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TCL > September 2013 Issue > Court Business

September 2013       Vol. 42, No. 9       Page  95
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(09)
Colorado Rules of Civil Procedure
Chapter 18. Rules Governing Admission to the Bar
Amended and Adopted

Rule 201.2. Board of Law Examiners.

(1)(a) & (b) [No change]

(2) [No change]

(3) [No change]

(4) All fees required by this rule shall be deposited into the Attorney Regulatory Offices’ general accounts to be used for attorney admissions, registration, and regulation under a budget approved by the Supreme Court Advisory Committee and the Supreme Court.

(5) [No change]

Rule 221. Out-of-State Attorney—Pro Hac Vice Admission

[No change]

(1) Filing Requirements.

(a)(i) through (iii) [No change]

(iv) Pay a $300 fee to the Clerk of the Colorado Supreme Court collected by the Attorney Registration Office; and

(v) [No change]

(b)(i) through (viii) [No change]

(2) Names and Appearances. [No change]

(3) Frequency of Appearances. [No change]

(4) Permission to Provide Information to Trial Court. [No change]

(5) Appellate Matters and Other Forms of Review.

(a) & (b) [No change]

(6) Discipline and Disability Jurisdiction. [No change]

Rule 222. Single-Client Counsel Certification.

(1) Single-Client Representation. [No change]

(a) through (d) [No change]

(2) Application. The application and payment of the $1,000 certification fee must be made payable to the Clerk of the Colorado Supreme Court and collected by the Attorney Registration Office. The application shall contain:

(a) through (d) [No change]

(3) Limitations. [No change]

(4) Authority. [No change]

(5) Discipline and Disability Jurisdiction. [No change]

(6) Fees. [No change]

(7) Certification Number. [No change]

Rule 227. Registration Fee.

A. Registration Fee of Attorneys and Attorney Judges

(1) General Provisions.

(a) Fees. On or before February 28 of each year, every attorney admitted to practice in Colorado (including judges, those admitted on a provisional or temporary basis and those admitted as judge advocate) shall annually file a registration statement and pay a fee as set by the Colorado Supreme Court. As of 2014, the fees set by the court are as follows: the fee for active attorneys is $325.00; the fee of any attorney whose first admission to practice is within the preceding three years is $190.00; the fee for attorneys on inactive status is $130.00. All persons first becoming subject to this rule shall file a statement required by this rule at the time of admission, but no annual fee shall be payable until the first day of January following such admission. As necessary to defray the costs of regulating attorneys, judges and those engaged in unauthorized practice of law, the Supreme Court will authorize periodic increases to the annual fee for every Colorado attorney.

(b) Collection of Fee. [No change]

(c) Application of Fees. The fee shall be divided. Forty dollars shall be used to maintain an Attorneys’ Fund for Client Protection. The remaining portion of the fee, and the entire fee of those on inactive status, shall be used only to defray the costs of the Office of Attorney Regulation Counsel (admissions, registration, mandatory continuing legal and judicial education, attorney diversion and discipline counsel to Commission on Judicial Discipline, unauthorized practice of law and inventory counsel functions), the Office of the Presiding Disciplinary Judge, the Commission on Judicial Discipline, the Colorado Lawyers Assistance Program, the Colorado Attorney Mentoring Program, the Advisory and other regulatory committees and any other practice of law function deemed appropriate by the Supreme Court.

(2) Statement.

(a) Contents. [No change]

(1) & (2) [No change]

(3) current residence and office addresses and, if applicable, a preferred mailing address for the Colorado Courts, along with current telephone numbers and email addresses;

(4) & (5) [No change]

(b) Notification of Change. [No change]

(c) Availability of Information. [No change]

(3) Compliance.

(a) Late Fee. [No change]

(b) Receipt—Demonstration of Compliance. [No change]

(c) Initial Pleading Must Contain Registration Number. [No change]

(4) Suspension.

(a) Failure to Pay Fee or File Statement—Notice of Delinquency. [No change]

(b) Failure of Judge to Pay Fee or File Statement. Any judge subject to the jurisdiction of the Commission on Judicial Discipline or the Denver County Court Judicial Discipline Commission who fails to timely pay the fee or file a complete statement or supplement thereto as required by this rule shall be reported to the appropriate commission, provided a notice of delinquency has been issued by the Clerk and mailed to the judge addressed to the judge’s last known business address at least 28 days prior to such reporting, unless an excuse has been granted on grounds of financial hardship.

(5) Reinstatement.

(a) Application—Reinstatement Fee. [No change]

(b) Report Judge’s Payment. [No change]

(6) Inactive Status.

(a) Notice. [No change]

(b) Payment of Fee—Filing of Statement. [No change]

(c) Exemption—Age 65. [No change]

(7) Transfer to Active Status. [No change]

(8) Resignation.

