march 2017 pikes peak lawyer - constant...

1

Pikes Peak Lawyer

March2017

Message From the President

Legacy Society Open House

In Memoriam

The Rector Scale

Immigration Law Update

Volunteer Thank You

Law Day Sponsorship Form

2

MESSAGE FROM THE PRESIDENT

PATRICIA GERMER-COOLIDGE

Happy (almost) spring members As you all know our Law Day 2017 theme is ldquoThe Fourteenth Amendment Transforming American Democracyrdquo We are putting together a great panel to discuss this fascinating topic and our Law Day luncheon will be one not to be missed The Fourteenth Amendment has been the cornerstone for a number of seminal US Supreme Court cases but it can be applied to local ordinances as well Recently a local ordinance in Fort Collins prohibiting women over the age of ten from showing their breasts in public was ruled unconstitutional by US District Court Judge R Brooke Jackson citing the Equal Protection Clause of the Fourteenth Amendment The clause which took effect in 1868 provides that no state shall deny to any person within its jurisdiction the equal protection of the laws As this ordinance applied only to women over the age of ten (with an exception for breastfeeding) and not to men a lawsuit was brought by an international organization called ldquoFree the Nipplerdquo which is part of an international movement to end bans on females being topless in public

In his 12 page ruling the Court disagreed with the arguments that topless females might distract drivers and cause traffic issues stating the defense had shown no evidence that this was likely to occur Likewise the Court rejected the argument that children would be harmed by seeing a womanrsquos exposed breast Jackson wrote ldquoNor has Fort Collins provided any meaningful evidence that the mere sight of a female breast endangers children The female breast after all is one of the first things a child sees It seems that children do not need to be protected from the naked female breast itself but from the negative societal norms expectations and stereotypes associated with itrdquo Civil rights attorney David Lane (2016 Law Day Panelist) stated ldquoThe Court

essentially agreed that any statute containing the concept that lsquoWomen are prohibited fromhelliprsquo is likely unconstitutionalrdquo So the 14th Amendment is alive and well and is being applied to all levels of laws

March Presidents Happy Hour CSPD Body Camera Roll Out

When March 22nd from 400 - 530PM Where Red Gravy Italian Restaurant (S Tejon)What Body camera evidence cash bar amp light appetizers CLE 1 general CLE credit pending Cost $5Registration Open Bar Calendar Registration

April LuncheonMarijuana Law amp Policy Update

When April 11th from 1130AM - 1PM Where The Antlers HotelCLE 05 ethics and 1general credit pendingRegistration Open Bar Calendar Registration

Law Day 2017 Luncheon14th Am Transforming American Democracy

When May 2nd from 1100AM - 130PM Where The Antlers HotelRegistration Open Bar Calendar Sponsorship Opportunities email Kristi at executivedirectorelpasocountybarorg

3

From the EditorJOE CANNON


The Legacy Society will be hosting an open house for attorneys interested in joining this liftime membership group

We will mingle over complimentary wine and appetizers while discussing the programs and goals of our most seasoned attorneys

Membership The Legacy Society is the Lifetime EPCBA Membership Program that supports Bar activities including the needs of the New Lawyer Section and honoring members of the profession

Membership is open to all attorneys with at least 35 or more years

Who Should Attend This open house is for all attorneys interested in Legacy Society membership now or in the future Women and other minorities are highly encouraged to attend as diversity is sought

When April 19th from 400 - 530PM

Registration This is a free event Registration is open on the Bar Calendar

Foundation Gala Donation

Legacy Society members are donating $100 each to support the Bar Foundation Gala

To donate make a check out to EPCBA Memo Line Gala Donation and mail to

PO Box 429 Colorado Springs CO 80901-0429

or

Donate online httpwwwelpasocountybarorgel-paso-county-bar-association-payments

(This link is only for Legacy Society members)

LEGACY SOCIETY

Personalized financial planning and advice

Jamie Bartels-Giddings Financial Advisor615 Wooten Road Suite 130 Colorado Springs CO 80915

7194655555 middot jmgiddingsfirstcommandcomcopy2017 First Command Financial Services Inc parent of First Command Financial Planning Inc (Member SIPC FINRA) First Command Advisory Services Inc First Command Insurance Services Inc and First Command Bank Securities and brokerage services are offered by First Command Financial Planning Inc a broker-dealer Financial planning and investment advisory services are offered by First Command Advisory Services Inc an investment adviser

4

In Memoriam

BARNES JR

Thomas A Barnes JrJanuary 4 1949 - February 19 2017

Tom (age 68) passed away after a valiant one-month struggle against a rapidly progressing little-understood and untreatable neurological disease

