Colorado Supreme Court Rules Committees, 0620 COBJ, Vol. 49, No. 6 Pg. 64
| Position | Vol. 49, 6 [Page 64] |
COURT BUSINESS
Rule Change 2020(07) Colorado Rules of Criminal Procedure
Rule 24. Trial Jurors
(a)-(c)(3) [NO CHANGE]
(4) At any time before trial, upon motion by a party or on its own motion, the court may declare a mistrial on the ground that a fair jury pool cannot be safely assembled due to a public health crisis.
COMMITTEE COMMENT [NO CHANGE]
Amended and Adopted by the Court, En Banc, April 7, 2020, effective immediately.
By the Court:
Carlos A. Samour Jr. Justice, Colorado Supreme Court
Rule Change 2020(08) Colorado Rules of Criminal Procedure
Rule 43. Presence of the Defendant
(a)-(e) [NO CHANGE]
(f Public Health Crisis Exception
(1) If the court finds that a public health crisis exists, it may require the defendant and counsel to appear by contemporaneous audio communication (such as by phone) at arraignment and any proceeding listed in subsections (e)(2)(I), (II), (III), (V), (VI), (VII), and (VIII) of this rule. During any contemporaneous audio communication proceeding under this subsection (f )(1), the court must allow counsel the opportunity to confer with the defendant confidentially when necessary. A contemporaneous audio communication proceeding under this subsection (f ) (1) shall be conducted in a courtroom open to the public or in a manner that allows members of the public (including victims) to hear and, where appropriate, participate in the proceeding. (2) If the court finds that a public health crisis exists, it may, in its discretion and with the defendant’s oral or written consent, allow the defendant and counsel to appear by an interactive audiovisual device for any proceeding that does not involve a jury. The defendant’s oral or written consent is not necessary if the proceeding is listed in subsection (f)(1). During any interactive audiovisual proceeding under this subsection (f)(2), the court must allow counsel the opportunity to confer with the defendant confidentially when necessary. An interactive audiovisual proceeding under this subsection (f)(2) shall be conducted in a courtroom open to the public or in a manner that allows members of the public (including victims) to hear or watch and, where appropriate, participate in the proceeding. Use of an interactive audiovisual device under this subsection (f)(2) must comply with subsection (e)(1) of this rule. COMMENT [NO CHANGE]
Amended and Adopted by the Court, En Banc, April 7, 2020, effective immediately.
By the Court:
Carlos A. Samourjr.
Justice, Colorado Supreme Court
Rule Change 2020(09) Colorado Rules of Criminal Procedure
Rule 35. Postconviction Remedies
(a) [NO CHANGE]
(b) Reduction of Sentence. The court may reduce the sentence provided that a motion for reduction of sentence is filed (1) within 126 days (18 weeks) after the sentence is imposed, or (2) within 126 days (18 weeks) after receipt by the court of a remittitur issued upon affirmance of the judgment or sentence or dismissal of the appeal, or (3) within 126 days (18 weeks) after entry of any order or judgment of the appellate court denying review or having the effect of upholding a judgment of conviction or sentence, or (4) at any time pursuant to a limited remand ordered by an appellate court in its discretion during the pendency of a direct appeal. The court may, after considering the motion and supporting documents, if any, deny the motion without a hearing. The court may reduce a sentence on its own initiative within any of the above periods of time.
(c) [NO CHANGE]
Amended and Adopted by the Court, En Banc, April 16, 2020, effective immediately.
By the Court:
Carlos A. Samourjr.
Justice, Colorado Supreme Court
Rule Change 2020(10) Unauthorized Practice of Law Rules
Rule 229. Legal Regulation Committee
(a) Legal Regulation Committee. The Legal Regulation Committee (Regulation Committee) is a permanent committee of the Supreme Court See C.R.C.P. 251.2.
(b) Powers and Duties. In addition to the powers and duties set forth in C.R.C.P. 251.2, the Regulation Committee is authorized and empowered to act in accordance with this rule by:
(1) Requesting investigations as authorized by Chapter 19, Unauthorized Practice of Law Rules ("these Rules");
(2) Determining whether to authorize filing petitions for injunction or contempt, to authorize entry into stipulations with respondents, to place proceedings in abeyance, to direct further investigation, or to dismiss proceedings with or without conditions, or to make other determinations as authorized by these Rules;
(3) Reviewing dismissals by Regulation Counsel under these Rules; and
(4) Recommending to the Advisory Committee proposed changes to these Rules.
