2014 November

A Denver Bar Association Publication I 36 Issue 10 I November 2014

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Vol. 36 Issue 10 I November 2014

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THE ROBES AND WIGS OF HISTORY’S COURTROOM REFLECTIONS ON THE NEWS Then and Now LIFE & THE LAW: LESSONS LEARNED FROM A DENVER JUDGE’S 50-YEAR JOURNEY

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

November 2014 I The Docket 3

INSIDE 6

From the President

7

Briefly

8

Words of Wisdom

10

Infographic: The Practice of Law Then vs. Now

16

Ethical Dilemmas, or A No Good, Terrible Bad Day

19

How Should We Select Our Judges?

21

My Paperless Office

23

Book Review: The Punisher’s Brain

24

West to the 32nd Meridian: Colorado Legislation

29

Comida Cantina Bar Review

IN EVERY ISSUE 30

Legal Affairs

32

Briefs

32

Bar Resources

33

Dates on the Docket

35

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 November 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.

Since 1984

Bob Hyatt

November 2014 I The Docket 5

FROM THE PRESIDENT

Grab Your Portfolio—A Bar Ambassador Program For Young Lawyers “We plan to kick off the Bar Ambassador program with a reception Thursday, Nov. 13, starting at 5:30 p.m. at the newly renovated Union Station. Everyone is invited to attend, members and nonmembers alike. Contact Heather Clark at the Bar Association for more details, or RSVP by email.”

B y J ohn M. Vaught

T

he sky is by no means falling. Nonetheless, it is a challenge to make the bar association constantly relevant to new lawyers. The employment market for young lawyers has been changing since at least—if not before—2008. Student enrollment is declining, even at major law schools. Research houses like LegalZoom compete for billable time. More graduates struggle with crushing debt and career issues—law firms have simply found they can get by with a little less. More young lawyers are turning to sole proprietorships or non-traditional employment as a means to develop a career. As a result, the bar’s message of relevance to young lawyers needs to improve—both in substance and in form.

I have previously written about an innovative bar program called “15 x 15.” The initiative is intended to grow DBA young lawyer membership by 15 percent by July 2015, addressing new enrollment and the retention of young lawyers. However, improving our substantive programming is equally important.

During 2014–15, the DBA will develop a “Bar Ambassador” program to improve communication with the YLD community and the bar community as a whole. Our Board of Trustees, with the assistance of bar staff, will contact approximately 35 of the largest law firms in Denver. We will ask the Managing Partner to appoint one or more Bar Ambassadors, whose responsibility will be to serve as a role model and mentor to young lawyers regarding DBA matters, communicate with them about the benefits of the bar, and encourage membership and participation in YLD activities. Our responsibility will be to keep your Bar Ambassadors informed about events and opportunities specifically

6 The Docket I November 2014

available to those relatively new to the practice of law.

We are simultaneously developing a marketing program named “iBelong,” which emphasizes the benefits of DBA membership to those who want to join, but question whether they will not materially benefit.

The goals of the 15 x 15 initiative are to enhance the benefits of membership to firms, by way of better communication with members. We will gain new members and adapt our message to be more relevant to those entering the practice of law.

Firms also will benefit by having their youngest members serve the DBA through leadership and bar activities. More young lawyers, when better informed, will serve their communities through pro bono programs and leadership opportunities.

Finally, young lawyers will begin to connect with our 9,000 members—connections and personal relationships that will ensure their success in the practice of law and directly benefit their law firms. We plan to kick off the Bar Ambassador program with a reception Thursday, Nov. 13, starting at 5:30 p.m. at the newly renovated Union Station. Everyone is invited to attend, members and nonmembers alike. Contact Heather Clark at the Bar Association for more details, or RSVP by emailing lunches@ cobar.org or calling 303-860-1115, ext. 727.

Whether you are employed by the 35 largest law firms or not—grab your portfolio and become a Bar Ambassador. Not only will each Bar Ambassador be recognized at our annual meeting, but you will make a huge difference in someone’s life.

Now that’s a portfolio we all need to carry. D John M. Vaught President, Denver Bar Association Email: dbapres@denbar.org

BRIEFLY “In the months ahead, I will leave the Department of Justice, but I will never leave the work.

I will continue to serve and try to find ways to make our nation even more true to its founding ideals.”

U.S. Attorney General Eric Holder, announcing his resignation (bit.ly/1BwkqAv)

Oldies (Are Not Freebies)

A federal judge recently ruled that Sirius XM Radio Inc. must pay royalties to the founding members of the ’60s sunshine pop band “The Turtles” for playing their songs. The case centered on the question of whether an ambiguously worded California law created royalty obligations for satellite and Internet radio companies that play music made before 1972.

While federal copyright law covers post-1972 recordings, Congress left it up to states to set their own copyright rules for music released before then.

This decision may make it more expensive for satellite-radio broadcasters and Internet radio companies to feature classic tunes, like The Turtles hit “Happy Together.” (on.wsj.com/ZkzVQu).

10 technologies that have changed the practice of law, according to an infographic from MyCase (bit.ly/1yuoW6y) 1. Typewriters 2. Copiers 3. Fax Machines 4. Desktop Computers 5. Word Processing

6. Computerized Legal Research 7. Laptops 8. Internet 9. Mobile Revolution 10. Cloud Computing Revolution

DBAdocket.org Comments: “How lucky the DBA is to have Beth as its YLD President. Beth is dedicated to making the practice of law an honorable profession and assists in that endeavor by displaying professionalism every day.”

—Jim Benjamin, in response to the article “Incoming DBA YLD Chair Elisabeth Mankamyer on the Value of the Bar” “Good to hear what you’re up to Sam, sounds exciting. Pretty soon you’ll have more clients than you know what to do with and a business you can be proud of. Have you considered a glowing neon shingle? That would be sweet. Best of luck.”

—Matt Skeen Jr., in response to the article “Hanging a Shingle: Lessons Learned From Launching a Practice As a Young Lawyer” November 2014 I The Docket 7

THE ROBES AND WIGS of HISTORY’S COURTROOM

B y K ei t h Le w is As we reflect on the past with this month’s nostalgia issue, I cannot help but admire certain traditions of the past. For example, the old robes and wigs once donned by both judges and lawyers in colonial and early American history were especially awesome. Okay, maybe the wigs went too far (even looking at them makes me itchy), but there is something to be said for sartorial formality in the courts.

In reflecting on the yesteryear of our profession, my own personal experience with the old days is noticeably lacking.

After all, I started my career only six short yesteryears ago. I mean, 2008 was not so different from today, right? Nevertheless, one thing I’ve always admired about legal history is the formal dress code of traditional court business. That’s why for lawyers in America, I want to bring back the robes and ditch the boring Western business suit. What are we? Stockbrokers? We need robes.

Lawyers might be the only profession without a really cool uniform. Doctors basically wear pajamas to work , like “hey, I’m saving lives, I don’t have time to get dressed.” Chefs get to

wear interesting white smocks and aprons, with ink pens sheathed on the shoulder. Do chefs need pens? Even the clerg y still get decked out every Sabbath with their own unique and solemn cassocks. And don’t even mention karate instructors to me. But, unfairly, lawyers are still stuck with the boring old Western business suit and tie. Lawyers should reclaim and reestablish our historical, more formal garb of robes and gowns. Let’s face it, those robes look pretty cool.

And the better you look, the better you will feel in court. Plus, think of all the money you will save on dry cleaning dress shirts.

Even to this day, the U.S. Solicitor General and government lawyers before the Supreme Court wear “morning clothes” consisting of a frock coat with tails, striped pants, and a vest. In 2014, that is some serious adherence to tradition, but it’s still lame compared to the robe John Adams wore when he defended the colonial British troops accused of the murder of Crispus Attucks.

While most of America moves toward less formality in their attire at work, and even in church, lawyers have a decision to make. Of course, we could follow the mainstream progression toward informality in dress as we work and worship, but that’s no fun. Instead, we should go the other way and stand out. Let’s have a cool uniform again, just like doctors.

Bring back the barrister’s robes. D The author, Keith Lewis, is an attorney at Gibbs Young who hates ironing dress shirts.

8 The Docket I November 2014

DBA members LEIA G. URSERY, KIM MARTIN and KATHY KANDA traveled to ICELAND over the summer and took in beautiful scenery.

KERRY HAMMOND traveled to EGYPT, JORDAN and ISRAEL this past May with her husband Ray. On the far left, they are by the Sphinx and Pyramid in Egypt. In the middle photo, Kerry is walking the Stations of the Cross in Jerusalem, Israel, and on the right, they are floating in the Dead Sea in Israel.

MARSHALL SNIDER took the photo on the left as he departed from the city of HUE, VIETNAM. He says: “Hue is pronounced ‘way,’ so the sign with the line through it (indicating you are leaving) says ‘no way.’” The photo on the right is a shrine at the top of a mountain pass in TIBET.

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10 The Docket I November 2014

REFLECTIONS ON THE NEWS, THEN AND NOW B y R ya n Ja rdi n e

As

w e go in search of the “good old days,” I feel strangely like Professor Wormbog executing a careful search for the illusive

Zipperump-a-Zoo. Everyone is talking about it and even longing to return to it, but when you really try to find it, it always remains out of reach. The following quiz will test your ability to recognize the good old days from the more recent. In each section, unless otherwise noted, two quotes are from The Virginia Gazette – circa 1769 – and one quote is from the last ten years. Can you identify which is which?

After a careful study, you may feel inclined to conclude that the good old days may simply be an adult-onset chimeric vision, or as my friend in 1769 put it, “To speak impartially, old men from whom we should expect the greatest example of wisdom, do most exceed in this point of folly; commending the days of their youth [and] extolling those times which in their younger years they heard their fathers condemn, and condemning those times which the gray heads of their posterity shall commend.”

November 2014 I The Docket 11

Directions: match the letter to the description

ON MARRIAGE AND RELATIONSHIPS: a. December 7, 1769 b. February 4, 1773 c. New York Times, September 14, 2014 1. ______ It is one of the greatest unhappinesses of our times that matrimony is so much discountenanced, that in London, and other great cities, so many never marry, and that the greater part have got into the unhappy and unnatural way of wasting the best years of their lives in a giddy round of vain amusements, and criminal pleasures.

