2014 July/August

A Denver Bar Association Publication I Vol. 36 Issue 7 I July/August 2014

Introducing DBA’s 2014–15 President

JOHN VAUGHT

A Veteran, Lawyer & Leader Focused on the Future

You know what your colleagues think about your case, but what does main street think?

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Vol. 36 Issue 7 I July/august 2014

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DBA’S 2014–15 PRESIDENT: JOHN VAUGHT WHO’S REPRESENTING YOU? Meet the New Members of Your Board of Trustees AN ETHICAL PRACTICE IN TODAY’S ELECTRONIC WORLD

The mission of The Docket is to educate and entertain the Denver legal community—we hope without being sued.

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INSIDE 9

Briefly

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Words of Wisdom

11

Coohills Bar Review

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Point: Why Lawyers Need to Stop Writing Like Eighteenth Century Barristers

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Counterpoint: The Importance of Being Prolix

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Book Review: Johnny Carson

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Denver Domestic Relations “Firefighters”

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West to the 32nd Meridian: Colorado Legislation

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Law Student Chronicles First Year Perspective: The Best is Yet to Come

IN EVERY ISSUE 31

Legal Affairs

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Briefs

32

Bar Resources

33

Dates on the Docket

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Picture This

The mission of The Docket is to educate and entertain the Denver legal community—we hope without being sued.

THE DOCKET

A Denver Bar Association publication. 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 December 16.

Editor: Courtney Gibb, cgibb@cobar.org Managing Editor: Heather Clark, hclark@cobar.org P.C. Editor: Chuck Turner, cturner@cobar.org Chair: Ryan T. Jardine Graphic Designer: Kate Schuster, kschuster@cobar.org Advertising: advertising@cobar.org The Docket Committee: Norman Beecher, Adam Brown, Becky Bye, Mariya Cassin, Craig C. Eley, David L. Erickson, Peter E. Grandey, Ryan T. Jardine, Thomas L. Kanan, Jr., Robert J. Kapelke, Paul F. Kennebeck, Gregory Lewis, Lauren Lockard, Natalie Lucas, Kyle Martelon, Alicia J. McCommons, Daniel R. McCune, Margaret McMahon, Douglas I. McQuiston, William R. Meyer, Makenzie Morgan, Barbara J. Mueller, Peter Mullison, Gregory D. Rawlings, Frank Schuchat, Julie Simmons, Marshall A. Snider, Daniel A. Sweetser, Erica Vargas, Anthony J. Viorst, Dennis P. Walker DBA Officers: John M. Vaught, President; Janet S. Drake, President-Elect; Catherine A. Chan, First Vice President; Matthew S. Larson, Second Vice President; Daniel R. McCune, Immediate Past President; Daniel A. Sweetser, Treasurer; Chuck Turner, Executive Director Board of Trustees Members: Erich L. Bethke, Gillian M. Bidgood, Jaclyn K. Casey, Richard L. Gabriel, Nicholas Ghiselli, Franz Hardy, Barbara J. Mueller, Lucia C. Padilla, Gerald D. Pratt

Visit Blog:

Write for The Docket: DBA members are encouraged to send story ideas, photos, tips, and articles for The Docket Committee’s consideration.

We are looking for content by Denver attorneys for Denver attorneys, focusing on trends, courts, and practice management, in addition to opinion and satire pieces.

Please send ideas and member announcements to Editors Heather Clark at hclark@cobar.org or Courtney Gibb at cgibb@cobar.org.

303-860-1115 • dbadocket.org Copyright 2014. The Docket (ISSN 1084-7820) 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.

DBAdocket.org 4 The Docket I July/August 2014

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.

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DBA’s 2014–2015 President

John Vaught: A Veteran, Lawyer, and Leader Focused on the Future of our Bar

I can’t imagine being anything other than a trial lawyer.”

B y Court ne y G ib b “I can’t imagine being anything other than a trial lawyer.”

John Vaught isn’t just saying that because he’s the new President of the Denver Bar Association. He’s the real deal. And he truly believes in the legal profession.

Vaught has always taken the law seriously, but his calling as a lawyer wasn’t so crystal clear. After serving as student body president and graduating from Stephen F. Austin State University in Texas with a degree in Business and Economics, Vaught joined the U.S. Navy.

Following his military training, he went to Vietnam for a year, and then was stationed in Naples, Italy. He served in the Navy for nearly six years before leaving active duty to attend law school.

He returned to Texas to study at St. Mary’s University School of Law. As an older student, Vaught says he “approached law school like a job.” He believes this is a critical component to excelling in advanced studies. In fact, he would give anyone considering going to law school the same advice he gave his

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three kids: “I told them not to A mentor is critical in the developgo to law school unless they’re ment of many of those characteristics. ready to be number one in their Vaught says that when he meets someone class. If you’re not committed to who doesn’t demonstrate a commitment that, don’t go.” to ethics, civility and professionalism, he As it turns out, none of thinks to himself: “Now there’s someone Vaught’s children are lawyers. who didn’t have a mentor.”

All three attended the UniverVaught emphasizes the imporsity of Colorado for undergrad. tance of guidance in the legal profession One son did follow in his milibecause he was fortunate to have amaztary footsteps, however, and is ing mentors along his journey. The late now a Naval Aviator. Another Judge Robert H. McWilliams Jr., for son is a financial analyst, and his whom he clerked after law school, was daughter is raising three beautione of the most influential men in his ful girls. life. He also cites Bill McClearn and And for all who did decide Charles Cantu as vital to his professional to go to law school, Vaught has growth. plenty of wisdom to offer about how to succeed in the legal world. He believes An Impressive Professional Path there are five traits to a good lawyer: After graduating summa cum laude 1. Good judgment and the self-confrom law school and clerking for McWilfidence to act on that judgment. liams, Vaught became an associate at This requires knowledge, experiHolland & Hart. He made partner there ence and mentors to help your after six years, and stayed with them for professional development. nearly 18 years before leaving to join 2. A commitment to relative perfection. You can’t put out a product every day with flaws or defects and expect to do well.

3. A commitment to hard work, while still maintaining balance in your life.

4. The ability to inspire confidence in others. You have to practice this daily on your colleagues and Vaught and law partners Ray Martin, and Mike O’Donnell at the clients.

“Walking for Kids” charitable event.

5. A focus on maintaining the highest level of ethics, civilGibson, Dunn & Crutcher. Currently, he ity and professionalism—this is a partner at Wheeler Trigg O’Donnell. requires a mentor as well!

“I had the opportunity to try a substantial case with John, and he is just a terrific trial lawyer,” says Michael

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where we weren’t exactly welcomed back to the U.S. with open arms.”

He strives to use his legal tools and knowledge to help veterans today, who, he says, we ask too much of. “When you send someone to war for three, four, five tours of duty—you’re asking too much.

No wonder our returning veterans have issues.”

Outside the Office (1) Son Mark and his fiancee, Amy Finch. (2) Son Brian , on the deck of the USS Carl Vinson. (3) Brian and his wife Jamie. (4) Daughter Brooke O’Donnell, husband Brady and daughters Emily, Caroline, and Anna.

The wonderful thing about this profession for me is that every day is different,” Vaught says.

“I get to know my clients’ business in a way I never could otherwise, whether it’s medical wiring or the super computer.”

O’Donnell, a partner and chairman at Wheeler Trigg O’Donnell. “He’s very strategic and a thoughtful, wise counselor to his clients.”

With so many professional experiences behind him, Vaught has a hard time narrowing down his favorite memories. He says that he has represented many amazing clients—both individual and corporate. He is currently National Counsel to USAA. Some of the legal fields Vaught practices include: anti-trust law, securities fraud, class action law suits and insurance. He appreciates the variety of his clients and their industries because it allows him to continue learning every day.

“The wonderful thing about this profession for me is that every day is different,” Vaught says. “I get to know my

Although Vaught wasn’t a pilot in the Navy, flying was always on his to-do list. So, a few years ago, he became a private pilot. The only problem now is finding time to fly!

“I have more interests than I have time,” Vaught laughs. “Luckily, many of them coincide with what Colorado has to offer.”

When Vaught was deciding where he wanted to build his career after law school, he only knew that he wanted to experience living somewhere other than Texas. He narrowed his prospective new home options to Denver or Seattle. His love of the mountains and outdoors led him to spend the summer between his second and third year of law school in Denver, which cemented his choice.

His hobbies include reading, golfing, fishing, hunting, and sailing. He also loves photography and travel. Italy,

clients’ business in a way I never could otherwise, whether it’s medical wiring or the super computer.”

As a Vietnam veteran, Vaught’s military past has also driven his professional path. He was very involved with the development of Colorado Lawyers for Colorado Veterans (CLCV), along with Mark Fogg, former Chief Justice Michael Bender and Ben Currier. Created in 2011, CLCV is part of the CBA Military & Veterans Affairs Section, and is focused on setting up clinics around the state where CBA volunteer lawyers meet with veterans who need legal assistance but cannot afford it.

“I have always felt this incredible empathy for veterans,” Vaught explains. “This was really born out of the experience I had after Vietnam, Grand Lake, Colorado where Vaught has a vacation home.

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Egypt and France are among his favorite travel destinations, but if he could hop on a plane tomorrow and go anywhere, he’d pick Turkey.

Between all of Vaught’s outdoor activities, he still finds time to heat up the kitchen. He enjoys cooking and entertaining, especially when it comes to Italian food. Living in Italy while in the military led him to cultivate an appreciation for meal presentation. And if you ever run into him at the airport, you’re likely to catch him reading a culinary magazine over The Docket (gasp!).

Vaught didn’t mention fashion as one of his personal interests, but colleague and friend Michael O’Donnell let it slip that Vaught just might be the “best dressed lawyer in Denver—or at least at our firm!”

The Future of the DBA During his term as President, Vaught wants to emphasize the value that Bar Associations bring to the practice of law—namely, the personal relationships and networking opportunities that cannot be matched by phone or computer.

He wants to focus on a return to personal interaction over technological communication.

“Ultimately, success as a lawyer is

about personal relationships as well as legal skills,” Vaught says.

He believes the best place to start with this initiative is the future of our Bar: young lawyers. He aims to increase membership in the DBA Young Lawyers Division 15% in 2015. To do so, he wants to meet law students while they’re studying to become lawyers, renew the annual YLD meeting to help facilitate relationships and become more involved with cutting-edge legal issues and events.

Along with encouraging increased engagement among members and Vaught and law partners Hugh Gottschalk and Mike O’Donnell along with WTO staff member Liz Martinez, at a charitable growing the DBA YLD, Vaught breakfast at the Gathering Place. would like to continue expanding the veterans program and clinics, professionalism within the practice of and promote the importance of mentorlaw, and the Denver Bar Association is ing alongside John Baker, Director of the the perfect vehicle to do that. He is the Colorado Attorney Mentoring Program. perfect president to achieve this—to “ The future of our profession make professionalism more relevant and depends on the perpetuation of profesimportant to more people.” sionalism, ethics and civility,” he says.

