Denver Bar Association I Vol.I34 3 I March 2012 A Denver Bar Association Publication Vol.Issue 34 Issue 3 I March 2012
Under Construction Take a Look Inside the New Judicial Center
Inside Finding Courage in Community: Wheels of Justice Rides Again by Alli Gerkman and Emma Garrison
Flurry of Rule Changes Greets 2012: Stay on
Top of Them
by Zachary Willis
Meet the Bar Stars Dancers: Mark and Pat Fogg by Sara Crocker
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ThaT’s whaT we do, every day.® It’s tricky. You want to be ready without being overstaffed. Special Counsel can make sure you have the people you need in uncertain economic times. Our temporary staffing solutions offer flexibility without the liability of increased headcount. So you can stay lean, but ready when things ramp up. Temporary, temporary-to-hire, and direct-hire, we meet your needs no matter what. Call us today.
2 The Docket I March Inc. 2012All rights reserved. ©2012 Special Counsel,
Marya Brancio esq. executive director
303.894.9900 800.737.3436 specialcounsel.com
Vol. 34 Issue 3 I March 2012
ON THE COVER 6
Sneak a Peak of the New Judicial Center
7
No Matter the Reason, Courage Classic Brings Together Diverse Team
11
Courting Change in Colorado: A Flurry of Rule and Form Updates Greets 2012
16
Meet the Bar Stars Dancers
FEATURES 4
From the President
13
There’s a Word for That
14
The Road Worrier
15
Pro Bono Spotlight: Ida Escobedo-Betson
18
Movie Review: ‘The Descendants’
21
Book Review: ‘The Confession
6 18 15
IN EVERY ISSUE 23
Briefs
26
Legal Affairs
28
Dates on the Docket
30
Picture This
THE DOCKET A publication of the Denver Bar Association. Views expressed in articles are those of the author and not the views of the author’s employers, The Docket Committee, or the Denver Bar Association, unless expressly stated. Deadline for articles is five weeks prior to the issue date; for example, February articles are due (on disk or by email) Dec. 19. To advertise, call Alexa Drago at (303) 824-5313. DOCKET COMMITTEE: Mariya Barmak, Norman Beecher, Becky Bye, Scott Challinor, Michael J. Decker, Craig C. Eley, David L. Erickson, Loren R. Ginsburg, Rebecca I. Gumaer, Ryan T. Jardine, Thomas L. Kanon, Jr., Robert J. Kapelke, Paul F. Kennebeck, Natalie Lucas, Alicia J. McCommons, Daniel R. McCune, Margaret McMahon, Douglas I. McQuiston, William R. Meyer,
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7 Christopher Mommsen, Siddhartha H. Rathod, Gregory D. Rawlings, Frank J. Schuchat, Marshall A. Snider, Daniel A. Sweetser, Erica Vargas, Anthony J. Viorst, Dennis P. Walker DBA OFFICERS: Ilene L. Bloom, President; James G. Benjamin, President-Elect; William W. Hood III, First Vice President; Lucia C. Padilla, Second Vice President; Stacy A. Carpenter, Immediate Past President; Richard Strauss, Treasurer BOARD OF TRUSTEES MEMBERS: Catherine A. Chan, Paul Chessin, Janet Drake, Michelle B. Ferguson, Vance O. Knapp, Daniel R. McCune, Meshach Rhoades, Daniel A. Sweetser, Andrew M. Toft; Chuck Turner, Executive Director EDITOR: Sara Crocker P.C. EDITOR: Chuck Turner
GRAPHIC DESIGNER: Kate Schuster (303) 860-1115 denbar.org/docket Copyright 2012. The Docket (ISSN 10847820) is published monthly, except for the combined issue of July/August, by the Denver Bar Association, 1900 Grant St., Suite 900, Denver, CO 80203-4336. All rights reserved. The price of an annual subscription to members of the DBA ($15) is included in their dues as part of their membership. Periodicals postage paid at Denver, CO and additional mailing offices. POSTMASTER send address corrections to The Docket, Denver Bar Association, 1900 Grant St., Suite 900, Denver, CO 80203-4336. March 2012 I The Docket
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From the President
Natural Law vs. Man’s Law by JJ H enrik s on Editor’s note: This m o n th J J He n r ik son, husband of DBA President Ilene Bloom, offers a guest column.
A
s a non-lawyer, I find the legal process to be fascinating. I have learned the important place that the laws we have created play in almost every aspect of our lives. From our personal lives—marriage, parenting, voting, driving a car—to our professional lives— employment, taxes, unions, state licensing, and regulation—the laws of man are everywhere. Even after death, there are laws that dictate how our remains and estates are handled. In a democratic society, these laws are created by men and women to regulate the relationships we have with our follow humans in every conceivable arena. I h ave been m a r r ied to I lene Bloom for si x yea rs a nd we were together as a couple for four years before our union was recognized by the state. During this time, I have had the opportunity to be exposed to more information about the law and legal process than most non-lawyers would be comfortable with. My past occupation as a licensed professional engineer and my current career in real estate and land development have given me a keen insight into the difference between the laws that man has created and the laws that were created by—let’s call her Mother Nature. At the University of Colorado College of Engineering and Applied Science, I studied the laws of physics, the laws of chemistry, and myriad other “laws” that control the manipulation and engineering of the
4 The Docket I March 2012
earth and its elements into useful items for you and me. From building a bird house to a skyscraper, the laws of physics, chemistry, and engineering dominate, notwithstanding building codes, permits, and other impositions of man. Indeed, the building codes and permitting processes are based on the laws of Mother Nature for the safe construction and operation of the facility on her terms. The laws of Mother Nature govern man’s relationship and interaction with the earth and our natural surroundings. Un l i k e t he l aw s of m a n , t he laws of Mother Nature are unchangi ng a nd per m a nent. Im m ig rat ion rights, the death penalty, a woman’s right to abortion, and a host of other laws have been either legal or illegal depending on the laws that man has implemented at various times. As a democratic society (hopefully) prog res ses, t he l aw s of m a n a re manipulated to conform to the values of the majority in that period of time. Laws written in the United States are therefore part of a working document that is altered and amended over time (see the U.S. Constitution)—thankfully so, considering topics such as slavery, suffrage, and even Prohibition. T he laws created by Mot her Nat u re a re f i r m and fixed, just like you want a bridge or the foundation of you r house to be firm and fixed. Congress can vote unanimously to change the acceleration rate of grav ity, the coefficient of friction of rubber on ice, or the elastic modu-
lus of metal; however, these changes will be instantly and continuously vetoed by Mother Nature. Gravity is, and practically speaking, will always be 32.2 ft/sec 2 , no matter how many times we vote on it. So, the next time that you are driving through the mountains during a snowstorm, be considerate of which laws matter most at a given time. Should you be bold enough to brea k the laws of man, you might get a ticket for speeding or for reckless driving and causing an accident. This no doubt will have an impact on your finances, as well as your right to operate a motor vehicle in the state of Colorado. But should you attempt to break the laws set by Mother Nature u nder t hese sa me c i rc u mst a nces, your car may slide on the ice and over a cliff, ending in an unfortunate tragedy—simply confirming Mother Nature’s laws of gravity, friction, and the compressive strength of steel. D DBA President Ilene Bloom would like to thank her husband for taking an interest in her column and contributing this article!
ProBono
Recognition celebRation Friday, April 13
Join the Colorado Supreme Court in recognizing firms, solo practitioners, and in-house counsel for their ongoing pro bono commitment and achievement of an average of 50 hours per Colorado-licensed attorney in providing pro bono legal services during the 2011 calendar year.
Hard-hat tours of the new Ralph L. Carr Judicial Center starting at 3:30 p.m. Recognition Ceremony and Reception at History Colorado begins at 4:30 p.m. History Colorado • 1200 Broadway, Denver For more details, contact Jill Lafrenz at jlafrenz@cobar.org or call (303) 824-5333. RSVP to lunches@cobar.org or call (303) 860-1115, ext. 727.
make
history Only you can.
www.MakeHistoryColorado.org
March 2012 I The Docket
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Sneak a
Peek of the
New Judicial Center
A dome, with some tinting on the glass, is above the Colorado Supreme Court. In the background, the 12-story office building that will house office space for most of the state’s judicial branch employees.
The Ralph L. Carr Colorado Judicial Center will open in spring 2013 and will be officially dedicated on May 2, 2013. by S ar a C ro cke r
W
hen entering the four-story atrium of the Ralph L. Carr Colorado Judicial Center, guests will be greeted with the words of Martin Luther King, Jr., an abstracted columbine on the stone floor, stone walls, and the state seal. It sets the tone for the rest of the judicial center: strong and committed to the history of Colorado and the rule of law. Touches of mahogany and art installations will add warmth to the building. The judicial center will house the Colorado Supreme Court and Colorado Court of Appeals, as well as staff of the courts, the Office of the State Court Administrator, the Attorney General’s Office, and other judicial agencies. Just off the atrium, guests will see a new addition: a learning center for the public. Inside, a theater, interactive displays, and artifacts will show guests the history of law in Colorado, and why it matters to them, said Fred Schultz of Trammell Crow Company, which serves as the program manager of the project. An estimated 1,100 employees will work in the judicial center, which
6 The Docket I March 2012
includes a four-story courthouse and a 12-story office building. In total, the buildings are approximately 600,000 square-feet, Schultz said. That’s about one and a third times the size of the University of Denver’s Ritchie Center. The aim is for the judicial center to be certified Leadership in Energy and Environmental Design, or LEED, Gold, recognizing the buildings’ considerations for the environment, sustainability, and efficiency. The $258 million judicial center is funded by court fees, bonds, and certificates of participation. It encompasses 13th and 14th avenues, Broadway, and Lincoln Street. The judicial center was named for Ralph L. Carr, a lawyer and former Colorado governor, who was known for his work to protect the rights of Japanese Americans who were resettled in Colorado during WWII. Staff will begin moving into the judicial center at the end of this year, but it will open to the public in spring 2013. The dedication will be held on May 2, 2013, and U.S. Supreme Court Justice Sonia Sotomayor has been invited. See more photos at denbar.org/docket.