3. ______ It is with the utmost concern I acquaint you, my young friends, that marriage, an ordinance of God, so honorable in itself, and so absolutely necessary for the maintenance of society, is at presence greatly on the decline. I am sorry to say there is too great reason to fear it proceeds from the gaiety, levity and extravagance, which so dreadfully appears throughout the whole nation.

2. ______ Marriage is disappearing. Many young adults drift into parenthood unintentionally. We’ve been worrying about these trends for years and wondering: Can marriage be restored as the standard way to raise children? As much as we might welcome a revival, I doubt that it will happen.

ON REVOLUTION AND WAR a. October 21, 1775 b. The Jeffersonian Democrat, July 27, 1860 c. The New Yorker, September 2014 1. ______ Whatever sentiments some men may have concerning the efficacy of the sword, how necessary forever it may seem to some politicians of the state, for my own part, I can never think it a proper method, either to establish religion or dominion in any part of the world. Bayonets are but poor inducements to excite love, and I am sure would sooner procure hatred than esteem.

2. ______ The executive branch seems to believe that it can ignore restraints on pursuing what looks very much like a war by denying that it is one, while avoiding checks on constitutionally questionable practices in the name of an ineffable war. By this logic, war is both nowhere and everywhere.

12 The Docket I November 2014

3. ______ A civil war is now raging in Syria, which seems to be no less than a war of extermination…The wholesale massacres of men, women and children has scarcely a parallel in the history of civil wars. The government does not interpose to stop the carnage and it is even stated that they seek to connive at it.

a. December 29, 1752 b. January 21, 1773 c. Washington Times, 2011 1. ______

Luxury poisons a whole nation. It is commonly urged that luxury serves to feed the poor at the expense of the rich; as if the poor could not more profitably provide for themselves by increasing the fruits of the earth, than by unmanning the rich of the refinement of volumptuousness. Thus a whole nation habituates itself to look upon the most superfluous things, as the necessaries of life; and thus every day brings forth some new necessity of the fame kind and men can no longer live without things, which but thirty years ago were utterly unknown to them.

2. ______

Handshakes, politeness, proper greetings, civilized decorum and courteous behavior are increasingly things of the past. Many people are unable to speak proper English. Children are spoiled and overinduldged. They lack basic respect for parental authority—never mind for neighbors and strangers.

They are conditioned that they must have the latest consumer goods. America is sliding slowly into a cultural abyss.

3. ______ The effeminacy of our manners so often complained of by the moralists of late years, seems now to have risen to the utmost height of extravagance.

The state of corruption and degeneracy which [he] foresaw was to happen, has actually arrived; the liberal…genius which distinguished our ancestors appears entirely to have fled from this County.

Books are no longer regarded as repositories of taste and knowledge, but are rather laid hold of as a gentle relaxation from the tedious round of pleasure. Show and pleasure are the main objects of pursuit. As the general habit of refined indulgence is strong, and the habit of enduring is lost, as the general spirit of religion, honor and public love, are weakened or vanished, we may with truth conclude that the ruling character of the present time is a vain, luxurious, and selfish effeminacy. I am, Sir, an admirer of the manners of the last age.

Ryan T. Jardine is a public finance attorney with Kutak Rock LLP in Denver. He may be reached at ryan.jardine@kutak-rock.com.

ANSWERS: Marriage and Relationships: 1.b 2.c, 3.a; Revolution and War: 1.a, 2.c, 3.b; Morality and Character: 1.a, 2.c, 3.b.

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November 2014 I The Docket 13

LIFE & THE LAW:

Lessons Learned from a Denver Judge’s 50-year Journey “We used to be able to do it on a handshake and settle things over breakfast.”

B y Court ne y G ib b “I still believe in paper. They had to pull me kicking and scratching into the 21st century,” Judge Herbert Galchinsky says, chuckling.

Galchinsky may not be clamoring to learn coding, but his immense success in the legal profession far makes up for his lack of computer wizardry anyway.

Well-known and respected in the local legal community, he just received his 50-year pin celebrating 31 years as an attorney and 19 years as a judge. He was the 2004 recipient of the DBA Judicial Merit Award and held the AV rating for 26 years as an attorney.

Herbert Galchinsky, ESQ Although Galchinsky began college as a business major, he was—unknowingly at the time—already a natural lawyer. While attending undergrad and playing basketball at the University of Denver, Galchinsky worked part-time at a sporting goods store. A co-worker who had racked up a long list of driving tick-

14 The Docket I November 2014

ets got his license taken away, and asked Galchinsky for help in court. So, at age 19, Galchinksy presented his co-worker’s “hardship” case, and successfully helped him get his license back so that he could keep his job. Galchinsky also left quite the impression on the hearing examiner, who ended with some pointed advice: “And you, young man, you need to go to law school.”

Galchinsky says it was then that he recognized the power of persuasion and words. He switched his major to prelaw and went on to attend law school at the University of Denver.

After graduation, he entered the world of private practice, where he learned all he could about the law from 1964 to 1995.

One of the most rewarding aspects of the practice for Galchinsky is sitting down with a client and solving their problem with law and procedure.

Eventually, Galchinsky reached the point where it was time to practice law from the other side of the bench. One major factor in his decision to move from lawyer to jurist was the growing feeling of incivility in the profession among lawyers.

“I wasn’t happy with the way attorneys were treating each other,” Galchinsky says.

Recalling the trust among fellow lawyers when he was in private practice, he says: “We used to be able to do it on a handshake and settle things over breakfast.” Now, everything is a little more complex and has to be in writing. He says that while most honor the oath, there are a few you have to watch out for.

In the Courtroom: Judge Galchinsky Galchinsky felt he could really make a difference in court. This was especially true when it came to juvenile court, where says he could impact those on the verge of entering a lawless life, and help them to “change their course and stay in school.” Another area he enjoyed as a judge was civil court, because there you are looking for the truth, justice and equity. “Most of the time,” he says, “the law is based on fairness and common sense.”

Now retired and a senior judge, Galchinsky also does mediation, arbitration, and officiates weddings. He only retired from the bench in 2011 because of the mandatory retirement age of 72.

As someone who’s been around the legal block a few times, Galchinsky has plenty of recommendations for improvements within the practice of law, one of which is changing the mandatory retirement age to 75.

He notes that people are living longer today, and medicine and care is better. So, although some people probably should retire around 70, others are fit to work longer. For those yearning to stay on the bench a little longer, Galchinsky says a mental/physical test to prove competency after a certain age should be considered.

Another area in need of change according to Galchinsky is the time requirement to become a judge. He is passionate about the fact that judges in Colorado can better serve the public if they have more experience and knowledge in different fields.

“I don’t think the rule in this state should be that you only have to practice law for five years before becoming a judge,” Galchinsky says. “It should be a minimum of ten years, with half of that in civil and/or criminal law.”

On that day, he may officiate anywhere between 15 and 20 weddings!

“I’ll do weddings until I can’t climb the mountain anymore,” he says.

Family Life: The Galchinskys

Herby the Love Judge Even when Galchinsky isn’t laying down the law from the bench, he’s still laying down the law—just in a more romantic setting.

“When you have a name like Herb and you do weddings, you have to be called ‘Herby the Love Judge’,” he explains of his nickname.

Since he first became a magistrate 21 years ago, Galchinsky has been officiating civil secular ceremonies. And he’s earned quite the reputation for these weddings in the Colorado community and beyond.

Galchinsky calls officiating weddings “good therapy” because he’s around happy people in a time of love and celebration. After seeing the dark side of the law for so long in criminal cases, for example, the joy is much needed in his professional life.

One of his favorite weddings was held south of Castle Rock, in a field where guests sat on bales of hay. The bride was flown in to the ceremony in a helicopter by her pilot father. Galchinsky has done countless weddings in the Colorado mountains, as well—some even on top of the mountains—and says that those are always beautiful. Most couples learn of “Herby the Love Judge” simply by word of mouth.

Galchinsky also volunteers his time on Valentine’s Day to do weddings at the Clerk and Recorder’s Office in Denver.

One accomplishment even more wonderful and impressive than Galchinsky’s 50-plus years in law is his 53 years of marriage. Galchinsky and his wife were married in 1961, and have two children: Cindy and Michael. His daughter, Cindy, is a special education teacher in Denver, and his son, Michael, is a professor and the Director of Academic Programming Review at Georgia State University in Atlanta.

Galchinsky and his wife have four grandchildren, the oldest of whom just started law school this fall at Emory University.

“I told him that the first year would be the toughest year of his life,” Galchinsky says, “but to hang in there because there’s light at the end of the tunnel.”

Galchinsky clearly has a deep respect for the profession, as he recommended it to his grandson, mentored him through the process and is ultimately very proud of his choice. He says, “It’s a very satisfying profession, in terms of helping others through their problems. That’s what life is about.”

When asked how long he plans to continue as a senior judge, Galchinsky laughs: “When I’m 95 I’ll take a look at it and review.” D

Judge Galchinsky taught a class titled “20 Things that Your Professor Will Never Tell You about the Practice of Law” at Denver Law. He offers some of his wisdom here: • Bring your calendar to court: when the judge gives you a date, write it down.

• Make love to the bailiff and clerk (that is, be extra nice to them—they can help you out).

• When you become an attorney, don't become arrogant and obnoxious. Remain humble and show humility. This is common sense, which more than a few lawyers do not have. If you treat everyone with respect, you will be wildly successful.

• Don't be the type of lawyer who files pleadings and motions but does not talk to opposing counsel about trying to settle the case. Don't wait for the judge to order mediation.

• If you become a judge, avoid BLACK ROBE DISEASE. This applies to county judges up to all federal judges.

• Definitely have a healthy outlet such as theater, sports, music, art, outdoor interests and hobbies. Practicing law from either side of the bench is stressful. You need other things in your life to keep you grounded, stable, and mentally, emotionally and physically healthy.

Courtney Gibb is the communications and marketing specialist for the Colorado and Denver Bar Associations and editor of The Docket.

She can be reached at cgibb@cobar.org.