If Vaught’s hard-work ethic and “That can only be passed down on a perintense professional drive are any indison-to-person basis.” cation of the impact he will make as Hugh Gottschalk, partner and President, the Denver legal community President at Wheeler Trigg O’Donnell is lucky to have him as a leader! D reiterated Vaught’s compassion for the legal profession: “He is deeply committed to maintaining and enhancing

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Briefly “You form the foundation of our day-to-day lives. It’s back-breaking, and often there’s not much glory in it. And in that way, a lot of you will become the quiet heroes of our country. However, those of you who go on to work for Big Pharma and Phillip Morris, you will become the loud antiheroes, and someone is certain to make an AMC series glamorizing you, so congratulations.”

Mindy Kaling, in her graduation speech at Harvard Law School

In the article “5 Writing Mistakes That Drive Judges Crazy,” Law360 asked prominent judges for legal writing advice, and this is what they said:

• Cut the Fluff • Think Hemingway, Not Proust • Get to the Point • Keep It Professional • Avoid Excessive Legalese —bit.ly/UbN3F9

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Comments & Social Buzz On “Life Hacks & Other Grave Subjects,” by Craig Eley:

“Craig, Great article! It’s nice to get a laugh at least once a day. You never fail us.”

“Thank you for the mighty funny article, Craig. I really needed something laugh-out-loud funny today!”

Facebook Fanfare: “Life Hacks & Other Grave Subjects” received the most LIKES this month

Top Tweeted: “Career Hack: Valuable Advice for Women in Law” July/August 2014 I The Docket 9

Wordsof WISDOM from the Docket Committee How do you “disconnect” from work during vacation?

Mackenzie Morgan Morgan is a senior associate at Childs McCune LLC specializing in commercial litigation and risk management.

Doug McQuiston Doug McQuiston has been a lawyer in Colorado for more than 30 years. He is a member, contributing writer, and past chair of The Docket Committee.

Being able to truly unplug for me is entirely dependent on having an awesome team that can step in and handle things while I recharge somewhere with an umbrella in my cocktail. When it comes to disconnecting, I am my own worst enemy. Having a solid team who understands and values the clients just as much as I do allows me to take that much needed vacation… without email. (And it doesn’t hurt to go somewhere without a signal!)

Sorry to say, I don’t entirely “disconnect.” Instead, I find a slack minute or two at the end of the day of touring, etc., to take a quick look at my email to be sure there is nothing on fire. Then, I put the iPhone down and get back to vacation with no worries. It helps me enjoy the vacation without the dread that something is exploding back in the office. Counterintuitively, I have found this is the most enjoyable way for me to enjoy the time away from work without dreading the return.

to The Docket wants

dventures! publish your a We are looking for member travel photos to include in a new feature. Please email pictures to cgibb@cobar.org, with a location and brief description.

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Craig Eley Former Docket Chair and former DBA President, Eley works as an administrative law judge.

I go to the Moab, Utah area for the stillness of Canyonlands’ Grand View Point Overlook at sunset.

It is rare that anyone else is there at dusk, since it’s an hour drive back to Moab.

The sinking sun sets the red rocks, which tell stories millions of years old, afire. Thousands of feet below me I can see the blue (OK, brown) of the Colorado River, fringed with green vegetation. If I’m lucky, the expansive blue sky may be visited by a storm cloud over the far off mesas. It is quiet, the way only a desert can be.

Denver Law’s Clinical Programs110th anniversary and Prof. Howard I. Rosenberg’s retirement celebration were a huge success. Please join us in thanking our event sponsors!

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· David Drucker · Professor Jeff Hartje · Jack Hobaugh, JD’07 · Matthew Keller, JD’11 · Minoru Yasui Inn of Court · Prof. Howard Rosenberg & Kristen Dutton, JD’77 · Prof. Laura Rovner · Karen Steinhauser

Coohills Bar Review Coohills, 1400 Wewatta Street, 303-623-5700, coohills.com B y K ei t h Le w is

Oskar Blues, Upslope and Avery. The bar also features a wide selection of Great Divide in bottles, plus an encyclopedic wine list boasting several American varietals along with a few international favorites showcased in the mix. If cocktails are your thing, choose from nearly a dozen house drinks always crafted with fresh ingredients. And don’t forget the sangria!

Never afraid of sampling several dishes, our committee ordered a half-dozen plates to enjoy the plethora of what Coohills has to offer. The herbed nuts and Castlevertano olives got us talking, but the Wagyu sliders shut us up. The sliders are a “must order.” The shoestring-thin pommes frites were another popular side at our table. The whipped chevre spread on grilled sourdough was also a hit. Although our group focused on the happy hour menu, the dinner menu boasts duck, steak, and lamb, salmon or scallops, and vegetables to round out the meal. Lastly, no French dinner is complete without the experience of classic dessert menu offerings and Coohills’ assortment of sweets will leave you satisfied.

Regardless of whether you visit Coohills for happy hour and light apps or for a full-course dinner, you will delight in the freshness, the creativity and the taste that make Coohills a surefire stop for any downtown diners looking to try something unique and delicious. Merci, Coohills! D

Coohills occupies an active and bustling corner of L o Do n e a r 1 5 t h Street and Wewatta.

The laid-back mood and proximity to nightlife makes Coohills the ideal dinner location to start your night out in downtown Denver. After your meal or drinks, you have only a short walk to the Pepsi Center, the new Union Station, or a host of other hotspots downtown.

On a nice evening, patrons have the option of dining on the large, pleasant, west-facing patio set back from Speer across the river. If you instead choose to dine indoors, there are both smaller intimate tables and large community tables reminiscent Keith Lewis is a Colorado and Georgia licensed attorney with a of a farm house. The wait staff is friendly and their service out100% trial and appellate litigation practice located in Denver. standing.

According to Coohill’s website, Chef Tom Coohill “began his love affair with French cuisine” while studying in Kentucky. The Docket Committee began our own love affair with his unique culinary creations last week.

Styled as Colorado-grown but Frenchinfluenced, this hip restaurant serves up everything from sliders to duck confit.

Our committee ordered a round of locally brewed draft beers, including Marshall Snider, Kate Schuster, Adam Brown, Courtney Gibb, Becky Bye, Suzanne Snider, Keith Lewis, and Ryan Jardine.

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Point: WITNESSETH1 Our Profession Modernizing Our Drafting Practices: Why Lawyers Need to Stop Writing Like Eighteenth Century Barristers B y K ei t h Le w is It’s 2014. You’re in your high-rise office on the twentieth floor with an abundance of modern conveniences at your fingertips. Your iPhone keeps your calendar, accesses your email, offers texting and telephone conversation with virtually anyone in the world, and otherwise performs half the job of a legal secretary fifty years ago. No typewriters or quills are used in this office. So why do attorneys insist on drafting documents like we are in character for a Charles Dickens yarn?

C.R.C.P. 8(e)(1) (“each averment of a pleading shall be simple, concise, and direct” and “no technical forms of pleading or motions are required”).

Likewise, we often needlessly expand drafting projects by inserting meaningless provisions into agreements, such as: “Counterparts. This Agreement may be executed simultaneously in any number of counterparts. Each counterpart shall be deemed to be an original and all such counterparts shall constitute one and the same instrument.”

Are we truly worried about liti-

“Doing something without an articulable reason is unfortunately a notion that tends to haunt the legal profession with particular frequency.”

Tradition has its place. We should absolutely respect tradition as a foundation on which we have built our profession, but “tradition is a guide, and not a jailer.2” Doing something without an articulable reason is unfortunately a notion that tends to haunt the legal profession with particular frequency.

Many of us in drafting a complaint will employ the placeholder paragraph between each stating: “Plaintiff hereby restates and incorporates paragraphs 1-12 of the Complaint as if fully restated herein.”

Do we really believe that leaving out this nonsensical paragraph will render our pleading insufficient? See, e.g.

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gation involving non-simultaneous acknowledgment of a contract, or are we instead blindly following tradition without thoughtful reasoning? I think it is often the latter, and it would drastically improve our professional image if we adapt to modern business and modern life. These two examples are merely a sampling of the several antiquated drafting practices used by lawyers. If we can root out wasteful and meaningless practices such as these, our profession would regain a deserved recognition of value from the business community and would improve our efficiency at work.

A major complaint that other professionals have about lawyers is that

we cannot help but turn a simple transaction into a fourteen-page contract with difficult-to-understand provisions, which can often threaten the deal. It’s typically overkill. While our mission is to zealously advocate for the interests of our clients, it is often contrary to our clients’ interests to insist on needless boilerplate without articulating a legitimate risk that our verbosity purports to tame.

Maybe there are situations where one really needs a provision that the contract can be executed in counterparts, but a lawyer’s preference should be exclusion of boilerplate unless there is a good reason to include it. Often, our view tends to be the opposite. We delete boilerplate only for good cause, while inclusion is our default position.

Certainly, detractors from this philosophy will note that lawyers are trained to protect legal interests and that lengthy contracts with potentially overblown boilerplate should be our goal because the litigation issues are never apparent at the drafting phase. However, we are not robots. We have a duty to our clients to use some professional discretion.

We must use our extensive training and discretion to tailor each matter to our clients’ needs. If we are just throwing fifteen pages of boilerplate into a contract or pleading, our clients are no better off than if they simply copied a form from the Internet. Our discretion and specific analysis is where our value lies.

May I suggest that the next time you are drafting a pleading or a transactional document you consider whether your document comports with the modern business environment or whether it needlessly compounds the paperwork without good reason.

Keith Lewis is a Colorado and Georgia licensed attorney with a 100% trial and appellate litigation practice located in Denver. _________________________________ 1 Nolo’s Plain-English Law Dictionary defines witnesseth as “Legal jargon for ‘to take notice of,’ used in phrases such as ‘On this day I do hereby witnesseth the signing of this document.’”

2 W. Somerset Maugham.

Counterpoint: The Importance of Being Prolix B y C r aig E le y “Prolix” is an adjective defined as: Using or containing too many w o r d s ; t e d i o u s l y l e n g t h y, long-winded, verbose, wordy, pleonastic, discursive, rambling, long-drawn-out, overlong, protracted, interminable.

I agree with my Docket colleague Keith Lewis when he rails against lawyerly “verbosity” (although I am definitely going to work “pleonastic” into some conversation, somewhere), but I must take issue with his premise that an attorney’s default position should be to eschew boilerplate language “unless

it commands authority. Compare, for example, “thou shalt not steal” to “don’t steal.” Along these lines, it is worth noting that the King James Bible is, after 400 years, still among the most popular versions of the Bible in the U. S., coming in second in sales, despite competition from those drafted in what Keith might call a “modern business environment.”

Not apples to apples? The Bible contains hundreds of laws, and many covenants (contracts) between the common people and one pretty important party of the second part.

Perhaps just as crucial, boilerplate language, which has been used for decades or centuries, is tried and true,

“I believe strongly in customer service, and I think many of our clients expect and want their attorneys to hold forth in incomprehensible Norman English and ancient Latin.” there is a good reason to include it.”

Keith implores us to “stop writing like eighteenth century barristers.”

However, I believe strongly in customer service, and I think many of our clients expect and want their attorneys to hold forth in incomprehensible Norman English and ancient Latin. Admit it, who doesn’t thrill to the “Oyez, Oyez, Oyez!” which opens a session of the United States Supreme Court, or the vision of a chief justice’s purple chevrons upon a robe of black satin. I submit that the majesty of the law is not just for those lawyers on the Supreme Court; it is also for those lawyers on Court Place, who toil amidst the earthy fumes of the mall bus wafting through the air intakes.

