THE COLORADO BAR ASSOCIATION
Article 1. Name and Objects
1.1. Name. The name of the association is The Colorado Bar Association (the "CBA").
1.2. Objects. The objects of the CBA are to advance the science of jurisprudence, to secure the more efficient administration of justice, to encourage the adoption of proper legislation, to advocate thorough and continuing legal education, to uphold the honor and integrity of the bar, to cultivate cordial relations among the lawyers of Colorado, and to perpetuate the history of the profession and the memory of its members.
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Article 2. Affiliated Local Bar Associations
2.1. Affiliation of Local Bar Associations. Any regularly organized local bar association in Colorado may become an Affiliated Local Bar Association of the CBA upon application to and approval by a majority vote of the Board of Governors.
2.2. Existing Affiliated Local Bar Associations. The local bar associations listed in Appendix A have elected to become and are hereby declared to be Affiliated Local Bar Associations.
2.3. Termination of Affiliation. Affiliation of an Affiliated Local Bar Association may be terminated by a majority vote of the Board of Governors. The Affiliated Local Bar Association shall receive 40 days written notice of the contemplated termination of its affiliation. Upon written request to the President (which request has been approved by the majority of the members of such Affiliated Local Bar Association), the Affiliated Local Bar Association shall be entitled to be heard at the meeting of the Board of Governors at which the termination is to be considered and voted upon.
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3. CBA Membership; CBA Patrons
3.1. Classes of CBA Membership. There shall be the following classes of CBA membership:
(a) Active CBA Members. An active CBA member is any lawyer (1) who is licensed and in good standing to practice law in Colorado and (2) who either (A) is a member of an Affiliated Local Bar Association or (B) is not a resident of Colorado. Each active CBA member shall enjoy all of the rights and privileges of CBA membership including the right to vote and to hold office.
(b) Associate CBA Members. An associate CBA member is a non-lawyer whose primary occupation is directly involved in assisting attorneys on a regular basis in the delivery of legal services. Associate CBA membership shall be limited to paralegals, legal assistants, law office administrators, legal secretaries, court personnel, and bar association staff who are residents of Colorado. Each associate CBA member must have a CBA member who is a lawyer sponsor the associate CBA member's annual renewal of associate CBA membership and certify that the non-lawyer meets the qualification stated in the first sentence of this provision. Each associate CBA member shall enjoy all of the rights and privileges of CBA membership except the right to vote or to hold office.
(c) Honorary CBA Members. An honorary CBA member is a distinguished lawyer who is elected to honorary membership in the CBA by a two-thirds vote of the Board of Governors. Each honorary CBA member shall have such rights and privileges of CBA membership as may be specifically granted to him or her by the Board of Governors, which may or may not include the right to hold office or to vote, and shall be exempt from the payment of CBA dues.
(d) Inactive CBA Members. An inactive CBA member is a lawyer who is on inactive status with the Colorado Supreme Court and who is not a life CBA member or a retired CBA member. An inactive CBA member need not join an Affiliated Local Bar Association. Each inactive CBA member shall pay such CBA dues as may be fixed by the Board of Governors and shall enjoy all of the rights and privileges of CBA membership except the right to hold office or to vote.
(e) Life CBA Members. A life CBA member is a lawyer (1) who has been licensed to practice in Colorado or in any one or more other states for at least 50 years cumulatively, (2) who either (A) is licensed and in good standing to practice law in Colorado or another state, (B) is in good standing in Colorado or another state as a licensed lawyer on inactive status, or (C) is not licensed and in good standing in Colorado or in any other state but was, when last licensed as a lawyer, in good standing as such in all states where licensed and was not thereafter suspended or disbarred in any state, and (3) who has been a CBA member for the most recent 10 years. Each life CBA member shall be exempt from the payment of CBA dues. Each life CBA member who is licensed and in good standing to practice law in Colorado shall enjoy all of the rights and privileges of CBA membership, and each life CBA member who is not licensed and in good standing in Colorado shall enjoy all the rights and privileges of CBA membership except the right to hold office or to vote.
(f) Resident CBA Members. A resident CBA member is a lawyer (1) who is licensed and in good standing to practice law in a state other than Colorado but who is not licensed to practice law in Colorado, (2) who resides in Colorado, and (3) who is a member of an Affiliated Local Bar Association. Each resident CBA member shall pay the same CBA dues as are required of active CBA members and shall enjoy all of the rights and privileges of CBA membership except the right to hold office or to vote.
(g) Retired CBA Members. A retired CBA member is a lawyer (1) who has attained the age of 65 years, (2) who is not actively engaged in full-time law practice, (3) who, when last licensed as a lawyer was in good standing as such and was not thereafter suspended or disbarred, and (4) who is not a life CBA member. Each retired CBA member shall enjoy all of the rights and privileges of CBA membership, including the right to vote but not the right to hold office, and shall pay such CBA dues as may be fixed by the Board of Governors.
(h) Student CBA Members. A student CBA member is any current student of an accredited law school, or any graduate of an accredited law school within one year of graduation from law school who has not yet been sworn in to practice in Colorado. Each student CBA member shall enjoy such of the rights and privileges of active CBA members as may be specified by the Board of Governors, but not the right to hold office or to vote.
3.2. Record of CBA Members; Admission; Address for Notices.
(a) Record of CBA Members. The Executive Director shall maintain a record of persons who have applied for CBA membership, are qualified to be CBA members, and have paid the dues then required for CBA membership, which record shall be categorized by CBA membership classification. The record shall include the most recent address, if any, provided by each CBA member to the Executive Director for mailing notices to the CBA member.
(b) Admission to CBA Membership. Each person who is identified on the record maintained pursuant to Section 3.2(a) shall be deemed to be admitted to CBA membership in the respective category, subject to suspension, expulsion, or termination as provided by these Bylaws.
(c) Notices to CBA Member. Without limiting the effectiveness of notice given in any other manner that may be provided in these Bylaws, notice given in a writing deposited with sufficient postage in the United States post, addressed to a CBA member at the address stated on the record maintained pursuant to Section 3.2(a), shall be deemed to have been given to that CBA member upon such deposit.
3.3. CBA Dues.
(a) Fixing Dues. Subject to the provisions of Section 3.1, the Board of Governors shall have the power (1) to fix the amount of dues paid by CBA members; (2) to establish classifications for such purposes; and (3) to establish the times and procedures by which (A) notice of dues shall be given, (B) dues shall be paid, (C) delinquency may be determined, and (D) delinquent CBA members may be stricken from the record of members maintained pursuant to Section 3.2(a).
(b) Waiver of Dues. The Board of Governors may waive the dues of any CBA member.
3.4. Suspension or Expulsion of Member. The Board of Governors may suspend or expel any CBA member from the CBA for such cause or causes, if any, as it may determine, without a right of refund of CBA dues paid; provided, however, that such suspension or expulsion is effectuated in accordance with the following procedures:
(a) Notice of Impending Action. Notice of the impending suspension or termination shall be given to the CBA member not less than 15 days prior to the effectiveness of such suspension or expulsion, which notice shall state the cause or causes, if any, of the suspension or expulsion.
(b) Opportunity to Be Heard. If the CBA member requests, by written notice actually received by the Executive Director before the effectiveness of the suspension or expulsion, the opportunity to state his or her reasons why he or she should not be suspended or expelled, the CBA member shall be given the opportunity either:
(1) To provide, within 15 days after he or she is given notice of the right to do so, a written statement to the Executive Council stating his or her reasons why he or she should not be suspended or expelled; or
(2) To make an oral statement before a meeting of the Executive Council, at such time as the Executive Council determines in a notice given to the CBA member not less than five days before such meeting, of his or her reasons why he or she should not be suspended or expelled.
The determination of whether the CBA member's statement of reasons against suspension or expulsion is to be made in writing or by oral statement shall be made either by the Board of Governors at the time it first determines to suspend or expel the CBA member or, in the absence of such determination, by the President.
(c) Final Determination. The determination whether or not to suspend (and, if so, on what terms and conditions for reinstatement) or to expel the CBA member shall be made by the Executive Council, within such time after the CBA member has had the opportunity provided for in Section 3.4(b) as the Executive Council may determine, and notice of the determination shall be given to the CBA member. Such determination shall be final.
(d) Responsibility for Notices to CBA Member. The notices that are to be given to the CBA member pursuant to the foregoing procedures shall be given by the President or, if the President does not do so, by the Executive Director.
(e) Effect of Section. This Section 3.4 is intended to be a bylaw provision within the meaning of Section 7-126-402(1), Colorado Revised Statutes. Any proceeding challenging a suspension or expulsion pursuant to this Section 3.4 must be commenced within one year after the effective date of the suspension or expulsion.
3.5. Termination or Suspension of CBA membership Upon Disbarment or Suspension.
(a) Termination of CBA Membership. The CBA membership of a CBA member shall automatically terminate, without a right of refund of CBA dues paid, upon the CBA member's disbarment or suspension for more than 12 months from the practice of law in Colorado or before the United States Supreme Court or the federal courts of the District of Colorado. A person whose CBA membership has been terminated by reason of such disbarment or suspension may be reinstated to CBA membership only if and when (1) the person has been reinstated to practice in all courts from which such person was disbarred or suspended, (2) the person is otherwise eligible for CBA membership, and (3) the person is admitted and enrolled pursuant to Section 3.2.
(b) Suspension of CBA Membership. The CBA membership of a CBA member who has been suspended from the practice of law in Colorado, or before the United States Supreme Court or the federal courts of the District of Colorado for a period of 12 months or less shall continue during the suspension, but, during the suspension, the CBA member shall relinquish all privileges of holding office and voting, without a right of refund of CBA dues paid.
(c) Effect of Section. This Section 3.5 is intended to be a bylaw provision within the meaning of Section 7-126-402(1), Colorado Revised Statutes. Any proceeding challenging a termination or suspension pursuant to this Section 3.5 must be commenced within one year after the effective date of the suspension or expulsion.
3.6. Patrons of the CBA. A patron of the CBA is any non-lawyer or organization who provides ancillary goods or services to lawyers or to the legal profession and who applies to the Executive Director for recognition as a patron of the CBA. Patrons of the CBA may include, but are not limited to, arbitrators, mediators, certified public accountants, private investigators, court reporters, educators, and professional consultants. No sponsorship by a CBA member is required for recognition as a patron of the CBA. Patrons of the CBA shall pay such fees as may be fixed by the Board of Governors, and may participate in such CBA activities and privileges as may be approved by the Board of Governors, but no patron of the CBA may hold office or vote.
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Article 4. Action by Members
4.1. Meetings of Members.
(a) Call. A meeting of the CBA members shall be called by the Executive Director at the direction of the Board of Governors. Such direction shall specify the purpose or purposes for which the meeting is to be held.
(b) Notice. The Executive Director shall give notice of the meeting promptly after being directed to do so pursuant to Section 4.1(a). The date of the meeting shall not be fewer than 40 nor more than 60 days after the date the notice is given. The notice shall be given to each person who is a CBA member at the close of business on the day preceding the date the notice is given, whether or not the CBA member is entitled to vote at the meeting. The notice shall state the date, time, and place of the meeting and a description of the purpose or purposes for which the meeting is called and shall be given by mail or by such other means as the Board of Governors may determine.
(c) Quorum. At the meeting, a quorum for the transaction of business shall be five percent of all of the CBA members who are entitled to vote at the meeting.
(d) Presiding Officer. The President, or, in his or her absence, the President-elect, or in his or her absence, the Senior Vice President, or in his or her absence, the Vice Presidents in the alphabetical order of their surnames, shall be presiding officer at the meeting, provided, however, that, upon the vote of a majority of the CBA members who are present at the meeting and entitled to vote, taken upon the call of any 40 of such CBA members, another person may be elected to be presiding officer at the meeting.
(e) Limiting Attendance to Voting Members. If the presiding officer, the Board of Governors, or a majority of the CBA members who are present at a meeting and entitled to vote so direct, only CBA members entitled to vote at the meeting shall be allowed in attendance, notwithstanding that others may have been entitled to receive notice of the meeting.
(f) Conduct of Meeting. Except as otherwise provided herein, meetings shall be conducted according to customary parliamentary rules, as such rules may reasonably be determined by the presiding officer. No member shall, without leave, be permitted to speak more than 10 minutes at any one time or more than twice on the same subject.
(g) Action; Business Restricted to Noticed Purposes. At the meeting, if a quorum is present, the vote of a majority of the CBA members in attendance and entitled to vote shall constitute the act of the CBA. Only business within the purpose or purposes described in the notice of the meeting may be conducted at a special meeting of the CBA members.
(h) Adjournment. If the meeting is adjourned to a different date, time, or place, notice need not be given of the new date, time, or place if the new date, time, or place is announced at the meeting before adjournment.
4.2. Action of Members without Meeting. Any action that may be taken at a meeting of the CBA members may be taken without a meeting if a majority of the CBA members entitled to vote consent to such action in writing. The procedures for such action shall be such as the Board of Governors may establish from time to time, subject to applicable law.
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Article 5. The Board of Governors
5.1. General Powers. All powers of the CBA shall be exercised by or under the authority of, and the business and affairs of the CBA shall be managed under the direction of, the Board of Governors, except as specifically provided otherwise in these Bylaws. The Board of Governors may refer to the CBA members, for action pursuant to Section 4.1, such matters as the Board of Governors considers necessary or appropriate.
5.2. Composition of the Board of Governors. The Board of Governors shall consist of Governors selected as follows:
(a) Governors from Affiliated Local Bar Associations.
(1) Number. Each Affiliated Local Bar Association shall be entitled to select one Governor for each 200, or fraction thereof, of its members who are CBA members entitled to vote.
(2) Selection and Removal. Each Affiliated Local Bar Association shall select its Governors from among its members who are CBA members entitled to vote and hold office, and may remove its Governors, pursuant to such procedures as it may determine.
(3) Term. A Governor's term shall commence on July 1 following his or her selection. Except as is otherwise provided by the rules governing the Affiliated Local Bar Association from which the Governor is selected, the Governor shall serve for two years and until his or her successor is selected and qualified.
(4) Certification. The Affiliated Local Bar Association shall certify to the Executive Director the identity of its selected Governors, promptly upon the making of the selections.
(5) Vacancies. Each Affiliated Local Bar Association shall promptly fill vacancies as they occur among its Governors, certifying the new Governors to the Executive Director promptly as they are selected. If the vacancy has existed for two or more successive meetings of the Board of Governors, the Board of Governors may fill the vacancy by the selection of a Governor from among the CBA members who are members of the Affiliated Local Bar Association; provided, however, that (A) the Executive Director shall have notified the Affiliated Local Bar Association of the possibility of such action by the Board of Governors at least 40 days prior to the date of the meeting of the Board of Governors at which such action is taken (B) and the Affiliated Local Bar Association shall not itself have filled the vacancy in the meantime. For purposes of this Section 5.2(a)(5), if a Governor who has been selected by an Affiliated Local Bar Association fails to attend two successive meetings of the Board of Governors, the Board of Governors may deem his or her seat to have been vacated at the first of those meetings.
(b) CBA Officers. The following officers shall be Governors during their respective terms in office: the President, the President-elect, the Immediate Past President, each Vice President, the Treasurer, and the Executive Director.
(c) Certain Office Holders. The following persons shall be Governors, with full power to vote on any matter that may come before the Board of Governors if they are CBA members otherwise entitled to vote and hold office: the Dean of the University of Colorado School of Law; the Dean of the University of Denver College of Law; all Colorado delegates to the House of Delegates of the American Bar Association; four lawyers who are each members of the Colorado General Assembly, two of whom are selected by each of the two political parties having the largest numbers of members in the Colorado General Assembly; and the Chair of the CBA Young Lawyers Division.
(d) Governors from Designated Organizations.
(1) Designation of Organizations. The Board of Governors may, from time to time, designate organizations that are entitled to representation on the Board of Governors ("Designated Organizations"). Appendix B to these Bylaws shall be maintained as a list of current Designated Organizations. Criteria to be considered when determining whether to designate an organization as a Designated Organization may include the following, together with any others the Board of Governors may deem relevant:
(A) Whether the organization represents a distinct and significant interest and the organization is generally recognized as being representative of that interest;
(B) Whether the organization represents an interest not otherwise adequately represented on the Board of Governors;
(C) Whether a substantial number of CBA members share the organization's interest;
(D) Whether a substantial number of the CBA members sharing the organization's interest are members of the organization; and
(E) Whether at least a majority of the members of the organization are CBA members.
(2) Qualifications and Conditions for Designation of Designated Organization. The Board of Governors may establish qualifications and conditions for designation as a Designated Organization, which qualifications and conditions may include the payment of special dues or fees to the CBA by the Designated Organization or its members; and such qualifications and conditions may be in addition to or different from the qualifications and conditions established for other Designated Organizations.
(3) Termination of Designation of Designated Organization. The entitlement of a Designated Organization to representation on the Board of Governors may be terminated by the Board of Governors. The Designated Organization shall receive 40 days written notice of the contemplated termination of its entitlement. Upon written request to the President (which request has been approved by the majority of the members of such Designated Organization), the Designated Organization shall be entitled to be heard at the meeting of the Board of Governors at which the termination is to be considered and voted upon.