(Top) A worker adds mahogany molding to a door frame in what will be the clerks’ offices. (Bottom) The Colorado Supreme Court will seat approximately 160 people; 40 more than accomodated in the old building. The seating will also include assisted listening for those with hearing impairment.
No Matter the Reason, Courage Classic Brings Together Diverse Team Wheels of Justice: A Brief History Number of Appearances in the Courage Classic: Six Total money raised in six years: $1.3 million Money raised in 2011: $290,000 Team riders in 2011: 213 Years as No. 1 team in fundraising: Two Learn more or sign up at wheelsofjusticecycling. org. This year’s Courage Classic is July 21–23.
Kelsey Bohman (front), who received cancer treatment at Children’s Hospital Colorado, rides in the Courage Classic with her mother, Pat Bohman (middle) as part of the Wheels of Justice Cycling Team. by Emma Garrison and Alli Gerkman
T
he Courage Classic, a three-day road bike tour now in its 23rd year, is one of the most popular of its kind in Colorado. Funds benefit Children’s Hospital Colorado, which sees, treats, and heals more kids than any hospital in the region. Using Copper Mountain as a home base for a challenging ride through the surrounding mountains, thousands of people contribute time, sweat, and money to the cause each year—including lawyers. Seven years ago, lawyer Heather Purcell Leja had an idea. She wanted to create a Courage Classic team composed of lawyers. The aim was for the Wheels of Justice to be the top fundraising team in the ride. Wheels of Justice now gives all of its funds directly to the hospital’s Center for Cancer and Blood Disorders. Fundraising is a critical component of the ride—all riders commit to raise at least $300, and many far exceed that— but in the end it’s the people, including our fellow Wheels of Justice team mem-
bers, who make the ride the type of event you want to return to every year. Meet some of these members here.
hard for a cause that changed my life.” Bohman joined Wheels of Justice when she learned that its funds went directly to the Center for Cancer and Blood Disorders—the clinic where she was treated. When reflecting on her Courage Classic tours, she remembers one day on Vail Pass that was particularly hot and grueling. Her legs were cramping with each pedal stroke and, like so many rid-
Kelsey Bohman: ‘There is such an amazing sense of community.’ W h e n K e l s e y B o h m a n ’s mother, Pat, suggested they take on the Courage Classic after Bohman finished cancer treatment more than 10 years ago, Bohman thought she was crazy. “When I first started training I told myself I couldn’t look to the finish. It was too far to ride,” she said. “I concentrated on the road 10 feet in front of me, the beauty around me, and the friends I was riding with. I got where I needed with a smile!” Ten Courage Classics later, she can’t imagine July without the three-day ride. “I keep coming back because there is such an amazing sense of community at the Courage Classic,” she said. “Children’s Hospital saved my life and I absolutely love seeing everyone working so
Wheels of Justice Cycling Team Co-captain Aaron Bradford receives a medal from his son at the Courage Classic. March 2012 I The Docket
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ers, she stepped off her bike and started a lung. He spent three days in the ICU to walk only to realize she couldn’t give and missed six weeks of work. Several up yet. “I was so close to the top and members of his firm—Pryor Johnson I had been through so much worse in Carney Karr Nixon—had participated the past,” Bohman said. “If I could get in the 2006 ride. Nixon was deterthrough cancer, I could get to the top mined to keep riding, and the 2007 of Vail Pass.” Courage Classic seemed like the perAnd there are countless reasons to fect opportunity to motivate him to keep going, including the patients. get back in the saddle. He has done the “For me, the most inspiring aspect ride ever since. is seeing all the past and present Scott Nixon, left, stands with longtime friend Dan Hubbard at In his first experience, Nixon was the Courage Classic. Members of the Wheels of Justice team patients out there doing what they can inspired by everyone’s dedication to in the ride while everyone else cheers suffered a loss when Hubbard passed away unexpectedly in the the cause. “I now look forward to it fall of 2011. This year, the team will dedicate its ride to Hubbard’s them on,” she said. “It just inspires me every year and have developed a loyal memory. when I see so many people working so network of supporters that has allowed hard for a place that I am so passionate seemingly insurmountable. “As they me to be a successful fundraiser for about because of what they did for me, summited and passed out of sight, I was Children's Hospital,” Nixon said. and to know that I am not the only mirainspired to get back on my horse and One year a friend stunned him with cle out there. Children’s Hospital creates catch them to find out their story,” he a $1,000 donation. “I even called to find them daily.” said. “They were members of Team Courout if they hit one extra zero on the webage and she was a cancer survivor. He site, and was told no, it was no mistake!” Aaron Bradford: ‘Every hill has a summit. If said the pain of the climb is transient to This friend had recently gone through a you keep your legs moving, you will reach it.’ the joy they share in completing the ride medical ordeal with one of his children Seven years ago, Heather Purcell together.” and was inspired to donate to Children’s Leja approached Aaron Bradford, a civil Bradford experienced another kind Hospital Colorado. “You never know trial lawyer at Lathrop & Gage in Denver, of wall in 2011, with the loss of beloved until you ask,” Nixon said. with an idea to start a bar association teammate, Dan Hubbard. His firm has been a major sponsor of team for the Courage Classic. He bought “Dan was one of my best friends and the Wheels of Justice team since 2006. a bike the next week and has been riding a true inspiration,” he said. “Simply put, “My firm specializes in the representaever since. he is everything that is good about the tion of physicians, hospitals, and other He quips that the outfits keep bringprofession and we should all hope to be health care providers, so the sponsorship ing him back (and, to be fair, the outfits compared favorably to his skill, intellect, was a perfect fit for both our interests are great), but it’s safe to say it has more humor, and professionalism. I rememand our practice,” he said. “Over the years to do with what he calls the metaphor ber him waiting for of the whole ride: “Every hill, no matter me at Echo Lake on how daunting, has a summit. If you keep Mount Evans with a your legs moving, you will reach it.” huge grin on his face, This isn’t to say he’s never hit a wall. proud that I had made That came on his first ride, while pushing the climb. All that through the infamous Vail Pass. After a is good about riding false summit, he turned a corner to find was embodied in that the steepest stretch yet. “People were smile and my heart falling off their bikes due to the pitch of aches to see it again. the climb,” Bradford said. “I made it halfI will continue to ride way up before I mentally and physically knowing that I will (Right) Team Ellie founder Scotty Rolfs, joined the Wheels of Justice because his team would retain its identity and they would be able to direct funds to the collapsed to the right of the trail. As I lay see it again.” Center for Cancer and Blood Disorders. there on the side of the path contemplat(Left) Team Ellie was named for Rolfs’ daughter, who was treated at Children’s ing turning around, a father came around Scott Nixon: ‘You never Hospital Colorado for a form of kidney cancer. the corner with his 14-year-old daughter know until you ask.’ on the back.” Scott Nixon had been cycling recour sponsorship has continued, and staff This was no ordinary 14-year-old. reationally for many years before riding and attorneys alike have enjoyed the She wore a prosthetic in place of her the Courage Classic for the first time. In opportunity to both ride and volunteer right leg and it seemed to be her cheers 2006, Nixon crashed on his bike, breakfor the event every year.” alone that helped her father mount the ing five ribs and an elbow and collapsing This sense of camaraderie is what
8 The Docket I March 2012
keeps many people coming back to the ride each year. Nixon and Dan Hubbard, who passed away unexpectedly last fall, had been friends since their associate attorney days. “I am not alone in saying that he is one of the most genuine, unpretentious, good humored people I have ever known—a true friend,” Nixon said. The two rode together on the last day of the 2011 Courage Classic. On a whim, Nixon asked someone to snap a photo of them at the finish. “That photo will always be a special reminder of our friendship,” he said.
Scotty Rolfs: ‘Children’s Hospital saved my daughter’s life.’
(Left)Tom Smith, a doctor at the Center for Cancer and Blood Disorders at Children’s Hospital Colorado, rides with the Wheels of Justice because of their support for the research and treatment the center offers. (Right) Chuck Turner, the executive director with the Denver and Colorado Bar Associations, rode the entire Courage Classic tour with the Wheels of Justice for the first time last year.
Scotty Rolfs first learned about the Courage Classic from a nurse at Children’s Hospital Colorado when his daughter, Ellie, was undergoing chemotherapy. In April 2008, days before her third birthday, Ellie was diagnosed with an aggressive form of Wilms’ tumor, a kidney cancer typical in children, which historically has a survival rate of less than a one-in-three. Ellie received treatment at the Center for Cancer and Blood Disorders, where she endured six surgeries, over 90 nights of hospital stays, more than 40 blood transfusions, 14 months of chemotherapy, and full-body cavity high-dose radiation treatments. “Children’s Hospital saved my daughter’s life,” Rolfs said. A month and a half after Ellie was declared in remission, Rolfs pulled out a road bike he purchased shortly before Ellie’s diagnosis and pulled some friends together to create “Team Ellie.” “I am forever grateful and, while I never wish any child and family to ever have to walk the childhood cancer journey, the reality is that there are and will be,” said Rolfs, IT director with IHS. “I want to do what I can to give those families every opportunity to survive, and this is one way I can help.” Team Ellie is one of several smaller teams that have joined the Wheels of Justice in recent years. Teams that raise $50,000 or more are able to direct all
their funds to a particular center within Children’s Hospital Colorado, and the Wheels of Justice directs its donations to the Center for Cancer and Blood Disorders each year. Team Ellie joined the Wheels of Justice three years ago because it allows their fundraising to go directly to the CCBD while still allowing them to keep their small team identity. “Team Ellie has a pretty special vibe and we make it a true family event where all of the riders’ families come up and we share all of our meals together every morning and night,” Rolfs said. “The fact that WOJ gives us the best of both worlds is fantastic.” The first year Team Ellie rode with Wheels of Justice, the team dedicated the ride to Ellie. Find out more about Team Ellie and their efforts to help families struggling with childhood cancer at teamellie.org.
