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Home Bios - Timothy Schutz
Home Bios - Timothy Schutz
Timothy Schutz - 4th Judicial District Judge

http://www.coloradojudicialperformance.gov/images/biophotos/2012/Schutz%20(Formatted).jpg 

Honorable Timothy J. Schutz

Biography:     Judge Schutz graduated, with honors, from Moorhead State University in 1984, with a B.A. in Psychology and a Minor in Political Science.  He attended law school at the University of North Dakota, receiving his Juris Doctorate, with distinction, in 1987.  While in law school, he served as Editor in Chief of the North Dakota Law Review, and was selected to membership in the Order of the Coif.

Judge Schutz served as the President of the El Paso County Bar Association in 2004.  He also served as the President of the El Paso County Bar Foundation in 2006 and 2007. Judge Schutz was a member of the Board of Directors of the Colorado Legal Aid Foundation from 2007 through 2010.  He was appointed to the Judicial Performance Commission in January of 2008, and served as member of the Commission until his appointment to the District Court in 2010.  Judge Schutz is currently serving on the statewide Access to Justice Commission, and is a co-chair of the Minority Overrepresentation Committee of the Fourth Judicial District.

Prior to his appointment to the bench, Judge Schutz enjoyed a distinguished career as a lawyer, specializing in the areas of civil litigation, intellectual property, land use disputes, and the representation of special districts.

Judge Schutz was appointed to the El Paso County District Court effective November 1, 2010.  He was retained by the Electorate in 2012 and 2018.  Judge Schutz considers it a privilege and honor to serve the residents of the State of Colorado.  It is his goal to bring equal measures of humanity, diligence and scholarship to his judicial calling.

 

Judicial Assistant Info                     

Monica Lewis:                         monica.lewis@judicial.state.co.us                  719-452-5358

Aneta Pachedzhieva:              aneta.pachedzhieva@judicial.state.co.us       719-452-5357

 

Court/Chambers       Rooms S503/S533

Located on the Fifth Floor of the South Tower of the Courthouse Complex

270 South Tejon St, Colorado Springs, CO 80903

 

Docket Mix:  The Court’s docket is divided equally between civil and criminal cases.

 

General Division Procedures:

Phone Calls:  Division 9 strives to return phone calls promptly.  If you have not heard back from the Division within 24 hours, please call again.

Inclement Weather:  The Court does not close for inclement weather, absent unusual circumstances. If El Paso County buildings are closed, the Courthouse is closed as well.  Otherwise, the Court will conduct business as usual. Parties may contact the El Paso County snowline (719-520-7669) to find out if the Courthouse will be open. On Two-Hour Delays, Division 9 will begin docket at 10:00 AM and will address all hearings originally set at 10:00 am on. Any hearings on the docket before 10:00 AM will need to be reset.

 

Civil Docket Information:

ORDER RE: COVID19 PROCEDURES FOR CIVIL CASES

Judge Schutz believes that the Court and lawyers, as officers of the Court, have an obligation to resolve civil disputes in a timely and efficient manner, recognizing that the degree of discovery, expert testimony, and time for trial preparation will vary depending upon the significance, complexity and monetary implications presented by a particular case.  Judge Schutz believes it is the responsibility of the Court and counsel to think critically, and early, about how to most efficiently resolve disputes based upon the issues presented in the case.  The Court values the input of counsel in developing such a case management plan.  The Court also believes that counsel have an obligation to effectively communicate with each other concerning the development of a case management strategy and the myriad of additional issues that arise during the course of litigation.  Judge Schutz is persuaded such discussions are facilitated by respectful, in person, communications between counsel.  Judge Schutz also recognizes his obligation to assist counsel in analyzing a thoughtful path to resolution of a case, and the assistance that timely and reasoned orders allow the parties in achieving that goal.  The following Division practices are intended to further these various objectives.

Settings:  Settings are by telephone on Wednesdays at 8:30 a.m. by calling Division 9 Judicial Assistants at (719) 452-5358 or (719) 452-5357, or email addresses are provided above and on the voice mailbox message of each Judicial Assistant.

  • Counsel is expected to appear in person for the Case Management Conference, Pre-Trial Readiness Conference and all Contested Hearings. All hearings and trial dates remain set absent an Order from the Court dismissing the case or vacating the hearing.  Upon extraordinary circumstances, a Motion for Telephonic Appearance may be filed for the Court’s consideration.  The burdens of travel from another county are not viewed as good grounds for a telephonic appearance.

Vacating Court Dates:  Counsel are advised that agreements among themselves to vacate Court dates or extend deadlines are ineffectual absent explicit approval by the Court.

  •    Service is expected to be completed within 28 days of the filing of the initial Complaint. 

Case Management Conferences:  Case Management Conferences are to be set within 49 days from the date the initial Answer is filed.   Upon contacting the Division Judicial Assistant for dates, if Counsel cannot agree on any of the dates given within 48 hours, the Court will select the date.  Case Management Conferences are not to be reset once an initial date has been chosen.  Counsel are to bring their calendars to the Case Management Conference as the trials will be scheduled at the end of the Conference.

