The El Paso County Bar Association

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  • 7 Mar 2018 12:35 PM | Dustin Shaver (Administrator)

    Wednesday, March 7, 2018

    DENVER – Colorado Supreme Court Chief Justice Nancy E. Rice today announced she will retire effective June 30, 2018, after 31 years as a judge, including nearly 20 years as a member of Colorado’s highest court and four-and-a-half years as chief justice.

     “It’s the greatest honor of my life to have served Colorado as a judge for most of my career,” Chief Justice Rice said. “I’m extremely proud of our system of justice in Colorado, which serves as a model for the nation in just and efficient outcomes.  This wouldn’t be possible without our thousands of dedicated judicial officers and employees. I will sincerely miss being a part of this great system.”

    Chief Justice Rice, 67, was appointed to the Colorado Supreme Court in 1998, and was selected by the members of the Court to serve as chief justice in 2013. Before that, she served as a District Court judge in the Second Judicial District (Denver) from 1987 to 1998. Before taking the bench, Chief Justice Rice served as an assistant U.S. attorney from 1977 to 1987 and as the deputy chief of the appellate division of the U.S. Attorney’s Office in Colorado from 1985 to 1987. She also served as a deputy state public defender in the appellate division from 1975 to 1976. Chief Justice Rice received her undergraduate degree from Tufts University in 1972 and her law degree from the University of Utah College of Law in 1975. She has served as an adjunct professor of law at the University of Colorado Law School and the University of Denver Sturm College of Law.

    “Chief Justice Rice’s leadership has helped bring about significant progress in numerous aspects of Colorado’s judicial system,” said State Court Administrator Christopher T. Ryan. “In the many years I’ve known and worked with her, she’s been a staunch supporter of our efforts to ensure everybody has access to the justice system and has worked tirelessly to support many initiatives to improve the system.”

    During Chief Justice Rice’s time as head of the Judicial Department, she has overseen completion of electronic filing systems for civil and criminal cases, and she has advocated for new funding for probation officers and programs to help implement evidence-based programs to aid the rehabilitation of probationers while protecting public safety.

    Also during her tenure, the Judicial Department, with help from the General Assembly, created a program to help counties obtain funding for courthouse improvements and new construction, helping to improve security, efficiency, and comfort in many courthouses around Colorado.

    Chief Justice Rice also formed commissions and task forces to address issues important to the Judicial Department and the public. For example, she recently formed a blue ribbon commission to review and analyze bail and other pretrial-release services, and in 2015 she authorized each of the state’s 22 judicial districts to create task forces to study security and safety issues surrounding juveniles in courtrooms and develop tailored plans.

    Another task force created during Chief Justice Rice’s tenure analyzed truancy petitions in the courts and helped greatly reduce the number of children ordered to detention in truancy cases. In other initiatives, the Judicial Department obtained resources from the General Assembly that allowed the department to increase the number and compensation of language interpreters, to expand the number of problem-solving courts around the state and to begin accrediting problem-solving courts to ensure they remain effective.

    The Supreme Court Nominating Commission soon will interview applicants for the upcoming vacancy and nominate three candidates to the governor, who will appoint a new justice. Members of the Court will select a new chief justice, who will begin serving in that capacity upon Chief Justice Rice’s departure.


  • 29 Jan 2018 12:44 PM | Dustin Shaver (Administrator)
    Monday, January 29, 2018

    The Colorado Supreme Court Model Criminal Jury Instructions Committee has released its annual update to Colorado’s model jury instructions for use in state criminal trials. 

    The model instructions adopted in 2017 can be accessed at the Committee’s webpage, and they contain instructions concerning all of the offenses defined in Title 18 of the Colorado Revised Statutes (the Criminal Code), as well as select offenses defined in Title 42 (Vehicles and Traffic). This annual update incorporates new legislation and published case law that developed since the release of the prior edition. 

    Users may download Word and PDF versions of the instructions, both of which feature hyperlink capabilities for ease of use. For any questions regarding the instructions, users are encouraged to contact the Committee at mcjic@judicial.state.co.us.


  • 13 Nov 2017 12:48 PM | Dustin Shaver (Administrator)
    Monday, November 13, 2017

    DENVER – National Adoption Day is being celebrated in many of Colorado’s Judicial Districts throughout November, with judges and magistrates across Colorado finalizing the adoptions of 159 foster children into permanent families. Colorado is currently home to an additional 276 children waiting for permanent families.

    “The celebration of National Adoption Day in Colorado is an ever-growing event and I am proud to see so many courts participating to bring children and families together to find their happily ever after,” said Colorado Supreme Court Chief Justice Nancy E. Rice.