Tom Smith: ‘You will leave inspired to do more.’ Tom Smith rides the Courage Classic to exercise, improve his cycling skills, enjoy the mountains, and bond with fellow riders. He also rides to support his life’s work—Smith is a doctor at the Center for Cancer and Blood Disorders at Children’s Hospital Colorado. “The mission of CCBD is to improve the care of children and adolescents with cancer by making improvements
in treatment, research, and education,” Smith said. “This is such an exciting time in childhood cancer, with improvements being made almost monthly. The new techniques in molecular biology have greatly improved our ability to study and treat cancer.” “I am lucky to see success stories almost daily,” he added. He recently attended a “10 years off therapy” party for a patient he met when she was a junior in high school. Two days before the prom, she suddenly became paralyzed from the waist down. She was diagnosed with Ewing’s sarcoma and spent prom night in a hospital bed recovering from surgery. Her date even came to the hospital wearing his tuxedo. After radiation, surgery, and chemotherapy, she was able to attend her senior prom, without evidence of cancer. She danced the night away with her boyfriend and classmates. “Now, 10 years later, she is a pediatric oncology nurse in Chicago and last I heard was training for a triathlon,” he said. Smith enjoys the camaraderie of the Wheels of Justice teammates, as well as their enthusiasm and deep commitment to the cause. “I stayed with it because of the enthusiasm and good will of the Wheels of Justice leadership,” Smith said. “It is a great cause that truly helps other people. You will leave inspired to do more.” Wheels, continued on page 20 March 2012 I The Docket
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Feel Like a Million Bucks Join for $1,300,000 That’s how much The Wheels of Justice Cycling Team, sponsored by the Colorado and Denver Bar Associations, raised for Denver’s Children’s Hospital in the team’s first six years. Last year, our riders, sponsors, and volunteers all felt like a million bucks after working together to raise more than $290,000 for the Children’s Center for Cancer and Blood Disorders. In 2012, please help us make an even bigger difference for the kids, doctors, and families at Children’s Hospital Colorado. Join as a Wheels of Justice rider and enjoy terrific benefits, including cool team gear, weekend training rides, coaching sessions, and great events. Join as a Wheels of Justice sponsor and you’ll join Denver’s top law firms and businesses in receiving excellent publicity and benefits. For more information, visit www.wheelsofjusticecycling.org.
Many thanks to our generous 2012 sponsors. Please join them!
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Courting Change in Colorado: A Flurry of Rule and Form Updates Greet 2012 CFI Guidelines Amended
by Z a ch ary Willis
W
e’re just a few months into the new year and already a host of rule changes and updates have been handed down from the Colorado courts, with many changes being released so quickly (and sometimes with such little fanfare) that you may have missed them. At CBA-CLE Legal Connection, a blog published by CBA-CLE, we track these updates daily, so attorneys can stay up to date and not miss critical changes affecting their practice. Here’s a quick snapshot of the biggest and most recent changes:
T he Colorado Supreme Cour t amended three Chief Justice Directives at the end of 2011, which concerned court appointment and payment procedures of child and family investigators, as well as court-appointed counsel, guardians ad litem, and court visitors. Colorado State Judicial also revised JDF 1318 (“Order Appointing Child and Family Investigator”) to reflect the changes. Review CJD 04-08 and CJD 04-05 for a full description of the amendments. Additionally, the CJD governing court appointments through the Office of the Child’s Representative was amended. Review CJD 04-06, which was adopted to assist the administration of justice through the best interest appointment and training of guardians ad litem, attorney child and family investigators, and child’s representatives appointed on behalf of children under 18, for more information.
Will Your Firm Jump In for Kids? Help abused and neglected kids. Sponsor a table at the Children’s Law Center dinner.
Sponsorship Levels
$10,000 Hero $5,000 Patron $2,500 Friend Details at childlawcenter.org
Friday, April 27 5:30 p.m. - 9:30 p.m. Hyatt Regency Colorado Convention Center Live entertainment by the Hazel Miller Band Individual tickets available childlawcenter.org
Contact Mary Beth Searles (303) 302-9910 msearles@childlawcenter.org
Revised Local Rules and Case Filing Requirements in the U.S. District Court for the District of Colorado The U.S. District Court for the District of Colorado approved revisions to its Local Rules of Practice, which became effective in December 2011. Among the changes, formerly customary magistrate judge settlement confer-
ences have been significantly cut back. With strained judicial resources and a booming industry of private mediators, the revised rule puts the burden on counsel to show good reason to have such a judicially-performed conference. Additionally, as of Feb. 23, attorneys are required to open civil cases via ECF and provide payment via pay.gov. Other changes include procedures for opening a case and summons forms issuance. Also, the court has provided a list of cases that must be filed via email and will be opened by the Clerk’s Office.
Colorado Procedure Rules Amended to Adopt “Rule of Seven” Time Calculations Potentially the most sweeping rule changes to affect lawyers in many years, significant amendments were made to procedural time calculations. The changes were made across the board to the Colorado procedure rules, including the Colorado Rules of Civil Procedure, Appellate Rules, Rules of Probate Procedure, Rules of Criminal Procedure, Rules of Juvenile Procedure, Municipal Court Rules of Procedure, and Rules for Magistrates. Changes also were made to the Uniform Local Rules for All State Water Court Divisions. Most of the changes became effective Jan. 1, with others being implemented later this year in July. The amendments conform these rules to the “rule of seven” for procedural time periods. This change, adopting multiples of a week, prevents a deadline from falling on a weekend. Among many other changes, the revised rules eliminate the three-day mail rule. Review Rule Change 2011(18) and Rule Change 2011(19) for a full description of the amendments.
Filing Fees Temporarily Reduced in Certain Civil Actions In mid-Januar y, Chief Justice Michael Bender announced a temporary reduction in filing fees across Colorado courts for certain civil actions. CJD March 2012 I The Docket
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12-02 temporarily decreases filing fees credited to the Justice Stabilization fund, which must maintain no more than a 16 percent excess fund balance. To comply with this statutory requirement, the fees must be reduced. As necessary, the Chief Justice may later increase these fees to their statutorily permitted level. All of the reduced fee levels are outlined in Appendix A to the directive.
JDF Forms Amended to Comply with New Fees and Civil Procedure Rules Stemming from the massive civil procedure rule changes and new fees, Colorado State Judicial has begun reviewing and completely revising their database of forms and instructions to comply with the new time calculation and fee requirements. State Judicial has begun issuing revised forms but cautions that it is always the parties’ responsibility to ensure compliance with the procedural rules. It is therefore important to review the time calculation rule changes before filing, because many of the forms have not yet been reviewed or changed. To date, many forms and instructions in areas of adoption, appeals,
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county civil/district civil, criminal, domestic/family, juvenile, paternity, probate, and water have been updated.
New and Revised Forms for the Civil Access Pilot Project The Civil Access Pilot Project began Jan. 1 in select courts and has its own amended version of the Colorado Rules of Civil Procedure concerning pleading, discovery, and trial management. The two-year project, an effort by the courts to study whether control of the discovery process reduces the expense of civil litigation in certain business actions, also has a number of new and revised forms to be used for appropriate cases. The special forms, along with more detailed information about the Pilot Project, a comparison of its rules to existing rules, and a rules timetable have been posted online by Colorado State Judicial.
Colorado Appellate Courts Adopt New Public Domain Case Citation Format This new public domain citation format allows practitioners and parties to directly cite to new opinions from the moment they are announced, instead of
waiting until they are published in the Pacific Reporter. Colorado now joins 16 other states that have adopted such a citation format. Practitioners and parties will be permitted to use the public domain citation format or to cite to the Pacific Reporter, and they will not have to provide parallel citations in either format. Opinions that are not designated for official publication will not be assigned a public domain citation. Take a minute to review these updates online, and if you’d like to stay on top of future court developments and other Colorado legal updates, consider a free subscription to CBA-CLE Legal Connection (cbaclelegalconnection.com/ subscription-options). It will show up in your email or RSS feed. We cover case law, legislation, rule and form changes, law practice management tips, local legal updates, and community events. It’s an easy way to stay on top of an everchanging legal landscape. D Zachary Willis, Esq., is a legal editor at the Colorado Bar Association Continuing Legal Education. He manages the content for CBA-CLE Legal Connection.