November 2014 I The Docket 15

ETHICAL DILEMMAS

or A No Good, Terrible, Bad Day

by J udi t h R o senblum

O

n August 1, you purchased additional storage space on icloud.com. Proud as punch, you eliminated your backup server in your office, the need for a VPN code —which we all know is slow as molasses—and moved all your client files to the au courant cloud storage solution. You also feel pretty good about security. After all, most hackers go after Windows and Android systems.1 In early September, you sit down with a cup of coffee to read your digital edition of The Denver Post. The blood drains from your face as you try to differentiate between a coronary incident and a panic attack. The news is full of an Apple/icloud security breach. After you are assured that you are not suffering a heart attack, you thank the stars that celebrities are still dumb enough to save naked pictures of themselves on their iPhones— and, hence, iCloud—making your client files comparatively unattractive for viewing. But it makes you think—it makes us all think: What could we be doing better? What if it were our clients’ confidential information being spread across Twitter?

As attorneys, we are generally very aware of our obligations to our clients, to our profession and to the courts. Could we be sued for malpractice for maintaining files in the cloud? It certainly could happen. Whether the suit would be successful is another issue. With the advent of cloud storage solutions, many

16 The Docket I November 2014

attorneys and clients store information this way, wisely or not.

The cloud can be an effective tool, but we have to understand how best to use it. We must comply with ethical obligations regarding competency,2 maintaining client confidences,3 safeguarding client property4 and appropriately retaining client records.5

Shh. Everyone’s listening and watching We used to worry about attorneys who talked loudly about clients in an elevator or restaurant. While every attorney must still learn to hold her tongue in public, storing information in the cloud or distributing information through the Internet could be a breach of our ethical obligations as well. It is well established that attorneys must use reasonable care in not sending email transmissions containing confidential metadata. 6 Under ordinary circumstances, emails from attorneys need not be encrypted.7 But not all emails involve ordinary circumstances. Some email transmissions involve highly confidential information. In these situations, attorneys may need to consider encrypting that information. The same is true of storing client documents in the cloud.

It is established that attorneys are not responsible for improperly intercepted emails.8 A logical expansion to cloud storage would indicate that if we take reasonable care in storing client information in the cloud, attorneys should not be

held responsible for third party hacking. Responsible or not, if hacked, that release would certainly injure our clients.

What we really want is to avoid panic attacks and to best protect our clients’ information. If we have reason to know that a particular cloud storage site is prone to being hacked, maybe our use of that storage site without further encryption would be a breach of our competency and professionalism obligations. As with early cordless telephones that could be easily intercepted with an AM radio, attorneys should inform clients that documents or information stored in the cloud may be hacked and such disclosure could cause a loss of the attorney-client privilege.

Client consent should therefore be obtained prior to any cloud storage of documents.

“What we really want is to avoid panic attacks and to best protect our clients’ information.”

Even if the attorney–client privilege is maintained, highly confidential information may lose its value if it is disclosed to the public. For example, information on an unfiled patent application or client trade secrets may be so valuable that it should not be stored in the cloud or should be more heavily encrypted prior to storage.

Exercise reasonable care.9 It can’t get easier. The recent hacking of Apple’s cloud storage occurred because of a weakness in Apple’s software allowing for unlimited password and username guesses in the “Find My iPhone” application. 10 These hacks cannot be controlled and this should make us nervous enough to be very careful. Even if our clients do not consider some stored information to be highly confidential, attorneys breach several ethical obligations if we have reason to think information could be hacked.11 Cloud storage is relatively inexpensive. It is convenient. It is generally fairly quick, as long as we have a good Internet connection. Ultimately, it is incumbent on each attorney to balance the risks and benefits of cloud storage in deciding whether to use it.

In making that decision, there are steps we can take to improve the safety and security of that information.

1. Provider Access Does the provider have access to the information stored?

After the recent icloud hack, both Apple and Google announced a default encryption protocol. Apple’s protocol would encrypt your cloud storage information—even from Apple.12 If the information is regularly and frequently re-encrypted so that even the provider cannot get access, this would assist in maintaining the security of information stored. This type of encryption is also provided by some other cloud storage solutions, like Spideroak. If the provider does not encrypt data, there are hardware and software encryption solutions that attorneys can use. While there are still risks with hardware and software encryption technologies, new options are being introduced into the market constantly. Once an encryption solution is selected, the attorney should regularly

review new technology. It is probably self-evident, but technology is a moving target. There is no one-time solution.

2. Audits Ask your cloud storage provider to give you regular, confidential audits of data access logs. Monitor activity to ensure that employees or independent contractors are the only individuals accessing your information.

3. Backups Confirm with the provider how backups will be managed, maintained, deleted and accessed.

4. Client Disclosure An engagement agreement with each client should contain details on how information will be stored in the cloud and allow the client to either authorize or disallow such storage.

5. Client Access Clients may like the idea of being able to access their files through a cloud service. Any cloud provider must have a way to create a ‘share’ point that is unique to that client and passwordprotected. No client should be able to view other share points or even see that other share points exist. Some providers also require two-step authentication that may be helpful. For an extra layer of protection, specific files can be separately encrypted.

6. Document Destruction Documents stored in the cloud should be subject to the same document destruction policies as hard files.13

7. On-Site Backup Regardless of the cloud solution selected, every law office should maintain an on-site, secure, electronic backup of all files.

What if the cloud goes down? What if a terrorist attack on the cloud occurs?

Ethics rules aren’t complicated. Most of them are based in plain common sense.

That being said, as attorneys we are counselors to our clients.

We are provided detailed information so that we can help guide clients in conducting business, protecting hard work or helping them prove their innocence in court.14 Our ethical obligations relate not just to matters the client discusses in confidence, but also to our entire representation of that client, regardless of source.15 If a client wishes to share information with third parties, that is her prerogative. We cannot disclose client information unless the client authorizes it. Even if information is outside “attorney–client privilege,” we have an ethical obligation not to share that information. This includes client names, fee payments and whether an individual or entity is even a client.

In deciding how to reasonably protect information stored in the cloud, we can look to what other states have advised in this area. In California, the State Bar put forth several factors for attorneys to analyze when considering using various types of technology: (1) assess the level of security offered, (2) consider the legal ramifications of unauthorized access, (3) determine the degree of sensitivity of the information, (4) consider the impact on the client if unauthorized access occurs, (5) consider the urgency of the situation and (6) determine client instructions.16 In elevators, restaurants, bathrooms, gyms or other pubNovember 2014 I The Docket 17

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lic places, we would not reference our clients in any way that a third person might recognize about whom we are speaking. We would never publicly discuss our clients’ confidential information. This careful behavior should extend to the cloud. D

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4:16 PM

A Club for your whole life.

This article is not intended to be legal advice or to sponsor any cloud storage solutions.

Judith Rosenblum has practiced law in the intellectual property arena for more than 27 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 720684-5375 or jrosenblum@holzeriplaw.com.

Denver’s Exclusive Private City Club More than just a gym.

1 Security Threat Report 2013 “The PC remains the biggest target

for malicious code today…” available at www.sophos.com/en-us/ medialibrary/PDFs/other/sophossecuritythreatreport2013.pdf. See also, Threat Report H12014, “Android continues to be a favorite target for majority of the mobile threats” available at www.f-secure.com/ documents/996508/1030743/Threat_Report_H1_2014.pdf.

2 Colo. RPC 1.1 3 Colo. RPC 1.6 4 Colo. RPC 1.15A 5 Colo. RPC 1.16A 6 Ethics Committee, Colorado Bar Association, Formal Opinion #119 (May 17, 2008) available at cobar.org/repository/Ethics/ FormalEthicsOpion/FormalEthicsOpinion_119_2011.pdf.

7 ABA Formal Opinion 99-413: Protecting the Confidentiality of Unencrypted E-Mail (March 10, 1999).

8 Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-22 (1994 and 1999 supps.); 18 U.S.C. § 2511(1)(a).

9 Ethics Committee, Colorado Bar Association, Formal Opinion #90 (Nov. 14, 1992) available at cobar.org/repository/Ethics/ FormalEthicsOpion/FormalEthicsOpinion_90_2011.pdf. See also, ABA Law Practice Management Section, Cloud Ethics Opinions Around the U.S.: Quick Reference available at www.americanbar.org/groups/ departments_offices/legal_technology_resources/resources/charts_ fyis/cloud-ethics-chart.html.

10 Forbes, “Creator Of iCloud Hacker Tool: I Would Have Warned Apple If It Properly Rewarded Researchers” September 4, 2014. (forbes.com/ sites/thomasbrewster/2014/09/04/creator-of-icloud-hacker-tool-iwould-have-warned-apple-if-it-properly-rewarded-researchers/).

11 Safekeeping property (Rule 1.15); Competence (Rule 1.1); Communications (Rule 1.4) and Confidentiality (Rule 1.6).

12 Apple’s new IOS 8.0 system makes it impossible for Apple to bypass a user’s password, thus making it more difficult for police to subpoena access to accounts. “Apple will no longer unlock most iPhones, iPads for police, even with search warrants” Washington Post Online (September 18, 2014) available at washingtonpost.com/business/ technology/2014/09/17/2612af58-3ed2-11e4-b03f-de718edeb92f_ story.html.

13 Colo. RPC 1.16A 14 Colo. RPC 1.6.

15 Colo. RPC 1.6, comment [3].

16 California Formal Opinion 2010-179 available at ethics.calbar. ca.gov/LinkClick.aspx?fileticket=wmqECiHp7h4%3D&tabid=836.

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18 The Docket I November 2014

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HOW SHOULD WE SELECT OUR JUDGES?

B y K ei t h Le w is “In too many states judicial elections are becoming political prizefights where partisans and special interests seek to install judges who will answer to them instead of the law and the Constitution.”

— Former U.S. Supreme Court Justice Sandra Day O’Connor How should we select our judges?

This question has been a dilemma in America since the Framers of our Constitution. Back in 1788, Alexander Hamilton espoused the view that judges must be insulated from politics to avoid mob rule over minority interests. In Federalist No. 78, Hamilton argued that the judiciary is the weakest of the three branches of government, because it depends upon the power of the executive and the purse of the legislature to support its legitimacy. This relative weakness of the judiciary, Hamilton argues, supports the permanency of judicial office by balancing the need for minority viewpoint protection against the fear of tyranny by the Supreme Court. Tyranny by the courts would be virtually impossible because judicial decisions are enforceable only with the consent and support of the other branches.

