COLORADO JUDICIAL INSTITUTE

Volume 9, Issue 4 4th Quarter, 2013

In this Issue: O’Connor Gives Merit System

New National Program to Educate CJIthe PublicScholarships on Judicial for ADR Issues Ringing Endorsement Conference—Page 3 —Page 2 By Bob Ewegen, CJI Board Member and Journalist-in-Residence Our Courts Hits Six Years —Page 4 Retired U.S. Supreme Court Justice Sandra Day O’Connor gave a CJI Celebrates 30th Anniversary ringing endorsement to the merit system of judicial appointments as practiced in —PageCJI Honors 4 Five Jurists at Judicial Colorado and Arizona during Constitution Day observances at the University of Excellence for Colorado Dinner —Page 5 Colorado at Boulder on September 17. Buy Your Tickets Now! Almost a thousand students and visitors, including many members of DUCJI OffersJudicial New Excellence Resource Dinner Center to the Colorado legal community, gathered at the University Memorial Center to Divorcing—Page 4 Families —Page 7 hear O’Connor as part of the third annual John Paul Stevens Lecture hosted by the CU law school. She was joined on the panel by Ruth McGregor, former SeatsUpcoming for 2013 CJI Events:Judicial Excellence Chief Justice of the Arizona Supreme Court, and former Colorado Supreme for Colorado Dinner Still Available —PageSeventh 8 Annual CJI Judicial Court Justice Rebecca Love Kourlis, now executive director of the University of Excellence for Colorado Dinner— Denver’s Institute for the Advancement of the American Legal System. CU law November 5, 2009 professor Melissa Hart, director of the Byron R. White Center for the Study of

UpcomingJudicial Independence CJI Events: Membership American Constitutional Law, moderated the panel. Breakfast The fact that all four of the eminent legal figures sharing the stage were CJIMarch Judicial 18, 2010 Excellence for women was itself proof of the wide-ranging changes in the legal profession since Colorado Dinner —October 15, 2013 O’Connor’s appointment by President Ronald Reagan in 1981. O’Conner was the first-ever female justice on the U.S. Supreme Court. CJI Executive Committee: Hart reminded the audience that gender bias in the legal profession was Robert N. Miller—Board Chair CJIElinor Executive Miller Greenberg—Vice Committee: Chair so strong in 1952, when O’Connor graduated from Stanford Law School, that at Sheila M. Gutterman—Vice Chair JamesK.C. Groves E. Scarboro—Vice —Chair Chair least 40 law firms refused to even interview her for a position as an attorney – JamesPeter D. E. Willis—Vice Scarboro — ChairVice Chair Anne M. Garcia—Treasurer simply because she was a woman. She finally found employment as a deputy RodneyPeter D. Yokooji—SecretaryWillis —Vice Chair county attorney in San Mateo, California, after she offered to work for no salary

Yvonne Zuber —Treasurer and without an office. Eventually, her supervisors decided her competence ThomasCJI Staff: R. O'Donnell —Secretary Executive Director Continued under “O’Connor” on Page 2 Dana Nelson CJIDirector Staff: of Marketing and Administration Cynthia Ophaug-Johansen Executive Director Amy Ostheimer Colorado Judicial Institute P.ODirector Box of Marketing118 and Administration Don’t Forget… Broomfield, Cynthia Ophaug-Johansen CO 80038-0118 The Eleventh Annual Executive(303) 766-7501 Assistant Laura Rothenberg Judicial Excellence www.ColoradoJudicialInstitute.org Colorado Judicial Institute for Colorado Dinner P.O Box 118 Broomfield, CO 80038-0118 Presented by the Colorado Judicial Institute (303) 766-7501 www.ColoradoJudicialInstitute.org Tuesday, October 15, 2013 Denver Marriott City Center 1701 California Street 6 p.m. Cocktail Reception 7 p.m. Dinner

Haven’t reserved your seats yet? See page 8 for more information.

