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TCL > January 2014 Issue > Court Business

January 2014       Vol. 43, No. 1       Page  101
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 of Public Hearing and Request for Comments
Colorado Rules of Professional Conduct
Proposed New Comment [2A] to Colo. RPC 8.4
and Proposed New Colo. RPC 8.6

Deadline for Comments: Tuesday, February 25, 2014, 5:00 p.m.
Hearing to be held on Thursday, March 6, 2014 at 1:30 p.m.

The Colorado will conduct a hearing on a proposed new Comment [2A] to existing Colorado Rule of Professional Conduct 8.4 and a proposed new rule Colorado Rule of Professional Conduct 8.6. The hearing will occur on Thursday, March 6, 2014, at 1:30 p.m., in the Colorado Courtroom, 2 E. 14th Avenue, 4th floor, Denver, Colorado.

The Court also requests written public comments by any interested person on the proposed new comment and the proposed new rule. Written comments should be submitted to Christopher Ryan, Clerk of the Court, 2 E. 14th Avenue, Denver, Colorado 80203 no later than 5:00 p.m. on Tuesday, February 25, 2014. Persons wishing to participate at the hearing should notify the Clerk no later than Friday, February 28, 2014. The Clerk will post written comments on the Colorado ’s website.

By the Court:

Nathan B. Coats and Monica M. Márquez
Justices, Colorado Supreme Court

_____________________________________

Proposed New Comment [2A] to
Colorado Rule of Professional Conduct 8.4. Misconduct

COMMENT

[2A] A lawyer’s "medical use" or "personal use" of marijuana that, by virtue of any of the following provisions of the Colorado Constitution, is either permitted or within an affirmative defense to prosecution under state criminal law, and which is in compliance with legislation or regulations implementing such provisions, does not reflect adversely on the lawyer’s honesty, trustworthiness, or fitness in other respects, solely because that same conduct, standing alone, may violate federal criminal law: (1) Article XVIII. Miscellaneous, Section 14, Medical use of marijuana for persons suffering from debilitating medical conditions, Subsection 14(1)(b); (2) Article XVIII. Miscellaneous, Section 14, Medical use of marijuana for persons suffering from debilitating medical conditions, Subsection 14(4); or (3) Article XVIII, Miscellaneous, Section 16, Personal use and regulation of marijuana, Subsection 16(3).

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Colorado Rules of Professional Conduct
Proposed New Rule 8.6. Counseling Clients Concerning Marijuana

Notwithstanding any other provision of these rules, a lawyer shall not be in violation of these rules or subject to discipline for counseling or assisting a client to engage in conduct that, by virtue of (1) Article XVIII. Miscellaneous, Section 14, Medical use of marijuana for persons suffering from debilitating medical conditions, or (2) Article XVIII, Miscellaneous, Section 16, Personal use and regulation of marijuana, the lawyer reasonably believes to be either permitted or within an affirmative defense to prosecution under state criminal law, and which the lawyer reasonably believes is in compliance with legislation or regulations implementing such provisions, solely because that same conduct, standing alone, may violate federal criminal law.

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Corrective Order to Rule Change 2013(14)
Colorado Rules of Probate Procedure
Chapter 27. Rule 37. Discovery
Amended and Adopted

Rule 37. Discovery

(a) This rule establishes the provisions and structure for discovery in all proceedings seeking relief under Title 15, C.R.S. Nothing in this Rule shall alter the court’s authority and ability to direct proportional limitations on discovery or to impose a case management structure or enter other discovery orders. Upon appropriate Motion or sua sponte, the court may apply the Rules of Civil Procedure in whole or in part, may fashion discovery rules applicable to specific proceedings and may apply different discovery rules to different parts of the proceeding.

