Jerry Kopel Home Page

Jerry Kopel

Chris Leppek, Reliving the glory days, Intermountain Jewish News. Oct. 1, 2009. Article on the successful campaign by Colorado legislators Jerry Kopel and Tilman Bishop to free the Leningrad Three.

Hinda Mandell, Cry of liberty. Foundation will honor refuseniks whose 1970 attempted hijacking drew world attention to the Soviet Union’s oppression of Jews. Boston Globe, Oct. 8, 2009.

Jerry Kopel, Freeing the Leningrad Three.

U.S. Rep. Diana DeGette (D-Denver). Remarks in the Congressional Record, "Celebrating 80th Birthday Of Gerald (Jerry) Kopel And 56th Anniversary of Jerry And Dolores Kopel." June 12, 2008 (pages E1229-30). Text. PDF.

The Pueblo Chieftain Online Recent Articles

Knock on Doors; advice for legislative candidates. Plus: What the Department of Regulatory Agencies could do regarding medical marijuana dispensaries.

Changes in Medical Licensing.

Obesity Statute.

Mixed Martial Arts Regulation.

Accounting Education.

Medical Marijuana.

Freeing the Leningrad Three.

Sign Language.

Casinos and Community Colleges.

Archive

Full list of Jerry's articles

Subject areas:

Biography

Colorado History

Colorado Legislature

Colorado Politics & elections, including Denver.

Constitutional Amendments and other Ballot issues

Consumer and Tort Issues

Criminal Law

Gambling

Sunrise/Sunset (occupational licensing)

Jerry News

Jerry wins First Place in the Colorado Press Association's 2006 Public Service writing category, for his column in the Colorado Statesman.

University of Colorado School of Journalism. Alumni article on Jerry -- a "C" student in the J-school, who was told he should try another field.

Jerry parties with the Denver Bar Association.

The Gerald Kopel Papers, which cover Kopel's entire legislative career from 1964 to 1992, are housed in the Denver Public Library's Western History Collection. The papers are perhaps the most extensive archive of the public career of any American state legislator from the 20th century. For more information on the collection, and a link to an HTML table of contents, click here. For the Denver Public Library's online Table of Contents and information, click here.

Jerry Kopel's Report. Jerry's newsletter to constituents, from 1967 to 1998. Available in the Denver Public Library.

The Dolores Kopel Papers, cover the life and career of Jerry's wife Dolores, who was one of the first female lawyers in Colorado. She served as United States Bankruptcy Trustee for Colorado and Kansas. Table of Contents here.

Short biography of Dolores Kopel.

Reported legal cases of Gerald and Dolores Kopel.

Most of the articles on this website were originally published in the Colorado Statesman, a weekly newspaper for which Jerry Kopel has been an award-winning columnist since 1992.

Colorado State Capitol building

Jerry's latest article

This column is aimed at legislators who are presently in office through the (1) Republican or Democratic vacancy committees vote or (2) have never had a convention battle, or (3) a primary, or (4) an opposition party candidate in the November election. It's also aimed for candidates waiting to take you on.

The 2010 Colorado election is modeled after the 2006 election when no presidential candidates were running. The entire state executive branch is up, as well as congressional seats, and this time an election for the United States Senate.

What have you been doing to keep your name known to the voters in your legislative district? Are you active in community non-partisan groups? Have you been sending out e-mails on various radio-active issues in the legislature?

I'm sure there is one thing you have not done nor expect to do when you knock on home doors to talk to the voters. You intend to open the conversation by discussing what is wrong or right at the state legislature. Even though you are running for that office the homeowner, assuming he or she is still employed or voluntarily retired, is actually more interested in his or her home and the neighborhood.

"Is there anything I can do for you? Is the garbage pickup going well? Do they come each week on the same day? How about the lighting system in the block maintained by the utility company? Still too dark?

How about police service? Have they been coming back when needed? Are streets being cleaned, and potholes filled by city employees? When you call the city offices for assistance, are they courteous and prompt to assist? When a new cover of tar is added to your street, do they make sure it does not block water moving down your driveway to the gutters?"

