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TCL > January 2000 Issue > Court Business

January 2000       Vol. 29, No. 1       Page  87
From the Courts
Court Business

Court Business

Colorado Rules of Civil Procedure
Appendix to Chapters 18 to 20
Colorado Rules of Professional Conduct
Client-Lawyer Relationship
Corrective Order

Rule 1.15. Interest-Bearing Accounts to be Established for the Benefit of the Client or Third Persons or the Colorado Lawyer Trust Account Foundation; Notice of Overdrafts; Record Keeping.

(a) – (d) No Change.

(e)(1) – (2) No Change.

(3) Information necessary to determine compliance or justifiable reason for noncompliance with subparagraph (e)(2) shall be included in the annual attorney registration statement. The Colorado Lawyer Trust Account Foundation shall assist the court in determining whether lawyers or law firms have complied in establishing the trust account required under subparagraph (e)(2). If it appears that a lawyer or law firm has not complied where it is feasible to do so, the matter may be referred to the disciplinary ATTORNEY REGULATION counsel for investigation and proceedings in accordance with C.R.C.P. 241.

(f) – (j) No Change.

This Corrective Order is issued November 9, 1999, effective immediately.


Colorado Rules of Civil Procedure
Chapter 18. Rules Governing Admission to the Bar
Rule 201
Corrective Order

Rule 201.10. Formal Hearings

(1) If, under Rule 201.9, an inquiry panel finds probable cause to believe that an applicant is mentally unstable or ethically or morally unfit for admission to the Bar, a formal hearing shall be conducted by a hearing panel if the applicant makes a written request as specified in Rule 201.9 (6)(c). The issues at the formal hearing shall be limited to those in the inquiry panel findings and challenged in the applicant’s request for a hearing unless, prior to the hearing, the discilplinary ATTORNEY REGULATION counsel requests the inquiry panel to reopen the probable cause determination to consider additional information. The chair of the Bar Committee shall designate one member of the hearing panel as its chair who shall rule on all motions, objections and other matters presented in connection with a formal hearing.

(2)(a) – (c) No Change.

(d) Within thirty days after the conclusion of the hearing, the hearing panel shall prepare and file with the Supreme Court its report including findings of fact, conclusions of law and recommendations as to admission. Copies of the hearing panel’s report shall be supplied to the disciplinary ATTORNEY REGULATION counsel and the applicant. Within fifteen days after service of the hearing panel’s report, both the applicant and the disciplinary ATTORNEY REGULATION counsel shall have the right to file with the Supreme Court and serve on the opposing party written exceptions to the report.

(2)(e) No Change.

(3) No Change.

(4) At the formal hearing, the office of the disciplinary ATTORNEY REGULATION counsel shall represent the inquiry panel and shall present evidence in support of the inquiry panel’s findings. The hearing panel shall take evidence and make findings of fact and conclusions of law. With the permission of the chair of the panel and upon sufficient notice to the applicant, the disciplinary ATTORNEY REGULATION counsel may file amendments made by the inquiry panel to its findings. The burden of going forward initially shall be on the disciplinary ATTORNEY REGULATION counsel. On motion of the disciplinary ATTORNEY REGULATION counsel, and upon a showing of good cause, the hearing panel may require the applicant to submit to a mental status examination conducted by a psychiatrist or psychologist, or to submit to a substance abuse evaluation conducted by a qualified professional of the disciplinary ATTORNEY REGULATION counsel’s choosing, the cost of which shall be borne by the applicant.

(5) – (6) No Change.

This Corrective Order is issued November 9, 1999, effective immediately.

By the Court:

Gregory J. Hobbs, Jr.
Justice, Colorado Supreme Court


Colorado Rules of Civil Procedure
Colorado Rules of Professional Conduct
(Appendix to Chapters 18 to 20)
Rule 6.1. Pro Bono Public Service
Repealed and Readopted

The entire existing Rule 6.1 Pro Bono Public Service is repealed and readopted as follows. This repeal and readoption is adopted November 2, 1999, En Banc, effective January 1, 2000.

By the Court:

Rebecca Love Kourlis
Justice, Colorado Supreme Court

RULE 6.1 VOLUNTARY PRO BONO PUBLIC SERVICE

A lawyer should aspire to render at least fifty (50) hours of pro bono public legal services per year. In fulfilling this responsibility, the lawyer should:

(a) provide a substantial majority of the fifty (50) hours of legal services without fee or expectation of fee to:

(1) persons of limited means or

(2) charitable, religious, civic, community, governmental and educational organizations in matters which are designed primarily to address the needs of persons of limited means; and

(b) provide any additional legal or public service through:

(1) delivery of legal services at no fee or a substantially reduced fee to individuals, groups or organizations seeking to secure or protect civil rights, civil liberties or public rights, or charitable, religious, civic, community, governmental and educational organizations in matters in furtherance of their organizational purposes, where the payment of standard legal fees would significantly deplete the organization’s economic resources or would be otherwise inappropriate;

(2) delivery of legal services at a substantially reduced fee to persons of limited means; or

(3) participation in activities for improving the law, the legal system or the legal profession.

In addition, a lawyer should voluntarily contribute financial support to organizations that provide legal services to persons of limited means.

Where constitutional, statutory or regulatory restrictions prohibit government and public sector lawyers or judges from performing the pro bono services outlined in paragraphs (a)(1) and (2), those individuals should fulfill their pro bono responsibility by performing services or participating in activities outlined in paragraph (b).

Comment

Every lawyer, regardless of professional prominence or professional work load, has a responsibility to provide legal services to those unable to pay. Indeed, the oath that Colorado lawyers take upon admittance to the Bar requires that a lawyer will never "reject, from any consideration personal to myself, the cause of the defenseless or oppressed." In some years a lawyer may render greater or fewer hours than the annual standard specified, but during the course of his or her legal career, each lawyer should render on average per year, the number of hours set forth in this Rule. Services can be performed in civil matters or in criminal or quasi-criminal matters for which there is no government obligation to provide funds for legal representation, such as post-conviction death penalty appeal cases.

Paragraphs (a)(1) and (2) recognize the critical need for legal services that exists among persons of limited means by providing that a substantial majority of the legal services rendered annually to the disadvantaged be furnished without fee or expectation of fee. Legal services under these paragraphs consist of a full range of activities, including individual and class representation, the provision of legal advice, legislative lobbying, administrative rule making and the provision of free training or mentoring to those who represent persons of limited means.

Persons eligible for legal services under paragraphs (a)(1) and (2) are those who qualify for participation in programs funded by the Legal Services Corporation and those whose incomes and financial resources are slightly above the guidelines utilized by such programs but nevertheless, cannot afford counsel. Legal services can be rendered to individuals or to organizations such as homeless shelters, battered women’s centers and food pantries that serve those of limited means. The term "governmental organizations" includes, but is not limited to, public protection programs and sections of governmental or public sector agencies.

Because service must be provided without fee or expectation of fee, the intent of the lawyer to render free legal services is essential for the work performed to fall within the meaning of paragraphs (a)(1) and (2). Accordingly, services rendered cannot be considered pro bono under paragraph (a) if an anticipated fee is uncollected, but the award of statutory lawyers’ fees in a case originally accepted as pro bono would not disqualify such services from inclusion under this section. Lawyers who do receive fees in such cases are encouraged to contribute an appropriate portion of such fees to organizations or projects that benefit persons of limited means.

While it is possible for a lawyer to fulfill the annual responsibility to perform pro bono services exclusively through activities described in paragraphs (a)(1) and (2), to the extent that any hours of service remain unfulfilled, the lawyer may satisfy the remaining commitment in a variety of ways as set forth in paragraph (b).

