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1 BOULDER COUNTY BAR NEWSLETTER O C T O B E R ASSISTING CLIENTS WITH STUDENT LOAN REPAYMENT ISSUES BY MEG QUIAT According to a recent article published by the White House at n/higher-education, about two-thirds of graduates take out loans with an average student debt of over $23,000. When a borrower fails to keep up with regular debt payments, the outstanding balance of that student debt can grow exponentially with interest and other charges until it becomes an untamable sum. The AMENDMENTS 60, 61 AND 101 See page 11 for information provided about these amendments 60, 61, & 101 Campaign. The campaign s website is on the Resources tab. The Colorado Bar Assn. voted on July 9, 2010 to oppose all three ballot initiatives. They also voted to contribute $75,000 to help the effort. TABLE OF CONTENTS STUDENT LOAN ISSUES 1 MEMBERSHIP BENEFITS 2 ANNUAL JUDGES DINNER 3 PRESIDENT S PAGE 5 CALENDAR OF EVENTS 6 LAWYER ANNOUNCEMENTS 7 PRO BONO PAGE 9 AMENDMENTS 60, CLASSIFIED ADS 11 default status of student loans can lead to ruined credit, government offsets against public benefits, such as Social Security, and tax refunds, wage garnishments and other collection tactics. There is no statute of limitations on the collection of federal student loans. As a volunteer attorney for Boulder County Legal Services, I assist clients who cannot repay their student loans as a result of physical or psychological disability and/or dependence on government benefits. In many cases I am able to obtain a complete discharge or cancellation of the debt. In other cases I can help a client apply for an income-based repayment plan with monthly payments of $0. And in some cases I can negotiate a reduction in interest rates, dismissal of collection fees and payments that the client can afford. Although reputedly hard to achieve, it is possible to obtain discharge of student loan debt through bankruptcy. (BCLS does not handle bankruptcies, but does refer clients to attorneys willing to file simple bankruptcy cases for a reduced fee. Student loan discharge cases generally can- not be referred because of their complexity). WHERE TO START? The first step is to ascertain the exact nature of the outstanding debt. Find out whether the loans are federal or private loans, who currently holds the loans, the origination dates, whether the borrower is currently in default, whether there is a co-signer and the outstanding balance of principal, interest and/or collection costs. Have the client access the National Student Loan Database System website, at and print copies of the client s current loan information. (The Department of Education (DOE) maintains that only borrowers may access their information on this site). Second, determine what remedies are available to your client. One of the best sources of general information regarding student loans issues and remedies is a website published by the National Consumer Law Center at borrowerassistance.org. Visit this website to learn about available remedies to cure defaults, obtain debt cancella- (continued on page 4)

2 In responding to our what-have-youdone-for-me-lately responsibility to the Boulder County Bar Association membership, we are pleased to report on efforts to make our lunchtime CLE programs more accessible to members who practice in Longmont, Louisville and Lafayette, travel from there into downtown Boulder may subsume the duration of two lunchtime meetings. The 3-L Project seeks to provide remote viewing of CLE programs through the hospitality of local firms in Longmont, Louisville and Lafayette. Initially we are encouraging locally based attorneys to meet at a firm (or any suitable conference room) to share lunch and view an electronically delivered Boulderbased CLE. Our goals are to facilitate interactions among lawyers who practice primarily in these cities and to assist them in fulfilling their CLE requirements. We hope that this program will increase participation of BOULDER COUNTY BAR ASSOCIATION ANNOUNCES REMOTE CLE PROGRAMS BY JUDSON HITE AND KEITH M. OLIVIA bar members. We expect to present future CLE programs in Longmont, Louisville and Lafayette. We have begun to identify firms and other entities in the greater Boulder County area who are willing to host regular meetings of the BCBA Sections (which include: Alternative Dispute