2012 April

Denver Association I Vol. 34 Issue 3 I March 2012 A Denver BarBar Association Publication I Vol. 34 Issue 4 I April 2012

A Taxing Situation Adding a duty to legal services is being eyed in the General Assembly as a solution to the state’s budget woes.

Scott Challinor reports on the latest from the Capitol.

Inside Judges Granted Rights Over Cites

by Craig Eley

Along the Lincoln Trail

by Greg Hobbs

Meet the Bar Stars Dancers: Elsa Martinez Tenreiro and Steve Theis

by Sara Crocker

Brownstein Hyatt Farber Schreck and University of Denver Sturm College of Law present

thursday, april 12 3:00 p.m. - 4:30 p.m.

State and Municipal Regulation of Oil and Gas Development:

Reception following the event.

WhO SetS the StanDaRDS in COlORaDO?

There is no charge for this event. 1 CLE credit pending.

Find out more and register at www.law.du.edu/enrlp

University of Denver Sturm College of law

Panelists: Wayne Forman, Brownstein Hyatt Farber Schreck Cathy Proctor, Denver Business Journal Geoff Wilson, Colorado Municipal League Moderator: Mark Mathews, Brownstein Hyatt Farber Schreck

This webinar is the second in a series of four sponsored by Brownstein Hyatt Farber Schreck in conjunction with the Environmental and Natural Resources Law Program at the University of Denver Sturm College of Law. The University of Denver Sturm College of Law is committed to providing facilities that are accessible to persons with and without disabilities. We encourage persons with disabilities to contact Randy Wagner at 303-871-6761 for further information.

2 The Docket I April 2012

bhfs.com

Environmental & Natural Resources Law Program

Vol. 34 Issue 4 I April 2012

ON THE COVER 6

Taxing Legal Services: The Next Frontier in State Budget Woes?

8

Judges Granted Rights Over Cites

9

Along the Lincoln Trail

16

Meet the Bar Stars Dancers

FEATURES 4

From the President

11

In Memoriam: Omer Griffin, Longtime DBA Treasurer

12

Book Review: ‘Lost Memory of Skin’

14

Growing Gratitude: CAN Offers Opportunities to Give Back

18

Supreme Court Changes Judicial Center CLE Rules

19

Legal Directory Corrections

20

New Zealand Offers Sights, Respite from Colorado Winter

21

Hickenlooper Unveils Court-Packing Plan

6 18 11

IN EVERY ISSUE 23

Briefs

26

Legal Affairs

28

Dates on the Docket

30

Picture This

THE DOCKET A publication of the Denver Bar Association.

Views expressed in articles are those of the author and not the views of the author’s employers, The Docket Committee, or the Denver Bar Association, unless expressly stated. Deadline for articles is five weeks prior to the issue date; for example, February articles are due (on disk or by email) Dec. 19. To advertise, call Alexa Drago at (303) 824-5313.

DOCKET COMMITTEE: Mariya Barmak, Norman Beecher, Becky Bye, Scott Challinor, Michael J. Decker, Craig C. Eley, David L. Erickson, Loren R. Ginsburg, Rebecca I. Gumaer, Ryan T. Jardine, Thomas L. Kanon, Jr., Robert J. Kapelke, Paul F. Kennebeck, Natalie Lucas, Alicia J. McCommons, Daniel R. McCune, Margaret McMahon, Douglas I. McQuiston, William R. Meyer,

22 14

20 Christopher Mommsen, Siddhartha H. Rathod, Gregory D. Rawlings, Frank J. Schuchat, Marshall A. Snider, Daniel A. Sweetser, Erica Vargas, Anthony J. Viorst, Dennis P. Walker DBA OFFICERS: Ilene L. Bloom, President; James G. Benjamin, President-Elect; William W. Hood III, First Vice President; Lucia C. Padilla, Second Vice President; Stacy A. Carpenter, Immediate Past President; Richard Strauss, Treasurer BOARD OF TRUSTEES MEMBERS: Catherine A. Chan, Paul Chessin, Janet Drake, Michelle B. Ferguson, Vance O. Knapp, Daniel R. McCune, Meshach Rhoades, Daniel A. Sweetser, Andrew M. Toft; Chuck Turner, Executive Director EDITOR: Sara Crocker P.C. EDITOR: Chuck Turner

GRAPHIC DESIGNER: Kate Schuster (303) 860-1115 denbar.org/docket Copyright 2012. The Docket (ISSN 10847820) is published monthly, except for the combined issue of July/August, by the Denver Bar Association, 1900 Grant St., Suite 900, Denver, CO 80203-4336. All rights reserved.

The price of an annual subscription to members of the DBA ($15) is included in their dues as part of their membership. Periodicals postage paid at Denver, CO and additional mailing offices.

POSTMASTER send address corrections to The Docket, Denver Bar Association, 1900 Grant St., Suite 900, Denver, CO 80203-4336.

April 2012 I The Docket 3

From the President

New and Exciting Directions for Diversity

by I lene Lin Bl o om

I

r e c e nt l y h a d the wonderf u l oppor tunit y to ap p oi nt t wo new chairs to the Diversity in the Lega l Pro fession, or DILP, Committee: Tracy Davis and Laura Hazen. I am excited to announce that DILP is embarking on several new projects. The committee is looking for new members from across the state to work not only on its existing projects but to also be part of these exciting new endeavors.

The History of DILP T he Denver a nd Colorado Ba r A ssoc i at ions joi nt ly sponsor t h is committee, whose mission is to break down the longstanding barriers that have prevented d iverse attor neys f rom succeed ing in t he lega l profession. For many years, DILP has sponsored the highly successful DILP Diversity Awards, which honor one attorney and one firm or corporate legal department that are leaders in diversity and inclusion. DILP members also have been mentors for 1L

4 The Docket I April 2012

students and have participated in the Cherry Creek Diversity Conference, presenting a workshop for high school students from around the state.

DILP also is proud to continue its sponsorship of the Center for Legal Inclusiveness Annual Legal Inclusiveness & Diversity Summit. This year’s summit, on May 7 at the Sheraton Denver Downtown, marks the event’s sixth year. Distinguished speakers and nationa l ex per ts w i l l present more than 30 workshops related to diversity and inclusiveness. On the following day, CLI will present the Inclusiveness Institute, a separate one-day intensive training on the fundamentals of inclusiveness. For more information, v isit centerforlegalinclusiveness.org.

Exciting New DILP Endeavors First, DILP is adding to its existing “pipeline” work and is looking for volunteers interested in working with high school and college students. The so-called pipeline is the path from high school or college to law school and on to legal employment. The goal of pipeline projects, including DILP’s ongoing mentor ing and work shop activities, is to help diverse youth find a path to law school and a legal career, and to assist them as they travel on that path.

One new pro j e c t i nc lud e s sponsorsh ip a nd administrative oversight for the D r e a m Te a m s .

Dream Teams are s m a l l g rou p s o f law students and lega l professionals who volunteer w it h com mu n it y projects, such as presenting work-

shops and doing public presentations, to encourage more diverse youths to consider law as a career. More than 75 attorneys, law students, and legal professionals have joined five teams anchored by federal and state judges.

If you a re interested in joining a Dream Team or learning more about the project, contact Davis at tdavis@ bbhlegal.com or (303) 290-6600 or Hazen at lhazen@irelandstapleton. com or (303) 623-2700.

DILP also plans to expand its programming to serve smaller firms and the areas outside Denver. If you are outside Denver or are at a small firm and are interested in participating in diversity trainings or learning more about diversity issues, please contact Davis or Hazen.

Finally, DILP is looking for a new name! DILP’s most important role is as a connector—bringing interested attorneys together with ongoing or d isc rete volu nteer oppor t u n it ies.

It serves as a resource for bar association members statewide, as well as specia lt y bar associations, law schools, and others. If you have any ideas for a new name for DILP, please send them to Andrea Mueller Arias at amuellerarias@cobar.org.

Please join DILP! The committee meets at 4 p.m. on the first Thursday of each month at the DBA’s offices, 1900 Grant St., and welcomes new c o m m it t e e me m b e r s a nd p e o pl e interested in volunteering or simply lear ning more about DILP ’s work.

Please contact Mueller Arias if you would like to be added to the list of those receiving meeting information.

I wou ld like to thank the new DILP chairs for their assistance with this article and wish them good luck as they help expand the work of the DILP committee. D

April 2012 I The Docket 5

Taxing Legal Services: The Next Frontier in State Budget Woes?

B y S co t t C h allinor

D

espite a closely divided General Assembly and pending elections in November, Democrats and Republicans appear to be rallying behind a bipartisan effort to close Colorado’s seemingly intractable budget gap: taxing legal services.

Traditionally exempt from Colorado’s state taxation scheme, legal services appear to be the next frontier in Colorado’s budget battles. Bills co-sponsored by Democrats and Republicans are expected to be introduced in both the Senate and the House in the next several weeks and, according to sources close to Gov. John Hickenlooper, if a final bill emerges from the process, the governor likely will sign it.

The measure’s bipartisan support likely stems from the fact that the tax

advances issues important to both Democrats and Republicans. For Democrats, the tax helps to raise much needed revenue that might otherwise be diverted from K–12 education.

“We’ve seen some projections in the tens of millions of dollars,” noted one source close to Senate Democrats. “In an era of overcrowded classrooms, laid-off teachers, and draconian school budgets, we don’t think this source of revenue can be overlooked any longer.”

Republican supporters of the tax note several reasons for supporting it, including encouraging prospective plaintiffs to settle disputes outside the court system; discouraging tort claims, which would have the added benefit of lowering or stabilizing insurance premiums; and, eventually, through less use, shrinking the size of the state’s judiciary, which one Republican source described as “bloated.”

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Ms. Morrow received a Bachelor of Science degree in Electrical Engineering from San Diego State University, and a Juris Doctorate degree from the University of Denver.

“As proponents of small government, if we as Republicans can encourage people to resolve their disputes outside the court system, we believe it is important to do so,” said one Republican, who asked to be kept anonymous so that he could speak candidly about the bill. “We believe this measure is an important first step toward tort reform and will, eventually, help to shrink the state’s judiciary, leading to a net tax savings for our constituents.”

An aide to Hickenlooper provided the following response to an email inquiry from The Docket regarding the proposed tax: “Governor Hickenlooper is aware that such a measure is being discussed in the General Assembly and is, in theory, supportive of such a measure.

However, the Governor will be unable to comment further until more details are fleshed out through the legislative

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6 The Docket I April 2012

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process.”