Paragraph (b)(1) includes the provision of certain types of legal services to those whose incomes and financial resources place them above limited means. It also permits the pro bono lawyer to accept a substantially reduced fee for services. Examples of the types of issues that may be addressed under this paragraph include First Amendment claims, Title VII claims and environmental protection claims. Additionally, a wide range of organizations may be represented, including social service, medical research, cultural and religious groups.

Paragraph (b)(2) covers instances in which lawyers agree to and receive a modest fee for furnishing legal services to persons of limited means. Acceptance of court appointments in which the fee is substantially below a lawyer’s usual rate are encouraged under this section.

Paragraph (b)(3) recognizes the value of lawyers engaging in activities that improve the law, the legal system or the legal profession. Serving on bar association committees, serving on boards of pro bono or legal services programs, taking part in Law Day activities, acting as a continuing legal education instructor, a mediator or an arbitrator and engaging in legislative lobbying to improve the law, the legal system or the profession are a few examples of the many activities that fall within this paragraph.

Because the provision of pro bono services is a professional responsibility, it is the individual ethical commitment of each lawyer. However, in special circumstances, such as death penalty cases and class action cases, it is appropriate to allow collective satisfaction by a law firm of the pro bono responsibility.

There may be times when it is not feasible for a lawyer to engage in pro bono services. At such times a lawyer may discharge the pro bono responsibility by providing financial support to organizations providing free legal services to persons of limited means. Such financial support should be reasonably equivalent to the value of the hours of service that would have otherwise been provided. Because the efforts of individual lawyers are not enough to meet the need for free legal services that exists among persons of limited means, the government and the profession have instituted additional programs to provide those services. Every lawyer should financially support such programs, in addition to either providing direct pro bono services or making financial contributions when pro bono service is not feasible.

The responsibility set forth in this Rule is not intended to be enforced through disciplinary process.

Model Code Comparison

There was no counterpart of this Rule in the Disciplinary Rules of the Model Code. EC 2-25 stated that the "basic responsibility for providing legal services for those unable to pay ultimately rests upon the individual lawyer. . . . Every lawyer, regardless of professional prominence or professional work load, should find time to participate in serving the disadvantaged." EC 8-9 stated that "[t]he advancement of our legal system is of vital importance in maintaining the rule of law . . . [and] lawyers should encourage, and should aid in making, needed changes and improvements." EC 8-3 stated that "[t]hose persons unable to pay for legal services should be provided needed services."


Chapter 29. Colorado Rules of Criminal Procedure
II. Initiation of Preliminary Felony Proceedings
Rule 5. Preliminary Proceedings
Amended and Adopted

(a) Felony Proceedings.

(1) through (3) No Change.

(4) Preliminary Hearing—County Court Procedures. Every person accused of a CLASS 1, 2, OR 3 felony in a felony complaint has the right to demand and receive a preliminary hearing to determine whether probable cause exists to believe that the offense charged in the felony complaint was committed by the defendant. IN ADDITION, ONLY THOSE PERSONS ACCUSED OF A CLASS 4, 5, OR 6 FELONY BY FELONY COMPLAINT WHICH FELONY REQUIRES MANDATORY SENTENCING OR IS A CRIME OF VIOLENCE AS DEFINED IN SECTION 16-11-309 OR IS A SEXUAL OFFENSE UNDER PART 4 OF ARTICLE 3 OF TITLE 18, C.R.S., SHALL HAVE THE RIGHT TO DEMAND AND RECEIVE A PRELIMINARY HEARING TO DETERMINE WHETHER PROBABLE CAUSE EXISTS TO BELIEVE THAT THE OFFENSE CHARGED IN THE FELONY COMPLAINT WAS COMMITTED BY THE DEFENDANT. HOWEVER, ANY DEFENDANT ACCUSED OF A CLASS 4, 5, OR 6 FELONY WHO IS NOT OTHERWISE ENTITLED TO A PRELIMINARY HEARING MAY DEMAND AND SHALL RECEIVE A PRELIMINARY HEARING IF THE DEFENDANT IS IN CUSTODY; EXCEPT THAT, UPON MOTION OF EITHER PARTY, THE COURT SHALL VACATE THE PRELIMINARY HEARING IF THERE IS A REASONABLE SHOWING THAT THE DEFENDANT HAS BEEN RELEASED FROM CUSTODY PRIOR TO THE PRELIMINARY HEARING. ANY PERSON ACCUSED OF A CLASS 4, 5, OR 6 FELONY WHO IS NOT ENTITLED TO A PRELIMINARY HEARING SHALL, UNLESS OTHERWISE WAIVED, PARTICIPATE IN A DISPOSITIONAL HEARING FOR THE PURPOSES OF CASE EVALUATION AND POTENTIAL RESOLUTION. The following procedures shall govern the holding of a preliminary hearing:

(I) and (II) No Change.

(III) If the county court determines such probable cause exists OR IF THE CASE IS NOT OTHERWISE RESOLVED PURSUANT TO A DISPOSITIONAL HEARING IF NO PRELIMINARY HEARING WAS HELD, it shall order the defendant bound over to the appropriate court of record for trial. In appropriate cases, the defendant may be admitted to or continued on bail by the county court, but bond shall be made returnable in the trial court and at a day and time certain. All county court records, except the reporter’s transcript notes, or recording, shall be transferred forthwith by the clerk of the county court to the clerk of the appropriate court of record.

(IV) and (V) No Change.

(4.5) A DISPOSITIONAL HEARING IS AN OPPORTUNITY FOR THE PARTIES TO REPORT TO THE COURT ON THE STATUS OF DISCUSSIONS TOWARD DISPOSITION, INCLUDING PRESENTING ANY RESOLUTION PURSUANT TO C.R.S. 16-7-302. THE COURT SHALL SET THE DISPOSITIONAL HEARING AT A TIME THAT WILL AFFORD THE PARTIES AN OPPORTUNITY FOR CASE EVALUATION AND POTENTIAL RESOLUTION.

(5) Procedure Upon Failure to Request Preliminary Hearing. No Change.

(b) and (c) No Change.

Amended and Adopted by the Court, En Banc, November 4, 1999, effective January 1, 2000.

Chapter 29. Colorado Rules of Criminal Procedure
II. Initiation of Preliminary Felony Proceedings
Rule 7. The Indictment and the Information
Amended and Adopted

(a) The Indictment. No Change.

(b) The Information.

(1) and (2) No Change.

(3) Information After Preliminary Hearing or Waiver OR DISPOSITIONAL HEARING. An information may be filed, without consent of the trial court having jurisdiction, for any offense against anyone who has either:

(I) Failed to request a preliminary hearing in the county pursuant to Rule 5; or

(II) Had a preliminary hearing OR DISPOSITIONAL HEARING and has been bound over by the county court to appear in the court having trial jurisdiction.

(4) and (5) No Change.

(c) through (g) No Change.

(h) Preliminary Hearing—District Court Procedures.

