Otero County Bar Association, Otero County. Lawyers eligible to membership in this association must reside in the following territory: Otero County. Estimated number of lawyers now residing in above described territory: 18. Present membership of this association: 18. Number of meetings held during past 12 months: 2. WM. B. GOBIN, Rocky Ford, President, JOE E. GOBIN, Rocky Ford, Secretary. Member of Colorado Bar Association: No. Denver Bar Association, Denver. Lawyers eligible to membership in this association must reside in the following territory: Denver. Estimated number of lawyers now residing in above described territory: 900 (about 700 actually practicing). Present membership of this association: 559. Number of meetings held during past 12 months: 13. STANLEY T. WALLBANK, Equitable Bldg., Denver, President, JACOB V. SCHAETZEL, 718 Symes Bldg., Denver, Secretary. Member of Colorado Bar Association: * Mesa County Bar Association, Grand Junction. Yes. Lawyers eligible to membership in this association must reside in the following territory: Mesa County. Estimated number of lawyers now residing in above described territory: 20. Present membership of this association: 20. Number of meetings held during past 12 months: 6. SCOTT W. HECKMAN, Grand Junction, President, Member of Colorado Bar Association: No. Pueblo County Bar Association, Pueblo. Lawyers eligible to membership in this association must reside in the following territory: Pueblo County. Estimated number of lawyers now residing in above described territory: 54. Present membership of this association: 54. Number of meetings held during the past 12 months: 6. J. W. PRESTON, Pueblo, President, LEO P. KELLY, Pueblo, Secretary. Member of Colorado Bar Association: Yes. The Thirteenth Judicial District Bar Association. (Meetings held alternately at Ft. Morgan and Sterling.) Lawyers eligible to membership in this association must reside in the following territory: and Yuma Counties. Logan, Sedgwick, Phillips, Morgan, Washington Estimated number of lawyers now residing in above described territory: 55. Present membership of this association: 45. Number of meetings held during past 12 months: One regular annual meeting is held each year, alternately at Ft. Morgan and Sterling, Colo. JOHN G. ABBOTT, Yuma, President, HERBERT E. KEATING, Sterling, Secretary. Member of Colorado Bar Association: No. Weld County Bar Association, Greeley. Lawyers eligible to membership in this association must reside in the following territory: Weld County. Estimated number of lawyers now residing in above described territory: 35. Present membership of this association: 35. Number of meetings held during past 12 months: 2. HERBERT M. BAKER, Greeley, President, ROY M. BRIGGS, Greeley, Secretary. Member of Colorado Bar Association: Yes. REPORT OF COMMITTEE ON JUDICIAL PROCEDURE MAJORITY REPORT To The Colorado Bar Association: Your Committee on Judicial Procedure submits the following report: 1. The by-laws require this committee to report "all changes in the rules of practice and procedure during the year." November 3d, 1923, the Supreme Court adopted a new set of rules, effective January 1, 1924. The following changes were made in the rules of practice and procedure: (1) Rule 10, concerning bills of exceptions, is new. It provides: A bill of exceptions may be tendered to the judge or clerk; if to the clerk he shall note thereon the tender and without delay lay it before the judge. The judge shall then and there fix a time, to follow notice of the tender, within which the opponent may file written objection to the bill, and if none is filed within that time he shall settle and sign it. If such objection is filed the exceptor shall be immediately notified and the objection shall be heard and the bill settled and signed with all convenient speed. (2) Rule 48, concerning re-hearings, has been amended so as to read as follows: Application for rehearing shall be by petition, signed by counsel, briefly stating the points supposed to have been overlooked or misapprehended by the court, with proper reference to the particular portion of the abstract and brief and with any authorities relied upon. Such petition shall be filed within fifteen days after the filing of the opinion, and shall, except when the decision was on application for supersedeas, be printed in conformity to the rules as to printed briefs. answer thereto will be permitted and no action thereon will be taken by the court save to grant or deny the rehearing. In no case will argument be permitted in support of such petition. This rule will be strictly enforced, and any petition in violation thereof will be stricken from the files. No (3) The last paragraph of rule 57 has been amended. It now reads: Writs of prohibition will not hereafter be granted except in matters publici juris or matters of great gravity and importance. The mere fact that a court has erroneously granted or denied change of venue or is otherwise proceeding without or in excess of jurisdiction will not be regarded as sufficient. 2. The by-laws also provide that this committee “shall stand ready at all times to advise and assist the Supreme Court at its request." Prior to the adoption of the new rules Justices Denison and Burke of the Supreme Court invited the chairman of this committee to attend a conference of judges and lawyers called to discuss certain proposed changes in the rules. The chairman accepted the invitation and participated in the discussion. 3. The by-laws further direct this committee to "make such recommendations to the Supreme Court in regard to changes in the rules of practice and procedure as the committee may think necessary." Giving this provision a liberal construction, the committee, at a meeting held February 16, 1924, unanimously adopted the following resolution: Resolved, That we recommend to the Supreme Court the appointment of a standing Rules Committee, consisting of two District Court Judges, one County Court Judge, and four practicing lawyers, whose duty it shall be to consider and recommend to the Supreme Court from time to time such rules of civil and criminal practice and procedure, and such amendments thereof, as the committee may deem proper. This resolution was promptly called to the attention of the Chief Justice by the chairman, who requested an appointment to call upon the Chief Justice and explain fully the reasons that prompted the adoption of the resolution. It seemed to us advisable to have such a committee. It would have a semi-official standing; would be more or less permanent; its members would naturally make a special study of practice and procedure, here and elsewhere, and could carefully consider the merits of the various suggestions made from time to time by the committees of the state and local bar associations and the members of the bar generally. Such a committee, so constituted, would be useful in weeding out such suggestions as may be ill-considered or ill-advised and in recommending to the Supreme Court for adoption only those that stand the test of careful scrutiny, and that promise to bring about a genuine improvement in the administration of justice. 4. Some of the considerations that caused the committee to adopt the resolution concerning a Supreme Court committee on rules prompted the adoption on March 22, 1924, of the following resolution relating to the constitution of the bar association committee on judicial procedure: Resolved, that the Committee on Judicial Procedure recommends the amendment of Sec. 35 of the by-laws so as to read as follows: The Committee on Judicial Procedure shall consist of seven members, consisting of two district court judges, one county court judge and four practicing lawyers. The president elected in 1924 shall appoint seven members of the committee as follows: One district court judge and one practicing lawyer whose term shall expire upon the election of president in 1925; one practicing lawyer whose term shall expire upon the election of the president in 1926; two practicing lawyers whose term shall expire upon the election of president in 1927; and one district court judge and one county court judge whose term shall expire upon the election of president in 1928. In 1925 and in each succeeding year the president shall appoint for a term of four years the number of members required to keep the membership at seven. If any judicial member shall during his term cease to be a judge his membership on the committee shall thereupon become vacant, and the president shall appoint some qualified person a member for the unexpired term, to fill the vacancy so created. The committee shall make such recommendations to the Supreme Court in regard to changes in the rules of practice and procedure as the committee may think necessary. The committee shall also stand ready at all times to advise and assist the Supreme Court at its request. The committee shall make an annual report to this association of its activities, and of all changes in the rules of practice and procedure during the year. Resolved, further, that the chairman of this committee deliver to the secretary of the association a copy hereof and give notice of intention to offer the same, so that the proposed amendment may be included in the call for the annual meeting to be held this year. It is perhaps unnecessary to say that this committee would have no official connection with the proposed Supreme Court com |