There’s a Word for That
Find the Right Word to Say You’re Hanging by a Thread by R yan Jardine
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here are days when we all have reached the end of our rope. At those times, one thing that helps me is to have the perfect word to describe my situation. Nothing brightens a gloomy disposition like describing it with eloquent style. Just as being arrayed in your finest finery will brighten your mood, so too will using the perfect word at the perfect time. Before reading this article, you may have considered using cliché expressions such as “I’ve had it up to here,” or “I’ve reached the last step of a long walk off a short pier.” But those overused clichés don’t carry sufficient potency to turn your day around. As the well-known and popular author Maud C. Cooke observed in 1896 in the timeless “Social Life or The Manners and Customs of Polite Society,” “If we talk with flippancy and exaggeration, load our sentences with slang phrases, and preface and punctuate them with oft-repeated expressions of ‘Say!’ ‘Well!’ ‘You Know,’ and ‘Do tell,’ and so on, ad infinitum, all wisdom or propriety of speech will be lost.” With this warning ringing in your ears, it is clear that what you really need is a fresh and underused word to describe that you are truly hanging by a thread. The perfect word for those situations is filipendulous. Say it to yourself out loud. Fil-i-pen-du-lous. Doesn’t it just sound like a word that would make you feel better when ensconced in filipendulous circumstances? I know when I’m feeling a little blue, nothing brings the sun to my sky as quick as saying to myself, “I am having a filipendulous day.” Filipendulous is an adjective and is defined as “hanging by a thread.” A possible derivation of this word is from the Latin filum, meaning “a thread,” and pendulus, meaning “to hang.” Knowing this word and this possible derivation gets a person to the base of the Philadelphia
stairs, but to truly climb those stairs we feel filipendulous. with Rocky-esque footing, knowing and Now when you are at the end of your appreciating the origin of the word and tether, remember this word and you have its early usage is essential. the perfect pick-me-up answer for the Discovering the origin of this word question, “How are you doing?” requires that we get our hands dirty and Armed with this word and knowdig beneath the surface into the soil. ing its origins, you will feel better. You There we find that filipendulous has its found the perfect word to describe your roots in botany. In the vintage and pagesituation, saved the wisdom and propriturning treatise, “Henderson’s Handbook ety of speech, and better yet, people will of Plants,” published by Mr. Henderunderstand your disposition, give you son himself in 1890, filipendulous is some space, and maybe, if you’re lucky, described as “where tuberous swellings provide some mashed potatoes and gravy are developed in the middle or at the to bring a bit of poetic justice to your day. extremities of filiform rootlets.” Another D sproutlet 1826 botany text describes filipendulous as “detached tubers, which are R ya n Ja rd in e attached to the parent plant, by means of is a public finance cords proceeding immediately from the attorney with Kutak stem.” This leads astute readers to ask Rock LLP in Denver. the age-old question, what are tubers and There’s a Word for how do they swell? That is an occasional Just as Jack obtained a few magic column dissecting the beans, we too are in for a bit of luck. We roots of words. are all actually very familiar with tubers and tuberous swellings. We mash them, we roubled by ude and frappé them, we stew them, nprofessional ttorneys we pluck out their eyes, and we grow creepy things from The following lawyers are willing to take calls them in kindergarten. We on a confidential basis, for guidance, tips, and may even use them to create strategies for dealing with opposing counsel. the walls for moats of gravy. A tuber is defined as a “fleshy, Pam Mackey: usually oblong or rounded (303) 831-7364 thickening or outgrowth”—or in common parlance, a potato. Karen Pearson: Having identified our (303) 874-8615 sample tuber, let’s return to Dave Furgason: our original 1890 definition (303) 861-8013 above. Filipendulous was defined as tubers, that is, Rich Hennessey potatoes, hanging from fili(303) 839-1204 form rootlets. And filiform is defined as “threadlike.” So Sponsored by now imagine a potato literthe DBA Peer Professionalism ary dangling from threadlike Assistance Committee roots. It is hanging by a thread, and so are we when
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The Road Worrier
Trying to Understand a Client’s Mental Health by G reg R aw ling s
W
hen I was still working for the city and dealing with every street drunk and druggie in Denver, when my Victim’s Advocate Maria and I were going through oversized aerosol cans of disinfectant and gallons of Purell on a regular basis, I came to realize that everyone who goes into criminal law, whichever side of the fence you find yourself, needs an advanced degree in psychology. One of my best friends actually threw off the shackles of his legal education and career and went to med school: he’s now a psychiatrist outside Washington, D.C., specializing in addiction therapy and treatment. My guess is he gets a lot of lawyers for clients. Another friend flipped the other direction, giving up a career as a psychology professor to go into law (not criminal law, mind you). Any way you look at it, criminal law seems to be a magnet for the mentally ill. There’s been a good bit of investigation into our society’s decision to fill our prisons and prison hospitals with the mentally ill, rather than deal with the issue head on. It’s a societal problem right up there with incarcerating drug addicts rather than making any real, sustained effort to provide the treatment necessary to give them some semblance of a decent civil life. As a culture, we like to make things illegal and then lock up the poor and the mentally ill people who can’t comply with our fetid swamp of a criminal justice system. It got so bad that some days I’d keep tabs on how many people I met with in the hell that was Denver’s Courtroom 122C who claimed to be bipolar or ADHD or some combination thereof. Most days it was at least 25 percent—sometimes higher. I once had a cop warn me away from a glass case on the first floor at 1437 Bannock because he thought the 300-
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plus pound teenager, who liked to run around his neighborhood buck naked and pay surprise visits to folks inside their homes, might smash me into it. Instead, he started flinging himself at the ground and pounding the marble floor with his fists. He was autistic, according to his parents, who couldn’t understand why his actions provoked their neighbors into calling the police. I had no idea what to do. As far as I know, you can’t send someone to the state mental hospital in Pueblo for violating a municipal ordinance. And the people I’ve had go there would rather not return. I recently had a sex case client who said that if it appeared that they wanted to send him back to Pueblo, he wanted me to call him the day before, so he could commit suicide. He said it quite matter-of-factly, as if requesting a wake-up call at an airport hotel. On NPR, on a day just before Christmas, they interviewed an orderly at one of California’s infamous hospitals for the criminally insane. He’d had a chunk of his ear bitten off by a violent madman. Of course, the inmate was found incompetent to stand trial and sent to, you guessed, another state hospital for the criminally insane. These places are modern Bedlams, crowded and crazy and mean. I grew up down the street from a hospital in Portsmouth, Ohio, that housed the less criminally insane. We’d sneak in and buy smokes from the cigarette machine. The inmates liked to line the outfield fence of our Little League field, which was directly behind the hospital. They’d clap at odd times and chase home run balls. They’d swing on the huge metal swings and share cigarettes. It didn’t seem scary then. I could not for the life of me imagine any of these seemingly harmless, supremely tranquilized inmates pulling an oral Van Gogh on somebody else’s ear.
Courts try to deal with the massive influx of the mentally ill into the criminal justice system. Mental health courts are increasingly in acceptance, groups like Colorado Coalition for the Homeless do their best to get the lowest level street people into housing and employment and off of drugs and booze, but the numbers are just so staggering. In the present economic climate, it’s always the poorest of the poor who get the shaft first and worst. When I was a kid, my father started a church. Eventually, there was a building and the original 20 or 25 of my father’s disciples melded in with an ever-increasing flock. There was one of the original crew who’ll I never forget, though. His name was Dick and he had an accent straight out of the “Andy Griffith Show,” and black hair that he slicked back à la George Clooney in “O Brother, Where Art Thou.” On Sunday mornings, he’d drive down to Portsmouth’s skid row and find an old drunk named Andy, who was not altogether there, and who’d lost his legs and scooted around town on a board with wheels. Dick would haul Andy into his old car and bring him to church; he wanted to make sure that Andy had one place to be safe, warm, and loved. I see so many people on our streets and in our courts who simply don’t know the meaning of those words, perhaps never have, and perhaps never will. It is a shame on our nation and our criminal justice system. And like that day when I stood over the autistic boy pounding the floor of the courthouse, I have no idea what to do. D Follow the Road Worrier series online at denbar.org/docket.
Pro Bono Spotlight
Ida Escobedo-Betson by Natalie L uca s
I
n 1994, Ida Escobedo-Betson walked into the Thursday Night Bar, a Denver Bar Association organization that provided volEscobeda-Betson unteer legal services to walk-in clients, and she’s been serving people in need ever since. The Thursday Night Bar has evolved into Metro Volunteer Lawyers, and Escobedo-Betson has developed into a strong and dependable advocate for less fortunate community members. The third-generation Colorado native attended undergraduate and law school at the University of Denver. For most of her 19-year career, EscobedoBetson has worked as a solo practitioner focusing on family law. Her sister Barbara Corneau, who is also an attorney, encouraged her to start volunteering with the Thursday Night Bar once she began practicing. In addition to her private practice, Escobedo-Betson takes three to four pro bono cases every month. She often helps clients who are going through a very emotional time, dealing with issues such as child custody disputes. “I enjoy helping people, and making sure they are treated fairly,” EscobedoBetson said. “It gives me a lot of satisfaction; I am proud of the work.” It’s a true commitment: EscobedoBetson once spent more than 100 hours on one pro bono case. She volunteers through MVL and Colorado Legal Services. Her pro bono cases have involved other family law matters such as child support and divorce. In addition to courtroom representation, Escobedo-Betson said her cases often entail helping clients navigate matters such as housing, social services, counsel-
ing, and benefit programs, such as the Low-income Energy Assistance Program, known as LEAP. She also has volunteered with Lawline 9, a program of 9News and the DBA, answering the legal questions of callers once or twice a month for 18 years. Additionally, she has served as a guardian ad litem. Through her pro bono work, Escobedo-Betson has obtained significant practical experience. Escobedo-Betson has become familiar with court personnel and judges. “The judges really appreciate [volunteers’] work,” she said. Escobedo-Betson’s pro bono work, although unpaid, has led to career opportunities. Judges will sometimes appoint her to serve as a court and family investigator, and she has made many networking connections through other volunteer attorneys. Dianne Van Voorhees, the executive director of MVL , said that EscobedoBetson is a “true dynamo. She is always willing to help, and she is a wonderful mentor to other attorneys.” EscobedoB e ts on said she welcomes the opportunity to show any interested attorneys the ropes. She is not planning on stopping her volunteer work any time soon and noted there is a significant need for pro bono volunteers in the Denver legal community. EscobedoBetson encourages attorneys to volun-
teer through MVL and CLS. “They are fantastic organizations, and they are great people to work with,” she said. Veronica Mabry-James, who works with Escobedo-Betson through the MVL Family Law Court Program, said Escobedo-Betson “has dedicated her time and herself to those who cannot afford legal services—especially the children.” “She has a huge heart,” MabryJames added. “She helps people often during a time of high emotions and fear, and she helps them to get closure.” D
If you are interested in getting more information or becoming a volunteer for the Metro Volunteer Lawyers Family Law Court Program, you can contact Veronica Mabry-James, at vmabry@denbar.org or (303) 866-9375. Learn more about MVL at metrovolunteerlawyers.org.