(4) Selection of Governor; Removal; Qualification. Pursuant to such procedures as it may determine, each Designated Organization shall select one of its members, who is a CBA member entitled to vote and hold office, to be a Governor. A Designated Organization may remove a person as its selected Governor pursuant to such procedures as it may determine. A person may serve as a Governor pursuant to such selection only so long as the person remains a CBA member entitled to vote and hold office and remains a member of the Designated Organization.
(5) Certification of Governor. The Designated Organization shall certify to the Executive Director the identity of its selected Governor, promptly upon the making of the selection.
(6) Term of Governor. The term of a Governor selected by a Designated Organization shall commence on July 1 following his or her selection. Subject to prior removal by the Designated Organization, the Governor shall serve for two years and until his or her successor is selected and qualified.
(7) Vacancies. Each Designated Organization shall promptly fill any vacancy as it occurs in its position of Governor, certifying to the Executive Director the identity of the new Governor promptly as the selection is made. If the vacancy has existed for two or more successive meetings of the Board of Governors, the Board of Governors may fill the vacancy by the selection of a Governor from among the CBA members who are members of the Designated Organization; provided, however, that (A) the Executive Director shall have notified the Designated Organization of the possibility of such action by the Board of Governors at least 40 days prior to the date of the meeting of the Board of Governors at which such action is taken (B) and the Designated Organization shall not itself have filled the vacancy in the meantime. For purposes of this Section 5.2(d)(7), if a Governor who has been selected by a Designated Organization fails to attend two successive meetings of the Board of Governors, the Board of Governors may deem his or her seat to have been vacated at the first of those meetings.
5.3. Meetings; Notice; Quorum. Meetings of the Board of Governors shall be held at the call of the Executive Council, the President, or 10 percent of the Governors. At least 10 days' prior notice of any meeting shall be given to the Governors, but any member may waive notice before, at, or after a meeting. One-third of the Governors shall constitute a quorum.
5.4. Attendance and Voting. Except as may be stated in the notice of the meeting or determined by a majority of the Governors present at the meeting, all CBA members, whether or not entitled to vote, shall be welcome to attend any meeting of the Board of Governors. CBA members who are not Governors shall not be entitled, by reason of attendance at a meeting of the Board of Governors, to vote with respect to any matter that comes before the meeting.
5.5. Action at Meetings. At any meeting of the Board of Directors, if a quorum is present, the vote of a majority of the Governors in attendance and entitled to vote shall constitute the act of the Board of Governors.
5.6. Secretary. The Executive Director shall be secretary of the Board of Governors.
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Article 6. The Executive Council
6.1. General Powers. The Executive Council shall have and be entitled to exercise all of the power and authority of the Board of Governors between meetings of the Board, including without limitation the authority of ratification and adoption specified in Section 11.3 and any action or decision that is specifically provided in these Bylaws to be taken or made by the Board of Governors; provided, however, that the Executive Council shall have no power or authority with respect to:
(a) Amendment of these Bylaws or the CBA Articles of Incorporation;
(b) Any matter as to which the Board of Governors, by resolution, shall restrict the authority of the Executive Council, to the extent of such restriction;
(c) Any matter which the President refers to the Board of Governors prior to Executive Council action on the matter; and
(d) Any matter which any three members of the Executive Council, by affirmative vote at an Executive Council meeting and notwithstanding a larger negative vote by other members of the Executive Council, refer to the Board of Governors prior to adjournment of the meeting at which the Executive Council takes action on the matter.
Referral of a matter to the Board of Governors pursuant to Section 6.1(d) shall nullify the action taken by the Executive Council on the matter. Unless the matter otherwise comes before the Board of Governors within 90 days after the referral, the Executive Council shall call a meeting of the Board of Governors, to be held within 90 days after the referral, to consider the matter.
6.2. Composition; Qualification; Terms.
(a) Composition. The Executive Council shall consist of the following members, who shall serve for the stated terms:
(1) The President, to serve during the term of office;
(2) The President-elect, to serve during the term of office;
(3) The Immediate Past President, to serve during the term of office;
(4) All Vice Presidents, to serve during the terms of office;
(5) The Treasurer, to serve during the term of office;
(6) The Executive Director, to serve during the term of office;
(7) The Chair of the CBA Young Lawyers Division, to serve during the term of office;
(8) The President of the Denver Bar Association, to serve during the term of office;
(9) Three Governors who are Section representatives on the Board of Governors and who are selected for membership on the Executive Council by a majority of the Governors who are Section representatives to the Board of Governors, each member to serve for a term of two years commencing July 1 but subject to removal and replacement at any time by the vote of a majority of the Governors who are Section representatives to the Board of Governors; and
(10) Four Governors, no more than two of whom shall be from the same District; two of such Governors shall be appointed by each successive President with the approval of the Board of Governors, and each shall serve for a term of two years commencing July 1.
(b) Qualification and Terms. Each member of the Executive Council must be a Governor at the time his or her term on the Executive Council commences, but his or her term on the Executive Council shall continue to its end notwithstanding that he or she may cease to be a Governor after commencement of such term. A person may serve as a member of the Executive Council only so long as the person remains a CBA member entitled to vote and hold office.
6.3. Meetings; Quorum; Action. The Executive Council shall hold regular meetings on such schedule as it may adopt and shall hold special meetings at the call of the President, of the Executive Director, or of any three Executive Council members. A majority of the members of the Executive Council shall constitute a quorum. The act of a majority of the members present at any meeting shall be the act of the Executive Council, except as provided in Section 6.1(d).
6.4. Secretary; Records and Reporting. The Executive Director shall serve as secretary of the Executive Council. All actions of the Executive Council shall be recorded and reported to the Board of Governors.
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Article 7. Officers
7.1. Officers. The officers of the CBA shall be a President; a President-elect; the Immediate Past President; seven Vice Presidents (one of whom shall be the Senior Vice President in accordance with the provisions of Section 8.4); an Executive Director; and a Treasurer.
7.2. Selection of Officers.
(a) Elected Officers. The President-elect shall become the President upon the expiration or termination of the term of the preceding President. The President-elect and each of the Vice Presidents shall be selected as provided in Section 8.
(b) Executive Director. The Executive Director shall be appointed by the Joint Management Committee. The Executive Director shall serve at the will of the Joint Management Committee and at such compensation and under such bond as the Joint Management Committee may determine.
(c) Treasurer. The Treasurer shall be appointed by the Board of Governors for a term of three years, and shall serve at the will of the Board and under such bond as the Board of Governors may determine. The Treasurer may serve more than one term.
7.3. Duties. Each of the officers shall exercise such authority and perform such duties as shall be determined by these Bylaws or by the Board of Governors. Specific authority and duties are provided below in this Section 7.3.
(a) President. The President shall preside at all meetings of the Board of Governors, of the Executive Council, and of the CBA members. The President shall visit each District at least once during the President's term, for the purpose of meeting with members of the Affiliated Local Bar Associations located within the District. The President shall be an ex officio member of all committees. The President shall, with the advice and consent of the Board of Governors, appoint all CBA delegates to the House of Delegates of the American Bar Association upon the expiration or termination of the terms of the then-serving delegates. Delegates shall be eligible for reappointment.
(b) President-elect. The President-elect shall assume the duties of President when the President is unable to perform such duties. The President-elect shall be a member of committees as may be provided elsewhere in these Bylaws or the appendices to these Bylaws. The President-elect shall undertake special assignments at the request of the President and shall perform such of the President's duties as the President may delegate.
(c) Vice Presidents. Each Vice President shall serve as an active liaison between the CBA and each Affiliated Local Bar Association in the District from which such Vice President has been elected. Vice presidents shall undertake special assignments at the request of the President.
(d) Treasurer. The Treasurer shall, under the direction of the Board of Governors, supervise the CBA's accounts, including supervision of the collection and disbursement of all CBA funds. The Treasurer shall, at such times as may be directed by the Board, submit detailed statements of the moneys received and expended by the CBA, the amounts due to and from the CBA, and an estimate of the income and expenditures for the ensuing year. The Treasurer's books and accounts shall be at all times subject to examination and audit by the Board of Governors and by any committee appointed for that purpose. Such books and accounts shall be audited independently at the end of each fiscal year by such auditors as the Board of Governors may determine.
(e) Executive Director. The Executive Director shall keep a record of the proceedings of all meetings of CBA members, of the Board of Governors, of the Executive Council, and of such other meetings as the Board of Governors may direct. The Executive Director shall assist the CBA officers in the performance of their duties and shall perform such other duties as may be assigned to the Executive Director by the Board of Governors, the Executive Council, or the President. The Executive Director shall keep an accurate roll of all officers; notify all officers of their election to office and all members of their appointment to committees; furnish the Treasurer with the names and addresses of all members; conduct correspondence on behalf of the CBA; keep the CBA's seal; and, under the supervision of the Treasurer, collect and disburse the CBA's funds and keep accurate accounts of the CBA's fiscal affairs. The Executive Director shall, in cooperation with the President and Nominating Committee, coordinate and facilitate all elections and selections of CBA officers other than the Executive Director. The Executive Director shall have authority, with approval of the President, to employ, supervise, and terminate such administrative and other staff members of the CBA as may be necessary or appropriate.
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Article 8. Election of President-elect and Vice Presidents
8.1. Commencement of Terms. The terms of all offices of the CBA shall commence on July 1 of the respective year.
8.2. Establishment of Districts. For the purpose of providing rotation of the Presidency and representation on the Executive Council, the Affiliated Local Bar Associations shall be divided into the Districts identified in Appendix A.
8.3. Election and Term of President-elect; Rotation. The President-elect shall be elected as stated in Section 8.5 to serve one year as President-elect and the succeeding year (and until his or her successor is determined) as President. For terms beginning in odd-numbered years, the President-elect shall be a member of an Affiliated Local Bar Association in the First District and shall have his or her principal office in that District. For terms beginning in even-numbered years, the President-elect shall be a member of an Affiliated Local Bar Association in, and shall have his or her principal office in, a District other than the First District, which District shall be, for the term beginning in 2004, the Third District and which shall be, in succeeding even-numbered years, the next District (other than the First District) in numerical order, respectively.
8.4. Election and Terms of Vice Presidencies. Each of the Vice Presidents shall be a member of an Affiliated Local Bar Association in the District from which the Vice President is elected and shall have his or her principal office in that District. The Senior Vice Presidency shall rotate annually among the seven Districts in the order they are numbered. The Vice Presidents shall be elected as stated in Section 8.5 to serve one-year terms and until their respective successors are elected.
8.5. Nomination and Election Procedures.
(a) Nominating Committee. Subject to the provisions of Section 8.5(b) with respect to the election of Vice Presidents, nominations for the elective offices shall be made by a Nominating Committee consisting of the following members, determined between July 1 and October 1 of the year preceding the year in which the elected officers' terms shall commence:(1) the President; (2) three CBA members appointed by the President, one of whom shall be a past President and who shall chair the Committee; (3) one CBA member chosen from each District by a majority of the Governors from that District; (4) one Governor who is a Section representative on the Board of Governors and who is chosen by a majority of the Governors who are Section representatives to the Board of Governors; and (5) the president-elect. Not later than November 15 following the selection of the Nominating Committee, notice of their names and addresses shall be given to the CBA members.
(b) Procedures for Selection of Nominees for Vice Presidents. The Governors from all of the Affiliated Local Bar Associations located in each District shall caucus at a place and time of their choosing to select the person who shall stand for election as the vice president nominee for that District. The name of such selected person shall be provided by the caucus to the Nominating Committee not later than December 31st of the year preceding the year in which the term of office for such person would begin. The Nominating Committee shall nominate such selected person to be the nominee for Vice President for the respective District. If a District fails timely to make its selection, the Nominating Committee shall select the nominee for Vice President for that District.
(c) Standards. The President shall instruct the Nominating Committee and the district caucuses referred to in Section 8.5(b) that officers shall be chosen on the basis of ability and willingness to serve the CBA's needs, rather than as a method of conferring honors. The President shall also instruct the Nominating Committee and such caucuses to consider and be sensitive to the diverse composition of the CBA, so that all members may recognize that their interests and aspirations are being given serious attention both in the selection of officers and in the conduct of the CBA's affairs. The President shall also instruct the Nominating Committee and such caucuses on the qualifications required by these Bylaws for each office holder, including the requirements of Section 8.3 and Section 8.4.
(d) Nominating Committee Report. On or before February 15 of the year in which their terms would begin, the Nominating Committee shall nominate one qualified person for each of the elective offices of the CBA and shall provide the names of the nominees to the Executive Director. The Executive Director shall give notice of the nominees, stating their names and addresses and the Districts in which they are members of Affiliated Local Bar Associations and in which they have their principal offices, to all CBA members prior to March 15 of that year.
(e) Nominations by Petition. In addition to the nominations made by the Nominating Committee, persons may be nominated by petition for any of the elective offices of the CBA pursuant to the provisions of this Section 8.5(e). Each such petition shall be in writing (which may be in counterparts) and shall state the name of each person nominated, the office for which the nomination is made, the nominee's address, and the District in which the nominee is a member of an Affiliated Local Bar Association and has his or her principal office. Each such petition shall be signed by not less than 100 CBA members who are entitled to vote and shall be delivered to the Executive Director on or before April 15 of the year in which the nominee's term would begin. Each such nominee shall have the qualifications required by these Bylaws for the respective office and, further, each nominee shall have his or her principal office within the same District as the person nominated for that office by the Nominating Committee and shall be a member of an Affiliated Local Bar Association within that District.
(f) Election Procedures.
(1) Uncontested Election. If no other nomination is made pursuant to Section 8.5(e) for a particular office, the nominee nominated to that office by the Nominating Committee shall be deemed elected automatically to that office and shall assume that office as of July 1 of that year.
(2) Contested Election. If there is, in addition to the nominee of the Nominating Committee, one or more other persons nominated for any office pursuant to Section 8.5(e), then the election for that office shall be conducted as follows: On or before April 40 of the year in which the term of that office begins, the Executive Director shall prepare and cause to be provided to all CBA members who are entitled to vote a ballot setting forth the nominees for all of the contested offices. The ballot shall be accompanied by such short biographical sketch, if any, that each nominee may submit for that purpose not later than April 20 of that year. All returned ballots received at the CBA office by 4:00 p.m. on or before the following May 15, bearing such proof of validity as may be determined necessary by the Board of Governors, shall be counted under the supervision of the Executive Council. The winner of the election for each contested office shall be that nominee receiving a plurality of the votes validly cast for that office. The Executive Director shall certify the results of the election to the President and the Board of Governors, and, under the direction of the President, shall notify all nominees of the results. Such certification and notification shall be completed on or before June 1 of that year.
(3) Election Procedures. The Board of Governors may provide for the issuance of ballots and biographical sketches and for the return of ballots by means other than mail as contemplated in Section 8.5(f)(2); provided, however, that such procedures shall never preclude the use of the mail with respect to any CBA member who is entitled to vote in the election and who cannot, or does not choose to, participate in the election by such other means.
(g) Dates. If any of the dates specified in this Section 8.5 falls on a Saturday, Sunday, or holiday observed by the State of Colorado, the date shall be deemed instead to be the next business day following the date so specified.
8.6. Presidential Succession; Vacancy. No President shall serve two successive terms; provided, however that, if the President-elect becomes President upon a vacancy in the Presidency, he or she shall serve the remainder of the predecessor President's term as well as the term for which he or she was elected. If there is no President-elect at the time of the vacancy in the Presidency, the Senior Vice President shall become the President; and, if there is no Senior Vice President or the Senior Vice President chooses not to serve, the Board of Governors shall select one of the Vice Presidents to become the President, and such Senior Vice President or Vice President shall serve the remainder of the predecessor President's term.
8.7. Vacancies in Offices Other Than President. The Board of Governors shall fill each vacancy in any office other than that of the Presidency. If an office of Vice President becomes vacant, the vacancy shall be filled from the District in which the vacancy occurred. If the office of President-elect becomes vacant, the vacancy shall be filled from within any of the Districts from which a person could have been nominated to hold the office for that term; provided, however, that, if the vacancy occurs by reason of the President-elect becoming President to fill a vacancy in that office pursuant to Section 8.6, then the vacancy in the office of President-elect shall not be filled.
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Article 9. Committees
9.1. Standing Committees. The Standing Committees shall be as listed in Appendix C. The Standing Committees shall have such duties as are specified in Appendix C, together with such other duties as the Board of Governors or the President may assign.
9.2. Special Committees. The President may establish such special committees as the President deems advisable. The President shall report the establishment of any such committee to the Executive Council and to the Board of Governors at their next meetings, respectively, following such establishment.
9.3. Appointments to Committees. The President shall appoint all members of all committees. The President shall endeavor to rotate committee appointments to give CBA members the opportunity to serve on committees while also retaining an appropriate continuity of committee membership. The President may, in appropriate cases, appoint persons who are not lawyers and persons who are not CBA members to committees.
9.4. Committee Officers, Rules, and Reports. The President shall designate the chair of each committee. Each committee may select from its members a vice–chair, a secretary, and such other officers as it deems appropriate. Each committee may adopt and amend rules for its procedures and operations. Each committee shall make a written annual report to the CBA, which report shall be delivered to the Executive Director at least 40 days before the end of the fiscal year.