(c) Disqualification. Regulation Committee members must refrain from taking part in a proceeding under this rule in which a judge, similarly situated, would be required to abstain. A Regulation Committee member must also refrain from making determinations under C.R.C.P. 232.5 where a lawyer associated with the member's law firm is in anyway connected with the matter pending before the Regulation Committee.
(d) Special Counsel. If the Regulation Counsel has been disqualified or if other circumstances so warrant, the Regulation Committee or its Chair may appoint special counsel to conduct or assist with investigations and prosecutions in accordance with these Rules.
Amended and Adopted by the Court, En Banc, April 16,2020, effective immediately.
By the Court:
Monica M. Mdrquez
Justice, Colorado Supreme Court
Rule Change 2020(11) Colorado Rules of Procedure Regarding Attorney Discipline and Disability Proceedings, Colorado Attorneys' Fund for Client Protection and Mandatory Continuing Legal Education and Judicial Education
Rule 251.2. Legal Regulation Committee
(a) Permanent Committee. The Legal Regulation Committee ("Regulation Committee" or "Committee") is a permanent committee of the supreme court.
(b) Membership and Meeting Provisions.
(1) Members. The Regulation Committee comprises at least nine members, including a Chair and Vice-Chair. At least six of the members must be lawyers admitted to practice in Colorado and at least two of the members must be non lawyers. The supreme court appoints the members with the assistance of the Advisory Committee. Diversity must be a consideration in making appointments. Members serve one term of seven years. Members’ terms should be staggered to provide, so far as possible, for the expiration each year of the term of one member. So far as possible, appointments should be made to ensure an odd number of members.
(2) Dismissal, Resignation, and Vacancy. Regulation Committee members serve at the pleasure of the supreme court, and the supreme court may dismiss them at any time. A Regulation Committee member may resign at any time. The supreme court will fill any vacancies.
(3) Chair and Vice-Chair. With the assistance of the Advisory Committee, the supreme court appoints the Chair and Vice-Chair from the membership of the Regulation Committee. The Chair and Vice-Chair may serve in their respective roles for up to an additional seven years after their initial membership term, such that each may serve a total of 14 years on the Committee. The Chair and the Vice-Chair serve at the pleasure of the supreme court.
(4) Quorum. A majority of the members of the Regulation Committee constitutes a quorum, and the action of the majority of those present and comprising a quorum constitutes the official action of the Regulation Committee.
(5) Reimbursement. Regulation Committee members are entitled to reimbursement for reasonable travel, lodging, and other expenses incurred in the performance of their official duties.
(c) Powers and Duties. The Regulation Committee is authorized and empowered to act in accordance with this rule by: (1) Making determinations as authorized by C.R.C.P. 251.1 et seq. regarding Attorney Discipline and Disability Proceedings (“these Rules”); (2) Adopting practices needed to govern the internal operation of the Regulation Committee, subject to the supreme court’s or the Advisory Committee’s approval when needed; (3) Periodically reporting to the Advisory Committee on the operation of the Regulation Committee; and (4) Recommending to the Advisory Committee proposed changes to these Rules.
(d) Disqualification. Regulation Committee members must refrain from taking part in a disciplinary proceeding in which a judge, similarly situated, would be required to abstain. A Regulation Committee member must also refrain from making determinations under these Rules where a lawyer associated with the member’s law firm is in any way connected with the matter pending before the Regulation Committee.
(e) Special Counsel. If the Regulation Counsel has been disqualified or if other circumstances so warrant, the Regulation Committee or its Chair may appoint special counsel to conduct or assist with investigations and prosecutions in accordance with these Rules.
Rule 254. Colorado Lawyer Assistance Program
(1) Colorado Lawyer Assistance Program. The Colorado Supreme Court hereby establishes an independent Colorado Lawyer Assistance Program ("COLAP"). The goal of such program is:
(a) To protect the interests of clients, litigants and the public from harm by judges and lawyers experiencing cognitive, emotional, mental health, substance use, or addiction issues (behavioral health issues);
(b) To assist members of the legal profession with behavioral health issues that negatively impact their career, ability to practice, and/or well-being; and
(c) To educate the bench, bar and law schools about behavioral health issues impacting members of the legal...
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