Continued from “O’Connor” on Page 1 outweighed her gender and started paying her a salary. In sharp contrast, women now make up about 47 percent of U.S. law students. Women also make up 47 percent of first- and second-year associates, according to a National Association of Women Lawyers survey of the nation’s 200 largest law firms. Men still dominate at the equity partnership level, however, where only 15 percent of the lawyers are women. Because O’Connor still sometimes sits as a justice on the U.S. Court of Appeals, she carefully avoided commenting on any legal issues that might reach such a tribunal. But she had no trouble endorsing merit selection systems for judges at the state level when an audience member asked, “What are the threats to the independence Retired U.S. Supreme Court Justice Sandra of the judiciary?” Day O’Connor was joined on stage at the “All three of us share concerns about electing third annual John Paul Stevens Lecture by judges at the state level. When you have popular election former Colorado Supreme Court Justice of judges, you have a substantial worry that campaign Rebecca Love Kourlis (Left) and former contributions may influence decisions that come before Arizona Supreme Court Chief Justice Ruth them. So, how to ensure fair and impartial decision McGregor (Middle). making? I don’t think you do it by selecting them in partisan elections,” O’Connor said. McGregor agreed, noting that she had helped O’Connor also decried the lack of a Western nudge her state of Arizona to adopt a merit selection justice on the current U.S. Supreme Court. system similar to the one used by Colorado. “It’s helpful to have westerners at the national “We want candidates to be ethical and qualified. level,” she said. “Take water. You have too much of it in We opened our system so that that when somebody applies Colorado right now,” she said, as the crowd laughed at her for a judicial position, we put their application on the reference to the September floods which battered Boulder Supreme Court web site,” McGregor said. and other parts of the state. Kourlis noted that Colorado, like Arizona, uses a “In the East, there is no problem of water non-partisan commission to screen qualified candidates shortage, no problem of distributing water. In the West, and recommend three nominees to the governor. After a there all kinds of agreements, lawsuits, pacts, etc. to judge is appointed, he or she then stands for a retention regulate water. In the past, we’ve had one or more election after at least two years in office. A fourth vital westerners on the court who played a critical role on such component of the Colorado system is its extensive efforts issues. It worries me a lot if we have a Supreme Court to assess and improve judicial performance. without any westerner on it with water law experience,” “Colorado is lucky. A lot of states still elect she said. judges in knock-down, drag-out elections. With huge Bob Ewegen is Journalist in Residence at the amounts of money raised and spent, there is at least a Colorado Judicial Institute and a member of the CJI board. He ended a 45-year career in journalism when he perception of affiliation or obligation when a judge takes retired after 36 years at The Denver Post in 2008 and is office. We’ve had anecdotes in other states where litigants now director of research and communications at the would ask attorneys whether lawyers on the other side had Ewegen Law Firm headed by his daughter, attorney Misty contributed to campaign of the judge sitting on the bench – Ewegen. and ask their own attorneys, ‘How much did you donate?’” said Kourlis.

2 National Effort to Educate Public on the Role of Judiciary Launched by National Association of Women Judges

By Joan Irion, California Court of Appeal Associate Justice and NAWJ Informed Voters Project Chair