(1) In cases in which a direct information was filed pursuant to Rule 7(c), either the defendant, or the prosecutor, IF ACCUSED OF A CLASS 1, 2, OR 3 FELONY OR A CLASS 4, 5, OR 6 FELONY IF SUCH FELONY REQUIRES MANDATORY SENTENCING OR IS A CRIME OF VIOLENCE AS DEFINED IN SECTION 16-11-309 OR IS A SEXUAL OFFENSE UNDER PART 4 OF ARTICLE 3 OF TITLE 18, C.R.S. may request a preliminary hearing to determine whether probable cause exists to believe that the offense charged in the information has been committed by the defendant. HOWEVER, ANY DEFENDANT ACCUSED OF A CLASS 4, 5, OR 6 FELONY WHO IS NOT OTHERWISE ENTITLED TO A PRELIMINARY HEARING MAY REQUEST A PRELIMINARY HEARING IF THE DEFENDANT IS IN CUSTODY; EXCEPT THAT, UPON MOTION OF EITHER PARTY, THE COURT SHALL VACATE THE PRELIMINARY HEARING IF THERE IS A REASONABLE SHOWING THAT THE DEFENDANT HAS BEEN RELEASED FROM CUSTODY PRIOR TO THE PRELIMINARY HEARING. ANY PERSON ACCUSED OF A CLASS 4, 5, OR 6 FELONY WHO MAY NOT REQUEST A PRELIMINARY HEARING SHALL PARTICIPATE IN A DISPOSITIONAL HEARING UNLESS OTHERWISE WAIVED FOR THE PURPOSES OF CASE EVALUATION AND POTENTIAL RESOLUTION. The request FOR A PRELIMINARY HEARING shall be made prior to plea together with any motions filed pursuant to Rule 12(b). The trial court may permit a request for a preliminary hearing to be made after a plea only upon a showing of good and sufficient cause. No request for a preliminary hearing may be filed in a case which is to be tried upon indictment.

(2) Upon the making of such a request, OR IF A DISPOSITIONAL HEARING IS REQUIRED, the district court shall set the hearing which shall be held within thirty days of the day of the setting, unless good cause for continuing the hearing beyond that period is shown to the court. The clerk of the court shall prepare and give notice of the hearing, or any continuance thereof, to all parties and their counsel.

(3) No Change.

(4) If, from the evidence, it appears to the district court that no probable cause exists to believe that the offense charged has been committed by the defendant, the court shall discharge the defendant and dismiss the information; otherwise, OR SUBSEQUENT TO A DISPOSITIONAL HEARING, it shall set the case for arraignment or trial. If the prosecutor believes the court erred in its finding of no probable cause, this ruling may be appealed pursuant to Colorado appellate rules. Such a ruling shall not constitute good cause for refiling.

(4.5) A DISPOSITIONAL HEARING IS AN OPPORTUNITY FOR THE PARTIES TO REPORT TO THE COURT ON THE STATUS OF DISCUSSIONS TOWARD DISPOSITION, INCLUDING PRESENTING ANY RESOLUTION PURSUANT TO C.R.S. 16-7-302. THE COURT SHALL SET THE DISPOSITIONAL HEARING AT A TIME THAT WILL AFFORD THE PARTIES AN OPPORTUNITY FOR CASE EVALUATION AND POTENTIAL RESOLUTION.

(5) No Change.

Amended and Adopted by the Court, En Banc, November 4, 1999, effective January 1, 2000.


Chapter 29. Colorado Rules of Criminal Procedure
IV. Arraignment and Preparation for Trial
Rule 16. Discovery and Procedure Before Trial
Amended and Adopted

Part I. Disclosure to Defendant

(a) Prosecutor’s Obligations.

(1) The prosecuting attorney shall make available to the defendant the following material and information which is within the possession or control of the prosecuting attorney, and shall provide duplicates upon request, and concerning the pending case:

(I) Police, arrest and crime or offense reports, including statements of all witnesses the accused, and any codefendant ;

(II) through (VI) No Change.

(VII) A written list of the names and addresses of the witnesses then known to the district attorney whom he or she intends to call upon at trial;

(VIII) ANY WRITTEN OR RECORDED STATEMENTS OF THE ACCUSED OR OF A CODEFENDANT, IF THE TRIAL IS TO BE A JOINT ONE, AND THE SUBSTANCE OF ANY ORAL STATEMENTS MADE TO THE POLICE OR PROSECUTION BY THE ACCUSED OR BY A CODEFENDANT, IF THE TRIAL IS TO BE A JOINT ONE.

(2) AND (3) No Change.

(b) Prosecutor’s Performance of Obligations. No Change.

(c) Material Held by Other Governmental Personnel. No Change.

(d) Discretionary Disclosures.

(1) No Change.

(2) The court may deny disclosure authorized by this section if it finds that there is substantial risk to any person of physical harm, intimidation, bribery, economic reprisals, or unnecessary annoyance or embarrassment, resulting from such disclosure, which outweighs any usefulness of the disclosure to defense counsel.

(3) WHERE THE INTERESTS OF JUSTICE WOULD BE SERVED, THE COURT MAY ORDER THE PROSECUTION TO DISCLOSE THE UNDERLYING FACTS OR DATA SUPPORTING THE OPINION IN THAT PARTICULAR CASE OF AN EXPERT ENDORSED AS A WITNESS. IF A REPORT HAS NOT BEEN PREPARED BY THAT EXPERT TO AID IN COMPLIANCE WITH OTHER DISCOVERY OBLIGATIONS OF THIS RULE, THE COURT MAY ORDER THE PARTY CALLING THAT EXPERT TO PROVIDE A WRITTEN SUMMARY OF THE TESTIMONY DESCRIBING THE WITNESS’S OPINIONS AND THE BASES AND REASONS THEREFOR, INCLUDING RESULTS OF PHYSICAL OR MENTAL EXAMINATION AND OF SCIENTIFIC TESTS, EXPERIMENTS, OR COMPARISONS. THE INTENT OF THIS SECTION IS TO ALLOW THE DEFENSE SUFFICIENT MEANINGFUL INFORMATION TO CONDUCT EFFECTIVE CROSS-EXAMINATION UNDER CRE 705.

(e) Matters not Subject to Disclosure. No Change.

Part II. Disclosure to Prosecution

(a) The Person of the Accused. No Change.

(b) Medical and Scientific Reports.

(1) Subject to constitutional limitations, the trial court may require that the prosecuting attorney be informed of and permitted to inspect and copy or photograph any reports or statements of experts, made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons.

(2) SUBJECT TO CONSTITUTIONAL LIMITATIONS, AND WHERE THE INTERESTS OF JUSTICE WOULD BE SERVED, THE COURT MAY ORDER THE DEFENSE TO DISCLOSE THE UNDERLYING FACTS OR DATA SUPPORTING THE OPINION IN THAT PARTICULAR CASE OF AN EXPERT ENDORSED AS A WITNESS. IF A REPORT HAS NOT BEEN PREPARED BY THAT EXPERT TO AID IN COMPLIANCE WITH OTHER DISCOVERY OBLIGATIONS OF THIS RULE, THE COURT MAY ORDER THE PARTY CALLING THAT EXPERT TO PROVIDE A WRITTEN SUMMARY OF THE TESTIMONY DESCRIBING THE WITNESS’ OPINIONS AND THE BASES AND REASONS THEREFOR, INCLUDING RESULTS OF PHYSICAL OR MENTAL EXAMINATIONS AND OF SCIENTIFIC TESTS, EXPERIMENTS OR COMPARISONS. THE INTENT OF THIS SECTION IS TO ALLOW THE PROSECUTION SUFFICIENT MEANINGFUL INFORMATION TO CONDUCT EFFECTIVE CROSS-EXAMINATION UNDER CRE 705.

(c) Nature of Defense.

Subject to constitutional limitations, the trial court may require that DEFENSE COUNSEL SHALL DISCLOSE TO the prosecuting attorney be informed of PROSECUTION the nature of any defense, OTHER THAN ALIBI, which defense counsel intends to use at trial. and the THE DEFENSE COUNSEL SHALL ALSO DISCLOSE THE names and addresses of persons whom defense counsel intends to call as witnesses AT TRIAL. in support thereof. AT THE ENTRY OF THE NOT GUILTY PLEA, THE COURT SHALL SET A DEADLINE FOR SUCH DISCLOSURE. IN NO CASE SHALL SUCH DISCLOSURE BE LESS THAN THIRTY (30) DAYS BEFORE TRIAL FOR A FELONY TRIAL, OR SEVEN (7) DAYS BEFORE TRIAL FOR AN NON-FELONY TRIAL, EXCEPT FOR GOOD CAUSE SHOWN. Upon receipt of the information required by this subsection (c), the prosecuting attorney shall notify defense counsel of any additional witnesses which he THE PROSECUTION intends to call to rebut such defense within a reasonable time before trial after their identity becomes known.