A long-time local resident he is survived by son Grant Barnes of Colorado Springs and daughter Hope Barnes of Chicago IL He was born in Denver to Thomas A Barnes Sr and Katherine (Gilman) Barnes both deceased

Tom attended Denver public schools and earned degrees from the University of Colorado (BA-political science) and Ohio Northern University (Juris Doctor-law)

He began his 41-year legal career as a VISTA (legal aid) lawyer for a Denver non-profit youth services agency Next he practiced locally as a Deputy District Attorney where he won a case in the US Supreme Court Then in private practice he handled personal injury adult and juvenile criminal defense prisoners rights child protection and appellate cases

But Tom was the most proud of and best known amongattorneys and local social justice groups being a skilled persis- tent and tireless pro bono advocate for marginalized and disadvantaged citizens including the homeless He volunteered as a pro bono attorney for local battered women and the American Civil Liberties Union and as a member of the Governors Juvenile Justice Commission local Police Advisory and City Human Rights Commissions and citizen restorative justice and human relations groups

He also served the local District Court as a part-time Magistrate taught law for three years at DU taught criminal justice and paralegal courses part-time and authored a law journal article on the health care rights of foster children

Tom loved hiking in our mountains sailing his small boat studying the American Civil War and hunting book bargains at Poor Richards

An informal farewell and life celebration gathering for all friends clients and colleagues will be held Thursday March 23 5-7 PM at McCabes Tavern 520 South Tejon Street Colorado Springs

5

The Rector ScaleAnd If You Act Nowhellip

DAN RECTOR

If you are reading this column on the weekend I presume you are doing one of two things working at the office or headed to the golf course (Spending time with your family Really Yoursquore an attorney donrsquot try to con me)

The distinction between these two weekend activities is of course whether you are a younger or older attorney If you are just getting into the business (letrsquos say the first twenty years) you are at work If you are in the second phase of your profession life you are playing 18 while your junior associates are at work doing your job

But either way practicing law differs from most other business enterprises because your weekends are your own You are not one of the zillion realtors showing houses at all hours you are not tending bar at final call you are not explaining to a customer why the dealer prep charges on the new car arenrsquot simply a way to jack up the price At the very least you donrsquot have to interact with the public on Saturday or Sunday

Or as Keith Morrison would say do you

It appears that the new norm might well be 247 lawyering which will needless to say make a miserable profession even more intolerable To keep up your firm may need to establish a 24 hours lawyer hotline manned by an attorney to take those all-important weekend and middle of the night emergency legal calls

Yes I said manned by an attorney it wonrsquot work to simply forward the calls overseas to someone who wants you to unplug your modem to see if that solves the problem An attorney needs to stay up all night to take the calls

(You criminal lawyers are saying whatrsquos new those calls are commonplace in our world Yes except you just refer them to the bail bondsman and go back to sleep)

If you want to keep pace these days let the public know as part of your self-promotion that operators are standing by (I wonder does the lawyer then promise that he will then drop by your house the next day sometime between the hours of nine orsquoclock and twelve orsquoclock Will he have to put you on hold to go talk to a supervisor No matter)

The cynics among you might readily posit this question what in the realm of law would ever make it imperative to reach your attorney on weekends Overnight probate of an estate Need to assuage manrsquos anguish over that dog at large ticket Questions about last nightrsquos episode of NCSI

Look Irsquom with you on this one Wersquore in a business that is notorious for not getting things done on time let alone right away thatrsquos why God created continuances So now advertising attorneys have established the expectation that lawyers are as available as Uber

6

drivers Over the years Irsquove only taken calls at night because as one with a reputation for trivial knowledge Irsquove been called by many a drunken friend at 100 am to settle a bar bet (Yes Pete Best was the drummer in The Beatles before Ringo No Irsquom right your buddy is wrong Irsquom going back to bed)

Ron Popeil would be spinning in his grave over this trend (if he were dead) wersquore attorneys not selling Ginzu knives This puts us in the company of such 1-800 lines as the Rejection Hotline the KKK hotline the Bad Breath Notification hotline the Jury Duty Prank hotline the Outsource a Friendship to India hotline the Something in Your Teeth hotline and the Booger Hanging from your Nose hotline (some of those might not be legitimate ones) Arenrsquot we better than that

OK If you feel compelled to jump in with a ldquocall anytimerdquo legal line then I suggest you at least combine your attorney promotion with some recognized legitimate late night phone call services to maximize your effectiveness and to set yourself apart from the rest

Suicide prevention hot line Yeah wersquove all heard the joke about callers being put on hold (that is a joke isnrsquot it) but people who call on weekends about a car accident are probably distraught enough to need this service too

Psychoanalysis hot line Train one of your newbies to use a little TLC (ldquoYes I know you are in pain from the car accident but donrsquot you think this began with your relationship with your fatherrdquo)