Resolution, Bankruptcy, Business, Civil Litigation, Criminal, Elder Law, Employment, Family, Intellectual Property, Natural Resources/Environmental, Real Estate, Paralegals, Tax/Estate Planning and Probate). We have received a tremendous initial response and look forward to initiating the first remote CLE programs in October. The 3-L Project will employ a simple conference call audio connection between the host and remote conference sites. In the future we hope to offer streaming audio and video or other remote access to presentation materials through the Internet. We will also explore the possibility of recorded modules suitable for home study, although this involves significant approval protocols of the Supreme Court, and may cast us into an already crowded market of CLE service providers in Colorado. The BCBA appreciates any feedback that you have with respect to other ways to deliver CLE programs to our members. Host sites will be required to provide a conference room and suitable audio connection, deliver any presentation materials to participants at their locations, collect and transmit completed CLE affidavits to the BCBA office for submission to the Supreme Court and coordinate boxed lunches for participants if desired by persons at their sites. We anticipate firms having a contact person at each remote facility to coordinate with the BCBA staff who regularly perform (continued on page 11) 2 OCTOBER 2010

3 YOU ARE CORDIALLY INVITED TO ATTEND THE BOULDER COUNTY BAR ASSOCIATION ANNUAL JUDGES DINNER Former Magistrates TJ Cole and Fred Clifford will be honored at the dinner THURSDAY, NOVEMBER 4, 2010 HOTEL BOULDERADO MEZZANINE 2115 THIRTEENTH STREET, BOULDER COCKTAILS 5:30 PM BUFFET DINNER 6:30 PM $60 per person (young lawyers $50) PLEASE REPLY BY OCTOBER 29 Pay on-line at boulder-bar.org/calendar or send a check to BCBA, 1942 Broadway, Suite 205, Boulder, Colorado OCTOBER

4 STUDENT LOAN REPAYMENT (continued from page 1) tion, renegotiate the terms of a loan and related issues. Third, contact the current loan holder or collector to negotiate solutions for your client. For federal loans, start with the DOE Servicing Center at (800) For private loans, contact the specified lender. If you cannot make progress following the roads to resolution suggested below, contact the Department of Education s Ombudsman at (877) CANCELLATION Usually, the best case scenario for a student loan client is to obtain cancellation of the entire debt. This can be done in the case of: (1) school closings; (2) false certifications by the school of the borrower s eligibility to borrow; (3) the borrower s inability to engage in any substantial gainful activity due to a condition that can be expected to result in death OR has lasted for a continuous period of not less than 60 months OR can be expected to last for a continuous period of not less than 60 months; (4) the borrower s death; (5) certain ties to public service, military service, and other specific jobs if held for a specified number of years; (6) the school s failure to refund an amount owed to the student; and (7) certain student loans which may be discharged in bankruptcy by proving that repayment would impose an undue hardship on the borrower and his or her dependents. Please note that most of these cancellation rules apply only to federal loans and not to private loans and also the discharge of debt under most of these scenarios will result in a taxable benefit to the borrower. Although the tax amount will be smaller than the debt amount, this situation is particularly difficult for indigent clients who might end up in the same situation they were in before the debt cancellation, i.e. the federal government is offsetting against the client s public benefits and/or tax refunds this time to satisfy the unpaid taxes rather than the unpaid debt. FORBEARANCE AND DEFER- MENT/INCOME-BASED REPAY- MENT If you cannot build a case for cancellation of the student loan debt and your client is not in default, you may request forbearance or deferment of the debt until the client is either able to make the original monthly payments or until you can work out a more reasonable repayment plan. All borrowers under federal loans (if not in default) should be eligible for one of the government s income-based repayment plans. Under these plans, the Department of Education calculates new payments based on a formula using the borrower s income as a gauge. For borrowers who earn more than 150% of the federal poverty level, the loan payment will be capped at 15% of whatever he or she earns (continued on page 10) 4 OCTOBER 2010