Sources close to assembly Democrats and Republicans note that the two sides have, at this point, agreed in prin-

ciple to “a few broad strokes,” such as taxing a “unit” of legal service in the same manner as a retail sales transaction. Under this scenario, each unit of legal services rendered in Colorado would be subject to a 2.9 percent tax. Accordingly, a hypothetical hour of legal services rendered at $100 per hour would be subject to $2.90 in state taxes. Similarly, contingency fee arrangements also will be taxed at 2.9 percent; never theless, disagreement remains as to what amounts should be included in the taxable amount, with some arguing that compensatory payments for medical services, and the like, should not be subject to the tax.

A Republican Senate member noted that the only other ser vices her colleagues had expressed any interest in taxing was medical services related to family planning. However, noting that such a provision would be a non-starter with Democrats, she stated that, with respect

to taxing services, “This is as far as it goes.”

Despite garnering broad bipartisan support, both sides have expressed hesitancy regarding the precedent that will be set and the scope of the tax.

“The legal market is very competitive and it also is one that is disproportionately used by the wealthy, so we feel comfortable going forward with this,” one House Democrat noted in an email to The Docket.

“Levying a tax on additional services, however, would have to be approached very cautiously and strictly on a case-by-case basis. We want to ensure the tax burden on middle- and lower-income Coloradans is not heightened while people are still suffering through the recession.” D Scott Challinor is an attorney who specializes in tax law.

A Call for All Lawyer-Artists As construction of the Ralph L. Carr Judicial Center is nearing completion, the decision has been made that all of the art adorning the judicial center will be created by the talented members of the Denver Bar Association. Some say there is nothing quite like the thrill of delivering a powerful closing argument; others claim the rush of drafting a winning brief is the tops.

Ever yone agrees, however, that the most exhilarating of all legal experiences would be seeing your handcrafted art hanging from the walls of Denver’s newest hallowed hall of justice. A variety of artistic mediums will be accepted, so dust

off your canvas, crayons, oil paint, glue sticks, yarn, sculptures, and uncooked macaroni noodles, and start getting creative. The works of art should be inspired by the theme, “Give Me Liberty or Give Me Art!” These artistic displays will enable patrons of the judicial center to deeply appreciate the artistic talents of our local attorneys. This, in turn, will bolster the universal truism that all great lawyers are simply talented artisans wielding the law with the flourish and grace of the painter’s brush. The members of the Docket Committee will select the works of art to be displayed. The submission period opens April 1.

Please contact The Docket Editor Sara Crocker for further details at scrocker@cobar.org.

April 2012 I The Docket 7

Judges Granted Rights Over Cites

by C r aig E le y

W

hat do retired judges and retired NFL players have in common? Both groups claim to be suffering from inadequate retirement benefits. Depending on how long ago they retired, both judges and quarterbacks complain that by today’s standards, they have been left far behind in their golden years.

Although the NFL has not yet come up with a plan for supplementing the income of veterans of gridiron wars, retired judges in some states, including Colorado, are about to see some relief.

The plan, in its simplest terms, is for a judge’s state retirement account to be paid a small royalty every time a decision authored by that judge is cited in a pleading or brief. With most legal documents these days being filed electronically, it is a simple process for them to be scanned and the citations identified and accounted for. In Colorado, this task will be accomplished by those companies that have been designated by the Colorado State Judicial Branch to accept and transmit e-filings to courts.

For each citation that appears in a legal document, the filer will be charged 85 cents. Ten cents of this amount will be retained by the e-filing company to compensate it for the scanning and accounting services it will perform. The remainder will be collected by the judicial branch and then deposited into the retirement account of the judge who

8 The Docket I April 2012

wrote the opinion.

In the event an opinion is co-authored, t h e p ay m e n t w i l l be divided between two or among more accounts.

After receipt of a document from a par ty, the e-filing company will send an email to the filer of the document, which will itemize the number of citations found and the total cost for that document. This will allow the filer to bill the proper amount to his or her client. The filer will not be charged for the citations at that time, however.

As a convenience to the bar, it has been decided that a single statement will be sent to the filing attorney when the Colorado Supreme Court distributes its annual invoice for attorney registration.

To maintain active status as an attorney, the attorney will have to pay not only the annual registration fee, but also the accumulated citation royalty charges.

This plan has been touted as having some salutary effects beyond augmenting judicial retirements. It will inspire judges to write quality decisions that will more likely be candidates for future citation. It also will discourage attorneys from citing endless strings of citations that support that same hypothesis.

Where a judge is deceased, but his or her retirement account is still paying a surviving spouse, royalty payments will continue to be deposited into the retirement account. After the death of the spouse, the retirement account will close, and future royalties will go to a common fund.

The common fund will receive royalty payments for citations so old that no state retirement account exists, or for federal or out-of-state citations that would have no associated Colorado state retirement account. Each year, the common fund receipts will be divided among

all the existing retirement accounts on a pro rata basis: a judge who has more decisions cited during the year will receive a larger portion of the common fund in his or her retirement account.

Also going into the common fund will be “bundling fees.” These will result from special promotions designed to save law firms money and make accounting easier. For example, a law firm will be permitted to purchase a bundle of pre1950 citations for a flat fee of $500 per year, regardless of the size of the firm.

Also contemplated is a “Supra Sale” during certain months of the year, where second and subsequent citations of the same decision in a brief are half-price.

This plan, which is being promoted by e-filing companies, has been adopted in a number of other states. It is expected that eventually these states will enter into cooperative agreements, whereby payment for citations of out-of-state decisions will be forwarded to the judges of those states.

Although the Colorado Supreme Court has made this plan effective April 1, the court is still taking suggestions for fine-tuning the program. For example, should the amount of royalty paid if one quotes an entire poem by Justice Gregory Hobbs in a brief be the same as making a simple case citation? Also, if a cited decision is later overturned, should the royalty fee be refunded?

Regardless of how some of these issues are resolved, there is no doubt that this new plan will have the beneficial effects of attracting more qualified attorneys to the bench, increasing judges’ enjoyment of their retirement years, making briefs briefer, and encouraging high-quality written decisions. D Craig Eley is an administrative law judge for the Colorado Division of Workers’ Compensation whose written decisions probably will never be cited by anyone for anything. He can be reached at craig.eley@ state.co.us.

Greg Hobbs poses behind the marker of ancestor Charles Hobbs at the Arlington National Cemetery.

Along the Lincoln Trail

by G reg Hob b s

A

gain, grandson K.J. is our navigator. His eighth grade spring break heritage trip takes us east to the Potomac. Going younger in the history of our country from Hovenweep, Canyon de Chelly, the Hopi Mesas, and the Grand Canyon to the Atlantic requires considerable map reading and passing through many toll booths.

Out in the western landscape, geological monuments cut sharply into the rearing skyline: the Pawnee Buttes, Mount Blanca, Monument Valley, and the San Francisco Peaks. Here, it’s Mount Vernon, Arlington, Gettysburg, and Independence Hall.

Semiconsciously (the growing-up state of passing through but not comprehending until you get to go back through it with a grandchild), I started here. Dad

was assigned to the Pentagon from 1952 to 1955. Brothers Ed, Will, and I sailed boats in the reflecting pool at the foot of the Lincoln steps where Martin Luther King, Jr., a decade hence, would confront what the Civil War Amendments had etched into the Constitution but not delivered—dedication to liberty’s unfinished work.

Behind Lincoln and King, sloping down into the Potomac, Robert E. Lee’s front lawn at Arlington holds K.J.’s greatgreat grandfather, a World War I private from Kentucky (so his stone proclaims).

That soldier’s son, my father, joined the Army Air Corps in 1943, becoming an Air Force Colonel in the course of the arc we set out on from his home state of Florida. Mom was a Yankee Irish Catholic girl from Pittsburgh who’d gone south for her first teaching job.

K.J. and I get the “National Trea-

sure Tour,” heading into the basement of Mount Vernon. You remember the scene where Nicolas Cage slips up from the boat dock, crashes the lawn party, and threads the subterranean tunnels of this plantation mansion to grab the president? Normal visitors who didn’t pre-order this “special ticket” get only the ground and upper floor tour, which empties out past the slave quarters.

K.J. spots our ancestor’s grave near Arlington’s McClellan Arch—the general, whose waffling (“Will you pardon me for asking what the horses of your army have done since the battle of Antietam that fatigues anything?”) drove Lincoln through a series of commanders to Ulysses S. Grant. Up through the hilly green and blooming dogwood, we walk to John F. Kennedy’s grave, nearby his brother Robert. What national events in K.J.’s lifetime will continue to puncture his heart?

Jefferson is taller in his dome than comfortable, while FDR in his wheelchair accommodates a stalwart companionable photo. The Korean War soldiers are ghostly in their hunched-up march through the twilight. Drained, the cracked reflecting pool is being mended.

Ford’s Theatre is closed for an evening performance. The Spy Museum crackles with intrigue. I go out for another cup of coffee while K.J. engages a special mission with a group of fellow agents on spring break from other schools.

We are shaken by thousands of people-less shoes at the Holocaust Museum.

We decamp from our Leesburg motel and jump to Harper’s Ferry, where the Shenandoah and the Potomac rivers forge an anvil at the point of John Brown’s 1859 arsenal raid. Here, in 1803, Lewis and Clark obtained the rifles that would keep them alive through the buffalo plains, and the curious collapsible metal boat that didn’t work in the Continental Divide country. We climb to Jefferson’s lookout rock. He called what he looked at, “wild and tremendous.” We visitors from the land of the Louisiana Purchase he never visited would like to reassure him, “It surely is!”

We arrive at Antietam in a cold March mist. This bloody battle in 1862 April 2012 I The Docket 9

blunted Lee’s advance after a series of ghastly Union defeats, allowing Lincoln a bridge head for issuing the already drafted Emancipation Proclamation. A near term result, nearly 180,000 black soldiers would reinforce the Union Army.

We cross open ground near Mumma Farm in the midst of the battlefield before a driving rain propels us on to Gettysburg.

For 66 years, this place has eluded me. In moving on through Eisenhower’s interstate highway system to Seattle, then by boat to the territory of Alaska in 1955, we bypassed it. I don’t know why. My parents worshiped Ike. He had a farm at Gettysburg to which he invited Cold War leaders. My grandfather on my mother’s side was also a Kansas Republican. Born in Dodge City in 1890, just 34 years after William Quantrill’s raid

on Lawrence killed 150 persons and John Brown’s retaliatory murder of Kansas neighbors, “Pa” earned his chemical engineering degree at the University of Kansas then moved east to help invent coal tar technology at Koppers Company in Pittsburgh.

K.J. and I circle around the Seminary Ridge backside of the Confederate lines west of Gettysburg in sight of the Eisenhower farm and proceed south around the perimeter to Little Round Top and Devil’s Den, through the Peach Orchard and the Wheatfield, up to Cemetery Ridge.