    Adoption Day events in Colorado are being coordinated through the courts, state and local human services departments, as well as other local and state child agencies and advocacy groups. 

    Following is a rundown of November’s Adoption Day activities in Colorado:

    First Judicial District (Jefferson and Gilpin counties) – The First Judicial District will celebrate  Adoption Day on Saturday, Nov. 18, 2017, from 8:30 a.m. to noon  in courtrooms 4A, 4B, 4C and 4D of the Jefferson County Courthouse (100 Jefferson Parkway, Golden, CO 80401).  Judges Tamara Russell, Gail Meinster and Margie Enquist will join Magistrate Jamin Alabiso to preside over adoptions for 18 children into 16 families. Cameras are welcome. For more information, contact Mallory Albi, Jefferson County Department of Human Services, at 303-271-4389.

    Second Judicial District (Denver County) – On Thursday, Nov. 16, 2017, beginning at 9:30 a.m. at the Lindsey-Flanigan Courthouse (520 W. Colfax, Denver, CO 80204), Denver Juvenile Court Judges Donna Schmalberger and Laurie Clark will join Denver District Court Judge Jay Grant and Magistrates Howard Bartlett, Melanie Gilbert and Lord Blegen to unite 47 children with 34 families. This is the thirteenth annual celebration of National Adoption Day in Denver.  Expanded media coverage has been granted – cameras are welcome. For more information, contact Rob McCallum at robert.mccallum@judicial.state.co.us.

    Eighth Judicial District (Jackson and Larimer counties) – Larimer County will celebrate Adoption Day on Friday, Nov. 17, 2017, at the Larimer County Justice Center (201 La Porte Avenue, Fort Collins, CO 80521). Eighteen children are expected to be adopted.  There will be adoption proceedings throughout the day with Judges Blanco and Jouard presiding.  After each adoption proceeding, the newly adopted children and their family and friends will head to the jury assembly room to enjoy entertainment, a balloon artist, a caricaturist and cookies, cupcakes, cinnamon rolls and other sweet treats in a decorated room filled with music. Each child will receive a special adoption bear, a treat bag filled with donated free children’s meals, gift certificates and treats from local businesses, as well as a book about adoption.  For more information, please contact Donna Hochberg, Esq., Hochberg Law Office, PLLC at dshochberg@yahoo.com or 970-493-1718.

    Tenth Judicial District (Pueblo County) – The Tenth Judicial District will celebrate Adoption Day for the ninth year in a row on Friday, Nov. 17, 2017, at 9 a.m. in Courtroom 401 at the Pueblo County Courthouse (501 N. Elizabeth Street, Pueblo, CO 81003).  District Court Judge Larry C. Schwartz will preside over the adoptions of eight children into six families. Following the adoptions, a cake and refreshment celebration will be held.  Expanded media coverage has been granted. For more information, contact Amanda Ledbetter at 719-583-4716.

    Twelfth Judicial District (Alamosa, Conejos, Costilla, Mineral, Rio Grande and Saguache counties) – The Twelfth Judicial District  will host a reception on Tuesday, Nov. 14, 2017, honoring all families who have adopted children and all children who have been adopted in the Twelfth Judicial District in the  last year.  Forty-five children were adopted into 35 families in the last year.  Members of the public, the courts, Department of Human Services, county attorneys and county commissioners are expected to be in attendance. Chief Judge Pattie Swift will address the group to discuss the important role of adoptive families in the justice system and thank all DHS staff, attorneys, adoptive parents, and foster parents for the work that they do. For more information, contact Christina Gallegos at christina.gallegos@judicial.state.co.us.

    Fourteenth Judicial District (Grand, Moffat and Routt counties) – On Wednesday, Nov. 15, 2017, at 2 p.m. Chief Judge Mick O’Hara will preside over one adoption in Courtroom 2B at the Routt County Courthouse (1955 Shield Drive, Steamboat Springs, CO 80487). Photography will be permitted with consent of the family. For more information, contact Chief Judge O’Hara at 970-879-5020.

    Sixteenth Judicial District (Bent, Crowley and Otero counties) – On Saturday, Nov. 18, 2017, the Sixteenth Judicial District will host a celebration for all families who adopted children in the Sixteenth Judicial District in 2017.  The celebration begins at 10 a.m. at the Otero Combined Court (13 West Third Street, Room 206, La Junta, CO 81050). Caseworkers, attorneys, and CASA volunteers will be present with the Honorable Mark MacDonnell to celebrate with the families.  There will be a reception and a guest speaker for the families.  The celebration is open to the public and guests are encouraged to use the south entrance to the courthouse.  For more information contact Wendy Larsen at 719-383-7123.