Keith includes as a footnote within his article’s title (a contrivance, I must point out, never before seen in a Docket headline) the definition of that good old standby, “witnesseth.” It turns out it simply means “observe” or “witness.” But those three extra letters add, to my ear, a certain poetry. A poetry worth maintaining, and certainly worth billing for.

Archaic language is not only poetic,

and has been interpreted by courts until we know exactly what it means. Thus, its use should arguably be the first, not the last, choice of lawyers. By unfortunate example, although we have, over the last hundred years, been the beneficiary of many Colorado appellate decisions which have defined the word “shall” as it appears in statutes, our legislature has recently decided to replace that word with the more folksy “must.” So, we can look forward to another century of litigation mincing the various shades of “must.” Perhaps this “must” is sour grapes, since I am particularly satisfied with the existing meanings of “shall.”

This is because our courts have determined that when a statute provides that a citizen “shall” do something, it is mandator y. How-

ever, when describing the duties of a public servant such as myself, “shall” means something like “maybe do it when you get around to it—no pressure.”

I dug around for a definition of “boilerplate,” and although I am not stooping to put it in a footnote, I offer it here from West’s Encyclopedia of American Law: A description of uniform language used normally in legal documents that has a definite, unvarying meaning in the same context that denotes that the words have not been individually fashioned to address the legal issue presented.

See? What we are going for in legal drafting is “definite, unvarying meaning.” While Keith dismisses boilerplate and declares that “We must use our extensive training and discretion to tailor each matter to our client’s needs,” I argue that doing so will only get us in trouble. Leave discretion to the judges, who cannot be sued for malpractice.

Further affiant sayeth naught. D Craig Eley is an administrative law judge who enjoys a prolix brief as much as the next jurist. They can be forwarded to craig.eley@state.co.us.

July/August 2014 I The Docket 13

Who’s Representing You in 2014?

Meet the New Members of Your Board of Trustees Janet Drake President-elect

Please tell us a little bit about yourself, personally and professionally:

I am a Denver native, but moved around a lot as a child. My parents are Canadian, and currently reside in Canada.

I also have a twin brother who currently lives in the Denver area. I graduated from Littleton High School in 1986. My undergrad degree is from the University of Denver (1990), and my J.D. is from the University of Colorado (1996). Todd Drake and I started dating in law school, and we’ve been married since 1997.

I started my legal career in private practice at a small firm that specialized in Federal Employers’ Liability Act litigation. After eight years with that firm, I transferred to the complex commercial litigation section at Brownstein Hyatt and Farber. In 2006, I had the opportunity to join the Special Prosecutions Unit at the Colorado Attorney General’s Office, and I have enjoyed my work as a criminal prosecutor in that capacity for the past eight years. As a prosecutor for the Attorney General’s Office, I primarily work on complex multi-jurisdictional cases. My case load is diverse and includes Colorado Organized Crime Control Act cases, economic crimes, and human trafficking. Additionally, I have been quite involved with the Denver Bar Association (YLD Board; DBA Board of Trustees), the Colorado Bar Association (Criminal Law Executive Council) and the Colorado Women’s Bar Association (past president). Todd and I both enjoy skiing, golf and travel when our schedules permit.

What advice would you offer to a new lawyer?

Here are three pieces of advice for new lawyers: (1) Find a mentor who has a good reputation as a person and an attorney. (2) Be professional and courteous to everyone. (3) Be prepared.

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If you weren’t practicing law, what would you do?

If I were not practicing law, I’d be traveling around the world.

Catherine Chan First Vice President

Please tell us a little bit about yourself, personally and professionally:

I started out in solo practice until 2010, when I added attorneys and staff.

Currently, we are a team of seven professionals. We primarily serve clients in all aspects of immigration law, including litigation and appeals. We also handle post-conviction criminal appeals and federal civil matters on behalf of our clients.

My husband, criminal defense attorney Pete Hedeen, offers perspective and knowledge to me on legal issues, and longterm career goals. At home I balance our two-year-old identical twin boys on one arm (not literally, they weigh too much), and a hot cooking pan or a book for pleasure on the other arm. Keeping my focus on the moment, I find a lot of laughter and joy.

What advice would you offer to a new lawyer?

I can offer three recommendations to new lawyers in developing their practice: First, I recommend that new lawyers seek opportunities to volunteer and to network. Pro bono practice opens many doors, both professionally and personally.

Second, new lawyers should get involved with as many committees and organizations in their bar associations and in the legal community as possible. Their fresh perspective, eager disposition and willingness to learn are assets that are in high demand. And finally, I recommend that new lawyers seek mentors in their fields of practice. The mentors don’t have to be in the same firm. Mentors can provide practical expertise and guidance for the young lawyer throughout their career.

If you weren’t practicing law, what would you do?

The practice of law is my calling. I knew in high school that I wanted to be a lawyer. Every day I am thankful that I have been given this immense privilege and opportunity to help others. If I won the lotto, I would add staff to try to help more people.

If I were to take on a third career (in addition to being a lawyer and a mom), I would choose a field that allows for fun with details, like interior design or wedding planning.

Matt Larson

Second Vice President

Please tell us a little bit about yourself, personally and professionally:

I am an energy and environmental regulatory attorney at Wilkinson Barker Knauer LLP based in Denver. I work on regulatory matters before public utilities commissions and counsel clients regarding compliance with applicable environmental regulations. Outside the law, I live in Denver with my wife Ilana and 2-year-old daughter Sophia. Ilana is an accountant and Sophia is a selfemployed expert on everything.

What advice would you offer to a new lawyer?

This answer assumes I qualify as a non-new lawyer. My advice would be to show initiative and be responsive. This applies with regard to client matters, bar involvement or any other community involvement.

If you weren’t practicing law, what would you do?

I think I would like being an expert witness. My only limitation is that I am not really an expert on anything. Fortunately, if and when I make a career change, I have Sophia to get me up to speed.

Gillian Bidgood

Board of Trustee Member

Please tell us a little bit about yourself, personally and professionally: I am a Denver native. I live in Stapleton with my husband and two children.

I am with Polsinelli.

I have been practicing for 11 years and my practice focuses on employment litigation and advice.

I mostly represent employers and I really like that solving employment issues draws on my interest in psychology and behavior.

What advice would you offer to a new lawyer?

Find an area of the law that you truly enjoy. You may not love everything you do every day, but you will be more satisfied and more successful if you enjoy most of what you do.

If you weren’t practicing law, what would you do?

I would pursue something in the performing arts, such as musical theater. I spent a lot of my time growing up performing and I still love having an audience!

Franz Hardy

Board of Trustee Member

Please tell us a little bit about yourself, personally and professionally:

I am a proud born and raised Coloradan. I went to school at Colorado State University and the University of Colorado Law School. I am married and have two children. Professionally, I am a partner at Gordon & Rees LLP where my practice includes business dispute and insurance litigation, including the representation of lawyers and law firms in professional liability matters. I feel involved in and connected to the Colorado legal community, including recently serving as president of the Asian Pacific American Bar Association of Colorado, recently serving as a board member of the Center for Legal Inclusiveness, and serving as a current board member of the University of Colorado Law Alumni Board. I also serve as chair of Gordon & Rees’ firm-wide diversity committee.

What advice would you offer to a new lawyer?

The legal world has changed from

when I graduated law school in 2000.

Finding employment and achieving success as an attorney is more challenging than ever. However, the advice of building and maintaining a strong network of contacts through involvement in the legal community remains important, if not critical. The legal community is relatively small and who you know matters.

Your network is the best way to ensure you have opportunities in a changing and challenging legal climate.

If you weren’t practicing law, what would you do?

I am always impressed by those who have the ability to do many different things at the same time, like Benjamin Franklin. If I had the time (and assuming talent), I would write a book, invent something, run a small business, get more involved in government, teach, and travel the world. As it stands, the practice of law (and fatherhood) is a full-time endeavor in and of itself!

Gerald Pratt

Board of Trustee Member

Please tell us a little bit about yourself, personally and professionally:

professionalism are in the practice of law.

Therefore, I devote a significant amount of my practice to legal ethics and representing attorneys in professional liability and ethics matters. Personally, I love to do marathons and triathlons. I couldn't be prouder of the three children my wife, Patty, and I have: Caitlin, a credit analyst with Bank of the West; Patrick, a Program Manager for the Colorado Association of Commerce and Industry; and Shannon, Consumer Clubs Coordinator for the Cincinnati Reds Major League Baseball team.

What advice would you offer to a new lawyer?

Don't take yourself too seriously, strive to see things from other people's perspectives, not just your own, and continue to grow.

If you weren’t practicing law, what would you do?

Build bridges (I was a civil engineer before I became a lawyer), and then run and bike over them and swim under them. D

I grew up in Denver, lived by Washi n g ton Pa r k , a nd attended St. Vincent de Paul Grade S cho ol and Re g is High School. I earned my Civil Engineering Degree from the University of Colorado at Denver, after which I worked for the federal government in Janis Cella Dan Himelspach Pierre, South Dakota and Dallas, Texas. I 23 Years of High Quality returned to Denver Dispute Management Services for law school at DU, during which I studied international law in Paris one summer. Challenges are what get me going.

Professionally, I love trial work—both civil Freddie Alvarez Todd Mackintosh and criminal. Also, I learned early on from 1801 Williams St. Ste. 100 the various attorneys www.DisputeManagementInc.com Denver, CO. 80218 info@DisputeManagementInc.com I worked for how (303)321-1115 important ethics and July/August 2014 I The Docket 15

An Ethical Practice in Today’s Electronic World An attorney’s thoughts on surviving the onslaught of social media and technology B y J udi t h R o senblum

A

funny thing happened on the way to my law office. Everything changed. When I first began practicing law, there were some attorneys to whom I wrote detailed, longhand, cursive letters. Granted, these attorneys were not from my generation, but I enjoyed the careful consideration and use of descriptive adjectives in that process. Fast forward to 2014. We are working in an extraordinary time of innovation and lightning-fast communication. At the same time, as attorneys, we are hired for our careful, and hopefully, meticulous, thought processes. As an intellectual property attorney, I’m torn. I am the “geek.” To my husband’s chagrin, I am the girl who’d rather compare car engines than jewelry. I’d rather have a new computer than clothes. Technology is remarkable. Our files are at our fingertips. We can conduct business in powerful ways, meeting with our clients throughout the world using video conferencing. Compare today to a short 50 years ago, when the first commercial version of the fax machine came into use.1 1 In 1964 Xerox Corporation introduced LDX, considered the first commercial version of today’s fax machine (Fax Authority, 2011–13), faxauthority.com/fax-­‐history/.

16 The Docket I July/August 2014

I remember when the government office I worked in received its first fax machine in the late ’70s—where we placed the telephone headset into a contraption and prayed for a connection. The ensuing fax on rolled-up, flimsy paper was unreadable a few months later. In the early ’80s, clients had to consider the cost of long-distance telephone bills in sending facsimile transmissions overseas. Then, in the late ’80s, commercial Internet service providers started to pop up. I remember having a Web page when few others knew what the Internet was. Proof positive. I’m a geek.

Our technological advances have given us amazing tools, but do we always use them wisely? Have our ethical obligations changed with our technological advances?