You are running for the legislature, but you can do well by sounding like a city council person? Let them ask you then about any state, city, or national issues. Let the homeowner know you will tell the city or county management concerns you discovered. You will do so and send a copy to the home owner. Be sure to praise the officials for their future positive action in the letters.

If the officials do act, that becomes known to everyone else in the block and hopefully the homeowner will let you know your intervention helped. Or else you follow up to see if intervention worked. Any plight is usually solvable and a thank you to the official makes the next complaint even easier to handle.

When I did this, my positive vote in that block was always greater than it should have been based on political bias of the voters. One Republican legislator serving with me showed me an opposition document that found I was getting more Republican votes on a percentage basis that any other Democrat running in that district.

You have not knocked on doors before? I can tell you most times you will only get responses at one-third of the homes. But you can keep going back depending on how much time you have to try to reach everyone.

I always left a note pad for each home as well as a printed list of phone numbers that tell the home owner how to get help from city or county officials.

* * *

One certain issue in 2010 is regulation of the occupation dispensing medical marijuana. Should the occupation be reviewed by the Dept. of Regulatory Agencies research staff? I have not yet seen this debated or considered. You can find the Sunrise review language at CRS 24-34-104.1. It begins:

"... regulation should be imposed on an occupation or profession only when necessary for the protection of the public interest ... establishing a system for review prior to enacting laws ...will determine the least restrictive regulatory alternative consistent with the public interest."

The dispenser should explain in writing the groups involved, the reason why regulation is necessary, the benefit to the public, the kind of regulation needed, and the cost.

It is possible for DORA to immediately begin the research and have it available for the 2010 session. DORA could review if it determines the unregulated occupation "pose an immediate threat to public health, safety or welfare".

Among the findings which could come from DORA:

(1) letting local jurisdictions determine whether a dispensary violated local zoning laws

(2) refusing to allow convicted felons to operate a dispensary

(3) halt site consumption of the marijuana at the dispensary

(4) require those waiting on patients to have attended educational lectures regarding the consumption of and potential bad effects that could occur based on the strength of the plant being sold, dosage provided and how ingested

(5) the examination and follow-up consultations by doctors

(6) liability insurance required for dispensaries.

On the other hand the legislature could pass a bill exempting marijuana medical legislative regulation without going through the Sunrise process.

(Jerry Kopel served 22 years in the Colorado legislature.)

Another recent Jerry article

Doctor Dave is bored. After spending three decades as a specialist in internal medicine, he retired. Now he wants to again practice after three years of golf and travel. The Dept. of Regulatory Agencies recognize the value of a reinvigorated Dave as part of the medical practice of Colorado.

DORA's recent Sunset recommendations for medical practice totaled 27 statutory revisions and two administrative changes. The total of revisions offered will allow an open-ended ability for legislators with social priorities to seek new regulations not part of the DORA package. Such as? The reduction in the ability to obtain abortions in Colorado.

DORA suggestions include possible ways to provide citizens with low or no incomes with additional medical care. Presently retired physicians away from the practice more than two years face barriers in returning because of lack of knowledge about new medical alternatives.

The law provides that the doctors must demonstrate continued competency. That may include a period of supervised practice. DORA wants a new special license to facilitate the doctor's transition back into practice and by statute avoid it being listed as a disciplinary license, where it is presently improperly placed.

If the doctor deals only with patients who cannot pay, 25 other states offer pro bono or volunteer licenses. Those states include Arizona, Kansas, Nevada, Oklahoma and Wyoming.

To qualify for an Arizona pro bono license, the doctor "may not have had the license revoked or suspended, may not be the subject of an unresolved complaint, and must meet all the qualifications required for full license at no fee or salary, or through charitable organization at no cost to the patients or the families." In Arizona, the pro bono license fee is waived.

Colorado dentists and nursing boards presently allow a retired-volunteer status license if the service to patients is free. The license is at a reduced fee.