Fast forward nearly two-and-a-half centuries and states are still at odds over how to best select judges. The major paradigms for judicial selection are public elections, merit selection

(commission-based appointment), pure gubernatorial appointment and legislative elections. Elections and merit selection are the most common, but considering all the variations within these paradigms, each state essentially has its own unique judicial selection system.

More broadly though, at least 22 states now select judges by some form of a merit selection system, including Colorado. Colorado’s system in particular has been lauded by experts, but not all agree with its efficacy. Organizations such as the Heritage Foundation argue that a merit selection system does not actually remove politics from the judiciary, it merely removes the politics from the voters’ oversight. Opponents of the merit selection model also note that the retention elections will lead to the same difficulty that proponents cite as problematic with a pure election system—that a judge may hesitate to issue an unpopular, but correct decision with an election looming.

There are no clear solutions to the problem of avoiding a politically captive judiciary while simultaneously affording a citizen voice for oversight. Freedom is hard work. However, removing the contested elections in favor of a “yes or no” retention vote at least takes the money and partisan politics out of the election, thus giving the voters a clear-minded choice without the influence and spin of a contested campaign.

Notwithstanding some valid points by the opponents of a merit selection system, the results have shown that insulat-

No one wants a judge considering the political needs of his upcoming election when deciding a contentious case. ing judges from the political will of the majority will tend to protect minority viewpoints. No one wants a judge considering the political needs of his upcoming election when deciding a contentious case. This tension between politics and the law happens all the time. In 2010, three Iowa Supreme Court Justices were not retained following their ruling in favor of same sex marriage in Varnum v. Brien, 762 N.W.2d 861 (2009). In a recent Oklahoma case, defense lawyers for death row inmate Clayton Lockett sought to strike down a statute protecting the November 2014 I The Docket 19

secrecy of the contents of the lethal injection cocktail used in state executions. The Oklahoma Supreme Court initially issued a stay of execution and remanded to the lower appellate court for further review. This decision drew both sharp criticism from Oklahoma’s Governor and talk of impeachment in its Legislature. Amid pressure, the Oklahoma Supreme Court reversed its decision and lifted the stay. Lockett was executed a week after the stay was originally issued.

Perhaps the most glaring chasm between the Constitution and the majority’s political will can be found in the example of Justice Roy Moore of the Alabama Supreme Court. Justice Moore became Chief Justice of Alabama in 2000. Shortly after, Justice Moore erected a 5,000 pound granite monument of the Judeo-Christian Ten Commandments in the state judicial building using taxpayer money. The ACLU and Southern Poverty Law Center filed suit under the Establishment Clause. Both the U.S. District Court and the Eleventh Circuit Court of Appeals found the display unconstitutional and ordered Justice Moore to remove the monument, which he defiantly refused to do. Justice Moore was later removed by a state ethics panel in 2003 for ignoring the federal courts’ orders, but in 2012 Moore was reelected by the voters as Chief Justice of Alabama. It is unlikely that Justice Moore was merely bending to the will of the voters in this particular instance, but this case illustrates how the will of the voters can often contravene the Constitution that judges

The Institute for the Advancement of the American Legal System (IAALS) is a national, independent research center dedicated to promoting a fair and responsive legal system in America. One of IAALS’s four major initiatives is Quality Judges. are sworn to uphold. The balance is a difficult one to strike.

Luckily, Denver is fortunate to host the headquarters of a non-partisan advocacy group spearheaded by former Colorado Supreme Court Justice Rebecca Love Kourlis as the Executive Director. The Institute for the Advancement of the American Legal System (IAALS) is a national, independent research center dedicated to promoting a fair and responsive legal system in America. One of IAALS’s four major initiatives is Quality Judges. This initiative advocates for a merit-based judicial selection model at the state level, known as the O’Connor Plan after its namesake and advocate former U.S. Supreme Court Justice Sandra Day O’Connor. The O’Connor Plan was prompted as O’Connor bemoaned the increasing politicization of the bench in recent years. The O’Connor Plan largely mirrors Colorado’s current judicial selection method, containing four important aspects. First, judicial candidates are interviewed by an independent judicial nominating commission that recommends a short list to the governor; second, the governor appoints a judge from among these candidates; third, the plan promotes unbiased, comprehensive evaluation of the judges by attorneys, peers,

20 The Docket I November 2014

litigants, and others familiar with the judge’s temperament and decisions. Finally, the voters decide whether to retain a judge at the ballot box with an “up or down” vote. The O’Connor Plan outlines broad approaches and recommendations advising how to avoid pitfalls in judicial selection, but leaves room for details to be decided according to the needs of the particular jurisdic-

Judges are accountable to the law and the Constitution, not to a constituency,” says Kourlis.

tion.

As for the effectiveness of the initiative so far, Kourlis notes that “there are signs of hope related to judicial performance evaluations and judicial nominating commissions in states that already have a merit-based approach, but there is not a surge of movement from judicial election states toward reform.” Kourlis surmises that educating the public about the proper role of judges may help. “Judges are accountable to the law and the Constitution, not to a constituency,” says Kourlis. And while the public should have some say in the form of retention elections, the public interest and the Constitution tend to be better served when the distortion of politics and money are removed from the judicial selection process, according to the premise of the Quality Judges initiative.

IAALS’s initiative promotes the O’Connor Plan, but more than that, IAALS wishes to start a conversation. Colorado judges and lawyers have grown accustomed to our first-rate system. Those who like Colorado’s model should advocate its merits to their colleagues in other jurisdictions and to their non-lawyer friends. That support would go a long way to educating the public about the need for an effective system that relies on the Constitution, not political whim.

For more information on IAALS, please visit iaals.du.edu.

Note: On October 2, 2014, the U.S. Supreme Court granted certiorari in Williams-Yulee v. The Florida Bar, on the issue of “[w] hether a rule of judicial conduct that prohibits candidates for judicial office from personally soliciting campaign funds violates the First Amendment.” This case will resolve a split between the U.S. Circuit Courts of Appeals for the Third and Seventh Circuits, holding that this restriction does not violate the First Amendment, and the opposing view by the Sixth, Eighth, Ninth, and Eleventh Circuits holding that such restrictions do violate the First Amendment. Oral arguments will likely be held in the spring of 2015 and the High Court’s ruling is expected near the end of the term in June 2015. D Keith Lewis is an attorney at Gibbs Young.

My Paperless

OFFICE

by R a chel Young

magine walking into your office to find your desk completely bare, with the exception of a laptop. Your bookshelves, file cabinets, and that stack of papers that had begun to accumulate on the floor because they didn’t fit on your desk anymore—that’s all gone too. It’s just you, your desk and chair, your computer, and whatever office decorations you brought from home (or lack thereof in my case). This is the world I live in, because I work for a paperless firm.

This article is not about the environmental implications or money-saving opportunities associated with a paperless office. It is about how I function on a day-to-day basis with only my computer.

To start, I am a domestic relations attorney and I work in a largely technology based firm. We do not have traditional office-sized printers/scanners/copiers. We do have two printers, both of which would typically be purchased for home use; one scanner—also typically purchased for home use; and NO copiers. Every attorney in the firm is issued a laptop and every laptop has software that connects us to a remote desktop via the Internet. The remote desktop is where we access everything.

If you remembered to bring your computer home with you, then you have remembered to bring your entire office home. Obviously, we have just hit on the first positive and negative aspect of the paperless office. If you were planning on drafting that response while waiting for the mechanic to fix your breaks, no problem. If you were planning on enjoying your vacation at the beach when opposing counsel files an emergency motion, too bad because you have everything you need to draft the response. You also have

I

all the necessary contact information for your client so you can call and spend the next hour on the phone with him/her explaining what is happening and how you will be addressing this new turn of events.

We do not have physical client files or red wells; we have electronic client files, which have everything. There are tabs for client information, tabs that list every related party along with their information, folders for pleadings, folders for discovery, a notes section, correspondence, and client documents. The electronic client folder has everything a traditional paper file would have and then some. There is no such thing as misplacing a document or not being able to find your notes from last month. Every piece of paper that comes into the office is scanned into the system, shredded, and recycled.

Just like we do not have paper files, we also do not have paper books. I never arrive at court with a physical copy of the Rules of Evidence or the Colorado Rules of Civil Procedure, because all my reference materials (and all my legal research

resources) are on my computer. This also has its pluses and minuses. There are no cumbersome books to cram in my briefcase and my briefcase does not have rollers because it is never too heavy to carry. If opposing counsel cites a case I am not familiar with, I can quickly look it up. The unfortunate aspect is that my reference materials (and legal research engine) run off of the Internet. When the Internet is nonexistent, so are my books.

However, with Wi-Fi, 4G, LTE and all the other acronyms out there, this is rarely a concern. The more problematic issue is when the Internet is running slow.

Every time you want to pull up a rule, you must click on the rule and load a new page. If that page loads exasperatingly slow, you are left stalling for time when you wish to argue that opposing counsel has misstated the rule. And yes, while at a hearing and in the middle of debating with opposing counsel I have been forced to cite the law as “C.R.S. 14-10114 something, ummm, maybe (4), yes your Honor, I believe it is subparagraph four.” (And yes, I was guessing.)

I came from a firm that used paper, November 2014 I The Docket 21

“Whatever stress a paperless office creates in my life,

I never have to worry about leaving something behind.”” so it was difficult to transition to 100% paperless. I admit I still prefer to take notes on a legal pad and have our clerk scan them into the electronic file when I’m done. Sometimes, autocorrect can drive a person insane when it comes to legalese. But now I appreciate being able to find my notes because they have been scanned and organized according to date. The same goes for pleadings, disclosures, discovery, and miscellaneous client documents. It also took some time to master switching back and forth between screens. Unlike paper files that you can spread out across your desk to look at ten documents at once, paperless means you can only look at what is on your screen. This means when you are reviewing disclosures or drafting a response, you must open the folder, view the information, and click back to your Word doc to continue writing. I have not yet made my peace with this idiosyncrasy of the paperless office.