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Meet the Bar Stars Dancers
Foggs Hope to Mystify Competition year paired Cyndy Ciancio, Hubert Farbes, Vicki Johnson, and John Moye with professional dancers, who performed their routines in front of a sell-out crowd. This year’s couples will train with the pros in advance of the ball. When talking about how they got involved with the competition, Pat joked, “He volunteered without my permission.” Pat and Mark Fogg practice at Colorado Dancesport in Littleton. “That’s not true,” Mark said. “I said if Pat’s willing to do it, then I’ll do it.” Despite having some trepidation about dancing in front of hundreds at the ball, the Foggs were in good humor, especially when it came to discussing their outfits. Mark and Pat Fogg pose with their children, from left, Mike, Jim, and “I’m going to wear a Becca. simple blue chiffon and by S ar a C ro cke r pumps,” Mark said. “You could do that,” Pat replied. or one “Dancing with the Bar “It’s a possibility, he said. Stars” couple, the night may be Cross-dressing jokes aside, the one straight out of a Fred Astaire Foggs, like most Bar Stars competitors, film—top hat, chiffon, and all. were coy about revealing too many details “I used to love the Fred Astaire stuff about what may be included in their rouwith the top hat,” said Mark Fogg, one tine. Mark who grew up in Detroit, said of three past Denver Bar Association Motown has a special place in his heart. presidents who will compete for votes He’s also Polish, so polka does, too. and fundraising dollars at the Barristers “So we’re hoping to combine those Benefit Ball on May 5. “I just love how two dance styles,” Pat joked. “Motown graceful he could dance.” polka.” He will be joined on the dance floor Though their routine may be a with his wife, Pat Fogg. Other DBA notasecret, their influences when it comes to bles and their spouses also have signed dance and music aren’t. on to compete. In addition to the Foggs, “We actually like to dance together, Elsa Martinez Tenreiro and her husband but we’re definitely children of the lateSteve Theis and Bill Walters and his wife ’60s, early ’70s, so we dance to that kind Christy Cutler will dance in the competiof music,” Mark said. “We really enjoy it tion at the ball. and always said we’d like to get better at Pairing Bar Stars with their spouses dancing, so that’s really why we agreed is a new twist on the “Dancing with to do it.” the Stars”-esque dance off, which last Mark said he is a beginner when it
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comes to dance. “Let’s put it this way: We don’t dance together on Friday nights,” he said. “That may change.” Pat said she’s less concerned about learning moves for the competition— the speech pathologist regularly takes Zumba classes and can pick up steps easily. She did admit that her main concern when performing is “laughing too hard.” Mark agreed. For those who have not yet purchased their tickets to the May 5 ball, Mark offers an incentive: “to witness public humiliation.” “It’s like seeing us in stocks,” he said. “[The ball guests] can throw tomatoes and cabbage at us.” However, when sizing up their competition, Mark, who is general counsel for COPIC and the Colorado Bar Association’s president-elect says: “There’s no question we’ll win.” He added, “I think it’s really fun that it’s all people we know and know well— and people we enjoy a lot.” D
Battle of the Past Presidents There are two ways to vote for the Foggs: You can vote in person, based on applause, following their performance at the Barristers Benefit Ball on May 5. You also can vote with your wallet, in advance at givingfirst.org/MarkandPat, or in person at the ball. The other Bar Stars Dancers, who also can be supported at givingfirst.org, are former DBA and CBA President Bill Walters and his wife Christy Cutler and former DBA President Elsa Martinez Tenreiro and her husband Steve Theis. Want to know which president will prove he or she deserves to win it all on the dance floor? Tickets to the ball are available at cobar.org/bball. In April, Elsa Martinez Tenreiro and her husband Steve Theis will be featured. Bill Walters and Christy Cutler were featured in February, and you can read about them at denbar.org/docket.
Dancing with the
Bar Stars for MVL 2012
Barristers Benefit Ball Saturday, May 5
Grand Hyatt Denver, Downtown Denver
t Patron Table for 10 guests*—$3,250 t Patron Ticket*—$275 t Individual Ticket—$165 t Judicial Ticket—$120 t Young Lawyer and Non-Lawyer Ticket—$100 For more information, call Dana Collier Smith at (303) 824-5318. RSVP online at denbar.org. *Includes preferential seating and recognition in the dinner program.
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Movie Review
Lessons for Lawyers Abound in ‘The Descendants’ Pat rick R . Thie ssen “The Descendants” stars George Clooney as Matt King, a real estate attorney facing many challenges in his personal life. As the movie opens, King’s wife has been involved in a boating accident and is in a coma. King obviously is struggling with the situation. As if this crisis were not enough, King also is the sole trustee and beneficiary, along with his many cousins, of a family trust that possesses ancestral lands worth upward of $500 million. There is an upcoming family meeting to determine what to do with the lands in light of the trust’s pending dissolution because of the rule against perpetuities. Most attorneys at least vaguely remember the RAP from either their wills course or the Bar exam—“No interest is good unless it must vest, if at all, not later than 21 years after the death of some life in being at the creation of the interest.” The family trust is set to dissolve by its terms so as not to violate the RAP. The movie is based on a book of the same title by Kaui Hart Hemmings and won a Golden Globe for Best PictureDrama and Best Actor for Clooney. At press time, the movie also was nominated for Oscars in Best Picture, Actor
in a Leading Role for Clooney, Director for Alexander Payne, Writing (Adapted Screenplay), and Film Editing. One thing I found interesting about King’s character is that, although he is a lawyer and the movie most certainly involves legal issues, there is not one courtroom scene or one client meeting. We see King perusing thick stacks of legal documents from time to time, but the story is not about King the attorney; rather, it is about King the person. Nonetheless, there are plenty of lessons for lawyers in the movie, which are discussed below in no particular order:
Be Involved in Your Children’s Lives No attorney consciously strives for the opposite of this lesson, but we all know that juggling a career and parenting responsibilities is a serious challenge. Early in the story, we learn that King has spent years neglecting his parenting duties—he even refers to himself as “the backup parent.” With his wife in a coma, King must step up to the plate and parent his teen and pre-teen daughters, who are foul-mouthed and disrespectful of his authority. When he goes to pick up his oldest daughter from her boarding school, he finds her partying and drunk on the beach. Not exactly A+ parenting. King seems resigned to the girls’
misbehavior as penance for his previous lack of involvement. As a parent-to-be, I hope I will not allow my career to stand in the way of being involved in my child’s life. Thankfully, King sets the bar pretty low.
Invest in Your Marriage While King’s wife is in a coma, his oldest daughter informs him that his wife had been cheating on him. He is stunned. Much of the plot involves King searching for answers, but he eventually assumes some of the blame for his wife’s actions because of his time-consuming work schedule. Unfortunately, he is not the first attorney impacted by marital infidelity. It happens to many lawyers, but it should not be the norm. Take simple steps such as calling your spouse over your lunch hour, leaving him or her a nice note, and prioritizing time together. Invest in your marriage before it is too late.
Never Represent Yourself As lawyers, we hear this adage from the time we enter law school. King does not heed this advice; he is the sole trustee of the family trust, yet throughout the movie he never appears to be represented by counsel as he makes decisions.
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King frequently stares at the photos of his ancestors with the pressure of his decisions clearly weighing heavily on his mind. It makes for great drama, but King almost certainly would be assisted by the advice of dispassionate counsel (though that might lessen the dramatic tension of the movie). Similarly, family trustees oftentimes benefit from the advice of counsel as they struggle to balance their fiduciary duty and difficult family dynamics.
Consider Appointing a Professional Fiduciary King mentions that he is the successor trustee to his father, and a good bit of the plot follows his attempts to do what is best for his family and its lands. However, he faces a lot of pressure. Like King, it is certainly appropriate in many circumstances for a family member to be a trustee. However, there are times when the size of the trust corpus or potential for family conflict makes it wise to have a professional trustee. When creating a trust in these circumstances, an attorney should discuss this possibility with the client.
Consider How a Trust will Terminate One of the biggest challenges King faces is the dissolution of the family trust because of the RAP. How much King’s ancestors actually pondered the termination of the trust is not clear in the movie but their decision certainly put a lot of pressure on him. Colorado has amended the RAP by statute and it generally prescribes a single limitation period of 1,000 years for trusts. This change follows the movement by some states to allow so-called “dynasty trusts” that permit wealth to remain in trust for much greater periods of time. An attorney should carefully counsel a client regarding the ramifications of a dynasty trust to best avoid placing pressure on family members like King.
Carefully Consider the Decisions in an Advanced Directive King’s wife prepared for the future and executed an advanced directive, otherwise known as a living will. When my firm prepares medical powers of attorney and living wills, we ask our clients whether their agent’s decisions or the directions in their living will control in the event of a conflict between the two. There is no correct decision, but the
“The Descendants” 115 minutes, drama. Rated R. Starring George Clooney; directed by Alexander Payne. potential implications, such as the pressure it may place on an agent like King, should be discussed with the client so they can make an informed decision. I never would have expected Hollywood to make a movie that dealt so heavily with trusts and estates issues. Don’t worry about dragging your nonattorney spouse to a boring lawyer movie, though. Based on the accolades this film has received, this movie will entertain anyone. Also, it may just teach you a lesson as an attorney D. Patrick R. Thiessen is an associate at Poskus, Caton & Klein, P.C. in Denver. He practices in the areas of estate planning, probate administration and litigation, and government benefits planning. He may be reached at (303) 832-1600 or thiessen@ poskuscatonklein.com.