To stand where Lincoln stood and delivered his most perfect vision of death, redemption, and rebirth is like being in the inner gorge of the Grand Canyon. The chasm that haggard tall man had to navigate gaped with destructive hazards. Amidst the hastily buried dead of the North and the South, spare and unfinished himself, Lincoln invoked the defining work of being dedicated to all persons, equal and entitled to life, liberty, and the pursuit of happiness, however hard and long the struggle might be.

It is good for Coloradans to come here. Carved out of Nebraska, Kansas, Join our Champions for Children New Mexico, and cycling team to help change the Utah territories on lives of abused and neglected kids Feb. 28, 1861, at the This year our team will tackle two challenging outset of the Civil rides, the Coldwell Banker Denver Century and War, our first great the Triple Bypass. Team members ride in one accomplishment or both events and raise money to support the work of the Children’s Law Center. was stopping Texas confederates from Each team member who raises at least $100 receives a 2012 Champions for Children cycling invading newly disjersey plus other incentives. covered gold fields.

The streets at the Sign up at heart of our Civic childlawcenter.org Center in Denver or call 720.259.2159 are Lincoln, Sherman, and Grant. On

10 The Docket I April 2012

Greg Hobbs’ grandson K.J. strikes a presidential pose with Franklin D. Roosevelt at the former president’s memorial in Washington, D.C. Aug. 1, 1876, we gained admission to the Union as the Centennial State, celebrating the 100th anniversary of the Declaration of Independence. Increased devotion to that new birth of freedom Lincoln declared at Gettysburg is our state’s natural lineage.

Valley Forge is next. Lincoln revered Washington: At the age of 28 in Springfield, proclaiming in his Lyceum speech, “Let reason be moulded into general intelligence, sound morality, and in particular, a reverence for the constitution and laws: and, that we improved to the last … free to the last … shall awaken our Washington!”

How the first president inspired a ragged Army through a long winter in these hills, the 16th president surely had committed to his prodigious story-telling memory. At Independence Hall in Philadelphia, K.J. and I see the chambers in which the Declaration of Independence and the Constitution were debated, formulated, and signed, Washington presiding. In his life and death, Lincoln is presiding over the abolition of slavery, the advent of due process and equal protection, and the right of all our peoples’ citizenry to participate. D Greg Hobbs is a justice of the Colorado Supreme Court.

In Memoriam: Omer Griffin, Longtime DBA Treasurer

M

embers of the Denver Bar Association were greatly saddened by the news that longtime Denver Bar Association Treasurer Omer Griffin passed away on Feb. 27. He was 91.

Griffin was born in Denver on Nov. 15, 1920, and attended Morey Jr. High School, East High School, University of Denver, and Harvard Law School. He married Penelope Moor, also of Denver, in February 1943.

He was admitted to practice law in Colorado in 1948. He practiced with former Colorado Gov. Ralph L. Carr until Carr’s death in 1950. He then served as Assistant Attorney General for Colorado for several years before returning to private practice. He ran a solo practice until 2007.

Griffin served in numerous capacities in the Denver and Colorado Bar Associations, most notably as the DBA’s treasurer for 15 years, from 1979 to 1994. Griffin was honored with the DBA’s

highest honor, the Award of Omer Griffin, left, stands with DBA Executive Director Chuck Turner.

Merit, in 1986.

He is survived by his wife, Penelthousand there, ope; two sons, Richard and Daniel, and Up went the hue and cry. their wives; two grandchildren; two “Let’s spend for this, let’s purchase great-grandchildren; two brothers; and that. There’s no end of fish to fry” numerous nieces, nephews, and their The trustees and the board conspouses. A service was held on March 5. spired, Below is a poem, written by the They did so gnash their teeth.

DBA’s Executive Director Chuck Turner, They rent their garmets, about Griffin (whom Turner affectionThey wailed and railed, but Omer ately referred to as held the leash. “ D r. No ” ) , w h i c h With tricks and congers all about, Turner penned in they plotted there to reach, 1998—the year GrifBut Omer, steadfast Omer, fin celebrated 50 He alone, thwarted every breech. years of practice: And now the sunshine marks again Those were our path to fiscal strength. bright and carefree But out there lies renewed tries days with Omer at To loot the treasured gates. the vault.

Our balance So where or when will the courage she e t s the y were come, 1:15 p.m. Shotgun secure.

Since Omer’s stepped aside?

Hiwan Golf Club, Evergreen We were never in We can only hope, from some new default. bloke, DBA Member: $130 per player But winds of Omer’s spirit will multiply.

Non Member: $150 per player Price includes lunch, greens fees, range balls, and cart. change blew through Please bow your head and nap the bar awhile, All proceeds will be given to Metro Volunteer Lawyers (MVL))) The trustees Put fear and doubt to rest. ))))pro bonoooooooooooooooooooooooooooooooooooooooooooooooooo were not mute.

Somewhere shines, with a blinding ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo “Forget the past, glint oooooooooooooooooooooooooooooooooooooooooooopro bono those stingy days.

Another guardian, I t ’s t i m e t o Another Omer, Register online at www.denbar.org. spread the loot.”

Another skinflint. D ............................................................

A dollar here, ten

2012 Henry Hall Memorial Golf Tournament Monday, June 4,

April 2012 I The Docket 11

Book Review

Russell Banks Takes Readers Under the Bridge, Into the Life of a Sex Offender in ‘Lost Memory of Skin’

by Jame s Hardy

I

n 2006, Miami-Dade County enacted a law prohibiting sex offenders from residing within 2,500 feet of any school, park, bus stop, or homeless shelter—in short, anywhere a child conceivably could be found. The law applied to all offenders, regardless of the severity of the underlying crime or whether the crime involved children.

This created an impossible situation for offenders outside state custody. In a dense urban community with limited affordable housing options, there was nowhere to live in compliance with the law’s half-mile mandate. Within months of the law’s implementation, approximately 140 men and a few women were living in a makeshift encampment under the Julia Tuttle Causeway on the outskirts of Miami. Because a lobbyist named Ron Book had championed the law, this encampment became known as “Bookville.”

This modern-day leper colony is the subject of Russell Banks’ novel, “Lost Memory of Skin.” In Banks’ rendering, the causeway encampment is a purgatory for “pariahs of the most extreme sort, American untouchables, a caste of men ranked far below the merely alcoholic, addicted, or deranged homeless. They were men beyond redemption, care, or cure, both despicable and impossible to remove and thus by most people simply

12 The Docket I April 2012

wished out of existence.” relations is the Internet. In other words, This portrayal will be instantly recsomeone we all know. ognizable to any attorney whose practice After he leaves home for the Army involves sex offenses or anyone whose and, he hopes, Afghanistan, the Kid gets life has been affected in some way by a kicked out during basic training when his sex offense. The typical social and legal enthusiasm for his favorite porn actress response to a sex offense is to stigmatize, leads him to distribute pirated copies of ostracize, and dehumanize the alleged one of her videos. (The Army kicks him perpetrator. Banks’ novel questions the out for copyright infringement, not conproportionality of these responses and tent.) Sent back to Mom’s backyard and examines society’s role in the creation of entering adulthood lonely and discona sex offender. nected, the Kid resorts to Internet chat The book’s protagonist and our rooms, leading to his downfall. guide to this literal underworld is the Longing for actual human contact, Kid. The Kid is a disillusioned naïf: a the Kid allows himself to be drawn into a 22-year-old virgin who’s never touched “To Catch a Predator”-type sting where, an actual woman. The Kid is a convicted after months of coy chat sessions with sex offender. He’s also the boy next door. “brandi18,” he finds himself in a suburThe Kid has a latchkey upbringing; ban kitchen explaining why he is seeking the Internet raises him more than his sex with a hypothetical 14-year-old girl single mother. His adolescent bedroom to her hypothetical father, a police offiis a shed in the backyard, which suits cer. He pleads guilty (and there is no mother and son fine. Mom pursues her affairs unhindered by motherly duties. The Kid has THE COLORADO the privacy necTRIAL LAWYERS essary for a daily 12-hour diet of ASSOCIATION Internet pornogra15th Annual phy.

Jut-eared, shy, and short, the Kid is few people’s idea of a menace to society. As Banks portrays him, he Thursday, May 3, 2012 is a barely exaggerated version of 5 p.m.  Cocktails 6 p.m.  Dinner the typical modern Denver Marriott City Center teenage boy left to his own devices— Honoring Daniel W. Patterson, Esq., the kind of teenage Nelson P. Boyle, Esq., and more. boy whose introduction and only For ticket information visit access to the world www.ctlanet.org or call (303) 831-1192. of human sexual

Spring Dinner

denying he is guilty of a crime), serves six months, and is released with a GPS ankle bracelet, 10 years of parole, and the conditions of the new law.

The Kid soon finds himself under the bridge, where he and his only friend, Iggy, a 6-foot long Iguana (a best friend with simple relationship needs and prickly skin), join the exiles. As the Kid soon learns, forcing all sex offenders into one place only causes more hysteria when compliance with the law works too well. As with the real Bookville, when the causeway encampment becomes too large, community revulsion requires its elimination in the name of public safety.

In the novel, a SWAT team clears the sex offenders out from under the causeway, liberally applying dehumanizing epithets and batons.

After this second exile, the Kid gains an anthropological admirer—Banks’ second protagonist, the Professor. He seeks sociological explanations for increased American pedophilia and takes an interest in the Kid and his fellow exiles. The Professor becomes the Kid’s benefactor, helping him re-establish a makeshift communal government under the bridge.

W hile doing so, the Professor observes that the causeway encampment is a symptom of American culture.

He muses: “When a society commodifies its children by making them into a crucial, locked-in segment of the economy, and then proceeds to eroticize its products in order to sell them, the children gradually come to be perceived by the rest of the community and by the children themselves as sexual objects. And on the ladder of power, where power is construed sexually instead of economically, the children end up at the bottom rung.” Anyone who has ever browsed even the mildest of adult offerings on the Internet, paged through a mass-market fashion magazine, or watched the commercials during an NFL broadcast will understand the Professor’s observations.1 But it is hard to tell whether Banks speaks through the Professor because

the Professor is a cipher—his true character and motivations are never clear.

He possesses a genius IQ and a shadowy past in counterintelligence, at least purportedly. He also is morbidly obese, an insatiable glutton married to a woman who exists to feed him, raise his children, and play the object to his autoeroticism, the Professor’s own form of voyeurism and sexual deviance.

Although Banks grants us access to the Professor’s inner thoughts, the man is a mystery to himself, so compartmentalized the reader cannot fully trust a word he says. The Kid—reticent and distrusting of all humanity after his chat room experience—is an open book by comparison.

Despite his charity and sociological perception, the Professor cannot save the Kid from his fate or help connect the Kid to the world of human relationships. Even the Professor’s attempts at introducing the Kid and his campmates into rudimentary communal living are for naught. Re-established after being rousted by the police, the causeway encampment is soon cleared again by an act of God, a hurricane that evicts some settlers and kills others. For these men, it is unclear which is the better fate.