5 PRESIDENT S PAGE JEAN MARIE-STAND UP! YOUR FATHER IS PASSING. BY RICH IRVIN This was the command given by the preacher to Scout when Atticus Finch left the courtroom. Atticus knew that the odds were against him, that it would take divine intervention to have a white jury acquit a black man charged with raping a white woman, even though there was little or no evidence. Courage is not a man with a gun in his hand. It s knowing you re licked before you begin, but you begin anyway and you see it through no matter what. You rarely win, but sometimes you do. said Atticus Finch. For this audience I don t have to review the movie. To Kill a Mockingbird represents everything good and true about practicing law. What continues the tradition of Atticus Finch is the involvement by lawyers around the country participating in Pro Bono work in the courts and community. We are blessed to have a long tradition of pro bono service in Boulder County. This October has been designated as National Pro Bono Week in the United States. In Boulder every week is Pro Bono Week. For my column I thought I would use a movie to illustrate or be a parable about a facet of the practice of law. I was stuck on a movie about pro bono work, but then when I was swimming laps, where I do most of my thinking, it came to me: Atticus Finch. A lawyer who exemplified what is glorious and transcendent about the law, a successful lawyer who was called on to take a pro bono case that threatened his standing in the community, a case that by its very nature incited passions and intolerance that could potentially destroy his practice and family. But by his professionalism, skill and utter sincerity, he enhanced his stature as the ultimate lawyer. He believed in the law and took on the case and did his best. Pro bono work is working with and for people who have problems that only the legal process can resolve. Our courts have their faults, as does any human institution, but in our country courts are the great levelers and in our courts all men are created equal, said Atticus Finch. It is the pro bono lawyer representing people in court, speaking up for them, advocating for them that makes people feel they are not irrelevant, that they have a place in society. A pro bono attorney does not just represent their client in court, he/she also advises and counsels clients about their rights and responsibilities. The lawyer advises their clients about various options other than litigation and the strength and weaknesses of their case. Regardless of the outcome. Pro bono clients have a voice on their side. Things we sometimes think are not very big, civil disputes, housing problems, domestic disputes, are huge to the people involved. If a lawyer isn t there to advise and advocate for them, people become marginalized, and society becomes fragile. Boulder is lucky to have so many of you willing to stand up, to volunteer your time and expertise to represent people who need legal assistance. Obviously representing people helps society, but it also invigorates and revitalizes those (continued on page 8) LEGAL RESEARCH THAT SPEAKS THE SAME LANGUAGE YOU DO: HUMAN. Introducing a new Westlaw. Legal research goes human. Discover more at WestlawNext.com 2010 Thomson Reuters L /2-10 OCTOBER

6 CALENDAR OF EVENTS Pre-registration is required for all BCBA CLE programs. Register by ing or pay online with a credit card at You will be charged for your lunch if you make a reservation and do not cancel prior to the CLE meeting. BCBA CLE s cost for members is $20 per credit hour, $10 for New/Young lawyers practicing three years or less. Sunday, October 3 Paralegal Section 2010 Komen Race for the Cure Our paralegals and friends are teaming up with the Rocky Mountain Paralegal Association for Paralegals in Pink alsinpink Tuesdays, October 5 November 23 Legal Spanish I and Legal Spanish II Instructor: Sean Stromberg 20th JD Court Interpreter 5:30-7PM at Broadway, 3rd floor conference room - details on page 7 Thursday, October 7 Natural Resources/Environmental Law An overview of Regulation of Water Produced from Oil and Gas Operations