9.5. No Representation on Board of Governors. Committees shall not be entitled to representation on the Board of Governors.
9.6. Board of Governors Review. The Board of Governors shall, from time to time, review each committee to determine whether it is necessary or appropriate to continue that committee. The Board of Governors may eliminate any committee.
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Article 10. Sections
10.1. Establishment. The Board of Governors shall establish Sections devoted to the improvement of the professional knowledge and skill of CBA members in particular fields of law.
10.2. Section Membership. There shall be no qualification for membership in any Section other than CBA membership, application for enrollment in such Section, and the payment of such Section dues and fees (including dues and fees payable by CBA members who may be exempt from payment of CBA dues) as may be established by the Section.
10.3. Bylaws; Officers; Committees. Each Section shall have the power to adopt its own bylaws not inconsistent with these Bylaws, but no such bylaws shall become effective unless and until approved by the Board of Governors. Each Section shall select a chair, vice chair, secretary, and such other officers as it deems appropriate. Each Section may establish such Section committees, task forces, and other bodies as it determines. References elsewhere in these Bylaws to "committees" shall not be deemed to refer to any such committee or other body.
10.4. Funding. Except to the extent of funds actually available to it from its own dues and fees, no Section shall incur any obligation in excess of the amount, if any, approved by the Board of Governors.
10.5. Board of Governors Review. The Board of Governors shall, from time to time, review each Section to determine whether it is necessary or appropriate to continue that Section. The Board of Governors may eliminate any Section.
10.6. List of Sections. A list of the Sections shall be maintained as Appendix D to these Bylaws.
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Article 11. Special Policies
11.1. Nondiscrimination Policy. The CBA shall not discriminate in its membership or admission policies in any manner against persons on the basis of gender, race, color, national origin, age, sexual orientation, disability, or religious beliefs.
11.2. Avoidance of Discriminatory Facilities. The CBA and its Board of Governors, Executive Council, officers, Sections, committees, and other groups shall not use, for any bar–related activity, the facilities of any club or other institution that discriminates in its membership or admission policies in any manner against persons on the basis of gender, race, color, national origin, age, sexual orientation, disability, or religious beliefs. The validity of any action taken at any such facility shall not be challenged by reason of noncompliance with this provision.
11.3. Authority. No action, consent, approval, resolution, recommendation, report, or statement of any Section or committee shall be binding upon the CBA, be deemed to be the act of the CBA, or be publicized as coming from the CBA unless formally adopted or ratified (a) by the Board of Governors or (b) by the CBA members upon referral of the matter to them by the Board of Governors pursuant to Section 5.1.
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Article 12. Calendar
12.1. Administrative Year. The CBA's administrative year shall commence on July 1. CBA officers, Section officers, and officers of Standing Committees shall begin serving their terms on July 1 following their selection.
12.2. Fiscal Year. The CBA's fiscal year shall commence on July 1.
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Article 13. Amendments to Bylaws or Articles of Incorporation
13.1. Amendments by the Board of Governors. Amendments to these Bylaws or to the Articles of Incorporation may be adopted at any meeting of the Board of Governors. No amendment shall be considered at any meeting by the Board of Governors (except by unanimous consent of those present) unless the notice of the meeting shall have included the consideration of such an amendment as the purpose or one of the purposes for which the meeting was called.
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Article 14. Fiscal Policies
14.1. Budget. The Board of Governors shall have the authority to review and approve the CBA budget and all supplementary expense requests that are not within the budget.
14.2. Contingency Fund . Requests for expenditures from the contingency fund shall be directed to the President for consideration and approval by the Board of Governors.
14.3. Capital Improvements Fund. A capital improvements fund shall be established to replace and acquire all depreciable items. The Budget and Planning Committee shall recommend to the Board of Governors the amount of cash to be transferred into the fund, and transfers shall be made as determined by the Board of Governors.
14.4. Investments. The Budget and Planning Committee may, from time to time, recommend to the Board of Governors changes in the investment policies of the CBA. The investment policies shall be as determined by the Board of Governors.
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APPENDIX A TO THE COLORADO BAR ASSOCIATION BYLAWS
Affiliated Local Bar Associations – Alphabetical Listing
Adams–Broomfield Bar Association
Arapahoe County Bar Association
Aurora Bar Association
Boulder County Bar Association
Continental Divide Bar Association
Delta County Bar Association
Denver Bar Association
Douglas–Elbert County Bar Association
El Paso County Bar Association
First Judicial District Bar Association
Four Corners Bar Association
Fremont/Custer Bar Association
Heart of the Rockies Bar Association
Larimer County Bar Association
Mesa County Bar Association
Ninth Judicial District Bar Association
Northwestern Colorado Bar Association
Pitkin County Bar Association
Pueblo County Bar Association
San Luis Valley Bar Association
Seventh Judicial District Bar Association
Sixteenth Judicial District Bar Association
Southeastern Colorado Bar Association
Southern Colorado Bar Association
Southwestern Colorado Bar Association
Thirteenth Judicial District Bar Association
Weld County Bar Association
Listing by District:
First:Denver Bar Association
Second:Adams–Broomfield, Arapahoe, Aurora, Douglas–Elbert and First Judicial District Bar Associations
Third:Boulder, Larimer, Thirteenth Judicial District and Weld County Bar Associations
Fourth:Pueblo, Sixteenth Judicial District, Southeastern Colorado and Southern Colorado Bar Associations
Fifth:El Paso, Fremont/Custer, Heart of the Rockies, and San Luis Valley Bar Associations
Sixth:Delta County, Four Corners, Mesa County, Seventh Judicial District, and Southwestern Colorado Bar Associations
Continental Divide, Ninth Judicial District, Northwestern Colorado, and Pitkin County Bar Associations
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APPENDIX B TO THE COLORADO BAR ASSOCIATION BYLAWS:
ORGANIZATIONS DESIGNATED FOR REPRESENTATION ON THE BOARD OF GOVERNORS
Asian Pacific American Bar Association
Association of Magistrates
Colorado Attorney General’s Office
Colorado County Judges Association
Colorado Court of Appeals
Colorado Criminal Defense Bar
Colorado Defense Lawyers Association
Colorado District Attorneys Council
Colorado District Judges Association
Colorado Hispanic Bar Association
Colorado Legal Services
Colorado Lesbian and Gay Bar Association
Colorado Indian Bar Association
Colorado Municipal Judges Association
Colorado State Public Defenders Office
Colorado Supreme Court
Colorado Trial Lawyers Association
Colorado Women's Bar Association
Governor’s Office of Legal Counsel
National Association of Black Women Attorneys, Colorado Chapter
Sam Cary Bar Association
United States District Court for the District of Colorado
Agricultural and Rural Law Section
Alternative Dispute Resolution Section
Business Law Section
Criminal Law Section
Elder Law Section
Environmental Law Section
Family Law Section
Government Counsel Section
Health Law Section
Intellectual Property Section
International Law Section
Judicial Liaison Section
Juvenile Law Section
Labor & Employment Law Section
Military & Veterans’ Affairs Section
Natural Resources & Energy Law Section
Real Estate Section
Solo/Small Firm Section
Taxation Law Section
Trust & Estate Section
Water Law Section
Workers Compensation Section
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APPENDIX C TO THE COLORADO BAR ASSOCIATION
Amicus Briefs Committee. This Committee, with not more than five members, shall review applications for the CBA to participate asamicus in matters pending before federal and state courts in Colorado. The Committee shall make recommendations to the Executive Council if CBA participation is appropriate and then review and suggest modification to proposed briefs, if necessary.
Awards Committee. This Committee shall determine the recipient of the CBA Award of Merit and the inductees into the Colorado Bar Association Hall of Fame. The Award of Merit shall be awarded annually to a member of the association for outstanding service to the association, outstanding service or contribution to the legal profession, outstanding contribution to the administration of justice, or outstanding service or contribution to the community. The inductees into the Colorado Bar Association Hall of Fame shall be members of the CBA who have been deceased for 7 or more years and who are selected on the same criteria as the Award of Merit. Inductees shall not exceed six each year, and their profiles shall be featured in the CBA's principal publication. The Awards Committee may make such additional awards as may be designated by the Board of Governors.
Budget and Planning Committee. This Committee shall study the CBA's financial condition and submit to the Board of Governors a proposed budget for each fiscal year. As part of the annual budgeting process, this Committee shall develop a strategic planning process, review and update the long range plan, and evaluate the progress of the association in meeting the goals set forth in the plan. This Committee shall be composed of the Treasurer, who shall serve as the chair; the President–elect; one representative from the CBA Young Lawyers Division, who shall serve for one year; two Governors and two Executive Council members, who shall be appointed by the President and serve for one year; and
three at–large members, who shall be appointed by the President and who shall serve staggered two–year terms as determined by the Board of Governors.
Cannabis Law Committee. The changing legal status of cannabis creates a broad spectrum of challenges to Colorado lawyers. This committee seeks to help lawyers give their clients better advice through sharing educational resources, and otherwise helping Colorado set the highest possible legal and business standards for legalized hemp and marijuana.
Civil Rights Committee. The Civil Rights Committee shall promote the civil rights of individuals and groups through legislative analysis and recommendations, educational activities, and community outreach.
COBALT Committee. This committee strives to facilitate and strengthen the leadership qualities of, and opportunities for, CBA members to enhance, promote and inspire leadership within the legal profession. This is accomplished through an interactive leadership training program designed specifically for lawyers with demonstrated leadership skills and commitment to the legal community. The program teaches leadership skills, but also focuses upon challenges faced by leaders in the legal community and the general community, and inspires and energizes program participants through a group learning experience.
The Colorado Lawyer Board. This Board oversees, advises on, and sets the editorial policies for the CBA=s monthly journal. The Board shall comprise thirteen members, including the Executive Director or his or her proxy. Each Board member (other than the Executive Director) shall be appointed by the President (in consultation with the Board chair and the managing editor) for a term of three years. At the expiration of the first term, a member may request appointment to a second three-year term. No member shall serve more than two consecutive terms. Interim vacancies on the Board, should they occur, shall be filled by appointment by the President for the unexpired terms. In making appointments to the Board, the President shall use reasonable efforts to choose members from among the state’s twenty-two judicial districts, and the President shall consider and be sensitive to the diverse composition of the CBA membership so that all members may recognize that their interests and aspirations are being given attention. The Board shall appoint a chair and a vice–chair from among its members, both of whom shall serve at the pleasure of the Board. The Board may be asked to evaluate the journal’s business and objectives and annually shall be asked to review the editorial department’s proposed budget. The Board does not participate in the editorial or production operations of the publication or in the selection of material that is published each month, but may be asked by the editorial staff to evaluate changes to content or to review manuscripts for suitability. The Board shall meet twice per calendar year or more often as deemed necessary. The managing editor, with the chair and vice-chair, shall determine the Agenda for each meeting of the Board.
Committee on Animal Law. This committee is a resource for Colorado Bar Association members and the public regarding the intersection of animals, people and the law. Specifically, the Committee will: serve as a forum for members of the legal profession to share information, resources and experiences related to the practice of animal law; monitor and provide comments on relevant legislation and rulemaking pursuant to the Colorado Bar Association’s policies and practices; offer continuing legal education programs on animal law; and promote open dialogue among groups and individuals and serve as an informational resource on animal law.
Diversity in the Legal Profession Committee. This Joint Committee of the CBA and the Denver Bar Association shall identify, isolate, recommend, promote, and implement actions to remedy problems preventing the goal of full diversity in the legal profession.
Environmental Sustainability Program Committee. In an effort to create more sustainable law practices, the Colorado Bar Association created an Environmental Sustainability Program. This program challenges CBA members to commit to environmental excellence by taking steps to reduce energy use and resource waste, and to otherwise strive for sustainability, at their firm or place of business. This committee helped to develop the program and continues to work on marketing and administering it.
Ethics Committee. This Committee shall give its opinion on questions of legal ethics presented to it by CBA members, and shall, from time to time, compile and publish such of its opinions as may be of general interest to the profession.
Interprofessional Committee. This Joint Committee of the CBA and Denver Bar Association shall be responsible for promoting better understanding among the professions and shall, subject to the approval of the Board of Governors, prepare any statements of principles governing interprofessional relations and recommend necessary corrective Colorado legislation governing professional groups.
Joint Management Committee. This Committee shall select the Executive Director pursuant to Section 7.2(b) of the Bylaws. The Committee shall make studies and recommendations on all problems involving the joint operation of offices of the CBA and the Denver Bar Association, including staff salaries and fringe benefits, division of costs, office policies and procedures, and related matters, as well as any special problems referred to it by the President, governing board, or executive council or executive committee of either association. The Committee shall consist of thirteen members: the Presidents, Presidents–elect, Immediate Past Presidents and Treasurers of the respective associations, the Denver Bar Association's First Vice President, two members at large from the CBA and one member at large from the Denver Bar appointed by the respective presidents, and the chair, who shall be selected by the President of the CBA in odd numbered years and by the President of the Denver Bar Association in even numbered years.
Lawyers Professional Liability Committee. This Committee shall examine the extent of professional liability insurance coverage available to lawyers in Colorado; undertake periodic surveys of the legal malpractice insurance market to determine the number of carriers; and shall do periodic review of whether a "captive" insurance company would be appropriate for Colorado practitioners.
Legal Fee Arbitration Committee. This Joint Committee of the CBA and Denver Bar Association shall arbitrate disputes between attorneys and clients concerning legal fees and costs. Subject to the approval of the CBA Board of Governors and DBA Board of Trustees, the Committee shall prescribe rules and procedures for submission of complaints concerning fee disputes for arbitration by the Committee.
Legislative Policy Committee. This Committee shall consist of thirteen members: the President; the President-elect; the Immediate Past President; and ten CBA members appointed by the President with the approval of the Executive Council, three of whom shall have been proposed by the caucus of Section representatives. The Committee shall work with the CBA Director of Legislative Relations to advance the CBA’s legislative aims as determined by the Executive Council and Board of Governors. The Committee shall follow the policies and procedures established by the CBA in furthering the association’s legislative program.
Mock Trial Committee. This Committee shall coordinate all aspects of the Colorado Mock Trial Program including preparing the annual case problem, conducting trainings for all participants, assisting with preparation of the regional tournaments, and coordinating the state competition. The Committee also assists the state championship team with preparation for the national competition. The Committee works to further promote and improve the mock trial program throughout the state.
Paralegal Committee. This Committee shall inform and educate paralegals and attorneys as to the role and utilization of paralegals in providing quality legal services.
Professionalism Coordinating Council. This Council coordinates the Association’s efforts to improve professional conduct on the part of lawyers and judges in light of the Lawyers’ Oath of Admission to practice law in Colorado and the reasonable expectations of the bench, bar, and the public.
Public Legal Education Committee. The Committee strives to facilitate education of the public about the legal system and works with other institutions in the community in an effort to develop and provide law-related education as an appropriate part of general education at all levels in the state. This is accomplished through ongoing programs such as public speaking on legal topics, developing model legal information clinics for pro se litigants (for use by local bar associations) and publishing legal resource materials for the public.
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APPENDIX D TO THE COLORADO BAR ASSOCIATION
Agricultural and Rural Law Section
Alternative Dispute Resolution Section
Business Law Section
Communication and Technology Law Section
Construction Law Section
Criminal Law Section
Disability Law Section
Elder Law Section
Environmental Law Section
Family Law Section
Entertainment & Sports Law Section
Government Counsel Section
Health Law Section
Immigration Law Section
Intellectual Property Section
International Law Section
Judicial Liaison Section
Juvenile Law Section
Labor & Employment Law Section
Military & Veterans' Affairs Section
Natural Resources & Energy Law Section
Real Estate Section
Solo/Small Firm Section
Taxation Law Section
Trust & Estate Section
Water Law Section
Workers Compensation Section
Young Lawyers Division
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COLORADO BAR ASSOCIATION
STATEMENT REGARDING CONFLICTING INTERESTS
Reason for Statement
The Colorado Bar Association ("CBA") appreciates those members who volunteer to carry out the purposes of the CBA and values the diversity of viewpoints provided by its members. It also values the services of its employees. The CBA wants to assure that its members and employees are protected from conflicts of interest when they participate in the activities of the CBA. In keeping with that goal, the members of the CBA Board of Governors and of its Executive Council, the leaders of its Sections Councils, the chairs and officers of it and its Sections' various committees, as well as the CBA employees described in the next section of this Statement (collectively, the "Bar Leaders") must recognize that they each occupy a fiduciary position that carries with it duties of care and loyalty to the CBA. They must refrain from using their positions with the CBA, or information that is proprietary to the CBA and is gained from those positions, for their personal benefit.
Coverage of Bar Leaders and CBA Employees
This Statement applies not only to the CBA members described in the preceding section but also to CBA employees who can influence the actions of CBA, including those who make purchasing decisions for the CBA, those in the CBA's management ranks, and those who possess information that is proprietary to the CBA. Those employees are included in the phrase "Bar Leaders" as it is used in this Statement.