The practice of law moves at a fast clip. Clients expect immediate turnaround on projects. Everyone is used to the broad availability of information and instant communication. We type briefs, we email our clients, our calendars are electronic and our research is online. The U.S. Postal Service, and even overnight delivery, is derisively given the moniker “snail mail.” But all this technology, as helpful in eliminating paper and speeding up our communication with others, is a tool; it is not the practice. Our practice is one of ideas, carefully considered principles, people and our communities. Our obligation to our practice, our clients and our community has not changed, regardless of technology.

I cannot count the number of times I have received an email from an attorney that was not meant for me. I can, however, count how many times I have received snail mail not meant for my office. Twice. In 26 years. Our computer has replaced

We have removed the separation between our private time and public time.” the Rolodex card file.

I have 12 contacts in my computer system with the first name “Steve.” Email autofills information as we type. Our minds are multitasking the other 10 matters that need to be completed after the email is sent. How often do we fail to print a draft, review it and then send the email?

Of course our ethics rules are catching up to our technology, but the general obligation has not changed. Attorneys must make “reasonable efforts to prevent access or disclosure” of client confidences.2 “The attorney must exercise reasonable care to guard against the risk that the medium of the communication may somehow compromise the confidential nature of the information being communicated.”3 We need to take a step back, re-review our work, and confirm the correctness of each and every portion of our communications. We can put our minds at ease that our email has not gone astray by using the ‘return receipt’ function available in so many email programs.

Even with this careful review, email may inadvertently be sent to the wrong person. If an attorney believes a confidential communication is not secure or has been sent in error, the sending attorney must inform the intended recipient of the error and should contact the actual recipient to request destruction of the email.4 The ABA has gone further and requires lawyers to prevent “unauthorized access by third parties.”5 Prevention is a difficult standard. It is absolute. As an example, most law offices have servers that store client information. If computer-savvy individuals can steal millions of dollars in bitcoins or take over 2. ABA Model Rule 1.6, comment 18. See also, Colo. RPC 1.6.

3. Colo. RPC 1.6, CBA Formal Ethics Op. 90 (1992). Encrypted email is not required (ABA Formal Op. 99-413 (1999)) for attorneys to maintain the confidentiality of communications because the existence of the Electronic Communications Privacy Act makes unauthorized interception of email illegal. 18 USC Sec. 2510.

4. Colo. RPC 1.6, CBA Formal Ethics Op. 90 (1992).

5. ABA Model Rule 1.6, comment 18.

government computer systems, how can we keep our clients’ confidential information under lock and key? How can we absolutely ‘prevent’ unauthorized access? Fortunately, Colorado has not adopted this standard.

To alleviate some of these concerns, we can purchase encryption software. This software can be used on laptops, small USB drives and other equipment. Without it, a dishonest soul could take a hard-drive, attach it to a different computer and access stored files without a craftily considered password barring that access.

In addition to computers, mobile devices are a necessity.

What was once used only in our cars for emergencies is now our equivalent to a pacifier. We have removed the separation between our private time and public time. Our clients call ‘after hours’ because they know how to reach us. Our mobile devices contain our texts, emails, Facebook accounts, Twitter accounts and more. I am guilty of waking up and immediately checking my email on my iPad by my bed. I trick myself into thinking I’m saving office time by responding to emails before I get into the office. Studies have shown that our dopamine levels (controlling pleasure systems of the brain) increase as we search emails, tweets, texts and the Internet. That dopamine level increases even more when the information we view is small so that it doesn’t satisfy us.6 These bits of information make us feel wanted. In some cases we are even addicted to our devices and information. But is it healthy? Does it reduce our ability to concentrate? Does it diminish our ability to problem solve?

Whether the proliferation of electronic communications reduces our ability to be good lawyers is a topic much bigger than can be resolved in this short article. Nonetheless, no matter what type or quantity of technology we choose to use, we

6. “Brain Wise,” Weinschenk, Psychology Today, (9/11/12).

July/August 2014 I The Docket 17

need to maintain the confidentiality of our clients’ information.

Fortunately, we can—and should—password protect our digital phones, computers and mobile devices to access information.

Also, we should make use of any available function to locate a lost phone or device and erase all data on it.

These issues are the same with Internet access, server access and shared networks. We need to stay abreast of existing technologies to protect access to our information. This includes passwords, limiting permissions (access), virus protection, encryption technologies and firewalls. Even if we are unaware of how to complete these tasks, we are obligated to hire someone to help institute these protections.7 These are all reasonable steps necessary to protect our clients’ information in this fastpaced, technological time.

After many years as a solo practitioner, while I raised my brood, I recently “opted back in” to the practice of law in a firm with intelligent and creative intellectual property attorneys. I have always considered myself pretty good with technology, fixing odd problems for all the members of my family, replacing parts in my computers and whatnot. But that was technology that I had researched, installed and with which I had tinkered.

I now find that I spend an inordinate amount of time trying to figure out why programs freeze or information mysteriously 7. Supervising attorneys have a duty to make reasonable efforts to ensure the firm has appropriate technology and systems in place to control the transmission of metadata.” RPC 5.1; RPC 5.3, Formal Opinion 119. “Attorneys must exercise reasonable care to guard against the risk of confidential information being communicated to others.” Formal Opinion 90.

duplicates. I’m not as savvy as I once imagined. Times have changed and are changing at an incredibly fast clip. No sooner do we get used to one technology than another is introduced.

Maybe it’s my age (and the Millennial Generation may disagree) but we need to call a time-out to all the technology we are so drawn to if it impinges on our intellect. Try it. Take an afternoon off, away from the computer. Reduce the dopamine in your brain. Take out a yellow pad and pen. It is empowering —even if technology is still ridiculously, fabulously addictive.

It is simpler. In the meantime, we need to remember that, as attorneys, we are responsible for protecting our clients’ confidential information, whether that means not discussing client business in public places or something more complicated such as maintaining appropriate technology to ensure metadata is not transmitted with our email missives.8 Technology is the tool, not the practice. D Judith Rosenblum has practiced law in the intellectual property arena for more than 26 years. As Senior Counsel with HolzerIPLaw, PC, her practice emphasizes the development and protection of each client’s unique intellectual property portfolio. She may be reached at 720-684-5375 or jrosenblum@holzeriplaw.com.

8. CBA Formal Ethics Op. 119 (2008).

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18 The Docket I July/August 2014

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Book Review: Johnny Carson B y F r ank S chuch at Almost anyone living on the North American continent in the 1960s, ’70s, and ’80s who appreciated a good laugh, had access to a television set, and was still awake after prime time can testify to the quick-on-the-draw wit and immense appeal of Johnny Carson.

I paid $28 for my hardcover copy of Henry Bushkin’s book “Johnny Carson” because I wanted to know more about Johnny. What I got for my money was the story of Henry Bushkin, who was Johnny’s personal lawyer and more from 1970 to 1987.

Johnny had a running bit in his monologue about the crazy money-losing ideas pitched by his lawyer, whom he referred to as “Bombastic Bushkin.”

If you look that up in your Funk & Wagnall’s, you will find that synonyms for “bombastic” include “pompous” and “pretentious.” You will also see that “well written” is one of the antonyms for “bombastic.”

Johnny was partly right. Mr. Bushkin does come across on the page as perhaps more than a little pompous and pretentious. But, his book is well written and I enjoyed reading his story.

As a lawyer myself I must admit I was a bit uneasy when Bushkin tells us all about private conversations he had with Johnny that were obviously covered by the attorney–client privilege.

However, it’s clear that Bushkin is a skilled attorney. Shortly after he was first retained, his client called him at home at 2 a.m. and directed him to come to Jilly’s New York City saloon, where an intoxicated Johnny launched into a melancholy monologue about his mother, his drinking and what a lousy husband he was to his first two wives. The next day, a sober Johnny called Bushkin for assurance that he can trust his new lawyer not to reveal

matters relayed in confidence. His new lawyer replied: “I’m your lawyer; everything that is said between us is confidential and covered by the attorney–client privilege. I would lose my license if, during your lifetime, I repeated it to a soul.”

My standard client engagement letter doesn’t have that “during your lifetime” qualification. Of course, as much as I like and value the clients who have entrusted me with their legal business over many years, none is of sufficient public interest that I could get even a modest advance for a book about any of them.

Bushkin writes that soon after he was introduced to Johnny, he “was acting as his attorney, agent, personal manager, business manager, public relations agent, messenger, enforcer, tennis partner, and drinking and dining companion.” How do you bill for that?

Bushkin, who had by that point founded a successful Los Angeles law firm, continued to enjoy what he says was a very fulfilling career in law and business. Indeed, Bushkin writes about the post-Carson phase of his professional life that he found “working for savings and loans and banks to be as rewarding and fruitful as working for Carson.” I don’t buy it.

It is natural to expect a lawyer’s memoir about a former client who fired the lawyer (and who launched an unsuccessful but expensive and timeconsuming malpractice case against his law firm) to be at least a little bitter. And this book has that aspect.

Bushkin offers the reader some sad and sordid details about Johnny’s drinking problem, his neglect of his several wives and three children, and his many casual affairs. (In the book’s index, there are nine separate page references under

Bushkin writes that soon after he was introduced to Johnny, he “was acting as his attorney, agent, personal manager, business manager, public relations agent, messenger, enforcer, tennis partner, and drinking and dining companion.” How do you bill for that?

There are some valuable lessons for lawyers to be found in this book. For example, when on the eve of his third wedding, your very wealthy, consistently non-monogamous client instructs you to tear up the pre-nuptial agreement you had carefully drafted to protect him in the event of a divorce, get that in writing.

Bushkin wants us to know that he did a very good job protecting Johnny in the years he handled his business affairs.

And he probably did. After giving a cut to his agents, advisers and ex-wives, Johnny was not able to put much money in the bank before he retained Bushkin.

But with Bushkin’s assistance, Johnny became one of the richest men in show business.

Nevertheless, Johnny dismissed Bushkin summarily in 1987, when he suspected that Bushkin had put his own interests ahead of his client.

“infidelity” along with the notation, “see also Las Vegas and specific individuals.”)

But women, and audiences, loved Johnny Carson because he could make people laugh. And that is no small thing.

Bushkin attributes what he regards as Johnny’s personal failings to the fact that his mother was always emotionally distant and often cruel to her son (and to everybody else in the family).

But that diagnosis seems too simple. To understand what made Johnny Carson who he was it might be better to consult the works of Dr. Sigmund Freud, and in particular his 1905 book, “Jokes and their Relation to the Unconscious.” But I can attest that Bushkin’s book is a more enjoyable read. D Frank Schuchat practices international trade and business law and performs standup comedy, although not at the same time.

July/August 2014 I The Docket 19

Denver Domestic Relations

“Firefighters”

B y Jame s Gart s

W

hen people going through a divorce have no resources, but do not qualify for means-tested free legal services, what happens?

Typically, moderate income parties will be left to stumble through their case with very little help and even argue their case to the court without the assistance of a lawyer. Generally, these parties have little understanding of how to conduct a trial and insufficient understanding of the legal standards the court must apply to terminate the marriage, divide the marital estate (or debt) and establish a functional parenting plan. Often,

20 The Docket I July/August 2014

the parties have limited coping and communication techniques. Sometimes they cannot complete the court forms because they just don’t understand the questions, much less know the answers.