Presenter: John Cyran, Assistant CO Attorney General Noon at Hutchinson Black and Cook 1 CLE $20, $10 for new/young lawyers Lunch $10 Friday, October 8 Availability of Legal Services Noon brownbag lunch at Boulder County Legal Services office in Louisville Wednesday, October 13 Solo/Small Firm Happy Hour 5:00 at The Rib House 13th and Walnut in Boulder Thursday, October 14 Intellectual Property with Business Law Supply Side IP Due Diligence - Preparing for IP Asset Transfer Presenters: Django Andrews & Stephen Barone Noon at Hogan Lovells 1 CLE $20, $10 new/young lawyers Lunch $10 Thusday, October 14 Longmont Lawyer Happy Hour 5 PM Law offices of Grant Grant & Goiran LLP 275 S. Main St. Suite 201 Tuesday, October 19 Paralegal Section Dedicated to your Success Presenter: Mianne L. Besser, Senior Paralegal,Rocky Mountain Paralegal Association, Past-President, NFPA Noon at Shoemaker, Ghiselli & Schwartz, 1811 Pearl Street 1 CLE $20, $10 for new/young lawyers Lunch $10 Wednesday, October 20 Real Estate Law A Hot Topic: The Regulatory Framework of Rebuilding After the Fourmile Fire Presenters: Assistant County Attorney Barbara Bebo Andrews and Boulder County Land Use Director Dale Case Noon at the Boulder Cork 1 ClE $20, $10 new/young lawyers Lunch at the Cork $15 LOOKING FOR ETHICS BEFORE THE END OF THE YEAR? MARK YOU CALENDARS FOR THE ANNUAL ETHICS UPDATE FOR WEDNESDAY, DECEMBER 1 AT THE CU LAW SCHOOL Wednesday, October 20 Family, Bankruptcy Lawyers, Judges Divorce & Bankruptcy: The Happiness Package. A Caselaw Update and Q&A Presenter: Bart Balis Brown Bag Lunch at Noon Boulder Justice Center Jury Assembly Room 1 CLE $20, $10 new/young lawyers Thursday, October 21 Bankruptcy Roundtable Luncheon Noon at Agave, 28th and Valmont Tuesday, October 26 Employment Law Shop Rights Presenter: Dan Cleveland Noon at Caplan and Earnest 1 CLE $20, $10 for new/young lawyers Lunch $10 Wednesday, October 27 Taxation, Estate Planning and Probate Probate Estate & Trust Statutory and Case Law Update Whitney Blair & Melissa Sullivan Noon at Hutchinson Black and Cook 1 CLE $20, $10 new/young lawyers Lunch $10 Wednesday, October 27 Alternative Dispute Resolution Negotiation Clinic: A Refresher on Negotiation Problems & Skills Presenter: Scott R. Peppet Noon brownbag- Boulder Justice Center Jury Assembly Room 1 CLE $20, $10 new/young lawyer Thank you to all the BCBA volunteers who graciously stepped up to help the Fourmile Canyon fire evacuees at the September 17 public forum: Sonny Flowers, Nathan Watkins, Sally Berg, Tom Roberts, Jim Cederberg, Jim Hult, Rich Irvin, Jud Hite, Cindy Taylor, Judy LaBuda, Todd Larson, Jerry Sloat, John Tweedy, Dolores Sargent, Mel Heidman, Kim Tomey, George Berg, Judy Snyder, Ellie Landau, Debbie Taussig, Karen Burns, Bruce Fest, Richard Kaudy, Scott deluise, Ben Doyle, Megan Hungate, Jordon Dorrestein, and Stephanie Brennen. More than 60 people who attended the forum to get information about insurance claims, landlord tenant, construction and real estate issues. 6

7 LAWYER ANNOUNCEMENTS IN MEMORY OF DAVID J. MENZIES, DENVER CRIMINAL DEFENSE ATTORNEY David J. Menzies, a well-known Denver criminal defense attorney and longtime resident of Denver, died at Rose Hospital in Denver, Colorado, on August 21 at the age of 70 of a sudden heart attack. Mr. Menzies was born on February 9, 1940, in Topeka, Kansas. He received a Bachelor of Arts degree from the University of Notre Dame and earned his law degree from the University of Kansas Law School. He subsequently commenced his legal career at the Colorado Bureau of Investigation, was a prosecutor at the Arapahoe District Attorney's Office, and later practiced for many years as a major felony and misdemeanor defense attorney. For personal tributes please visit Congratulations to Carrie Frank of Klein & Frank PC who has been elected president-elect of the Colorado Trial Lawyers Association and Deborah Taussig of Deborah Taussig, LLC who has been elected to the Board of Directors of the Colorado Trial Lawyers Association LEGAL SPANISH COURSES ESPAÑOL LEGAL Spanish courses for attorneys and legal professionals. These courses have been developed for all legal professionals working in the judicial system.the focus of these courses is the development of language skills and cross cultural communication abilities. LEGAL SPANISH I This is a beginners Spanish course