Court Business
| Jurisdiction | Colorado,United States |
| Citation | Vol. 36 No. 1 Pg. 107 |
| Pages | 107 |
| Publication year | 2007 |
2007, January, Pg. 107. Court Business
The Colorado Lawyer
January 2007
Vol. 36, No. 1 [Page 107]
January 2007
Vol. 36, No. 1 [Page 107]
From the Courts
Court Business
Court Business
Court Business
Court Business
Visit the related court's website for complete text
of rule changes or proposed rule changes issued by the court
Each court's website includes corresponding forms, which
are not printed in "Court Business," and versions
with highlights of revisions (deletions and additions).
Colorado Supreme Court Rules
Committee
Rule Change 2006(15)
Colorado Appellate Rules
Chapter 32
Amended and Adopted
Colorado Appellate Rules
Chapter 32
Amended and Adopted
Rule 3.4. Appeals from
Proceedings in Dependency or Neglect
Proceedings in Dependency or Neglect
(a) How Taken. Appeals from orders in
dependency or neglect proceedings, as permitted by section
19-1-109 (2)(b) and (c), C.R.S., and including final orders
of permanent legal custody entered pursuant to section
19-3-702, C.R.S, shall be in the manner and within the time
prescribed by this rule
(b) Time for Appeal.
(1) Through (2) [No Change.]
(3) The time in which to file a notice of appeal or a notice
of cross-appeal and the corresponding designation of record
will not be extended, except upon a showing of good cause
pursuant to C.A.R. 2 and C.A.R. 26(b)
(c) [No Change.]
(d) Notice of Appeal. The Notice of Appeal and Designation of Record (Form 1) must be prepared and signed by the appellant's trial counsel or by the appellant, if pro se. The notice must identify the party or parties initiating the appeal, specify the order or part thereof from which the appeal is taken, and set forth the date the order was reduced to writing, dated, and signed by the trial court. The notice must be signed by the appellant, if an adult, unless counsel states in the notice of appeal that the appellant has specifically authorized the filing of the appeal. If counsel is unable to file a notice of appeal because the appellant is unavailable, counsel may file a Certificate of Diligent Search (Form 2) with the clerk of the trial court.
(d) Notice of Appeal. The Notice of Appeal and Designation of Record (Form 1) must be prepared and signed by the appellant's trial counsel or by the appellant, if pro se. The notice must identify the party or parties initiating the appeal, specify the order or part thereof from which the appeal is taken, and set forth the date the order was reduced to writing, dated, and signed by the trial court. The notice must be signed by the appellant, if an adult, unless counsel states in the notice of appeal that the appellant has specifically authorized the filing of the appeal. If counsel is unable to file a notice of appeal because the appellant is unavailable, counsel may file a Certificate of Diligent Search (Form 2) with the clerk of the trial court.
(e) Through (f) [No Change.]
(g) Petition on Appeal.
(1) Through (2) [No Change.]
(g) Petition on Appeal.
(1) Through (2) [No Change.]
(3) Unless the petition contains no more than 6,300 words, it
shall not exceed twenty pages, excluding the attachments
required by this Rule 3.4(g)(3)(G). The petition on appeal
shall conform to the requirements in C.A.R. 32(a) and shall
include:
(A) Through (D) [No Change.]
(E) A concise statement of the legal issues presented for
appeal, including a statement of how the issues arose
(general conclusory statements such as "the trial
court's ruling is not supported by the law or the
evidence" are not acceptable);
(F) Supporting statutes, case law, or other legal authority
for the issues raised, together with a statement of the legal
proposition for which the legal authority stands and a
concise explanation of its applicability to the issues
presented on appeal; and
(G) [No Change.]
(h) Response to Petition on Appeal (Cross-Appeal).
(1) Through (2) [No Change.]
(h) Response to Petition on Appeal (Cross-Appeal).
(1) Through (2) [No Change.]
(3) Unless the response (cross-appeal) contains no more than
6,300 words, it shall not exceed twenty pages, excluding the
attachments required by this Rule 3.4(h)(3)(E). The response
(cross-appeal) shall conform to the requirements of C.A.R.
