblo, Rio Grande, Saguache, El Paso and Teller. In addition, it includes most Chapter 13 cases filed from January 1, 2010 to September 30, 2011 from the following counties: Arapahoe, Cheyenne, Denver, Douglas, Elbert, Kit Carson, Lake, Lincoln and Park.

2. This list has been reviewed by the Office of the United States Trustee for accuracy. It is available at www.cob.uscourts.gov/orders/gpo2012-1_trustee_reassign.pdf.

© 2012 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=2012.


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