  • 13 Nov 2017 12:47 PM | Dustin Shaver (Administrator)
    Monday, November 13, 2017

    DENVER – In a one-year pilot program designed to help readers more quickly identify its holdings in published opinions, the Colorado Court of Appeals will provide brief summaries of those opinions.

    Beginning Nov. 16, 2017, each published opinion will be preceded by a summary which will briefly discuss issues in the case and the Court’s holdings on those issues, similar to the headnotes included with each opinion issued by the Colorado Supreme Court.

    The Court will assess the success of the pilot program after one year and will decide whether to make it a permanent program of the Court.

    “Transparency and enhancing public understanding of our work are important goals we’ve set for the Court of Appeals,” said Chief Judge Alan M. Loeb. “We are pleased to be able to begin offering opinion summaries to make what we do more easily understandable and accessible.”


  • 7 Nov 2017 12:50 PM | Dustin Shaver (Administrator)

    Tuesday, November 7, 2017

    DENVER – A group of more than 110 people representing many segments of Colorado’s legal community have reviewed and prioritized more than 60 recommendations to help improve the state’s capacity to ensure everybody has equal access to the courts.

    The recommendations considered during an October meeting at the Ralph L. Carr Colorado Judicial Center in Denver will be incorporated into a strategic plan to be implemented in 2018.

    The meeting was the culmination of a year-long effort to identify ways to fill gaps and improve coordination among access-to-justice service providers. Colorado was one of seven states to receive a $100,000 planning grant from the National Center for State Courts in its Justice for All project supported by the Public Welfare Foundation.

    “Colorado was one of the first states to form an Access to Justice Commission, and I am gratified to see that hard work acknowledged and advanced by this grant,” said Colorado Supreme Court Chief Justice Nancy E. Rice, who kicked off the event with opening remarks in the Supreme Court courtroom. “Equal access to justice through the courts is an important goal in our system, and these recommendations will go a long way toward achieving that goal.”

    Summit attendees considered more than 60 recommendations from several working groups, including:

    • Establishing a statewide access-to-justice coordinator to facilitate sharing of information by service providers and reduce duplication of effort;
    • Implementing plans to attract lawyers to rural areas;
    • Improving training for judges and other court personnel regarding how to help unrepresented litigants;
    • Promoting limited scope representation for litigants; 
    • Increasing procedural uniformity among judicial districts;
    • Leveraging technology to permit online document assembly by unrepresented litigants; 
    • Promoting use of plain language in forms and instructions;
    • Expanding clinical opportunities at the law schools; and
    • Increasing funding for Colorado Legal Services.

    The Justice for All summit brought together judges, court staff, legal aid and private lawyers, representatives of both Colorado law schools, the Colorado Bar Association and various social service organizations.

    The work is part of an effort to implement a resolution approved by the Conference of Chief Justices and the Conference of State Court Administrators which envisions state justice systems in which everyone has access to effective assistance for their essential civil legal needs.

    According to the state’s grant application, Colorado’s long-term goal is to develop a comprehensive system to respond to the needs of people with civil legal needs who cannot afford a lawyer by offering a range of services to provide them with meaningful and appropriate assistance. The Justice for All summit had two principal goals: to reach consensus on ways to expand and strengthen the continuum of services and to find ways to foster continued communication and coordination.

    The Justice for All planning committee was co-chaired by Colorado Access to Justice Commission Chairman Fred Baumann, Colorado Bar Association President Dick Gast and Colorado Supreme Court Justice William W. Hood III. 



  • 24 Oct 2017 12:51 PM | Dustin Shaver (Administrator)
    Tuesday, October 24, 2017

    DENVER – Marking the 11th anniversary of the Colorado Supreme Court Pro Bono Legal Service Commitment and Recognition Program, Chief Justice Nancy E. Rice has proclaimed Oct. 22-28, 2017, as Pro Bono Week.

    Colorado is fortunate to have many attorneys who donate legal services to low-income residents, but they cannot meet the civil legal needs of the more than 500,000 people in Colorado who fall below the poverty level.

    “Access to the courts to resolve civil disputes is a fundamental and essential right in our society,” Chief Justice Rice said. “The assistance of pro bono attorneys is an invaluable part of providing access to justice for all.”

    The pro bono commitment program encourages every Colorado attorney to provide at least 50 hours of legal services at no charge, primarily to indigent people and/or organizations serving indigent people.

