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TCL > April 2014 Issue > Court Business

The Colorado Lawyer
April 2014
Vol. 43, No. 4 [Page  87]

© 2014 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 2014(01)
Colorado Rules of Criminal Procedure
Rule 37. Appeals from County Court
Amended and Adopted

Rule 37. Appeals from County Court

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

(c) Contents of Record on Appeal. Upon the filing of a notice of appeal and upon the posting of any advance costs by the appellant, as are required for the preparation of a record, unless the appellant is granted leave to proceed as an indigent, the clerk of the county court shall prepare and issue as soon as possible a record of the proceedings in the county court, including the summons and complaint or warrant, the separate complaint if any has been issued, and the judgment. The record shall also include a transcription or a joint stipulation of such part of the actual evidence and other proceedings as the parties designate. If the proceedings have been recorded electronically, the transcription of designated evidence and proceedings shall be prepared in the office of the clerk of the court, either by him or her or under his or her supervision, within 42 days after the filing of the notice of appeal or within such additional time as may be granted by the county court. The clerk shall notify in writing the opposing parties of the completion of the record, and such parties shall have 14 days within which to file objections. If none are received, the record shall be certified forthwith by the clerk. If objections are made, the parties shall be called for hearing and the objections settled by the county judge and the record then certified.

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

Amended and Adopted by the Court, en banc, January 9, 2014, effective immediately.

By the Court:

Nathan B. Coats, Justice
Colorado Supreme Court

_____________________________________

Rule Change 2014(02)
Colorado Rules of Civil Procedure
Chapter 18. Rules Governing Admission to the Bar
Rule 227. Registration Fee
Amended and Adopted

Rule 227. Registration Fee

A. Registration Fee of Attorneys and Attorney Judges

(1) General Provisions. [No change]

(a) and (b) [No change]

(c) Application of Fees. The fee shall be divided. Twenty-five 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) through (8) [No change]

B. Registration Fee of Non-Attorney Judges

(1) through (5) [No change]

Amended and Adopted by the Court, en banc, January 16, 2014 effective immediately.

By the Court:

Nathan B. Coats, Justice
Monica M. Márquez, Justice
Colorado Supreme Court

_____________________________________

Rule Change 2014(03)
Colorado Rules of Evidence
Rule 803. Hearsay Exceptions: Availability of Declarant Immaterial
Amended and Adopted

The following are not excluded by the hearsay rule, even though the declarant is available as a witness:

(1) through (9) [No change]

(10) Absence of a Public Record. Testimony—or a certification under Rule 902—that a diligent search failed to disclose a public record or statement if:

(A) the testimony or certification is admitted to prove that

(i) the record or statement does not exist; or

(ii) a matter did not occur or exist, if a public office regularly kept a record or statement for a matter of that kind; and

(B) in a criminal case, a prosecutor who intends to offer a certification provides written notice of that intent at least 14 days before trial, and the defendant does not object in writing within 7 days of receiving the notice—unless the court sets a different time for the notice or the objection.

COMMITTEE COMMENT

The Committee recommended adoption of this amended version of C.R.E. 803(10) to follow the identical amendment to F.R.E. 803(10) which took effect on December 1, 2013.

(11) through (18) [No change]

Amended and Adopted by the Court, en banc, February 18, 2014, effective immediately.

By the Court:

Nathan B. Coats
Justice, Colorado Supreme Court


Colorado Judicial Department
Chief Justice of the Supreme Court Directives

Notice of Availability

Chief Justice Directives (CJDs) are available 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 98-03
Concerning the Preparation of the Record in Death Penalty Cases
in the Trial Court and in the Appellate Courts
Repealed

I hereby repeal Chief Justice Directive 98-03, signed October 23, 2009, concerning the preparation of the record in death penalty cases in the trial court and in the appellate courts, and declare that it be no longer in force or effect. As of the effective date of this directive, the courts are permitted to transmit the trial court to the appellate court electronically as in all other appeals and maintain a public access copy of the record in paper format, should they deem necessary.

Dated at Denver, Colorado and effective February 5, 2014.

Nancy E. Rice
Chief Justice, Colorado Supreme Court


Colorado Court of Appeals

Policy Regarding the Names of
Children and Sexual Assault Victims
Dated: February 16, 2014

It is the policy of the Colorado Court of Appeals to protect the identities of children and sexual assault victims involved in delinquency, dependency and neglect, or criminal judicial proceedings. Therefore, it is the policy of the Court of Appeals that the names of children and sexual assault victims should not be disclosed in the opinions of the Court, in briefs and pleadings filed with the Court, or in oral argument. In order to provide timely and appropriate access to records while not disclosing protected information, children, sexual assault victims, and the relatives of children and sexual assault victims should be identified by using the initials of their names or appropriate general descriptive terms such as "victim," "child," "father," or "mother." When the defendant in a criminal case is a family member of the child or sexual assault victim involved in a proceeding, the defendant shall be named.

Comment: This policy is based on the legislative requirements found in Colo. Rev. Stat. §§ 19-1-102(1.7) and 24-72-304(4)9a).

Note: This policy may be found on the Court of Appeals’ website at www.courts.state.co.us/userfiles/file/Court_Probation/Court_Of_Appeals/
Forms/Policy%20on%20names%20of%20children%20and%20sexual%
20assault%20victims%20-%20clean%20copy.pdf.

By the Court:

Alan M. Loeb
Chief Judge

© 2014 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=2014.


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