Whatever stress a paperless office creates in my life, I never have to worry about leaving something behind. At my last job, I would waste time going through my briefcase before I left the office to make sure I had everything I might need until I returned. “Did I remember to grab the client folder? Did I remember to put the documents on top of my desk back into the file before putting the file in my briefcase? Did I remember to

22 The Docket I November 2014

grab all the discovery for that case? On second thought, I don’t feel like schlepping all that paper around with me. Maybe I don’t need to bring that.” Well, you get the picture. Now, I grab my computer, walk out the door, and don’t give those things a second thought.

I have worked in a traditional firm and I have worked in a paperless firm. I have prayed for greater technological resources in the former and I have wept for access to a copier in the latter.

After all is said and done, I have only the following advice to give: Never forget your computer charger, always have a backup in case your Internet connection is slow, and learn to love technology—because it is here to stay. D Rachel Young is a domestic relations attorney practicing in the Denver Metro area. She graduated from Colorado State University with a B.A. in Political Science and Philosophy and received her law degree from the University of Denver Sturm College of Law.

Book Review

The Punisher’s Brain:The Evolution of Judge and Jury The Punisher’s Brain: The Evolution of Judge and Jury

By Morris B. Hoffman

by Thoma s L . K anan Law of the Stone Age “We are lived by powers we pretend to understand: They arrange our lives; it is they who direct at the end.”

— W.H. Auden Cambridge Studies in Economics, Choice and Society sponsors publications in its University Press that promote original research and the synthesis of social science and economic studies. So, Judge Morris Hoffman may be proud of his efforts to take legal studies outside their customary boxes.

He has pursued an idea that our rules of law are products of the same human brain that our Paleolithic ancestors had when they dealt with problems of cooperative and selfish behaviors that they instinctively felt to be acceptable and, thus, protected, or to be rejected and punished.

Before societies and their complicated legal systems began to grow and flourish, human nature (the brain) had already evolved to react to the influence of powerful instinctual impulses in the face of perceived harm. From about 100,000 years ago, our ancestors in their small survival groups made decisions about guilt and punishment that are still basic to the evolution of law, in all its forms. Judge Hoffman takes the approach that “law is applied human nature.” He prompts us to question how moral/ legal guilt and blame are to be understood, how punishment satisfies or fails to comport with these beliefs, and how forgiveness is part of the judgmental process.

The author explains the essence of our justice problem in his first chapter:

“We evolved in small groups of mostly related individuals, which gave us enormous survival advantages, and therefore enormous incentives to cooperate with one another. As a result, we have deep emotional ties to our groups, and a powerful hunger for social belonging. But because natural selection was operating at the individual level, it also gave us a paradoxical incentive to cheat. After all, if we could cheat and not get caught, we could still enjoy

all the advantages of social living and yet get a leg up on everyone else. This deeply embedded tension between cooperation and cheating, between community and individuality, between selflessness and selfishness, is what I will call The Social Problem. It has been the central challenge of our species since our emergence.”

The “neural paradox” at the heart of the Social Problem, with instinctual prods to react contrariwise from opposite moral poles, produces behavior any lawyer will recognize: “Our cooperation is of a limited, grudging sort. We are constantly probing for chances to cheat, and just as constantly on the lookout for cheaters.” If we did not understand cheating well, we would not have the sophistication and sensitive intuition needed to catch it. The cooperative solution to the Social Problem is to find ways to prevent and punish the cheaters. For this, we need rules.

Judge Hoffman suggests that two rules of right and wrong can be seen to contain all the variations necessary to give us an answer to the moral yin/yang struggle of the Stone Age:

“Rule 1: Transfers of property must be voluntary.

Rule 2: Promises must be kept.”

The elaboration of rules of “ownership” and the “promises” that are implicit in group living are developed over the course of civilized history. They also force the creation of a third rule:

“Serious violations of Rules 1 and 2 must be punished.”

Neuroscience and psychological testing show how the human brain tends to react to the seriousness of misconduct by the degree of harm caused to the victim whose rights or well-being are jeopardized, and by the degree of bad intent that motivated the bad actor. Legal systems take these factors routinely into account, but not consistently. “No harm, no foul” is not a rule that applies to criminal conspiracies or attempts.

Transferred bad intent may make whatever harm happens to an unintended victim into a crime. Strict liability requires no bad intent. Corporate misconduct may have no owner or stockholder involved in the decision to adopt an illegal policy. If the fact of a crime is found, but its seriousness is less in the mind of the judge, then the punishment will tend to reflect this result under the constant law of “applied human nature.”

“Forgiving wrongs is as central to our humanity as punishing them,” according to Judge Hoffman. Punishment evolved in a restrained way because the “urge to forgive was an important restraining force.” Like cheating and cooperating, punishment and forgiveness are “built into our brains in delicate balance.”

The Tao of their contrary natures, is an “evolutionary puzzle.”

Too much forgiveness creates anarchy, and too much punishment creates rebellion. With his gift for phrasing difficult November 2014 I The Docket 23

concepts in clear ways, Judge Hoffman notes that, “Our brains were built to forgive small wrongs and to struggle with forgiving great ones.” He suggests that a criminal who seeks actively to atone for his wrongdoing, rather than simply to beg forgiveness, is likely to achieve leniency because of the evolutionary nature of human adaptation: (1) apologies are cheap, paying back is hard, a form of self-punishment, not mere regret; (2) blame, forgiveness and punishment all are “evolutionary shortcuts for deterrence,” and atonement carries credibility as acceptance of blame; and (3) taking responsibility for the wrong done to one another is concretely demonstrated by a sacrifice that is meaningful.

Judge Hoffman identifies a “dissonance” that arises when our moral intuitions, formed through evolution, conflict with punishment for victimless crimes (for instance, conspiracies and attempts) or those acts causing harm done with little or no intent on the part of the actor. When such dissonances are subject to disagreements, as part of his own original contribution to jurisprudence, Judge Hoffman proposes an analytical process based on his understanding of the evolved human mind, in its Stone Age state. Legally dissonant rules relating to fault/blame or to the seriousness of the misconduct that supports punishment may be understood in a very basic context: (1) Is the rule a universally held societal belief or “real” moral intuition? (2) Is it “evolutionarily rooted,” in a widespread understanding that it supplies a “palpable moral advantage” to societies where it is enforced? (3) Has it strayed from the “core evolutionary principle”? (4) Does the dissonance proceed in a direction that is too far from or too inconsistent with a core principle? and (5) Are

there too many exceptions or contradictory applications of the rule? This analytical system is followed in the judge’s evaluation of a number of controversial cases.

In his own Denver cases, in those of other judges, in appellate decisions, in behavioral experiments, through neuroscientific tests, and in literary examples, Judge Hoffman elaborates how criminal justice and, to a much lesser extent, civil justice function in the real world of law. As a review of criminal law and procedure, his book is refreshing, challenging, and accessible to general readers. This book would be a great gift from a lawyer to a partner, spouse, friend, or adolescent child.

Then, they can talk about it. D Judge Morris B. Hoffman has been a trial judge for Colorado’s Second Judicial District (Denver) since December 1990. He teaches at the University of Colorado and the University of Denver. His law articles have appeared in numerous scholarly publications, and he also has written for newspapers and scientific journals. He has been appointed judge-in-residence at the Gruter Institute for Law and Behavioral Research and is associated with Stanford’s Center for Advanced Study in the Behavioral Sciences.

Thomas L. Kanan is Claims Manager for Western Guaranty Fund Services, headquartered in Denver, Colorado. His law practice is limited to consultation and to work as a hearing officer.

It is with profound sadness that we mourn the loss of our friend and colleague Dave Karr.

As we grieve the loss of our wonderful friend and talented colleague, we remember and celebrate Dave’s kindness, sense of humor, professionalism and extraordinary dedication to his family and his clients.

phone: 303.773.3500 | fax: 303.779.0740 | www.pjckn.com

24 The Docket I November 2014

West to the 32nd Meridian: Colorado Legislation Pt. 2 B y Dan Cord ova and C hris Hud s on [The authors thank Jennifer Gilroy, Revisor of Statutes, for her generous edits to our articles on Colorado legislation.]

“The legislature, presumably, is paramount among the lawmaking organs of the political state. Subject to the Constitution, when it propounds law, its pronouncement is supreme.”

—Norman J. Singer (2010)

T

he history and creation of Colorado State legislation begins with the passage of an Act by Congress, approved on March 3, 1875, authorizing the people of the Colorado Territory to form a state government. This enabling act specified the requirements and timeline for compliance, primary of which was the drafting and adoption of a state constitution. Beginning on December 20, 1875, the thirty-nine convention members who were elected from the various territorial districts worked for eightyseven days to create the document that was ratified by territorial voters on July 1, 1876. An engrossed copy of the Constitution of the State of Colorado and conforming legal materials were then delivered to U.S. Secretary of State Hamilton Fish, who certified their legality.

Shortly thereafter, Colorado was legally proclaimed the 38th State of the Union on August 1, 1876.

cially publish its laws. This mechanism provides its citizens the greatest opportunity to show confidence in and support of the government and its laws. It also provides the Executive Branch general principles to enforce and the Judicial Branch something other than common law to interpret.

Colorado convened its first session of the General Assembly—the House of Representatives and the Senate— on November 1, 1876. The Assembly approved our state’s first laws on March 22, 1877, and the Colorado Secretary of State officially published them on June 15, 1877. They were printed by the Tribune Steam Printing House in Denver.

This first compilation of laws, called General Laws of the State of Colorado, is like all those that have followed in several key ways: 1) it is arranged by subject and title, and annotated by section; 2) it is indicative of the continuation, amendment, or repeal of pre-existing law; and 3) it is paginated and indexed. Features of codification include “[t]he process of compiling, arranging, and systematizing the laws of a given jurisdiction,” these organizational tools provide efficient and reliable access to the large body of laws that are ever changing and otherwise difficult to search and use in everyday practice.

The General Laws also contained certain unpublished, albeit necessary, acts related to state business. For example, House Bill No. 1, approved November

President Ulysses S. Grant legally proclaimed Colorado the 38th State of the Union on August 1, 1876.”

A constitution is the legal document that defines and establishes a government. It provides for, among other things, a continuing mechanism to enact, enforce and interpret state law.