    The Colorado Supreme Court in 2007 began recognizing those law firms, solo practitioners, in-house counsel and government attorneys making the commitment and achieving the 50-hour goal. For an organization to achieve the goal, each attorney within the organization must complete an average of 50 hours of pro bono service annually.

    In calendar year 2016, hundreds of organizations committed to achieving the 50-hour goal.

    A complete listing of the participating organizations is available at https://www.courts.state.co.us/Courts/Supreme_Court/Pro_Bono.cfm.


  • 25 Sep 2017 12:52 PM | Dustin Shaver (Administrator)
    Monday, September 25, 2017

    COLORADO SPRINGS, Colo. – Twelve participants will celebrate their graduation from the 4th Judicial District’s Recovery Court Adult Criminal Drug Court (ACDC) track on Wednesday, Sept. 27, 2017.  This rigorous program combines judicial oversight with individualized treatment and intensive supervision.  The 4th Judicial District’s drug court was the second of its kind in Colorado and began in 2001.

    “This graduation celebrates the successes of this group of very dedicated Drug Court participants who have reached a milestone not only in their recovery but also in their lives,” said 4th Judicial District Court Magistrate Daphne Burlingame, who will preside over the graduation ceremony. 

    In light of the felony drug law changes effective July 2013, the program revamped its admissions criteria and program requirements to meet the needs of the high risk/high need offenders it serves.  This group of graduates is the first to complete the new program’s requirements of at least 2 years supervised probation, to include successfully completing their substance abuse treatment program, remaining substance free, maintaining employment and applying important life skills.  By completing community based treatment, many of them have earned the right to have their felony conviction converted to a misdemeanor.

     “To our graduates, I say always know there are people out there who care very much about your success and your future.  What this means is that not only do you have the support of your friends, your family, and the Recovery Court Teams, but also you have the support of our entire community,” Magistrate Burlingame said. “Why do we as a community put so much effort into Problem Solving Courts?  The answer, simply put, is that Problem Solving Courts work!  We are saving lives, and improving communities -- all at a cost far less than what it would take to simply warehouse in jails and prisons those who commit non-violent acts as a result of alcohol and drug addictions.”    

    The National Institute of Justice’s Multisite Adult Drug Court Evaluation (MADCE) found that: Drug court participants reported less drug use (56 percent versus 76 percent) and were less likely to test positive for drug use (29 percent versus 46 percent) than the comparison probationers. Participants also had fewer rearrests than the comparison probationers.  Additional MADCE research found that drug courts produce an estimated $1.50 in benefits for every dollar in costs. (National Criminal Justice Reference Service, https://www.ncjrs.gov/spotlight/drug_courts/summary.html)

    Locally, the success of the ACDC participants has been overwhelming. A statewide search shows that out of 368 graduates of 4th Judicial District’s drug court since 2009, 79% have not received new criminal convictions. Through continued hard work by each of our participants and with the support of our entire community, we will continue to break the cycle of drugs and alcohol dependence.  By doing so, we will strengthen families and improve our community.

    Nearly 80 problem-solving courts are in operation around Colorado including adult and juvenile drug courts, family/dependency and neglect drug courts, DUI courts, adult and juvenile mental health courts, veteran trauma courts, and truancy courts.



  • 1 Sep 2017 12:52 PM | Dustin Shaver (Administrator)
    Friday, September 1, 2017

    DENVER – The Colorado Convening on Children, Youth and Families (CCCYF) Planning Committee is accepting proposals for plenary and breakout session presentations for the annual Convening on Children, Youth and Families scheduled for April 22-25, 2018 in Vail.

    The conference is held annually with the goal of bringing together Best Practice Court Teams (BPCT), Family Treatment Drug Courts Teams (FTDC) and Juvenile Problem Solving Court Teams (JPSC) to promote collaborative, team-based approaches to dependency and neglect and delinquency cases in Colorado. Membership of these teams includes judicial officers, child welfare representatives, guardians ad litem, respondent parents’ counsel, county attorneys, family court facilitators, court-appointed special advocates (CASA), court clerks, education representatives, service providers, foster parents, faith-based organizations, and other stakeholders who are involved in the child welfare system.

    At the 2018 Colorado Convening on Children, Youth and Families, BPCT, FTDC, and JPSC teams will participate in multi-disciplinary child welfare training, share best practices among teams, participate in statewide discussions of permanency, safety and well-being, learn more about continuous quality improvement, and work together as individual teams to update old goals and set new goals.