(d) Notice of Alibi. No Change.

Part III. Regulation of Discovery

No Change.

Part IV. Procedure

No Change.

Part V. Time Schedules and Discovery Procedures

(a) Mandatory Discovery.

The furnishing of the items discoverable, referred to in Part I (a), (b) and (c) and Part II (b)(1), (c) and (d) herein, is mandatory and no motions for discovery with respect to such items may be filed.

(b) Time Schedule.

(1) In the event the defendant enters a plea of not guilty or not guilty by reason of insanity, or asserts the defense of impaired mental condition, defense counsel shall as soon as practicable but not later than thirty days before trial, furnish to the prosecuting attorney THE COURT SHALL SET A DEADLINE FOR SUCH DISCLOSURE TO THE PROSECUTING ATTORNEY OF those items referred to in Parts II (b)(1) and (c) herein, subject to objections which may be raised by defense counsel within that period pursuant to Part III (d) of this rule. IN NO CASE SHALL SUCH DISCLOSURE BE LESS THAN THIRTY (30) DAYS BEFORE TRIAL FOR A FELONY TRIAL, OR SEVEN (7) DAYS BEFORE TRIAL FOR A NON-FELONY TRIAL, EXCEPT FOR GOOD CAUSE SHOWN.

(2) and (3) No Change.

(c) Cost and Location of Discovery. No Change.

(d) Compliance Certificate. No Change.

Amended and Adopted by the Court, En Banc, November 4, 1999, effective January 1, 2000.


Chapter 29. Colorado Rules of Criminal Procedure
IV. Arraignment and Preparation for Trial
Rule 17. Subpoena
Amended and Adopted

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 (c) No Change.

(d) SERVICE ON A MINOR. SERVICE OF A SUBPOENA UPON A PARENT OR LEGAL GUARDIAN WHO HAS PHYSICAL CARE OF AN UNEMANCIPATED MINOR THAT CONTAINS WORDING COMMANDING SAID PARENT OR LEGAL GUARDIAN TO PRODUCE THE UNEMANCIPATED MINOR FOR THE PURPOSE OF TESTIFYING BEFORE THE COURT SHALL BE VALID SERVICE COMPELLING THE ATTENDANCE OF BOTH SAID PARENT OR LEGAL GUARDIAN AND THE UNEMANCIPATED MINOR FOR EXAMINATION AS WITNESSES. IN ADDITION, SERVICE OF A SUBPOENA AS DESCRIBED IN THIS SUBSECTION SHALL COMPEL SAID PARENT OR LEGAL GUARDIAN EITHER TO MAKE ALL NECESSARY ARRANGEMENTS TO ENSURE THAT THE UNEMANCIPATED MINOR IS AVAILABLE BEFORE THE COURT TO TESTIFY OR TO APPEAR IN COURT AND SHOW GOOD CAUSE FOR THE UNEMANCIPATED MINOR’S FAILURE TO APPEAR.

(d)(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 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.

(e)(f) Place of Service.

(1) In Colorado. A subpoena requiring the attendance of a witness at a hearing or trial may be served anywhere within Colorado.

(2) Witness from Another State. Service on a witness outside this state shall be made only as provided by law.

(f)(g) For Taking Deposition—Issuance. A court order to take a deposition authorizes the issuance by the clerk of the court of subpoenas for the persons named or described in the order.

(g)(h) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon him may be deemed a contempt of the court from which the subpoena issued.

Amended and Adopted by the Court, En Banc, November 4, 1999, effective January 1, 2000.

By the Court:

Alex J. Martinez
Justice, Colorado Supreme Court


Chapter 29.5. Colorado Rules for County Court
Traffic Violations Bureaus
Corrective Order

Rule 1. Establishment of Traffic Violations Bureaus

There is hereby established in every county court in this state a traffic violations bureau for the processing of cases as hereinafter provided.

Rule 2. Purpose and Construction

These rules are intended to provide for the just and speedy disposition of minor traffic cases without appearance before a judge. They shall be construed to secure simplicity and uniformity in procedure and to minimize expense and delay while preserving the rights of defendants.

Rule 3. Definitions

Unless otherwise provided, the following definitions shall apply throughout these rules:

(a) "Process" means to dispose of cases in a traffic violations bureau without appearance before a judge or referee.

(b) "Clerk" means the clerk or deputy clerk of a county court.

Rule 4. Cases Processed by Traffic
Violations Bureaus

(a) A county court traffic violations bureau may process any case involving violations contained in articles 2, 3, and 4 of title 42, C.R.S., as amended, except the following:

(1) Cases commenced by the issuance of a penalty assessment notice under section 42-4-15701 (45) (a), C.R.S., as amended;

(2) Cases involving any violation designated as a class 1 or class 2 traffic offense under article 4 of title 42, C.R.S., as amended;

(3) Cases involving charges of driving without a valid driver’s license or while the driver’s license is suspended, denied, or revoked, or while the driver’s license has been expired for more than one year;

(4) Cases involving false, altered, or fraudulent drivers’ licenses or false, altered, or fraudulent safety inspection stickers;

(5) Cases in which the summons indicates that a traffic accident or collision was involved;

(6) Cases in which the offense charged is a felony;

(7) Cases involving violations contained in sections 42-2-101 (3), 42-2-1056, 42-2- 12432, 42-2-12836, 42-2-1319, 42-3-12233 (1) (b) to (1) (fh), 42-3-13142, 42-4-21922, 42-4-2323, 42-4-303, 42-4-304, 42-4-507606, 42-4-6131904, 42-4-614712, and 42-4- 11091208, C.R.S., as amended; and

(8) Cases involving multiple charges, one or more of which is not eligible for processing in a traffic violations bureau, or to one or more of which a defendant desires to enter a plea of not guilty.

(b) In traffic cases not eligible for processing in the traffic violations bureau, and except for penalty assessment notices paid properly and timely to the motor vehicle division of the department of revenue, an appearance before a judge or referee shall be required.

Rule 5. Venue

A traffic violations bureau may process only those summonses issued for return in the county court in which the traffic violations bureau is situated.

Rule 6. Plea Agreements Prohibited

No charge shall be reduced, dismissed, or amended, and no new charge shall be added to any summons or complaint processed by any traffic violations bureau. A traffic violations bureau shall accept only a plea of guilty to each offense stated or charged in the notice or summons and complaint.

Rule 7. Acknowledgment and Waiver of Rights

(a) Before processing any case in a traffic violations bureau, the clerk shall ascertain that the defendant has been advised in writing of each of the following:

(1) The right to appear before a judge or a referee;

(2) The right to plead not guilty, and to have a trial by a judge, a referee, or a jury;

(3) The right to be represented by an attorney, and, if the defendant is indigent, to request the appointment of an attorney;

(4) The right to remain silent, and that any statement made by the defendant can and may be used against him;

(5) That any plea entered must be voluntary and not the result of undue influence or coercion on the part of anyone;

(6) The amount of fines and costs to be imposed, and that penalty points may be assessed against the driving privilege; and

(7) That if a plea of guilty is entered, the defendant waives the foregoing rights as well as any right of appeal.

(b) A document shall be delivered to the defendant providing a place for the defendant to execute a written acknowledgment and waiver of the rights set forth above, and to enter a plea of guilty to the offense or offenses charged.

(c) Such advisement, waiver, and plea may be incorporated in either of the following documents:

(1) The summons or notice served upon the defendant; or

(2) A separate document delivered to the defendant by the peace officer serving the summons or notice, or by the clerk at the traffic violations bureau when the defendant appears in person.

