John W. Suthers Colorado s 37 th Attorney General
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2 John W. Suthers Colorado s 37 th Attorney General First Appointed Colorado Territorial Attorney General James Dalliba, 1861 Appointed by President Lincoln, but never confirmed. First Confirmed Colorado Territorial Attorney General Samuel Browne, Also United States Attorney One-attorney office First elected Colorado Attorney General Archibald Sampson,
3 Prior to 1973 Most state agencies represented by Assistant Solicitors covered by the state personnel system. Housed within the agencies they represented. Salaries paid by agency budgets. Serious differences in legal policy between agencies. State lacked consistent legal policy in courts.
4 In 1973 All Assistant Solicitors moved into Colorado Department of Law. All became Assistant Attorney Generals. Approximately 40 attorneys in Not part of the state personnel system. Effectively ended internal agency counsel. New funding mechanism: Oregon Plan Legislature appropriates legal services funding for agencies. Agencies purchase legal services from the AGO at hourly rates.
5 Attorney General John D. MacFarlane, : It s not my job to tell an agency what it wants to hear. They re used to telling their lawyer what they want. It s different when their lawyer tells them what they re doing is wrong. They get very uptight. Denver Post, July 20, 1973, p. 3.
6 Previous attorneys in AGO David Robbins Alex Davis Jennifer Gimbel Linda Bassi Ted Kowalksi Four of the seven Colorado Supreme Court Justices: Gregory Hobbs Ben Coates Allison Eid Monica Marquez
7 Today s Attorney General s Office Over 380 employees. Over 240 attorneys. Approximately 10,000 distinct legal issues per year as of 2007.
8 Attorneys Attorney General, John W. Suthers Solicitor General, Dan Domenico Chief Deputy Attorney General, Cynthia Coffman Deputy Attorney Generals (Section Heads) First Assistant Attorney Generals (Unit Heads) Senior Assistant Attorney Generals (Old Farts) Assistant Attorney Generals
9 AGO Sections Criminal Justice Consumer Protection Civil Litigation State Services Criminal Appeals Business & Licensing Natural Resources & Environment
10 Natural Resources & Environment Casey Shpall, Deputy Attorney General Federal and Interstate Water Unit Water Resources Unit Water Conservation Unit State Trust Lands Unit State Wildlife and Park Lands Unit Air, Land and Water Quality Unit Hazardous and Solid Waste Unit Natural Resource Damages, Land Cleanup and Restoration Unit
11 Federal and Interstate Water Unit Pete Ampe, First Assistant Attorney General Defend Colorado against claims by federal agencies and other states: Federal reserved rights Interstate compact issues Interstate decrees Interstate agreements
12 Interstate Compacts Rio Grand River Compact Draft well rules. Approval of Subdistrict No. 1 Colorado River Compact/Upper Basin Compact Colorado River Subunit Arkansas River Compact Irrigation efficiency rules. Republican River Compact Proposed compact compliance pipeline. Monitoring disputes between Kansas and Nebraska. Costilla Creek Compact
13 Other Federal-Interstate Issues Development of the Animas-La Plata Project. Reserved rights for Black Canyon of the Gunnison. Reserved rights for the Great Sand Dunes National Park and Preserve. Other smaller water cases with interstate or compact compliance implications.
14 Water Resources Unit John Cyran, First Assistant Attorney General Primarily represents Division of Water Resources General counsel, e.g., AGO-SEO meetings, legal questions, decree and statutory interpretations, SWSP stipulations, review legislation, etc. Statements of opposition. Protests to rulings of the referee. Abandonment list protests. Enforcement actions. Declaratory judgment actions. Rule promulgation. Counsel to DWR s administrative hearing officer and to State Engineer during adjudicatory hearings. Appeals primarily to the Colorado Supreme Court.
15 Water Conservation Unit Susan Schneider, First Assistant Attorney General Primarily represents agencies holding water rights: Colorado Water Conservation Board Colorado Division of Parks & Wildlife Colorado Department of Corrections State Land Board Department of Transportation Colorado Historical Society (Colorado Department of Public Health & Environment) Legal counsel for Ground Water Commission.
16 Water Conservation Unit (cont.) General counsel. New water right or augmentation plan applications. Statements of opposition. Protests to rulings of referee. Water or facility use agreements. Appeals.
17 Water Conservation Unit (cont.) For the CWCB: General counsel to staff and Board. Applications for new instream flow appropriations. Counsel regarding recreational in-channel diversion (RICD) water right proposals. Water right acquisitions and changes of water rights to instreamflow purposes. Rule promulgation. Statements of opposition. Protests to rulings of the referee. Declaratory judgment actions. Injury with mitigation agreements. Instream flow water right enforcement agreements.
18 Water Court Litigation Statements of opposition, protests, and complaints. Informal resolution/negotiation: Review or investigate facts, applications, engineering reports, previous decrees, letters from applicants, other counsel Attend client and settlement meetings. Draft comments on engineering and proposed decrees. Participate in dial-in status conferences with court. Monitor and comply with case management deadlines. Propose terms and conditions for proposed decrees and stipulations. Discovery. Initial mandatory disclosures. Expert disclosures. Requests for production of documents. Interrogatories. Depositions.
19 Water Court Litigation (cont.) Pre-trial Preparation: Motion practice. Questions of law. Summary judgment. Motions in limine. Motion, response, reply. Affidavits. Oral argument. Deposition review. Witness preparation. Draft witness examinations and cross-examinations. Prepare trial exhibits. Prepare trial management order. Trial briefs.
20 Water Court Litigation (cont.) Trial: Opening statements Applicant/plaintiff case-in-chief Direct testimony Cross-examination Re-direct Re-cross Documentary evidence Objections/oral advocacy Rule 41 motions to dismiss Opposer/defendant case-in-chief Applicant/plaintiff rebuttal case Closing argument Proposed judgments
21 Appeals Typically, to the Colorado Supreme Court Opening Brief Answer Brief Reply Brief Oral Argument(usually, if requested) Legal research and brief writing Moot court Coordination with Solicitor General
22 Main Perk Great, professional clients always trying to do the right thing for water users and the people of the State of Colorado.
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