Alcoholics Anonymous hotline Might as well start the twelve step program right away since the caller is probably in the hospital and has plenty of time on his hands

Sex hot line ldquoCan you tell me how the accident happened and by the way what are you wearingrdquo

Psychic hot line Let the public know that they can also get your fortune read at that same time Remember Ms Cleo on TV You could always call her up and merely by hearing you talk she could predict your future presumably after keeping you on the line long enough so the trunk charges piled up (Although if she could predict that yoursquod be in a car accident she should have warned you)

Oh and whatever the theme of your 247 ad make sure that you tell the callers that if they call before midnight tonight yoursquoll double your legal services They just have to pay for additional shipping and handling

The Rector Scale Conrsquot

1 Go to httpssmileamazoncom 2 Login to your account or shop as a guest 3 Search ldquoPikes Peak Pro Bono Projectrdquo

A percentage of your total sale will now go directly to the pro bono projects of the Barrsquos charitable arm The Pikes Peak Justice and Pro Bono Center

7

Been There Done That ndash Immigration Policy Deacutejagrave vu

By Amber L Blasingame

President Trumprsquos campaign promises and executive orders on immigration his first few weeks in office did not propose any new schemes Much of what he proposed are policies and programs that already exist And the other half are programs that were initiated tested and found lacking

Building a wall along the southern border is not a novel idea In fact of the 1954 miles of border that we share with Mexico we have already erected 650 miles of barrier fencing In 2006 Congress passed the Secure Fence Act and started the survey process to build 850 miles of additional fence along the border In 2008 after months of investigation and surveillance Congress ultimately amended the Act to require ldquonot less than 700 milesrdquo of fencing along the southern border and left it to the Department of Homeland Security to determine whether ldquothe use or placement of such resources is not the most appropriate means to achieve and maintain operational control over the international border at such locationrdquo As Senator Chuck Grassley stated in January 2017 ldquoWersquove already appropriated money for walls Wersquove got walls right nowrdquo Upon survey the government estimated that it would cost $65 million per mile to build a ldquosingle-layer pedestrian fenc[e]rdquo not including maintenance of the structure and associated roads In addition the southern border presents geographical and political barriers for building a wall The Rio Grande which represents over 1200 miles of the border twists and turns and frequently floods so much that the existing fence had to be built several miles further in the US border on private land to

avoid interfering with the flow of the river The Otay Mesa Mountains also straddle the border and present a challenge to building a wall Native American lands likewise span across the southern border The Tohono Orsquoodam Nation claims 75 miles of land along the USMexican border and have already stated that they will not permit a wall to divide their homeland Finally private property owners also own land on both sides of the border who have fought and will continue to fight against any eminent domain litigation the government may bring against them The cost and effort to build the wall are not worth it

Secure Communities (SCOMM) is another program that was introduced to municipalities and ended

in 2014 in the wake of litigation and push back by many local law enforcement authorities (LEAs) SCOMM was immediately replaced with a new program pursuant to the enforcement priorities announced in November 2014 referred to as the Priority Enforcement Program (PEP) ldquoSanctuary citiesrdquo is a misnomer for those municipalities that have publically denounced

SCOMM Municipalities that say ldquonordquo to SCOMM are not saying ldquonordquo to immigration enforcement but choosing not to force their law enforcement to serve double duty or risk litigation LEAs still have an obligation to report certain activities to the US Department of Homeland Security (DHS) 8 CFR sect 1373 Under SCOMM LEAs were further encouraged to enter into Memorandums of Understanding (MOUs) pursuant to INA sect 287(g) to train and ldquodeputizerdquo local officers as US Immigration and Customs Enforcement

Thank you to Immigration Law Luncheon Sponsor Michelle McKenna for her generous

support of the EPCBA and for hosting Thomas Henley Recipient of the Legacy Societys

Lifetime Achievement Award and his daughter Virginia Gatz-Henley at the luncheon

Tom - thanks for the many years of support and mentoring Thanks for being a lawyer who deeply cared about the lawyers in this town and acted on it You created your legacy one case at a time and Im glad to see you honored Michelle McKenna

