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TCL > July 2013 Issue > Court Business

The Colorado Lawyer
July 2013
Vol. 42, No. 7 [Page  143]

© 2013 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved.

All material from The Colorado Lawyer provided via this World Wide Web server is copyrighted by the Colorado Bar Association. Before accessing any specific article, click here for disclaimer information.

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 2013(04)
Colorado Rules of Civil Procedure
Chapter 17A: Rule 121. Section 1-26
Colorado Rules of County Court Civil Procedure
Chapter 25: Rule 305.5
Amended and Adopted

Section 1-26
Electronic Filing and Service System

1. through 3. [No change].

4. Commencement of Action—Service of Summons: Cases may be commenced under C.R.C.P. 3 by E-Filing the initial pleading. Service of a summons shall be made in accordance with C.R.C.P. 4.

5. [No change].

6. E-Service—When Required-Date and Time of Service: Documents submitted to the court through E-Filing shall be served under C.R.C.P. 5 by E-Service. A document transmitted to the E-System Provider for service by 11:59 p.m. Colorado time shall be deemed to have been served on that date.

7. through 15. [No change].

Rule 305.5. Electronic Filing and Serving

(a.) through (e) [No change].

(f) E-Service—When Required-Date and Time of Service: Documents submitted to the court through E-Filing shall be served under C.R.C.P. 5 by E-Service. A document transmitted to the E-System Provider for service by 11:59 p.m. Colorado time shall be deemed to have been served on that date.

(g) through (q) [No change].

Amended and Adopted by the Court, en banc, May 9, 2013, effective immediately.

By the Court:

Nancy E. Rice
Justice, Colorado Supreme Court

_____________________________________

Rule Change 2013(05)
Colorado Rules of Criminal Procedure
Rule 17. Subpoena
Rule 24. Trial Jurors
Amended and Adopted

Rule 17. Subpoena

In every criminal case, the prosecuting attorneys and the defendant have the right to compel the attendance of witnesses and the production of tangible evidence by service upon them of a subpoena to appear for examination as a witness upon the trial or other hearing.

(a) through (d) [No change].

(e) Service. Unless service is admitted or waived, a subpoena may be served by the sheriff, by his deputy, or by any other person who is not a party and who is not less than eighteen years of age. Service of a subpoena may be made by delivering a copy thereof to the person named. Service may also be made in accordance with section 24-30-2104(3), C.R.S. Service is also valid if the person named has signed a written admission or waiver of personal service. If ordered by the court, a fee for one day’s attendance and mileage allowed by law shall be tendered to the person named if the person named resides outside the county of trial.

(f) through (h) [No change].

Rule 24. Trial Jurors

(a) through (d) [No change].

(e) Alternate Jurors.

The court may direct that a sufficient number of jurors in addition to the regular jury be called and impaneled to sit as alternate jurors. Alternate jurors in the order in which they are called shall replace jurors who become unable or disqualified to perform their duties. Alternate jurors shall be drawn in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges, shall take the same oath, and shall have the same functions, powers, facilities, and privileges as the regular jurors. An alternate juror shall not be discharged until the jury renders its verdict or until such time as determined by the court. When alternate jurors are impaneled, each side is entitled to one peremptory challenge for each alternate to be selected, and such additional peremptory challenges may be exercised as to any prospective jurors. In a case in which a class 1, 2 or 3 felony is charged and in any case in which a felony listed in section 24-4.1-302(1), C.R.S. is charged, the court, at the request of the defendant or the prosecution, shall impanel at least one alternate juror.

Amended and Adopted by the Court, en banc, May 15, 2013, effective immediately.

By the Court:

Michael L. Bender
Chief Justice, Colorado Supreme Court

_____________________________________

Rule Change 2013(06)
Colorado Rules of Civil Procedure
(New) Rule 255. Colorado Attorney Mentor Program
Adopted

Rule 255. Colorado Attorney Mentor Program

(1) Colorado Attorney Mentor Program. The Colorado Supreme Court hereby establishes a Colorado Attorney Mentor Program ("CAMP"). Through the fostering of mentoring relationships between lawyers new to the practice of law and lawyers experienced in the practice of law, the goals of such program are to assist:

(a) Lawyers during the transition from law student to practitioner;

(b) Lawyers to adopt and uphold the professional qualities of honesty, integrity, fairness, and civility in the legal profession;

(c) Lawyers to adopt high standards for client representation;

(d) Lawyers to acquire the knowledge of how to exercise professional judgment and carry out the highest ideals in the practice of law;

(e) Lawyers in the development of practical legal skills, knowledge of legal customs, and the use of best practices; and

(f) Lawyers in the appreciation of the law practice tradition of community service and pro bono activities.