An attorney may resign from the practice of law in Colorado upon order of the Supreme Court and thereby be excused from paying the annual registration fee provided that no disciplinary or disability matter or order is pending against the attorney. Any attorney who wishes to resign must petition the Supreme Court pursuant to this Rule and tender the attorney’s certificate of admission with the petition. Any attorney who so resigns is not eligible for reinstatement or transfer to active or inactive status and may be admitted to the practice of law in Colorado only by complying with the rules governing admission to the practice of law. Any attorney who so resigns remains subject to the jurisdiction of the Supreme Court as set forth in Rule 251.1(b) with respect to the attorney’s practice of law in Colorado.

B. Registration Fee of Non-Attorney Judges

(1) Every non-attorney judge who is subject to the jurisdiction of the Commission on Judicial Discipline shall pay an annual fee of $10.00. The annual fee shall be collected by the Clerk of the Supreme Court of Colorado, who shall send and receive, or cause to be sent and received, the notices and fees provided for hereafter. The ten-dollar fee shall be used to pay the costs of establishing and administering the mandatory continuing legal education requirement. The clerk shall account for and forward these receipts to the Board of Continuing Legal and Judicial Education.

(2) Any non-attorney judge who fails to timely pay the fee required under subparagraph (1) above shall be reported to the Commission on Judicial Discipline, provided a notice of delinquency has been issued by the Clerk and mailed to the non-attorney judge by certified mail addressed to the county court in the respective county seat at least 28 days prior to such reporting, unless an excuse has been granted on grounds of financial hardship.

(3) If any non-attorney judge who is reported to the Commission on Judicial Discipline under the provisions of subparagraph (2) above subsequently makes payment of arrearages, such payment shall be reported to the Commission by the Clerk.

(4) On or before January 31 of each year, all non-attorney judges shall file any affidavit required by Rule 260.5 and shall pay the annual fee required by this rule.

(5) [No change]

Amended and Adopted by the Court, en banc, June 27, 2013, effective September 1, 2013.

By the Court:

Nathan B. Coats
Justice, Colorado Supreme Court

Monica M. Márquez
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 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 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-J. 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.

Attachments I and J, added July 2013, are available at www.courts.state.co.us/Courts/Supreme_Court/Directives/08-06Amended%206-26-13.pdf.

Done at Denver, Colorado, June 28, 2013, effective July 1, 2013.

Michael L. Bender
Chief Justice, Colorado Supreme Court

____________________________

CJD 11-02
Adopting Pilot Rules for Certain District Court Civil Cases
Amended

Whereas, the Court desires to study whether adopting certain rules regarding the control of the discovery process reduces the expense of civil litigation in certain business actions, and

Whereas, the Court has determined that the pilot project requires the use of modified rules of Civil Procedure concerning the pleading, discovery and trial management of certain cases; and

Whereas, the Court carefully considered the adoption of the pilot rules by:

  • Publishing the proposal from the Colorado Pilot Project Committee (Committee);
  • Inviting public comment about the proposal from the Committee;
  • Holding a public hearing on January 19, 2011, concerning the Committee’s proposal;
  • Allowing and encouraging additional comment and suggestions to be made to the Court regarding the scope of the pilot project and the rules to be adopted;
  • Narrowing the scope of the pilot to include business cases; and
  • Redrafting rules to reflect the goals of the pilot to identify and narrow disputed issues at the earliest stage of litigation; require active ongoing case management by a single judge; and seek to keep litigation costs proportionate to the issues being litigated;

Whereas, the Court has determined that extending the period of the pilot for an additional year will provide the court with more data and a detailed evaluation. Extending the pilot for a year will eliminate confusion, give the court time to determine whether the rules as piloted achieved the stated goals, and consider what, if any, changes to the Colorado Rules of Civil Procedure should be proposed or adopted prior to the end of the original pilot project.

Now therefore, the Court orders the attached rules adopted for use in the designated cases in the First (Jefferson and Gilpin Counties), Second (Denver County), Seventeenth (Adams County only), and Eighteenth (Arapahoe County only) Districts. The cases to which the rules apply are described in Amended Appendix A to the rules appended to this Directive.

These rules are effective January 1, 2012 and shall be applied to cases filed on or after that date. The pilot project shall apply to all applicable cases filed in the pilot districts up to December 31, 2014, or until further order of the court.

The effect of the pilot will be studied by the Institute for the Advancement of the American Legal System (IAALS) working at the request of the Court. IAALS will issue a report on the effect of the pilot project upon the conclusion of the evaluation.

Done at Denver, Colorado June 26, 2013. Civil Access Pilot Project Applicable to Business Actions in District Court are available at www.courts.state.co.us/Courts/Supreme_Court/Directives/CJD%2011-02amended%206-26-13.pdf.

Michael L. Bender
Chief Justice, Colorado Supreme Court

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