Perhaps they do not read or write well.

Sometimes, the weight of the legal process bears down and their anxiety over the unknown is paralyzing.

Ultimately, some parties are not capable of settling their case on their own. For two unrepresented parties, achieving full agreement in divorce is a daunting task. However, the professionals who created the system cannot blame many of these parties for being unable to personally complete the job to properly dissolve their marriage before their

permanent orders hearing date. Divorce is hard work even if you’re not one of the parties to the divorce. Even for lawyers with the requisite knowledge, experience and a disinterested perspective, the process can be stressful and exhausting. It is understandable that parties under the emotional strain of a failing relationship can find it even more difficult to develop an agreement that settles financial issues in a manner that is “not unconscionable,” together with a parenting plan that reflects the children’s “best interests.” It is no wonder that the judge is often asked to sort through stream-of-consciousness revelations of the competing versions of the marital and personal histories of two strangers, to review wholly inadequate

We must share the workload by challenging attorneys whose skills are similar to judges, to apply those skills to help pro se litigants determine what is important, apply the law to those facts, and gracefully explain the options to the parties. disclosures, and then to invent a successful, post-divorce family out of equally impractical competing arguments.

Our judges are up to this job, but a complete agreement established before trial is typically the better and more efficient way for many litigants. While our judicial officers are selected for their intelligence; their understanding of the law; and also for their ability to sort through the chaff and express their findings in an accurate, complete and compassionately judicial manner, we must use our limited judicial resources more effectively. We must share the workload by challenging attorneys whose skills are similar to judges, to apply those skills to help pro se litigants determine what is important, apply the law to those facts, and gracefully explain the options to the parties. Experienced family lawyers are absolutely capable of providing that help to the pro se parties, to the system and to the bench.

With some skilled assistance, two adverse parties at the very zenith of that adversity can come to an agreement, thus avoiding the need for a judicial determination of facts and a ruling from the bench. With the right lawyers, a final chance to mediate at the courthouse prior to trial can be a gift for everyone involved. Even represented divorce litigants often need a little more legal information and immediacy to reach an agreement. We can see this in every judicial district and courthouse in Colorado.

Under the right circumstances even the most adverse parties can and do reach compromise agreements to suit their mutual interests.

The Denver District Court has made such a gift available to its domestic litigants. Called the Denver Domestic Court Firefighters, the brainchild of Colorado Supreme Court Justice William Hood when he was on the District Court bench, is now implemented each and

every Wednesday at the courthouse. The Denver Family Court Facilitator, Melina Hernandez, administers the program on the scheduling side and the various clerks and judges of the domestic courtrooms manage the parties, facts, forms, and lawyers as they arrive in court each week. Approximately 20 lawyers and 10 law firms have participated as volunteers for the program thus far.

These “Firefighters” cannot be used in every single case, nor does every use of a Firefighter result in success. However, Hernandez reports that she inevitably receives positive feedback from the pro se parties, counsel and the court. Although no data is presently being kept in these early stages of the program, participants anecdotally report a high success rate (full settlement). “The lawyers are excited” and their excitement speaks to the utility of the program as well as the satisfaction that the good family law volunteers feel when they get signatures and smiles from the parties and a heartfelt “thank you” from their judicial officer. D James Garts is an associate at Gutterman Griffiths, PC. The attorneys of Gutterman Griffiths continue to m a i n ta i n th e i r commitment to public service and to fostering successful resolutions for Colorado families as they volunteer monthly as Domestic Court “Firefighters” in Denver District Court.

If you have family law experience and are interested, volunteers may contact Melina Hernandez at melina.hernandez@judicial.state. co.us. Thank you to Hernandez for her energy and efficiency in the Denver Domestic Courts.

The “Firefighters” program was new to Denver in April 2013, and its success is becoming recognized by the judicial officers of the various other districts who might have a similar need.

This program is one of many through which family law attorneys currently volunteer their time and expertise to assist unrepresented and oftentimes underserved parties in reaching settlement in their tough parental responsibilities and divorce-related matters. The movement is growing.

August 7-9 at The Westin Snowmass Resort Members and Non-members Welcome Register at www.ctlanet.org or call (303) 831-1192.

July/August 2014 I The Docket 21

Join the

Denver Bar Association Lawyers and Schools Committee for Constitution Day.

Attorneys are needed to step into 3rd and 8th grade DPS classrooms on Sept. 17 to speak about the Constitution. Lesson plans and constitutions provided by the Lawyers and Schools Committee.

To participate please contact Meghan Bush at mbush@cobar.org 22 The Docket I July/August 2014

West to the 32nd Meridian: Colorado Legislation Pt. 1

1, 1876. Article V, Sec. 1 of the Colorado Constitution declared that “[t]he legislative power shall be vested in the general assembly, which shall consist of a senate and a house of representatives, both to be elected by the people.” Senators were elected for terms of four years and representatives for terms of two years (Colo. Const. art. V, sec. 3 (1876)).

As compensation, each member of those early General Assemblies received $4.00 per day of service, and $.15 per mile for travel “going to and from the seat of government by the most usually traveled route” (An Act to Provide for the Compensation of the Members of the General Assembly, Approved, March 7, 1877).

Legislative Process

By Dan Cordova and Chris Hudson We whose names are underwritten ... having undertaken ... a voyage to plant ye first colonie ..., doe ... covenant & combine our selves togeather into a civill body politick, ... and by vertue hereof to enacte ... such just & equall lawes ... for ye generall good of ye colonie, unto which we promise all due submission and obedience.

Mayflower Compact of 1620, in William Bradford, Of Plimouth Plantation 110 (1646).

Our legislative legacy crossed the Atlantic and planted itself firmly on North American soil with the arrival of the pilgrims in Plymouth Colony and Jamestown. Indeed, legislation has always played an important role in our inherited legal history, and it continues to play a central role in our federal and state governments today. This installment of West to the 32nd Meridian will examine Colorado legislation in two parts. Part 1 will touch on the history of the Colorado legislature and consider the basic Colorado legislative process.

Part 2 will explore the history and creation of the products of the legislative process—namely session laws, codifications, annotations—and the finer points

of current and historical Colorado legislative research. Both parts will include references to suggested resources for further, more in-depth study.

Bicameral Legislature The term bicameral literally means two rooms or chambers. Up until the time of the American Revolution, colonial legislatures generally resembled the British parliament in form and procedure. However, in 1776 Virginia adopted a bicameral legislature in its new constitution and other states soon followed.

Today, all states except Nebraska have bicameral legislatures.

Colorado’s first official legislature began in 1861 when the U.S. Congress passed an act creating the Territory of Colorado (Act of Feb. 28, 1861, ch. 59, 12 Stat. 172). Section 4 of the Territory’s Organic Act created a legislative assembly compromised of a Council and a House of Representatives. Under the Act, the Council consisted of 9 members with the ability to grow to 13, and the House consisted of 13 members with the ability to grow to 26. Council members were elected to two-year terms and House members served for one year.

The Territorial legislature met for 11 sessions before Colorado became the 38th state in the Union on August

In addition to being the name of Colorado’s legislative body, the term General Assembly also describes a specific time period when the legislature meets. After statehood and continuing until 1951, the General Assembly met every other year on odd years beginning with the 2nd General Assembly in 1879. Since 1951, each two-year General Assembly is composed of a first regular session (year 1) and a second regular session (year 2).

Special sessions, also called extraordinary sessions, may be convened upon the written request of two-thirds of the members of each house or by executive order of the Governor. To determine the current General Assembly, you need only subtract 1876 from the current year and divide by 2. In 2014, the second regular session of the 69th General Assembly was in session.

During every legislative session the General Assembly introduces and considers proposals to create or change Colorado law. These written documents are called bills. Most bills create new law, amend existing law, or repeal existing law. Appropriation bills (for example, the general or “long” appropriations bill) are exceptions that fund state departments, agencies, and institutions.

All bills must have a sponsor in both the House and the Senate, and there are restrictions on the number of bills each legislator may introduce. Excluding appropriation bills and subject to other exceptions, each legislator may introduce no more than 5 bills in any session.

July/August 2014 I The Docket 23

The names of the prime sponsor and cosponsors are included on the first page of the bill. When a bill is introduced in the house of origination, it is given a number that identifies the bill for the remainder of the legislative session. Numbered in the order they are introduced, Senate bills are numbered from 1 and House bills are numbered from 1001. For example, House Bill 14-1001 designated the first bill introduced in the House in 2014.

Although the subjects of bills vary greatly, their form is generally the same.

The usual arrangement is: bill title, bill summary, enacting clause, substantive provisions, and an appropriation (if required), followed by other standard clauses (e.g., severability clause, safety clause, and effective date). Once introduced, a bill must be passed by both the House and the Senate before it can be sent to the Governor. The official steps a bill follows are: introduction, consideration by at least one committee of reference, passage on second reading, and final passage in the first house (third reading), followed by introduction, consideration by at least one committee of reference, passage on second reading, and final passage in the second house (third reading).

Immediately following introduction (first reading by title), all bills are sent to committee, often called a committee of reference, by either the Speaker of the House or the President of the Senate. The committee of reference will analyze the details of the bill at committee meetings that are open to the public. In committee, a bill may be amended, recommended for passage, referred to another committee, postponed indefinitely (that is, killed), or laid over for consideration in a later session.

Bills referred out of committee are debated by the entire body of the House or Senate, called the Committee of the Whole, on second reading. At this time the entire house considers the bill as a committee (all members of the House and Senate are members of their respective Committee of the Whole).

This process allows all members to provide input on the bill, analyze the action taken by the committee of reference, and consider any amendments. The Committee of the Whole may amend the bill;

24 The Docket I July/August 2014

refer it back to committee; defeat the bill; lay it over to another day; or adopt the bill, passing it on for the third reading.

House and Senate debates are recorded (audio) and voice votes on amendments are counted in both the committee of reference and the Committee of the Whole.

Final action on the bill is taken on third reading before the entire house. This is the time that a recorded vote (showing how each member voted) is taken. If the bill passes third reading, it is sent to the other house if it is in the house that introduced the bill, or it is sent to the Governor if it is in the second house to consider the measure.

As a bill progresses through the legislative process, it is referred to by different names. The different versions of a bill are: 1. Printed bill—the bill as introduced before any amendments are added.

2. Engrossed bill—the bill as passed on second reading in the house of introduction, including any amendments adopted by that house on second reading.

3. Reengrossed bill—the bill as passed on third reading in the house of introduction, including all amendments adopted by that house. The reengrossed bill is the version sent to the second house for introduction and consideration.

4. Revised bill—the bill as passed on second reading in the second house, including any amendments made to the bill on second reading by the second house.

5. Re-revised bill—the bill as passed on third reading in the second house. The re-revised bill is then sent back to the house of origin for enrollment and transmittal to the Governor.

6. Enrolled bill (aka Act)—after passage in both houses, the bill is printed in the form in which it will appear in the session laws. This enrolled bill is the version signed by the President of the Senate, the Speaker of the House, the Secretary of the Senate, the Chief Clerk of the House, and the Governor.

