A Colorado Springs public defender was found in contempt of court Tuesday after refusing to show up for a client’s trial, citing heightened risks from El Paso County’s surge in COVID-19 infections.

Attorney Adam Steigerwald was sanctioned by 4th  Judicial District Judge Robert Lowrey after disobeying an order issued a day earlier that he come ready to defend his client in an assault case, court records show.

When Steigerwald instead appeared virtually through the court’s remote appearance program, WebEx, and said he wouldn’t come in person, the judge postponed the trial, found Steigerwald in “direct contempt” and ordered him to appear for sentencing at 2 p.m. Thursday. Steigerwald faces a possible fine and up to six months in jail.

El Paso County attorneys are rarely found in contempt of court, and Tuesday’s action by Lowrey appears to be the first of its kind in Colorado, observers told The Gazette. Steigerwald and a spokeswoman for the Office of the Colorado State Public Defender, Maureen Cain, declined to comment.

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The standoff over COVID-19 concerns in Lowrey’s courtroom comes as El Paso County’s coronavirus numbers are on the rise, including a new outbreak at the county jail that has sickened at least eight inmates.

In an email to The Gazette, Chief Judge William Bain confirmed that he ordered a halt to in-person appearances by all jail inmates until Nov. 9 after being notified Tuesday morning that the inmates tested positive ahead of planned transfers to the state prison system.

The Sheriff’s Office also announced that two more deputies tested positive on Tuesday, bringing to 10 the number of sheriff’s employees who contracted the disease this month. Five wards at the jail are now in quarantine, in a bid to isolate all who were in contact with sickened inmates, sheriff’s spokeswoman Jacqueline Kirby said in a written statement.

The showdown highlights simmering tensions at the courthouse, where some attorneys and court workers have complained that safety protocols vary by courtroom, depending on how seriously each of the county’s more than two dozen judges takes the threat from coronavirus.

“It could just as easily have been anyone,” said attorney Damon Cassens, who noted “frustration” has been building on the bench over mounting trial backlogs during the pandemic.

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At least two clerks were sent into isolation earlier this month after a pair of sheriff’s deputies who work at the courthouse tested positive for coronavirus. A different COVID-19 exposure — involving a court reporter who transcribes court proceedings — shut down most court activity for two weeks in early August.

Attorney Jeremy Loew said he was ordered to leave a different courtroom Tuesday because of coronavirus concerns. The judge, Eric Bentley, told Loew and other attorneys to appear via WebEx, Loew said.

“Some divisions are saying you have to be there, some divisions are saying you don’t. We’re six or seven months in and there’s still confusion as to what’s going on,” he said.

Bain previously said he drafted safety protocols in collaboration with Dr. Leon Kelly, the county’s deputy medical director. On Tuesday, the chief judge said the rules are meant to be uniform.  

“My (chief judge’s orders) make clear that they are required to be followed by everyone, including all judges,” Bain said via email. “When the administration or I receive complaints (which is rare), we follow up on those promptly.”

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A transcript obtained by The Gazette shows that Lowrey was clear in ordering Steigerwald to be present for trial Tuesday.

The attorney and judge sparred over the risks of going to trial, with the judge saying he had no evidence it couldn’t be conducted safely under courthouse protocols, which require masks, social distancing and other measures.

Steigerwald countered that El Paso County was in the middle of its “worst spike” on record — citing an increase in new infections and hospitalizations that led state public health officials to warn of possible new restrictions here — and invoked an office policy directing public defenders to appear virtually in court when the office considers risks unacceptable.

“I understand the court’s position,” Steigerwald said. “I will not be proceeding to trial.”

Lowrey rebuked Steigerwald for what he called “inexplicable behavior” and warned that “chaos” would ensue in court if attorneys were permitted to ignore direct orders from judges, the transcript shows.

“I want to make it clear for the record, the court does not do something like this very lightly,” Lowrey said. “Certainly never in the history of this division has this ever happened.”

Attorney Josh Tolini, head of the Colorado Springs chapter of the Colorado Criminal Defense Bar, said Steigerwald is being punished for standing on principle out of concerns for his own health and his client’s.

“Adam Steigerwald is one of the best attorneys in El Paso County,” he said.

Steigerwald, who has been licensed to practice law in Colorado since 2008, has handled several high-profile cases in the Pikes Peak region, including serving as lead counsel for Patrick Frazee, the Florissant man sentenced last year to life in prison plus 156 years in the murder of his then-fiancee Kelsey Berreth of Woodland Park.

Steigerwald has no record of prior disciplinary actions, according to an online database maintained by the state Office of Attorney Regulation Counsel. The office, which pursues disciplinary action against attorneys, isn’t necessarily notified when attorneys are cited with contempt, making it difficult to gauge how common it is, said office head Jessica Yates.

After Lowrey found Steigerwald in contempt, the District Attorney’s Office filed a motion to disqualify the Public Defender’s Office from handling the assault case, and the judge said he will determine next steps after Steigerwald’s sentencing hearing, records show.

In a separate coronavirus-related disruption Tuesday, a juror with a fever led Judge David A. Shakes to call off testimony for the day at the trial of Marco Garcia-Bravo, accused in the 2017 gang-related killings of two Coronado High School students. The trial is expected to be paused for a day or two while the juror awaits the results of a COVID-19 test. The judge will determine what happens next if the juror tests positive, but a mistrial is among the options, sources told the newspaper.