for students with limited or no previous Spanish language training. LEGAL SPANISH II is an intermediate Spanish course. Legal Spanish I and Legal Spanish II are eight week courses that will be on Tuesday evenings 5:30 PM - 7 PM Course begins Tuesday, October 5, 2010 at 5:30 PM at the 3rd floor conference room at 1942 Broadway, Classes will be held on the following dates: October, 5, 12, 19, 26, November 2, 9, 16, 23 (final class). The instructor, Sean Stromberg, has been a Staff Interpreter for the 20th Judicial District for the past 17 years. Total cost of course: $ Textbook and materials are included in price. Materials include English/Spanish Legal Dictionary and a comprehensive textbook. CLE Credits are available through the BCBA Questions: Sean Stromberg_interpreters 7

8 PRESIDENT S PAGE (continued from page 5) who volunteer. I ve always been surprised that when we volunteer we get more out of it then we put in. People like Erika Martinez at Boulder County Legal Services and Paul Bierbaum at BCAP can assist us in giving back to the community and ourselves by matching us with people who need representation. With the John Marshall Award, named after the lawyer who embodied pro bono service in Boulder, the bar recognizes lawyers who have given hours of pro bono legal service the community. The pro bono program in Boulder assists the bar, the courts and community. But, the pro bono program doesn t function unless we all step up, maybe for only one case. That one case can can make a real difference. It can also provide you with the satisfaction that you have made a difference, however small. In the spirit of probono service to the community the Boulder Bar responded to the emergency caused by the Fourmile Fire. The bar looked to lawyers to help other lawyers whose practices were disrupted by the fire. We received an avalanche of offers to help. There were offers to provide office space to displaced lawyers to cover cases, but most importantly, to do what needed to be done. This is pro bono at its most intimate, people helping each other. In a sense that is what pro bono law is, helping people whose lives are in danger of being destroyed, as if by fire. The bar stepped up and took action. The bar presented a public forum to give information to help those in the community to navigate their way through the maze of insurance recovery. Sonny Flowers, Sally Berg and many others donated their time and expertise. Often that is what lawyers do best, to be a guide through a world of confusion. Pro bono legal services is an opportunity to practice law in a way that Atticus Finch epitomizes. It levels the playing field and allows judges to decide cases on the law, not because one side has representation and the other does not. The rest of the country has Pro Bono Week every year. In Boulder we have it every week of the year. Simply by the nature of the work, every lawyer sees at least some case in their office that affects them personally. We can t all be Atticus Finch, but we are his heirs when we pick up the phone and accept a pro bono case. It is both an opportunity and a blessing. I asked Erika Martinez, Volunteer Coordinator for BCLS, about the meaning of pro bono in Boulder County. As you can tell the bar is involved. We need to keep up the momentum Pro bono Service has been an honored tradition in Boulder County for over 35 years. Pro bono attorneys serve clients of Boulder County Legal Services (BCLS) with civil legal matters ranging from family law, housing, consumer issues, wills and powers of attorney, mediations, and other poverty law issues. Each year, over half of all cases are served by pro bono attorneys. For the past two years, that amounts to over 400 clients per year. The service may be in the form of a referral for advice, brief service, or representation in a legal matter. During 2009 attorneys volunteered over 5,000 pro bono hours representing an in-kind value of $1,260,000. by the end of August, in 2010, the pro bono hour tally already exceeds 4,000 hours and $1 million of in-kind services. Over the past two years, pro bono attorneys worked on at least two dozen BCLS cases tough cases- that demanded more than one hundred hours each. Such cases meet the aspirational goal of 50 hours of pro bono service set forth by the American Bar Association. Sometimes just one hour of time with an attorney can make a world of difference for a client in need of expert counsel in a critical situation. 8 OCTOBER 2010