cases based on the evidence presented and the law — not on political or special interest agendas or out of fear of unpopularity.  Help educate voters that their votes will decide whether their state elects or retains judges who reflect these qualities so that there will be justice for all, not a select few.  Apprise voters that they can fulfill their obligation to keep the courts fair and impartial by learning about a A prominent Midwest lawyer had just finished judge's qualifications and performance record to speaking to a community group about the threat to exercise an informed vote at the ballot box. American democracy from special interest attacks on The Informed Voters message will be judges based on specific decisions. The lawyer was then communicated nationally and in nine pilot project states: approached by a member of the audience who said, "I hear Kansas, Tennessee, Missouri, Alaska, Florida, Iowa, you, but I have got to tell you that I just don't understand Wisconsin, Washington, and California. The program will what you are saying. If the judges had just asked us how be launched at the state level through our Informed Voters we wanted them to rule, they'd still be on the court. After state coordinating committees, which are comprised of all, our state legislators ask us how they should vote. Why state justice and community organizations and business don't the judges do the same? I just don't understand." and bar association leaders. Is this an apocryphal tale? Sadly, no. Many Various tools will be used to convey the Informed citizens do not understand the basic role of the courts in Voters message, including radio and film public service the American tripartite system of government, or the fact announcements, websites and Web page content, public that the Founding Fathers created the courts to stand apart service electronic advertisements, and social media from politics in order to uphold the Constitution and the messages that will be released nationally early in the 2014 rule of law. This lack of public knowledge threatens fair state election season. Project members are also preparing and impartial courts, which are the cornerstone of speakers' presentations, newspaper and newsletter articles, American democracy. public service advertisements, and letters to newspaper To address this problem, the National Association editors, which will be adapted and used by the state of Women Judges has developed a nonpartisan civics coordinating committees to address voters in advance of education project called "Informed Voters. Fair Judges." their state's 2014 election. The project is designed to educate voters about an At the conclusion of the 2014 elections, the important and co-equal branch of government — the Informed Voters project committee will evaluate the judiciary — and to encourage citizens to protect that project and will conduct limited voter polling to determine branch against unwarranted attacks by special interest its effectiveness. With those results in hand, NAWJ will groups and improper political interference and pressures. make necessary project adjustments and deploy the The project will provide educational materials to Informed Voters project to all states using some form of voters about the role of judges and courts and: election to select or retain the state's judiciary.  Explain to voters how their state judicial selection and The National Association of Women Judges is election systems work. joined in this nonpartisan civics education effort by the  Inform voters that the qualities that make a good judge League of Women Voters, Justice at Stake, the Brennan are fairness, impartiality, and a willingness to decide Center for Justice, the Institute for the Advancement of the Continued under “Informed Voter” on Page 7

3 Our Courts Going Strong at Six Years

By Judge Gale Miller, Colorado Court of Appeals and Chair of the Our Courts Executive Committee

• An Economic Fresh Start – Bankruptcy Basics • Lincoln’s Legacy of Equality and Liberty • Introducción a los Tribunales de Inmigracción (a short program on U.S. Immigration Courts designed for recent Spanish-speaking immigrants) Our Courts volunteer judges and lawyers have presented these programs in English and Spanish to some 450 audiences across the state, with approximately 13,000 in attendance. We have received national recognition from the ABA and former Justice Sandra Day O’Connor for our success in educating the public about the judicial system, In 2007, Judges Russ Carparelli (Colorado Court and earlier this month, we made a presentation at the of Appeals) and Marcia Krieger (United States District National Hispanic Bar Association Convention on our Court for the District of Colorado) met to discuss recent outreach to Spanish-speaking and other Hispanic poll results showing that most Colorado voters lacked audiences. basic information about the role and functioning of the So where do we go from here? Our Courts is state and federal courts in Colorado. The conversation pursuing several new initiatives: quickly turned from lamenting this state of affairs to Outreach to young adults. Young adults tend not to be brainstorming ideas to address the problem. They joiners and have grown up getting their information on the developed a bold new concept – to bring together judges, Internet in bite-size chunks. To meet this demand, Our lawyers, and other citizens to provide nonpartisan Courts is developing short (60- to 90-second) videos, information to adults in Colorado about how our state and available on the Internet through our website and federal courts provide fair, impartial, and equal justice YouTube, providing answers to questions like: How do we under the rule of law. decide who should serve as a judge in Colorado? Four of They took their idea to Ellie Greenberg, then Vice these videos are up and running in English; Spanish Chair of the Colorado Judicial Institute. As a long-time translations will launch in the next 60 days, and additional educator and educational consultant, Dr. Greenberg shared videos are being developed. their excitement about the concept. Within weeks, the Our Courts programs at community colleges. As an three met with the leadership of CJI and the Colorado Bar additional approach to reaching younger adults, we are Association, and by year-end Our Courts was organized as offering a full curriculum of Our Courts programs to a nonprofit joint activity of the two organizations to community colleges. We are beginning with Front Range provide nonpartisan information to adult audiences Community College in the fall and spring semesters. throughout the state to further public knowledge and New programs. Programs addressing the role of juries understanding of the state and federal courts in Colorado. in our justice system and the rule of law are under Six years later, Our Courts has achieved great development, and Our Courts will launch a full-length success, but great new efforts are in the works. Let’s first program on U.S. Immigration Courts this fall. look at the track record. We have developed a curriculum Outreach to new audiences. Finally, we plan to of eight presentations: accelerate the marketing of our programs to increase the • Our State Courts reach of Our Courts to both general and specialty • Our United States Courts audiences. • See You in Court: the Life of a Civil Case We invite CJI members to recruit new audiences • Law and Order: the Life of a Criminal Case for Our Courts presentations. We can provide English and • Divorce in Colorado Courts Spanish language judges and lawyers to make Continued under “Our Courts” on Page 7 4 Judicial Excellence Dinner Honors Five Outstanding Colorado Jurists