    The Colorado Judicial Court Improvement Program, the Colorado Judicial Department Problem Solving Courts Unit, and the Colorado Department of Human Services welcome presentation proposals on any dependency and neglect, family treatment drug court, and juvenile drug court related topics. Priority will be given to the following topics:

    • Trauma-informed practices
    • Permanency, safety and well-being
    • Permanent home 
    • Dependency and neglect system reform
    • Leadership 
    • Systems change
    • Crossover youth
    • Treatment/services
    • Indian Child Welfare Act
    • Human trafficking
    • Family treatment drug courts
    • Juvenile delinquency
    • Juvenile drug courts
    • Data/continuous quality improvement (CQI) and predictive analytics
    • Disproportionality (over-representation/under-representation)
    • Local initiatives 
    • Education
    • Intersections between mental health, substance abuse and co-occurring disorders
    • Inclusivity, equity, resilience, and cultural competency 
    • Implementation science

    Authors of submitted proposals may be invited to present at the 2018 Colorado Convening on Children, Youth and Families. Presenters will be asked to prepare a 75-minute presentation, which will be presented at two different sessions on one day of the three-day Convening. Please limit panelists and co-presenters to three per presentation.

    Deadline for Proposals: By October 12, 2017, proposals must be submitted through the survey web link below with the following information: Name of presenter(s), primary contact phone number and email, proposed title of session, area of focus, target audience, session description including outlines of learning objectives and learning strategies, and amount of any required honorarium. Each proposal must include a CV or biography for each presenter.

    Acceptance of Proposals: By October 20, 2017, a decision on all proposals will be made and selected presentations will be named.

    Submission Guidelines: Proposals must be submitted through  https://www.surveymonkey.com/r/62NGHTQ.

    Questions may be sent via e-mail to ColoradoConveningonChildrenYouthandFamilies@judicial.state.co.us.


  • 30 May 2017 12:54 PM | Dustin Shaver (Administrator)
    Tuesday, May 30, 2017

    DENVER – Colorado Supreme Court Chief Justice Nancy Rice has appointed District Court Judge William Bain to serve as the Chief Judge of the 4th Judicial District (El Paso and Teller counties).

    He replaces retiring Chief Judge Gilbert Martinez who was appointed to the District Court in 1989, served as Chief Judge from 1994 to 2007, and then again from 2012 to date. Judge Bain’s appointment is effective upon Judge Martinez’s retirement on Aug. 1, 2017.

    “Chief Judge Martinez has dedicated the entirety of his nearly 40-year career to the law through public service and is to be commended for his vast contributions to the judiciary,” Chief Justice Rice said. “I wish him well in his retirement. He will be missed by many.”

    Judge Bain is a fifth generation Colorado native, who was appointed to the District Court by Governor Bill Ritter in 2010.

    “I am pleased to appoint Judge Bain to this important role,” Chief Justice Rice said. “I am confident he has the characteristics necessary to be a successful leader and I look forward to working with him.”

    Judge Bain has resided in Colorado Springs since 1997. He received his undergraduate degree from Middlebury College and his J.D. from Cornell Law School in 1996. Judge Bain first worked in private practice with Welborn, Sullivan, Meck and Tooley in Denver. He then served as a deputy district attorney in the 4th Judicial District and as a civil litigator for the City of Colorado Springs before being appointed to the bench. He has served on the boards of Court Care, Safe Passage, the El Paso County Bar Foundation, and has been the president of the Ben S. Wendelken American Inn of Court.


  • 27 Apr 2017 12:54 PM | Dustin Shaver (Administrator)
    Thursday, April 27, 2017

    COLORADO SPRINGS, Colo. – Colorado’s 4th Judicial District (El Paso and Teller counties) is offering its inaugural Family Law Day to assist self-represented litigants in family law matters.

    A variety of professional services will be available at no cost during the event at the El Paso County Combined Courts (270 S. Tejon in Colorado Springs) from 8 a.m. to 5 p.m. on Friday, May 5, 2017.

    Among the services to be offered are informational sessions taught by attorneys on topics such as starting the divorce process; courtroom etiquette and how to present a case; drafting a parenting plan and separation agreement; and the basics of child support and spousal maintenance.

    The event also will offer a Children and Families in Transition class to satisfy the mandatory parenting class requirement in all domestic relations cases involving children.

    Volunteer attorneys and mental health professionals will be available to answer questions, and a magistrate will be available to handle uncontested domestic relations matters.

    Spanish interpretation will be available for all services, and free, on-site child care will be available through the Court Care Program.

    For more information, please contact Family Court Facilitator Nicolle Rugh at nicolle.rugh@judicial.state.co.us or 719-452-5103.


El Paso County Bar Association is a 501(c)6 non-profit organization.

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