Counsel are to expect a Case Management Conference to be held regardless if the case is not at issue or under rule 16.1.

Ruling on Motions:  Division 9 strives to rule on ripe motions within 35 days.  If a motion is pending for more than 36 days after it is fully briefed, litigants are encouraged to bring the Motion to the attention of the Division Judicial Assistants.

Oral Argument:  The parties are invited and encouraged to request oral argument if they believe it would be of material assistance to the Court’s understanding of the issues presented.  The Court will occasionally order oral argument sua sponte.  Counsel are encouraged to permit new lawyers who actively participated in the research and drafting of briefs to appear and participate in oral arguments.

  • The record in civil and juvenile proceedings is typically kept by the Court’s electronic recording device.  Parties wishing to arrange for a court reporter should refer to Chief Judge Order 2011-05 regarding Freelance Court Reports.  Counsel and pro se parties are welcome to contact the Division Judicial Assistant in advance of the appearance date with any questions.  Juvenile Parental Rights Termination Hearings will have a court reporter provided at state expense.

 

Criminal Docket Information:

  • The Criminal docket will be held on Thursdays starting at 8:30 AM. The Court expects parties, counsel, GALs and caseworkers to be on time and prepared to address the cases. The Court understands there may be times when counsel are needed in other divisions or are otherwise delayed, but requests counsel e-mail court staff regarding any anticipated tardiness. First Appearances, Appearance of Counsel, Appearance on Arrest Warrants, and Appearance on Bonds will be held on Thursdays at 8:30 AM. Preliminary Hearings will be held on Thursdays at 1:30 PM. If the docket day falls on a holiday, appearance on warrants or bond return dates will be held on the following Thursday.

Bond: Motions to reduce bond will be heard only after proper notice to the District Attorney.  Bond reduction hearings will be held in conjunction with the disposition hearing or preliminary hearing, unless the bond has been set in excess of the standard bond amount.  Written motions for bond reduction are not required.  This order constitutes notice to the District Attorney that bond will be addressed at the first disposition hearing or preliminary hearing.

The District Attorney will provide the Court with a copy of the Pretrial Justice Services report at any contested bond hearing.

  • Unless excused by the court, defendant is required to appear at all dates, including but not limited to trial, motions and pre-trial readiness conference as each date set by the court is a bond return date. Defendants are to appear in person or by video on WebEx for all plea deals.

Preliminary Hearing: On the date set for preliminary hearing, the hearing will occur or be waived.  Parties should assume that a continuance of the preliminary hearing will not be granted unless good cause is shown.  Any party seeking a continuance of the preliminary hearing shall so advise the Court and opposing counsel prior to the day set for the hearing.

Discovery: Unless otherwise agreed upon by the parties and approved by the Court, discovery shall be strictly controlled by C.R.Crim.P Rule 16.  Motions requesting discovery required by that rule are not to be filed.  Pursuant to Chief Judge Directive 2006-1, the District Attorney is ordered to provide the NCIC and CCIC information available on all its lay witnesses.  The District Attorney shall provide discovery not only of the information in its possession but also of any information relevant to the case in possession of the various investigative personnel and law enforcement.  C.R.Crim.P. Rule 16(Part I)(b)(4).

No later than thirty (30) days prior to trial, the parties shall disclose:

? the matters enumerated in C. R. Crim.P. Rule 16 Part I (d)(3) and Part II(b)(2) regarding experts so that counsel will have meaningful information to conduct effective cross-examination. If no report is made by the expert, then a written summary describing the expert’s opinions and reasons therefore must be disclosed. The matters to be disclosed include any learned treatises or studies consulted or relied upon by the expert;

? good faith list of witnesses; theory of defense; any affirmative defense(s) and alibi;

? the people are required to provide to defendant any records of previous criminal convictions of the defendant or any witness they intend to call in the case and juvenile arrest and criminal records since these are open records per CRS 19-1-304(1)(b.5);

? the people must provide written notice to defendant of any benefit or promises given to a witness in exchange for their testimony;

? defendant must provide to the people any CRE 404(a)(2) evidence.

Motions: All motions should be written to advise the Court in the beginning of the motion concerning what specific relief is sought and the specific factual basis for the issue presented to the Court for determination. “Boiler plate” motions are discouraged, and each motion should state the specific facts and circumstances applicable in the law and as applied to the specific case at issue.

A motion hearing date will be set at the time the case is set for trial.  All motions are to be filed at least 30 days prior to the motions hearing date and responses are to be filed within 15 days from the filing of the motion.

The Court will make every effort to read any authority provided by counsel prior to the hearing.  Citing authority for the first time during the Motions Hearing is discouraged.

Plea Hearings and Sentence Hearings: All felony and class one misdemeanor plea agreements will be tendered to the Court in writing and include the written rights advisement as well as all terms of the agreement.  Every effort should be made to have the written plea agreement and advisement completed prior to court being called to order. 

Unless otherwise ordered, a “Consent to Remain on Bond”, will be tendered to the Court upon completion of the plea.  Defendant will be remanded into custody if the Consent is not tendered at that time.  Court staff will not be responsible for obtaining the Consent. 

