COLORADO JUDICIAL INSTITUTE

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1 COLORADO JUDICIAL INSTITUTE Volume 6, Issue 1 1st Quarter, 2010 In this Issue: 2009 Excellence Awards Recipients Page 2 Our Courts Wins National Award Page 3 Award of Merit Goes to Constance Talmage Page 5 Upcoming CJI Events: CLE - Judges Tell All: How to be Your Most Persuasive Self In Issues that Matter February 19, 2010 Judicial Independence Membership Breakfast March 18, 2010 Judicial Excellence Awards Nominations Open March 3, 2010 CJI Executive Committee: Robert N. Miller Board Chair Elinor Miller Greenberg Vice Chair Sheila M. Gutterman Vice Chair James E. Scarboro Vice Chair Peter D. Willis Vice Chair Anne M. Garcia Treasurer Rodney Yokooji Secretary CJI Staff: Executive Director Dana Nelson Director of Marketing and Administration Cynthia Ophaug-Johansen Colorado Judicial Institute P.O Box 118 Broomfield, CO (303) Political Pressures Still Threaten Impartial Courts, LWV Chief Warns By Bob Ewegen, CJI Board Member and Journalist in Residence Despite public revulsion at big-spending campaigns aimed at electing politicized judges to state courts, the jury is still out on efforts to ensure fair and impartial courts through merit selection, Mary Wilson, President of the League of Women Voters of the United States, warned CJI guests. Wilson, an Albuquerque attorney, spoke to more than 470 judges, attorneys and community leaders gathered at the Colorado Judicial Institute s 7 th Annual Judicial Excellence for Colorado Dinner at the Denver Marriott Civic Center Nov. 5. While Colorado and New Mexico are among the states that choose judges through merit selection, 39 states still elect at least some of their judges in contested elections. Wilson said public attention was focused on runaway spending in some races for judicial offices by the recent U. S. Supreme Court ruling in Caperton v. Massey Coal Co. The Caperton case originated in West Virginia, one of six states that still elects all its judges in partisan elections. A coal company executive spent $3 million to help elect a new judge to the West Virginia Supreme Court of Appeals while the appeal of a $50 million punitive damages award against his company was on its way to that very court. The candidate who benefitted from that massive spending was elected and ultimately cast the decisive vote in a pair of 3-to-2 decisions throwing out the $50 million jury verdict against the coal company. The League of Women Voters joined the Colorado Judicial Institute, Justice at Stake, and other groups in an amicus brief urging the U. S. Supreme Court to establish stronger ethical standards in such cases. The high court ultimately ruled 5-4 that the U.S. Constitution s due process clause can require a state judge to abstain when a party in a case before that judge has had a significant or disproportionate influence on placing the judge on the court through large campaign contributions. In the wake of the Caperton decision, several states, notably including Michigan, have acted to strengthen their own rules for judicial recusal, Wilson said. Polls show voters feel campaign contributions influence judicial decisions, Wilson, a 1975 University of Denver Law School graduate, told her Colorado audience. But there is still a mind-boggling patchwork of judicial selection methods throughout the U.S. And even in states with merit selection, there are continuing efforts to fool the voters to go back to partisan or non-partisan elections for our courts. The League of Women Voters, a non-partisan educational organization founded in 1920, has 850 local and state affiliates, including all 50 states. While it has no uniform national policy on judicial selection, the League has long fought for a fair, independent and impartial judiciary. Realizing it wasn t only women who need voter information, the League also helps distribute impartial information about judges up for election or for retention elections such as those used in Colorado, Wilson said. Threats to Impartial Courts Continued on Page 3

2 Colorado Judicial Institute Celebrates 2009 Excellence Awards Recipients By Dana Nelson, CJI Executive Director Attendees at the Colorado Judicial Institute Judicial Excellence for Colorado Dinner celebrated the recipients of the 2009 CJI Judicial Excellence Awards. The three 2009 recipients are: Judge James H. Hiatt, Judge Doris E. Burd and Magistrate Brian N. Bowen. The Honorable James H. Hiatt of the 8th Judicial District (Jackson and Larimer Counties) is the honoree in the District Court category. Following a career in Legal Aid offices in Oklahoma and Colorado, and private practice in Fort Collins, Judge Hiatt was appointed a district court magistrate in 1985 and to the district court bench in Having exhibited exemplary judicial skills and administrative skills and having earned widespread respect for his knowledge and consistent judicial temperament, he was selected as the Chief Judge of the district in A short nine months