9 Pro Bono Referrals Nineteen cases were referred during August. Thank you to the following attorneys: Jack Alexson Jennifer Bales Paul Bierbaum Christina Ebner Graham Fuller Ruth Irvin Christopher Jeffers Jim Lionberger Elizabeth Meyer Ellen Ross Bradley Stephenson Cyril Videgar PRO BONO PAGE BCAP Volunteers Thank you to the following attorneys who accepted pro bono referrals for the Boulder County AIDS Project in August: Paul Bierbaum Kurt Hofgard Pro Bono Corner Interested in a pro bono case? Please call Erika at CLE credits available for pro bono service. Boulder County Bar Association Professionalism Committee On-Call Schedule October 4 Bev Nelson October 11 Anton Dworak October 18 Christie Coates October 25 Steve Meyrich Norm Aaronson - CULADP Pro Se Program Volunteers Jeff Ballas Sheila Carrigan M.L. Edwards Lauren Ivison Chris Jeffers Tucker Katz Todd Stahly Leonard Tanis As the second annual celebration of National Pro Bono Week nears, BCLS extends a heartfelt thank you to our faithful panel of attorney volunteers and collaborators. In his letter from the White House at the kickoff of the first celebration last year, President Barack Obama noted: Pro bono lawyers work tirelessly to break down barriers to opportunity and justice, volunteering countless hours to provide critical legal services to our most vulnerable citizens. Those of you who volunteer realize what a tremendous difference you make in the lives of the clients you serve, and consequently in your community. As the numbers of clients BCLS serves grows each year during these difficult economic times, we depend all the more on your support to help the poor and vulnerable in our community. Thank you for your outstanding support! If you have questions about pro bono opportunities with BCLS, please contact Erika Martinez, BCLS Pro Bono Coordinator, OCTOBER

10 above that amount. For borrowers who earn less than 150% of the federal poverty level for their family size, the payment could be $0. Most income-based plans now allow cancellation of remaining debt (if any) after 25 years. Modification of payment plans for private loans are at the lender s discretion. CONSOLIDATION AND REHABILITA- TION AFTER DEFAULT If the borrower is in default, the borrower may be able to consolidate all outstanding loans and set up an income-contingent repayment plan as described above. In some cases, the client s payment may be $0 for 25 years, after which time the loan will be cancelled. This keeps the loan out of default and the client safe from federal offsets. There will be a taxable benefit to the client at the time of cancellation. If the client cannot consolidate the loans, the client may wish to rehabilitate the loans out of default by making 9 reasonable payments, and then sign up for an income-based repayment plan. The Department of Education requires a complete financial disclosure prior to agreeing to either an income based payment or reasonable 10 STUDENT LOAN REPAYMENT (continued from page 4) rehabilitation payment. CONCLUSION Each student loan case is unique. Many more remedies are available to the borrower of federal student loans than private loans, but the federal government has many more collection tools available to it. For indigent clients, there is often a way to cancel the loans or at least make the payment terms more reasonable based on their financial circumstances. Additionally, if there is no remedy available, the client is often judgment proof against private lenders. For clients who are employed or have more resources, the same remedies are available and may make a client s repayment situation easier to handle. In any event, it is worth investigating the potential remedies on a case-by-case basis for student loan clients. Attorney Meg Golodner Quiat currently volunteers with Boulder County Legal Services in the practice areas of public benefits and student loans. She is a member of the Colorado Bar Association and is a trained mediator. LAWRENCE C. RIDER MEDIATION/ARBITRATION SERVICES OVER 40 YEARS OF HELPING PEOPLE RESOLVE DISPUTES CREATIVE SOLUTIONS FOR LANDLORDS/TENANTS, BUSINESSES AND FAMILIES, FROM CHILDREN TO SENIORS. PHONE: CLASSIFIED ADS BOULDER FAMILY LAW BUSINESS FOR SALE Boulder Family Law Business for