8

(ICE) agents While SCOMM was in force approximately 120 jurisdictions signed the 287(g) MOUs including El Paso County in Colorado The enhanced program led to a lot of confusion with LEAs on occasion detaining US Citizens beyond state release dates with little to no probable cause beyond the detaineersquos inability to prove citizenship which led to litigation and community distrust of the police SCOMM aside from the 287(g) MOU jurisdictions permitted ICE to enforce a hold on a suspected detainee based on immigration status alone even when that detainee had yet to be convicted and was eligible for bond under state custody In Colorado detainees with an ICE hold were often prohibited from bonding out of state custody because if they were subsequently detained by ICE it may prevent them from appearing at a scheduled state court hearing on the criminal matter and thus rendering the purpose of the bond moot Under PEP LEAs still cooperate with ICE agents LEAs collect fingerprints from all arrestees that are then sent to the FBI and in turn the data is handed over to DHS ICE officers may then send a request to the LEAs

to notify ICE 48 hours in advance of releasing an individual The request must include the priority enforcement basis upon which LEAs should provide such information ICE may still request a hold up to 48 hours beyond the anticipated state release after a conviction but in addition to providing the priority enforcement basis must also provide probable cause for the hold ICE however is presumably prohibited from placing a hold on a detainee based solely on a civil immigration violation unless it falls under a prescribed enforcement priority These detainers are still questionable because it is not clear if the standard of immigration probable cause is the same standard necessary to prove probable cause under the Fourth Amendment Further ICE detainers do not require review of an independent judge but are issued upon the authority of the investigative official alone DHS ended SCOMM in 2014 and many of the 287(g) jurisdictions have opted out of the program subsequently including El Paso County which terminated its MOU in May 2015 Deputizing local police as an extension of ICE fosters distrust and fear in the immigrant community Immigrants

9

then become easy prey for criminals knowing that the victim will not call the police Many municipalities after opting out of SCOMM have since reported a decrease in violent crime as much as 20 and 15 of other crimes in their community SCOMM does not ldquoenhance public safetyrdquo it undermines it It empowers criminals who then target immigrants and immigrant communities thus increasing the crime rate and creating an atmosphere of fear and distrust among the entire community immigrant and citizen alike Further the executive orderrsquos proverbial ldquostick and carrotrdquo refusing federal funding to so called ldquosanctuary citiesrdquo raises Tenth Amendment concerns of federal interference with state affairs

The term ldquoExtreme Vettingrdquo brings to mind an exchange between two of the protagonists in A Few Goodmen ldquoObjectionrdquo ldquoOverruledrdquo ldquoOh no no no no I strenuously objectrdquo ldquoOh Well if you strenuously object then I should take some time to reconsiderrdquo As early as 1991 after Iraqrsquos invasion of Kuwait lead to Desert Storm the United States began requiring fingerprints and background checks of nonimmigrant nationals from Kuwait and Iraq After 911 the Bush Administration expanded this ldquoextreme vettingrdquo process and called it the National Security Entry-Exit Registration System or ldquoNSEERSrdquo Males of a certain age from 25 Muslim-majority Arab or South Asian countries mainly majority Muslim were required to be fingerprinted and registered under NSEERS separate and apart from any visa process they had already undergone Unlike now then the program was justified because it was implemented in the immediate aftermath and panic of the 911 attacks Most of the attackers were found to have been males of a certain age who entered on student visas from some of the designated countries under the registration program The government also had reason to believe that more attacks from these factions were imminent Individuals subject to NSEERS were required to undergo special screening anytime they left and re-entered the United States or as the result of a change in status or even address If they failed to comply with the special registration Immigration and Nationality Services (INS) deemed them in violation of status and could remove them from the United States More often than not however the ldquoviolationsrdquo were minor and just led to more paperwork and headaches to correct the error And not one person registered under the program was ever identified as a ldquoterroristrdquo or in any way a threat to national security or public safety DHS ended the

registration requirements in 2011 and on December 23 2016 the Obama administration rescinded the regulations governing NSEERS Just like SCOMM NSEERS only managed to create fear and paranoia within the immigrant communityPresident Trump has also proposed more ldquoextreme vettingrdquo in the refugee processing specifically those refugees processed through the US Refugee Admissions Program (USRAP) Suspending the program for 120 days is unprecedented especially without substantial evidence of an immediate threat to the countryrsquos security Even after the 911 attacks USRAP was suspended for less than three months A refugee is generally defined as a person outside of hisher country of origin or residence who has fled or is fleeing pursuant to persecution or a well-founded fear of persecution based on race religion nationality political opinion or membership in a particular social group and who is unwilling or unable to avail him- or herself of the protection of said country of origin or residence and seeks refuge in another country Unlike asylees who seek protection within the potential sanctuary country refugees seek protection from the outside The process may take months or even years and involve several different security clearances including application review biographic biometric and fingerprint back ground checks and in some cases iris scans medical examinations cultural orientations multiple interviews and repetitive processing before a refugee is even considered for distribution to any of the many countries who have agreed to accept refugees under the Geneva Convention The process is extremely arduous and frustrating for people who are essentially homeless and fleeing for their lives Many have left long-time homes with little more than the clothes on their backs and may be separated from family either left in the country of persecution or already relocated to a safe country Some may have been the victims of torture or witnessed the killing of loved ones and others may still be in danger even while they await transport in a refugee camp or safe zone Of the thousands of refugees seeking shelter globally less than one percent may actually be relocated to the United States