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Wheels, continued from page 9
Chuck Turner: ‘Children's Hospital, what more do you need to know?’ Chuck Turner has been biking for more years that he can count—“it’s been a long, long time”—but he’s relatively new to the Courage Classic. He participated in the one-day family ride three years ago and did the whole ride in 2011. Like so many, he was won over by the cause. “It is, of course, a very worthwhile event; I mean, Children's Hospital, what more do you need to know?” said Turner, the executive director of the Denver and Colorado Bar Associations. Turner and his wife raised three boys, so they have relied on the services and resources offered by Children’s Hospital Colorado on more than one occasion. His oldest son, Brian, is also a researcher at the Anschutz complex, doing work in the area of leukemia. “So, we have good feelings in our hearts for the place and what it does,” he said. Turner has enjoyed the challenge of the ride, the camaraderie of all the rid-
ers, and the encouragement of the ride’s support teams. It’s not a bad workout, either. “Even though I have self-selected the name ‘On your left,’ I feel good about the physical workout I'm getting during the training and ride itself,” he said. The camaraderie doesn’t start and end at the ride itself. Turner highly recommends the Wheels of Justice training rides—not least of all to help you through Vail Pass, where he almost crashed last year as he rode into a sea of people who had already dismounted during a segment of Vail Pass that all riders know too well: “There is a slight downhill under the highway and then a very sharp left turn to begin a crunching uphill segment. Because one can’t keep up any speed, it’s a grind.” The support of the Wheels of Justice team carries through the ride. For Turner, there’s something about seeing your fellow teammates at the beginning of each day, all ready to “get after it.” D
2011 DBA Award Winners Award of Merit Elsa Martinez Tenreiro Volunteer Erich Bethke Young Lawyer of the Year Troy Rackham Judicial Excellence Hon. Daniel Taubman Teacher Elizabeth Correa
The awards ceremony will be held on
Tuesday, June 5, at the Sherman Street Event Center, from 5:30–7 p.m. More information about the honorees and the DBA Awards Party to follow in The Docket
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Emma Garrison is an associate at the litigation firm Featherstone Petrie DeSisto LLP and serves on the Executive Council for the CBA Young Lawyers Division. Alli Gerkman is online content manager at IAALS - Institute for the Advancement of the American Legal System. The authors both rode the Courage Classic with the Wheels of Justice team for the first time in 2011 and will participate again this year.
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Book Review
‘The Confession’ Offers a Look at Capitol Crimes and Death Row Politics
by M arsh all S nide r
J
ohn Grisham is well known for his novels about lawyers and the law. The subject matter of many of his offerings, however, has little to do with the day-to-day lives of the lawyers we know. When was the last time a law firm associate you knew was hunted down by the mob? Or that your client committed a revenge killing after his daughter was brutally raped and tortured? And have you ever run into the problem with one of your cases that a U.S. Supreme Court justice was murdered so that your opponent could obtain a replacement justice more favorable to his cause when the case came before the court? I didn’t think so. “The Confession” comes a little closer to what lawyers really do, even if only a handful of lawyers. In this novel, Grisham explores controversial issues surrounding the death penalty. Donté Drumm was a black high school football star in the small town of Sloan, Texas (a story about the death penalty had to be based in Texas, didn’t it). Drumm is convicted of the rape and murder of Nicole Yarber, a white high school friend of his and a cheerleader at Sloan High School. The fact that her body was never found may be a pesky detail in some states, but in Texas the absence of a corpse provided
no impediment to Drumm’s conviction and death sentence. The lack of a body was only one problem for the prosecution. There also was no physical evidence linking the teen to the crime. But this is Texas, where lack of evidence is not going to stand in the way of providing a lethal injection to a young black man accused of killing a white woman. The prosecution’s case was based on two pieces of evidence. First, Drumm gave a videotaped confession. This confession was obtained after hours of physically and psychologically abusive interrogation, in which Drumm was denied access to his parents or a lawyer. Before the taping, the police thoughtfully provided details of the crime to Drumm that he otherwise would have gotten wrong. The state also had the eye-witness testimony of Joey Gamble, another Sloan High student, who placed Drumm at the location where Yarber was last seen. For reasons of his own, Gamble lied about having seen Drumm and Yarber that night. And it didn’t hurt the government’s case that the trial judge and prosecutor were involved in a thenunknown adulterous affair at the time of the trial, a fact that the Texas Court of Criminal Appeals found “unfortunate,” and “possibly” giving the appearance of impropriety, but not such that Drumm was deprived of a fair trial. Other trial irregularities were equally laughable. After nine years on death row, and despite numerous appeals and the support of anti-death penalty groups, Drumm’s execution date is fast approaching. Hundreds of miles away Travis Boyette walks into a church in Topeka, Kansas. Boyette is a serial sexual predator, on parole for his most recent assault. Boyette confesses to Reverend Keith Schroeder that he killed Yarber and knows where her body is buried. Boyette always figured that the Texas authorities would eventually figure out that they
“The Confession” by John Grisham 432 pages Published by Doubleday. Available in hard cover ($28.95) and paperback ($9.99). had the wrong man and Drumm would be released. Now, however, the execution is only days away and Drumm had little chance of exoneration. Boyette has an inoperable brain tumor, and he decides to confess to the murder. He tells Schroeder that he is going to die from natural causes in a few months anyway, and he therefore sees no downside to confessing in order to save Drumm’s life. Schroeder calls Drumm’s lawyer and is ignored. Lots of crank calls and phony confessions come in on the eve of an execution. Schroeder and Boyette mount an all night drive to Texas where Boyette goes on TV and confesses to the crime. No one listens. A l l a p p e a l s a n d o t h e r co u r t challenges to the execution are now final and Drumm’s last hope is clemency from the governor. Here Grisham takes us through the bizarre world of death penalty politics in Texas. Texas politicians get votes for taking lives in these situations, not saving them. At this point, we have to end this CliffsNotes version of Grisham’s story; we wouldn’t want to spoil the middle, let alone the ending. Some people criticize Grisham novels as formulaic, but he spins a good yarn. As with his other novels, this is a light read and an enjoyable page turner, perfect for that weekend blizzard or spring escape to the beach. D
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BRIEFS 2012–13 Governance The Denver Bar Association Nominating Committee has prepared the following slate of nominees to hold office in 2012–13: President-elect: Daniel R. McCune First Vice President: John M. Vaught Second Vice President: Gillian M. Bidgood Trustees: Nicholas Ghiselli, Barbara J. Mueller, and Lucia C. Padilla Board of Governors: Sarah M. Clark, Shelley Dill-Combs, Nike L. Fleming, Catherine A. Hance, Diego G. Hunt, Craig D. Joyce, Margrit A. Parker, Sal Quintana, Diane Smith, Sarah A. Steinbeck, and Emily C. Teel. Bylaw excerpts: 7-2-5 Any active, judiciary, or life member of the association may also be nominated for any office, except the office of president, by filing with the executive director a petition signed by at least 50 active, judiciary, life, or retired members of the association requesting placement on the election ballot and designating the office desired. Any such nominee for the office of second vice president must be 37 years of age or younger at the time he/she takes office. The form of such petition shall be made available by the Nominating Committee at the bar association office on or before April 10, and must be completed and received at the bar association office on or before 4 p.m., May 1. 7-2-6 If petitions for additional nominees are not received by May 1, the candidates nominated by the Nominating Committee are deemed elected and shall assume their respective offices as of the following July 1. If more than one person has been duly nominated for any office, an election by the members shall be conducted by the Nominating Committee for those contested offices.
Pro Bono Recognition Ceremony: See the New Justice Center
Denver area attorneys who have met or committed to reaching the Colorado Supreme Court’s pledge of providing 50 hours of pro bono legal services will be honored at 4:30 p.m. on Friday, April 13, at the Colorado History Museum. Before the ceremony begins, a hard-hat tour of the Ralph L. Carr Colorado Judicial Center will be led at 3:30 p.m. The event is sponsored by the Colorado Access to Justice Commission, Colorado Bar Association, and the Colorado Supreme Court. For more information contact Jill Lafrenz at jlafrenz@cobar.org or (303) 824-5333.
CAN’s Roll Out the Barrels Food Drive The Community Action Network’s 12th Annual Roll Out the Barrels Food Drive is April 16–27. All donations benefit Metro CareRing, a nonprofit hunger relief organization that operates one of the largest food pantries in Denver. To secure your donation bar rel, sign up on denbar.org. Questions? Please email Kate Schuster at kschuster@cobar. org.
Information about available grants and a request for proposals will be available at grants.lsc.gov during the week of April 9. Filing dates and submission requirements are also available there. Information about L SC grants funding, the application process, and eligibility to apply for a grant is available at grants.lsc.gov/about-grants. Questions? Email competition@lsc.gov.
DBA Annual Awards Party Celebrate outstanding lawyers at the Denver Bar Association’s Annual Awards Party on Tuesday, June 5. Honorees include Elsa Martinez Tenreiro, Award of Merit; Troy Rackham, Young Lawyer of the Year; Erich Bethke, Volunteer Lawyer of the Year; Hon. Daniel Taubman, Judicial Excellence; and Elizabeth Correa, Teacher of the Year. The party will be hosted at the Sherman Street Event Center, 1770 Sherman St., and will start at 5:30 p.m. RSVP to lunches@cobar.org.
LSC N otice of Available Grant Funds for 2013 Competitive grant funds to provide civil legal services in 2013 are available from the Legal Services Corporation. Grants are available only for certain service areas; to view a list of available grants b y s e r v i c e a re a , visit grants.lsc.gov/ about-grants/wherewe-fund. March 2012 I The Docket
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Just some of the books available from Colorado Bar Association CLE Check out the library at www.cobar.org/cle
FIVE EASY WAYS TO ORDER! MAIL TO: ONLINE AT: CALL: FAX TO: STOP BY:
CBA-CLE 1900 Grant Street, Suite 300, Denver, CO 80203-4303 www.cobar.org/cle/pubs.cfm IN DENVER 303.860.0608 TOLL-FREE 888.860.2531 303.860.0624 Our office and save on shipping!
$10 S&H plus sales tax are applied as follows: Denver, 7.72%; RTD, 4.1%; rest of Colorado, 2.9%.