Territorial ordinances and enabling acts are supplanted by state law once the territory is admitted as a State. Therefore, a new state must immediately convene its legislature to formally enact and offi-

7, 1876, provided for the appointment of electors to the Electoral College. The General Laws are unique in that they incorporate the original statutes enacted by the first General Assembly of the legislature. Beginning in 1879, Session Laws were published separately from the Code.

The Colorado General Assembly met every two years starting with the second General Assembly in 1879 and running

through the thirty-seventh General Assembly in 1949 and its accompanying extra-ordinary session in 1950. Beginning with the thirty-eighth General Assembly, the Colorado Legislature began meeting every year with the first regular session meeting in odd numbered years, and the second in even numbered years.

For reasons of practicality, many of the 1877 enactments were carryovers from Colorado Territorial Law. It wasn’t until 1883 that Colorado adopted its first code of primarily state law, the General Statutes of Colorado. That work was entrusted to the Honorable H.P.H. Bromwell, who initially prepared it for publication in 1881. However, too much editorial work remained undone at the time, and its adoption was delayed until the next general assembly in 1883. Bromwell’s arrangement and nomenclature established the framework that was used for compiling statutes in Colorado until 1973. His work was officially revised in 1908 in the form of the Revised Statutes of Colorado, and reauthorized for publication in 1921 as the Compiled Laws of Colorado.

Several facts are noteworthy about this period of time in relation to the publication and interpretation of Colorado legislation.

1. The cornerstone for the Colorado State Capitol was set on July 4, 1890, the same year that J. Warner Mills published his Constitutional Annotations, a book of historical origins for specific sections contained in the Colorado Constitution.

2. The Proceedings of the Colorado Constitutional Convention were published in book form in 1907, just in time to celebrate the completion of the Colorado State Capitol in 1908.

3. By law, Colorado statutes were published in three languages until 1900—English, Spanish, and German.

4. J. Warner Mills also published an unofficial specially annotated Colorado Code as “a benefit to the Bar.” The General Assembly authorized Mills’ Annotated Statutes as prima facie evidence of Colorado law between 1891 and 1921 for its November 2014 I The Docket 25

By law, Colorado statutes were published in three languages until 1900—English, Spanish, and German” stated purpose.

Colorado statutes were officially recodified in 1935, as the Colorado Statutes Annotated, and every ten years between 1953 and 1973, as the Colorado Revised Statutes. Citation formats, as well as frequency and form of supplementation for these Codes, are outlined by Peggy Lewis and Matt Dawkins of the Office of Legislative Legal Services in their informative guide, “Researching Colorado Legislative History.”

Beginning in 1997, Colorado contracted to publish a codified version of its entire set of statutes annually in softbound volumes. The Colorado Bar Association published an excellent article on this subject in its Special Centennial Edition, and its authors, Douglas Brown and Charles Pike, were best qualified to speak on the subject by virtue of experience and expertise gained in their official capacities as Director of the Office of Legislative Legal Services and Revisor of Statutes, respectively. The official Colorado Revised Statutes are currently published by LexisNexis.

Today, the General Assembly meets from January to May, and publishes its enacted statutes in chronological format according to the sequence of their adoption in the Session Laws of Colorado. Currently published by LexisNexis under contract with the Office of Legis-

lative Legal Services and the Revisor of Statutes, the Session Laws are compiled and printed for distribution each July.

Should an error exist in the codified version of laws, the Session Law is controlling. D

Sources of Information: • Statutes and Statutory Construction, Norman J. Singer and J.D. Shambie Singer, Vol. 1, § 5A:2, p.

259 (7th ed. 2010).

• An Act to Enable the People of Colorado to Form a Constitution and State Government, and For the Admission of the Said State into the Union on an Equal Footing with the Original States, 18 Stat.

474 (March 3, 1875), amended on March 3,1876, at 19 Stat. 5.

• Proceedings of the Constitutional Convention, Colorado 1875-76 August 1, 1907), published and bound per SB 21, Ch. 135, Laws of 1907—An Act to Publish and Bind in Book Form All Records of the Constitutional Convention of Colorado, April 5, 1907.

• Black’s Law Dictionary, 9th ed.

(2009).

• Library of Congress, Web Guide, Analysis and interpretation of Art. IV, Sec. 3, loc.gov/rr/program/bib/ ourdocs/Constitution.html#top

• General Laws of Colorado, 1877.

• Peggy Lewis and Matt Dawkins, “Researching Legislative History”, Table A, Chronological Listing of Publications of Colorado Statutes and the Correct Citation for each Publication, tornado.state.co.us/ gov_dir/leg_dir/olls/PDF/LEGISLATIVE%20HISTORY.pdf • Brown and Pike, “A Glimpse at the State’s Obligation—Past, Present, and Future,” The Colorado Lawyer, Vol. 26, No. 6, pp. 97-102 (June 1997).

Dan Cordova is the Colorado Supreme Court Librarian. Chris Hudson is the Deputy Colorado Supreme Court Librarian.

They can be reached at 720-625-5100 or library@judicial.state.co.us.

DENVER LITIGATORS

www.ColMediators.org 26 The Docket I November 2014

CBA-CLE Calendar

November 2014

REGISTER ONLINE OR CALL TODAY!

November 4, 2014 Selling an Investment Bank: Sitting in a Different Seat at the Table Submitted for 1 General CLE credit

LIVE EVENTS AND LIVE WEBCASTS November 13, 2014 Real Estate Fall Update: Mineral Interests Submitted for 6 General CLE credits, including 1 Ethics

November 4 or 5, 2014 The Ethics Revue at Lannie's Clocktower Cabaret 2014 Submitted for 3 General CLE credits, including 3 Ethics

November 14, 2014 Winning at Trial 2014 – Skills and Tactics Submitted for 8 General CLE credits, including 2 Ethics

November 5, 2014 How to Draft a Contract Submitted for 7 General CLE credits

November 19, 2014 Lending Compliance Update: Appraisals, Marijuana and More Submitted for 1 General CLE credit

November 6, 2014 Secrets to Bulletproof Contract Drafting: Better Documents; Less Stress; More Satisfied Clients Submitted for 7 General CLE credits

November 19, 2014 Marijuana – The Colorado Model Submitted for 7 General CLE credits November 20, 2014 Social Security Disability 2014 Submitted for 8 General CLE credits

November 7, 2014 8th Annual Colorado Statewide ADR Conference Westin Westminster Hotel, Westminster, CO Submitted for 7 General CLE credits, including 2 Ethics

November 24, 2014 2014 Ethics 7.0 Submitted for 7 General CLE credits, including 7 Ethics

November 7, 2014 Trust and Estate Fall Update: The Name of the Game is Change Submitted for 6 General CLE credits, including 1 Ethics

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

YOUR NUMBER ONE RESOURCE FOR COLORADO LAW

LIVE EVENTS

LIVE WEBCASTS

MP3 AUDIO HOMESTUDIES

VIDEO REPLAYS

November 6, 2014 Annual Tort Law Update 2014 Submitted for 5 General CLE credits

November 13, 2014 Workers' Compensation Fall Update 2014 Submitted for 6 General CLE credits, including 1 Ethics

November 7, 2014 Engineering and Water Practice Under the "New" Water Court Rules: From All Perspectives Submitted for 8 General CLE credits

November 14, 2014 Views from the Bench: Spend the Morning with Colorado Judges Submitted for 3 General CLE credits, including 1 Ethics

November 12, 2014 Winning at Deposition: Skills and Strategy Submitted for 8 General CLE credits, including 1 Ethics (video replay in Grand Junction, Colorado Springs, and Denver)

CBA CLE

www.cobarcle.org

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

VIDEO-ON-DEMAND HOMESTUDIES

November 21, 2014 Criminal Law Fall Update: The Law of Forensic Science Submitted for 6 General CLE credits, including 1.8 Ethics

Phone: 303-860-0608

Toll-Free: 888-860-2531

Fax: 303-860-0624

November 2014 I The Docket 27

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JUST SOME OF THE ONLINE PUBLICATIONS AVAILABLE!

CBA-CLE is pleased to announce the launch of Casemaker Libra in partnership with the Casemaker online research tool.

Casemaker Libra provides an online searchable library of deskbooks and continuing legal education materials published by Colorado Bar Association CLE and linked directly into the Casemaker online tool.

Access to this online library is by annual subscription.

There are three options to choose from:

n The All-Publications library containing all materials n Practice area libraries containing materials in specific practice areas n An individual book

A subscription to the All-Publications library includes online access to all supplements, new editions and new titles released during the term of the subscription. A practice area subscription includes online access to the above-listed items within that practice area that are released during the term of the subscription.

In addition, a subscription can be renewed after the initial lease period at a significant savings.

All publications have been enhanced with:

n Links into Casemaker to official citations for cases, statutes, acts, administrative codes, etc. n Full-text searching is available across Casemaker Legal databases and all publications included in your Casemaker Libra subscription.

To find out more go to http://cle.cobar.org and click on the “Books” tab. www.cobarcle.org

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

28 The Docket I November 2014

Phone: 303-860-0608 Toll-Free: 888-860-2531

Fax: 303-860-0624

Comida Cantina Bar Review Comida Cantina, 3350 Brighton Blvd., 303-296-2747, eatcomida.com B y R yan Jardine

Up just a few miles north from downtown in Denver’s River North Art District (RiNo) is a refreshingly edgy industrial food market called The Source. Within the shell of an 1880 brick foundry building, this market contains a compelling combination of dining experiences and retailers including the modern Mexican eatery, Comida Cantina. Located at 3350 Brighton Boulevard, the delight of Comida is found in its location and its food – where delectable juxtaposition and cacophonous elements create complex and delicious harmonies.

When you arrive at The Source, you city dwellers will first be impressed with the parking. Not only is it free, but it is plentiful. And free and plenteous parking is only the beginning. Part of the unique charm of Comida is its location within The Source.