CAMP and its director shall be under the supervision of the Supreme Court Advisory Committee ("Advisory Committee") as set forth in C.R.C.P. 251.34(b)(3).

(2) CAMP Services. The Colorado Attorney Mentor Program shall provide the following services throughout the state of Colorado:

(a) Promotion and support of lawyer mentoring generally within the legal community;

(b) Programming to increase the awareness and understanding of CAMP-approved programs and their benefits;

(c) Establishment and maintenance of a mentoring resource library of hard copy and electronic materials for the development of educational programs, including but not limited to the following purposes: to promote professionalism, to teach lawyer practical skills, to increase knowledge of legal procedures and best practices and to otherwise improve new-lawyer legal abilities and professional judgment;

(d) Programming to increase mentoring skills within the legal profession;

(e) Assistance to lawyer groups and organizations that are developing CAMP-approved mentoring programs;

(f) Support services for lawyer groups and organizations in maintaining a successful CAMP-approved mentoring program;

(g) Support services and resources for successful mentoring relationships, and to increase mentoring skills;

(h) Oversight of CAMP-approved programs to ensure compliance with CAMP protocols, policies and procedures; and

(i) Maintenance and amendment of policies and procedures guiding CAMP-approved programs.

(3) Director. The Advisory Committee shall recruit, retain, and supervise a CAMP Director. The Director shall serve at the pleasure of the Advisory Committee as an at-will employee. The Advisory Committee shall set the Director’s annual salary subject to periodic review. The Director shall have the same employee benefits as the employees of the Colorado Supreme Court Office of Attorney Regulation. The Director shall prepare the annual budget of CAMP in coordination with the Supreme Court Regulation Counsel. A portion of the annual attorney registration fee shall be used to establish and administer CAMP.

(4) Qualifications. The director shall have a Juris Doctor ("J.D.") degree; at least five years of legal experience; and sufficient supervisory, management and training experience that may be necessary to properly administer CAMP.

(5) Powers and Duties. The CAMP Director shall act in accordance with these Rules and shall:

(a) Collaborate with existing mentoring programs in Colorado to further the goals of CAMP outside of CAMP-approved programs;

(b) Create, modify and maintain all requisite forms, agreements and online resources for administration of CAMP;

(c) Receive, review, and, where appropriate, approve organizations’ submissions of their mentoring programs for preapproval to be a part of CAMP;

(d) Review and decide petitions to participate from new lawyers not otherwise eligible to participate in CAMP programs;

(e) Receive, screen, and recommend mentor applicants for appointment;

(f) Receive, review, approve where appropriate, and transmit to the Board of Continuing Legal and Judicial Education (Attorney Registration/CLE office) the certificates of completion, certificates of partial completion, and CLE affidavits;

(g) Coordinate and perform ongoing monitoring and evaluation of the effectiveness of CAMP programs, and make recommendations accordingly;

(h) Recruit, hire, train, and supervise appropriate staff in administering CAMP;

(i) Recruit, select, and train lawyer volunteers for assistance in administering CAMP;

(j) Establish and maintain an office to carry out the above duties and responsibilities;

(k) Maintain all records necessary for the successful administration of CAMP;

(l) Prepare and present the annual budget of CAMP in coordination with the Advisory Committee;

(m) Establish appropriate policies to assure that participants in CAMP shall be protected from any forms of discrimination or harassment;

(n) Perform all other tasks necessary to facilitate administration of the CAMP; and

(o) Perform such other related duties as the Supreme Court and the Advisory Committee may direct.

Adopted by the Court, en banc, May 15, 2013, effective immediately.

By the Court:

Nathan B. Coats, Justice
Monica M. Márquez, Justice
 


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 through the Colorado Office of the State Court Administrator, www.courts.state.co.us/Administration/Index.cfm.

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, visit www.courts.state.co.us/Courts/Supreme_Court/Directives/Index.cfm.

_____________________________________

CJD 12-02
Temporary Reduction of Filing Fees in Certain Civil Actions
Repealed

I hereby repeal Chief Justice Directive 12-02, signed January 12, 2012, concerning Temporary Reduction of Filing Fees in Certain Civil Actions, and declare it to be no longer in force or effect. As of the effective date of this directive, the fees are returned to their statutorily permitted level.

Dated at Denver, Colorado May 1, 2013, effective July 1, 2013.

Michael L. Bender
Chief Justice, Colorado Supreme Court

© 2013 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=2013.


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