Rule 8. Procedure in Traffic Violations Bureaus

(a) Every traffic case shall be filed and indexed in the county court in the same manner, whether eligible or ineligible for processing in the traffic violations bureau.

(b) A traffic violations bureau shall accept guilty pleas and no others.

(c) A traffic violations bureau shall accept pleas of guilty only to the offense or offenses charged in the notice or summons and complaint and to no other offense. Such pleas may be entered in person, by counsel, or by mail.

(d) Every plea entered at a traffic violations bureau shall be in writing. The clerk shall not accept such plea or payment of fines and costs unless and until the defendant, or defendant’s counsel, has executed an acknowledgment and waiver of rights as provided in Rule 7.

(e) Every county court shall post in a conspicuous place in the clerk’s office a schedule of the fines and costs and the penalty points as provided by law for the offenses eligible for processing in the traffic violations bureau.

(f) After accepting a plea of guilty, the clerk shall assess and collect the appropriate fines as provided in Rule 9, together with costs as provided in Rule 10, and shall enter the plea and the amount of the fines and costs on the register of actions. After completing the foregoing, the clerk shall sign the register of actions. The completed entries and collections as set forth above shall constitute a judgment of conviction.

(g) The clerk shall provide a written receipt to each defendant, or defendant’s attorney, who pays any fine or costs in person, or who provides a stamped, self-addressed envelope for such purpose when making payment by mail.

(h) The clerk shall account for moneys received in the traffic violations bureau in the same manner as in other traffic cases.

(i) The clerk shall report each conviction in the traffic violations bureau to the motor vehicle division of the department of revenue pursuant to section 42-2-124, C.R.S., as amended.

Rule 9. Amounts of Fines

(a) The amounts of fines which shall be assessed in a traffic violations bureau for those violations set forth in the schedule contained in section 42-4-1701 (4) (a), C.R.S., as amended, shall be the amounts specified in that schedule.

(b) The amounts of fines which shall be assessed in a traffic violations bureau for violations other than those set forth in section 42-4-1501 (3) (a), C.R.S., as amended, shall be as follows:

(1) For driving with an expired driver’s license when such driver’s license has been expired less than one year, the sum of $15.00;

(2) For speeding violations, the sum of $25.00; and

(3) For all other violations, the sum of $10.00.

Rule 10. Costs

Each defendant entering a plea of guilty and paying a fine shall be charged the docket fee provided for traffic violations bureaus by section 13-32-105, C.R.S., as amended, in addition to such fine.

Rule 11. Application

These rules shall be uniform in all county courts in this state and shall apply to all traffic cases except as limited by Rule 4 herein.

Rule 12. Effective Date

These rules take effect January 10, 1978, and shall apply to violations alleged to have been committed on or after that date.

Rule 13. Citation

These rules shall be known and cited as the Colorado Rules for County Court Traffic Violations Bureaus, or R.T.V.B.

This Corrective Order is issued to conform these Rules with current statutory references, November 12, 1999, effective immediately.


Chapter 29.7. Colorado Rules for Traffic Infractions
Corrective Order

Rule 1. Scope and Purpose

These rules are promulgated pursuant to section 13-6-501 (9), C.R.S., and govern practice and procedures for the handling of noncriminal traffic infractions, which are defined as civil offenses in section 42-4-15011701 (1), C.R.S. The purpose of these rules is to provide for the orderly, expeditious, and fair disposition of this class of traffic offenses. For this purpose, the rules apply concepts of both civil and criminal law, as deemed appropriate, to establish informal hearing procedures in the county courts.

Rule 2. Application

These rules apply to actions in which only the commission of statutory traffic infractions are charged. In any action in which the commission of a traffic infraction and a criminal offense are alleged in one complaint, all charges shall be returnable and judgment shall be entered pursuant to section 42-4-1505.31708 (1), C.R.S., and the action shall be treated as one proceeding governed by the rules and statutes applicable to the alleged criminal offense.

Rule 3. Definitions

The following definitions shall apply in these rules:

(a) "Charging document" means the document commencing or initiating the traffic infraction matter, whether denoted as a complaint, summons and complaint, citation, penalty assessment notice, or other document charging the person with the commission of a traffic infraction or infractions.

(b) "Defendant" means any person charged with the commission of a traffic infraction, including but not limited to the following terms used in the implementing legislation: "cited person," "cited party," "individual," "person charged with a traffic violation," "violator," or "accused."

(c) "Docket fee" means a fee assessed according to the provisions of section 42-4-1505.71710 (2), (3), or (4), C.R.S., or a fee in the same amount as provided in these rules.

(d) "Judgment" means the admission of guilt or liability for any traffic infraction, the entry of judgment of guilt or liability, or the entry of default judgment as used in section 42-4-1505.5 1709 (7), C.R.S., against any person for the commission of a traffic infraction.

(e) "Officer" means a law enforcement agent who tenders or serves a charging document under these rules.

(f) "Penalty" means a fine pursuant to sections 42-4-1501 1701 (4) (a) and 42-4- 1505.7, C.R.S., if the charging document is a penalty assessment notice; or a fine pursuant to sections 42-4-1501 (2)1701 (3) (a) (I) and 42-4-1501 (4)1701 (5) (c) (II), C.R.S., if the charging document is any document other than a penalty assessment notice.

(g) "Referee" means any person appointed as a referee under section 13-6-501, C.R.S., and any judge acting as a referee to hear traffic infractions.

Rule 4. Commencement of Action

(a) An action under these rules is commenced by the tender or service of a charging document upon a defendant and by the filing of a charging document with the court.

Rule 5. Prohibition of Plea Agreements

Repealed June 16, 1988, effective January 1, 1989.

Rule 6. Payment Before Appearance

(a) The clerk of court shall accept payment of a penalty assessment notice by a defendant without an appearance before the referee, if payment is made within the period beginning two business days before the date of first hearing set out in the penalty assessment notice and ending at the time scheduled for the appearance.

(b) At the time of payment, the defendant shall sign a waiver of rights and acknowledgment of guilt or liability form, as set forth as Form A in the appendix to these rules, and pay a docket fee.

(c) This procedure shall constitute an entry and satisfaction of judgment.

Rule 7. First Hearing

(a) If the defendant has not previously acknowledged guilt or liability and satisfied the judgment, he shall appear before the referee at the time scheduled for first hearing.

(b) The defendant may appear in person or by counsel, who shall enter appearance in the case, providing, however, if an admission of guilt or liability is entered, the referee may require the presence of the defendant for the assessment of the penalty.

(c) If the defendant appears in person, the referee shall advise him in open court of the following:

(1) The nature of the infractions alleged in the charging document;

(2) The penalty and docket fee that may be assessed and the penalty points that may be assessed against the driving privilege;

(3) The consequences of the failure to appear at any subsequent hearing including entry of judgment against the defendant and reporting the judgment to the state motor vehicle division, which may assess points against the driving privilege and may deny an application for a driver’s license;

(4) The right to be represented by an attorney at the defendant’s expense;

(5) The right to deny the allegations and to have a hearing before the referee;

(6) The right to remain silent, because any statement made by the defendant may be used against him;

(7) Guilt or liability must be proven beyond a reasonable doubt;

(8) The right to testify, subpoena witnesses, present evidence, and cross-examine any witnesses for the state;

(9) Any answer must be voluntary and not the result of undue influence or coercion on the part of anyone; and

(10) An admission of guilt or liability constitutes a waiver of the foregoing rights and any right to appeal.

(d) The defendant personally or by counsel shall answer the allegations in the charging document either by admitting guilt or liability or by denying the allegations.

(e) If the defendant admits guilt or liability, the referee shall enter judgment and assess the appropriate penalty and the docket fee, after determining that the defendant understood the matters set forth in Rule 7(c) and has made a voluntary, knowing, and intelligent waiver of rights.