On the Governor’s Desk Once a bill is enrolled, it is sent to the Governor for signature. The Governor may sign the bill enacting it into law; not sign the bill (allowing it to become law without signature after 10 days); or veto the bill. Individual Acts passed by the House and Senate, and approved by gubernatorial signature, or allowed to become law by gubernatorial inaction, are arranged chronologically into chapters and prepared for publication into a compilation called “Session Laws.”

Thereafter, these bills are codified— edited, revised, annotated, and indexed by subject—into our “Colorado Revised Statutes.”

Lawyers must understand both the legislative enactment process and the legal publication cycle to place applicable law into its proper context. This knowledge is also the basis for all legislative history (not covered here) and effective and accurate statutory legal research. D

Sources of Information: •

•

•

•

•

•

Colorado General Assembly, leg.state. co.us/clics/clics2014A/cslFrontPages.nsf/ HomeSplash?OpenForm Colorado Legislative Drafting Manual, tornado.state.co.us/gov_dir/leg_dir/olls/ legislative_drafting_manual.htm Colorado Office of Legislative Legal Services (OLLS), tornado.state.co.us/ gov_dir/leg_dir/olls/ Researching Legislative History in Colorado, state.co.us/gov_dir/leg_dir/olls/ PDF/LEGISLATIVE%20HISTORY.pdf Robert S. Lorch, Colorado’s Government: Structure, Politics, Administration, and Policy, (5th ed., University Press of Colorado, 1991).

The Legislative Process, colorado.gov/cs/ Satellite?blobcol=urldata&blobheader=a pplication/pdf&blobkey=id&blobtable= MungoBlobs&blobwhere=12315727284 02&ssbinary=true

Dan Cordova is the Colorado Supreme Court Librarian. Chris Hudson is the Deputy Colorado Supreme Court Librarian for Education and Outreach. They can be reached at (720) 625-5100 or library@judicial.state.co.us.

Calling All Superheroes...

Join the Wheels of Justice

$2.1 Million. That’s how much The Wheels of Justice Cycling Team, sponsored by the Colorado and Denver Bar Associations, raised

for Children’s Hospital Colorado in the team’s first eight years. Last year, our riders, sponsors, and volunteers all worked together to raise more than $375,000 for the Children’s Center for Cancer and Blood Disorders in the Courage Classic Bicycle Tour.

In 2014, please help us make an even bigger difference for the kids, doctors, and families at Children’s Hospital Colorado when we ride in the Courage Classic July 19–21.

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 wheelsofjusticecycling.org.

Thanks to our 2014 sponsors who have already helped us raise more than $120,000. Please join them!

PHARMACEUTICALS,

INC.

Rare dedication

July/August 2014 I The Docket 25

CBA-CLE Calendar

July 2014

REGISTER ONLINE OR CALL TODAY!

July 10-12, 2014 32nd Annual Real Estate Symposium, Vail, CO Submitted for 15 General CLE credits, including 3 Ethics

LIVE EVENTS AND LIVE WEBCASTS Issues and Avoiding Malpractice – The Good, the Bad, and the Ugly of Legal Technology Submitted for 8 General CLE credits, including 3 Ethics

July 17, 2014 Elder Law Basics Submitted for 7 General CLE credits, including 1 Ethics

July 23, 2014 Drafting Complex Legal Documents with Microsoft Word Submitted for 7 General CLE credits, including 1 Ethics

July 18, 2014 E-Discovery Submitted for 7 General CLE credits, including 1 Ethics July 22, 2014 – Morning Program Cloud Computing for Lawyers: Pros, Cons and Ethical Issues Submitted for 4 General CLE credits, including 1 Ethics July 22, 2014 – Afternoon Program Avoiding Malpractice – The Good, the Bad, and the Ugly of Legal Technology Submitted for 4 General CLE credits, including 2 Ethics July 22, 2014 – Full Day Program Cloud Computing for Lawyers: Pros, Cons and Ethical

July 24, 2014 Agricultural, Environmental & Water Law Symposium 2014: The Great Drought & What It Means to You Submitted for 4 General CLE credits July 25, 2014 Legal Writing in Criminal Law Submitted for 5 General CLE credits, including 1 Ethics July 26, 2014 Medicaid Boot Camp in a Day Submitted for 8 General CLE credits

YOUR NUMBER ONE RESOURCE FOR COLORADO LAW

LIVE WEBCASTS

LIVE EVENTS

July 10, 2014 2014 Business Document Drafting Series: Drafting Compensation and Other Employment Agreements Submitted for 2 General CLE credits (video replay in Grand Junction, Colorado Springs, and Denver) July 11, 2014 Federal Practice Update 2014 Submitted for 7 General CLE credits, including 1 Ethics (video replay in Grand Junction, Colorado Springs, and Denver) July 16, 2014 Working with Clients with Diminished Capacity: Rule 1.14 and Beyond Submitted for 4 General CLE credits, including 1.5 Ethics (video replay in Grand Junction, Colorado Springs, and Denver)

MP3 AUDIO HOMESTUDIES

VIDEO-ON-DEMAND HOMESTUDIES

VIDEO REPLAYS July 17, 2014 2014 Business Document Drafting Series: Drafting IP Licenses, InfoTechnology Contracts & Related Documents Submitted for 2 General CLE credits (video replay in Grand Junction, Colorado Springs, and Denver) July 18, 2014 Acrobat for Lawyers Submitted for 3 General CLE credits (video replay in Grand Junction, Colorado Springs, and Denver)

All classes are held at the CBA-CLE Classroom at 1900 Grant St, Ste 300, Denver, CO, unless otherwise noted.

CBA CLE

1900 Grant St., Suite 300, Denver, CO 80203-4303

www.cobarcle.org 26 The Docket I July/August 2014

Phone: 303-860-0608

Toll-Free: 888-860-2531

Fax: 303-860-0624

Linda J. Creagan, Esq., Managing Editor This practitioner’s guide is designed as a reference source for Colorado lawyers at all levels of experience. It is not meant to provide comprehensive essays on all aspects of family law; rather, it is intended to provide a practical overview of issues and problems inherent in the practice of family law and areas of law that impact family law. The book contains substantive information including references to statutes and case law, as well as practice pointers to assist attorneys who practice family law. Some authors have provided useful forms for the more typical situations, which may be adapted to the special circumstances of each case.

FAMILY LAW

The Practitioner's Guide to Colorado Domestic Relations Law, Second Edition

Table of Contents: 1. Ethics in Family Law — Charles E. Mortimer, Esq. 2. Premarital and Marital Agreements — Robert E. Lanham, Esq. 3. Jurisdictional Issues in the Dissolution of Marriage and General Overview of Dissolution Proceedings — Brenda L. Storey, Esq. 4. Parental Rights and Responsibilities — Jennifer G. Feingold, Esq. 5. Revisiting the Tax Perils of Unallocated Family Support — Richard I. Zuber, Esq. 6. Relocation Issues in Family Law — Carolyn C. Witkus, Esq. 7. Property: Valuation and Distribution Upon Dissolution of Marriage — Includes the Courtney J. Leathers, Esq. and Ronald D. Litvak, Esq. ent 8. How to Avoid Being a PERA-Pathetic Advisor — Frederick C. Ebert, J.D., CPA 2014 Supplem 9. Spousal Maintenance — Robin Lutz Beattie, Esq. 10. Child Support — Sarah W. Quinlan, Esq. 11. Divorce Taxation — James R. TenBrook, CPA/ABV, PFS, CVA, CFF 12. Determining When Trusts Are Property for the Purpose of Equitable Division — Suzanne Griffiths, Esq. and Carolyn C. Witkus, Esq. 13. Separation Agreements — Ann Gushurst, Esq. 14. Mediation, Collaborative Law, and Early Neutral Evaluation/Early Neutral Assessment — Michal Lord-Blegen, Esq. and Ben Stetler, Esq. 15. Case Management Part I: Commencing the Action — Jerremy M. Ramp, Esq. 16. Case Management Part II: Disclosures, Discovery, Settlement, and Trial — Jerremy M. Ramp, Esq. 17. Expert Witnesses — James S. Bailey, Esq. 18. Court-Appointed Neutrals — Gay Niermann, Esq. 19. Substance Abuse and Parenting — Laurel Anne Markus, Esq. 20. QDRO Drafting Tips and Traps — Frederick C. Ebert, J.D., CPA 21. The Role of the Magistrate and Appeals from Magistrate Decisions — Robert B. Wareham, Esq. 22. Appellate Advocacy for Family Law Practitioners — Anne Whalen Gill, Esq. 23. Post-Decree Issues — Patricia A. Cooper, Esq. and Sara A. Evanczyk, Esq. 24. Primer on Collection Law — John H. Barrett, Esq. 25. Dissolution of Marriage Proceedings and Bankruptcy Cases — Eric D. Wollard, Esq. 26. Torts in Families — Judith James Carlson, Esq. and Sandra J. Nettleton, Esq. 27. Criminal Issues Related to Family Law — Joe Pickard, Esq. and Justin Ross, Esq. 28. Domestic Abuse and Civil Protection Orders — Melody K. Fuller, Esq. and Robert B. Wareham, Esq. 29. Immigration Issues in Family Law — Laura L. Lichter, Esq. 30. The Uniform Child Abduction Prevention Act — Hon. Angela R. Arkin 31. Seeking Enforcement of Family Law Orders Through Contempt Proceedings Under C.R.C.P. 107: Perils and Potential Pitfalls — Riley W. Madden, Esq. 32. Family Relationships — Catherine Puttmann, Esq. and Courtney Radtke McConomy, Esq. 33. Grandparents’ Rights — Dianne H. Peterson, Esq. ONLINE AT: www.cobarcle.org 34. Developments in Non-Married Partner Litigation — Kimberly R. Willoughby, Esq. 34B. Civil Unions — Kimberly R. Willoughby, Esq. CALL: IN DENVER 303.860.0608 35. Dividing Military Retirement Benefits in Divorce — William L. Carew, J.D., LL.M., Law & Tax TOLL FREE 888.860.2531 and Carl O. Graham, J.D. 36. Public Benefits Issues in Family Law Cases — Christina Ebner, Esq., Joel R. Hayes, Esq., STOP BY: Our office and save Meg Golodner Quiat, Esq. and Vikrama Chandrashekar on shipping!

37. Representing the Diminished-Capacity or Mentally Ill Client: Colo. RPC 1.14 — Bernard A. Poskus, Esq. and Patrick R. Thiessen, Esq. 38. Death and Divorce — Kimberly R. Willoughby, Esq. 39. Interstate Family Law Jurisdiction — Hon. Angela R. Arkin

Three Convenient Ways to Order:

CBA-CLE Books, Second Edition, loose-leaf, two volumes, 8.5 x 11-inch format, 1,508 pages with CD-ROM CLE Item Number: ZPGCDR10B CBA Member Price: $189 Non-Member Price: $225

July/August 2014 I The Docket 27

Law Student Chronicles First-Year Perspective: The Best is Yet to Come dents we receive training that allows us to dissect the nuances of rules, and with those nuances, paint the facts of cases into arguments that are favorable for our clients. If persuasive enough to the judge or jury, we have the ability to provide remedies to individuals who may have no other option for relief.

Our efforts can change lives.