Sale. Owner retiring after 20 plus years of practicing exclusively family law in Boulder. Included: excellent referral/goodwill sources, office lease, furniture and equipment. Inclusion of excellent paralegal also negotiable. Immediate referrals. Must sell by December 1, Interested parties please contact Michele at: MOBILE NOTARY AND CONTRACT PARALEGAL SERVICES. Civil Litigation. ADC/CJA. Real estate transaction. Roz Lynn Dorf, M.A BILLING: Experienced and affordable free-lance legal billing available for small firms/sole practitioners. Heather at www. frontrangebilling.com ONE OFFICE AVAILABLE IN FRESHLY REMODELED OFFICE BUILDING NEAR THE PEARL STREET MALL. Reception, parking space for each office, shared conference and available copier. Call CONTRACT ATTORNEY. LEGAL RESEARCH AND WRITING. 18 years experience researching and writing appellate briefs in over 100 appeals in civil and criminal cases. Very reasonable. Please call: or Two offices available in south Boulder. Additional separate staff office can also be available. Large reception area, use of conference room, and free parking are included. Call Graham at S. BOULDER OFFICE W/SUITE OF FIVE SOLO PRACTITIONERS. Located at South Boulder Road and the Turnpike. Convenient access to Boulder, Denver, Longmont, Louisville and east county. Free parking, two conference rooms, various amenities. Two offices plus secretarial station available, or combination. Call Steve Cook or staff (303) OFFICE SPACE AVAILABLE AT 1823 FOLSOM ST. IN BOULDER. Four-office suite on second floor of Folsom Professional Building. Balcony and windows facing mountains. Building wired for Comcast and supports 50mbps downloads. Great location and plenty of free parking. Call PROFESSIONAL OFFICE IN GREAT DOWNTOWN BOULDER LOCATION FOR RENT: ONLY $450 PER MONTH includes all utilities, use of conference room, reception area and kitchen. Call ext. 7 for more details. SHARE SPACE AND OVERHEAD WITH SOLO PRACTI- TIONER IN GREAT LOCATION: Located at 17th and Main in the First Bank Financial Tower in Longmont. Fully furnished corner office. Internet and telephone provided. Use of conference room. Possible secretarial station. Tons of free parking. Ted or Alexis at (303) OFFICE SPACE AVAILABLE 600 square feet includes 2 parking spaces located 3 blocks from Pearl Street Mall. Space is on street level and has 3 adjoining rooms each with a window. 1 year lease & available now. Call Sue at OFFICE IN HISTORIC BUILDING ON 11TH AND PEARL STREET MALL. Beautiful office for only $950 with many great amenities. Call James at for details. Available now! OCTOBER 2010

11 Amendment 60 Schools would lose more than a billion dollars in funding each year. The school districts would be required to cut property taxes by 50 percent. Think of it school tax revenue cut in half! This would be on top of cuts that have already occurred. Inevitably, there will be more closings and even fewer teachers. The language in the amendment claims that the state would have to make up the difference, but where would the money come from? The state is already strapped for cash and has cut billions from the budget. Would overturn hundreds of local elections commonly called de-brucings that have occurred since Local voters throughout Colorado have chosen to give greater flexibility to their school districts, library districts, fire departments, police departments and other services to meet local needs. If Amendment 60 passes, local control would be usurped by the state, resulting in financial chaos for local communities and especially for our schools. Bottom line - The lure of lower property taxes is a hollow promise, further crippling our schools and other vital local services. Amendment 61 would collapse Colorado s economy, robbing us of any chance of economic recovery. It eliminates Colorado s ability to build or expand its schools, roads, hospitals, college buildings, light rail, water and sewer systems, prisons in fact any of its capital infrastructure. The amendment would severely limit even prohibit what it calls government borrowing. This proposal has nothing to do with problems at the national level like borrowing and deficit spending. Proponents are trying to mislead voters by using words like government borrowing when, in reality, they are trying to do away with state and local bonding. Local districts would have to repay