Faculty of Federal Advocates
P.O. Box 12025
Denver CO 80212-0025
Administrator:
Patricia Murphy
pmurphyffa@aol.com
Copyright © 2004-2008
Faculty of Federal Advocates
Faculty of Federal Advocates Newsletter
September 2004 Volume 7, Number 3 Table of Contents:
UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF COLORADO NOTICE OF PROPOSED AMENDMENT TO LOCAL
RULES OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT
OF COLORADO Comments on the proposed amendments are invited and should be submitted, in writing, to the Clerk of Court, 901 19th Street, Denver, Colorado 80294. All comments must be received no later than 5:00 p.m. September 30, 2004 ONCE IS NOT ENOUGH For those of you senior attorneys who have participated in the counsel/co-counsel program, the FFA thanks you. In one fell swoop, you have helped a pro se Plaintiff, mentored a new attorney and provided valuable assistance to the court. In other words, your good work is one reason that law is a profession and not a trade. The question becomes, how often should you perform such a service? On the one hand, it is patently unfair that there are many attorneys who do not do pro bono or community service work, leaving more work on the shoulders of those who do. On the other hand, there is still much work to be done. The list of attorneys who have taken two or more counsel/co-counsel cases is painfully short, and includes Jeff Mark Fischer, Faegre & Benson; Peggy Hoyt-Hoch, Richard LaFond, Lafond & Sweeney; David Lane, Kilmer & Lane; Ray Micklewright, Wolf & Slatkin; Brian Petroff, Stutheit & Gartland; and Jeff Wright. Until recently, my name was not on that list. Right now, the FFA has a significant backlog of counsel/co-counsel cases that need placement. Ironically, it is not a problem to find eager new attorneys willing to do the majority of the work. The problem is finding the experienced attorney to be a mentor. As an experienced attorney myself (I prefer not to use the term “senior attorney”), every day is a struggle to find the time to do all that needs to be done. From the beginning of my career, I pledged myself that I would always have one pro bono case in progress at all times. That is a pledge I have broken many times. I started to fudge, deciding that working on non-profit boards, such as the FFA, counted the same as having a pro bono case. However, when someone else is doing most of the work on a case, how can time be an excuse? Chief Judge Babcock recently indicated that one problem in placing cases is that attorneys think once they have taken one counsel/co-counsel case, they have fulfilled their community service obligation. I realized that his statement was true in my case, and possibly in the case of the many other attorneys who had done a counsel/co-counsel case. As a result, I accepted another counsel/co-counsel case. I challenge each of you experienced attorneys to take your first or second counsel/co-counsel case (not even I have the nerve to ask attorneys to take a third one (yet)). Making someone else do most of the work should be second nature by now! My second counsel/co-counsel case is a religious freedom case for a Muslim prisoner. Attorney Mark Baker, a new associate at Morrison & Foerster, does most of the work, is providing a tremendous service for a client, is getting terrific practical experience and is assisting the court. I am supporting the Constitution, learning about another religion, learning new law and preparing for trial. What could be better? Thank you from the Counsel/Co-Counsel Program 2004 Cases Placed 2003 Cases Placed Cases Placed Prior to 2003 If you are interested in handling a case, please contact FFA Administrator Patricia Murphy at 303-455-0927 or U.S. District Court Chief Deputy Clerk Steve Ehrlich at 303-844-3433. Brown Bag Lunch with Steve Ehrlich and Gayle Giguere on October 7th The Faculty is delighted to announce a repeat brown bag lunch
with October 7th, 2004 This session is a repeat of the September 9th session for those who were unable to attend. For more information or to make a reservation contact Patricia Murphy at pmurphyffa@aol.com, or call 303-455-0927. Getting Ready for Electronic Filing The United States District Court for the District of Colorado will shortly unveil a new electronic case filing system. The system uses standard computer hardware, an Internet connection and an Internet browser. It accepts documents in Portable Document Format (PDF), a standard file format for Internet documents. The system is easy to use. Filers prepare a document using conventional word processing software, then convert it to PDF. After logging onto the court’s website with a court-issued password, the filer fills out several screens with information that serves as the basis for the docket entry, attaches the document, and submits it to the court. The system then generates a notice verifying that the court received the document and automatically e-mails the notice to the filer. Other parties in the case also receive e-mail notifications of action in the case if registered in the system. To get ready for electronic case filing, the following considerations will assist you in obtaining the logins, equipment, training, and software that you might need to successfully access and electronically file documents with the District of Colorado. PC Hardware/Software, and Internet Access Scanner/Scanning Training The court plans to utilize four training approaches: classroom training; computer based training (CBTs); user manual; and train-the-trainer for firms with a technical training staff. The training will be open to all attorneys and their staff. You will need to decide who will be trained to use the CM/ECF application within your offices. Pacer Login ECF Login
(Electronic Case Files) Technical Support Planning for CM/ECF in the Office It is also critical that you analyze document management issues e.g., how you will manage the electronic files that you generate within your offices as well as the documents you receive via the Notice of Electronic Filing from the court’s ECF system. Some of the key questions to ask are: Will you print these electronic files and save to paper folders; will you save the electronic files onto network directories, and do you need document management software to keep these electronic files? The court has put together a guide that provides you with a checklist of these considerations for planning purposes. The guide is entitled Getting Ready for Electronic Filing using CM/ECF in the U.S. District Court, District of Colorado, and was developed with the guidance of the Faculty of Federal Advocates Electronic Filing Advisory Task Force. The members of this task force are Paula Greisen, Michael Hegarty, Douglas Jessop, Michael McLachlan, Todd Miller, Raymond Moore, Edward Nugent, Bruce Pringle, Regina Rodriguez, Barry Roseman, Paul Sanzo, and Lance Sears. The task force continues to meet with the court in an effort to provide input and suggestions regarding electronic case filing from an attorney’s perspective. The guide can be printed from the court’s website at the following address: http://www.cod.uscourts.gov/cmecf_frame.htm. NOTICE OF BOARD OF DIRECTORS OPENINGS Four positions on the Faculty of Federal Advocates Board of Directors will be open for election this fall. Each director will serve a three-year term. Beth McCann is the chair of the nominating committee. Anyone interested in serving, or in suggesting someone else, should write or email Beth. A brief (300 hundred words or less) description of the member’s qualifications should be included. All members are encouraged to apply. We are in our seventh year, and a committed and energetic board is necessary to continue our growth and success. Candidates must stand for election by the general membership. The results will be announced at our Annual Meeting on December 2, 2004. Write to: Beth McCann, PLEASE RESPOND BY OCTOBER 20TH, 2004 |