By Amy Ostheimer, CJI Executive Director

The Colorado Judicial Institute will honor the  Distinguished Achievement Alumni Award, following jurists for their outstanding service on the bench University of Colorado Law School, 2006 and in the community at the 2013 Judicial Excellence for  Outstanding Judicial Officer of the Year, Colorado Colorado Dinner on October 15. Judicial Branch, 2000  Robert C. Heeney Memorial Award, National Chief Justice Michael L. Bender Association of Criminal Defense Lawyers, 1990 Colorado Supreme Court  Denver Bar Association Volunteer Lawyer of the Year On January 7, 2014, Michael L. (co-recipient), 1988 Bender, the Colorado Supreme  Faculty Award for Outstanding Student Work, Court’s 44th Chief Justice, will turn University of Colorado Law Review, 1967 72, requiring that he retire after 17 Bender is married to Helen H. Hand, president of years on the bench. Bender served the the Colorado Free University. The couple has five children last three years of his judicial career and five grandchildren. as chief justice after being chosen by his peers to lead Colorado’s highest court. Chief Judge Janice B. Davidson Among Bender’s many accomplishments, he Colorado Court of Appeals successfully managed the state’s 3,600 court and probation Chief Judge Janice B. Davidson employees during a budget crisis and opened the $258 recently retired after serving on the million Ralph L. Carr Colorado Judicial Center two Colorado Court of Appeals for 25 months earlier than anticipated. His enthusiasm to years. She was chief judge for ten of enhance the public’s experience with Colorado’s judicial those years. She was first appointed to system is evidenced by the branch’s initiative to create the bench as a Denver county court self-help centers in every judicial district, and a major judge in 1985. drive led by the Colorado Supreme Court and the Davidson graduated first in her class from Colorado Access to Justice Commission to find additional Skidmore College in 1966, and from the University of revenue to fund Colorado Legal Services. Pennsylvania School of Law in 1969. She was an appellate Bender earned his undergraduate degree from attorney for the New York Legal Aid Society from 1969 to Dartmouth College in 1964 and graduated from the 1971, before moving to Colorado to become a State Public University of Colorado Law School in 1967, the same year Defender in the Denver office until 1973. Davidson in which he also attended the Institute of Criminal Law continued down the path of public service by working nine and Procedure Program at Georgetown Law Center. Prior years with the Colorado Attorney General’s Office. to serving on the Colorado Supreme Court, Bender spent As an accomplished jurist, Davidson chaired the 30 years as a trial lawyer. He began his career as a public Colorado Supreme Court Standing Committee on defender, then prosecuted racial discrimination cases for Appellate Rules; served as a member of the Colorado the EEOC. In 1979, he opened up his own civil and Supreme Court Standing Committee on Rules of Civil criminal litigation practice, which he ran until being Procedure and the Colorado Standing Committee on Rules appointed a justice in 1997. After retiring from the bench, of Evidence; and was a contributing writer and managing Bender will return to private practice with a focus on editor of the Colorado Appellate Handbooks. In 2012, complex civil litigation and white collar crime. Davidson was the recipient of the Mary Lathrop Trailblazer In addition to receiving the Colorado Judicial Award, presented by the Colorado Women’s Bar Association. Institute’s Distinguished Judicial Leadership Award, Early next year, Davidson will be joining the Bender has received numerous awards, including: Institute for the Advancement of the American Legal System  Distinguished William Lee Knous Award, University (IAALS) as a senior advisor, working primarily on the of Colorado Law School, 2013 Honoring Families Initiative.