Banks’ novel is about what happens when the condemned are kicked out of Hell, a “Pilgrim’s Progress” for these hyperlinked times. The slough of despond in Banks’ rendering is of our own creation—the Internet. The Kid must swear off the Internet and the lure of pornography completely to see his way through, but the other side holds no promise of human solace.

The Kid’s salvation is isolation in a houseboat in the Great Panzacola Swamp. There he does not risk violating his parole or a beating from the police, but this solution completes his exile.

The lost memory of the title is not the Kid’s. Raised by the Internet without a human guide to this world, the Kid never had that memory to lose. Rather, it is postmodern America’s surrender

of the hard but rewarding work of realworld human relationships to the cold radiant glow of a racy and narcissistic virtual world.

This is heavy stuff. But Banks’ sociological observations and his steadfast moral compass rarely interfere with his engaging story. Although the novel’s plot begs an allegorical reading, Banks’ characters, despite their names, are individuals, not allegorical types. The Kid and the Professor jump off the page. We feel we know these men better than they know themselves; it is a telling portrait of characters who cannot assimilate into society.

In an era where first-person narration and an unhindered confessional style are the norm, Banks employs a true omniscient narrator and leaves much unexplained. Some readers will find him too sympathetic to his main characters—a convicted sex offender and a self-important glutton who perhaps has more frightening skeletons in his closet.

Others, however, will find Banks too unsparing, too brutal in his estimation of these outcasts and their prospects for redemption.

In other words, Banks hits a nerve.

His narrative turns these exiled and reviled men into flesh and blood human beings. It also indicts a culture saturated in sex, creepily obsessed by youth, and devoid of human warmth and intimacy.

Any attor ney whose practice involves sex offenses will be especially rewarded by “Lost Memory of Skin.”

Those interested in the intersection of America’s sexual attitudes, law, morality, and the Internet also will be enriched.

But any reader concerned with human frailty and dignity should read this novel.

It is an important and humane work. D James S. Hardy is a Deputy Colorado State Public Defender in the Appellate Division. He can be reached at jshardy@gmail. com.

1 For an overview and analysis of the pornographic offerings online and its dominance over all other Internet content, see Natasha Vargas-Cooper, “Hard Core: The New World of Porn is Revealing Eternal Truths About Men and Women,” The Atlantic (January/February 2011).

April 2012 I The Docket 13

A Seat at the Bar

Growing Gratitude: CAN Offers Opportunities to Give Back attorney in my home state of Missouri, I had spearheaded public service projects via the Yo u n g L a w yers’ Section, which is the pr imar y service arm of the bar association there. Imagine my excitement Arax Corn, Stephanie Baer, and Richard Lynch pose at the Strikes for Tykes event. in connecting

by A r ax R . Corn with an entire committee dedicated to providing valuhile at the Denver Bar Assoable legal, educational, social, and civic ciation’s Community Action assistance to those in need.

Network Committee’s annual When a layperson’s perception of school supply and backpack donation lawyers may come via TV shows or (god event, “Pack to School,” I saw a preforbid) lawyer jokes, it’s refreshing to school-aged girl and her mom. At first, show the public at large that lawyers the girl walked shyly to the corner of are real people—real people who really the room where I was handing out new pitch in to make an backpacks filled with school supplies. I impact in the comimmediately noticed she had spotted a munity where we all light-purple backpack with a butterfly live. CAN members design. I motioned her over to try it on. and volunteers put Her joy-filled face confirmed my sense of a friendly face to our purpose and the tangible results of our p ro fe s s i o n — o n e committee’s efforts. that some people I found the CAN Committee when I only interact with moved to Colorado last January. As a new when unfortunate

W

14 The Docket I April 2012

events such as divorce or death call for legal help.

The impact of CAN’s contributions to the organizations it benefits cannot be understated. Originally committed to service projects once a quarter, the committee is growing its number and variety of projects. Because we work as a coordinated group, we can make a greater financial impact and a big difference in the donations we provide.

For example, November’s inaugural Strikes for Tykes event benefitted Children’s Outreach Project—a therapeutic preschool and child care center. CAN’s efforts surpassed fundraising goals and raised critical dollars for the therapeutic programming found at Children’s Outreach Project. In addition, there is zero administrative cost associated with the fundraising and drives through CAN, so 100 percent of the funds we raise go to the charity.

Celebrating 10 years as a DBA com-

mittee, CAN is relevant more than ever.

Denver-area attorneys may recognize CAN events that have become annual staples—some highlights of CAN projects over the past year include: • Toothbrushes for Tots: CAN kicked off 2012 with a benefit for KIND (Kids in Need of Dentistry). KIND is a nonprofit organization that provides high-quality, affordable dental care to children in need throughout Colorado.

Dental supplies collected during the drive, including toothbrushes, dental floss, and toothpaste, ensure that more than 4,000 children will have access to orthodontic care. During the weeklong drive, Feb. 6–10, Denverarea law firms donated more than $5,000 in dental items, such as toothbrushes, toothpaste, and floss, as well as cash.

• April marks CAN’s annual “Roll Out the Barrels” food drive (April 16–27) to benefit Metro CareRing, which is a hunger relief organization offering urgent food assistance and other items for stabilizing individuals and families in need. During last year’s

drive, 7,000 pounds of food and more than $40,000 were collected.

• In July and August, CAN holds its “Pack to School” drive to benefit students in the Educational Outreach Program of Denver Public Schools, Comitis Family Services, and Children’s Outreach Project. T hese organizations serve underprivileged, homeless, and disabled student populations. Participating law firms collect new school supplies, which volunteers stuff into more than 300 backpacks.

The students, along with their families, are invited to pick up a backpack filled with school supplies. Beyond the donations of crayons, glue, and composition notebooks, we are contributing to the students’ confidence that comes from being fully prepared for the school year.

• Strikes for Tykes: This bowling event benefits the Children’s Outreach Project, which provides young children of all abilities early childhood education and affordable care. The 2011 event raised close to $5,000.

As the needs of the Denver-area

community grow and evolve, it is part of CAN’s mission to meet the changing needs of our community. We welcome suggestions for new projects. Most important, we invite you and your firm to participate in an upcoming CAN initiative. D Arax R. Corn is an attorney in Denver and a member of the Denver Bar Association’s Community Action Network Committee.

Join the CAN Committee The Community Action Network Committee meets on the second Tuesday of every month. The meeting location rotates around the city. For more information or to join the committee, contact Kate Schuster at kschuster@cobar.org or (303) 824-5312.

Denver Bar Association Community Action Network (CAN)

13th Annual Roll Out the Barrels Food Drive to benefit Metro CareRing.

Feinstein Foundation one million dollar challenge

Metro CareRing, in collaboration with the Denver Bar Association, has been selected to participate in the Feinstein Challenge—a $1 million incentive fund for hunger relief. The more collectively raised for Metro CareRing, the more impact your gift will have.

Virtual food drive

Visit fooddrive.metrocarering.org and click on the items you want to donate.

Cash donations are welcomed.

Make your check payable to Metro CareRing. Reference “CAN Food Drive” on the subject line.

To secure your donation barrel, sign up on www.denbar.org.

Questions?

Please email Kate Schuster at kschuster@cobar.org.

Litigation Section

CBA Litigation Section is the 2012 sponsor of the statewide Roll Out the Barrels Food Drive.

R ASSO BA

ON ATI CI

April 16–27

DENVE R

Roll Out the Barrels Food Drive Sin

c e 189 1

Top 10 Most Wanted Pantry Items: - Hearty Soup - Canned Tuna - Canned Cooked Beans - Peanut Butter - Canned Mixed Vegetables - Canned Fruit - Canned Tomatoes - Whole Grain Pasta - Pasta Sauce - Whole Grain Brown Rice

Metro CareRing

will provide barrel drop-off and pickup.

April 2012 I The Docket 15

Meet the Bar Stars Dancers

For Martinez Tenreiro and Theis, Dancing is a Family Affair

by S ar a C ro cke r

D

ancing has long been a passion for Elsa Martinez Tenreiro’s family. She loves to watch ballet.

Her two daughters have been dancing since they were tots. She and her husband, Steve Theis, have been known to

take a few ballroom dance classes.

Even so, she was surprised when she was invited to be one of the “Bar Stars” at the Barristers Benefit Ball on May 5.

“I felt very flattered that [the Ball Committee would] even think about me,” Martinez Tenreiro said. “I felt more inclined to do it just because I feel very strongly about the Denver Bar Association and Metro Volunteer Lawyers.”

This year, the Bar Stars will be paired with their spouses—it’s a new twist on the “Dancing with the Stars”-esque dance off at the ball. Last year, Bar Stars Cyndy Ciancio, Hubert Farbes, Vicki Johnson, and John Moye were paired with professional dancers and performed their

routines in front of a sell-out crowd.

This year’s Bar Stars were committed to including their spouses in the fun.

“I probably would not do it if it was with somebody other than my husband, because this gives me the opportunity to do something with Steve,” Martinez Tenreiro said.

But, when asked what he thought about the invitiation to performing in front of hundreds of guests at the ball, Thesis said his response to his wife was, “Yes, dear.”

He added: “It’s for a good cause and I don’t mind too much getting laughed at, so that’s OK.” The other DBA notables and their spouses who also have signed on to compete are Mark and Pat Fogg, and Bill Walters and his wife Christy Cutler. This line up means that three former DBA presidents will battle on the dance floor.

Though this year’s couples won’t

Dancing with the

Bar Stars for MVL Battle of the DBA Past Presidents

2012 Barristers Benefit Ball

Saturday, May 5, 2012 • Grand Hyatt Denver, Downtown Denver

t Patron Table for 10 guests*—$3,250 t Patron Ticket*—$275 t Individual Ticket—$165 t Judicial Ticket—$120 t Young Lawyer and Non-Lawyer Ticket—$100 *Includes preferential seating and recognition in the dinner program

Raffle Prizes—Buy your tickets online at cobar.org/bball/.

Prizes include a number of weekend getaways throughout colorful Colorado, spa packages, and Le Creuset cookware. Tickets are $10. You don’t need to be present to win.

Drawing: May 5, 8 p.m., at 1750 Welton St., Denver.

Additional taxes and gratuities not included. Value of prize subject to federal income tax. Value of ticket not deductible as charitable contribution. Denver Bar Association State License #2012-04853. All Proceeds go to Metro Volunteer Lawyers.

For more information, call Dana Collier Smith at (303) 824-5318. RSVP online at denbar.org.

16 The Docket I April 2012

be paired with professional dancers, they will all train with pros at Colorado Dancesport and plan their routines.

