Are you involved in a divorce or child custody case involving an appeal? (The Colorado statutory tiles for these are dissolution of marriage and allocation of parental responsibilities). An experienced Colorado Springs divorce and child custody lawyer can guide you through the legal process and assist you in exploring your options. You have one bite at the apple in the court system so make it count. It is important to understand the differences between magistrates and district court judges as well as to be informed about recent changes in the magistrate review process.
If an appeal to the Court of Appeals is not successful Colorado Supreme Court review is a potential option. The Colorado Supreme Court functions as the court of last resort and as the highest appellate level court in the Colorado state court system. However, an appeal to the Colorado Supreme Court is not an entitlement. The Supreme Court has discretionary jurisdiction over appeals from lower courts. The Supreme Court generally only considers cases that have unusual issues or issues related to inconsistent results in the Court of Appeals. A request for Supreme Court review is made through a Petition for Certiorari. Most petitions are not granted as the Supreme Court accepts fewer than 100 petitions per year and only a few family law cases. A petition for certiorari is due 42 days after issuance of the Court of Appeals’ decision.
Because the Colorado Supreme Court has discretionary jurisdiction, the first step in appealing to the court is filing a Petition for Writ of Certiorari explaining why the Court should accept the appeal. Only if a Writ is granted will the Colorado Supreme Court review a case, so submitting a persuasive and well-thought-out Petition is an important step in obtaining Supreme Court review. The Colorado Supreme Court generally focuses on cases that will have a broad legal impact. In particular, the Court generally considers the following:
(1) Whether the case presents an issue that has not been previously decided by the Colorado Supreme Court;
(2) Whether the case reflects a ruling that is not consistent with previous Colorado Supreme Court decisions; and/or
(3) Whether the case involves conflicting lower court decisions.
In drafting a Petition, the procedural process and formatting requirements are governed by the Colorado Rules For Appeals (C.A.R.) C.A.R 49 to 57. Generally a Petition must be filed within 42 days of the Colorado Court of Appeals judgment entry. However, a Petition cannot be filed with the Colorado Supreme Court until a minimum of 14 days after the Colorado Court of Appeals opinion issuance. An advisory notice of the Petition should be filed with the appellate court and the trial court. This puts the lower courts on notice that a Petition has been filed and that the record will have to be transmitted to the Colorado Supreme Court.
Turning Change Into Opportunity in Colorado Springs, Colorado Divorce and Child CustodyA highly knowledgeable and experienced Colorado Springs divorce and child custody lawyer can guide you through Colorado Springs divorce and child custody matters by negotiating, mediating and litigating on your behalf. You can focus on moving to a better future instead of spending your time attempting to navigate complex legal rules and procedures.
Sabra Janko from Janko Family Law has more than 20 years of legal experience and has written “the book” on Colorado divorce and family law – “Colorado Family Law With Forms”, published by LexisNexis, which you can find here. Contact us at 719-344-5523 or complete our online scheduling request for a free 30-minute informational consultation. We also offer paid one-hour advice sessions for a more in-depth analysis of your case.