after his appointment as Chief Judge, he oversaw a seamless move into the new Larimer County Justice center facility that did not involve the loss of a single day of judicial business. This feat of administrative prowess earned the respect of the County Commissioners and would not have been possible without the consistent support of the entire judicial district. During his tenure, Judge Hiatt devoted significant energy into expanding efficiency standards and practices throughout the district which have resulted in dramatically improved timelines and the effective use of resources. Judge Hiatt has never shied away from difficult or high profile cases and the local and national publicity and partisan criticism that accompanies them. Judge Hiatt has served on the Colorado Judicial Coordinating Council, Colorado Commission on Judicial Discipline, Statewide Methamphetamine Task Force, Caseflow Leadership Task Force. The Governor s Task Force on Children, and serves as a mentor and educator for judicial colleagues. Judge Hiatt retired from the bench in July The Honorable Doris E. Burd of the Denver County Court is the honoree in the County Court category. Judge Burd s legal history includes service with the Legal Aid Society, as the Clinical Education Supervisor at the University of Denver College of Law and in private practice for nine years prior to her appointment to the Denver 2 County Bench in In her nomination, Judge Burd was described as a judge s judge for her commitment to judicial independence, devotion to ethical standards, legal knowledge, and service to her colleagues. Requiring a considerable time commitment and knowledge of the needs of the court, Judge Burd chairs the Denver County Court Resources Committee which is charged with determining the allocation of increasingly limited resources. Judge Burd has also dedicated time to educate students about the legal system and role of the judiciary through her activities with mock trial programs and class visits. She served on the Juvenile Justice and Delinquency Prevention Council a statewide Council which promotes juvenile issues. In the broader community, Judge Burd served on the board of the Washington Park Community Center and has worked with Denver Digs Program of the Park People. Magistrate Brian N. Bowen of the 17 th Judicial District (Adams County) is the honoree in the Magistrate Category. Following a career in private practice, as a municipal and special prosecutor, a municipal judge, and a small claims magistrate in Weld and Adams counties, Bowen was selected as a Magistrate in the 17 th Judicial District in September Magistrate Bowen has a widely varied caseload, and in the words of his nominator moves quickly and easily between case types, switching gears seamlessly while still placing a focus on explaining all proceedings in simple and clear terms for participants especially children and families. Magistrate Bowen has served in leadership positions with the Colorado Magistrates Association, the Colorado and Adams County Bar Associations, A.C.C.E.S.S. Housing, Inc, Commerce City Housing Corporation, LINK Juvenile Assessment Center and the Adams County Youth Initiative. He serves as an educator with numerous programs including the Aims Community College Police Academy, Child Support Enforcement Conference, Association of Code Enforcement Office, and the Grandparent s Raising Grandchildren Program. Magistrate Bowen has organized benefit fundraisers, created a Relay-for-Life Judge James H. Hiatt, Chief Justice Mary Mullarkey, Judge Doris E. Burd and Magistrate Brian N. Bowen at the 2009 Judicial Excellence Awards. Judicial Awards Honorees Continued on Page 5

3 Our Courts Wins National Award for Public Education Program Our Courts, an adult education project created in partnership by the Colorado Bar Association and Colorado Judicial Institute, has won the American Bar Association s 2010 Burnham Hod Greeley Award. Founded in September 2007, Our Courts programs provide nonpartisan information to audiences (such as Rotary Clubs and community groups) throughout the state to further public knowledge and understanding of the state and federal courts in Colorado. More than 250 presentations have been made by volunteer presenters to approximately 6,000 people. Current Our Courts presentations address appellate review of trial court decisions; the selection evaluation and retention of state court judges; and the workings of the federal courts. The idea for the Our Courts program was that of U.S. District Court Judge Marcia Krieger and Colorado Court of Appeals Judge Russell Carparelli. Both are CJI Board Members. A partnership formed between the CJI and CBA because the program fit with both organizations mission statements. The program currently has more than a dozen partner organizations, along with courts leaders at every level. Both U.S. Supreme Court Justice Sandra Day O Connor and Colorado Supreme Court Chief Justice Mary Mullarkey wrote letters to the American Bar Association