The nonprofit educational arm of the Colorado Bar Association and the Denver Bar Association
24 The Docket I March 2012
1900 Grant Street, Suite 300, Denver, Colorado 80203-4303
The Colorado Lawyer / February 2012 / Vol. 41, No. 2 / 1
LIVE EVENTS AND LIVE WEBCASTS
VIDEO REPLAYS
March 1-2, 2012 Estate Planning Basic Skills 2012 Submitted for 14 General CLE credits, including 1 Ethics
March 1, 2012 Superior Legal Writing with William Bernhardt Submitted for 6 General CLE credits (video replay in Grand Junction, Colorado Springs, and Denver)
March 8, 2012 Accounting and How to Understand and Analyze Financial Statements Submitted for 6 General CLE credits March 9, 2012 Natural Resources for the Real Estate Lawyer: Water, Wetlands and Oil & Gas Submitted for 6 General CLE credits March 15, 2012 Practicing with Professionalism Submitted for 6 General CLE credits
March 2, 2012 Colorado Environmental Regulatory and Enforcement Summit Submitted for 9 General CLE credits (video replay in Grand Junction, Colorado Springs, and Denver) March 8, 2012 Winning Presentation Skills: For the Courtroom, the Boardroom, and Business Development Submitted for 3 General CLE credits (video replay in Grand Junction, Colorado Springs, and Denver)
March 16, 2012 Workers' Compensation Spring Update 2012 Submitted for 6 General CLE credits, including 1 Ethics
March 9, 2012 The eDiscovery Roadmap: From Planning to Production Submitted for 3 General CLE credits (video replay in Grand Junction, Colorado Springs, and Denver)
March 21, 2012 Partnership Compensation: Payment and Profit Possibilities Submitted for 3 General CLE credits
March 15, 2012 Family Law Basic Skills 2012 Submitted for 16 General CLE credits, including 1.2 Ethics (video replay in Grand Junction, Colorado Springs, and Denver)
March 22, 2012 Colorado Legal Legends: A Fireside Chat with Walter Gerash in 2012 Submitted for 2 General CLE credits, including 1.5 Ethics
March 22, 2012 Estate Planning Basic Skills 2012 Submitted for 14 General CLE credits, including 1 Ethics (video replay in Grand Junction, Colorado Springs, and Denver)
March 23, 2012 Foreclosure Law: Colorado's Unique Public Trustee Foreclosure Process Submitted for 8 General CLE credits
March 28, 2012 Natural Resources for the Real Estate Lawyer: Water, Wetlands and Oil & Gas Submitted for 6 General CLE credits (video replay in Grand Junction, Colorado Springs, and Denver)
March 30, 2012 Water Administration Information and Tools Available from the State Submitted for 7 General CLE credits
CBA CLE
1900 Grant St., Suite 300, Denver, CO 80203-4303
March 30, 2012 Accounting and How to Understand and Analyze Financial Statements Submitted for 6 General CLE credits (video replay in Grand Junction, Colorado Springs, and Denver)
Phone: 303-860-0608
Toll-Free: 888-860-2531
Fax: 303-860-0624
www.cobar.org/cle March 2012 I The Docket
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Legal
AFFAIRS GOOD THINGS The University of Colorado School of Law will honor distinguished alumni at the Law Alumni Awards Banquet on March 14. Joseph Neguse, a University of Colorado Regent, will be honored with the Distinguished Recent Alumni Award. William “Bill” Johnson, a partner of Rothgerber Johnson & Lyons LLP, will be honored with the William Lee Knous Award, the law school’s highest honor. Proceeds from this year’s banquet will benefit the David H. Getches scholarship fund. Getches, who was dean of Colorado Law until June 30, established the scholarship just prior to his untimely death on July 5. The National Trial Advocacy College at the University of Virginia School of Law has given its Hon. William J. Brennan, Carparelli Jr. Award to Hon. Russell Carparelli of the Colorado Court of Appeals.The award is given to judges, public officials, and private practitioners in recognition of their outstanding skills as trial lawyers and members of the judiciary, as well as their contributions to the National Trial Advocacy College and the legal profession. Greenberg Traur ig shareholder Neil Oberfeld has been named chair of the prestigious Jewish Life Committee for Rose ComOberfeld munity Foundation. The education advocacy group Stand for Children announced that Paul Lhevine will be the new executive director for the Colorado office. The Colorado Civil Justice League, a tort reform Stephenson group that represents the
Colorado business community, selected Wheeler Trigg O’Donnell associate Evan Stephenson as its 2011 “Lawyer of the Year.” This award recognizes Stephenson’s contributions to CCJL including his speaking, advocacy, and advisory roles for the organization. CHANGES Gibson Dunn is pleased to announce that Monica K. Loseman has been promoted to partner. Loseman practices in the areas of securities litigation, accountant liability, and general commercial litigation. In addition, the firm is pleased to announce that Tafari Lumumba, Bryan McCutcheon, and Josh Mitchell have joined as associates. Chipman Glasser, LLC is pleased to announce that Reid Allred has joined the firm as an associate. Allred’s practice will continue Allred to focus on complex commercial litigation. Jones & Keller, P.C. is pleased to announce that Perry L. Glantz and Lucas T. Ritchie are shareholders of the firm and Glantz Daniel C. Wenoggle has joined as an associate. Perry focuses his litigation and trial practice on business disputes involving banking, employment, Ritchie environmental, intellectual property, and oil and gas matters. Ritchie focuses his litigation and trial practice on business disputes involving Wenoggle employment, securities, health care, and motor carrier and trans-
portation matters. Wenoggle is a litigator who focuses his practice on disputes involving construction projects and property rights. Rumler Tarbox Lyden Law Corporation P.C. is pleased to announce Kimberly V. Sparks has joined the firm as an associate specializing in tax and business planning. Otten Johnson Robinson Neff + Ragonetti P.C. is pleased to announce the addition of three new directors: Julie E. Gifford, Amanda L. Smith, and Kimberly A. Martin. All three have distinguished themselves in their contributions to the firm and the community. Gordon and Rees LLP is pleased to announce that Heidi A. Chesley has been named a partner in the Denver office. Chesley Livingston Keithley has been elected partner at Kelly, Stacy & Rita, LLC. His practice will continue to focus on commercial litigation, representation in disputes of closely held companies, and representation of companies in employment matters and disputes. Replin & Rhoades, LLC proudly announced that it has elected senior associate attorney David Ratner a partner of the firm. Ratner’s practice concentrates on advising both creative and general business clients in all aspects of intellectual property and small business law. Abraham J. Laydon has become a shareholder and director of Burns, Figa & Will, P.C. Laydon practices in the areas of Laydon commercial and residential real estate, litigation and alternative dispute resolution, business law (for both
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.
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nonprofit and for-profit entities), and estate planning. Kutak Rock LLP recently hired Meshach Rhoades, of counsel. Rhoades joined the litigation group and will focus her practice on telecommunications and commercial litigation. Featherstone Petrie DeSisto, LLP would like to announce that Courtney A. Levkulich and Matthew A. Morr have become partners of the firm. Andrew C. Elliott has been elected shareholder in the Denver office of Brownstein Hyatt Farber Schreck. Elliott is a member Elliott of the corporate and business, tax, and finance groups. Elkind Alterman Harston P.C. is pleased to announce the addition of Camila S. Palmer as an associate to its immigraPalmer tion practice. Lapin Lapin, P.C. is pleased to announce that Theresa L. Corrada has joined the firm, of counsel. Corrada has 19 years of Corrada experience in employment law and general commercial litigation and also arbitrates employment cases for the American Arbitration Association. M o y e W h i t e L L P, announced the appointment of two new partners, Shannon M. Bell and Marian C. “Mimi” Bell Larsen. Larsen practices in the transaction section, focusing on complex real estate matters, energ y and natural resources law, Larsen commercial matters, and regulatory compliance. As a member of the firm’s trial section, Bell provides representation in high-value civil and commercial litigation, lender liability, officer/director liability, construction defect cases, land disputes, employment, and insurance defense matters. Ruegsegger Simons Smith & Stern, LLC is pleased to announce that Vito
Racanelli has become a member of the firm. His practice will continue to include the defense of workers’ compensation claims and other insurance defense matters. Holland & Hart is pleased to welcome Jonathan Anderson, Kelly Dickson Cooper, Stephanie Edinger, Peggy Gardner, Christina Gomez, J. Lee Gray, Mark Hamilton, Joe Ramirez, and Sandi Snodgrass to the firm’s partnership. The new partners represent a full range of Holland & Hart’s practice areas. Caplan and Earnest, LLC is ver y pleased to announce that Brad Hendrick has been named a member of the firm. Hendrick Hendrick has been practicing immigration law since 2002. Jackson Kelly PLLC is pleased to announce that Karen L. Johnston was recently elected to the firm’s executive commitJohnston tee. Johnston’s practice focuses exclusively on occupational safety and health and related civil, criminal, and administrative litigation. Hillyard, Wahlberg, Kudla, Sloane & Woodruff, P.C. is pleased to announce that David S. Woodruff has become a partner in the firm. Woodruff will continue to focus his practice on medical malpractice, product liability, and other catastrophic personal injuries. Miles & Peters, P.C. is pleased to announce that Scott Loftin has joined the firm as an associate. Loftin’s pracLoftin tice focuses on the health care industry, specifically in the areas of regulatory compliance, business planning and commercial transactions, government relations, Medicare/Medicaid certification and reimbursement, and civil litigation. Kutak Rock LLP hired David Kay, an associate, in the construction litigation group. Kay focuses Kay his practice on complex
commercial and construction litigation representing owners, corporations, general contractors, and subcontractors. In addition, the firm elected four new partners, Kristin G. Caid, A. Ann Hered, Heather L. Kendrick, and Jeremy D. Peck. Caid Caid practices in public finance; Hered focuses on federal tax issues; Kendrick focuses on commercial real estate; and Peck practices in federal and state civil Hered litigation, including bankruptcy cases and adversary proceedings. Alderman Bernstein, LLC is pleased to announce that Jessica D. Kosares Kendrick has joined the firm as an associate. Kosares will be practicing in the areas of eminent domain and condemnation law, real estate litigation, land use Peck litigation, and real estate transactional work. BRICKS & MORTAR Ayo Labode is pleased to announce the establishment of The Law Office of Ayo Labode, LLC specializing in elder law. Labode Labode is a former ombudsman, an advocate for nursing home residents, and has extensive experience working with nursing home issues. NEW FACES The Nelson Law Firm, LLC would like to congratulate Eric and Kacie Ballou on the birth of their son, Grayson Charles Ballou, on Dec. 10. The firm also congratulates Mark and Colleen Nelson on the birth of their twins, James Robert Nelson and Caroline Amanda Nelson, on Jan. 3. There is definitely something in the water.