Continued under “Judicial Honorees” on Page 6 5 Continued from “Judicial Honorees” on Page 5

Chief Judge James F. Hartmann, Jr. appointed to the Adams County Court bench by Governor 19th Judicial District Ritter in July 2009. Kirby has a docket of criminal and civil Chief Judge James F. Hartmann, Jr. was cases, as well as the drug court he created in October 2010. born in Chicago and relocated to Kirby loves being a father to his two young Windsor, Colorado, at the age of 9. With daughters and believes it will undoubtedly be the most the goal of attending medical school, important thing he does in his life. Hartmann attended the University of Northern Colorado, where he studied Magistrate Emily E. Anderson biology and chemistry. In his junior year at UNC, a 17th Judicial District conversation initiated by a professor changed the direction of Magistrate Emily E. Anderson was born his career, replacing medical school with law school. and raised in Oklahoma City. Colorado Hartmann graduated from the University of Idaho’s was the family’s home away from home. College of Law in 1989. He then spent 13 years with the Anderson graduated with a fine arts Weld County District Attorney’s Office as a deputy district degree from Colorado College, Cum attorney. He was appointed as a district court judge by Laude, in 1986. During her senior year as Governor Owens in 2002. Chief Justice Mullarkey appointed an art major, her career took a turn from being an artist to Hartmann as the Water Judge for Division One Water Court helping artists with legal issues. She aspired to be an in April 2009, and as Chief Judge in July 2009. entertainment lawyer. Anderson graduated in 1989 from the Most precious to Hartmann are his wife and two University of Denver School of Law. She intended to move teenage sons, his extended family, and his many friends and to California, but two things happened that changed her mind. colleagues. When he’s not working, he enjoys spending time She met her life partner, already employed in Denver, and with his family, outdoor activities including hunting and she interned for a family law attorney. She discovered she fishing, and watching his sons participate in sports and wanted to help regular people, not stars. playing in the school orchestra. Before becoming a magistrate in the Seventeenth Judicial District in 2005, Anderson served as a magistrate in Judge Leroy D. Kirby the Second Judicial District. Her first attorney position was Adams County for a small civil litigation firm, followed by her own practice County Court Judge Leroy D. Kirby was for 11 years. Her trial practice focused on family law, born in Los Angeles, California, and representing the LGBT community and mediation. moved to Haswell, Colorado, with his Anderson is a member of CHBA, APABA, the parents at the age of 5. Haswell, a small CWBA, and the GLBT Bar Association. She worked farming community with a population of tirelessly to establish parental rights for LGBT parents and less than 100, was a town full of provided pro-bono/low-cost mediation services to the LGBT opportunities for a motivated young man. Kirby gained the community. skills of door-to-door sales, paperboy, and mastered many farm-related chores. Kirby’s legal career has been, and still is, intertwined with a career in the military. After graduating from Regis University in Denver with a Bachelor of Arts Degree in Political Science, he became a Naval Officer. Kirby graduated from Officer Candidate School and continued on active duty until 1992. Today, he serves in the Navy Reserves as a Commander. Kirby graduated in 1995 from the University of Denver School of Law. In 2006, he and his wife were married just weeks before Kirby left for Iraq. Kirby was a deputy public defender for the State of Colorado until his appointment as a magistrate in 2007. He was