The executive orders further dictates the construction or appropriation of additional detention facilities along the border that will be staffed with Asylum Officers and Immigration Judges However in the same week President Trump also ordered a hiring freeze on federal employees

10

How will the latter affect the former In 2014 in response to the influx of immigrants fleeing violence gangs and poverty in Central America the Obama administration ordered that individuals caught at the border be detained in all available facilities The administration then instructed the US Department of Justice (DOJ) to expedite the removal process of these individuals per ldquoOperation Streamlinerdquo In the industry it was referred to as a ldquorocket docketrdquo and often crossed the line into due process violations Many of the immigrants who came over in the surge were children often unaccompanied or with only one parent Unaccompanied children could be as young as four years old and had to stand on a chair or the lap of an advocate and defend their right to stay in the United States in proceedings that made little or no sense in their young minds that were often conducted in a foreign language on multiple levels to them The DOJ originally delegated the removal hearings in make-shift detention facilities to IJs in Virginia but the time change among other issues became too cumbersome So instead the DOJ assigned the IJs

in Denver Colorado to hear the cases via telecast As a result all non-detained cases assigned to the judges in Denver were suspended indefinitely until the IJs could clear the ldquorocket docketsrdquo in the new or temporary detention facilities in New Mexico and later Texas All non-detained cases were reset for a Master Calendar (preliminary) hearing on 11292019 until further notice The ldquorocket docketrdquo was cleared in 2015 The non-detained docket did not return to normal scheduling until late 2016 Presently immigration courts nationwide have over 500000 cases in process which is five times the number of cases processed in 1998 and twice the number reported even in 2010 Congress has funded the DOJ to hire another 374 judges but the Executive Office of Immigration Review which oversees the immigration courts has only filled 296 of those positions to date And according to analysts in order to clear the current backlog by 2023 the DOJ would need to hire another 150 judges in addition to the authorized 374

Pikes Peak Justice amp Pro Bono CenterThanks Its Volunteers

Thank you to all the attorneys who volunteered with us at one of our free legal clinics helped staff the Self-Help Center in the Courthouse or took on a Pro Bono or Modest Means case Volunteer attorneys helped hundreds of people last month ndash call (719) 473-6212 to do your part and give back this March by taking on a case or coming to a clinic

Amber SligerBrett ChalmersCarolyn KellyCarrie KellyDaniel UsiakDavid HopkinsDavid KoppaDavid RobertsErica KaiserErin GardnerGreg Haller Gwendolyn Lawson

Jill WhitleyJina KoultchitzkaJohn KirchnerJoi KushJon HertzogKen DavidsonKyle GetchyLewis TurnerMariah DyllaMichael Salkind

Michelle GloverMo FredrickNathan WhitneyPaul HallerRobert OdleTimothy DietzTJ BernalTom MenzaTomasz Stasiuk

11

Family Law - Divorce Custody and Child Support and Family Violence (Amanda Fholer) Client is mother to three children ages 10 4 and 3 She is seeking custody of her children Her husband convicted of DV in El Paso County in 2016 has filed for divorce and is fighting for full custody and for client to pay him child support Client also claims husband is using a non-court ordered temporary custody plan to prevent applicant from seeing her children Husband was represented by the Gasper Law Group Pretrial hearing upcoming on 41117 and final orders on 5917

Family Law - Enforcement (Brian Atakpo) Mother disappeared with son on June 16 2016 and is not allowing client (father) to see son on allotted days Son is five years old Under care of mother son missed 66 of 90 days of school No pending court dates Family Law - Legal Separation (Terry Cooke) Client has been married to husband for 23 years and separated for the past two Client and her husband have two children together ages 17 and 20 Nothing in the courts has been filed Client had sole custody of both children Client was referred by TESSA and is part of their address confidentiality program Family Law - Modification of Child Support (Erin Bordelon) Client is mother to two six-year-old twins Original custody plan with ex made in 2012 called for 5050 custody and for father to pay $400 in child support every month Since then father has father has seen children less than 20 times and payed child support rarely Father has also behaved aggressively and erratically showing up at the childrens school unannounced and at clients home at 1030 pm demanding to see children Client would like full custody apart from visitation There are no pending court dates Family Law - Modification of Child Support (Allen Watkins) Client is father to two six-year-old twins The currently custody plan has client paying $720 in child support each month and with overnights every Wednesday and every other weekend Client also claims to have proof of an incorrect arrears balance Client would like 5050 custody of children Custody plan was last modified in 2012 and last reviewed in December of 2015 There are no pending court dates Family Law - Modification of Child Support (Rochelle Sandstrom) Client is mother to three children ages 16 16 and 15 Clients divorce agreement stated that both she and her husband would live in the same school neighborhood and provide for children equally Client is now disabled has a TBI and cannot work She can no longer afford original custody agreement There is a mediation scheduled for February 21st and a hearing scheduled for March 16th

