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TCL > November 1999 Issue > COLTAF 1998-99 Annual Report

The Colorado Lawyer
November 1999
Vol. 28, No. 11 [Page  19]

© 1999 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved.

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Features

COLTAF 1998-99 Annual Report

To Our Members:

There have been a lot of developments since our last Annual Report.

In spite of the decision in the Phillips v. Washington Legal Foundation case out of Texas, IOLTA programs throughout the United States are alive and well, and COLTAF is no exception. The decision by the United States Supreme Court has not affected COLTAF’s operation and there is no change anticipated for the immediate future. Litigation is still pending in the Phillips case and a similar case in Washington State.

As most of you know, Rule 1.15 of the Colorado Rules of Professional Conduct has been modified. There is a requirement that banks having COLTAF accounts must be approved by regulation counsel, and that among other things, any overdrafts on trust accounts must be reported to regulation counsel. Cooperation and hard work from the Colorado Banking Association and the Colorado Independent Bankers Association resulted in the revised language of the Rule, and reflects the continued commitment and cooperation of the banking and legal communities to provide a method of funding legal services for the poor.

COLTAF welcomed a new Executive Director this year. Lynn Cannon left the position to return to her home in Minneapolis. We are excited to have Judy Slason at the helm, and we are looking forward to working with her.

The decline in interest rates since the first of the year has resulted in the 1998-99 revenues to COLTAF being less than anticipated and less than received in prior years. This has prevented us from increasing our funding levels from the last fiscal year. Hopefully, the downturn is temporary and we will see a return to higher interest rates. The Colorado economy continues to be healthy and the money deposited in COLTAF accounts continues to grow. We are grateful to the Colorado Bar Association for providing COLTAF with revenues earned from a CBA credit card.

In addition to funding Colorado’s legal services programs, COLTAF funded 15 pro bono programs throughout the state, and welcomes Pueblo as one of the newest pro bono programs. Funding was also provided to 15 discretionary programs within Colorado. COLTAF continues to provide assistance to the Colorado Center on Law and Policy and appreciates their hard work of lobbying on behalf of the poor in Colorado.

Fiscal year 1999-2000 will be an exciting time for the state of Colorado with respect to the way legal services will be provided to the indigent. In order to improve the statewide delivery system, make it more responsive to eligible clients, and to facilitate the strategic use of scarce resources, Colorado’s three federally funded legal services programs agreed to merge into one single statewide legal services entity. The merger process began October 1, 1999, and creates one legal services program – Colorado Legal Services.

We are looking forward to the next fiscal year and the challenges it might bring.

Edward J. Nugent, Chair
COLTAF Board of Directors


History and Purpose

The Colorado Lawyer Trust Account Foundation ("COLTAF") was established in 1982 to help fund organizations that meet one or more of these purposes:

  • assist in providing legal services to the disadvantaged;
  • improve the delivery of legal services;
  • promote knowledge and awareness of the law in the community; and
  • improve the administration of justice.

COLTAF receives the interest earned on pooled client trust accounts where the funds are so nominal in amount or are expected to be held for such a short period of time that it is not practical to earn or account for interest on the individual deposits. All client funds in a lawyer’s possession must be held in interest-bearing accounts for the benefit of the client or COLTAF.

COLTAF is authorized by the Colorado Supreme Court. A full explanation of a lawyer’s responsibility regarding client funds and COLTAF is found in the Colorado Rules of Professional Conduct, Rule 1.15. Questions? Please call us at 303-863-7221.


COLTAF Honor Roll:
Outstanding Financial Institutions

The Colorado Lawyer Trust Account Foundation ("COLTAF") wishes to recognize financial institutions in Colorado that did not charge fees on COLTAF accounts in 1998-99. The banks listed below waive all service and activity charges on COLTAF accounts. COLTAF gratefully acknowledges their generosity which allowed more funds to be used to help meet the civil legal needs of the poor in Colorado.