in support of the Our Courts award nomination. Our Courts presenters address the role of fair and impartial courts in applying and preserving the rule of law. All programs are free of charge. Presenters take no position regarding any court case, legislation, ballot issue or proposed change to the court system. The ABA s Coalition for Justice reviewed nominations received last fall from around the country. Judges evaluated the nominations for significant, positive impacts on public understanding of the role of the judiciary in a democratic society and for ability to convey the importance of the judiciary s role in the rule of law. The award recognizes extraordinary outreach efforts that show the public the need for a fair and impartial judiciary. The award is named in honor of the late Hawaii attorney Burnham Hod Greeley, a dedicated ABA leader who was committed to promoting public trust and confidence in our justice system. The annual presentation of the award will be at the ABA annual mid-year meeting during the Judicial Welcome Breakfast on Feb. 5 in Orlando, Florida. Judge Krieger, Judge Carparelli and CJI Board Vice-Chair Ellie Greenberg will attend to accept the award. Threats to Impartial Courts continued from Page 1 Colorado s own ethical standards for judges are so strict that this year s Judicial Excellence Awards winners followed the custom of past honorees and accepted their awards without making any public comment. This year s awards went to District Judge James H. Hiatt of the 8 th Judicial District in Jackson and Larimer Counties, Denver County Judge Doris E. Burd, and Magistrate Brian N. Bowen of the 17 th Judicial District (Adams County.) CJI Board Member Jeri Barajas presented the award to Judge Hiatt, who was hailed as among the most intelligent, thoughtful, respectful, kind, well-written, neutral and insightful judges on the bench. Selected as a chief judge in 2000, Hiatt was praised for blending administrative prowess as well as being well-prepared, fair, efficient and careful with the delicate balance between human beings and the complex rules under which we all must live. CJI Vice-Chair Sheila Gutterman presented the award to Judge Burd, noting not just her fairness and efficiency, but the humor and understanding she brings to the bench. Burd was also honored for efforts to educate students about the legal system through such activities as mock trial programs and classroom visits. Retired District Judge and CJI Board Member Robert Fullerton presented the award to magistrate Bowen, who was hailed for his extraordinary judicial demeanor, his commitment to providing all in his court the chance to speak and ask questions, and his willingness to volunteer in support of colleagues, staff and profession. CJI Chairman Bob Miller made both welcoming and closing remarks. Besides honoring judicial excellence, Miller noted the annual dinners helps promote that very excellence. Past dinners and gifts have raised $195,000 to help provide advanced education and training for Colorado judges and judicial department personnel. CJI s longstanding efforts include a working partnership with the National Judicial College, the nation s premier judicial education program. 3

4 CJI Thanks all the Generous Sponsors of the 2009 Judicial Excellence for Colorado Dinner Platinum Sponsor Wheeler Trigg O'Donnell LLP Gold Sponsors Arnold & Porter LLP Berg Hill Greenleaf & Ruscitti LLP COPIC Companies Davis Graham & Stubbs LLP DISH Network L.L.C. Holland & Hart LLP Law Week Colorado Morrison & Foerster LLP Patten, MacPhee & Associates, Inc. Silver Sponsors American Arbitration Association Baker & Hostetler LLP Burg Simpson Eldredge Hersh & Jardine, P.C. Colorado & Denver Bar Associations and CLE in Colorado, Inc. Denver Marriott City Center Faegre & Benson LLP GHP Horwath, P.C. Gutterman Griffiths PC Hall & Evans L.L.C. Heartland Bank Kennedy Childs & Fogg, P.C. Perkins Coie LLP Reilly Pozner LLP Robinson Waters & O'Dorisio, P.C. Bronze Sponsors Arapahoe County & Douglas-Elbert Counties Bar Associations Brownstein Hyatt Farber & Schreck, LLP Canges, Iwashko, Bethke & Bailey, P.C. Fulbright & Jaworski L.L.P. Greenberg Traurig, LLP Grimshaw & Harring, P.C. Haddon, Morgan, Mueller, Jordan, Mackey & Foreman P.C. Harper Lutz Zuber Hofer & Associates LLC Ireland Stapleton Pryor & Pascoe, PC Jacobs Chase Frick Kleinkopf & Kelley, LLC Johnson & Cord, P.C. Judicial Arbiter Group, Inc. Kutak Rock LLP Lindquist & Vennum PLLP Littler Mendelson, P.C. M.D.C./Richmond American Homes Foundation Miller & Steiert, P.C. Mountain States Employers Council, Inc. Pendleton, Friedberg, Wilson & Hennessey, P.C. Silver & DeBoskey, P.C. Snell & Wilmer L.L.P. Sturm College of Law at the University of Denver University of Colorado Law School Wells Anderson & Race LLC White and Steele, P.C. And Thank You to our Special Sponsors Davis Graham & Stubbs LLP For program layout services IKON Office Solutions, Inc. For printing the dinner program Mountain States Employers Council, Inc. For providing meeting space 4