Relationships in Which Conflicting Interests May Arise
Conflicting interests may arise in the relationships of Bar Leaders with any of the following persons (including individuals, businesses, organizations, and other associations):
- Persons supplying goods, or services to the CBA;
- Persons with whom the CBA may deal in connection with the acquisition or disposition of real estate or other property;
- Persons whose goals or intentions may differ from those of the CBA;
- Family members, friends, and affiliates of Bar Leaders; and
- Other Bar Leaders.
Interests in Which Conflicts May Occur
For purposes of this Statement a conflicting interest is defined as an interest, direct or indirect, that a Bar Leader has with any person described in the previous section. Such an interest might arise, for example, through:
- A Bar Leader's ownership of an equity interest in, or holding of a debt or other obligation of, in such person.
- Holding office, serving on the board, participating in management, or being otherwise employed (or formerly employed) by any third party dealing with the CBA;
- Receiving remuneration for services with respect to individual transactions involving the CBA;
- Using the CBA's time, personnel, equipment, supplies, or good will other than for approved the CBA activities, programs, and purposes; or
- Receiving personal gifts or loans from third parties dealing with the CBA.
Interpretation of This Statement of Policy
The examples of conflicting interests identified in the previous section, and the examples of relationships in which such interests may arise, are not exhaustive. Conflicting interests may arise in other circumstances or through other relationships. Bar Leaders must recognize such circumstances and relationships by considering the general principles governing their fiduciary duties and by analogizing from the examples provided above.
The fact that one of the interests or relationships previously described exists does not mean necessarily that a conflicting interest exists; or that the conflicting interest, if it exists, is material enough to be of significance; or that, even if it is material, it is necessarily adverse to the interests of the CBA if it has been fully disclosed to the CBA as described below.
Disclosure Policy and Procedure
It is the policy of the CBA that the existence of each of the relationships and conflicting interests described in this Statement shall be disclosed in the manner provided below on a timely basis. It shall be the continuing responsibility of Bar Leaders to scrutinize their various interests and relationships for potential conflicts with the interests of the CBA and to make such disclosures.
Disclosure of a conflicting interest should be made as follows, and a transaction and other dealing with the persons involved in the conflicting interests should be undertaken only if all of the following are observed:
- The transaction or dealing is fully disclosed to the person or persons described below.
- The transaction has been approved in the manner provided for below.
Disclosures by a Bar Leader shall be made to the CBA's Executive Director or to the CBA President, the President-elect, or the Immediate Past President, as the Bar Leader determines, provided that disclosure shall not be effective under this Statement if made only to a person who is himself or herself involved in the conflicting interest. If the Executive Director, the President, the President-elect, and the Immediate Past President are all involved in the conflicting interest, the disclosure shall be made to a member of the Executive Council who is not involved in the conflicting interest.
The President, the President-elect, and the Immediate Past President shall determine whether a conflict exists and is material, and, if the conflicting interest is found to exist and to be material, whether the contemplated transaction or relationship should nevertheless be authorized as just, fair, and reasonable to the CBA. These officers shall make their decision by majority action, based upon the welfare of the CBA and the advancement of its purposes as a majority of them determines in its sole discretion. These officers may, however, refer any such matter to the Executive Council for its determination rather than theirs, and they shall refer any such matter to the Executive Council for that determination if any of them is involved in the conflicting interest.
The Executive Council shall make its decision regarding any conflicting interest that is before it whether upon direct disclosure to it by a Bar Leader as contemplated in the second preceding paragraph or upon referral from the President, the President-elect, and the Immediate Past President as contemplated in the immediately preceding paragraph based upon the best interests of the CBA and the advancement of its purposes as a majority of a quorum of the members of the Executive Council determines in its sole discretion.
No Bar Leader involved in a conflicting interest shall vote on any matter that is submitted to the vote of the CBA officers or Executive Council that is affected by the conflicting interest, but that Bar Leader may participate in the discussion of the matter to the extent permitted by those who may vote on the matter. Any Bar Leader who has information regarding a conflicting interest shall, at the request of any person who has a right to vote upon the matter, provide all relevant information concerning the matter that the person has available for disclosure, subject, however, to that person's superseding duties of confidentiality to clients or other persons.
Minutes of action of the Executive Council with respect to conflicting interest transactions shall contain reasonable descriptions of the nature of the conflicting interest and its resolution.
A copy of this Statement on Conflicting Interests shall be furnished to each Bar Leader.
The Colorado and Denver Bar Associations will not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, handicap, marital status, sexual orientation or national origin. The bar associations will work to ensure that qualified minority and handicapped applicants are employed. Such efforts must include, but are not limited to the following: employment, upgrading, recruitment, recruitment advertising and rates of pay or other forms of compensation.
- Include policy statement in personnel manual.
- Schedule meetings with employees to explain policy.
- Conduct special meetings with all levels of management to explain the policy and management's responsibility.
- Include discussion of the policy in employee orientation sessions.
- Post the policy on the appropriate employee bulletin boards.
- Notification to minority organizations of bar associations' policy.
- Communication of the bar associations' policy to prospective employees.
- Inform all recruiting sources verbally and in writing of the bar associations' policy and mention that we wish these sources to actively recruit and refer minorities for all open positions at the bar associations.
- Use of an equal opportunity clause in all help wanted advertising.
COLORADO BAR ASSOCIATION
POLICIES AND PROCEDURES OF THE AMICUS BRIEFS COMMITTEE
GUIDELINES FOR SUBMITTING AN AMICUS BRIEF
ON BEHALF OF THE ASSOCIATION OR ONE OF ITS CONSTITUENTS
Effective November 6, 2010
1.THE AMICUS BRIEFS COMMITTEE AND ITS FUNCTIONS
1.1. Provision for Amicus Briefs Committee in CBA Bylaws.
1.2. Appointment of Committee Members and Officers; Governance.
1.3. Committee Functions, Reports.
2.REQUESTS FOR AMICUS BRIEFS
2.3. Directing Requests to the Committee.
2.4. Content of Internal Requests.
2.5. Content of External Requests.
SOLICITATION OF INPUT FROM SECTIONS, COMMITTEES, AND OTHER CONSTITUENTS
3.1. Solicitation of Input from Constituents.
3.2. Solicitation of Input from Other Persons.
4.APPROPRIATE CASES FOR AMICUS BRIEFS
4.1. In General.
4.2. Particular Standards.
4.3. Restatements of Party Arguments; Factual Issues.
4.4. Discussion of CBA Values, Policies, or Positions.
4.5. Consideration of Appropriate Level for Briefing.
5.MATTERS INVOLVING CONFLICT AMONG SECTIONS, COMMITTEES, OR OTHER CONSTITUENTS
6.RECOMMENDATION FOR, OR DENIAL OF, BRIEFING
6.1. Committee Recommendation for Briefing.
6.2. Consideration by the Board of Governors.
6.3. Committee Denial of Briefing.
6.4. Reports of Denials of Briefing.
7.CONTENT OF INTERNAL REQUESTS FOR AMICUS BRIEFS
7.1. Requests in Writing, Including by Electronic Means.
7.2. Content of Internal Request.
8.THE BRIEFING PROCESS
8.1. Committee Does Not Write.
8.2. Drafting; Quality.
8.3. Constituent Participation.
8.4. Briefing by Opposing Constituents.
8.5. Timeliness and Compliance with Rules.
8.6. No Submittal without Final Approval.
8.7. Signatures; Identification of Participants.
8.9. Executive Director.
10.RELATIONSHIP WITH REQUESTING PARTIES.
10.2. Joint Briefs.
* * * * * * * * * *
1.THE AMICUS BRIEFS COMMITTEE AND ITS FUNCTIONS
Briefs Committee in CBA Bylaws
. Appendix C of the Bylaws (the "Bylaws") of The Colorado Bar Association (the "CBA") establishes the
Briefs Committee (the "Committee") as a standing committee of the CBA, under this description:
Amicus Briefs Committee This Committee, with not more than five members, shall review applications for the CBA to participate as amicus in matters pending before federal and state courts in Colorado. The Committee shall make recommendations to the Executive Council if CBA participation is appropriate and then review and suggest modification to proposed briefs, if necessary.
1.2. Appointment of Committee Members and Officers; Governance.
(a) The President of the CBA (the "President") appoints the members of the
Committee, pursuant to Section 9.3 of the Bylaws. Although the President is not limited in determining the qualifications of the appointees, expertise in appellate procedures and in the writing of appellate briefs and a thorough understanding of the core values and the stated policies and positions of the CBA are relevant considerations.
(b) The President appoints the Chair of the Committee, pursuant to Section 9.4 of
the Bylaws. The Committee may select from its members a vice-Chair, a secretary, and such other officers as it deems appropriate.
(c) Pursuant to the authority granted by Section 9.4 of the Bylaws, the Committee
has adopted these Policies and Procedures.
1.3. Committee Functions, Reports.
(a) Except as the Executive Council or the Board of Governors of the CBA may
determine, the Committee shall review, in accordance with these Policies and Procedures, all internal and external requests (as those terms are defined in § 2.1) for amicus briefs by the CBA or by any Section, Committee, or other constituent of the CBA.
(b) The Executive Council or the Board of Governors may deal directly with any
request for an amicus brief without prior consideration by the Committee and may, in any such case, request the Committee's participation in the Council's or the Board's consideration of the request.
(c) With respect to each request that it considers, the Committee shall determine to decline the request or to submit it to the Executive Council with such recommendation as the Committee may determine to provide to the Executive Council.
(d) No amicus brief shall be filed by or on behalf of the CBA or any Section, Committee, or other constituent of the CBA without the approval of the Executive Council or the Board of Governors.
(e) Pursuant to Section 9.4 of the Bylaws, the Committee, by its Chair, shall make a written annual report to the CBA. That report shall identify and describe the requests for amicus briefs that the Committee considered during the course of the fiscal year and the disposition of those requests; the report may include such other matters as the Chair determines. The Chair shall circulate the report to the members of the Committee, for comments, before submitting it to the Executive Director; but the Chair shall have the final determination of its contents. Any member of the Committee may at any time submit his or her own report to the Executive Director about any matter related to the Committee.
2.REQUESTS FOR AMICUS BRIEFS
2.1. Terminology. When used in these Policies and Procedures —
(a) The term "request" shall include a request, an application, and an invitation for the filing of an amicus brief.
(b) The term "internal request" shall include a request made by any Section, Committee, or other constituent of the CBA and a request made by any member of the CBA; and
(c) The term "external request" shall refer to a request made by a court or any other person other than a Section, Committee, other constituent of the CBA, or member of the CBA.
The terms "internal request" and "external request" are used in recognition of the fact that the Committee cannot impose the kinds of requirements on external requests that can be imposed on internal requests. These Policies and Procedures are structured to take into account the different natures of the two kinds of requests.
2.2. Sources. The Committee may consider amicus briefing —
(a) Upon an internal request made by one or more Sections, Committees, local bar associations, or other constituents of the CBA;
(b) Upon an internal request made by one or more members of the CBA;
(c) Upon an external request made by one or more other bar associations, trade organizations, or interest groups;
(d) Upon an external request made by any court, legislature, or administrative agency;
(e) Upon an external request made by any other person; or
(f) Upon the Committee's own motion.
2.3. Directing Requests to the Committee.
(a) Each internal request shall be made by delivery to the Executive Director.
(b) Each external request that is received by any officer of the CBA or by any Section, Committee, or other constituent of the CBA shall be forwarded to the Executive Director.
(c) Upon receipt of a request, the Executive Director shall forward the request to all of the members of the Committee. The Executive Director may include with the request information that the Executive Director may have obtained regarding the request or its context.
2.4. Content of Internal Requests. Internal requests for amicus briefs shall conform to the
requirements set forth in § 7.
2.5. Content of External Requests. It is recognized that the Committee cannot control the
nature or content of external requests; but the Committee may determine, in its discretion, whether the nature and content of any external request is appropriate for its consideration; and the Committee may communicate with any person with respect to an external request with a view toward clarifying, reformulating, restating, or supplementing the external request as the Committee deems appropriate for its consideration.
3. SOLICITATION OF INPUT FROM SECTIONS, COMMITTEES, AND OTHER CONSTITUENTS
3.1. Solicitation of Input from Constituents. At any time in its consideration of an amicus
brief, the Committee may solicit the input of any Section, Committee, or other constituent of the CBA. At some time prior to recommending to the Executive Council that an amicus brief be filed, the Committee, through the Executive Director, shall inform each Section and Committee of the CBA of the possibility of such filing, providing the Sections and Committees with appropriate information about the amicus brief to enable them to give consideration to it, and shall solicit their input on the propriety of such filing; provided, however, that, if a determination by the Executive Council of whether to file an amicus brief must be made quickly, the solicitation of input from Sections and Committees may be in parallel with submission of the Committee's recommendation to the Executive Council. The Committee need not solicit input with respect to requests for amicus briefs that it denies.
3.2. Solicitation of Input from Other Persons. At any time in its consideration of an
amicus brief, the Committee may solicit input from any other bar association, trade organization, or interest group, or from any other person.
4. APPROPRIATE CASES FOR AMICUS BRIEFS
4.1. In General. It is the general policy of the CBA to file amicus briefs sparingly and only
when the imprimatur of the CBA or of the Section, Committee, or other constituent of the CBA on behalf of which the amicus brief would be filed would be of value to the advancement of the position taken by the amicus brief and when the filing of the amicus brief would not be detrimental to the interests of the CBA.
4.2. Particular Standards. It is the general policy of the CBA to authorize an amicus brief
only when the brief would constitute a significant contribution to the consideration of the issue or issues to be briefed and only when the position sought to be advanced is—
(a) Consistent with the core values and the policies and positions known to have been previously adopted or promoted by the CBA;
(b) A matter of public interest;
(c) A matter of interest to lawyers or the legal profession; or
(d) A matter of interest to the lawyers participating in, or represented by, the Section, Committee, or other constituent of the CBA on behalf of which the amicus brief is to be filed.
4.3. Restatements of Party Arguments; Factual Issues. An amicus brief should add perspective and depth to its subject and not merely restate arguments advanced by participating parties. Factual issues are not to be argued in an amicus brief, although the brief may take into account the existence of factual issues.
4.4. Discussion of CBA Values, Policies, or Positions. As appropriate, the amicus brief
may cite and discuss prior adoption or promotion by the CBA of core values or policies or positions applicable to the subject of the amicus brief.
4.5. Consideration of Appropriate Level for Briefing.
(a) Amicus briefs may be filed in any court, including a trial court, but the Committee shall take care to direct each brief to the level of court at which it is likely to have maximum effect in establishing the position that is to be advanced by the amicus brief; ordinarily it is to be expected that such maximum effect would be attained at the highest level of court at which the issue is to be finally determined.
(b) Amicus briefs may be filed urging the court to grant certiorari or to note probable jurisdiction.
5. MATTERS INVOLVING CONFLICT AMONG SECTIONS, COMMITTEES, OR OTHER CONSTITUENTS
The Committee may recommend the filing of two or more opposing amicus briefs on behalf of Sections, Committees, or other constituents of the CBA when (a) the subject is not of general interest to the CBA but is of interest to those constituents; (b) those constituents have opposing positions about the subject; (c) the filing of opposing amicus briefs will enhance the development of the issues and will assist the court in which the briefs are to be filed in understanding and resolving the issues; and (d) the filing of opposing briefs will not be detrimental to the interests of the CBA. It is likely that such filings will rarely be recommended by the Committee or approved by the Executive Council.
6. RECOMMENDATION FOR, OR DENIAL OF, BRIEFING
6.1. Committee Recommendation for Briefing. If the Committee determines that an
amicus brief should be filed on behalf of the CBA or any of its Sections, Committees, or other constituents, the Committee shall prepare a writing making such recommendation and shall deliver the writing to the Executive Director. The Executive Director shall put the recommendation before the
Executive Council in the appropriate manner for its timely approval or disapproval. The Committee may request the opportunity to make a presentation to the Executive Council regarding its recommendation, and the Committee shall participate in the Executive Council's consideration of the recommendation as the Executive Council may direct.
6.2. Consideration by the Board of Governors. Pursuant to the Bylaws, consideration of
whether the CBA or any of its Sections, Committees, or other Constituents should file an amicus brief may be referred to the Board of Governors. In the event of such a referral, the Committee may request the opportunity to make a presentation to the Board of Governors regarding its recommendation, and the Committee shall participate in the consideration of the request by the Board of Governors as the Executive Council or the Board of Governors may direct.
6.3. Committee Denial of Briefing. If the Committee determines that a request for an
amicus brief should not be filed on behalf of the CBA or any of its Sections, Committees, or other constituents, that denial need not be submitted to the Executive Council for approval or disapproval. If the Chair deems it appropriate, the Chair may communicate the fact of the denial, with such explanation as the Chair may choose to provide, to any person or persons associated with the request.
6.4. Reports of Denials of Briefing. The Committee shall report upon its denial of requests for amicus briefs in its annual reports to the Executive Director made pursuant to § 1.3(e).
7. CONTENT OF INTERNAL REQUESTS FOR AMICUS BRIEFS
7.1. Requests in Writing, Including by Electronic Means. Each internal request shall be in
writing, which may be in hardcopy or electronic form. Each internal request that is made in electronic form shall be delivered to the Executive Director by email or by such other means as the Executive Director may permit. Internal requests that are in electronic form shall be in files that are in "portable document format." To the extent feasible, the content of such files shall be text-searchable.