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Dates on the
DOCKET DBA EVENTS All DBA meetings are scheduled at 1900 Grant St., Suite 900, Denver, unless otherwise noted. Call Melissa Nicoletti, (303) 824-5321, to schedule committee meetings so they will appear in this calendar.
March 1
Democracy Education Noon–1:30 p.m. Call Carolyn Gravit, (303) 824-5323.
March 6
Denver Access to Justice Committee Meeting Noon–1:30 p.m. Call Meghan Bush, (303) 824-5303.
March 7
Docket Committee Meeting Noon–1 p.m. Call Sara Crocker, (303) 824-5347.
March 8
DBA Board of Trustees 7:30–9:15 a.m. Call Denise Lynch, (303) 824-5327.
March 13
Waterman Fund Noon–1:30 p.m. Call Janet Bauer, (303) 824-5319.
March 20
Community Action Network Noon–1 p.m. Call Kate Schuster, (303) 824-5312.
FOR THE PUBLIC To volunteer for the DBA Public Legal Education programs or for more information, unless otherwise indicated, contact Meghan Bush at (303) 824-5303.
March 7
Lawline 9 — 4–6:30 p.m.
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Legal Night At El Centro De San Juan Diego 2830 Lawrence St. 5:30–7 p.m. Call (303) 295-9470.
March 13
Bankruptcy Clinic U.S. Bankruptcy Court 721 19th St. 1:30–3 p.m.
March 14
Lawline 9— 4–6:30 p.m. Pro Se Family Law Clinic Office of Economic Development 1200 Federal Blvd., Room 1018 5:30–7 p.m. Call (720) 944-2594. Legal Night at Mi Casa 360 Acoma St. 5:30–7 p.m. Call (303) 573-1302.
March 15
Collections Clinic Denver City and County Building 1437 Bannock St., Room 164 11 a.m.–1 p.m.
March 20
Small Claims Clinic Denver City and County Building 1437 Bannock St., Room 164 11 a.m.–1 p.m.
Legal Night at Mi Casa 360 Acoma St. 5:30–7 p.m. Call (303) 573-1302. Family Law Legal Clinic Office of Economic Development 1200 Federal Blvd., Room 1018 5:30–7 p.m. Call (720) 944-2594.
March 21
Pro Se Divorce Clinic 1437 Bannock St. Courtroom 22 Noon–1:30 p.m. Lawline 9— 4–6:30 p.m.
March 28
Bankruptcy Clinic U.S. Bankruptcy Court 721 19th St. 1:30–3 p.m. Lawline 9— 4–6:30 p.m.
Join a Committee! If you are interested in joining a DBA committee, call (303) 860-1115 with questions. For a full list of DBA committees, visit denbar.org.
Write for
The Docket DBA members are encouraged to send story ideas, photos, tips, and fun articles for the Docket Committee’s consideration. Our goal is to have a newsletter that is an outlet for prose by Denver attorneys, featuring stories about members and about matters of interest to our members. We want to include both the sincere and the satirical! Send member announcements, ideas, or content t o E d i t o r S a ra C ro c k e r a t scrocker@cobar.org.
Denver Bar Association Community Action Network The Community Action Network is looking forward to its 12th Annual Roll Out the Barrels Food Drive to benefit the Metro CareRing, a non profit hunger relief organization that operates one of the largest food pantries in Denver. Last year, Metro CareRing provided emergency and self-sufficiency services to more than 125,000 low-income and homeless individuals. Every day, Metro CareRing distributes more than two tons of food to families and individuals in need, and every family who visits the pantry receives a three-to-six day supply of nutritious, sustaining food. By donating food to Metro CareRing, you assist us in eradicating hunger in Denver. In 2010, this two-week drive provided $41,051 in donations and we hope to collect even more this year!
Cash donations are welcomed.
Make your check payable to Metro CareRing and reference “CAN Food Drive” on the subject line.
R ASSO BA
ON ATI CI
April 16–27
DENVE R
Roll Out the Barrels Food Drive Sin
c e 189 1
Top 10 Most Wanted Pantry Items: - Hearty Soup (Meat or Vegetarian) - Canned Tuna - Canned Cooked Beans (pinto, black, refried) - Peanut Butter - Canned Mixed Vegetables - Canned Fruit - Canned Tomatoes
To secure your donation barrel,
- Whole Grain Pasta
sign up on www.denbar.org.
- Pasta Sauce
Questions?
- Whole Grain Brown Rice No glass or perishable items please.
Please email Kate Schuster at kschuster@cobar.org.
Metro CareRing Litigation Section
CBA Litigation Section is the 2012 sponsor of the statewide Roll Out the Barrels Food Drive
will provide barrel drop-off and pickup.
March 2012 I The Docket
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Picture
THIS
DBA Past President Stacy Carpenter Honored with Davis Award Stacy Carpenter was honored with the 2011 Richard Marden Davis Award at a dinner at the Brown Palace on Jan. 25. The Davis Award is presented annually to a Denver lawyer who is 40-years-old or younger and “combines excellence as a lawyer with civic, cultural, educational, and charitable leadership in memory of Davis, a founder of the Denver firm Davis Graham & Stubbs.” Read more about the event at cbaclelegalconnection.com/2012/01/stacy-carpenter-past-dba-president-honored-with-davis-award. Photos by Sarah Overbeck. Stacy Carpenter (center) stands with DBA President Ilene Bloom and DBA Executive Director Chuck Turner at the Brown Palace. When accepting the award, Carpenter said: “In my heart, this award is really about all of us and is really about the legal community as a whole. It is an honorable profession, we are honorable people, and I hope that Dick Davis would be proud of us all.”
A view of the Brown Palace.
Past Davis Award honorees, from left, David Powell, Tim Macdonald, Kenzo Kawanabe, Todd Fredrickson, and Kristin Bronson pose during the reception. Other past honorees in attendance were Michael Carrigan, Paul Chan, Richard Gabriel, Allan Hale, Natalie Hanlon-Leh, Chris Little, Mari Newman, and Celeste Quinones. DBA Executive Director Chuck Turner poses with Stacy Carpenter’s father, Will Carpenter (a former DBA president), and her husband, Justin Prochnow.
30 The Docket I March 2012
DBA Happenings Bar Fellows Recognize Gary Jackson and Kara Veitch Longtime Denver attorney Gary Jackson was honored with the Colorado Bar Association’s highest award, the Award of Merit, on Jan. 6 at the Colorado Bar Foundation Bar Fellows Dinner at the Hyatt Convention Center. Kara Veitch also was recognized at the event as the CBA Young Lawyers Division’s Gary L. McPherson Outstanding Young Lawyer of the Year. Read more about the honorees and the event at cbaclelegalconnection.com/2012/01/gary-m-jackson-receives-colorado-bars-highest-honor. Photos by David Zalubowski.
Award of Merit honoree Gary Jackson stands with his mother, Nancy. During his acceptance speech, he recalled how his mother supported him when a Colorado Supreme Court justice remarked in a newspaper editorial that Jackson’s appearance was not professional. In rebuttal, Nancy wrote the justice a letter praising her son’s abilities. That justice invited Jackson and his mother to lunch, which lead to a friendship.
Allan Friedberg, Colorado Supreme Court Chief Justice Michael Bender, and former DBA President Hubert Farbes, Jr. share a laugh at the Bar Fellows Dinner.
Pamela Mackey and CBA President-elect nominee Terry Ruckriegle smile during the cocktail hour.
Honorees Gary Jackson and Kara Veitch pose together before the awards reception begins. March 2012 I The Docket
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our panel is growing John Hayes, an AV Preeminent rated attorney for 25 consecutive years until his retirement from the active practice of law, specialized in the representation of governmental entities. While representing municipalities, special districts and other governmental entities John handled all the varied kinds of litigation in which a business would find itself involved. In addition, John regularly handled those types of issues more common or unique to government. In the process John established a recognized expertise in local government law. It is this wide range of experience gained through 37 years as a member of the bar as well as his enthusiasm for this next stage of his career that John brings to his dispute resolution practice.
John E. Hayes, Esq.
Since 2010, Randall C. Mustain-Wood, Esq. has devoted his practice exclusively to mediation, arbitration, special master and other collaborative efforts which are the core of a 21st century domestic relations alternative dispute resolution practice. His approach is multi-dimensional and multi-disciplinary and emphasizes creative approaches in all areas of family law disputes. Prior to this, from 1979 to 2009, he was a litigator who limited his practice to family law. His emphasis during his litigation practice was high conflict children’s issues, complex spousal maintenance questions and high asset property division. Randy’s extensive experience in family law brings a unique Randall C. Mustain-Wood Esq. understanding of how to apply alternative dispute resolutions to the problems of divorcing families.
410 17th street, #1600 denver, co 80202 local: 303.534.1254 tollfree: 1.866.534.1254 32 The Docket I March 2012
The resoluTion experTsÂŽ