5 Constance Talmage Receives Bar Association Award of Merit The Colorado Bar Association presented Connie Talmage with its highest award, the Award of Merit, at the Colorado Bar Foundation annual Bar Fellows dinner on Friday, Jan. 8. Talmage has had a legal career committed to helping worthwhile causes. Since 2000, she has been the executive director of Colorado Lawyers Committee, a nonpartisan coalition of 50 metro Denver law firms that do high impact pro bono work to improve conditions for children and the underprivileged. A graduate of the University of Denver Sturm College of Law, Talmage began her career at Holland & Hart. She also worked for Ireland Stapleton Pryor & Pascoe. In 1990, she was hired by the Colorado Judicial Institute to conduct a statewide study of the use of alternative dispute resolution (ADR). Her work caught the attention of the Colorado Supreme Court, and she was hired as director of ADR for the state courts. Talmage served as an adjunct professor, teaching ADR at DU from She has also been involved in leadership of the following organizations: Colorado Women s Bar Association and CWBA Foundation, Colorado Access to Justice Commission, CBA Judicial Liaison Section, DU s Student Loan Repayment Assistance Program Committee, Deans Diversity Council, Minoru Yasui Inn of Court, the Colorado Campaign for Inclusive Excellence, and the CBA s 2020 Law Firm Initiative Committee. Currently, she is a CJI Board Member and serves as the CBA Award winner Connie Talmage celebrates with CJI Board Members Mike Canges, Ellie Greenberg, Ralph Torres and Judge Bob Fullerton. Chair of the annual Judicial Excellence Dinner. She also volunteers on the Yellow Ribbon Suicide Prevention International Foundation and at her church. The CBA Award of Merit is awarded annually to a member of the association for outstanding service to the association, the legal profession, the administration of justice, and the community. In the News CJI Vice-Chair Ellie Greenberg is being inducted into the Colorado Women s Hall of Fame on March 18, The Honorable Robert H. Russell, II, received The President s Award from the Metropolitan Denver Interdisciplinary Committee (MDIC) at the Annual Judges Luncheon on December 1, Judge Russell is a 2008 Judicial Excellence Awards Honoree. Our Courts will be presenting a regular series of lectures at the Academy for Lifelong Learning. The series will include presentations on state courts, federal courts, and the anatomy of a criminal case. Presentations will be every Thursday in April from 1:30pm 3:30pm. Contact the Academy at for more information. Judicial Awards Honorees continued from Page 2 team, serves many leadership roles at his church, volunteers with the local food bank and serves on the Access to Justice Committee for Adams and Broomfield Counties. The Colorado Judicial Institute will open nominations for the 2010 annual Judicial Excellence Awards starting on March 3rd. Nominees must meet minimum qualifications including term of service, outstanding legal knowledge, exemplary judicial demeanor, and service to the legal community, judiciary and community. A nomination form and submission information will be on the CJI website starting on March 3rd. 5

6 Judicial Independence Membership Breakfast Thursday, March 18, :30 a.m. The University Club, 1673 Sherman Street, Denver Help CJI meet new members! Sign up now to be a table captain or table cocaptain at our upcoming membership event. This is a complimentary breakfast for members of the legal, civic and business communities. Speakers The Honorable Rebecca Love Kourlis, Executive Director of the Institute for the Advancement of the American Legal System and former Justice of the Colorado Supreme Court Theresa Spahn, Director of the O Connor Judicial Selection Initiative for the Institute for the Advancement of the American Legal System For more information please contact: Cynthia Ophaug-Johansen Cynthia@ColoradoJudicialInstitute.org The Judges Tell All: How to Be Your Most Persuasive Self in Issues That Matter Date and Time: February 19, :30 AM - 12:15 PM Location: CLECI Large Classroom 1900 Grant Street, Suite 300 Denver CO (303) For More Information and to Register: Go to and select date from calendar then select the course title The Judges Tell All. Whether you are a novice litigator or a seasoned professional in the litigation arena, in this unique half-day program you will learn more about what the judges are thinking and looking for in their courtrooms than in any other program you've attended before. This is a unique opportunity to hear from a panel of recently appointed judges, a panel of currently sitting judges, and a panel of former judges who will address your most pressing questions, issues and concerns about succeeding and winning in their courtrooms. Frank discussion from judges will teach you the most effective tactics to use to serve your purposes, and also what pitfalls to avoid to ensure your success. 6