Comida exists within this brick, iron and industrial shell with architectural elements that will delight the steampunk in all of us. As you enter The Source, you are greeted by a large open ceiling of the central nave with iron buttresses sweeping up and over the artisans beneath. As your eyes ease around the perimeter you will find yourself surrounded by the best of any marketplace, “a butcher, a baker, a produce purveyor, a florist, a coffee shop, a brewery, a distillery bar, a cheese shop, a gallery, a design store, a bank, and a bottle shop”—and on your immediate left, Comida.

Comida features a special Happy Hour menu that includes $5 Margaritas and Cocktails and $2 Beers, as well as a variety of street snacks. Many of the members of the Docket Committee specialized drink analysis squad partook of the Watermelon Jalapeno Margarita, which is made up of jalapeno infused tequila, watermelon, agave and lime. Imagine yourself on a hill, or maybe in a vineyard, or possibly, at Comida, and in front of you is a perfectly ripe watermelon, freshly cut into triangular pieces. Take a bite and enjoy the refreshing sweet unpretentious flavor and now, as you are about to take another bite, add a charming touch of heat. Watermelon and jalapeno are unique flavors combined to make a tasty cocktail. A variety of additional

drink options abound for any thirsty traveler, and the Agua de Jamaica Margarita is highly recommended as well.

In your eager consumption of the specialty spirits, don’t neglect the wide selection of unique and delicious salsas. Pairings of pineapple with habanero will surprise the senses with their gentle heat. The cucumber jalapeno crema is a salsa unlike any you have had before. Diced cucumber in a cream base creates a smooth and refreshing bonne bouche that will delight the salsa connoisseur. For the heat-seekers, the carrot habanero salsa emphasizes heat in exchange for any particularly unique flavor. Regardless of your preference, each salsa is unique and unequivocally a reason for living.

In tribute to its taco truck roots, Comida’s happy hour menu contains a variety of $4 street snacks including spicy shrimp with jalapeno aioli, stuffed jalapenos with cucumber crema and tender belly hot dogs with queso fundido. While none of these bites will disappoint, the spicy shrimp with jalapeno aioli is especially toothsome.

Comida also offers an excellent and reasonably priced full menu consistent with the above in both variety and flavor. The best of tacos, tortas, tostadas, gorditas and quesadillas fill the menu. One highlight is the camerones a la diabla tacos. This particularly inspired taco is crafted as spiced shrimp is placed on jalapeno grits, pico de gallo, avocado, lime, house crema and cotija. And, don’t forget about the griddled tacos: for only $3, you can choose from bacon and jalapeno, pork carnitas, or roasted chicken, wrapped in a soft corn tortilla and mixed with cotija, smoked gouda and asadero.

The charm of Comida is found in its ability to infuse each bite with authentic flavors borne of unique and unexpected combinations that build on their street food roots. “Little bites, affordable, quick and delicious. Comida is food that makes people crave it.” Located among a group of like-minded innovators, it is a dining experience you won’t want to miss. D Ryan T. Jardine is a public finance attorney with Kutak Rock LLP in Denver. He may be reached at ryan.jardine@kutak-rock.com.

From left to right: Mariya Cassin, Courtney Gibb, Kate Schuster, Ryan Jardine, Marshall Snider, Barbara Mueller, Rachel Young, Alison Ruggiero, and Keith Lewis.

November 2014 I The Docket 29

Legal

AFFAIRS GOOD THINGS John M. Vaught, Gordon “Skip” W. Netzorg, and David S. Neslin recently became Fellows of the American Bar FoundaVaught tion.

The Congressional Coalition on Adoption Institute honored Timothy Eirich of the Law Office of Seth A. Grob as an Angel in Adoption at an awards ceremony on September 16 in Washington, D.C. Eirich specializes in representing prospective adoptive parents and adoption agencies as general legal counsel.

He also represents foster parents and relatives seeking to adopt children in the child welfare system.

Ryann Peyton, special counsel to The Harris Law Firm, was presented with an award for “Exempl ar y S er v ice ” at the Peyton Colorado GLBT Bar Association annual dinner for her pro bono work in creating the Colorado GLBT Bar Association Foundation.

Stefan Stein will be honored on March 10 at Urban Peak’s Maverick Thinkers dinner for his leadership as interim CEO Stein and years of board service.

CHANGES Fidelity National Title Insurance Company is pleased to announce the addition of Elizabeth J. Peros as their Marketing Peros Executive. Peros practices law in the areas of real estate, land development, finance, and litigation.

Kutak Rock LLP welcomes associate Nicholas Anderson to the corporate tax group. He focuses his practice on fed-

eral and state tax matters, advising clients on the utilization of federal and state new market tax credits and low-income housing tax Anderson credits.

Wells, Anderson & Race LLC, is pleased to announce that Sarah Smyth O’Brien has become a member of the firm. O’Brien’s practice centers on insurance litigation and defense, bad faith litigation, insurance coverage, fraud and construction litigation.

Eric B. Ballou recently moved to the Frickey Law Firm, P.C. His title is Trial Attorney and Director of Litigation. BalBallou lou focuses exclusively on personal injury and premises liability litigation.

B e re n b a u m We i n shienk PC is pleased to announce that Eliza S. Crane has joined the firm as an associate. Crane is Crane an experienced litigator and has represented clients in numerous areas of civil litigation.

The Law Firm of Kurtz & Peckham is pleased to announce that Jude A. Ramirez has joined the firm as an associate attorRamirez ney. Ramirez brings to the firm his experience in criminal and civil law with an emphasis in juvenile courtrooms, as well as family law experience.

IN MEMORIUM David Dean Karr passed away on Sept. 7 following an acute medical episode. Karr was born in Denver to Dean and Jean Karr on Sept. 3, 1953. Karr was a graduate of Cherry Creek High School (1971). He received a BA degree in business from the University of Puget Sound (1975). Karr received his JD from Loyola University College of Law (1979). While in law school, he clerked for the law firm of Wahlberg and Pryor. Upon passing the

bar, Dave was admitted to practice in Colorado, the United States District Court for the District of Colorado, the U.S. Court of Appeals for the Tenth Circuit and the U.S. Supreme Court. He began practicing with Pryor, Carney & Johnson, P.C. and was a founding member of Pryor, Johnson, Carney, Karr, & Nixon, P.C in 1995. He practiced with many of his partners for 35 years.

As they grieve his loss, Dave’s clients and colleagues will remember and celebrate his kindness, sense of humor, professionalism, and extraordinary dedication to his family and clients. Dave was a loving and devoted husband and father. He leaves behind his wife of 32 years, Laura, his daughter, Emily Karr Farchone (Bryan), and his son, Bradley Foster Karr of Denver. Memorial contributions are suggested to Project Cure or Save the Children.

Brooke Wunnicke slept away peacefully at home on Sept. 20.

Born May 9, 1918 to parents Rudolph and Lula Le Nora (nee Brooke) von Falkenstein, she was raised in Los Angeles and in 1940, met and married her late husband, James M. Wunnicke of Cheyenne, when they were attending Stanford University. Their only child is Diane B. Wunnicke (Denver) for whom “Brookie” was both a dear mother and delightful friend, as they shared many interests and humor.

Brooke von Falkenstein Wunnicke exemplified the pioneering spirit of the West. After her undergraduate education at Stanford University, B.A. (1939) Phi Beta Kappa, she moved to Wyoming with her husband. When he left for WWII, she attended the University of Colorado Law School, where she graduated J.D. (1945) Order of the Coif. She opened her Cheyenne practice in 1946, representing clients in front of juries when women in Wyoming (the first state to allow women to vote) were not allowed to be jurors.

Moving to Colorado in 1969 with her husband, she gave twelve years of public service as Chief Deputy of Appeals in the

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.

30 The Docket I November 2014

Denver District Attorney’s Office where she mentored many “children” who have excelled in service as lawyers, judges, and a Governor. From 1978 to 1997, she was Adjunct Professor of Law, University of Denver College of Law, teaching oil and gas law and the law of future interests.

In 1986, Brooke affiliated Of Counsel to Hall & Evans. Brooke was the recipient of many honors, including: Life Fellow, American Bar Foundation; 2004 Denver Bar Association Award of Merit; 2003 a D.U. Law Star, Excellence in Teaching, University of Denver College of Law. Please, no flowers but consider a gift to these memorials or as you prefer: at the University of Colorado Foundation, 1800 Grant St., Denver 80203, either for the endowed Wunnicke Library Fund for placement of the family’s special collection at the Auraria Library or the Brooke Wunnicke Endowed Scholarship Fund for the Law School; or at the University of Denver, 2190 E. Asbury Ave., Denver 80208, for the Brooke Wunnicke Endowed Scholarship Fund for the College of Law; or at St. John’s Cathedral, 1350 Washington St., Denver 80203, for the new Brooke Wunnicke Memorial

for the Cathedral of The St. John’s Bible Heritage Edition, the first handwritten illuminated Bible in the modern era, limited edition, in seven 2’x3’ volumes.

NEW FACES CB A Sections and Public Legal Education Program Manager Meghan Bush and her husband Brian welcomed Hendrix their second son Hendrix Bradshaw Bush on Sept. 15. He weighed 8 pounds, 3 ounces and was 18.5 inches long. Congratulations to the Bush family!

BRICK & MORTAR The Martinez Law Group has moved to 720 S. Colorado Blvd., South Tower, Ste. 1020, Denver.

Attorneys Fred L. Otis, Jeff Bedingfield and Jennifer Lynn Peters are excited to announce the merger of their firm. The combined firm, Otis, Bedingfield & Peters, LLC, will be home to ten attorneys and ten support staff spread across the firm’s two offices in Loveland and Greeley.

Austin Hamre, Richard F. Rodriguez, Donald M. Ostrander, and John M. Dingess are pleased to announce the restructuring and renaming of their firm to Hamre, Rodriguez, Ostrander & Dingess, PC. The firm will continue its civil practice emphasizing water rights, eminent domain, real estate and commercial litigation.

Rachel Ellis and Megan Kelly are pleased to announce the opening of Ellis Kelly, LLC located at 1725 High St., Ste. 3, Denver, CO 80218. Ellis Kelly represents employees in employment law matters.

Howard L. Boigon is pleased to announce the formation of Boigon Law LTD located at 633 17th St., Ste. 1800, Denver. The Boigon phone number is 720-3798746. Boigon continues his practice of transactional, regulatory, and policy matters in energy and natural resources law. He is also available for service as mediator and arbitrator in resource industry disputes.