Pikes Peak Justice amp Pro Bono CenterAvailable Cases

Volunteer Application Here

Family Law ndash Divorce (Benton Addison)Clients wife is filing for divorce and has kicked him out of the house Clients wife is represented by an attorney There is an initial status conference scheduled for 21417 Client is a veteran

Family Law ndash CustodyAbandonment (Tabitha Oliver)Client is mother to 1-and-a-half-year-old boy Father of the child has no interest in taking an active role in the parenting Father was convicted of Domestic Violence in March of 2015 in El Paso County and then violated terms of probation Client had a temporary restraining order against father of the child No court dates currently set

Family Law ndash Custody (Diana Davis) Clientrsquos husband is in Lincoln County Detention Center Client would like custody of the two children they had together ages 4 and 5 Client and her children are abuse victims there was domestic violence in the relationship and there is a Dependency and Neglect Case currently pending about the children Client is seeking a new allocation of parental responsibilities Nothing has been filed and there are no pending court dates

12

2017 Grant AnnouncementThe EL Paso County Bar Foundation is organized as a Donor Advised Fund of the Pikes Peak Community Founda-tion The Foundation is considering grant proposals for 2017 Applications may be submitted between April 15 2017 and May 15 2017 Grants must satisfy at least one of the Foundationrsquos charitable purposes listed below (a) Promote the education knowledge and awareness of the law (b) Improve the administration of justice and the delivery of legal services (c) Assist in providing legal services to those who are unable to afford them (d) Provide scholarships and grants consistent with these purposes andor (e) Serve similar charitable and community needs in El Paso and Teller Counties

All grant applicants must be non-profit organizations All grant applicants must apply online electronically using the Foundation Grant Application through the Foundation grant website httpswwwppcforgbargrantApplications must be complete including financial information Incomplete applications will not be consideredFor questions please contact

Robert Mack El Paso County Bar Foundation Grant Committee Chairperson tel (719) 238-0123 or Rmack2012hotmailcom

Application Deadline 5 pm Monday May 15 2017

Personal Bankruptcy Client is unemployed her husband was laid off and they have more than $15000 in credit card debt

Foreclosure (Gloria Benjamin) Client is a senior citizen who put a $10000 down payment on a 1999 modular home in Fountain in 2012 Total cost of the home was $24000 Client payed $21600 over the course of four years in the home and still had an unpaid balance of $15000She was evicted in July of 2016 Seeking legal recourse No pending court dates

VA ClaimAppeal Client is the surviving spouse of a military veteran The spouse of the client passed away in October of 2015 of hypertension and cardiovascular disease Client needs an attorney to assist her with a VA claim and appeal She also has been unable to get the civilian doctor to provide her with medical records Per the client she had a hearing date in June 2016 during which her claim was denied She has one year to appeal - thus until June 2017

13

A well-established Colorado Springs businesscommercial and construction litigation firm seeks an attorney with four or more yearsrsquo experience in commercial and construction litigation matters The attorney will assist and support senior attorneys and independently handle matters in both State and Federal Court The applicant must be willing to relocate to Colorado Springs Please send cover letter resume references transcript and writing sample to firmmullikenlawcom Competitive salary and benefits

The 2017 Application Form for The Office of Respondent Parentsrsquo Counsel is now open To be awarded a new contract for the term of July 1 2017 please submit this online electronic form no later than 500 pm on Friday March 31 2017 All applicants including associate attorneys are required to submit a substantive application as part of the evaluation process of the ORPC To learn more about the application process and requirements please refer to the Contract Renewal and Application Webinar Password for webinar ORPCApp$17 Link httpsvimeocom205612668 Online ORPC application httpsfs7formsitecomORPCColoradoform33indexhtml Reference only a complete printable version of the application is available here httpsfs7formsitecomORPCColoradoform33print

You must submit the online application no paper application will be accepted You must have a Colorado Attorney Registration Number to apply Questions Contact Sara Settle Executive Assistant Office of Respondent Parentsrsquo Counsel 1300 Broadway | Suite 340 | Denver CO 80203303-731-8773 | ssettlecoloradoorpcorg

Financial Assistance for LawyersAs a reminder the Waterman Fund provides financial assistance to Colorado lawyers who have practiced law in Colorado for at least 10 years and are ldquohellipaged infirm or otherwise incapacitated [and are] in good repute and standingrdquo Click here to read more about Watermanrsquos legacy An Application can be downloaded at wwwcobarorg All information about applicants and awards are confidential Please direct your questions or a completed Application to Janet Bauer at (303) 824-5319 or jmbauercobarorg