bonds within ten years, instead of a reasonable time frame such as 20 years. Eliminating longer-term bonds for large projects could raise repayment costs to exorbitant levels. The state would be prohibited from using financial instruments like revenue anticipation notes and certificates of participation. The state has used these tools for decades to even out cash flow throughout the year. Not being able to use these tools will impede the state s ability to provide services even meet payroll during times of the year when revenue is low. The amendment also would require that after bonds have been repaid, any taxes used for repayment must be lowered even if those taxes AMENDMENTS 60, 61, 101 weren t raised in the first place. For instance, when the bonds that financed T-REX and other transportation projects have been repaid, the state gas tax would have to be cut by $168 million a year at a time when our road needs are greater than ever. Instead of attracting investment, Colorado will be an investment-flight state. Once companies bypass Colorado with jobs and capital investment, we risk losing existing companies to other states, and our ability to recover from this recession will be lost to other states. Bottom line Amendment 61 is a crazy experiment that would eliminate any practical means for state and local governments to make capital improvements. Proposition 101 Eliminates a major funding source for road and bridge construction across the state. The annual vehicle registration fee would be cut to an arbitrary $10 no longer based on vehicle size or weight. The registration fee hasn t been that low since 1919 when the state had only a handful of paved roads. Road budgets would be cut by hundreds of millions of dollars, meaning more potholes and crumbling bridges. Not only would state highway projects be cut, but local projects would be as well, since cities and counties receive a major portion of their road funding from this fee. The Colorado Department of Transportation (CDOT) estimates that Proposition 101 would eliminate a quarter of its annual revenue about $277 million! The Specific Ownership Tax on cars would be reduced to $2 on new cars and $1 on used cars. This revenue actually helps fund school districts and other local government priorities. Local revenue would be cut by some $500 million annually. The state income tax also would be reduced incrementally to 3.5 percent. This would eliminate a quarter of the state s revenue from income tax when the state budget already has been severely Over Twelve Years of Experience with Mediation Arbitration Settlement Conference Services Also accepting referrals for personal injury civil and criminal litigation. Past President of Colorado Trial Lawyers and Boulder County Bar Association; Colorado Super Lawyer Jim Christoph, JD impacted by the recession. Such a drastic reduction would mean even more cuts in critical state services. Bottom line - Proposition 101 would severely impact everything from roads to schools, with no regard for the actual cost of providing these vital services. CLE PROGRAM IN LONGMONT, LOUISVILLE AND LAFAYETTE (continued from page 2) these functions in Boulder. If you or your firm is interested in hosting a remote location for the 3-L Project, want information about which firms intend to host future programs or have ideas on how the BCBA can effectively implement the 3-L Project to better serve our members, please contact Christine Hylbert, executive director, at or In the meantime please look for future announcements of when and where these off-site CLEs will be held in our monthly newsletter and our frequent E-Briefs. The BCBA Board of Directors is excited about this opportunity to increase participation and membership expand benefits. We hope that the membership shares our excitement about the 3-L Project. OCTOBER

12 Boulder County Bar Association 1942 Broadway, Suite 205 Boulder, Colorado THE BOULDER COUNTY BAR ASSOCIATION NEWSLET- TER IS PUBLISHED MONTHLY BY THE BOULDER COUNTY BAR ASSOCIATION. ARTICLES BY GUEST LAWYERS MAY NOT BE REPRODUCED WITHOUT PERMISSION FROM THE AUTHORS. Phone: Broadway, Suite 205 Boulder, CO Return Service Requested Executive Director and Newsletter Editor... Christine Hylbert Executive Assistant...Lynne Barnett Editorial Assistance...Barry Satlow

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