Martinez Tenreiro, who was DBA president from 2007 to 2008, opened her firm, Alvarado, LaForett Martinez Tenreiro, LLC, this year. Theis works as an engineer at Lockheed Martin. Martinez Tenreiro said she’s looking forward to something they can do together that will get them out of their respective offices.

The couple, who have been married 22 years, has taken Latin ballroom dance classes in the past and danced numbers like the rumba and tango. Though they were discussing doing something along those lines, they had not yet decided what style of dance they will feature in their routine.

Martinez Tenreiro and Theis have been involved in the dance world from another perspective: their two daughters, Alexandra and Samantha, have been dancing since they were 5 and 3.

“Because of that, we’ve always be involved in some kind of dance project,” Martinez Tenreiro said.

Now their daughters are 18 and 16,

and their oldest is looking to attend a university where she can study dance.

The teens have not weighed in on how their parents should dance, but they are sure that advice will come, Theis said.

Although their daughters seem to be able to pick up dance steps quickly, Theis admits that his biggest challenge will be “getting my feet to do what I tell them to.”

Martinez Tenreiro agreed that it comes down to having time to prepare.

“I’ve always loved to get out there and dance,” she said. “Whether I do it well or not is something else, but I’m going to have fun trying.”

Though there has been some bravado from the couples about who will wow the crowds on the dance floor, Martinez Tenreiro said it’s important to remember why they are all doing this: “I’m not really a competitive person—that’s not why I would do this. I’m doing it for the bar association. I’m doing it because I believe in the cause,” she said. “And, I’m going to have fun with my husband.”

If that wasn’t incentive enough, Martinez Tenreiro suggests another:

“Come and watch the funny show, because it’s probably going to be pretty hilarious watching us dance.” D

Battle of the Past Presidents There are two ways to vote for Martinez Tenreiro and Theis: You can vote in person, based on applause, following their performance at the Barristers Benefit Ball on May 5. You also can vote with your wallet, in advance at givingfirst.org/ElsaandSteve, or in person at the ball.

The other Bar Stars Dancers, who also can be supported at givingfirst.org, are former DBA and CBA President Bill Walters and his wife Christy Cutler and former DBA President and CBA President-elect Mark Fogg and his wife Pat Fogg.

Want to know which president will prove he or she deserves to win it all on the dance floor? Tickets to the ball are available at cobar.org/bball.

Bill Walters and Christy Cutler were featured in February; Mark and Pat Fogg were featured in March. You can read about them at denbar.org/docket.

6th Annual

LEGAL INCLUSIVENESS & DIVERSITY SUMMIT May 7, 2012 |Sheraton Denver Downtown

INCLUSIVENESS INSTITUTE

May 8, 2012 | Faegre Baker Daniels LLP Now in Downtown Denver

Luncheon Keynote: Dr. Arin N. Reeves, Nextions LLC 4 Workshop Topics & Women GC Panel

Ethics/General CLE Credits Expected: Summit 8; Institute 6

Attend One or Both Events

Early Bird Pricing Until April 14 www.centerforlegalinclusiveness.org 303.832.3503 April 2012 I The Docket 17

Supreme Court Changes Judicial Center CLE Rules

by M arsh all S nide r

T

he Colorado Supreme Court has amended its rules regarding Counselors’ Labor Exchange, or CLE, credits for the Ralph L. Carr Colorado Judicial Center, which is now under construction in Denver. As reported in the April 2011 issue of The Docket, because of budget shortfalls the court has for the past year required all licensed Colorado lawyers to contribute 10 hours of labor to the construction of the judicial center. However, unanticipated and unintended consequences of this requirement have led the court to make substantial amendments to this involuntary labor program.

Although thousands of Colorado attorneys pitched in to work on the judicial center project, it turns out that

18 The Docket I April 2012

lawyers are severely lacking in construction skills. While members of the bar have gamely attempted to engage in ironwork, carpentry, electrical wiring, plumbing, and similar tasks, it soon became apparent that they were for the most part incompetent in all of these areas. Many of the initial efforts of attorneys laboring at the judicial center were so inadequate that their work had to be torn out and redone by professionals. The result was not a cost savings, as the court had originally envisioned, but a near tripling of the originally estimated construction costs.

Of even greater consequence was the high number of injuries the incompetent lawyers have caused to themselves and to their fellow laborers. While the attorneys were working on the judicial center, heavy tools fell off scaffolds and I-beams crashed to the ground with disturbing frequency. Hundreds of hammer-wielding counselors were admitted to area emergency rooms with self-inflicted smashed thumbs. The liability for all of the injuries caused by the lawyers on this job far outstripped any anticipated savings.

The court has not given up on the idea of lawyers contributing labor to this project. However, it became apparent

to the justices that any attorney working construction needed to first receive adequate training. Therefore, although Colorado attorneys will continue to be required to contribute 10 hours of labor to the project each year, they will not be allowed on the building site until they have taken continuing education courses in construction skills. Attorneys will earn CLE credits for courses they take in areas such as dry wall hanging, beginner carpentry (starting with building their own tool box), high altitude ironwork, and sawdust sweeping.

The required courses will be provided by CLE in Colorado, Inc. (Not to be confused with the Counselors’ Labor Exchange.) CLE Executive Director Gary Abrams is excited about the prospect of offering such unique courses. Abrams told The Docket: “Of course, providing courses in the construction trades is very different than presenting programs on legal topics. We are looking forward to the challenge even though it takes us a bit out of our comfort zone.” Abrams said CLE in Colorado is already trolling the many trade schools in Colorado to recruit the necessary faculty. Upcoming trainings will be posted in Dates on the Docket. D

ERRATA TO THE

2012 Colorado Legal Directory The 2012 Colorado Legal directory was published in December 2011. This addendum lists attorneys and firms whose information was published incorrectly.

Listing information that has changed since publication will be included in the 2013 directory to be published this fall.

Anderson, Julie Evans (21745) Littleton Municipal Court 2069 W Littleton Blvd Littleton CO 80120 Bailey, David A (13135) dbailey@cksmb.com

Krendl, James R (3521) Fax: 303.629.2606 jrk@krendl.com Little, Chris (18520) clittle@montgomerylittle.com

Brasch, Jordan (42109) 1141 “H” Street Lincoln, NE 68508 Phone: 402.476.2847 Jordan@jbraschlaw.com

Moran, John R Jr (726) 320 Ivy St Denver, CO 80220 Phone: 303.810.5137 Fax: 303.322.9684 jrmoran20@comcast.net

Closson, David (34005) Phone: 303.432.9999

McCormick, Michael (33682) mmccormick@montgomerylittle.com

Cripe, David C (28587) Fax: 303.629.2606 dcc@krendl.com

Nassau, Marlys (42301)ⓓⓒ Bostrom & Associates PC 1675 Broadway Ste 2280 Denver, CO 80202 Phone: 303.592.5300 Fax: 303.592.5330 mnassau@bostromlaw.com Fieds of Practice: Corporate Law Estate Planning/Wills & Trusts Probate & Estate, Administration/Litigation

Callaway, Blake P (41359) Fax: 303.629.2606 bpc@krendl.com Dunsing, Fred Andrew (29352) Colorado Executive Club Bldg 1776 S Jackson St Ste 1107 Denver, CO 80210 Fax: 303.758.1639 Fowler, Leann (20831) lfowler@bhfs.com Harvey, Steve (43153) 9406 W Geddes Place Littleton, CO 80128 Phone: 720.299.1259 attorneysteveharvey@gmail.com Hernandez, Arnulfo D Hernandez & Associates, P.C. 1490 Lafayette St Ste 307 Denver, CO 80218 Phone: 303.623.1122 Fax: 303.893.6116 chernandez@hdezlaw.com Fields of Practice: Criminal Law Immigration Law Hernandez, Christine M Hernandez & Associates, P.C. 1490 Lafayette St Ste 307 Denver, CO 80218 Phone: 303.623.1122 Fax: 303.893.6116 ahernandez@hdezlaw.com Fields of Practice: Criminal Law Immigration Law Horton, Kurt (10537 18 Judicial District Judge 7325 S Potomac St Centenial, CO 80112 Phone: 303.649.6262

Osborn, Nate (38951) nosborn@montgomerylittle.com Otis, Coan, & Peters 103 W Mountain Ave, Ste 2B Fort Collins, CO 80524 Phone: 970.225.6700 Fax: 970.232.9927 gbcoan@nocolegal.com Web: www.NoCoLegal.com Piazza, Debbie (15197) dpiazza@montgomerylittle.com Rosenthal, Gil B (29744) Fax: 303.629.2606 gbr@krendl.com Riley, John (18962) jriley@montgomerylittle.com Schoeberlein, William F (4467) Arbitrator/Mediator 26054 Centennial Trail Golden, CO 80401 Phone: 303.526.0505 Fax: 303.526.5171 billschoeberlein@comcast.net Way, Sherri D (20022) Fax: 303.629.2606 sdw@krendl.com Wysocki, Jeremy S (37219) Fax: 303.629.2606 jsw@krendl.com

County Fee Class, referenced on page 1020 in the 2012 Colorado Legal Directory: Adams 2 Alamosa 4 Arapahoe 2 Archuleta 4 Baca 5 Bent 4 Boulder 2 Broomfield 4 Chaffee 4 Cheyenne 4 Clear Creek 4 Conejos 4 Costilla 4 Crowley 4 Custer 5 Delta 3 Denver 1 Dolores 5 Douglas 2 Eagle 4 El Paso 2 Elbert 4 Fremont 4 Garfield 3 Gilpin 4 Grand 5 Gunnison 4 Hinsdale 5 Huerfano 4 Jackson 5 Jefferson 2 Kiowa 5 Kit Carson 4 La Plata 4 Lake 4 Larimer 3 Las Animas 3 Lincoln 4 Logan 3 Mesa 3 Mineral 5 Moffat 5 Montezuma 3 Montrose 3 Morgan 3 Otero 3 Ouray 4 Park 4 Phillips 4 Pitkin 5 Prowers 4 Pueblo 2 Rio Blanco 5 Rio Grande 4 Routt 4 Saguache 4 San Juan 5 San Miguel 4 Sedgwick 4 Summit 5 Teller 4 Washington 4 Weld 2 Yuma 4 April 2012 I The Docket 19

New Zealand Offers Sights, Respite from Colorado Winter

by Dav id E rick s on

to spend most of our time there. Our first stop was dventures of all kinds await those Christchurch. Most of the who travel to New Zealand. Sail downtown area, known as a yacht in Auckland. Take in the the “red zone,” is cordoned newly reopened shops in Christchurch. off by a high chain-link Explore ice caves in Fox Glacier. Kayak fence. Nearly all of the in “Middle Earth,” east of Queenstown. buildings in the area have Whatever your choice, beauty and fun been damaged, most beyond are in store. repair, in the devastating In Auckland, the “City of Sails” and earthquake that struck a New Zealand’s largest, our hotel was near year ago. the waterfront by the Viaduct Harbor. At We were told that 1,200 commercial the harbor there is a wonderful maritime buildings and 10,000 dwellings are listed museum, displaying an infinite variety of as “uninhabitable”; entry is prohibited old and new boats, including those hiseven to retrieve personal items. We torically used by the native Maori. Here, were able to see in the windows of some an America’s Cup yacht is berthed and restaurants, where there was still food where we arranged to sail with its crew. and personal items on the tables—left Although it rained heavily throughout behind when people fled. our morning voyage, as deckhands we One downtown area, about four worked the “cranks” to raise and lower square blocks, has been leveled, cleared, sails. and asphalted over, with some shops The scenery is spectacular on the reopening in shipping containers—those South Island, so we arranged in advance large metal ones used to transport goods across the ocean.