6 DU Opens Resource Center for Separating and Divorcing Families

The Resource Center for Separating and families the support and tools they need during this time Divorcing Families opened at The University of Denver of transition.” in September. The first of its kind in the United States, The Honoring Families Initiative at IAALS and the Center offers an array of services for divorcing or the Institute for the Advancement of the American Legal separating families with children. Services are on a System at the University of Denver developed the model sliding fee scale and include mediation, education, for the Resource Center for Separating and Divorcing therapeutic services, assistance with financial planning, Families and provides unique interdisciplinary solutions and legal drafting. for reorganizing families. Teams of students from the The Center is in response to daunting divorce University of Denver’s Graduate School of Professional statistics. Between 40 and 50 percent of first-time Psychology, the Graduate School of Social Work, and the marriages in the United States end in divorce. Separating Sturm College of Law assess the needs of each family. As and divorcing families often find the legal system part of their internship, the students receive an intensive expensive and complicated, which puts stress on families. two-week training by nationally and locally recognized “Our goal is to help children and parents,” says experts and are closely supervised by experienced Melinda Taylor, executive director of the Resource professionals in counseling and family law. Center. “The research is clear. If children receive For more information contact the Center at 303- consistent emotional support and their parents model good 871-3700 or [email protected]. The Center’s website is conflict resolution behavior, then the children have fewer http://www.du.edu/rcsdf/index.html. behavioral and psychological issues. The Center can give

Continued from “Our Courts” on Page 4 presentations to industry and professional organizations, Finally, on behalf of the Executive Committee of for profit and nonprofit corporation employee groups, law Our Courts, I want to thank CJI and its board and members firm administrative staffs, service clubs, and church, for their wonderful financial and volunteer support. Our religious, veterans, and other community groups. We can Courts could not have achieved the success realized in our tailor the presentations to fit the organization’s time frame, first six years without the CJI support, and that continued from 20 minutes to two hours. support is vital to the continued expansion of All presentations are free with no solicitation of Our Courts’ outreach. funds. You can schedule directly online at www.ourcourtscolorado.org or e-mail us at [email protected].

Continued from “Informed Voter” on Page 3

American Legal System, the National Center for State For more information, contact Justice Joan Irion Courts, the American Constitution Society, the American at [email protected] or go to the NAWJ website at www.nawj.org. Judicature Society, the American Bar Association Standing Committee on Judicial Independence and the Our Courts America Project.

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The Eleventh Annual Judicial Excellence for Colorado Dinner

Presented by the Colorado Judicial Institute

Tuesday, October 15, 2013 Denver Marriott City Center 1701 California Street 6 p.m. Cocktail Reception 7 p.m. Dinner

The Colorado Judicial Institute is pleased to announce that Governor John Hickenlooper will join us to celebrate this year’s judicial honorees. 2013 Distinguished Judicial Leadership Awards

Chief Justice Michael L. Bender—Colorado Supreme Court

Chief Judge Janice B. Davidson—Colorado Court of Appeals

2013 Judicial Excellence Awards

District Court Chief Judge James F. Hartmann, Jr.—19th Judicial District

County Court Judge Leroy D. Kirby—Adams County, 17th Judicial District

Magistrate Emily E. Anderson—17th Judicial District

Seats Still Available Seats at the dinner are $150 per person or $110 per person for judges, judicial department employees and young professionals (practicing less than five years). To purchase your seats, contact Cynthia at 303-766-7501 or [email protected].

Thanks to Our Special Sponsors Wheeler Trigg O’Donnell LLP—Platinum Sponsor COPIC Companies—Diamond Sponsor DISH Network L.L.C.—Diamond Sponsor Merrill Corporation—for Printing Services Davis Graham & Stubbs LLP—For Graphic Design Services Holland & Hart LLP—For Video Production Services Cynthia Hessin and Rocky Mountain PBS—For Voice-Over Services Colorado Lawyer—For Promotional Services Law Week—For Media Sponsorship

Proceeds from this event will again benefit the CJI Judicial Education Fund and the programs of the Colorado Judicial Institute.

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