University of Texas at Austin
Levy’s bill would curb judges
Legislation spurred by south Boulder land acquisition case
By Heath Urie
Thursday, January 24, 2008
[pic]
Claire Levy
Ongoing Coverage
Stay up-to-date in our Ongoing Coverage Section for the Adverse Possession Case
VIDEO: Nov. 18 protest picnic in support of the Kirlins. WATCH »
VIDEO: Take a look at Don and Susie Kirlin's land and hear them speak about the case. WATCH »
MAP: Satellite image Google map of Hardscrabble Drive.
AUDIO: Listen to NPR's report on the case.
AUDIO: Local singer Don Wrege composed several songs about the land dispute.
• 1. Stealing Land From Our Neighbor
• 2. This Land Belongs to Don & Susie
• 3. Edie & Dick (The Grinch Theme)
[pic]
Email Updates
Get e-mail updates as the story updates. Email automatically checks every 4 hours for new articles.
[pic]
Documents:
PDF: Read the court order.
PDF: Read the letter to Susie Kirlin from the Colorado Supreme Court’s Attorney Regulation Counsel rejecting her legal ethics claim
PDF: Read a letter sent from Richard McLean and Edith Stevens to their friends and supporters, in which they explain their actions.
PDF: Read a column by Boulder County Bar Association president Sonny Flowers that defends Boulder District Court Judge James C. Klein.
PDF: Read the police report about the suspicious package
more documents ...
STORY TOOLS
• E-mail story
• Comments
• iPod friendly
• Printer friendly
[pic]More Boulder & County News
• South Boulder Recreation Center floors possibly ruined
• War of words heats up in south Boulder 'land grab' case
• Garbage truck sparks grass fire near IBM campus
[pic]Share and Enjoy [?]
[pic]ShareThis
Share your video, photos and news tips.
A Boulder legislator this week introduced a bill that would bar Colorado judges from presiding over cases involving other current or former judges within the same jurisdiction.
Rep. Claire Levy, a Democrat, said she authored the House bill in reaction to a high-profile south Boulder property dispute involving a former district judge. It's the second bill introduced in connection with the land conflict this month to bear Levy's name.
The Hardscrabble Drive case drew national media attention -- and sparked a public outcry -- when Boulder District Judge James C. Klein last fall awarded Richard McLean, himself a former Boulder district judge, and his wife, attorney Edith Stevens, about 34 percent of one of their neighbors' two vacant lots.
McLean and Stevens sued neighbors Don and Susie Kirlin in 2006, using the long-standing legal doctrine of "adverse possession" -- essentially a squatters' rights law -- to claim the land next door.
While the Kirlins have not publicly criticized Klein's role in their case, other observers have suggested there was an element of favoritism orbias toward McLean, who worked as a Boulder judge for 15 years and is generally well known among his peers.
"What I'm concerned about is the perception of the public; that the parties before the court didn't get a fair shake," Levy said of the Kirlins' case. "I'm not passing judgment on whether that's true or not -- but as long as there is doubt by the public or the litigants that they're getting a fair shake, we've got a problem."
Levy -- who is friends with McLean and Stevens, and who has faced public calls to "disassociate" herself from the couple -- said her straightforward, four-sentence-long amendment would fix that issue. It requires the chief justice of the Colorado Supreme Court to appoint a presiding judge from another jurisdiction in county and district court cases where one of the parties is a current or former judge from within the same district in which the case is filed.
"What I'm trying to do with the bill is just create a black-and-white rule that applies across the board," Levy said. "We're going to err on the side of safety and be sure that the process is squeaky clean."
Levy acknowledged that existing laws require all judges to excuse themselves from cases where there is a clear conflict of interest, and that any party to a case can request a new judge in such instances. This bill, Levy said, is designed to be a "better safe than sorry" measure.
The bill has been assigned to the House Judiciary Committee, on which Levy sits. There is not yet a Senate sponsor for the measure, but Levy said she expects to find one soon.
Levy also is co-sponsoring legislation that would change the requirements to win an adverse-possession claim, and would give judges in those types of cases the power to charge fair-market value for any land won through adverse possession. That bill is scheduled to be heard by the judiciary committee Feb. 6.
Don Kirlin said Wednesday he is happy that both of Levy's bills are moving forward.
"What happened to us was very unfortunate, but what I see is a lot of good coming out of the injustice we've had to endure," he said. "The Colorado Legislature is being so proactive. ... I'm very happy with that."
An attorney representing McLean and Stevens said the couple had no comment Wednesday night.
Contact Camera Staff Writer Heath Urie at urieh@ or 303-473-1328.
Read the bill by Claire Levy to prevent judges from hearing cases involving other judges from the same district
................
................
In order to avoid copyright disputes, this page is only a partial summary.
To fulfill the demand for quickly locating and searching documents.
It is intelligent file search solution for home and business.
Related download
- university of texas at austin
- statutory instrument 1999 no
- common errors in kronos and how to fix them
- zetafax technical note
- windows color system the next generation color management
- introduction
- som state of michigan
- do you need e learning
- sample letter requesting repairs
- basic computer troubleshooting checklist
Related searches
- university of texas at austin
- university of texas austin tx
- university of texas at austin online
- university of texas at dallas graduate school
- university of texas austin graduate
- university of texas at dallas housing
- university of texas at austin online masters
- university of texas austin graduate school
- university of texas austin nursing
- university of texas at austin athletics
- university of texas austin certificate
- university of texas austin tuition cost