Vol. 28, No. 11
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
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
Cañon National Bank
Castle Rock Bank
Centennial Savings Bank
Century Savings & Loan Association
The Citadel 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
The Eaton Bank
ENT Federal Credit Union
Equitable Savings & Loan
Evergreen National 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
Mountain National Bank
North Valley Bank
Paonia State Bank
Park National Bank
Peak National Bank
Pine River Valley Bank
Pioneer Bank of Longmont
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 National Bank
Valley State Bank
Weld County Bank
Wells Fargo Bank
Western Colorado Bank
Western National Bank
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
|Legal Aid Society of Metropolitan Denver
|Pikes Peak/Arkansas River Legal Aid
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
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
|El Paso County Bar Association
|Garfield Legal Services
|Larimer County Bar Association
|Mesa County Bar Association
|Metro Volunteer Lawyers
|Northeast Colorado Legal Services
|NW Colorado Legal Services - Dillon
|NW Colorado Legal Services - Gunnison
|NW Colorado Legal Services - Steamboat
|Pueblo County Bar Association
|Southwest Colorado Bar Association
|San Luis Valley Bar Association
|Uncompahgre Volunteer Legal Aid
|Weld County Legal Services
Administrative and Legislative Advocacy Grants - $110,277
The Colorado Center on Law and Policy secures justice for low-income Coloradans through multi-forum advocacy.
Statement of Financial Position
June 30, 1999 (with comparative totals for 1998)
| Interest receivable
|Total current assets
|Property And Equipment, at cost
| Accumulated depreciation
|LIABILITIES AND NET ASSETS
| Grant commitments
| Unrestricted operating
| Board designated
|Total Liabilities And Net Assets
Statement Of Activities
And Changes In Net Assets
| Operating expenses
|Change in Net Assets
|Net Assets, beginning
|Net Assets, ending
||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
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;
© 1999 The Colorado Lawyer
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