Unfortunately, the outcomes guided by the law are not always in step with our ideas of justice and fairness; and many times the remedies provided to victims of atrocity are not enough. In these areas where the law is lacking, I envision the minds of law students, lawyers, and judges nationwide stepping up to the task of righting the wrongs.

I am now aware of the great power that is bestowed upon me by my legal education. With this power comes the responsibility to act justly. I will do my best to carry out this responsibility for the betterment of my community and society at large.

By Shaquille Turner Editor’s note: We asked four 1L law students—two from Colorado Law and two from Denver Law—to submit articles for our new column, “Law Student Chronicles,” twice per year for five years. We will follow them through their educational journey, as well as join them as they venture out into the legal field.

As I reflect on my first year of law school, I am overwhelmed by a sense of profound gratitude and humble accomplishment.

In the past ten months, I may or may not have read more text than I ever have in my twenty-three years of existence; I definitely consumed more coffee, woke up earlier, and stayed up later. After that great ordeal that we call “first year,” I can confidently say that I am on the right path. I am glad to have pursued the legal profession at this time, in this place, and with this group of people. The support system I have in my girlfriend and my classmates has been essential to my perseverance. Because of them, I found the strength to continue at times when I thought I could take no more. My belief in the temporary nature of all of life’s storms has been reinforced: at the end of dark times there is always a brighter day. I made it through the first year; and not only that, this initial year of law school has bestowed upon me new perspectives, new interests, and new frontiers. These I will share with you.

New Interests Before coming to law school, I believed that the focus of my legal career was going to be aiding in the fight against mass incarceration. After my first year, I still wish to aid in that fight, but now my thoughts about where solutions will come from have completely changed. I have now developed an interest in energy law and natural resources law in addition to my interest in civil rights law.

The consequences of climate change are harsh. It seems like every other day there is a study out showing both the catastrophic effect humanity’s actions are having on the environment and the impending doom that will result if we do not change our course. These realities brought several speakers to DU to discuss the topic. One speaker that stood out in my mind was Mark

New Perspectives Law school has equipped me with a whole new construct: an understanding of language and its power that far surpasses what I once thought it to be. Language is not only a way of communicating ideas, but it also is a way of shaping reality. Language, fashioned into rules, validated by society, and enforced by the government, can determine the fate of the masses. As law stu-

28 The Docket I July/August 2014

Jhia Henderson and Shaquille Turner

Safty. Safty spoke of a future in which all buildings generated their own energy via green sources, a future where homes will put electricity back on the grid, and a future where people will be able to draw electricity off the grid freely. He stated further that the only issues of importance in this day and age are food, water, and energy.

I believed Safty wholeheartedly.

After the talk with Safty, I began opening my eyes to the reality of green energ y progress that exists in the world today. I am now hopeful. Government entities such as the National Renewable Energy Laboratory, and private entities like Earthship Biotecture are making great strides in renewable energy progress. The most inspiring use of technology I’ve seen thus far is a solar roadway prototype created by Scott and Julie Bursaw. This solar roadway, if applied as envisioned by the couple, will have the ability to provide three times the energy that is used by the United States.

I envision green technology and education about sustainable lifestyles as tools that can be used to combat mass incarceration. We must reduce sentencing lengths, provide more opportunities for rehabilitation inside prison, and remove the barriers that keep people from rejoining society. If the rehabilitation effort included training in the skills necessary to create a sustainable energy future— for example, construction of solar roadways—in conjunction with education that would help ex-prisoners revitalize their own communities—like urban agriculture—than the previously incarcerated may have a better chance at being successful on the outside and making the world a better place while achieving independence and self-sufficiency.

This plan, and many others like it, are subject to several key pitfalls. Prisoners have already been exploited for their labor: sometimes prisoners gain skills while in prison and believe that they will be able to find a job on the outside, but are blocked by barriers placed on people with criminal records. The reduction of employment barriers for ex-felons is essential to the process.

These types of ideas are teeming in my mind and have come as a result of my legal education and the exposure to issues therein. These ideas are in the infantile stage, but because of the new frontiers law school has revealed, I am sure they will mature into transformative action.

rights law functions and how I can advocate for those who have no way of advocating for themselves. The growth I have experienced thus far has been invaluable, and I am excited for the growth that will happen in my future experiences. I have been given a platform to implement action, as I am now the President of the Black Law Students association at DU and the Vice President of the Christian Legal Society. The time for real work has begun.

This first year of law school was one of the most difficult tasks I’ve ever surmounted. I feel stronger as a result, but I am also aware that there is so much more for me to learn. I am grateful for the new perspectives I’ve gained, the new interests I have found, and the new frontiers that have been revealed. The best is yet to come. D

My belief in the temporary nature of all of life’s storms has been reinforced: at the end of the dark times there is always a brighter day. I made it through the first year, and not only that, this initial year of law school has bestowed upon me new perspectives, new interests, and new frontiers.”

Shaquille Turner is a 1L at the University of Denver Sturm College of Law. Turner is feeling great about the direction life is taking him. He has successfully completed the first year at the Sturm College of Law and will be Studying abroad in Cape Town, South Africa this summer with the Howard University School of Law.

New Frontiers I am most grateful for the opportunities law school has provided for further growth. This summer, I will be in South Africa learning about International Immigration and Comparative Constitutional Law. Then in the fall, I will be taking energy law and natural resources law to help further refine my vision on how green energy may fit into stopping mass incarceration. I will also be interning at the Department of Education Office of Civil Rights; there I hope to grow in my understanding of how civil July/August 2014 I The Docket 29

July 21–Aug. 1 Support the Denver Public Schools Educational Outreach Program by collecting school supplies in your office. Give students in need a helping hand.

Supplies Needed: Backpacks (all sizes) Pencils Pens Highlighter Pens Crayons Washable Markers Broad-tip Markers Erasers Pencil Cases

Pencil Sharpeners Scissors Rulers Glue or Glue Sticks Staplers Staple Removers Pocket Folders Lined Paper Plain Paper

1” Binders Subject Dividers Agenda Books or Student Planners Wide-Bound Spiral Notebooks Lined Notebooks Pocket Dictionaries Thesauruses

Scientific Calculators Geometry Sets Compasses and Protractors Boxes of Tissue Bottles of Hand Sanitizer Kids Polo-Style Shirt (Navy or Red)

Sign up your firm to participate in collecting donations.

To sign up, visit dbacan.com and click on “sign up your firm.” For ease of participation, RICOH will be picking up donations from all participating firms during the week of Aug. 4. Donation barrels are not provided for this drive. Please package all donations in easy-to-carry boxes.

Questions? Contact Alexa Drago at adrago@cobar.org or Kate Schuster at kschuster@cobar.org.

Other ways to help:

Monetary Donations. Please send your checks made payable to the Denver Bar Association to: Kate Schuster at 1900 Grant Street, Suite 900, Denver, CO 80203.

30 The Docket I July/August 2014

Legal

Year” award.

Rodgers is a partner and chair of the Construction Group at the Denver law firm of Moye White LLP, and serves as Chair of ASAC’s Attorneys’ Council. Rodgers tutors women entering the construction trades. She also teaches an annual course at Turner Construction’s school for minority-and-women-owned construction businesses.

Jack Trigg, a founding partner of Wheeler Trigg O’Donnell, marked his 50th year of practice in April.

Trigg Trigg is known for his handling of nationwide product liability cases and class actions, especially in the automotive industry.

Two Davis Graham & Stubbs LLP attorneys were honored at the Colorado Lawyers Committee 2014 Awards Luncheon. Geoffrey Klingsporn was recognized with the “Community Contribution Award” for his pro bono work on the voting rights case, Jones v. Samora.

Peter Schwartz was nominated as an Individual of the Year for his leadership of the nonprofit Working Group and Clinic in a Box. Michael L. Bender, a partner in Perkins Coie’s litigation practice, was elected to the Colorado Judicial Institute’s 2014– Bender 15 board of directors.

to announce that Lori L. Duwve has become a member and manager of the firm. Duwve’s new position of leadership within the firm strengthens its real estate practice. The firm is thrilled to welcome her to this position.

Senn Visciano Canges P.C. is pleased to announce that Matthew D. Pluss has joined the firm as a director. Lawrence J. Donovan, Jr. has joined the firm as of counsel. Both will be part of the real estate and transaction practice.

Kutak Rock LLP welcomes associate Lauren Walker to the corporate practice group, specifically to assist investors and synWalker dicators on the financing, acquisition, sale and leasing of commercial real estate.

Moye W hite LLP announced that two partners, Lynne M. Hanson and Craig J. Knobbe, have joined the firm. Paralegal Hanson Karin Tupper, who has worked with Hanson and Knobbe for 20+ years, also joined the firm.

The Denver law firm of Moye White LLP, Knobbe announced that Jay D. Hermele has joined the firm as an associate.

Hermele, who will practice in Moye White’s trial section, focuses on Hermele commercial, construction and insurance litigation.

Lisa Matter has joined Miller Global, a real estate investment company, as assistant general Matter counsel.

Montgomery, Kolodny, Amatuzio & Dusbabek, LLP is pleased to announce that Claire E. Munger has joined the firm as an associate attorney.

CHANGES Fortis Law Partners LLC is pleased

BRICK & MORTAR Spencer Fane LLP has opened an

AFFAIRS

GOOD THINGS

Rodgers

The American Subcontractors Association of Colorado (A SAC) announced that Carrie A. Rodgers has received the chapter’s “Attorney of the

office in Colorado Springs specializing in real estate development, municipal law and corporate transactions, and has named Melcher Christopher Melcher of counsel to the firm.

Melcher has extensive experience in corporate transactions, mergers and acquisitions, real estate development and land planning, government affairs and municipal law matters.

The attorneys and staff of Sander, Ingebretsen & Wake, PC have joined Shook, Hardy & Bacon LLP (SHB) to open a SHB office.

Kirk Ingebretsen, Richard (Chip) Sander, Dan Wake and Dan Rohner bring decades of combined experience in commercial trial and appellate practice in many areas of the law, including banking/financial services, employment, insurance, corporate governance and securities.

Alderman Bernstein has moved to 101 University Blvd., Ste. 350, Denver.

The phone number is 720-460-4200 and the fax number is 720-293-4712.

IN MEMORIAM Malcolm Douglas Crawford died peacefully on May 6 after a long illness.

Born in Nashville, TN on Aug. 29, 1920, he spent his first year in the family farm in Corydon, KY. After his father’s death, he and his mother moved to Denver. He attended South High and CU Boulder, majoring in Economics. Inspired by the era’s geopolitical events, he enrolled in the Fletcher School of Diplomacy, receiving an MA in 1944. He then went to Yale Law School, graduating with honors in 1947.

He served as a consular official at the U.S. Embassies in London and Paris after the war, working on post-war reconstruction efforts. He spent most of his professional life working as a securities and corporate attorney in Denver. He worked well into his late 80s. He is survived by his wife of 56 years, Sheila Eigeman Crawford, 5 children and 7 grandchildren.

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.

July/August 2014 I The Docket 31

BRIEFS DBA And DBA CLE Closed for Fourth of July In observance of the Fourth of July holiday, the Denver Bar Association and DBA CLE will be closed on Friday, July 4.