Air Academy National Bank
Alamosa National Bank
Alpine Bank
Arapahoe Bank & Trust
Aurora National Bank
Aurora National Bank DTC
Aurora National Bank South
Bank of Boulder
Bank of Cherry Creek
Bank of Colorado
Bank of Colorado Front Range
Bank of Durango
Bank of Grand Junction
Bank of Telluride
Berthoud National Bank
The Burns National Bank
Cache Bank
Cañon National Bank
Castle Rock Bank
Centennial Savings Bank
Century Savings & Loan Association
The Citadel Bank
Citizens Bank
Citizens Bank of Pagosa Springs
Citizens State Bank
Citywide Banks of Denver
Clear Creek National Bank
Collegiate Peaks Bank
Colorado Community First National Bank
Colorado East Bank & Trust
Colorado Federal Savings Bank
Colorado Mountain Bank
Commerce Bank of Aurora
Commercial Federal Savings
Community Bank of Parker
Community Banks of Colorado
Eagle Bank
The Eaton Bank
ENT Federal Credit Union
Equitable Savings & Loan
Evergreen National Bank
Farmers Bank
Farmers State Bank of Calhan
FirstBanks of Colorado
1st Choice Bank
First American State Bank
First National Bank of Akron
First National Bank Cañon City
First National Bank of Castle Rock
First National Bank Cortez
First National Bank of Estes Park
First National Bank Ft. Collins
First National Bank Greeley
First National Bank Julesburg
First National Bank Limon
First National Bank Ouray
First National Bank Paonia
First National Bank Pueblo
First National Bank Telluride
First National Bank Walsenburg
First National Bank of the Rockies - Hayden
First Security Bank Brush
First Security Bank Ft. Lupton
First State Bank Fort Collins
First State Bank Hotchkiss
First State Bank Idaho Springs
Firststate Bank of Colorado
First United Bank
First Western National Bank
Fremont National Bank
Front Range Bank
Glenwood Independent Bank
Home State Bank
Key Bank of Colorado
Lafayette State Bank
Liberty Savings Bank
Mesa National Bank
Minnequa Bank
Montrose Bank
Mountain Bank
Mountain National Bank
North Valley Bank
Norwest Bank
Paonia State Bank
Park National Bank
Peak National Bank
Peoples Bank
Pine River Valley Bank
Pioneer Bank of Longmont
Premier Bank
Rio Grande County Bank
Rio Grande Savings & Loan
San Luis Valley Federal Savings & Loan Association
UMB Bank Colorado
Union Bank & Trust
Union Colony Bank
United Valley Bank
Valley Bank
Valley National Bank
Valley State Bank
Vectra Bank
Weld County Bank
Wells Fargo Bank
Western Colorado Bank
Western National Bank

Grant Awards

COLTAF was pleased to provide $1,157,777 in funding to 34 highly deserving organizations. We take great pride in being able to support their worthwhile efforts.

Legal Services Program Grants - $897,100

COLTAF funds were disbursed to Colorado’s three primary legal services programs. In 1998, these programs provided civil legal assistance to 22,240 low-income individuals and families throughout the state of Colorado. At a time when increasing demands for civil legal assistance were paired with reduced federal funding, our role of granting funding to these programs became even more critical. COLTAF funds were distributed based on the number of poor people living in each program’s service area.

Colorado Rural Legal Services $278,101
Legal Aid Society of Metropolitan Denver $448,550
Pikes Peak/Arkansas River Legal Aid $170,449

Discretionary Programs - $65,000

COLTAF awarded grants to the following non-profit organizations with law-related projects:

Advocates Against Battering & Abuse - $2,500

"AABA" addresses the needs of battered women requiring help to obtain temporary and permanent Civil Restraining Orders.

Advocates Against Domestic Assault - $5,000

This program provides crisis intervention, referrals, safe shelter and counseling advocacy to victims of domestic abuse.

Alternatives to Violence, Inc. - $2,500

The "Court Liaison Program" furnishes victims of domestic violence the support and information they need as they go through court proceedings.

Arkansas Valley Resource Center, Inc. - $3,880

The "Legal Advocacy Program" provides clients with order materials and prepares them for the courtroom experience.

Community Housing Services, Inc. - $5,200

The "Landlord/Tenant Problem Resolution Program" provides legal information needed to resolve rental housing issues.

Crossroads Safehouse, Inc. - $2,500

The "Legal Advocacy Program" helps victims of domestic violence obtain restraining orders and assists with divorce, support and custody issues.

Domestic Violence Initiative for Women w/Disabilities - $2,980

The "Legal Advocacy Court Accompaniment Program" assists women with disabilities who are victims/survivors of domestic violence and/or caregiver abuse.

Family Crisis Services, Inc. - $3,280

FCS provides shelter for victims of domestic violence and their children. Financial assistance is provided to individuals and families at risk of becoming homeless.

 Justice Information Center, Inc. - $7,600 tcl-nov1999-coltaf1

The "Interpretation & Translation" program provides interpretation and translation services to diverse communities in legal settings throughout Colorado.

The Legal Center for People w/Disabilities and Older People

(1) Denver Office: Revised "Handbook of Rights to Special Education in Colorado: A Guide for Parents" for statewide distribution. $2,500
(2) Grand Junction Office: Legal information is available to people with disabilities in areas such as civil rights violations, abuse and neglect and housing discrimination. $5,200

Project Safeguard - $5,800

The "Permanent Restraining Order Clinic" provides victims of domestic violence with permanent restraining orders and support through the court process.

Pueblo YWCA Family Crisis Shelter - $5,500

The "Legal Advocacy Program" assists clients through the initial phases of the judicial process. Services such as agency referrals and court accompaniment are furnished.

Rocky Mountain Children’s Law Center - $3,280

The "Pro Bono Attorney Project" provides legal assistance in emergency cases and helps to prevent revictimization of at-risk children.