There are areas of “liquefaction” where sand and water had been pushed to the surface, making it like quicksand.

The devastation is terrible and it will take a long time to rebuild. Many of the older historic buildings, such as the stone churches, were destroyed.

We toured the Alternative Dispute Resolution with city by bicycle and compassion, expertise and insight . on foot, and stayed The qualifications and experience of our former judges have earned them at The Worcester, the highest respect of the legal community. They are noted for their respectful treatment of all parties and their genuine desire to find the a B&B two blocks best solution. No egos. No biases. Just insightful, objective resolution. from the downtown Contact Legal Resolution Center “red zone.” It is a at 1.888.881.7365, or visit us at www.legalresolutioncenter.com delightfully restored colonial frame Victorian house, built in 1893, containing

A

Common Ground

20 The Docket I April 2012

antiques, artworks, leaded windows, and two guest suites on the second floor.

There were three earthquakes, at least that we could feel, while we were in Christchurch. One was strong—5.3magnitude and directly under the city, and certainly enough to knock you over.

Although we were asleep at the time, the noise and shaking woke us immediately.

The Worcester, a two-story frame house with a lightweight roof, has sustained little damage from the earthquakes.

From Christchurch we took the Tranz Alpine Train, which travels south across the Canterbury Plain then west over Arthur’s Pass, the highest and most spectacular route in the Southern Alps.

The rail route crossed numerous trestles over gorges cut by cascading mountain streams. An open car on the train was packed with tourists looking at the views and taking photographs. We departed the train in Greymouth, on the coast of the Tasman Sea, and rented a car. From there we drove south along the coast to Fox Glacier, one of New Zealand’s three largest glaciers. Above it looms Mount Cook, New Zealand’s largest mountain, named after Capt. James Cook, the British explorer who mapped the entire New Zealand coastline in 1769 and 1770.

A helicopter took us to a high and inaccessible part of the upper glacier.

We donned heavy mountain boots and strapped on crampons. Using walking sticks and led by an energetic young guide who chopped foot holds with his ice axe, we made our way around numerous glacial crevasses, small streams that

Hickenlooper Unveils Court-Packing Plan

by M arsh all S nide r ncensed by a recent decision of the Colorado Supreme Court barring public financing for the 2022 Winter Olympic Games, Gov. John Hickenlooper has proposed increasing the membership of the state’s highest court to 15 justices. Hickenlooper hopes to appoint an additional eight justices who will support funding that will bring the Winter Olympics to Colorado in the next decade.

Colorado was once offered the Winter Olympics, but environmental concerns led voters to stymie the process. The International Olympic Committee had awarded the 1976 Winter Olympics to Denver, but after a 1972 voter referendum in Colorado rejected public financing for the games the Olympics were awarded to Innsbruck, Austria.

Last month, the Colorado Supreme Court unanimously ruled that the 1972 referendum was phrased broadly enough to prohibit public spending on any Olympic Games in Colorado, whenever they

might be proposed. As a result, the court has dashed the hopes of Hickenlooper and Denver Mayor Michael Hancock to host the 2022 games.

Undaunted, Hickenlooper has proposed a constitutional amendment to expand the court to 15 justices. Article VI of the Colorado Constitution permits the number of justices, currently set at seven, to increase to nine if the General Assembly concurs. An increase to 15, however, will require a change to the Constitution, which the governor hopes voters will approve.

Hickenlooper decided that the number of justices should be increased to 15 so that he could appoint a clear majority of the court, legal experts familiar with the plan said. Not only would a Hickenlooper court of 15 give rise to the possibility of a reversal of the Olympics funding decision, but the governor also hopes that a court beholden to him will authorize the opening of a brew pub in the lobby of the Ralph L. Carr Colorado Judicial Center now under construction

in downtown Denver.

Olympics opponents are not the only ones concerned about the court-packing plan. Under promises of anonymity and immunity from prosecution, state judicial officials have told The Docket that the new judicial center was planned with the current number of justices in mind and does not have accommodations for an additional eight jurists. If the increase in court membership is approved by the voters, eight justices will have chambers limited to cubicles in the Supreme Court Library, and their clerks will work in the janitors’ closet near the boiler room.

In addition, because the court’s bench is only big enough to accommodate seven justices, at oral argument the Chief Justice will have to sit on a precariously placed high chair, and the other justices will have to double up on the chairs behind the bench. Court officials fear that this arrangement may make it difficult for counsel in oral argument to hear questions from justices who have someone sitting on their laps. D

suddenly disappeared into bottomless ice holes, ice caves that were blue on the inside, and crawled through a large ice tunnel.

From the Fox Glacier we drove farther south to Queenstown, along a narrow road with many one-lane bridges. Although the scenery was lovely, we found that the drive on the “wrong side of the road” was tiring, and we constantly mixed up the windshield wipers and the turn signals, which are reversed from what we know.

Queenstown is a fabulously beautiful place. We stayed at Novotel on the edge of Lake Wakatipu. The area around Queenstown is known for its outdoor activities and the city was filled with young adventurers from all over the world. We learned very quickly that when an activity there is listed as “easy to moderate” it meant for someone who is 20 years old.

In Queenstown, we boated on the lake, walked about its harbor, ate in its outdoor cafés, and enjoyed the performances of some amazing street buskers.

The area has a rich gold mining history, which was displayed throughout the city in photographs and articles. “Lord of the Rings” was filmed to the east, and the area is still under the control of the Maori. We arranged to kayak there, in “Middle Earth,” taking in high jagged peaks and broad valleys.

From Queenstown we traveled west to an area called “Fiordland” (“Rainland” would be more appropriate) on the coast and adjoining the Tasman Sea, requiring travel via air and bus to reach it. On large catamarans, we toured both Doubtful Sound and Milford Sound, deep fiords abutted by sheer cliffs extending many hundreds of feet above and below the waterline. We endured heavy rains as we traveled the length of the fiords to their

exit at the Tasman Sea but saw pods of dolphin and fur seals en route.

Next, heading to Nelson, in the northern part of the South Island, we arranged for a charter bus to the Abel Tasman National Park, named after the Dutch explorer who first sighted the northwest coast of the South Island in 1642. A charter boat took us to an area called Bark Bay and dropped us off at a well-known trailhead. We went tramping, as it’s called there, on a narrow trail, cut into the side of the steep coastal bluffs, winding up, down, and around for about 15 kilometers to a small bay, the Anchorage, where the boat picked us up again later that day.

Being in the southern hemisphere, where the seasons are reversed, was a welcome respite from the Colorado winter, and New Zealand offered breathtaking views and experiences. D

I

April 2012 I The Docket 21

Feel Like a Million Bucks Join for $1,300,000 That’s how much The Wheels of Justice Cycling Team, sponsored by the Colorado and Denver Bar Associations, raised for Denver’s Children’s Hospital in the team’s first six years. Last year, our riders, sponsors, and volunteers all felt like a million bucks after working together to raise more than $290,000 for the Children’s Center for Cancer and Blood Disorders.

In 2012, please help us make an even bigger difference for the kids, doctors, and families at Children’s Hospital Colorado.

Join as a Wheels of Justice rider and enjoy terrific benefits, including cool team gear, weekend training rides, coaching sessions, and great events. Join as a Wheels of Justice sponsor and you’ll join Denver’s top law firms and businesses in receiving excellent publicity and benefits. For more information, visit www.wheelsofjusticecycling.org.

Thanks to our 2012 sponsors who have already helped us raise more than $50,000. Please join them!

22 The Docket I April 2012

BRIEFS 2012–13 Governance The Denver Bar Association Nominating Committee has prepared the following slate of nominees to hold office in 2012–13: President-elect: Daniel R. McCune First Vice President: John M. Vaught Second Vice President: Gillian M. Bidgood Trustees: Nicholas Ghiselli, Barbara J. Mueller, and Lucia C. Padilla Board of Governors: Sarah M. Clark, Shelly Dill-Combs, Nike L. Fleming, Catherine A. Hance, Diego G. Hunt, Craig D. Joyce, Margrit A. Parker, Sal Quintana, Diane Smith, Sarah A. Steinbeck, and Emily C. Teel.

Bylaw excerpts: 7-2-5 Any active, judiciary, or life member of the association may also be nominated for any office, except the office of president, by filing with the executive director a petition signed by at least 50 active, judiciary, life, or retired members of the association requesting placement on the election ballot and designating the office desired. Any such nominee for the office of second vice president must be 37 years of age or younger at the time he/she takes office. The form of such petition shall be made available by the Nominating Committee at the bar association office on or before April 10, and must be completed and received at the bar association office on or before 4 p.m., May 1.

7-2-6 If petitions for additional nominees are not received by May 1, the candidates nominated by the Nominating Committee are deemed elected and shall assume their respective offices as of the following July 1. If more than one person has been duly nominated for any office, an election by the members shall be conducted by the Nominating Committee for those contested offices.

DBA Legal Fee Arbitration Committee Merges with CBA The DBA Legal Fee Arbitration Committee recently merged with the Legal Fee Arbitration Committee of the Colo-

rado Bar Association. This committee seeks to identify and resolve disputes among attorneys and their clients concerning legal fees through arbitration.

Questions? Contact committee chairs Jennifer Holt, at attyjih@ultra2k.com, or Glen Laird, at glaird@mdmc-lawco.com.

To view a sample legal fee arbitration provision, which can be used in client engagement letters, visit http://bit.ly/ LegFee.

Join Lawyers’ League Softball DBA Lawyers’ League Coed Softball starts June 9 and runs through Aug. 11.

Games are played Saturdays at Cranmer Park (at 1st Avenue and Bellaire Street).

This is a relaxed league more concerned with having fun than, well, pretty much anything else. Cost varies depending on the number of teams in the league. For more information or to sign up, contact Jack Tanner at jtanner@fwlaw.com.

