Certiorari Grants, Grant and Remand, and an Interesting Denial

The Supreme Court granted certiorari in three civil cases: one involving the governor’s authority to issue certain honorary proclamations and a taxpayer’s standing to bring such a challenge, and a second case to determine whether certain amendments to the fire department’s disciplinary system are subject to the collective bargaining provisions of the Denver City Charter.

In the third case the Court took the unusual action of granting certiorari as to whether the notice requirements pursuant to Indian Child Welfare Act (ICWA) were satisfied under 25 U.S.C. section 1912(a) (2001) and CRS 19-1-126, Colorado’s Children’s Code. It then remanded with instructions to the trial court that notice be given in accordance with the provisions of the ICWA and the Children’s Code.  The Court also provisionally vacated the trial court’s order terminating parental rights but held that the trial court’s judgment terminating parental rights “shall be reinstated and will stand affirmed if it is ultimately determined, after proper notice, that the child is not an Indian child. If the child is determined to be an Indian child, the trial court must proceed in accordance with the ICWA.” A copy of the original Order of the Court is here: 13SC176.

Please visit the Certiori tab for a complete statement of the issues granted.

Petitions sought pursuant to C.A.R. 50 — which are appeals directly to the Supreme Court prior to Court of Appeals review are rare. Even more rare is a grant. Par for the course, the following petition for CAR 50 review was denied and will therefore be addressed by the court of appeals in the first instance; and any appeal from that opinion will be pursuant to the normal certiorari review process under CAR 49.

No. 13SC85, Richard L. Anderson; Stephanie Allen; James N. Dreisbach, MD; Nicholas G. Muller; Ray Blum, MD; K. Mason Howard, MD; Susan E. Ljunghag, MD; Richard Schaler, MD; and Richard Parker, MD v. John W. Suthers, as the Attorney General for the State of Colorado; HealthOne, d/b/a The Colorado Health Foundation; HealthOne of Denver, Inc.,; and HCA-HealthOne, LLC, Court of Appeals Case No. 12CA2313

Petition for Writ of Certiorari Pursuant to C.A.R. 50 DENIED.

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