7.2. Content of Internal Request. Each internal request for an amicus brief shall contain
the following items, as appropriate:
(a) The identities of all of the parties to the controversy;
(b) A full statement of the relevant facts of the controversy or instruction directing the Committee to the places within the submitted materials where a statement or statements of those facts can be found;
(c) A statement of the position or positions the amicus brief will support;
(d) An outline of the argument or arguments to be made in the amicus brief, or a draft of the brief;
(e) If the amicus brief would further one or more core values or policies or positions known to have been previously adopted or promoted by the CBA, a statement identifying those values, policies, or positions, citing to known, prior expressions thereof by or on behalf of the CBA, and indicating how the brief would further them;
(f) If the amicus brief would further a value, policy, or principle of law which is not known to have been previously adopted or promoted by the CBA, a statement of that value, policy, or principle of law and of reasons why it should be adopted or promoted by the CBA;
(g) An explanation of the reasons why the subject of the amicus brief is an important one for CBA participation;
(h) A complete copy of the decision or order from which appeal is taken, with instruction directing the Committee to the portions thereof that are relevant to the subject of the amicus brief;
(i) A statement of the filing deadline for the amicus brief and a statement regarding extension of that deadline, if extension may be available;
(j) The style or caption of the case in which the amicus brief would be filed;
(k) The identification of the last court to render a decision in the case and of the court in which the amicus brief would be filed;
(l) A copy of each extant brief, or of the portions thereof that are relevant to the subject of the amicus brief; and, where entire copies of briefs are provided, instruction directing the Committee to the portions thereof that are relevant to the subject of the amicus brief;
(m) If the request is made by a Section, Committee, or other constituent of the CBA, a statement of the occasion on, and the method by, which the determination to make the request was made; a description of any dissenting views expressed in the determination process; and, if a vote or other measurement of the strength of approval and dissent to the determination to make the request was taken or made, a statement of that vote or other measurement.
(n) If the request is made by a CBA member, disclosure of all personal and professional interests of the member in the controversy or in the subject of the amicus brief, including because of engagement to provide legal services to a party to the controversy;
(o) If one or more lawyers have been identified as willing and able to write the amicus brief, their names and the identities of the law firms, law schools, or other entities at which they are employed; and their qualifications relevant to the writing of the brief; and, if no such writers have been identified, the steps that the requester expects to take to secure such writers;
(p) A list of the Sections, Committees, and other constituents of the CBA which are likely to be interested in the amicus brief; and, if it is known that the filing of the amicus brief, or the position to be taken in the amicus brief, is likely to be opposed by any other such Section, Committee, or constituent, a brief statement of the perceived reasons for such opposition.
8.THE BRIEFING PROCESS
8.1. Committee Does Not Write. It is not a function of the Committee to write amicus
briefs or to engage authors of amicus briefs.
8.2. Drafting; Quality. If the Executive Council has approved of the filing of an amicus brief, the Committee shall oversee the process of drafting the brief, with a view toward timeliness in light of applicable deadlines, and shall read and review the brief, suggesting or making desired modifications with a view toward achieving the best possible expression of the positions to be supported by the amicus brief and toward attaining the highest quality of scholarship, advocacy, and professionalism. In its activities, the Committee shall take into account the fact that the organizational reputation of the CBA will be at stake with every amicus brief filed under these Policies and Procedures, including amicus briefs filed on behalf of Sections, Committees or other CBA constituents and amicus briefs filed by opposing constituents.
8.3. Constituent Participation. If the Executive Council has approved of the filing of one
or more amicus briefs (including opposing briefs) on behalf of one or more Sections, Committees, or other CBA constituents, the Committee shall cooperate with those constituents in the drafting process, and no such brief shall be filed on behalf of any constituent unless both the Committee and the respective constituent are in agreement that, as drafted and revised, it should be filed; provided, however, that the inability of the Committee and any one constituent to reach such agreement shall not preclude the filing of any brief or briefs on behalf of any other constituents.
8.4. Timeliness and Compliance with Rules. The Committee shall assure that each amicus
brief that is submitted under these Policies and Procedures is timely under, and otherwise complies with all aspects of, the applicable rules and deadlines for such briefs.
8.5. No Submittal without Final Approval. No amicus brief shall be submitted in the name of the CBA or in the name of any Section, Committee, or other constituent of the CBA without final approval of the amicus brief by the Chair of the Committee or the Chair's designee for that purpose.
8.6. Signatures; Identification of Participants. Amicus briefs that are filed on behalf of the
CBA shall be signed on behalf of the CBA by the President or by the President's designee for that purpose. Amicus briefs that are filed on behalf of a Section, Committee, or other constituent of the CBA shall be signed on behalf of the constituent by an appropriate representative of the constituent. Where appropriate, an amicus brief may also identify any or all of those persons who served significantly in the drafting process.
8.7. Costs. The CBA shall pay no fee for the drafting or review of an amicus brief. The
costs of printing and filing an approved brief shall be borne by the CBA, except that those costs shall be allocated to the Sections, Committees, or other Constituents on behalf of which amicus briefs are filed.
8.8. Executive Director. The Executive Director shall participate appropriately in the
briefing process, and the Committee shall keep the Executive Director informed throughout the course of the drafting process and shall consider the comments and recommendations that the Executive Director may have about the brief or the briefing process.
9. ORAL ARGUMENT.
Leave of the court to participate in oral argument in connection with any amicus brief filed on behalf of the CBA or of any Section, Committee, or other CBA constituent shall be sought only with the prior approval of the Executive Committee on the recommendation of the Committee. If such approval is granted, and unless the Executive Committee determines otherwise, the Committee shall select the person or persons who are to participate in the oral argument. If the argument is to be on behalf of any Section, Committee, or other CBA constituent, the Committee shall consider the recommendations of participants, if any, provided to it by that Section, Committee, or other CBA constituent. It is likely that oral argument will rarely be recommended by the Committee or approved by the Executive Council.
10.RELATIONSHIP WITH REQUESTING PARTIES.
10.1. Confidentiality. Neither the CBA nor any Section, Committee, or other CBA constituent (including the Committee) shall make any undertaking of confidentiality to any person outside of the CBA regarding any aspect of an amicus brief or of the processing of an amicus brief under these Policies and Procedures - including, without limitation, regarding the fact that a request has been made, the facts of the controversy, or the position of any person with respect to the controversy. The Executive Council may impose confidentiality upon the briefing process within the CBA and its Sections, Committees, and other constituents as the Executive Council determines from time to time.
10.2. Joint Briefs. Ordinarily, the CBA will not join with other persons in amicus briefs, but the Committee may recommend joint briefing to the Executive Council in appropriate cases, and the Executive Council may approve of such briefing. No such approval shall be deemed to reduce the standards of quality that are to be attained by briefs filed on behalf of the CBA.
Melissa Nicoletti, Director
Rebecca Spence, Program Coordinator
Juliann Tricarico, Program Coordinator
Amy Sreenen, Program Coordinator
The CBA budget process is a 3-month journey that begins with the Joint Management Committee (JMC) in January and ends with the Board of Governors in May.
Phase I - Joint Management Committee
As a result of the unique relationship between the CBA and the DBA, shared office space and staff, there are expenses that are not easily allocable to either association. The role of the JMC is to determine the appropriate allocation of joint expenses between the associations. The two major expense items that are analyzed by the JMC are rent and salaries/benefits.
The JMC will meet with the CBA and DBA Budget Committees in September for an orientation on all existing programs and programs under consideration for next year. The CBA and DBA Budget Committees will then meet separately to evaluate their current programs, plan for next year and to make recommendations to the JMC as to staffing and facility needs. With the input from the Budget Committees, the JMC will finalize their part of the budget in December and January. The JMC is comprised of several Budget Committee members in order to ensure some continuity in the process.
Phase II - Budget Committee
The Budget Committee, which is comprised of officers and members at-large, is charged with presenting an entire budget to the Executive Council in March. The Budget Committee reviews all revenue line items and the remaining expense line items, including department budgets and committee budgets. The committee also makes recommendations with respect to the general fiscal policies and financial conditions of the CBA.
The Budget Committee will meet with the JMC in September for an orientation and update on current programs and future possibilities. The committee will meet in October and November to evaluate current programs and to plan for the future. Recommendations will be made to the JMC on staffing and facility needs. The Budget Committee will meet in February and March to finalize the budget. Committees will receive their budget request forms in December. The requests are due by February 1.
Phase III - Executive Council
The Budget Committee presents the budget to the Executive Council for approval in March. At this time, there may be specific policy or programmatic issues that are brought to the Executive Council for their review.
Phase IV - Board of Governors
The Budget Committee presents the budget that has been approved by the Executive Council to the Board of Governors for final approval and implementation. Generally, unless the board is required to approve a dues increase or some other major policy matter, there is no discussion of specific line items at this level.
The Role of the CBA President-Elect
One of the most important functions of the president-elect is participation on the Budget Committee. This gives the president-elect some input in gathering support for programs during his or her year and is a wonderful orientation on the functions and projects of the association.
1. The association will pay for coach airfare or the lowest fare available. Members are encouraged to purchase tickets in advance to take advantage of lower rates.
Executive Council/Committees/Board of Governors
1. Since the Executive Council meets 4-6 times a year and those meetings frequently do not coincide with Board of Governors meetings, travel (and hotel costs if necessary) are reimbursed for members who travel over 125 miles one way to the EC meeting. EC members will not be reimbursed if the council meeting is held at the same time as the Board of Governors meeting.
2. No reimbursement for members and/or committee chairs for travel to meetings.
3. No reimbursement for Board of Governors representatives. The Board of Governors' members represent the local bar associations and some local bars pay a portion of the costs of the representatives. If there is a change in the Board of Governors meeting policy, a change in the reimbursement policy can be considered at that time.
President and president-elect
1. Reimbursement for the president and the executive director, as well as their spouses, to attend the annual meeting of the ABA. Reimbursement for president-elect and executive director, as well as spouses, to attend the mid-year meeting of the ABA.
2. Reimbursement for president and the executive director, together with their spouses, to attend the Western States Bar Conference. Note: the president-elect does not attend this conference!
3. Reimbursement for president-elect and the executive director to attend the Bar Leadership Conference.
4. Reimbursement for the president and president-elect, as well as their spouses, to attend the Board of Governors meetings.
1. Reimbursement for vice-presidents, as well as their spouses, to attend local bar visits within their districts.
ABA REIMBURSES: No expenses are reimbursed.
CBA REIMBURSES: Registration fee, travel costs and $250.00 per diem for meals and lodging for each day the House of Delegates meets.
ABA REIMBURSES: Travel costs based on coach or economy rate and ground transportation. (Reimbursement requests are submitted to the ABA Policy Administration Office by using the form provided by the ABA.)
CBA REIMBURSES: $250.00 per diem for each day the House of Delegates meets. There is no registration fee for the mid-year meeting.
Additionally, each delegate makes his/her own hotel and air reservations through the ABA's ITS. Please utilize the ABA airfare discount program that accompanies the registration materials. Usually the fare quoted through the ABA discount will nearly equal a "Saturday night stay" rate.
Generally speaking, if the House meets Monday and Tuesday, the association reimburses for two days on the assumption delegates will spend Sunday and Monday nights at the site and head home Tuesday p.m. Certainly, if the House runs over, or you cannot get out on Tuesday, an additional day will be permitted.
YOUNG LAWYERS DIVISION: Reimbursement of travel costs and a per diem to cover food and lodging.
EXPENDITURE OF CBA FUNDS
All funds granted by the CBA to outside organizations or entities will be restricted to substantive, programmatic or like uses. No funds may be used for social events such as receptions, etc.
CBA COMMITTEE BUDGETS
1. Committees that need funds only for mailing notices and conference calls have a budget of zero as these expenses now come out of the General Committee Budget for all the committees.
2. Committees that have ongoing projects have been assigned budget based on last year. For new projects that come up during the year, you can request funds from the Committee Contingency Budget. These requests will be reviewed quickly so that you can start on your projects. Requests for less that a $1000 go to the Executive Director and those larger will go to the Executive Council. New projects that do not require additional funds must be approved by the Deputy Executive Director.
3. Committee funds are not to be used to provide free CLE programs. All CLE programs should be self-supporting by charging an appropriate fee.
4. Committee funds are not to be used to provide free lunches to committee members. Staff can assist in ordering lunches and those attending will be required to pay for their lunch.
5. Committee funds are not to be used to make donations to charitable activities or other organizations. Activities designed to be fund raisers can only give the charity the net after all expenses.
6. Staff is available to send out meeting notices and to assist in meeting setup and general coordination. Staff is not available to take minutes of the meetings, generate information for the website or handle other administrative tasks that can be divided up between committee members. If you put the people on your committee to work, your committee will have increased attendance and the committee will accomplish more during the year.
7. Sections have dues as their sole source of revenue and are not granted money in the budget process. The executive group or council of each section is responsible for their budget. Staff will provide sections with monthly financials and is available to assist in budgeting if the section requests help. Positive and negative balances carry forward to the next fiscal year.
BUDGET / EXPENSE PROCESS FOR SECTIONS
The CBA collects the revenues for the sections and maintains the section bank account. In order to receive a reimbursement from the account, a section officer needs to complete the section expense reimbursement form (attached) and send the form to the Director of Sections/Committees at the CBA office.
Checking and savings accounts may be maintained at one bank. Excess funds are invested in a managed fund account.
CO-MINGLING OF PERSONAL FUNDS WITH CBA FUNDS
No personal funds from individuals will be accepted for the purpose of co-mingling in association accounts.
COLORADO BAR ASSOCIATION
The objective of the CBA's investment program is to obtain the maximum possible return on surplus funds while assuring protection of invested assets.
Because the CBA is a non-profit organization, investments carry with them some degree of risk, not only as to the safety of the principal itself, but also with regard to the inflationary erosion which occurs from failure to achieve an adequate return on invested assets.
Investments must be made in such a way as to insure sufficient liquidity to meet operating and contingency expenses.
Types of Investments and Approval Process
The Colorado Bar Association staff and treasurer are permitted to invest short term cash surplus for up to one year without Executive Council approval in federal or state fully insured:
money market funds, or certificates of deposit at commercial banks or savings and loan institutions, or
money market funds that invest in government backed securities, or managed fund account, meeting above objectives.
Investments in equity securities (stocks and bonds) may be made only under a policy approved by the Executive Council.
Any investment for a period of over one (1) year may be made only if approved by the Executive Council.
Upon the recommendation of the treasurer, the Executive Council may hire the services of a professional investment advisor to assist with placement of investments.
The CBA staff and treasurer shall report on the status of all investments on a quarterly basis to the Executive Council and the Board of Governors semi-annually.
Colorado Bar Association
Local Bar Relations and Access to Justice Department
The Local Bar Relations and Access to Justice Department consists of three divisions: Local Bar Relations, Access to Justice and Family Violence Program.
Local Bar Relations
The department acts as a liaison between the CBA and local bars, including coordinating presidential visits; facilitating communication among local bar leadership and executive directors; serving as editor for Bar News in The Colorado Lawyer; and providing information about special projects, such as Law Day.
Access to Justice
The department staffs the Access to Justice Commission and its subcommittees (Courts, Local Access to Justice Support, Public Information, Resources, and Second Season of Service). The department facilitates communication among local access to justice committees, the ATJ Commission, and pro bono coordinators.
Family Violence Program
In September 1996, then president of the Colorado Bar Association, Miles Cortez, convened a task force, charging it with the responsibility of recommending to the Board of Governors how the CBA's "resources and incomparable public spirit can be most productively applied" to stem the epidemic of family violence. After eight months of study, the Task Force presented a proposal to the Board of Governors recommending the creation of a family violence program. The Board of Governors enthusiastically committed to the program in May 1997.
Current projects include: Domestic Violence Make It Your Business, Colorado Alliance for Cruelty Prevention, and Domestic Violence and Legal Issues (including revision of the Domestic Violence Benchbook).
Heather Folker, firstname.lastname@example.org
Alexa Drago, email@example.com
Jessica Volz, firstname.lastname@example.org
Kate Schuster, email@example.com
The CBA Communications and Marketing department is responsible for promoting CBA membership and events, upholding relations with the media, and the development and maintenance of benefits and services for the membership.
What we’d all like to see in the media are images of attorneys as problem-solvers and counselors, as defenders of the poor and injured, upholders of the right and righteous, giving and good, and totally necessary in the democratic scheme of things.
It doesn’t always work out that way.
In the Communications and Marketing Department, we try our best to keep a good relationship with members of the media, to suggest good stories, to head off unfair or incorrect publicity. We were told many years ago by a firm that did a study on attitudes toward the legal system that we shouldn’t try some “slick” campaign, but instead needed to emphasize a low-key, long-term policy of trustworthy information aimed at reporters and editors. We want to be the place reporters call when they need to talk to a lawyer and know that they’ll be put in touch with a knowledgeable attorney who will call them back quickly and speak in plain language about the subject at hand.