Independent legal assistant contractor with access to Lexis Nexus and experience with WestLaw seeks to provide administrative services to solo practice attorneys small or large law firms Services to be provided are but not limited to typing interrogatories conducting legal research dictation and preparing case files Subject matter expert with Freedom of Information Act (FOIA) and Privacy Act can serve as liaison between requester and government entity who owns desired requested records Monique James can be reached via phone 719ndash210ndash3587 or email THEFOIADocgmailcom

Colorado Legal Services announced that Anne McDonald had started as the new director of the Colorado Legal Services Low Income Taxpayer Clinic CLS was awarded a grant from the IRS to open the second Low Income Taxpayer Clinic in Colorado The University of Denver Sturm College of Law also sponsors its own LITC as a clinical program for students

LITCs are programs that provide free representation to low income taxpayers in federal tax disputes with the IRS and provide tax education and outreach to taxpayers focused on those who speak English as a second language (ESL)

The Colorado Legal Services LITC is in need of volunteer attorneys to take pro bono tax cases In many instances it is not necessary to have a background in tax law Volunteers may sign up to volunteer through Metro Volunteer Lawyers or by contacting the clinic director Anne McDonald directly at amcdonaldcolegalservorg or 303-837-2893

Classifieds amp Announcements

14

PO Box 429 bull Colorado Springs CO 80901-0429 Phone (719) 473-9700 bull Fax (719) 473-9216 bull wwwelpasocountybarorg

executivedirectorelpasocountybarorg

Law Day 2017

May 2 2017

1130 ndash 100 PM The Antlers Hotel

Help us mark Law Day 2017 at our annual luncheon where we will explore ldquoThe 14th Amendment

Transforming American Democracyrdquo This yearrsquos lunch panel features experts on the Citizenship Due Process and Equal Protection clauses that have advanced the rights of all Americans

SPONSORSHIP LEVELS AND BENEFITS

All sponsors thanked in printed and electronic Pikes Peak Lawyer (PPL) as well as in the

printed event brochure Gold Sponsor- $1500 Thanked from podium by Bar President at event option of vendor table at event logo recognition on table tents throughout event in e-Blast event invitation and on registration website full page color ad insert in printed and e-PPL frac12 page color ad insert in printed event brochure one lunch table (10 registrations)

Silver Sponsor- $1000 Thanked from podium by Bar President at event logo recognition on table tents throughout event in e-Blast event invitation and on registration website frac12 page color ad insert in printed PPL frac14 page color ad insert in printed event brochure five event tickets

Bronze Sponsor- $50000 Thanked from podium by Bar President at event logo recognition on table tents throughout event business card-size ad in printed and e-PPL as well as in event brochure three event tickets

Friend of Mock Trial - $250 Logo recognition at event table one classified ad in printed and e-PPL two event tickets Friend of the Bar- $100 Logo recognition at event table amp one event ticket

I want to sponsor The Law Day 2017 Event at the following level

Gold Sponsor $ 1500 Friend of Mock Trial $ 250 Silver Sponsor $ 1000 Friend of the Bar $ 100

Bronze Sponsor $ 500

Name _____________________________________ Organization _____________________________________

Address _____________________________________________________________________________________

Phone ________________________ Email _______________________________________________________ Check Enclosed (Make out to ldquoEPCBArdquo) Please Send Invoice

15

March Presidents Happy Hour CSPD Body Camera Rollout


Presidents Happy Hour The last Presidents Happy Hour at The Colorado Co-Op on N Tejon was a great success

The mixologists from Brooklyns On Boulder mixed us prohibition-era cocktails which were paired with an amazing spread of meat cheeses and baked goodies

Join us March 22nd for the next happy hour a CLE featuring Commander Pat Rigdon who will talk about the CSPDs new body camera program and related evidentiary issues