(f) If the defendant denies the allegations, the matter shall be set for final hearing, and the defendant and officer shall be notified.

Rule 8. Discovery

(a) Discovery shall not be available prior to final hearing.

(b) At the time of final hearing, the defendant is entitled to inspect all documents prepared by the officer which the officer intends to use in the presentation of evidence.

Rule 9. Subpoena

(a) A subpoena shall be issued only for the attendance of a witness or for the production of documentary evidence at final hearing.

(b) A subpoena shall be issued to any county within the state either by the clerk of court at the request of the officer or the defendant, or by counsel who has entered an appearance in the case.

(c) The service of a subpoena shall be by first class mail, if the person to whom it is directed waives personal service, as provided in Form B in the appendix to these rules. No fees or mileage need be tendered with service by mail.

(d) If the person to whom a subpoena is directed does not waive personal service, the issuance and service of a subpoena shall be as provided in Rule 345, C.R.C.P., except as otherwise provided in this rule.

Rule 10. Dismissal Before Final Hearing

(a) Except as provided in Rule 15, the charges shall be dismissed with prejudice if the officer fails to appear at the final hearing.

(b) The charges shall be dismissed if the final hearing is not held within six months from the defendant’s answer, pursuant to the provisions of section 42-4-1710 (3), C.R.S.

Rule 11. Final Hearing

(a) The hearing of all cases shall be informal, the object being to dispense justice promptly and economically. The referee shall ensure that evidence shall be offered and questioning shall be conducted in an orderly and expeditious manner and according to basic notions of fairness. The referee may call and question any witness consistent with the referee’s obligation to be an impartial fact finder favoring neither the state nor the defense.

(b) The order of proceedings at the hearing shall be as follows:

(1) Before commencement of the hearing, the referee shall briefly describe and explain the purposes and procedures of the hearing.

(2) The officer shall offer sworn testimony and evidence to the facts concerning the alleged infraction. After such testimony, the referee and the defendant or counsel may examine the officer.

(3) Thereafter, the defendant may offer sworn testimony and evidence and shall answer questions, if such testimony is offered, as may be asked by the referee.

(4) If the testimony of additional witnesses is offered, the order of testimony and the extent of questioning shall be within the discretion of the referee.

(5) Upon the conclusion of such testimony and examination, the referee may further examine or allow examination and rebuttal testimony and evidence as deemed appropriate.

(6) At the conclusion of all testimony and examination, the defendant or counsel shall be permitted to make a closing statement.

(c) The Colorado Rules of Evidence do not apply to hearings under these rules.

Rule 12. Judgment After Final Hearing

(a) If all elements of a traffic infraction are proven beyond a reasonable doubt, the referee shall find the defendant guilty or liable and enter appropriate judgment.

(b) If any element of a traffic infraction is not proven beyond a reasonable doubt, the referee shall dismiss the charge and enter appropriate judgment, provided, however, that the referee may find the defendant guilty of or liable for a lesser included traffic infraction, if based on the evidence offered, and enter appropriate judgment.

(c) If the defendant is found guilty or liable, the referee shall assess the appropriate penalty and the docket fee, and any additional costs authorized by section 13-16-122 (1), C.R.S.

(d) The judgment shall be satisfied upon payment to the clerk of the total amount assessed as set forth above.

(e) If the defendant fails to satisfy the judgment in the time allowed, such failure shall be treated as a default under section 42-4-1505.71710 (3) or (4), C.R.S. The provisions of Rule 16(d) and (e) shall apply to a default under this rule.

Rule 13. Posthearing Motions and Appeal

(a) There shall be no posthearing motions except for a motion to set aside a default judgment as provided in Rule 16.

(b) Appeal procedure shall be according to section 13-6-504, C.R.S., and Rule 37, Crim. P.

Rule 14. Venue

Venue shall be as provided by statute.

Rule 15. Continuances

Continuances may be granted on a showing of good cause by the officer, his supervisor, or the defendant.

Rule 16. Default

(a) If the defendant fails to appear for any hearing, the referee shall enter judgment against the defendant.

(b) The amount of the judgment shall be the appropriate penalty assessed after a finding of guilt or liability, the docket fee, and any additional costs assessable under these rules.

(c) The referee may set aside a judgment entered under this rule on a showing of good cause or excusable neglect by the defendant. A motion to set aside the judgment shall be made to the court not more than seven calendar days after entry of judgment.

(d) The defendant may satisfy a judgment entered under this rule by paying the clerk.

(e) No warrant shall issue for the arrest of a defendant who fails to appear at a hearing or fails to satisfy a judgment.

Rule 17. Effective Date

These rules take effect January 1, 1983, and shall apply to traffic infractions alleged to have been committed on or after that date.

Rule 18. Title

These rules shall be known and cited as the Colorado Rules for Traffic Infractions, or C.R.T.I.

This Corrective Order is issued to conform these Rules with current statutory references, November 12, 1999, effective immediately.

By the Court:

Gregory J. Hobbs, Jr.
Justice, Colorado Supreme Court


Chapter 35. Colorado Rules for Magistrates
Corrective Order
New Rule Effective January 1, 2000

Rules 1 – 4. No Change.

Rule 5 (a)(1) – (2). No Change.

(a)(3) Consent in Small Claims Court:

(A) A party will be deemed to accept the jurisdiction of the Small Claims Court unless the party objects pursuant to C.R.S. section 13-6-405 and requests a transfer to county court pursuant to C.R.C.P. 520511(b).

Rule 5(b) – (g) No Change.

Rules 6 – 11. No Change.

This Corrective Order is issued November 9, 1999, effective immediately.

By the Court:

Nancy E. Rice
Justice, Colorado Supreme Court


Chapter 37. Rules Governing the Commissions on Judicial Performance
Amended and Approved

Pursuant to section 13.-5.5-102103(1)(k), 5 C.R.S. (1997), the State Commission on Judicial Performance establishes the following rules. These rules have been approved by the Supreme Court and shall be applicable to the state and district commissions.

(1) Duties of commissions. Commissions shall elect one member as a chair, or two members as co-chairs, to serve for two years, who will direct the business of the commissions, pursuant to statute, rule or guideline of the state commission.

Commissions on judicial performance evaluate the professional performance of justices, judges or magistrates and make recommendations to the electorate regarding the retention of individual justices or judges who stand for retention during any general election. In addition to other procedures and duties imposed by these rules, a commission shall distribute questionnaires, may conduct public hearings, may interview appropriate persons and shall produce and distribute to the public a narrative profile on each district, county and appellate justice or judge subject to retention election. The state commission shall arrange to have the narrative profiles and recommendations of the state and district commissions printed in the ballot information booklet that is prepared pursuant to section 1-40-124.5, 1 C.R.S. (1997).

(2) Sources of information. Each commission, in evaluating the professional performance of any justice, judge or magistrate, shall rely on official sources of information, including and limited to:

(a) Questionnaires. Commissions will use questionnaires developed by the state commission to survey attorneys (including district attorneys and public defenders), jurors, litigants, court personnel, probation officers, social services caseworkers, crime victims, and law enforcement personnel. Attorney questionnaires will be distributed by direct mail through the Office of the State Court Administrator. The jury commissioner of each judicial district shall provide the Office of the State Court Administrator with lists of jurors who have served. Jurors chosen will receive questionnaires by direct mail. The Judicial District Administrator of each judicial district will provide the Office of the State Court Administrator with lists of attorneys, probation officers, court personnel, social services workers, litigants and law enforcement personnel who have appeared before, or have professional contacts with the judge or magistrate being evaluated. The Clerk of the Colorado Supreme Court and the Clerk of the Colorado Court of Appeals will provide the Office of the State Court Administrator with lists of attorneys who have appeared before, or have had professional contacts with the justice or judge being evaluated. These persons will be surveyed by direct mail questionnaires in numbers designed to achieve a random, statistically valid sample.