(b) Unless otherwise ordered by the court, the parties may engage in the discovery provided by C.R.C.P. 27 through 37. Any discovery conducted in Title 15 proceedings prior to the issuance of a case management or other discovery order shall be subject to C.R.C.P. 26(a)(2)(A); 26(a)(2)(B); 26(a)(4) and (5); and 26(b) through (g). However, due to the unique, expedited and often exigent circumstances in which probate proceedings take place, C.R.C.P. 16, 16.1, 16.2 and 26(a)(1), do not apply to probate proceedings unless ordered by the court or stipulated to by the parties.

(c) C.R.C.P. 45 and 121, Section 1-12, are applicable to proceedings under Title 15.

(d) Notwithstanding subsections (a) through (c) of this Rule 37, subpoenas and discovery directed to a respondent in proceedings under Part 3 of Article 14 of Title 15, shall not be permitted without leave of court, or until a petition for appointment of a guardian has been granted under Section 15-14-311, C.R.S.

Corrective Order Amended and Adopted by the Court, en banc, October 31, 2013, nunc pro tunc October 10, 2013, effective immediately.

By the Court:

Nancy E. Rice
Justice, Colorado Supreme Court

___________________________________

Rule Change 2013(16)
Colorado Rules of Criminal Procedure
Rule 5. Preliminary Proceedings
Amended and Adopted

Rule 5. Preliminary Proceedings

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

(c) Misdemeanor and Petty Offense Proceedings.

(1) [No change]

(2) Appearance Before the Court. At the first appearance in the county court the defendant shall be advised in accordance with the provisions set forth in subparagraphs (a) (2) (I) through (VII) of this Rule.

(3) [No change]

Amended and Adopted by the Court, en banc, October 31, 2013, effective January 1, 2014.

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 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. 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 08–02
Directive Concerning Assessment of Cost Recovery Fees for
Maintaining the Technical Infrastructure Necessary to
Support Electronic Access to Court Records
Amended October 29, 2013

Whereas, the Judicial Department (hereinafter Department) electronically transmits documents and court records for the efficient operation of the Colorado State Court system, including probation;

Whereas the Department has implemented an Internet based program which gives access to court data to the general public and other governmental entities; and

Whereas the Department has implemented an Internet based program which gives the general public access to the Department’s e-filing program; and

Whereas, the Department’s budget, as approved by the General Assembly, assumes the collection and use of cash funds for hardware, software, and staffing for the different programs deployed by the Department;

Now, therefore, it is ordered that these cost recovery fees are set administratively such that the revenue generated from the fees approximates the direct and indirect costs of the equipment and staff time necessary to provide access to the Department’s computer information system by the public and other agencies. Fees described in the paragraphs below are listed in the fee charts which are Attachments A, and B to this directive.

I. Access Fees for Private Probation

Private probation providers under contract to provide services to the Colorado Judicial Department to supervise certain offenders sentenced by the court to probation pay a fee in order to access and enter data into the court computerized data management system.

II. Public Access to Court Records

The public can obtain electronic access to certain court records through the Internet. The cost for this service to the public varies from vendor to vendor and may depend on volume purchases from the vendor.

III. E-filing of Court Documents

The Department provides for e-filing of court documents in trial court and appellate court cases. The Department charges fees for this e-filing service as identified in Attachment B. The Department may charge additional fees for newly developed services as they become available.

IV. Drug Treatment Providers, Municipal Courts, and Other Organizations authorized to access data in the court management system

Certain treatment providers and governmental agencies have access to the court’s computerized data management system for purposes of data entry, query or use as a court data management system (e.g., Municipal Courts).

Changes to Attachments A, or B of this Directive may be adopted as an order of the Colorado Supreme Court by the Chief Justice or by the Justice appointed as chair of the Public Access Committee.

CJD 08-02 is amended, effective August 6, 2008.
CJD 08-02 is amended, effective August 9, 2011.
CJD 08-02 is amended, effective October 1, 2012.
CJD 08-02 is amended, effective October 29, 2013.
Done at Denver, Colorado October 29, 2013.

Michael L. Bender
Chief Justice, Colorado Supreme Court

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