We don’t just wait for a call, however. When a topic becomes the focus of attention (lack of water, for instance), we call reporters and ask if we can put on a seminar for them, starring lawyers deeply experienced in that area. We e-mail reporters often, complimenting them on a story, adding a comment, or sometimes, offering a gentle correction.
We ask that you also hold reporters accountable for what they write. A study done in the wake of plagiarism and other ethical charges against two New York Times reporters showed that many people don’t take the trouble to call or e-mail in corrections because they don’t think reporters care. We think they do care. Would you please find out how to contact a reporter by e-mail (in Denver, use the first initial with a last name – i.e. firstname.lastname@example.org to contact Howard Pankratz or use the same style to contact anyone else at The Denver Post, including the editor on down). Please e-mail or call them when you see a mistake or believe that a story is unfair. Pass along a compliment even more quickly. Reporters are more careful when someone is watching. Please be that someone who watches.
If you are not comfortable contacting a journalist on your own, don't hesitate to contact us so we can follow up.
MEMBER E-NEWSLETTER: CBA C-brief is an electronic newsletter e-mailed to CBA members every other Thursday.
LAW SCHOOL FOR JOURNALISTS: The Colorado Bar Association, Our Courts Colorado and the Colorado Judicial Department have teamed up to create "Law School for Journalists," a series of classes designed to provide reporters with basic information about the legal system and the judiciary.
LEGAL LINES is a column sent out once a month to more than 100 Colorado newspapers. It’s a general interest column that takes practical questions from readers and it runs in newspapers across the state.
BAR NEWS. Bar News is a monthly compilation of news from the Colorado Bar Association, including Sections and Committees, Administration, and Local and Specialty Bar Associations, printed in The Colorado Lawyer. Send information and photos about these events and activities to Heather Folker at email@example.com.
NEWS RELEASES are sent to statewide media outlets on our new officers, CBA and member awards, mock trial competitions, etc.
One of the primary goals of the CBA is to promote improvements in the administration of justice and advancements in jurisprudence. The CBA's legislative program is a major part of its effort to satisfy this goal.
The CBA regularly takes positions on bills pending before the State legislature. The CBA publishes the e-Legislative report weekly during the legislative session, showing the current status of selected legislation and legal issues before the legislature. A legislative action report is also featured in The Colorado Lawyer, and a topical synopsis called the Legislative Update is published in the July and August issues of The Colorado Lawyer.
In order to appreciate the amount of effort expended on the CBA's legislative program it is necessary to realize that 700 or more bills and 500 resolutions are likely to be introduced in the Colorado House and Senate in a typical session of the General Assembly. A single bill may range in length from a simple one-paragraph amendment to a 200-page code revision.
Adding to the difficulty of monitoring legislation is the uncertain course it may follow. A bill may be introduced, rushed through committee hearings and onto the floor of the House or Senate and sent to the other chamber in a matter of days. Or it may be introduced, assigned to a committee and remain there for the balance of the session. The agenda for the committee hearings is often announced less than a week in advance, and sometimes interested parties are given only a few hours notice in which to prepare their testimony. Keeping track of the status of the volume of bills, some of which may be in an almost constant state of amendment, can in itself be a full-time job. The process of analyzing each bill in terms of its effect upon present law, public policy considerations, and its possible impact upon the administration of justice and the legal profession in Colorado add still other dimensions to the problem. For these reasons, the CBA employs a director of legislative relations to monitor the introduction and progress of bills of interest to the bar and to assist in making our voice more effective in the legislative process. This person prepares written and oral reports to the Board of Governors (Board) and Executive Council, listing both the statuses of bills upon which the CBA has already taken a position as well as recently introduced legislation of potential interest.
LEGISLATIVE POLICY COMMITTEE: MISSION STATEMENT
The “core values” of the legislative policy committee (LPC) are those values that the LPC should always consider when deciding whether to take a position on an issue. Those core values are:
Accuracy and Precision in Drafting
The LPC is not a drafting office, but should point out drafting errors and help improve the clarity of proposed legislation. The LPC may do so even when it disagrees with the substance of proposed legislation, although there may be times when the LPC refuses to help clarify a bill that the LPC considers fundamentally bad. The LPC must help ensure clarity in any legislation that it supports.
The Practice of Law
The LPC should generally get involved in legislation that affects the practice of law, the business of lawyering, the court system, and lawyers’ fees and lawyer-client relations.
The Wishes of the Membership
The LPC should, as much as possible, reflect the wishes of our constituents, i.e., the members of the CBA. To do this, the LPC should make sure:
- That CBA committees and sections are involved in the process as early and as consistently as possible;
- That relevant committees and sections review legislation before the LPC adopts a position;
- That the LPC provides information and feedback to committees and sections to help them in their duties; and
- That the LPC seeks input from members in other reasonable ways.
The Constitution of the United States and the State of Colorado
The LPC should generally get involved in legislation, referenda and initiatives that affect issues of constitutional dimension, including the doctrine of separation of powers.
Access to Justice
The LPC should generally support legislation that supports and improves access to the justice system by all persons.
Independence of the Judiciary
Believing that an independent judiciary is a fundamental component of our democracy, the LPC should generally support legislation that supports and improves the independence of the judiciary.
Believing that the right to a jury is a fundamental component of our justice system, the LPC should generally support legislation that supports and improves the right to a jury trial.
Since good relations with the legislature are critical aspects of any effort to influence legislation, the LPC must strive to maintain professional and harmonious relations with legislators and the legislature. The most important way the LPC can achieve this goal is by consistently providing accurate and objective information to the legislators and the legislature.
LPC OPERATIONS, GUIDELINES AND PROCEDURES
It is the function of the director of legislative relations to promote or oppose the passage of legislation previously reviewed by the Board, the Executive Council, or the Legislative Policy Committee.
The director of legislative relations is a registered lobbyist and vigorously advocates the CBA's position on proposed bills. The director monitors their status closely and the bar exercises every opportunity to testify on them. The director meets individually with legislators and with other interest groups that may be lobbying on these same bills. The CBA's ability to maintain an effective legislative program is directly dependent upon whether its members are willing to devote their time and effort to legislative analysis. Similarly, the credibility of the bar is proportional to the amount of expertise that the CBA is able to bring to bear on any given issue. The CBA's credibility also depends on the extent to which our views are perceived as not primarily self-serving, but as promoting the interests of both the legal profession and the public in improving the administration of justice and advancements in jurisprudence in this state.
BAR SPONSORED LEGISLATION
"Sponsorship" of legislation implies extensive study and review by the sections and committees of the CBA. The term also assumes that ultimate responsibility for the legislation rests with the CBA with regard to solicitation of legislators to carry the bill, scheduling of witnesses, and lobbying to ensure its passage.
The CBA will not "sponsor" any bill without debate and approval by the Board, the Executive Council, or the LPC. Legislation sponsored by the CBA should be fully and fairly debated, prioritized and approved by an informed Board, Executive Council or LPC before it can become a CBA-sponsored bill. Regarding the submission of proposed legislation to be considered by the Board, Executive Council, and LPC, committees and sections of the CBA will be governed by the following rules:
A bill that is a candidate for CBA sponsorship must be submitted in final form to the director of legislative relations no later than August 1 of the year preceding introduction into the legislature. In addition, a short summary of the intent of the legislation (what it will accomplish, what impact it will have in other substantive areas, supporting arguments) will serve to alert the Board, Executive Council or LPC to areas of potential controversy and to outline the preparatory work done on the bill.
Bills proposed for sponsorship will then be submitted to the Legislative Policy Committee ("LPC") prior to Board or Executive Council consideration. The deadline mentioned above may be waived by the LPC for good cause.
Each committee or section of the association which has submitted a bill to the Board, Executive Council, or LPC shall be represented by at least one of its members at both the LPC meeting and the Board or Executive Council meeting for the purpose of explaining the bill and answering questions.
"Final form" as used above means:
- Conflicts within the proposing committee or section concerning the bill have been resolved or identified.
- The committee or section, in accordance with that body’s internal legislative policy, has approved the proposal. In the absence of such a policy, a proposal from a section must receive a 2/3 vote of the section membership or council.
- The proposing committee or section has given full information on the bill to, and requested action from, any other sections, committees and third parties that may have an interest in the bill. The director of legislative relations can assist in this effort.
- The proposed bill has been drafted in a form that will comply with the requirements of the Colorado General Assembly.
LEGISLATION GENERATED OUTSIDE OF THE CBA
The LPC shall have the authority to direct the director of legislative relations to support or oppose any legislation not previously considered at a meeting of the Board or Executive Council, but such authority shall be exercised with reservation. The authority shall generally apply, however, to bills submitted to the legislature by outside parties not subject to these rules, and shall apply to bills of interest to the CBA that were not available for discussion at a prior Board or Executive Council meeting. The authority shall also apply to amendments submitted during the course of a legislative session to a bill on which the CBA has previously taken a position.
"Support" or “Oppose” implies a less extensive review process given the time constraints of the legislative process. It also assumes that affected sections and committees have been notified and given the opportunity to respond. The term implies CBA involvement that is limited to scheduling of witnesses and lobbying, but not to ultimate responsibility for the bill.
Bill Routing Procedures. When bills are made available from the legislature, they are reviewed for policy or legal impact on the CBA. The bills are then sorted and promptly faxed or e-mailed that same day to the affected sections and committees.
The substantive analysis of proposed legislation is primarily the responsibility of committees and sections. There are three positions which they may take in this analysis: active support or active opposition; a position of monitoring the bill; or no position if a bill is not sufficiently important to the Bar to warrant the taking of a public position.
In order to most effectively participate in the legislative process, the sections and committees must be prepared to respond to a bill as soon as possible. A safe guideline is to respond to the CBA with a position noted no later than 5 days after the day the section or committee receives it. If the section or committee does not respond, the office assumes that the section or committee is neutral on the bill.
Taking a Position. After a section or committee requests a CBA position, the bill is scheduled for discussion at the next Legislative Policy Committee meeting. The LPC generally meets weekly during a legislative session at the CBA offices to review these requests. Representatives of the section or committee are required to attend the meetings to inform the LPC as to the pros and cons of the proposed position and any opposition, either known or potential. The LPC will then review the proposed position and take a position. After the LPC authorizes a position, the director of legislative relations will then coordinate testimony and lobbying with the section chair and/or legislative liaison.
Aside from the positions of support or opposition discussed above, the committee or section may suggest an alternative approach or amendments to the bill in question.
With regard to legislation introduced by persons not subject to these legislative guidelines and procedures, the LPC may take any of the following courses of action, as appropriate:
- If the legislation is not the subject of conflict among two or more sections or committees and if one or more sections or committees have taken a position of support or opposition with respect to the legislation, the LPC may either:
- Adopt that position as the position of the CBA, or
- Take on behalf of the CBA no position on the legislation, or
- Oppose the legislation.
- If the legislation is the subject of conflict among two or more sections or committees, the LPC may:
- If possible, reconcile the divergent views.
- Adopt one of the conflicting views as the CBA position.
- If consideration of the legislation by the general assembly is likely to be more fully informed and complete if the divergent positions of the interested sections and committees are presented, permit the individual sections and committees to advocate their own positions in the legislature, as long as the positions advocated are not contrary to a declared policy of the CBA. In that event, the committee or section must make it clear that it is speaking only for itself, and not on behalf of the CBA.
In order to effectuate the intention of this paragraph, the director of legislative relations will endeavor to disseminate to all interested sections and committees the agendas for all LPC meetings to allow divergent positions to be heard.
Upon prior approval of the LPC and in strict conformance with these guidelines, individual sections may be permitted to contract with outside lobbyists at the expense of the section to work on CBA sponsored or supported bills from time to time as may be directed by the LPC. In no event shall a section be permitted to contract with an outside lobbyist without prior LPC approval of the contract and the subject matter to be addressed by the contract lobbyist. In addition, any such contract lobbyist shall work directly with the CBA's director of legislative relations to coordinate efforts and identify possible conflicts within the CBA. In no case shall a section be permitted to contract with a lobbyist to work on legislation not previously considered and approved by the CBA in conformance with these guidelines.
No section or committee may take a position on legislation unless authorized by the LPC.
THE LPC PROCESS
The mechanics of how the LPC operates must remain flexible, but the following guidelines should inform and guide the way the LPC conducts business:
The President of the CBA is the LPC chair and shall run the LPC meetings. The president-elect of the CBA is the vice-chair of the LPC and shall run the LPC meetings in the absence of the chair. The chair may designate a person to act as chair as needed. When the legislature is in session, meetings shall be held each Friday morning at 7:30 a.m. The chair may cancel such meetings when there is no LPC business.
Sources of Requests
Requests that the LPC adopt a position on legislation may come from a variety of sources, including CBA committees and sections, the director of legislative relations, LPC or CBA members, legislators, lobbyists and others. Generally, all requests should be funneled through the director of legislative relations.
Processing of Requests
In order to ensure that LPC members have adequate time to consider a request prior to the LPC meeting, all requests should be made to the director of legislative relations by noon on the Wednesday before the meeting. The director of legislative relations will then transmit these requests to the LPC members as soon as practicable. A spokesperson for the group making the request should be invited to attend the LPC meeting.
Communications with Sections and Committees
In order to ensure the best possible communication between the LPC and other CBA committees and sections, each committee and section should designate a legislative liaison(s). The LPC must also strive to alert committees and sections about legislation affecting their areas of interest, and to notify them of actions taken by the LPC and the status of the legislation in which the committee or section has shown an interest.
The LPC should make full use of e-mail and other electronic forms of communication to ensure that all needed information is distributed as quickly and efficiently as possible to all members. The director of legislative relations will ensure that the LPC members are kept current on the status of legislation in which the LPC has expressed an interest.
The LPC needs to remain active during the period between legislative sessions, as more and more legislative work is now taking place during this period. The inter-session meetings can better address overall process and ‘big picture’ issues as the LPC will not be faced with the press of deciding about pending legislation.
When the legislature is not in session, the LPC will meet monthly, generally on the second Friday of each month at 7:30 a.m. The chair may cancel such meetings if there is no LPC business to attend to. The chair will set the agenda for such meetings, but should be guided by the following goals:
- Addressing any legislation that has been brought to the attention of the LPC.
- Anticipating issues that are likely to arise in the next session and formulating a response.
- Monitoring the progress of, and seeking input into, the work of interim committees established by the legislature.
- Reviewing the procedures employed by the LPC to perform its function, in order to ensure that the best and most efficient procedures are being used.
- Engaging in a variety of contacts with legislators, including identifying CBA members who are appropriate contacts, facilitating meetings between legislators and constituents and between legislators and CBA members, and otherwise providing information to legislators.
- Reviewing the core values of the LPC and CBA to ensure that the core values continue to reflect what the LPC should be doing.
Agenda items that should be covered during the inter-session include:
June. Review the successes and failures of the preceding legislative session; discuss the factors that led to those successes and failures, and design ways to improve the success rate. Learning from our ‘losses’ is critical to improving our ability to affect legislation. Make note of those issues and bills that will likely recur in the next session in order to help prepare for that session.
July. This will be the first meeting for new members, and should include a training and information component so that new members understand how the LPC operates. Articulate the goals the LPC hopes to achieve before the next session. We should begin planning our efforts to educate legislators: “the Colorado justice system”.
August. The chair can exercise his or her authority and cancel this meeting unless there is some pressing issue.
September. Invite those legislators who may be most important to the CBA in the legislative process (e.g., the leadership and the members of the judiciary committees of both houses) so that good communications are established. (This may need to be deferred in election years.) Invite members of other organizations (such as the state court administrator’s office, the Colorado Trial Lawyers Association, the Colorado Defense Lawyers Association, the Colorado Criminal Defense Bar, the Colorado District Attorneys’ Association, etc.) who are also involved in legislative efforts that may be related to the efforts being made by the CBA.
October. Meet with those persons who have been designated the legislative liaisons of the various CBA committees and sections. The liaisons should be educated about LPC processes so that the process runs as smoothly as possible once the legislature is back in session. Legislative proposals from CBA sections and committees should be presented by this meeting.
November. In election years, this may be the meeting at which designated elected officials are invited. We may have some bills to begin considering as well. Planning for “the Colorado Justice System” should be complete.
December. By this time, we should have a good idea about a significant amount of the legislation that will be offered, and need to ensure that the various committees and sections have the information they need and are beginning the process of formulating recommendations. Absent good cause, legislative proposals from CBA sections and committees should be in final form by this meeting. “The Colorado Justice System” will generally be held this month, at least in election years, hopefully in coordination with the training now given to new legislators. In off years, it may be held earlier.
Grass Roots Lobbying
In order to communicate more effectively with the legislature as a state bar association, the CBA's goal is to implement a statewide "legislative contacts network." The nucleus of this network is the local bar associations. It is crucial to the success of the network for the local bar associations to participate.
- Initiate contact with local legislators, inviting them to bar association social events and meetings when appropriate.
- Increase contact with local bar members and communities to inform them of bar activities and volunteer programs that may benefit the state as well as the community.
- Inform the constituency of the legislators on legal issues so they can communicate with their legislators (this enables them to hear from the people who put them in office basically the same message as they hear from the CBA). Letters to the editor and guest editorials are good ways to do this.