LSC Notice of Available Grant Funds for 2013 Competitive grant funds to provide civil legal services in 2013 are available from the Legal Services Corporation.

Grants are available only for certain service areas; to view a list of available grants by service area, visit grants.lsc. gov/about-grants/where-we-fund.

Information about available grants and a request for proposals will be available at grants.lsc.gov during the week of April 9. Filing dates and submission requirements also are available there.

Information about L SC grants funding, the application process, and eligibility to apply for a grant is available at grants.lsc.gov/about-grants. Questions?

Email competition@lsc.gov.

CAN’s Roll Out the Barrels Food Drive The Community Action Network’s 12th Annual Roll Out the Barrels Food Drive is April 16–27. All donations benefit Metro CareRing, a nonprofit hunger relief organization that operates one of the largest food pantries in Denver. To secure your donation barrel, sign up on denbar.org. Questions? Please email Kate

Schuster at kschuster@cobar.org.

BBB Raffle Prizes Announced Barristers Benefit Ball raffle tickets are now on sale at cobar.org/bball for $10. Prizes include a number of weekend getaways throughout colorful Colorado, spa packages, and Le Creuset cookware.

The drawing will be held at the Barristers Benefit Ball at the Grand Hyatt Denver on Saturday, May 5, at 8 p.m. You can get tickets to the ball at the same website. Unable to attend? You don’t need to be present to win. All proceeds from the raffle and the ball benefit Metro Volunteer Lawyers.

Colorado Lawyers Committee Annual Luncheon Professor John C. Brittain, a longtime civil rights activist, will offer the keynote speech at the 33rd Annual Luncheon of the Colorado Lawyers Committee on Monday, May 21, from 11:30 a.m. to 1:30 p.m. at the Marriott Denver City Center, 1701 California St. Awards for Outstanding Sustained Contribution, Law Firm of the Year, Team of the Year Award, and Special Recognition will be presented. Individual tickets to the luncheon are $60. For more information or to purchase tickets, visit coloradolawyerscommittee.org.

Seventh Annual Immigrant Liberty Awards The Colorado Chapter of the American Immigration Lawyers will host the Seventh Annual Immigrant Liberty Awards to benefit the Rocky Mountain Immigrant Advocacy Network on Thursday, May 31, at Assumption of the Theotokos Greek Orthodox Cathedral of Denver. The event will feature Greek food, international entertainment, a silent auction, dancing, and the awards ceremony. Cost to attend is $70 if purchased before May 15. Student and nonprofit tickets are also available for $60. For more information or to purchase tickets, visit rmian.org.

April 2012 I The Docket 23

24 The Docket I April 2012

April 2012 I The Docket 25

Legal

AFFAIRS GOOD THINGS Neil B. Oberfeld and Samuel L. Levy, shareholders in the Denver office of Greenberg Traurig LLP, have been elected as national commissioner and associate national commissioner of the Anti-Defamation League, respectively.

Oberfeld has served on the ADL since 2001, and Levy is newly elected.

Snell & Wilmer is pleased to announce that Dan Wittenberg, a partner in its Denver office, has been accepted into the Leadership Boulder County program.

The Boulder Chamber selects 35 individuals to take part in the leadership program every year. The participants collectively work toward the betterment of the community through volunteerism and business initiatives.

Patton Boggs Denver Energy and Natural Resources Partner Eric H. Drummond recently was appointed by University of Colorado Law School Dean Phil Weiser to the Advisory Board of the School of Law’s Energy Innovation Initiative.

The Energy Innovation Initiative is a joint effort undertaken by the University of Colorado Law School’s Silicon Flatirons Center on Law; Technology and Entrepreneurship; and the Program on Natural Resources, Energy, and Environmental Law. The Colorado GLBT Bar Association selected Ryann Peyton as its vice president and president-elect for 2012.

Peyton will become president of the organization in 2013. An associate at the Harris Law Firm in Denver, Peyton expanded her firm’s practice area in non-traditional family law and same-sex domestic relations.

The Colorado Plaintiffs’ Employment Lawyers Association has elected

its new officers and continuing board members. The officers are: Rosemary Orsini of Berenbaum Weinshienk as president; Rachel Ellis of Sweeney & Bechtold as vice president; Mary Jo Lowrey of Truhlar and Truhlar as secretary; and Sarah Parady of Benezra & Culver as treasurer. Board members are: Chair Joan Bechtold of Sweeney & Bechtold; Paula Greisen of King & Greisen; Susan Hahn of the Law Office of Susan R. Hahn; Darold Killmer of Killmer Lane and Neuman; Diane King of King & Greisen; David Lichenstein, attorney at law; Todd McNamara of McNamera, Roseman and Kazmierski; Rhonda Rhodes of Williams & Rhodes; Lisa Sahli of Killmer Lane and Neuman; Elwyn Schaefer of Elwyn F. Schaefer & Associates; and Charlotte Sweeney of Sweeney & Bechtold.

Ireland Stapleton Pryor & Pascoe Director Russell W. Kemp will serve as Habitat for Humanity of Metro Denver’s board vice president, and Director Michael R. Miller will serve on the group’s Finance and Audit Committee.

Kemp has been involved with Habitat for Humanity as a volunteer since 2000 and has been a board member since 2008. Miller has been active with Habitat for Humanity since 2008.

Elizabeth D. Mitchell, an associate with Ambler & Keenan, LLC, recently became a Certified Elder Law Attorney (CELA) Mitchell throu g h the National Elder Law Foundation. The certification requires an exam and three years of practice focusing on elder law. Mitchell’s practice will continue to focus on Medicaid and incapacity planning, as well as estate planning.

The Center for Legal Inclusive-

ness, a Colorado-based nonprofit, is partnering with the Minority Corporate Counsel Association to provide a first-of-its-kind inclusiveness training for MCCA’s new Academy for Leadership and Inclusion.

Otten Johnson Robinson Neff + Ragonetti PC is pleased to announce that Associate Dimitri Adloff has been named to the board of directors of Colorado Lawyers for the Arts.

Adloff represents banking, real estate, development, and business clients in connection with their commercial disputes.

I re l a n d S t a p l e t o n Pryor & Pascoe, PC Director L aura Hazen has joined the SungateKids Board of Directors.

Hazen Hazen leads Ireland Stapleton’s child care/early education practice area, focusing on regulatory, licensing, and employment issues, together with other unique problems faced by child care providers.

Further, Hazen frequently writes for and lectures to the Early Childhood Education Association of Colorado.

CHANGES Burleson LLP is pleased to announce that Susan Anderson, Matthew Collins, Jeremy Cottrell, Fran Folin, Joe Gilmore, Heather Hanna, Michael Jewell, Chris McGrath, Ron Opsahl, Andrew Rubin, Caroline Shanor, Victoria Shupe, and Rob Willis have all joined its new office in Denver.

Bloom Murr & Accomazzo, P.C. is pleased to announce Daniel R. Delaney has become a director of the firm.

Delaney’s practice involves business and contract matters, real property, mechanics’ liens, and mortgage lending

If you are a Denver Bar attorney member and you’ve moved, been promoted, hired an associate, taken on a partner, received a promotion or award, or begun service on a new board, we’d love to hear from you. Talks, speeches, CLE presentations, and political announcements, due to their sheer number, cannot be included. In addition, The Docket cannot print notices of honors determined by other publications (e.g., Super Lawyers, Best Lawyers, etc.) again due to volume. Notices are printed at no cost but must be submitted in writing and are subject to editing and space available.

Send all notices to Kate Schuster at kschuster@cobar.org by the 1st day of the month.

26 The Docket I April 2012

cases.

Polsinelli Shughart welcomes Emily E. Wey to the firm’s national health care practice as shareholder. Wey will focus on a variety of operational, transactional, and compliance issues for health care providers. Having served as in-house counsel for both payors and providers, Wey has developed in-depth knowledge of issues involving private reimbursement and payor contracting.

Hig g ins , Hopk ins , McLain & Roswell, LLC is pleased to announce that Derek J. Lindenschmidt has been named Lindenschmidt a partner with the firm.

Lindenschmidt will continue to focus his practice in construction law and general civil litigation.

Polsinelli Shughart expands its corporate capabilities in Denver with the addition of Peter F. Waltz to its corporate law practice. Waltz counsels clients in a broad range of corporate, transactional, and disclosure related issues. His experience includes working with clients at various stages of their business life from up-start to mid-size companies, as well as small public businesses.

Sherman & Howard announces that Joe Daniels has joined the firm as an associate. He will add to Sherman & Howard’s 65-attorney commercial litigation and trial practice group, focusing on the representation of businesses and individuals in all aspects of litigation.

Davis Graham & Stubbs LLP has appointed its 2012 Executive Committee, which provides leadership for the firm’s financial and strategic management.

The members are: Chris Richardson as managing partner, Kristin Lentz and Ron Levine as finance and acquisitions, Bill Duffy and Randy Hubbard as natural resources, Jeff Pilkington and Andrea Wang as trial, and Barbara Pierce as executive director.

IHS is ple a s e d to anno unce th at C h r i s Achatz has joined the company as an assistant legal counsel.

Achatz Peg Perl has joined Colorado Ethics Watch as staff counsel.

Perl previously served as counsel to the U.S. House Ethics Committee and as a policy attorney at the Federal Election Commission.

Wilson Elser is pleased to announce the recent addition of Scott D. Sweeney, of counsel, to its Denver office.

Sweeney joined the firm with 14 years of experience practicing law. He has widespread litigation experience, and his practice currently is focused on employment litigation, fidelity and surety litigation, and insurance bad faith law.

B ro w n s t e i n H y a t t Farber Schreck is pleased to announce that Amy Brimah has joined the firm as of counsel in the Brimah real estate department.

She will focus on finance and lending, commercial real estate transactions, as well as development projects, acquisitions, and dispositions.

Polsinelli Shughart named Denver shareholders Colleen M. Faddick and Bruce A. Johnson as vice chairs of the national law firm’s health care practice group.

Faddick advises health care providers and Johnson has broad experience in legal and management issues involving physician organizations, hospitals, and other health care providers.

Christopher L. Denham was promoted to principal at Kingsbery Baris Vogel Nuttall CPAS and Advisors, P.C. Denham Denham received his undergraduate degree in accounting from the University of Colorado–Denver magna cum laude, and attended University of Colorado Law School. His emphasis is in estate and gift tax; he also practices in all areas of tax for all entity types.

The Hustead Law Firm is pleased to announce that Marc A. Tahiry, formerly an associate with Hindman Sanchez, PC, has joined the firm.

BRICKS & MORTAR Davis Graham & Stubbs, LLP has signed a new 12‐year lease at its 17th & Wazee Street location, which will allow the firm to expand its offices by nearly

30 percent.