Tri-County Resource Center - $3,400
(formerly Women’s Resource Center of Montrose)

The "Legal Advocacy Project" helps victims of domestic violence through the process of reporting the crime and prosecuting the perpetrator.

Tu Casa, Inc. - $3,880

The "Victim Advocacy Project" arranges emergency shelter, crisis intervention and support for victims of domestic violence and sexual assault.

Volunteer Pro Bono Lawyer Program Grants - $85,400

COLTAF provided funding to the following pro bono programs around the state of Colorado to help initiate, maintain, and improve their volunteer lawyer projects:

Boulder County Legal Services $ 2,000
El Paso County Bar Association $ 6,000
Garfield Legal Services $ 6,000
Larimer County Bar Association $ 7,000
Mesa County Bar Association $ 6,000
Metro Volunteer Lawyers $ 7,000
Northeast Colorado Legal Services $ 6,000
NW Colorado Legal Services - Dillon $ 2,000
NW Colorado Legal Services - Gunnison $ 1,000
NW Colorado Legal Services - Steamboat $ 2,500
Pueblo County Bar Association $ 6,400
Southwest Colorado Bar Association $ 5,500
San Luis Valley Bar Association $ 6,500
Uncompahgre Volunteer Legal Aid $11,000
Weld County Legal Services $10,500

Administrative and Legislative Advocacy Grants - $110,277

The Colorado Center on Law and Policy secures justice for low-income Coloradans through multi-forum advocacy.


Financial Statements

Statement of Financial Position
June 30, 1999 (with comparative totals for 1998)

ASSETS 1999 1998
Current Assets
    Cash $877,039 $866,499
    Interest receivable 111,946 132,425
Total current assets $988,985 $998,924
Property And Equipment, at cost
    Equipment 15,073 15,073
    Accumulated depreciation 15,073 15,073
  0 0
Total Assets $988,985 $998,924
 
LIABILITIES AND NET ASSETS
Current Liabilities
    Grant commitments $755,000 $757,113
Net Assets
    Unrestricted operating 133,985 141,811
    Board designated 100,000 100,000
  233,985 241,811
Total Liabilities And Net Assets $988,985 $998,924

Statement Of Activities
And Changes In Net Assets

1999 1998
Total Revenue $1,248,087 $1,300,796
Expenses
    Operating expenses 98,136 93,885
    Grants 1,157,777 1,317,508
Total Expenses 1,255,913 1,411,393
Change in Net Assets (7,826) (110,597)
Net Assets, beginning 241,811 352,408
Net Assets, ending $233,985 $241,811

1999 Expenses

tcl-1999nov-coltaf Operating expenses 8%
Program grants 92%

1998-99 Board of Directors

Edward J. Nugent, President: Grand Junction - Attorney, appointed by the Colorado Bar Association

Roger E. Clark, Vice President: Loveland - Partner, Hammond & Clark, appointed by the Colorado Bar Association

Aaron R. Clay, Secretary: Delta - Partner, Clay & Dodson, appointed by the Colorado Bar Association

Vicki P. Ripley, Treasurer: Littleton - President, Norwest Bank Colorado Southglenn, elected by COLTAF membership

Steven D. Barnett: Boulder - Attorney, elected by COLTAF membership

Thomas S. Byington: Fort Collins - President, First State Bank of Fort Collins, elected by COLTAF membership

Phillip S. Figa: Denver - Partner, Burns, Figa & Will, appointed by the Colorado Bar Foundation

Kristopher L. Hammond: Steamboat Springs - Partner, Oliphant, Hammond & O’Hara, appointed by the Colorado Bar Association

Dale R. Harris: Denver - Partner, Davis, Graham & Stubbs, elected by COLTAF membership

John J. Keilbach: Pueblo - Partner, Altman, Keilbach, Lytle, Parlapiano & Ware, appointed by the Colorado Bar Association

Jerome L. Lemberger: Colorado Springs - Executive Director, Pikes Peak/Arkansas River Legal Aid, appointed by the Legal Services Programs

Andy Martin: Littleton - President, FirstBank of South Jeffco, elected by the COLTAF membership

Joseph E. Meyer, III: Denver - Denver District Court Judge, appointed by the Colorado Bar Association

Diana M. Poole: Denver - Attorney, elected by COLTAF membership

Jerry A. Retherford: Colorado Springs - Partner, Retherford, Mullen, Johnson & Bruce, appointed by the Colorado Bar Association

Mary Hurley Stuart: Denver - Partner, Holme Roberts & Owen, elected by COLTAF membership


Staff

Judith Slason, Executive Director
Marijane Engel
, Associate Director
Vicki Capek
, Administrator
Nancy Marasco
, Administrative Assistant (half-time)

COLTAF shares staff with the
Legal Aid Foundation of Colorado.

Address: 1900 Grant Street, Suite 950,
Denver, Colorado 80203-4309
Phone:
303-863-7221; Fax: 303-861-5274;
e-mail: coltaf@earthlink.net

© 1999 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=1999.


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