- Improve the local bar’s relationship with the media. The public is often misinformed and has many misconceptions on legal controversies that occur in their community. Let the media know the facts so they can communicate fairly. Also, let them know about the good things the legal profession gets involved in. Take a reporter to lunch!
Legislative Contacts Network:
The CBA encourages local bar presidents to find out who has the ear of their local legislator. Most legislators have an attorney who they trust and will call for advice on legal issues. The CBA would like to know about this contact when we need help with a legislator or when a legislator needs special assistance.
Set up a committee for your local, county or district. Suggested members are the local bar president, a judge, a practicing attorney and any close personal friends or associates of the legislator. The charge of the committee is four-fold:
- Plan a social event for the legislators in the local area. The chairperson of the committee would coordinate with the CBA director of legislative relations for feedback, agenda information and requests for assistance.
- Hold a discussion with the legislators on their agenda for the upcoming session, whether the legislator may need help with drafting or additional support from the CBA, the CBA agenda, and their reactions to the CBA’s proposed legislation.
- Discuss the legislator's voting record on issues of concern to the CBA.
- Present an especially deserving legislator with a contribution that has been collected from personal donations of attorneys.
Taking Positions on Federal Legislation
No section or committee may take positions on federal legislation or issues unless the position has been approved as a Colorado Bar Association position. In order to become a CBA position, the LPC, the Executive Council or Board must approve the position. In emergency situations, the president, acting with the advice of the immediate past president and president-elect, may authorize a CBA position. Sections and committees may serve as a resource or provide technical information on either state or federal issues only if they have approval of the president or the executive director, and they make it clear that they are not advocating a CBA position
Testimony before Legislative Committees
Section and committee chairpersons or their representatives are often asked to represent a CBA position on legislation that has been approved by the LPC, Executive Council and/or the Board. The LPC recommends the following guidelines for testifiers:
- Do not testify on behalf of the CBA on any matter unless it has been arranged and cleared with the CBA's legislative director.
- If you are testifying at the Capitol as an attorney on behalf of a client or for other reasons, please specify to that legislative committee that you are not there representing a position of the CBA. If you don't, more often than not, you are perceived as representing the CBA.
- If you are testifying on behalf of the CBA, you should limit your testimony to CBA positions only. Do not express personal opinions or the positions of other organizations.
Be prepared to address the pros and cons of the issue. Do the necessary research so you can comment on both sides of the issue. It is important that CBA testifiers be viewed as reliable resources.
SUE BURCH LEGISLATIVE AWARD
The CBA awards committee may present the sue Burch legislative award in recognition of contributions to the CBA’s legislative efforts in written and oral advocacy.
Sue Burch was a CBA volunteer extraordinaire. Sue served on the legislative policy committee and political education committee for many years and offered her expertise in legislative matters. In 2000, sue lost her battle with cancer. In that same year the CBA honored her memory by creating an award to show its appreciation for all her hard work in the legislative arena. Sue was the first recipient of the award, which was given to her posthumously.
- The CBA awards committee shall determine the recipient of the Sue Burch legislative award
- The award shall be presented when the CBA awards committee deems that it is merited.
- All CBA members shall be eligible
Timetable for Selection Process
June 1 – Announce that nominations will be accepted thru July 31
- Nominations will be received by the CBA awards committee
- Send via CBA weekly e-mail – with nomination form
- Post nomination form on CBA website
- Publish in the Colorado Lawyer Bar news
- LPC may make recommendations to the CBA awards committee
August 1 – Close of nominations
October 1 - Selection of recipient
- Deciding entity has 2 months to consider nominees and determine winner
- Winner is notified
November – Board of governors meeting or other appropriate venue
The health and vitality of the organized bar is measured by the satisfaction of its membership. The Department of Membership Services is responsible for the recruitment and retention of members in the Colorado Bar Association.
To fulfill the function of recruitment and retention of members in the CBA, the department has identified several groups of attorneys and non-attorneys to target for membership. These include law students, newly-admitted attorneys, public counsel, corporate counsel, non-members, non-renewing members, minorities, and of course, current members. Several programs have been developed to work with these groups. Information on some of these programs can be found on the following pages.
In conjunction with the recruitment and retention functions, the department is also responsible for maintaining all membership records and statistics. This membership information is available to local bar associations, CLE providers, membership services providers and outside vendors upon request (see attached membership questionnaire form).
Annual departmental projects include the Swearing-In Ceremony, participation in local law school orientations, and the coordination of the annual dues billing process.
Classes of Membership
An active CBA member is any lawyer (1) who is licensed and in good standing to practice law in Colorado and (2) who either (A) is a member of an Affiliated Local Bar Association or (B) is not a resident of Colorado. Each active CBA member shall enjoy all of the rights and privileges of CBA membership including the right to vote and to hold office.
A life CBA member is a lawyer (1) who has been licensed to practice in Colorado or in any one or more other states for at least 50 years cumulatively, (2) who either (A) is licensed and in good standing to practice law in Colorado or another state, (B) is in good standing in Colorado or another state as a licensed lawyer on inactive status, or (C) is not licensed and in good standing in Colorado or in any other state but was, when last licensed as a lawyer, in good standing as such in all states where licensed and was not thereafter suspended or disbarred in any state, and (3) who has been a CBA member for the most recent 10 years. Each life CBA member shall be exempt from the payment of CBA dues. Each life CBA member who is licensed and in good standing to practice law in Colorado shall enjoy all of the rights and privileges of CBA membership, and each life CBA member who is not licensed and in good standing in Colorado shall enjoy all the rights and privileges of CBA membership except the right to hold office or to vote.
An honorary member is a distinguished lawyer who is elected to honorary membership by a two-thirds vote of the Board of Governors. Honorary members shall have such privileges as may be specifically granted to them by the Board of Governors and shall be exempt from the payment of dues.
A student member is any student of an accredited law school. Student members shall enjoy such of the rights and privileges of active members as may be specified by the Board of Governors, except that they shall not have the right to hold office or to vote.
A resident CBA member is a lawyer (1) who is licensed and in good standing to practice law in a state other than Colorado but who is not licensed to practice law in Colorado, (2) who resides in Colorado, and (3) who is a member of an Affiliated Local Bar Association. Each resident CBA member shall pay the same CBA dues as are required of active CBA members and shall enjoy all of the rights and privileges of CBA membership except the right to hold office or to vote.
A retired member is a lawyer who is 65 years of age or older and who is not actively engaged in full time law practice. Retired members shall be entitled to vote but not to hold office and shall pay such reduced annual dues as is fixed by the Board of Governors.
An associate member is a non-lawyer whose primary occupation is directly involved in assisting attorneys on a regular basis in the delivery of legal services. Associate members shall be limited to paralegals, legal assistants, law office administrators, legal secretaries, court personnel, and bar association staff. All associate members will be required to have an attorney member sponsor their annual renewal and certify the non-lawyer is directly involved in assisting attorneys on a regular basis in the delivery of legal services. Associate members shall pay dues as fixed by the Board of Governors and shall enjoy all CBA rights and privileges except the right to vote or to hold office.
An inactive member is any lawyer who is on inactive status with the Colorado Supreme Court. Inactive members shall be exempt from joining a local bar association, and shall pay dues as fixed by the Board of Governors. Inactive members shall enjoy all CBA rights and privileges except the right to vote or to hold office.
Senior (licensed 8+ years in any jurisdiction) —$230
Intermediate (4-7 years) — $210
Junior (1-3 years) — $100
Retired (minimum age 65) — $120
Inactive (an attorney who is on inactive status with the Colorado Supreme Court) — $120
Local Bar Affilliate Required
All attorney members living within the state of Colorado must belong to at least one of the CBA’s 27 affiliated local bar associations to gain membership into the Colorado Bar Association. The only exceptions for attorney members are in cases where the member is on inactive status with the CBA, or living out-of-state. This policy does not apply to associate members.
Local Bar Association Dues
1st Judicial District Senior (4+ years) – $110
1st Judicial District Junior (1-3 years) – $60
1st Judicial District
New (0-4 years) – FREE
1st Judicial District Retired – $15
7th Judicial District – $55
9th Judicial District – $60
13th Judicial District – $35
13th Judicial District Inactive or Retired (age 70+) – $15
16th Judicial District – $35
Adams/Broomfield – $110
Adams/Broomfield Retired/Inactive – $35
Arapahoe Senior (4+ years) – $130
Arapahoe Junior (1-3 years) – $80
Arapahoe Government Employee – $115
Arapahoe Retired over 70 or Inactive – $50
Aurora Senior (4+ years) – $60
Aurora Intermediate (licensed 4-7 years) – $35
Aurora Junior (1-3 years) – $25
Aurora Retired / Inactive – $30
Boulder Senior (4+ years)* – $160*
Boulder Junior (1-3 years) – $100
Boulder Retired – $25
Continental Divide – $80
Delta** – $125
Denver Senior (8+ years) – $170
Denver Intermediate (4-7 years) – $155
Denver Junior (1-3 years) – $115
Denver Gov't Emp Sr (8+ years) – $140
Denver Gov't Emp Int (4-7 years) – $110
Denver Gov't Emp Jr (1-3 years) – $80
Denver Retired (minimum age 65) – $95+
Denver Inactive (inactive license) – $95
Denver Judges/Magistrates – FREE
Douglas/Elbert – $70
Douglas/Elbert Retired – $20
El Paso Senior (8+ years) – $170
El Paso Intermediate (4-7 years) – $145
El Paso Junior (1-3 years) – $100
El Paso Government Employee – $125
El Paso Inactive – $50
Four Corners – $150
Fremont/Custer – $30
Heart of the Rockies – $25
Larimer – $100
Mesa – $70
Northwest Colorado Senior (4+ years) – $65.00*
Northwest Colorado Junior (1-3 years) – $35.00
Northwest Colorado Retired/Inactive – $15
Pitkin – $85
Pueblo – $75
San Luis Valley – $75
Southeast Colorado – $25
Southern Colorado – $20
Southwestern Colorado Senior (4+ years) – $80
Southwestern Colorado Junior (1-3 years) – $60
Weld Senior (4+ years) – $125
Weld Junior (1 - 3 years) – $50
Weld New (0 -1 year) – FREE
Colorado Bar Association New Admittee Program
Twice each year (usually May and October) the CBA, along with the Colorado Supreme Court, the University of Colorado School of Law and the University of Denver College of Law, sponsor the Swearing-In Ceremony for newly admitted attorneys.
CBA membership materials are distributed to each of the new lawyers at the Swearing-In Ceremony. Each new admittee is offered a free 6-month membership in the Colorado Bar Association. Most local bar associations also offer a complimentary, introductory membership. Any local bar associations wishing to offer this free membership to new admittees may do so by contacting the CBA Membership Services Department.
A local bar association may offer a free 6-month introductory membership by completing the membership questionnaire form located in this section. The Swearing-In Ceremony is traditionally held in October and May of each year.
The CBA Department of Law Practice Management/Risk Management is dedicated to providing CBA members with information about the business of practicing law. Whether you have questions about starting a law practice, affordable legal research, hiring and keeping good staff, trust account management, legal-specific software, malpractice insurance information, etc., feel free to call Reba Nance for help.
The CBA is pleased to offer Casemaker, our online legal research library. Casemaker is available to all CBA members as a member benefit at no additional cost and includes: case law and statutes for all states; state and federal court rules; The Colorado Lawyersince inception; Colorado worker's compensation, ICAP decisions and Attorney General opinions. Additionally, Casemaker offers an extensive library of Federal materials. The CBA provides a Casemaker Hotline for its members which is staffed by the LPM Department. Members take full advantage of the Hotline by calling the LPM Department with specific questions about Casemaker. The Department also provides CLE-accredited training for Casemaker, as well as presentations to local bars and other groups regarding Casemaker.
The LPM Department also has information regarding other legal research providers (including Westlaw and Lexis), as well as Internet sites for legal research.
LAW PRACTICE MANAGEMENT HOTLINE
As an additional member benefit, the LPM Department operates a law practice management hotline during regular business hours. Call the hotline for information on a variety of law practice management issues, including technology, time and billing, collections, office equipment selection, human resources, marketing, records management and retention, among other topics.
TRAINING IN THE LATEST TECHNOLOGY
The LPM Department sponsors CLE-accredited training in a myriad of legal-specific technology. The Department offers free training for state district court and county court e-filing (LexisNexis™ File & Serve) to all Colorado attorneys and their support staff. We also offer low cost CLE-accredited training for attorneys and support staff for Microsoft Office applications and many legal-specific software applications through our Training Partners. CBA members and their support staff receive substantial discounts. As a service to CBA members, the Department also provides CBA members with a list of companies/vendors who distribute law-related software.
To further meet the needs of our members, the Department of Law Practice Management works with the American Bar Association to offer a discount off the regular ABA non-member price of all ABA books, not just practice management titles. These publications are available to all CBA members at the special discounted rate of 15% off.
The Law Practice Management Department has established a Lending Library available to all CBA members. The Department keeps in the Lending Library over 100 titles, including top-selling books from the American Bar Association, on a variety of law practice management, technology, marketing, finance, and practice-specific topics. The Lending Library also carries over 20 videos for client education and staff training. All publications and videos available through the Lending Library are listed on the Bar Association website. Materials can be loaned and returned via U.S. mail (member is responsible for return shipping), or may be picked up at the CBA offices at no cost. This is an excellent benefit for members around the state.
STARTING A LAW PRACTICE
The CBA Law Practice Management Department has extensive information on opening your own law practice and has posted a large quantity of resources on the LPM Department web pages.
The department puts on regular technology, Internet, and law practice management seminars covering the basics members need to know to use technology and the Internet in their practice. Possible seminars include How to Open Your Own Law Office, Ethics of Office Sharing, Trust Account Management, How to Hire and Keep Good Staff, Using the Internet in Your Practice, Malpractice Prevention, etc. Call Reba Nance for a complete list of topics. The department also works with local bar associations statewide to bring these seminars to outlying areas.
LAW PRACTICE MANAGEMENT RESOURCES
In addition to the activities of the Department mentioned above, the Department maintains the Law Practice Management portion of the CBA website, where the majority of the Department's resources are posted. The department website includes articles and links to information regarding Practice Management, Finance, Marketing, Technology, and much more. The Law Practice Management Department also serves as a liaison for the members of the Lawyers Professional Liability and Paralegal Committees, and the Solo/Small Firm Section.
The Public Legal Education Department and the Public Legal Education Committee work together and with local bar associations to provide the community with information, education and assistance in the understanding and use of the legal process, enhance public trust in the legal profession, give direction, and provide opportunities for members to participate in and coordinate these efforts with other community organizations.
ADULT EDUCATION PROGRAM
Our Courts Colorado
Our Courts is a joint activity of the Colorado Judicial Institute and the Colorado Bar Association that provides nonpartisan information programs to adult audiences around the state to further public knowledge and understanding of the state and federal courts in Colorado.
Our Courts presentations address the role of fair and impartial courts in applying and preserving the rule of law. All programs are free of charge.
“Divorce in Colorado Courts” This presentation covers how divorce cases proceed in Colorado Courts. Specifically, it explores the differing interest at stake, the issues that need to be addressed in a typical divorce case, the different ways in which divorce cases are resolved, and the ongoing role of the court in divorce cases in Colorado.
“An Economic Fresh Start- Bankruptcy Basics” This presentation discusses how bankruptcy cases work. Specifically, it describes the history of bankruptcy and how it has evolved into the present system, the different kinds of bankruptcy cases that can be filed, and the basic components of an individual bankruptcy case.
"See You In Court: The Life of a Civil Lawsuit" This presentation discusses the purposes of civil lawsuits, a party’s rights and remedies in such lawsuits, how such lawsuits are commenced and how they proceed, what really happens at trial, and the roles of the judge, the jury, and the lawyers in these proceedings.
"Law & Order: The Life of a Criminal Case" This presentation discusses the roles of the judge, the jury, the prosecution, and the defense in a criminal case, how criminal cases are brought and how they proceed, the setting of bail, the plea bargaining process, what really happens in a criminal trial, and how judges determine the appropriate sentences after a conviction
"Lincoln’s Legacy of Equality & Liberty" To commemorate the 200th anniversary of Abraham Lincoln’s birth, Our Courtsspeakers are available to make a 25-minute presentation that uses Lincoln’s own words and the words of those who knew him to explain how Lincoln’s commitment to the principles of equality and liberty transformed our nation.
“Introducción a los Tribunales de Inmigracción” This Spanish language presentation provides an introduction to the United States Immigration Courts, discussing how proceedings are commenced and conducted in those courts, the nature of these proceedings, a party’s rights and remedies, appeal rights, and the roles of the judge, lawyers, parties, and interpreters.
Our Courts presentations and presenters take no position regarding any court case, legislation, ballot issue, or proposed change to the court system.
Our Courts actively reach out to potential audiences through:
- Community leadership programs
- Business and economic development associations
- Professional and trade associations
- Service organizations
- Community colleges, undergraduate and graduate schools, and vocational schools
- Other community organizations
Schools may call the CBA to request attorneys for special speaking engagements. These requests are for various legal topics and general career awareness in the law. Presentation ideas are available for volunteers through the Public Legal Education Department.