Welcome to My World—the Life Cycle of a Judge Tuesday, Dec. 2 4:30–7 p.m.

The Denver Bar Association 1900 Grant St., Ste. 900

RSVP at lunches@cobar.org.

November 2014 I The Docket 31

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.” 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 303-8615274.

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.

Roger Castle: 303-839-8251 T.J. Carney : 303-526-9666

Karen Pearson: 720-874-8615 Fran Fontana: 303-468-2668 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 our 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); assessments 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.

tice area. Presentations will highlight key ethical considerations for practitioners, strategies for negotiation and litigation, practical legal writing tips, and common substantive issues new attorneys face.

The program will be held from 8:30 a.m. to 5:00 p.m. on Thursday, Nov. 13 at the Ralph L. Carr Colorado Judicial Center in the Colorado Supreme Courtroom.

CLE credits, including ethics credits have been applied for. The cost to attend is $30 for members, $45 for non-members, and $20 for students. RSVP to lunches@ cobar.org or call 303-860-1115, ext. 727.

to come now! RSVP to lunches@cobar.org or by call 303-860-1115, ext. 727.

BRIEFS Wheels Of Justice Appreciation Party—Thursday, Nov. 6 The Wheels of Justice Cycling Team, co-sponsored by the Denver Bar Association, will host an appreciation party for riders and for those at the Children’s Hospital Colorado Center for Cancer and Blood Disorders who benefit from the team’s fundraising during the Courage Classic on Thursday, Nov. 6.

The complimentary event will be held from 5:30 to 7:30 p.m. at the DBA offices. RSVP to kcordova@childrenscoloradofoundation.org.

Court Orientation—Nov. 13 The 2014 Colorado Court Orientation is a program geared toward introducing new attorneys and attorneys new-to-the-area to the nuts and bolts of practicing law in Denver and around Colorado. This event will focus on pragmatic tips for new local attorneys in any prac-

32 The Docket I November 2014

Union Station Networking Event—Thursday, Nov. 13 The DBA 15 x 15 Task Force is planning a complimentary networking event on Thursday, Nov. 13 at the newly renovated Union Station. Door prizes, free drinks and appetizers will be provided.

Start enticing your nonmember friends

STRATUM: Ethical Co-Working CLE—Monday, Nov. 17 Early this year, the Denver Bar Association launched STRATUM, a members-only, co-working space for lawyers at the Colorado and Denver Bar Associations. STRATUM gives members a stronger sense of community and collegiality, while providing them with the business amenities they need to enhance their 21st century practices. Join us on Monday, Nov. 17, from 4:30 to 5:30 p.m. to ask every question you have about how to use shared space ethically. Our panel of ethics experts will discuss rules you need to know to ensure your clients are protected and will address issues like confidentiality, disposal of documents, cross-referrals and data protection. The complimentary event will be followed by

a reception of appetizers, beer and wine.

One ethics credit applied for. RSVP to lunches@cobar.org or call 303-860-1115, ext. 727.

present a one hour program on trust accounts. One CLE credit applied for.

RSVP to lunches@cobar.org or call 303860-1115, ext. 727.

Coffee Talk: Trust Accounts— Thursday, Nov. 20

Strikes For Tykes— Saturday, Dec. 6

The DBA Young Lawyers Division Coffee Talk program will be held on Wednesday, Nov. 20 from 8 to 9 a.m. at the DBA offices. CBA Law Practice Management Director Reba Nance will

Put on your bowling shoes (or rent them) and join the DBA’s Community Action Network at Strikes for Tykes—a bowling benefit for the Children’s Outreach Project. This event will take place

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, 303-824-53 21, to schedule committee meetings so they will appear in this calendar.

FOR THE PUBLIC

Nov. 4

Nov. 6

Nov. 5

Nov. 12

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

Call Carolyn Gravit, 303-824-5323 Docket Committee Noon–1 p.m.

Call Courtney Gibb, 303-824-5336

Saturday, Dec. 6, from 11 a.m. to 2 p.m. at Elitch Lanes, located at 3826 Tennyson in Denver. Cost is $35 for adults, $20 for children (12 and under), and $150 to sponsor a lane.

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

Lawyers and Schools Committee Noon–1 p.m.

Call Carolyn Gravit, 303-824-5323 Professionalism Coordinating Councils Noon–1 p.m.

Call Chuck Turner, 303-824-5314

Dba Young Lawyers Division Council 6–7:30 p.m.

Call Heather Clark 303-824-5350

Nov. 13

DBA Board of Trustees 7:30–9 a.m.

Call Leah Achen, 303-824-5327

Nov. 18

Community Action Network Noon.–1 p.m.

Call Kate Schuster, 303-824-5312

Nov. 11

To volunteer for the Public Legal Education programs or for more information, unless otherwise indicated, contact Carolyn Gravit at 303-824-5323.

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

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

Call 720-944-2594

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

Nov. 5

Nov. 12

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

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

Nov. 18

Nov. 19

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

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 Mi Casa 360 Acoma St 5:30–7 p.m.

Call 303-573-1302

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

Nov. 20

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

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

November 2014 I The Docket 33

Picture This

DBA Happenings

The 2014 Denver Lawyers’ Arts & Literature Party A celebration for the third Denver Lawyers’ Arts and Literature contest was held on Wednesday, Sept. 10, at the DBA offices.

DBA President-Elect Janet Drake introduced each winner, and then they gave background on their winning work and either read an excerpt or presented their art. Those honored were: • Poetry: Erin Agee • Painting: Brett Godfrey • Sculpture and Photography: Barry C. Bartel • Fiction Writing: Joel Sayres • Nonfiction Writing: Ilona Dotterrer

CBA Executive Director Chuck Turner introducing the program.

From the Left: Winners Joel Sayres, Ilona Dotterrer, Erin Agee, Brett Godfrey, and Barry C. Bartel.

2014 DU Law Stars DU Law Stars was held on Thursday, October 2, at the Hyatt Convention Center. DU Law Stars is a distinguished alumni and faculty awards dinner that benefits the Clinical Programs and the Judicial Fellows Program at the University of Denver Sturm College of Law. Almost 800 people from the Colorado legal community gathered to celebrate the honorees, which included Theodore Z. Gelt, JD’75, Thompson G. Marsh Award; Gale A. Norton, JD’78, Outstanding Alumni Award; Jack Finlaw, JD’81, Robert H. McWilliams, Jr. Alumni Professionalism Award; and Professor Stephen Pepper, Robert B. Yegge Excellence in Teaching Award Top: Denver Law welcomes Chancellor Chopp to Law Stars! (from l to r): Vice Chancellor Gregg Kvistad, Ted Gelt, Gale Norton, Dean Marty Katz, Chancellor Rebecca Chopp, Jack Finlaw, Prof. Steve Pepper, and Doug Scrivner, chair of the DU Board of Trustees.

Bottom Left: Katherine Blair Mulready, Senior Policy Advisor for Health, Office of Governor John Hickenlooper and Henry Sobanet, Director of the Governors Office of State Planning & Budgeting celebrating their colleague Jack Finlaw, Chief Legal Counsel to the Governor, who received the Robert H. McWilliams, Jr. Alumni Professionalism Award.”

Ted Gelt’s family celebrates his award by toasting to him with Jordan Wine. From left to right: Matt Larson, Ashley Larson, Tim Gelt, and Naaman Yardeny.

Burg Simpson Partner Peter Burg and CBA/DBA Executive Director Chuck Turner.

34 The Docket I November 2014

2014 Colorado Attorney General Debate Monday, Oct. 6, the CBA along with the Asian Pacific American Bar, Colorado GLBT Bar, Colorado Hispanic Bar, Colorado Women’s Bar, and Sam Cary Bar sponsored a debate of three candidates for Colorado Attorney General. The debate was moderated

by Denver Post political columnist Fred Brown. The candidates included Republican Cynthia Coffman, Democrat Don Quick, and Libertarian David Williams. More than 120 attendees enjoyed the free event held at the CBA CLE offices.

CBA President Charley Garcia welcomes guests.

Left: Republican Cynthia Coffman, Democrat Don Quick, and Libertarian David Williams get ready to debate.

Wheels of Justice Raises More Than $2 Million over 9 Years The Wheels of Justice bar sponsored cycling team raised $365,075.13 for the Children’s Hospital Center for Cancer and Blood Disorders, bringing their nine-year total to more than $2.3 million. Please join the team on Thursday, Nov. 6, from 5:30 to 7:30 p.m. at the DBA offices for the Wheels of Justice Team Appreciation Party. Attendees will enjoy free drinks, appetizers, and have the opportunity to hear from doctors and patient families about the life-saving treatments supported by the fundraising effort. RSVP to kcordova@childrenscoloradofoundation.org.

Visit the Wheels of Justice team website—wheelsofjusticecycling.org—for more information.

Far left: Special Events Coordinator for the CHC Foundation Hannah Blatt, DBA President John Vaught, Special Events Manager for CHC Katie Anders, Wheels of Justice team leaders Heather Leja and Aaron Bradford.

2014 Wheels of Justice Cycling Team.

DBA YLD Hosts Law Suit Days The DBA Young Lawyers Division held its annual Law Suit Days on Sept. 25 and 26 on the steps of the Denver City and County Building. Approximately 400 men’s and women’s business apparel were donated at the event. The clothing drive benefited Bayaud Enterprises, which provides vocational assessments, training services, and employment opportunities for people with disabilities or other barriers preventing them from finding employment on their own.

Maureen Weiland and Chris Levkulich collecting clothes at the Denver City and County Building.

November 2014 I The Docket 35

Collie E. Norman Esq. Samuel Gordon, Esq.

Hon. William F. Downes

John E. Hayes, Esq.

Randall C. Mustain-Wood, Esq.

Richard P. Myers Esq.

Hon. James S. Miller

Hon Harlan R. Bockman

Elaine A. Wohlner, Esq.

Sheldon E. Friedman Esq.

Hon. John P. Leopold

A DIVERSE TEAM WITH A UNIFIED VISION: SUCCESS. With experience in all areas of the law, please call to find out how we can help with your dispute resolution needs.

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