(b) Interview with justices, judges or magistrates. Judicial district administrators will schedule interview sessions for judges and magistrates with district commissions. The Clerk of the Colorado Supreme Court and the Clerk of the Colorado Court of Appeals will schedule interview sessions for justices and judges with the state commission. All efforts to accommodate court dockets and calendars of commission members will be exercised.

(c) Statistics. Information concerning the caseload and case types of a judge or magistrate being evaluated will be gathered and provided to the chair of the district commission by the district administrator. Information concerning the caseload of a justice or judge being evaluated by the state commission will be gathered and provided to the chair of the state commission by the Clerk of the Colorado Supreme Court and the Clerk of the Colorado Court of Appeals.

(d) Oral Interviews. The district commissions may conduct interviews with other persons who have appeared before the judge or magistrate on a regular basis. The district commissions shall ensure that the persons interviewed have had professional contact with the judge or magistrate. The judge or magistrate shall be provided with a written summary of the interview that preserves the anonymity of the interviewee while advising the judge or magistrate of the substance of the interview. Oral interviews shall be completed no later than thirty (30) days prior to the scheduled interview with the judge or magistrate.

(e) Documentation from interested parties. Written information concerning a judge or magistrate received from an interested party may be considered by the district commissions provided it contains the author’s name and address.

(f) Public hearings. The district commissions may conduct public hearings to solicit public comment on judges or magistrates being evaluated. Public hearings shall be completed no later than thirty (30) days prior to the scheduled interview with the judge or magistrate. The district commission shall give notice of the hearing not less than ten (10) days prior to such hearing. Public notice shall be given by the posting of a sign in a conspicuous place in each courthouse within the judicial district, and by notifying local news media in each county within the judicial district. The district commissions shall conduct public hearings pursuant to the Colorado Open Meetings Law at section 24-6-401, et seq., 7 C.R.S. (1997).

(3) Organization of information. All completed surveys will be collected by the Office of the State Court Administrator and reproduced to separate demographic information from standard questions and comments. All demographic information and comments will be reproduced in such a fashion to ensure that the identity of the respondent remains anonymous. Commissions shall not receive the original questionnaires. All evaluation reports generated from the questionnaires shall be based on aggregate data. The information shall be supplied only as a composite report. Commissions shall not receive demographic information, unless the analysis of such information by the state commission or its agent proves to be statistically significant and affects evaluation of the overall professional performance of the justice, judge or magistrate being evaluated. Commissions will not receive questionnaire responses concerning any justice, judge or magistrate being evaluated if a statistically valid sample has not been collected, as determined by the state commission or its agent.

All written comments shall be reproduced verbatim, unless confidentiality cannot be assured. If confidentiality cannot be preserved, the commission may summarize the substance of the comment in order to provide it to the justice, judge or magistrate. All oral comments shall be summarized in writing. All comments shall also be forwarded to the justice, judge or magistrate whom each comment concerns.

(4) Release of information. Numerical data gathered by the Office of the State Court Administrator and provided to the commissions is public, but shall not be released until such time as the retention recommendation is made public. Any comments included with questionnaires and written information received by the commission are not public and will be made available only to commission members and the justice, judge or magistrate being evaluated. Comments are solicited in an effort to provide feedback to the justice, judge or magistrate and to assist the justice, judge or magistrate in a self-evaluation process. Commission members have access to comments in order to assist the commission in the interview of the justice, judge or magistrate. Commission members shall not reveal the contents of any comment concerning a justice, judge or magistrate being evaluated to anyone other than other commission members, and the justice, judge or magistrate during an interview.

Any justice, judge or magistrate being evaluated will be provided with the same information that is provided to commission members concerning that justice, judge or magistrate. The justice, judge or magistrate will receive the information no later than ten (10) days prior to any scheduled interview.

(5) Information otherwise entitled to protection. Sensitive, personal information otherwise entitled to protection under the personnel files exemption of the Public Records Act, section 24-72-104(3)(a)(II), 7 C.R.S.(1997), shall remain confidential.

Members of commissions and staff shall maintain confidentiality with regard to those materials and communications so designated as confidential.

(6) Disclosure. Upon two-thirds majority vote of approval of the current members of the state commission, a commission may release confidential information concerning a justice, judge or magistrate when:

(a) An inquiry is initiated which becomes the subject of widespread concern and the release of information would benefit the justice, judge or magistrate and the public, and the justice, judge or magistrate signs a waiver for this purpose;

(b) A government agency or nominating commission requests information concerning the appointment of a justice, judge or magistrate or former justice, judge or magistrate to another judicial position, and the justice, judge or magistrate signs a waiver for this purpose;

(c) An agency authorized to investigate the qualifications of persons for admission to practice law requires information in order to evaluate a justice, judge or magistrate’s application for admission to the bar of another state, and the justice, judge or magistrate signs a waiver for this purpose;

(d) The Chief Justice of the Supreme Court requests information pertaining to the appointment or assignment of a retired justice or judge to judicial duties;

(e) The State Commission on Judicial Performance notifies the Supreme Court Grievance Committee of a complaint against a judge or magistrate that may violate the Code of Professional Responsibility; or

(f) The State Commission on Judicial Performance notifies the Commission on Judicial Discipline of a complaint against a justice, judge or magistrate that may violate the Code of Judicial Conduct, or extra judicial conduct which reflects adversely on the judiciary.

(7) Review of information. Commissions must complete the review of information concerning each justice, judge or magistrate being evaluated within thirty (30) days of receipt of the information.

(8) Interview. Commissions are required to schedule and conduct an interview with each justice, judge or magistrate being evaluated within fifteen (15) days after the commission’s initial review of information is complete. Neither the commission, nor the justice, judge or magistrate may waive the initial interview process.

(a) Commissions must follow all guidelines published by the state commission regarding the personal interview of justices, judges or magistrates being evaluated.

(b) The interview shall be conducted for such a period of time as is necessary to address the concerns of the commission members and the justice, judge or magistrate being evaluated. Prior to the interview, the justice, judge or magistrate may submit written information to the commission if he or she so desires.

(9) Preparation of narrative profile. Within ten (10) days following an interview with a justice, judge or magistrate, and in any event no later than forty-five (45) days prior to the last date available for the justice or judge to declare such justice or judge’s intent to stand for retention, the chair of the commission shall provide the justice, judge or magistrate, in writing, a complete draft of the narrative profile. The narrative profile shall conform to the format designed by the state commission. Preparation of the narrative profile may not be delegated to any court employee or judicial officer. A draft of the narrative profile is not to be released to any person other than the justice, judge or magistrate whom it concerns.

(10) Recommendation. In addition to the information published as a narrative profile, the commission shall make a recommendation regarding the retention of each justice or judge who has declared intent to stand for retention. The recommendation shall be to "Retain," "Do Not Retain," or "No Opinion." A "No Opinion" shall be given only when the commission concludes that the results of information gathered are not sufficiently clear to make a firm recommendation, and such shall be accompanied by a detailed explanation.

(11) Narrative Profile Requirements. Narrative profiles shall be reports of three to four short paragraphs describing the justice, judge or magistrate, judicial assignment, number of years on the bench and the retention recommendation. Narrative profiles should include information specific to the work of the justice, judge or magistrate. Narrative profiles may contain information concerning the justice, judge or magistrate’s professional association activities, recent awards and honors, and volunteer or other community work. Narrative profiles of those judges who are not licensed to practice law in Colorado shall reflect such. Narrative profiles need not contain biographical data, such as undergraduate school information, educational degrees, or other historical information not directly related to the practice of law. Narrative profiles for justices or judges standing for retention shall include a statement of the groups of respondents surveyed, the percentage of responses received from each group who recommend that a justice or judge be retained, the percentage of responses received from each group who have no opinion as to the retention of the justice or judge, and the percentage of responses received from each group who recommend that a justice or judge should not be retained. District commissions shall prepare and provide the narrative profiles to the state commission sixty (60) days prior to the general election.

