“There is no real ending. It’s just the place where you stop the story.” – Frank Herbert. In this attorney-discipline case, Attorney Bass was suspended from the practice of law, stayed subject to the successful completion of a two-year probationary period. The Office of Attorney Regulation later asked the Presiding Disciplinary Judge to revoke her probation. He did so after 4 months of attempting to serve her with the request. The date for the end of her probation passed. A week later the Judge revoked her probation and suspended her for a year and a day. She appealed, claiming that the Judge lacked authority to do so after the last day of her probation. The Court disagreed because only an affidavit of compliance and the issuance of an order certifying completion ends probation. Because that didn’t happen, she was still “on probation.” Thus, the Judge was authorized to order suspension.
http://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2012/12SA89.pdf
http://www.cobar.org/opinions/opinion.cfm?opinionid=8998&courtid=2
Changes to CRCP 103 and 121 1-15
The following changes have been made the Colorado Rules of Civil Procedure:
Rule 103. Garnishment
SECTION 1 [NO CHANGE]
SECTION 2
(a) Through (f) [NO CHANGE]
(g) Court Order on Garnishment Answer.
(1) If an answer to a writ with notice shows the garnishee is indebted to the judgment debtor, the clerk shall enter judgment in favor of the judgment debtor and against the garnishee for the use of the judgment creditor in an amount not to exceed the total amount due and owing on the judgment and if the judgment creditor is pro se, request such indebtedness paid into the registry of the court. However, if the judgment creditor is represented by an attorney or is a collection agency licensed pursuant to 12-14-101, et. seq., C.R.S., the garnishee shall pay the funds directly to the attorney or licensed collection agency.
(2) through (4) [NO CHANGE]
SECTIONS 3 through 12 [NO CHANGE]
Rule 121, Section 1-15 Determination of Motions
1. through 9. [NO CHANGE]
10. Proposed Order. Except for orders containing signatures of the parties or attorneys as re- quired by statute or rule, each motion shall be accompanied by a proposed order submitted in editable format. The proposed order complies with this provision if it states that the requested relief be granted or denied.
HERE is a link to RULE CHANGE 2013(07).
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