16

Committee Chairs

Alternative Dispute Resolution Hon Joe Cannon 955-7899

BenchBar Ed Gleason 386-3000

County Court Ken Davidson 390-7811

Fee Arbitration Ken Davidson 390-7811

MedicalLegal Richard Ranson 593-2121

Membership Amy Folsom 520-6485

Military Relations Melissa Guggisberg 488-7512

Newsletter Joe Cannon 578-3322

Section Chairs

Bankruptcy Vacant

Employment Law Nathan Whitney 473-1204

Family Law Jenni Helland 328-1616

Immigration Law Amber Blasingame 297-9171

New Lawyers Co-Chairs Claire Nutter 208-8290

New Lawyers Co-Chairs Miles Cottom 572-7420

Probate Luke Johnson 471-9300

Real Estate Paul Murphy 471-3389

SoloSmall Firm Tomasz Stasiuk 359-9311

Related Organization

Colorado Legal Services Sarah Lipka 471-1412

Court Care Diane Price 632-1754 x21

EPC Chapter of the CO Womenrsquos Bar Association

Susan Marhoffer 685-1117

EPC Bar Foundation Debra Eiland 471-1545

Inn of Court Hon Jill Brady 452-5291

Pikes Peak Paralegals Jill Tee 633-3334

Justice amp Pro Bono Director Charles Simon 473-6212

Restorative Justice Lynn Lee 640-1650

Teen Court Debbie English 475-7815

El Paso County Bar Association

Executive Director Kristi Dorr Gilkes 473-9700

Lawyer Referral Service Jennifer Wolcott 636-1532

The Pikes Peak Lawyer wants to hear from you We encourage article submissions and letters to the editor If interested send your word document containing fewer than 2000 words to executivedirectorelpasocountybarorg with subject line ldquoPPL Submissionrdquo

Published by the El Paso County Bar Assocition PO Box 429 Colorado Springs CO 80901Phone (719) 473-9700wwwelpasocountybarorg

With its extraordinary leadership and dedication to service the El Paso County Bar Association is a bridge among its members community and justice system providing each with significant value

Our mission to provide legal information and services to our members and to promote respect for the law and the legal profession

OfficersPatricia Germer-Coolidge President Paul Haller President-ElectAmy Folsom Secretary Haily Holberg TreasurerDavid Webster Immediate Past President

TrusteesAmber Blasingame Jessica Kyle DanehyJoi KushEd McCord

CBA Board of Governors Hon Joe Cannon Jenni Helland Jina Koultchitzka Joi KushVincent Rahaman

Pikes Peak Lawyer Hon Joe Cannon Editor Kristi Dorr Gilkes Managing Editor

The Pikes Peak Lawyer is published 11 times per year Statements and opinions expressed in editorials and articles are not necessarily those of the El Paso County Bar Association Publication of advertising does not imply endorsement of products services or statements made concerning them All advertising is subject to the approval of the Bar Association which reserves the right to reject editorial and article copy Any material accepted is subject to such revisions as necessary in the sole discretion of the Managing Editor

Message from the President

Classifieds

Directory

2

MESSAGE FROM THE PRESIDENT

PATRICIA GERMER-COOLIDGE

Happy (almost) spring members As you all know our Law Day 2017 theme is ldquoThe Fourteenth Amendment Transforming American Democracyrdquo We are putting together a great panel to discuss this fascinating topic and our Law Day luncheon will be one not to be missed The Fourteenth Amendment has been the cornerstone for a number of seminal US Supreme Court cases but it can be applied to local ordinances as well Recently a local ordinance in Fort Collins prohibiting women over the age of ten from showing their breasts in public was ruled unconstitutional by US District Court Judge R Brooke Jackson citing the Equal Protection Clause of the Fourteenth Amendment The clause which took effect in 1868 provides that no state shall deny to any person within its jurisdiction the equal protection of the laws As this ordinance applied only to women over the age of ten (with an exception for breastfeeding) and not to men a lawsuit was brought by an international organization called ldquoFree the Nipplerdquo which is part of an international movement to end bans on females being topless in public

In his 12 page ruling the Court disagreed with the arguments that topless females might distract drivers and cause traffic issues stating the defense had shown no evidence that this was likely to occur Likewise the Court rejected the argument that children would be harmed by seeing a womanrsquos exposed breast Jackson wrote ldquoNor has Fort Collins provided any meaningful evidence that the mere sight of a female breast endangers children The female breast after all is one of the first things a child sees It seems that children do not need to be protected from the naked female breast itself but from the negative societal norms expectations and stereotypes associated with itrdquo Civil rights attorney David Lane (2016 Law Day Panelist) stated ldquoThe Court

essentially agreed that any statute containing the concept that lsquoWomen are prohibited fromhelliprsquo is likely unconstitutionalrdquo So the 14th Amendment is alive and well and is being applied to all levels of laws

March Presidents Happy Hour CSPD Body Camera Roll Out


April LuncheonMarijuana Law amp Policy Update

When April 11th from 1130AM - 1PM Where The Antlers HotelCLE 05 ethics and 1general credit pendingRegistration Open Bar Calendar Registration

Law Day 2017 Luncheon14th Am Transforming American Democracy

When May 2nd from 1100AM - 130PM Where The Antlers HotelRegistration Open Bar Calendar Sponsorship Opportunities email Kristi at executivedirectorelpasocountybarorg

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Law Day 2017

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Law Day 2017

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Law Day 2017

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Committee Chairs









Section Chairs

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Committee Chairs









Section Chairs

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march 2017 pikes peak lawyer - constant...

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