Colorado High School Mock Trial Program
The Public Legal Education Committee sponsors the Colorado High School Mock Trial Competition. Each year 60 schools (and over 105 teams) in Colorado participate in regional tournaments to advance to compete at the state tournament in March. The state champion subsequently competes at the National High School Mock Trial Championships. Many volunteer attorneys and judges assist by coaching, presiding over and scoring the students during this hands-on experience. Click here for this programs website and more information abou the program.
The Department of Public Legal Education has models for legal call-a-lawyer programs. Volunteer attorneys field legal questions over a broad spectrum of the law, providing general legal information, options and agency referrals. Local bar associations may consider a monthly call-in program or perhaps one related to an annual event, e.g., Law Day (May 1).
SMALL CLAIMS HANDBOOK
This summary procedural handbook is provided by the Judicial Branch for distribution to all Small Claims Courts in Colorado. It is also provided to all participants in Small Claims Clinics and Collections Clinics. The handbook includes the salient information needed to file, document, and support a claim as well as how to present both sides of the case.
PUBLIC LEGAL EDUCATION MATERIALS
The Public Legal Education Department houses a reference library of law-related and educational materials that are available to the public. These include: videos and printed materials, classroom lesson plans (constitutional studies, practical law for teens, Street Law in Colorado, etc.) and in-class mock trial scripts.
BROCHURES on an array of subjects are produced in this office by various sections and committees to help take the confusion and fear out of legal transactions. Some of those are “So Now You Are a Guardian,” “So Now Your Are a Conservator,” and “What To Do When Someone Dies.” To order any for your office, call (303) 860-1115 or (800) 332-6736 and ask for the brochure line.
Colorado Lawyers for Colorado Veterans
The Colorado Bar Association and the CBA Young Lawyers Division, in cooperation with a number of local bar associations, will be offering free legal clinics for veterans across Colorado.MEET WITH AN ATTORNEY FREE OF CHARGE and get information on topics such as Veterans resources, benefits, taxes, housing and family law. The clinics assist in understanding the legal processes and forms. Click here to find a list of clinics in your area.
The CBA Department of Internet and Technology works hard to provide the CBA members with a high-quality and useful website. Our department also maintains and updates the computer hardware and software needed at our office. Mel Reveles, the department director, also provides the membership with informative seminars on Internet and technology issues.
Over the last seven years we have created and maintained an informative and useful website to provide our members with an immediate link to the happenings at the bar. We built a system for the site by which appointed individual members may update the site without knowledge of html. Using this system, our site is now updated daily by many different members of the association--keeping our information current and useful. We are grateful for the time and effort put in by these volunteers.
The Colorado Lawyer (TCL or journal) is the official publication of the Colorado Bar Association (CBA). TCL is published monthly and is provided as a benefit of membership to the CBA. Subscriptions are available to nonlawyers; out-of-state residents who are not registered as active attorneys in Colorado; non-law-firm companies and agencies, including state and federal government agencies; and public and law firm libraries.
Current issues of TCL are available to members on the CBA website, www.cobar.org/tcl. Members also can access TCL articles from November 1971 to date from the Casemaker library.
TCL serves as an informational and educational resource to improve the practice of law. The journal’s content focuses on the practical and informational, rather than the philosophical or academic. Authors are members of the legal profession—attorneys, law professors, and judges (members and non-CBA members); however, articles by nonlawyers are accepted for consideration on topics such as law practice management and technology as it may relate to the law practice. TCL content also informs CBA members of bar projects, events, and programs, and provides information of interest to attorneys supplied by the courts and law-related organizations. Summaries of published appellate opinions are printed in the journal. Published appellate opinions are available free to CBA members on announcement date on the CBA website at www.cobar.org/ors.cfm; through the Casemaker online law library at www.cobar.org; and through the CBA e-slips listserv subscription at www.cobar.org/listsignup.cfm. TCL is available to members on the CBA website, www.cobar.org/tcl since 1997. Members also can access TCL articles from November 1971 from the Casemaker library at www.cobar.org.
In and Around the Bar: Articles in this section generally are informational in nature and frequently cover topics specifically related to the CBA, including administration, legislation, and committees and sections programs and projects. The CBA President’s Message appears in this section, as well as write-ups about local bar association programs, projects, and services; articles on special rule change proposals or programs generated by the courts; CBA Formal Ethic Opinions; reports from CBA Sections and Committees and Minutes from CBA Board of Governors meetings; and annual reports from the CBA, Legal Aid Foundation, Colorado Trust Account Foundation, and Colorado Commission on Judicial Discipline.
Bar News and The SideBar: In and Around the Bar also includes “Bar News” and “The SideBar” sections. The information in these pages is provided by CBA committees and sections; local, specialty, and minority bars; law-related organizations around the state; and individual members. CBA members are encouraged to send information about events and honorifics for inclusion in Bar News—short items about CBA sections, committees, administration, and local and minority/specialty bar association events and projects, as well as bar-sponsored legislation. In-house contact for Bar News is Jessica Volz (firstname.lastname@example.org). The SideBar spotlights recent activities and special events around the Bar. It may be a short profile of exemplary CBA members or may recount lawyer activities outside the practice of law. In-house contact for The SideBar is Susie Klein (email@example.com).
Articles: These are substantive legal articles written for attorneys and focus on specific areas of law. Legal articles in the journal are in the following specialties: Alternative Dispute Resolution; Animal Law; Business Law; The Civil Litigator, Construction Law; Criminal Law; Elder Law; Evidence; Family Law; Government Law; Health Law; Immigration Law; Intellectual Property Law; Juvenile Law; Labor and Employment Law; Natural Resources and Environmental Law, including Natural Resources and Energy Law, Environmental Law, and Water Law; Marijuana Law; Professional Conduct and Legal Ethics; Real Estate Law; Tax Law; Tort and Insurance Law; Trust and Estate Law; and Workers’ Compensation Law. Other specialty areas of law not listed here are welcomed and are given equal consideration. Articles generally are technical and detailed (but are not of a law review nature), and provide an overview of a practice area, introduce new law, or discuss issues of interest about existing law. These articles are reviewed by volunteer Coordinating Editors who specialize in the relevant areas of law. A list of Coordinating Editors of substantive legal articles is printed in each issue opposite the first legal article and available online at www.cobar.org/index.cfm/ID/20522. In-house contact for substantive legal articles is Jodi Jennings (firstname.lastname@example.org). Writing guidelines for substantive law articles are available online.
Departments:TCL Department articles generally have a practical orientation, providing helpful practice tips for members of the legal profession. They also may be updates, reports, and overviews of CBA departments or committees, legal profession, and court-related programs and services. Department titles or categories may include: Access to Justice; CBA/DBA Professionalism Coordinating Councils; From Our Readers (letters to the authors and editors); Judges' Corner; Law Practice Management; Legal Malpractice Prevention (Whoops); Legal Research Corner; Local Bar Relations; Point/Counterpoint; Reviews of Legal Resources (book reviews and review of law-related software); and Young Lawyers Division. Other areas not listed here are welcomed and are given equal consideration. Many department articles are published on a regular, rotating schedule. A list of Coordinating Editors is printed in each issue opposite the first Department article and available online. In-house contact for Department articles is Susie Klein (email@example.com). Writing guidelines for department articles are available online.
Columns:TCL currently prints three columns on rotating bases. Columns are written by the same author on topics of the authors’ choosing. The columns are: Appellate Practice, by Marcy Glenn, Christina Gomez, and Stephen Masciocchi; Historical Perspectives, by Frank Gibbard; and Modern Legal Writing — Etymology, by Bill C. Berger. In-house contact for columns is Susie Klein (firstname.lastname@example.org).
Court-Related Material: The “Court Business” section includes information from the courts, such as notice of hearings regarding proposed rule changes, new and changed rules, orders, forms, standards, and regulations, as well as Chief Justice and Chief Judge Directives. TCL prints summaries of published state appellate court opinions, along with a list of opinions not selected for publication, petitions for rehearing, and petitions for certiorari. Other court-related material includes summaries of opinions of the Tenth Circuit Court of Appeals, summaries and full-text opinions of the Supreme Court’s Presiding Disciplinary Judge (regarding attorney discipline), and summaries of diversion agreements and private admonitions from the Office of Attorney Regulation. Full state court appellate opinions are not printed in the journal. Published opinions are available free to CBA members on announcement date on the CBA website at www.cobar.org/ors.cfm; through the Casemaker online law library at www.cobar.org; and through the CBA e-slips listserv subscription at www.cobar.org/listsignup.cfm. In-house contact for court-related matters is Susie Klein (email@example.com).
Calendar of Events and Notices of Interest:TCL includes Calendar of Events items and notices about events, programs, and general items of interest to members of the legal profession around the state. The latter are referred to as “filler” notices and appear throughout the journal where space is available. In-house contact for Calendar of Events and filler notices is Susie Klein (firstname.lastname@example.org).
ARTICLE PREPARATION GUIDELINES
For detailed contact and other information, go to the CBA website at www.cobar.org/tcl, then click on “How to Write for The Colorado Lawyer.” Manuscripts may be e-mailed to: Susie Klein (email@example.com) or Jodi Jennings (firstname.lastname@example.org).
Articles: Legal articles may be e-mailed to the Coordinating Editors, listed on the title page of each article, or to Jodi Jennings (email@example.com). (A complete list of coordinating editors is printed in each issue opposite the first legal article.) Articles must include contact information for all authors. Legal articles generally are between 4,500 and 6,000 words, including citations. Subheadings are encouraged. Citations should appear as endnotes and checked in advance of submission. (Each author is responsible for the accuracy of all citations; in-house editors do not cite-check references.) Volunteer attorneys who are considered experts in specific areas of law review the material for legal accuracy. TCL staff edits article content to conform to TCL policy, style and writing guidelines, format, and standards. Manuscripts are submitted with the understanding they will be edited. All authors see final drafts before publication.
Department Articles: Department articles may be e-mailed to the Coordinating Editors, listed on the title page of these articles. (A complete list of coordinating editors and their contact information is printed in each issue opposite the first department article.) Department articles generally should be between 3,000 and 4,000 words, unless arrangements have been made with the Coordinating Editor or TCL managing editor. Subheadings are encouraged and citations should be in the form of endnotes. Each author is responsible for the accuracy of all citations—the editorial staff does not check citations. Department articles are reviewed for legal accuracy by the Department’s Coordinating Editors, who are either lawyers or experts in the relevant specialty. The editorial staff edits article content to conform to TCL policy, style, and journal standards. All authors see final drafts before publication. If an article is prepared by a CBA member and under the auspices of a Bar committee or section, approval of the copy by the committee or section should be obtained before submission. Questions can be directed to the Department’s Coordinating Editor or to Susie Klein (firstname.lastname@example.org).
DEADLINES AND ARTICLE SUBMISSION POLICIES
Overall Policies: Manuscripts of articles submitted for publication are reviewed for accuracy by coordinating editors or other specialists in the field of practice. Articles may be subject to approval by a member of TCL’s Board. All manuscripts are edited by TCL staff for consistency of style, grammar, organization, tone, and readability. No one should submit a manuscript unless he or she is willing to have it edited. Every effort is made to confer with the author on all major changes before publication. Authors are provided edited versions of the manuscript for their review before publication.
Articles: Legal articles should be on topics of substantive law, with a practical orientation. The main purpose is to inform and educate. It is assumed that the material submitted by an author is an original work and infringes on no copyright or any other right of another author. The Coordinating Editor in the appropriate area of law reviews a manuscript, determines its suitability for publication in TCL, and submits the manuscript for scheduling. Generally, the Coordinating Editor requests submission of articles at least ten weeks prior to publication; however, deadlines and actual scheduling vary. Topic ideas for articles should be discussed with a Coordinating Editor before writing. Unsolicited articles should be submitted to the Coordinating Editor in the pertinent area of law, along with author contact information and a statement that the article is submitted for review for that particular area of law. If time is of the essence, the Coordinating Editor should be apprised of that fact. After an article is reviewed and approved by the Coordinating Editor, a publication date is scheduled. The article is then sent to TCL legal editor Jodi Jennings (email@example.com). Contact information for each Coordinating Editor appears on the article’s title page. A list of Coordinating Editors is printed in each issue on the opposite page from the first legal article and also can be found on the CBA website at www.cobar.org/tcl (click on “How to Write for The Colorado Lawyer”).
Department Articles: Department material on special projects, programs, or other nonsubstantive law topics must be approved and coordinated by the Department Coordinating Editor or the journal’s managing editor, as appropriate. The deadline for department articles is typically six weeks before publication. A list of Coordinating Editors is printed in each issue on the opposite page from the first legal article.
Notices of Events, Meetings, and Member Awards: This type of material is accepted any time throughout the production schedule, although the latest date for publication in the next available issue is the first of the month before publication. Staff contact is Jessica Volz (firstname.lastname@example.org). This material is published on a space-available basis and may be edited or rewritten to fit the space available. The editorial staff attempts to honor space and position requests.
Lawyers' Announcements: The Lawyers’ Announcements section is reserved to announce the following: new members of a law firm or legal department; name changes of a law firm; formation, merger, or new affiliation of law practices; relocation of a law practice; change in job status or retirement of attorneys; and notices of professional appointments, honors, awards, or the death of a member of the profession. Lawyers’ announcements are paid announcements and are prepaid by check or credit card. Text or camera-ready copy and payment are due the last Monday of the month, six week prior to publication. Photographs are accepted in the “Lawyers’ Announcements” section in all sizes. Announcement text cannot be dictated by telephone and journal staff are not responsible for designing announcements beyond a pre-established standard layout. Submissions will be accepted by fax or e-mail when payment has been made. In-house contact for Lawyers’ Announcements is Gaynor Bloom (email@example.com) or (303) 824-5360.
Display Advertising: Display Advertisements are coordinated by Matthew Thomasson (firstname.lastname@example.org), (214) 291-3656. Display ads must be camera-ready. Deadline for display ads is six weeks prior to publication. Advertisers must provide a high-resolution digital copy of the ad, plus a hard copy (printout) of the ad, along with a signed contract and initial payment.
CONTINUING LEGAL EDUCATION IN COLORADO, INC., is the nonprofit corporation organized to serve as the educational arm of the Colorado Bar Association and the Denver Bar Association, and is exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code. CLECI offers a full range of educational services, including live programs, audio and videotapes, and publications.
CLECI's mission is to educate, improve and continually develop the professional competency and capabilities of all members of the Colorado legal profession and other interested parties, while being financially self-sustaining.
Each year, over one thousand of Colorado lawyers and judges volunteer their time and expertise as speakers, authors, editors and advisors to help CLECI fulfill its mission to serve the needs of the Colorado legal community. Without the dedicated support of the thousands of Colorado lawyers and judges who have generously donated their time and expertise as authors, editors, speakers and advisors over the years, CLECI would be unable to fulfill its mission.
CLECI is financially self-sustaining. Revenues are derived from course tuition, sales of publications, audio and video courses, and web based training. These revenues are, in turn, used for additional course and book development. CLE in Colorado, Inc. is committed to provide educational opportunities in all fields of law, rather than focus exclusively on the profitable topics. Profit-generating projects sustain projects that cannot be self-supporting. CLECI's goal is to meet expenses for overall operations while implementing as many cost-saving measures as possible, consistent with maintaining program quality.
The DBA, CBA, their sections and committees, co-sponsor many of their programs with CLECI.
The body that oversees the process of accrediting continuing legal education programs for CLE credit, and keeping track of CLE credit for all licensed Colorado attorneys, is the Supreme Court Board of Continuing Legal and Judicial Education. The Supreme Court Board is located at 600 17th Street, Suite #520-S, Denver, Colorado 80202, telephone (303) 866-6500.
SCOPE OF SERVICES
LIVE PROGRAMS: CLECI presents approximately 100 live programs each year. Many of the programs are planned and cosponsored by the various substantive sections and committees of the Colorado and Denver Bar Association. The length of the live program varies, from one-half day programs to multi-day annual symposia/institutes.
VIDEO REPLAYS: Most of the live programs are recorded for replay at locations around the state. Video replay registrations include a copy of the course manual.
AUDIO RECORDINGS: Most of the live programs presented are also available for sale on audio CD's along with the course manual. Attorneys may claim CLE credit for listening to the audio CD's under the homestudy provision of CRCP 260.
COURSE MANUALS: Course manuals from live programs are available for purchase after the live program.
WEB-BASED TRAINING: CLECI is now offering on-line web-casting of some live programs. Internet based information delivery continues to be a priority for CLECI to serve the members of the association. Developments in web delivery improve continuously.
PUBLICATIONS: CLECI publishes a series of deskbooks and handbooks in different practice areas for Colorado practitioners. Topical areas include litigation, ethics, estate planning, real property, business law, domestic relations, criminal, and employment. Publications are kept current by supplements, as needed. CLE in Colorado also publishes the Annual Survey of Colorado Law, a reference work that includes all major developments -- case law, legislation and administrative developments -- in 30 areas of the law.
PRO BONO TRAINING: The CLECI Board of Directors has committed to furnish affordable training for attorneys who volunteer to provide Pro Bono services. Registrants may attend these courses for a nominal charge, if they undertake at least one pro bono case in the area that is the subject of the program. Recent programs have been offered in family law, immigration, disability law and elder law.