32(a) and shall include:
(A) Through (B) [No Change.]
(C) A concise response to the legal issues presented (general
conclusory statements such as "the trial court's
ruling is supported by the law or the evidence" are not
acceptable);
(D) Supporting statutes, case law, or other legal authority
in support of the response, together with a statement of the
legal proposition for which the legal authority stands and a
concise explanation of its applicability to the issues
presented on appeal; and
(E) [No Change.]
Rule 4. Appeal as of Right - When Taken
(a) Appeals in Civil Cases (Other than Appeals or Appellate Review Within C.A.R. 3.1, 3.2, 3.3 and 3.4). Except as provided in Rule 4(e), in a civil case in which an appeal is permitted by law as of right from a trial court to the appellate court, the notice of appeal required by C.A.R. 3 shall be filed with the appellate court with an advisory copy served on the clerk of the trial court within forty-five days of the date of the entry of the judgment, decree, or order from which the party appeals. In appeals from district court review of agency actions, such notice of appeal shall be in addition to the statutory forty-five-day notice of intent to seek appellate review filed with the district court required by C.R.S. § 24-4-106 (9). If a timely notice of appeal is filed by a party, any other party may file a notice of appeal within fourteen days of the date on which the first notice of appeal is filed, or within the time otherwise prescribed by this section (a), whichever period last expires.
Rule 4. Appeal as of Right - When Taken
(a) Appeals in Civil Cases (Other than Appeals or Appellate Review Within C.A.R. 3.1, 3.2, 3.3 and 3.4). Except as provided in Rule 4(e), in a civil case in which an appeal is permitted by law as of right from a trial court to the appellate court, the notice of appeal required by C.A.R. 3 shall be filed with the appellate court with an advisory copy served on the clerk of the trial court within forty-five days of the date of the entry of the judgment, decree, or order from which the party appeals. In appeals from district court review of agency actions, such notice of appeal shall be in addition to the statutory forty-five-day notice of intent to seek appellate review filed with the district court required by C.R.S. § 24-4-106 (9). If a timely notice of appeal is filed by a party, any other party may file a notice of appeal within fourteen days of the date on which the first notice of appeal is filed, or within the time otherwise prescribed by this section (a), whichever period last expires.
Amended and Adopted by the Court, En Banc, November
9, 2006, effective immediately.
BY THE COURT:
Nancy E. Rice, Justice
Colorado Supreme Court
Colorado Supreme Court
Rule Change 2006(16)
Colorado Appellate Rules
Appendix to Chapter 32, Forms
Special Forms Index
Amended and Adopted
Colorado Appellate Rules
Appendix to Chapter 32, Forms
Special Forms Index
Amended and Adopted
Form 1. JDF 545 Notice of Appeal
(Cross-Appeal) and Designation of Record
(Cross-Appeal) and Designation of Record
Amended and Adopted by the Court, En
Banc, November 9, 2006, effective
immediately.
BY THE COURT:
Nancy E. Rice, Justice
Colorado Supreme Court
Colorado Supreme Court
Rule Change 2006(17)
Colorado Rules of Judicial Discipline
Chapter 24, Part A. General Provisions
Amended and Adopted
Colorado Rules of Judicial Discipline
Chapter 24, Part A. General Provisions
Amended and Adopted
Rule 4. Jurisdiction and Powers
(a) Jurisdiction. The commission shall have jurisdiction over the conduct of any judge of a court of record serving on a full-time, part-time or retired basis, except for municipal judges and county judges of the City and County of Denver. Judicial conduct that appears to be in violation of the Colorado Rules of Professional Conduct but is not otherwise within the commission's jurisdiction shall be referred to the Supreme CourtAttorney Regulation Counsel. The Supreme Court Attorney Regulation Counsel shall also have jurisdiction over the conduct of a lawyer that occurred prior to the time the lawyer held juridical office, as well as the conduct of a lawyer who is no longer a judge that occurred during the time the lawyer held judicial office, with reference to alleged violations of the Colorado Rules of Professional Conduct, if the commission did not investigate and resolve the matter during the judge's tenure in office.