At the sentencing hearing, the Defense Attorney will advise the Court as to the itemization of pre-sentence confinement credit, residential credit, non-residential credit and earned time to which the Defendant is entitled, even if Defendant’s sentence does not include incarceration.

 

Jury Trial Procedures:

Opening and Closings: Each side shall have twenty (20) minutes for opening statements and thirty (30) minutes for closing arguments, unless additional time is requested at the Pre-Trial Readiness Conference. The people may reserve rebuttal out of their thirty (30) minutes.  No exhibits may be published to the Jury during Opening Statements unless agreed to between the parties.

Sequestration: Potential Witnesses shall not be present in the courtroom for the testimony of other witnesses.  Pursuant to C.R.E. 615 sequestration of witnesses is ordered for all testimony at trial, except for alleged victims and any advisory witness designated by either party.  Counsel shall advise their witnesses of the sequestration order, as well as any other limine orders.

Jury Questions: In most cases, jurors will be allowed to ask questions. The jury will be instructed concerning asking questions.  The Court will consult with counsel about any juror question that may be objectionable.  Jurors will be provided written forms for questions in the juror notebooks. Any objections to permitting juror questions must be raised at the Pre-Trial Readiness Conference.

Scheduling: The trial day generally shall begin at 8:30 AM and end at 5:00 PM, with a morning and afternoon recess of 15 minutes each and a lunch recess of either an hour or hour and a half.  Counsel will schedule witnesses to ensure an orderly and timely presentation of evidence.  Issues to be discussed with the Court should be done outside of the normal trial hours.

 

General Procedures:

WebEx Appearances: In light of the COVID-19 pandemic, Division 9’s courtroom capacity is limited to 12-15 people; therefore, WebEx is being utilized to reduce in person appearances in the courthouse. All parties are expected to appear by video on WebEx unless the party lacks the technology to do so. All attorneys and parties appearing on WebEx are to be dressed appropriately for court and maintain proper courtroom etiquette, i.e. no eating, no smoking, no pets etc. Parties appearing on WebEx are to automatically mute themselves when first joining until called upon by the Court or remain muted unless they need to speak to the Court. Information on how to join Division 9’s WebEx can be found here:

https://www.courts.state.co.us/Courts/County/Custom.cfm?County_ID=6&Page_ID=1013

  • If exhibits are anticipated, they are to be pre-marked and included in exhibit notebooks to be provided for the witness, opposing counsel, and the Court.  Counsel are encouraged to utilize a single exhibit notebook to include Petitioner/Plaintiff and Respondent/Defendant exhibits.  If any witness has been permitted to appear by telephone, the Court will require all exhibits to be pre-marked and exchanged among all parties and the witness prior to the hearing.  There is a projector in the courtroom which can be accessed wirelessly through Windows 10 or via HDMI cable. Please ask the clerks for further information. Additionally, an easel is available for use for large paper exhibits or written demonstrations.

Discovery Disputes:  If the parties, after fulfilling their conferral obligations, are unable to resolve their disagreement they are invited to contact the Division 9 Judicial Assistant to set a brief telephone conference with the Court.  Often the Court can make 10-15 minutes available to counsel within twenty-four (24) hours, and such conferences are frequently useful in resolving or focusing the parties’ dispute.  If more time is needed please inform the Judicial Assistant so adjustments can be made accordingly.  Additionally, if there are several parties on the case, a Discovery Dispute hearing will be set as soon as the Court’s calendar permits and Counsel are to appear in person.

Jury Instructions:  The Plaintiff is to provide the Court with jury instructions the Wednesday prior to trial.  They are to be provided in an electronic format to include:  proposed stipulated instructions, Plaintiff’s proposed instructions, Defendant’s proposed instructions and GAL proposed instructions.  Each set is to be formatted as one Word document to help facilitate changes made by the court.  Please, no scanned instructions.  Please format the jury instructions as follows:

Times New Roman 13-point font

Double Spaced

Right Justify

Office 2010 Default Margins

Case Caption on Verdict Forms

Voir Dire: A jury panel seating chart will be completed by the Court Judicial Assistant and distributed to all parties and all Division 9 staff.  The Court will consider affording each counsel a mini-opening statement, not to exceed two minutes, before voir dire begins.  The Court will consider giving relevant instructions to the jury panel during voir dire if requested by counsel at the Pre-Trial Readiness Conference.

Potential jurors shall be questioned using the “modified civil” method by which all panel members in the courtroom are to be questioned regardless of whether they are presently seated in the jury box. Typically, the last juror into the jury box is the alternate juror. Questions to the jury panel shall be focused on bias, fairness, impartiality, and legal impairments to jury service.  Hypothetical questions concerning potential evidence in the case should be avoided.  Promises from jurors will not be solicited. To the extent a potential juror expresses a hardship, the court will consider that issue at the conclusion of the gen



More Information

Division: 9

Phone: 719-452-5358
Fax: 719-452-5028
D04_Courts_Div9@judicial.state.co.us
270 S Tejon
Colorado Springs CO 80903
Directions/Map

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