The firm will begin occupancy of the additional space in 2014. Until then, the firm will lease temporary satellite offices three blocks away in the Tabor Center.

The law firm of Fogel Keating Wagner Polidori Free is pleased to announce that it has changed its name to Keating Wagner Polidori Free (KWPF).

The construction defect law firm of Benson & Associates is pleased to announce that it has changed its name to Benson, Kerrane, Storz & Nelson.

NEW FACES Siddhartha and Shannon Rathod welcomed their baby Priya Rae Rathod on Feb. 9 at 9:35 p.m. She weighed 7 Priya pounds, 15 ounces and was 20 ¼ inches long.

Patrick and Molly Thiessen would like to announce the birth of their son, Benjamin Howard Thiessen, on Feb. 7.

Troubled by Rude and UnprofessionalAttorneys?

The following lawyers are willing to take calls on a confidential basis, for guidance, tips, and strategies for dealing with opposing counsel.

Marion McBain: (303) 635-2246 James O’Connor: (303) 799-9001 Gary Jackson: (303) 320-4848 Steve McBride: (303) 740-7422 Sponsored by

the DBA Peer Professionalism Assistance Committee April 2012 I The Docket 27

Dates on the

DOCKET DBA EVENTS All DBA meetings are scheduled at 1900 Grant St., Suite 900, in Denver, unless otherwise noted. Call Melissa Nicoletti, (303) 824-5321, to schedule committee meetings so they will appear in this calendar.

April 3

DBA Budget Committee Meeting 7:30–9 a.m.

Call Greg Martin, (303) 824-5317.

Denver Access to Justice Committee Meeting Noon–1:30 p.m.

Call Meghan Bush, (303) 824-5303.

April 4

Docket Committee Meeting Noon–1 p.m.

Call Sara Crocker, (303) 824-5347.

April 5

Democracy Education Noon–1:30 p.m.

Call Meghan Bush, (303) 824-5323.

April 12

DBA Board of Trustees 7:30–9:15 a.m.

Call Denise Lynch, (303) 824-5327.

CBA/DBA Legal Fee Arbitration Committee 3:30–5:30 p.m.

Call Richard Dyrland, (303) 824-5371.

April 16–27

Community Action Network Roll Out the Barrels Food Drive Call Kate Schuster, (303) 824-5312.

April 17

Community Action Network Noon–1 p.m.

Call Kate Schuster, (303) 824-5312.

April 25

DBA Coffee Talk 8–9 a.m.

Call Amy Sreenen, (303) 824-5311.

FOR THE PUBLIC

Pro Se Family Law Clinic Office of Economic Development 1200 Federal Blvd., Room 1018 5:30–7 p.m.

Call (720) 944-2594.

Legal Night at Mi Casa 360 Acoma St. 5:30–7 p.m.

Call (303) 573-1302.

April 17

Small Claims Clinic Denver City and County Building 1437 Bannock St., Room 164 11 a.m.–1 p.m.

Legal Night at Mi Casa 360 Acoma St. 5:30–7 p.m.

Call (303) 573-1302.

Family Law Legal Clinic Office of Economic Development 1200 Federal Blvd., Room 1018 5:30–7 p.m.

Call (720) 944-2594.

April 18

Diversity in the Legal Profession Committee 4–5 p.m.

Call Andrea Mueller Arias, (303) 824-5340.

To volunteer for the DBA Public Legal Education programs or for more information, unless otherwise indicated, contact Meghan Bush at (303) 824-5303.

April 10

Lawline 9 4–6:30 p.m.

Lawline 9 4–6:30 p.m.

Legal Night At El Centro De San Juan Diego 2830 Lawrence St. 5:30–7 p.m.

Call (303) 295-9470.

April 19

DBA Budget Committee Meeting 7:30–9 a.m.

Call Greg Martin, (303) 824-5317.

Waterman Fund Noon–1:30 p.m.

Call Janet Bauer, (303) 824-5319.

DBA YLD 6–7:30 p.m.

Call Amy Sreenen, (303) 824-5311.

April 4

April 10

Bankruptcy Clinic U.S. Bankruptcy Court 721 19th St. 1:30–3 p.m.

April 11

Lawline 9 4–6:30 p.m.

28 The Docket I April 2012

Pro Se Divorce Clinic 1437 Bannock St. Courtroom 22 Noon–1:30 p.m.

Collections Clinic Denver City and County Building 1437 Bannock St., Room 164 11 a.m.–1 p.m.

April 25

Bankruptcy Clinic U.S. Bankruptcy Court 721 19th St. 1:30–3 p.m.

Lawline 9 4–6:30 p.m.

ProBono

Recognition celebRation Friday, April 13 History Colorado 1200 Broadway, Denver

Join the Colorado Supreme Court in recognizing firms, solo practitioners, and in-house counsel for their ongoing pro bono commitment and achievement of an average of 50 hours per Colorado-licensed attorney in providing pro bono legal services during the 2011 calendar year.

Hard-hat tours of the new Ralph L. Carr Judicial Center star ting at 3:30 p.m.

Recognition Ceremony and Reception at History Colorado begins at 4:30 p.m.

For more details, contact Jill Lafrenz at jlafrenz@cobar.org or call (303) 824-5333.

RSVP to lunches@cobar.org or call (303) 860-1115, ext. 727.

make

history

Only you can.

www.MakeHistoryColorado.org

Celebrate with Us! DBA Member Appreciation Week • June 4–8

DBA members are so special to us that we have set aside the first full week of June to show our appreciation through free programs, giveaways, and networking events. We have prizes for getting involved, and prizes just for being you.

Hold on to your party hats—we want every member to get involved this week, so we have lots of fun (and free) things to offer!

Prizes: We have a few different prize categories listed below, and we will give a prize daily to a member drawn at random from our database.

Stories: Each day, a different DBA staff member will take the lead and ask members via Facebook and Twitter to step into the spotlight by talking about specific ways they are putting our membership benefits to work for them.

Trivia: Each day we will ask members via Facebook and Twitter a different historical legal trivia question. The first DBA member to answer correctly will win a prize!

Thanks: Join us in sharing your appreciation of other members or anything/anyone else using #DBAthanks and we will publish it in the July/August issue of The Docket.

Get Involved: During Member Appreciation Week, sign up for a DBA Committee, attend a program or event, or submit your story and get entered to win THE grAnD prizE! Events: We have a fun lineup of events to please every member.

Monday, June 4—Henry Hall Memorial golf Tournament and Silent Auction at Hiwan golf Club in Evergreen. Contact Alexa Drago at (303) 824-5313 or adrago@cobar.org.

Tuesday, June 5—DBA Annual Awards party at the Sherman Street Event Center starting at 5:30 p.m.

Wednesday, June 6—Annual Document Shredding and Electronics recycling at the DBA. Friday, June 8—Half-day CLE program. This is a complimentary program for our members. rSVp to lunches@cobar.org.

Visit www.denbar.org or call (303) 824-5350 for more inforamtion .

April 2012 I The Docket 29

Picture

THIS

Stacy Carpenter ‘Pinned’ at DBA Past Presidents’ Dinner Stacy Carpenter was welcomed as a Denver Bar Association past president at the DBA Past Presidents’ Dinner at Vita on Feb. 22.

Past presidents reconnect with each other at the annual event.

Past Presidents John Baker, Mary Jo Gross, and Bill Walters.

Stacy Carpenter received her past president pin from her father, Will Carpenter, who was served as DBA president 1978–79.

DBA President Ilene Bloom chats with past DBA President Bill Walters. Dana Collier Smith and her husband Greg Smith stand in the background.

30 The Docket I April 2012

DBA President-elect nominee Dan McCune poses with Mark Fogg, a past DBA president and Colorado Bar Association president-elect.

DBA Happenings Colorado Academy Sweeps Denver Mock Trial Tournament Colorado Academy Teams A and B came out on top at the Denver Regional High School Mock Trial Tournament on Feb. 10 and 11. Colorado Academy was one of seven high schools in the tournament, which also included teams from CEC Middle College of Denver, Denver Center for International Studies, Denver School of Science & Technology, Fleming High School, George Washington High School, and La Academia. Student teams argued a criminal case in front of a panel of Denver-area lawyers and judges. The two teams advanced to the Colorado High School Mock Trial Tournament, held March 9 and 10, placing seventh and ninth respectively.

Olivia Sanders, a student from the Denver Center for International Studies, won an award for outstanding witness. Students from DCIS participated in the mock trial tournament for the first time this year.

Read about the DCIS team at http://bit.ly/DCISMT.

Colorado Court of Appeals Judge Steven Bernard listens from the bench while Colorado Academy student Barry Linden speaks.

Colorado Academy student Petal Niles makes her argument in a courtroom at the Denver City and County Building.

CAN Toothbrush Drive Benefits 4,000 Children The Denver Bar Association’s 2012 Community Action Network’s Kids In Need of Dentistry Toothbrush Drive will ensure that more than 4,000 children will have access to orthodontic care. During the weeklong drive, Feb. 6–10, Denver-area law firms donated more than $5,000 in dental items, such as toothbrushes, toothpaste, and floss, as well as cash. This year’s top fundraising firm was Kilpatrick Townsend & Stockton LLP, which donated $356.

The DBA’s Community Action Network provides an opportunity for members to reach beyond the legal community to the Denver community at large and provide valuable legal, educational, social, and civic assistance to those in need. KIND serves the dental needs of children.

Patrick Thiessen and Robin Perkins, co-chairs of toothbrush drive, met at the Denver Bar Association to pick-up dental items donated by the legal community and deliver them to KIND. April 2012 I The Docket 31

Samuel GoRdon, eSq.

Hon. JameS S. milleR

elaine a.WoHlneR, eSq.

Hon. JoHn P. leoPold

Hon. RicHaRd d. TuRelli

SHeldon e. FRiedman, eSq.

Hon. HaRlan R. Bockman

Hon. TeRRi S. diem

JoHn e. HayeS, eSq

jams welcomes: Since 2010, Randall C. Mustain-Wood, Esq., has devoted his practice exclusively to mediation, arbitration, special master ,and other collaborative efforts, which are the core of a 21st century domestic relations alternative dispute resolution practice. His approach is multidimensional and multi-disciplinary and emphasizes creative approaches in all areas of family law disputes.

Prior to this, from 1979 to 2009, he was a litigator who limited his practice to family law. His emphasis during his litigation practice was high conflict children’s issues, complex spousal maintenance questions and high asset Randall C. Mustain-Wood, Esq property division. Randy’s extensive experience in family law brings a unique understanding of how to apply alternative dispute resolutions to the problems of divorcing families.

410 17th street, #1600 denver, co 80202 local: 303.534.1254 tollfree: 1.866.534.1254 32 The Docket I April 2012

The resoluTion experTs®