DORA's thinking is "providing physicians who are no longer charging fees for medical services with the opportunity to secure a pro bono license would increase access to health care service for the indigent and underserved population across Colorado."

COPIC, the company that provides liability coverage to many physicians in Colorado, could waive premiums for liability insurance for those retired physicians providing service at no cost. These doctors are restricted from performing invasive surgery, and the number of hours allowed to work is limited. And the doctors are subject to the same oversight as fully licensed physicians. (DORA does not believe liability insurance should be waived.)

The same approach would be useful for physician assistants who have retired and now are willing to work at no cost to the patient.

Another approach suggested: Allow physicians to supervise up to three physician assistants, instead of just two. That adds addition medical service. Physician assistants do not have their own practice. They practice only under the personal and direct responsibility and supervision of a licensed physician, including the authority to prescribe medication.

DORA points out a state commission has suggested "exploring ways to minimize barriers for mid-level providers, especially in the rural areas where there is a shortage of physicians." Over the past five fiscal years, a smaller proportion of complaints were filed against physician assistants than complaints against doctors.

Half of the states allow supervision of three or more assistants for physicians. Five states have no restrictions on numbers and Connecticut allows six assistants.

Malpractice insurance. The minimum level for professional liability insurance, states DORA should be increased to $1 million per incident and $3 million annual aggregate per year. This would double the present minimum which was adopted by statute 22 years ago. Colorado minimum for liability insurance, states DORA, "are woefully inadequate" based on statistic levels of payments presently ordered. COPIC claims a vast majority of doctors already carry the proposed minimums.

In the past 32 years, claims DORA, medical costs have increased 113 percent and liability insurance coverage has increased 52 percent.

** *

Many of the same DORA researchers came to similar conclusions in a Sunset review of the Colorado statute regulating podiatrists. A podiatrist may use the title "Doctor" or "Dr" it he or she follows it as "Doctor of Podiatric Medicine" or DPM" or "practice limited to treatment of the foot and ankle".

Malpractice insurance for podiatrists who perform surgery should be doubled, similar to the same DORA decision regarding all physicians under the medical statute.

A volunteer license, states DORA, should be provided at a reduced fee for those podiatrists who are no longer charging for services.

DORA reports "podiatrists in Colorado who are closing their practice often call the division to request a license at a reduced fee because they are interested in giving back to the community by providing care at clinics for the indigent or the working poor. However there is no such license type available ".

Reduced malpractice insurance premiums are consistent with those offered by COPIC to other physicians working at no cost to patients.

Podiatry licenses tend to be more expensive that other licenses. The Sunset report shows 195 active and six inactive podiatrist licenses for the fiscal year ending June 30,2008.

The medical and podiatry bills should move forward together so that there is no conflict in the final revisions of each. There are 18 DORA recommendations for changes in the podiatry statute.

(Jerry Kopel served 22 years in the Colorado House.)

***

How does a history of drug stamps effect medical marijuana?. Section 14 of Article 18 of the state constitution spells out how legal growing, selling and buying of medical marijuana is to work. However the constitution does not deny the legislature the ability to pass additional language insofar as it does not conflict with language in the constitution.

The only money received by government is in Section 14(3)(i) dealing with funding to pay for regulation by the Dept. of Health. So a legal tax could be levied on the dealers, at least as far as Colorado law is incurred. On the federal level, President Obama told the Dept. of Justice to basically leave "real" medical marijuana alone. If the department ignored the president, the U.S. constitution gives the president power to "grant reprieves and pardons for offenses against the U.S. except in cases of impeachment."

Justice Stevens analysis in Kurth Ranch does not apply to medical marijuana which can by state law be legally-owned property. The constitution provides for a reasonable use of the plant being sold and it has nothing to do with other controlled substances.

It would be useful for the legislature to seek a declaratory judgment from the state supreme court on a bill dealing with the legality of taxing profit made by dealers in medical marijuana.