(a) Jurisdiction. The commission shall have jurisdiction over the conduct of any judge of a court of record serving on a full-time, part-time or retired basis, except for municipal judges and county judges of the City and County of Denver. Judicial conduct that appears to be in violation of the Colorado Rules of Professional Conduct but is not otherwise within the commission's jurisdiction shall be referred to the Supreme CourtAttorney Regulation Counsel. The Supreme Court Attorney Regulation Counsel shall also have jurisdiction over the conduct of a lawyer that occurred prior to the time the lawyer held juridical office, as well as the conduct of a lawyer who is no longer a judge that occurred during the time the lawyer held judicial office, with reference to alleged violations of the Colorado Rules of Professional Conduct, if the commission did not investigate and resolve the matter during the judge's tenure in office.
(b) through (e) [No Change.]
Rule 6. Confidentiality and Privilege
(a) and (b) [No Change.]
(c) Disclosures. The commission may release confidential information concerning a judge when:
Rule 6. Confidentiality and Privilege
(a) and (b) [No Change.]
(c) Disclosures. The commission may release confidential information concerning a judge when:
(1) through (4) [No Change.]
(5) The commission notifies the Supreme Court Attorney
Regulation Counsel of a complaint against a judge involving
conduct that may violate the Colorado Rules of Professional
Conduct.
(6) [No Change.]
(d) and (e) [No Change.]
(d) and (e) [No Change.]
Amended and Adopted by the Court, En Banc, November
9, 2006, effective immediately.
BY THE COURT:
Michael L. Bender, Justice
Nathan B. Coats, Justice
Colorado Supreme Court
Nathan B. Coats, Justice
Colorado Supreme Court
Rule Change 2006(18)
Colorado Rules of Criminal Procedure
Chapter 29, VI. Trial
Amended and Adopted
Colorado Rules of Criminal Procedure
Chapter 29, VI. Trial
Amended and Adopted
Rule 26. Evidence
In all trials the testimony of witnesses shall be taken
orally in open court, unless otherwise provided by law.
Amended and Adopted by the Court, En Banc, November
9, 2006, effective January 1, 2007.
BY THE COURT:
Alex J. Martinez, Justice
Colorado Supreme Court
Colorado Supreme Court
________________________________________________________
Colorado Judicial Department
Colorado Supreme Court
Judicial Ethics Advisory Board Opinions
Colorado Supreme Court
Judicial Ethics Advisory Board Opinions
Colorado Supreme Court
Judicial Ethics Advisory Board (C.J.E.A.B.)
C.J.E.A.B. Advisory Opinion 2006-08
(Finalized and Effective November 16, 2006)
Judicial Ethics Advisory Board (C.J.E.A.B.)
C.J.E.A.B. Advisory Opinion 2006-08
(Finalized and Effective November 16, 2006)
ISSUE PRESENTED
The requesting judge, who serves part-time on the county
Bench, has been asked to participate on a blue ribbon panel
of public and private leaders, including a bipartisan
coalition of mayors and other dignitaries, charged with
"reducing the state's contribution and vulnerability
to a changed climate" by developing a set of
recommendations and policy proposals addressing how Colorado
can mitigate and adapt to climate change. The panel's
recommendations will be presented to Colorado's next
governor, the state legislature, local governments, water
districts, and other governmental bodies. Because the project
is spearheaded by an organization designated as charitable
under IRS 501(c)(3) regulations, the requesting judge
suggests that his involvement with the group may be permitted
by Canon 5(B).
However, he questions whether his participation on the panel
is forbidden by Canon 5(G). He points out that the panel on
which he would serve is not a "government
commission" within the meaning of that Canon, because
the appointing authority is a private charitable
organization, but he observes that his participation on the
panel could be problematic under Canon 5(G), because the
project is unrelated to the law, legal system, or
administration of justice, and instead involves public policy
issues that could result in...
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