(12) Response to narrative profile.

(a) Any judge or magistrate being evaluated pursuant to section 13-5.5-106(3)(a), 5 C.R.S. (1997), may respond to a draft of a narrative profile, in writing, within ten (10) days of receipt of the draft. Such a response must be directed to the chair of the commission.

(b) Any justice or judge being evaluated pursuant to section 13-5.5-106 (1)(a) or (2)(a), 5 C.R.S. (1997), may respond to a draft of the narrative profile, in writing, within ten (10) days of receipt of the draft. If the responding justice or judge requests an additional interview with the commission, the justice or judge shall be given an opportunity to meet with the commission to address the contents of the narrative profile. Any additional interview shall be held within ten (10) days of the request. The commission may, after such a meeting with the justice or judge being evaluated, revise its evaluation. Additionally, any commission issuing a "Do Not Retain" recommendation shall, at the justice or judge’s request, include language in the narrative profile summarizing the justice or judge’s position. The justice or judge may, upon review of the summary, elect to withdraw the summary from inclusion in the narrative profile. The chair of the commission shall provide the justice or judge with any redraft of the narrative profile, in writing, within ten (10) days following the additional interview, or, absent an additional interview, within ten (10) days of the receipt of the justice or judge’s response.

(13) Release of interim evaluations. The district commission shall release the narrative profile and any other relevant information developed pursuant to section 13-5.5-106(3), 5 C.R.S. (1997), to the chief judge of the court and to the judge or magistrate no later than September 1 of the year in which the evaluation is performed. By September 1 of the year in which the evaluation is performed, the narrative profile and any other relevant information developed under this section shall also be available to the public, except that narrative profiles prepared pursuant to this section shall not be mailed to registered voters.

(14) Release of the narrative profile and recommendation. The chair of the commission shall release the narrative profile and the recommendation on retention to the public no later than forty-five (45) days prior to the retention election.

(15) Removal for cause. Any member of any judicial performance commission may be removed for cause by the appointing authority pursuant to section 13-5.5-104, 5 C.R.S. (1997). The state commission may recommend to THE such appointing authority that a member of a judicial performance commission be removed for cause. "Cause" means any malfeasance or nonfeasance in carrying out the duties and responsibilities of any judicial performance commission.

(16) Complaints. When a member of any district judicial performance commission or justice, judge or magistrate under evaluation believes that the judicial performance commission is operating in violation of these rules or the statute governing judicial performance commissions, such member, justice, judge, or magistrate shall notify the state commission. The state commission shall notify the chair of the subjectPARTICULAR district judicial performancecommission and request a written response regarding the complaint. Upon receipt of such a response, the state commission shall make an independent review and determine whether a violation of rule or statute has occurred. Findings of the state commission will be communicated to the subjectDISTRICT commission. ALONG WITH ANY INSTRUCTIONS THAT ARE NECESSARY TO ENSURE THAT THE DISTRICT COMMISSION OPERATES WITHIN THESE RULES AND THE STATUTE GOVERNING JUDICIAL PERFORMANCE COMMISSIONS. In no event may the state commission overrule a recommendation regarding retention of any judge., BUT THE STATE COMMISSION MAY PROVIDE A REBUTTAL RECOMMENDATION TO THE DISTRICT COMMISSION’S RECOMMENDATION REGARDING RETENTION OF ANY JUDGE WHEN THE DISTRICT COMMISSION FAILS TO COMPLY WITH ANY INSTRUCTIONS ISSUED BY THE STATE COMMISSION PURSUANT TO THIS RULE.

(17) Participation by commission members in activities subsequent to dissemination of narrative profiles and recommendations on retention. A commission member or the commission may publicly discuss only the narrative profile, the retention recommendation, the numerical data, information from public hearings, and such information as has been made public under Rule 6.

(18) Recusal. An attorney who is serving as a commission member for a district or state judicial performance commission shall not, during the term of such service, request that a justice, judge or magistrate being evaluated by the commission be recused from hearing a case in which the attorney appears as counsel of record, or request permission to withdraw from the case pending before a justice, judge or magistrate being evaluated, solely on the basis that the attorney is serving on such performance commission.

Any attorney who appears in a matter where opposing counsel of record serves as a member of the judicial performance commission which is evaluating the justice, judge or magistrate before whom the matter is set, may not request that the attorney be required to withdraw from the matter, or that the justice, judge or magistrate be recused from the matter on the basis that opposing counsel is serving on such performance commission.

A justice, judge or magistrate being evaluated by a judicial performance commission may not recuse himself or herself from a case in which an attorney member of a state or district judicial performance commission is counsel of record, nor should a justice, judge or magistrate grant a request to withdraw from a case by an attorney commission member, solely on the basis that the attorney is serving on the judicial performance commission conducting the evaluation.

An attorney member of a commission must disclose this information to all counsel and parties in a case pending before a justice, judge or magistrate who is being evaluated by the commission, where the attorney is also counsel of record.

A commission member shall disclose to the state and member’s commission, any professional or personal relationship with the justice, judge or magistrate that may affect an unbiased evaluation of that justice, judge or magistrate.

A member may abstain from voting on the recommendation of the commission.

(19) Notice. The names of members of any district judicial performance commission shall be posted at all times in a conspicuous location in each county courthouse of each judicial district affected by such commission. The names of members of the state judicial performance commission shall be posted at all times in a conspicuous location in the Colorado State Judicial Building.

(20) Dissemination of information. The following shall apply to the dissemination of narrative profiles and recommendations on retention of justices or judges standing for retention in office:

(a) General Distribution: Commissions may prepare and may make available, narrative profiles at the county courthouse, local libraries, major grocery outlets, and other practical public outlets.

(b) Newspaper: Narrative profiles may be provided for publication in the local newspapers.

(c) Radio/T.V.: Commissions may contract for public service announcement airtime on local radio/ T.V. Public service announcements will direct the listener to the publication of retention recommendations. (Sample: 15 second PSA announcing that the results and recommendations concerning the election of judges standing for retention in the judicial district will be available in the [publication] on [date]. Narrative profiles are included in the ballot analysis distributed to all registered voters.)

The 1997 Rules of the Commission are Amended and, as Amended, are Approved by the Court and Ordered to be Published, En Banc, November 10, 1999, effective immediately.

By the Court:

Gregory J. Hobbs, Jr.
Justice, Colorado Supreme Court


Notice of Order to Change Caption for Judicial Department and State Court Administrator’s Office Forms
Sample of Caption

The Supreme Court of Colorado approved a new form of caption for Judicial Department Form ("JDF") and State Court Administrator’s Office ("SCAO") forms on November 18, 1999. A sample of the caption appears below. The caption is effective January 1, 2000, and mandatory July 1, 2000. This is notice to the bar that the State Court Administrator’s Office will incorporate the new caption to all forms. Currently, the Domestic JDF forms and the Temporary and Permanent Restraining Order forms will include the new caption effective January 1, 2000. Look for the Domestic forms on Colorado Web page www.courts.state.co.us.

____________________________County, Colorado District Court

Court address:

Phone Number :

COURT USE ONLY

In Re the Marriage of:

Petitioner:

Respondent/Co-Petitioner:

Attorney or Party Without Attorney (Name and Address):

Phone Number:      E-mail:

FAX Number:      Atty.Reg.#:

Case Number

Division     Courtroom

Petition For: ¬ Dissolution of Marriage    ¬ Legal Separation   ¬ With Children


© 2000 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=2000.


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