School Supply Drive— July 21–Aug 1 The DBA Community Action Network Committee is sponsoring its Annual School Supply Drive to benefit Denver Public Schools Educational Outreach Program. To sign up, go to dbacan.com and click on “Sign-up Your Firm.” Contact Alexa Drago at adrago@cobar.org or Kate Schuster at kschuster@cobar.org for more information.

Denver Lawyers Arts and Literature Contest Winners Named The Docket Committee has selected five artists and writers to be featured for their works in the September issue of The Docket. The winners are: Brett Godfrey for “Down and Dirty” in the Painting

(oil/acrylic/mixed media) category; Barry Bartel for “Bolivia Market” in the Photography category; Barry Bartel for “Time Zone Clocks” in the Sculpture category; Joel Sayres for “180 Nights” in the Fiction Writing category; Ilona Dotterrer for “How I Knew the Soviets” in the Nonfiction Writing category; and Erin Agee for “Annul” in the Poetry category. Read more about the winners and see their works in the September issue.

Sign Up For DBA Lawyers Football League This fall begins another season for the Denver Bar Association Lawyers Football League. The season runs from the weekend after Labor Day to the first weekend in November. Interested teams or individuals should contact John Stevens at jhs@giffordstevens.com or 303-495-5988.

demonstrated excellence as a lawyer and leadership in Denver’s civic, educational, and charitable activities. The award was established by Davis Graham & Stubbs, the family of Dick Davis, and the Denver Bar Foundation in 1992 to recognize successful and community-minded young attorneys in private and public practice, and to inspire new members of the Denver legal community. The 2013 Davis Award recipient was Shannon Stevenson of Davis Graham & Stubbs. Nominations are due Sept. 1. Download a nomination form at dgslaw.com/about-dgs/dickdavis-award. Questions? Contact Margee Fawley at (303) 892-7528 or margee. fawley@dgslaw.com.

Email Address Changes to DBA Membership Services

Nominations are invited for the 2014 Richard Marden Davis Award to honor attorneys under the age of 40 who have

To ensure prompt receipt of The Docket, e-mail your updated address information to membership@cobar.org.

Please note that the U.S. Postal Service does not forward issues of The Docket, so it is important that you send address changes directly to DBA Membership Services.

Jen Wascak: 303-770-2700 Don Jacobson: 303-504-4242 Sponsored by the DBA Peer Professionalism Assistance Committee.

Barbara Ezyk, Executive Director, at 303-986-3345 (land line); 303-906-2940 (cell); 855-986-2126 (toll free). Visit out website at coloradolap.org.

COLAP

DBA Placement Services

The Colorado Lawyer Assistance Program (COLAP) is a confidential, independent program established by the Colorado Supreme Court pursuant to Rule 254. COLAP’s mission is to assist judges, lawyers, and law students suffering from physical or mental disabilities or other impairments. COLAP provides educational programs (including ethics CLEs); assessment and referrals; information about obtaining mentors and sponsors; assistance with interventions; formal and informal monitoring programs; and aftercare assistance and referrals.

For more information or for confidential assistance, please contact

As a membership service of the Denver Bar Association, the Placement Service provides law firms and legal departments of corporations with qualified applicants in positions that match their skills, abilities and expectations.

Their quality approach to cost-effective staffing has made the DBA Placement Service a favorite of the legal community since 1986. It Provides temporary, temp-to-hire and full-time employment opportunities for attorneys, secretaries, paralegals, receptionists, accounting, administrators, and office assistants.

Contact Mev Parsons or Amy Sreenen at 303-894-0014 or email dbaps@earthlink. net.

Davis Award Nominations Sought—Deadline Sept. 1

Bar Resources The DBA Waterman Fund Financial assistance for Colorado lawyers. The DBA Waterman Fund provides financial assistance for “...aged, infirm, or otherwise incapacitated lawyers who have practiced in Colorado for a minimum of ten years.” Please visit cobar.org/watermanfund.htm for more information. The Fund’s address is 1900 Grant St., Ste. 900, Denver, CO. Phone number is 303-824-5319 and fax is 303861-5274.

Troubled by Rude and Unprofessional Attorneys?

The DBA Peer Professionalism Assistance Committee The following lawyers are willing to take calls on a confidential basis, offering guidance, tips, and strategies for dealing with opposing counsel.

Barry Meinster: 303-674-5977 Ralph Torres: 303-297-8427

32 The Docket I July/August 2014

Dates on the

DOCKET

DBA MEETINGS

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.

July 7

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

Call Carolyn Gravit, 303-824-5323

July 9

Professionalism

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

July 2

Child Support Clinic 1437 Bannock St., Room 368 10–11:30 a.m.

July 8

Veterans Clinic Auraria Campus, Tivoli Student Union “Senate Chambers” 900 Auraria Parkway Noon–2 p.m.

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

Coordinating Councils Noon–1 p.m.

Call Chuck Turner, 303-824-5314

July 10

DBA Board of Trustees Wheeler Trigg O’Donnell 370 17th St., Ste 4500 7:30–9 a.m.

Call Leah Achen, 303-824-5327 Metro Volunteer Lawyers Board Meeting Noon–1 p.m.

Call Dianne Van VoorHees, 303-866-9378

July 15

Community Action Network Noon.–1 p.m.

Call Kate Schuster,

Docket Committee Noon–1:30 p.m.

Call Courtney Gibb, 303-824-5336

Aug. 5

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

Call Carolyn Gravit, 303-824-5323

Aug. 6

Docket Committee Noon–1:30 p.m.

Call Courtney Gibb, 303-824-5336

Aug. 7

Lawyers and Schools Committee 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

July 23

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

Call 720-944-2594

July 30

July 16

Child Support Clinic 1437 Bannock St., Room 368 10–11:30 a.m.

Lawline 9 500 East Speer Blvd 4–5:30 p.m.

Lawline 9 500 East Speer Blvd 4–5:30 p.m.

July 15

July 17

Small Claims Clinic Denver City and County Building

July 16

1437 Bannock St., Room 117 11 a.m.–1 p.m.

Poverty Law Clinic Colorado Coalition for the Homeless 2100 Broadway 4–6 p.m.

July 9

303-824-5312

Collections Clinic Denver City and County Building

Lawline 9 500 East Speer Blvd 4–5:30 p.m.

Lawline 9 500 East Speer Blvd 4–5:30 p.m.

Aug. 6

Child Support Clinic 1437 Bannock St., Room 368 10–11:30 a.m.

Lawline 9 500 East Speer Blvd 4–5:30 p.m.

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

Call 303-295-9470

Aug. 12

Veterans Clinic Auraria Campus, Tivoli Student Union “Senate Chambers” 900 Auraria Parkway

Noon–1 p.m.

Call Carolyn Gravit, 303-824-5323

Aug. 13

Professionalism Coordinating Councils Noon–1 p.m.

Call Chuck Turner, 303-824-5314

Aug. 14

DBA Board of Trustees 7:30–9 a.m.

Call Leah Achen, 303-824-5327

Aug. 19

Community Action Network Noon.–1 p.m.

Call Kate Schuster, 303-824-5312

Noon–2 p.m.

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

Aug. 13

Lawline 9 500 East Speer Blvd 4–5:30 p.m.

Aug. 19

Small Claims Clinic Denver City and County Building 1437 Bannock St., Room 117 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 Clinic Office of Economic Development 1200 Federal Blvd., Room 1018 5:30–7 p.m.

Call 720-944-2594 For a complete list of all upcoming events, meetings and clinics visit bit. ly/DBAcalendar.

July/August 2014 I The Docket 33

Picture This 2014 Spring Admission Ceremony The Spring Admission Ceremony was held on Tuesday, May 27, at the Boettcher Concert Hall in downtown Denver. The swearing-in ceremony was held in celebration of the 281 people who passed the 2014 bar exam. The keynote speaker was University of Colorado Law School Dean Philip J. Weiser. President-Elect of the Colorado Bar Association, Charles Garcia, also spoke. At the end of the ceremony, new admittees, as well as any other attorneys in attendance, stood for the oath of admission.

2014 Henry Hall Memorial Golf Tournament On Monday, June 2, 64 DBA members gathered at Inverness Golf Club in Englewood to compete in the annual Henry Hall Memorial Golf Tournament. The golfers were treated to lunch before the afternoon shotgun, followed by an awards ceremony after play. The weather was perfect and a good time was had by all.

The following teams earned top honors in their respective divisions: Challenge Low Gross with a score of 63—Ryan Mutschelknaus, Dan Mong, Milo Twiford, and Joe Dischinger; Challenge Low Net with a score of 63— Kato Crews, Emily Gregory, and Rick Foster; Champions Low Gross with a score of 158—Todd Jansen, John Lumley, Marty Martineau, and Frank Hamilton.

On the individual side, the Champions Men Low Gross winner with a score of 74 was Tim Kratz, his 5th victory. CBA/DBA Executive Director Chuck Turner managed to pick up a closest-to-the-pin win along with Tim Kratz, Dan Mong, and Jon Waldman.

Clockwise: From left to right, Challenge Low Net winners Rick Foster, Kato Crews, and Emily Gregory.

From left to right Edgar Neel, Farrell Sher, Mike Curry, and the Individual Champion, Tim Kratz.

From left to right, Champions Low Gross winners John Lumley, Todd Jansen, Frank Hamilton, and Marty Martineau.

From left to right, Challenge Low Gross winners Ryan Mutschelknaus, Milo Twiford, Dan Mong, and Joe Dischinger.

34 The Docket I July/August 2014

DBA Happenings Colfax Marathon Relay Fifty-seven teams participated in the Colfax Marathon Relay on Sunday, May 18, to raise more than $2,000 for The Legal Center for People with Disabilities and Older People. The DBA and CBA Young Lawyers Divisions, as well as the CBA/DBA staff, put together teams for the relay. Event sponsors CenturyLink and Vail Summit Orthopedics provided the teams with shirts and capes, which were a big hit., and the DBA YLD provided refreshments at The Legal Center’s tent on race day. The Legal Center’s booth won an award for one of the best booths in charity village.

From Left: Susan Hoyt, Heather Clark, Carolyn Gravit, Vinny Villarreal, and Chuck Turner.

The CBA YLD Team.

Troy Rackham and Ilene Bloom.

Law Day Art Contest Winners Tour DAM Winners of the DBA’s Law Day Art Contest, along with their classes, were invited to the Denver Art Museum, where the winning students—Keira Mulligan from Brown Elementary and Corwin Hargrave and Kevin Liang from Gust Elementary—had their artwork on display for their classmates to see and they enjoyed a day exploring the rest of the museum.

Trial Lawyers Present Awards at the Association’s 17th Annual Spring Dinner The Colorado Trial Lawyers Association (CTLA) hosted its 17th Annual Spring Dinner on May 8. At the Spring Dinner, CTLA honored Tom Metier with the Kenneth Norman Kripke Lifetime Achievement Award; Michael Nimmo with the New Lawyer of the Year Award; and Bill Trine with the Access to Justice Award. The 2013 Case of the Year Award was presented to Kevin Hannon of The Hannon Law Firm, LLC; William J. Hansen of McDermott & McDermott, LLP; and Siddhartha H. Rathod, Qusair Mohamedbhai and Arash Jahanian of Rathod |Mohamedbhai LLC.

Tom Metier, Gerry Spence and Bill Trine at the CTLA Spring Dinner.

July/August 2014 I The Docket 35

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