Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. The big news last week came from the Colorado Supreme Court, where the justices met for oral arguments and public hearings on several consequential topics.

The big questions

> Were Colorado Springs police acting unconstitutionally when they installed a video camera on a utility pole without a warrant outside a suspected drug dealer’s house, and then let it record for three months straight? While the U.S. Supreme Court has endorsed visual surveillance of the publicly-exposed portions of a home, some courts have balked over continuous long-term monitoring. (The video here ran for 2,160 hours, thanks to the quick calculations of Justice Maria E. Berkenkotter.)

By their lines of questioning, the justices seemed to fall on the skeptical end of the spectrum:

• “There would be no problem from your perspective in the police deploying video cameras on every utility pole in every residential neighborhood in the state. Is that right?” — Justice William W. Hood III

•  “I don’t think from a constitutional standpoint that would be a problem.” — Rebecca Adams, representing the state

> Is a county a “person?” Or, more specifically, an “association of persons?” La Plata County argued it is not, and therefore it should not be subject to a state order to clean up a toxic former landfill. The justices grappled with whether the legislature had written the state’s solid waste law in such a way that exempts the large percentage of county-owned landfills from compliance orders.

“Woke police”

> The Supreme Court also held a hearing over a proposed requirement for attorneys to undergo two credit hours of equity, diversity and inclusivity training every three years. Proponents said it would help address hostility toward attorneys who are women and people of color. Those in opposition characterized it as liberal indoctrination and creating a “woke police.”

•  More than 86% of lawyers nationally are white. That is higher than the percentage of civil engineers, police officers, dentists and surgeons.

Speaking of race

> The Court of Appeals overturned a Black man’s sentence after finding likely discrimination when an Arapahoe County prosecutor dismissed at least two jurors of color from the jury pool. The individuals supposedly wavered when asked if they could follow the law. However, the prosecutor did not have a problem with a white juror who expressed a similar sentiment.

> The Denver District Attorney’s Office released a report showing harsher outcomes for Black and Hispanic defendants in the justice system.

Vacancies and appointments

> Denver District Court will have a vacancy beginning July 3, with the retirement announcement of Judge Kenneth M. Laff. Laff is a 2008 appointee to the court. Applications are due by April 23.

> Gov. Jared Polis has appointed Kelly E. Waidler to the Douglas County Court, effective May 8. She is currently a chief deputy district attorney in Denver and will succeed Judge Susanna Meissner-Cutler.

Welcome back, jurors

> Jury trials resumed last week in Denver. People may watch the virtual courtrooms here. This Monday morning, Judge Kandace C. Gerdes questioned jurors about their backgrounds, including the lighter stuff.

•  “It was pretty funny and touching too. Anyone else see Thunder Force?” she asked after one potential juror spoke of watching the new movie starring Melissa McCarthy.

 •  “If you had the choice today to cook between American and Italian, which one would you pick?” the judge asked a man who said he was a chef. “Hmm…pizza,” the juror responded. 

In other news

> An Aurora man selling guns out of his home accrued 600 violations of federal gun regulations. A federal judge upheld the government’s decision to revoke his vendor license.

> A panel of the U.S. Court of Appeals for the 10th Circuit agreed that a rural hospital did not have to provide a flexible schedule for an employee who went blind, because she could have moved closer to work or gotten her own rides. The Americans with Disabilities Act does not require employers to handle “non-work related barriers created by personal lifestyle choices,” the court opinion noted.

> A Highlands Ranch doctor faces a federal court appearance next month for allegedly stealing $300,000 in COVID-19 relief funds.

The rumor mill

> Essence magazine reports that University of Colorado law professor Suzette Malveaux may be a candidate for the vacant seat based in Colorado on the 10th Circuit. Senior Judge Carlos F. Lucero, a nominee of President Bill Clinton, transitioned to semi-retirement earlier this year on the 12-member appeals court.