Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. A report about federal judges who failed to recuse themselves from cases despite having financial conflicts of interest left two Colorado judges apologizing, plus a new judge has taken office in downtown Denver.

“I should have known that”

•  The Wall Street Journal dropped a major finding that 131 federal judges across the country had participated in cases while also having financial investments in one of the parties. In addition to violating judicial ethics, such conduct also runs contrary to federal law.

•  Two judges from Colorado were implicated in the WSJ’s reporting: U.S. District Court Senior Judges R. Brooke Jackson and Lewis T. Babcock. “I dropped the ball,” Babcock admitted to the WSJ. He owned between $15,001 and $50,000 of Comcast stock while presiding over a lawsuit involving the company.

•  Jackson had 36 cases with undeclared financial conflicts of interest. He detailed those in a 21-page memo to the WSJ, which he subsequently gave to Colorado Politics. Jackson’s explanation was that he had zero knowledge of his or his wife’s investments, so he didn’t believe there was any bias. Nonetheless, he acknowledged he was in the wrong, and that he should have realized what he had to do when he inherited cases from other judges who recused themselves for financial reasons.

•  The clerk’s office for the district court confirmed that Jackson, who is now a part-time judge since his retirement last week, has provided a list of conflicts of interest.

Suited up!

•  The Denver-based U.S. Court of Appeals for the 10th Circuit, which hears federal appeals from Colorado and five surrounding states, officially has a new member. Judge Veronica S. Rossman took office on Thursday, four-and-a-half months after the White House nominated her to succeed fellow Coloradan Carlos F. Lucero on the 12-member court. The next scheduled oral arguments in which she will participate begin on November 15.

When is a sentence not a sentence?

•  In 1984, a Colorado judge opted not to sentence a man to the maximum 24 years in prison for sex assault, instead committing him indefinitely, and up to life. While indeterminate sex offender sentences are common, the man argued 37 years later that his “commitment” was just that — an involuntary commitment requiring separate protections under the law, rather than a criminal sentence.

•  By a 2-1 decision, the 10th Circuit disagreed. While the majority said, in essence, the choice of word doesn’t matter, Judge Carolyn B. McHugh believed there was absolutely a distinction between a commitment and a sentence, and Colorado is violating the man’s constitutional rights by keeping him behind bars.

•  “I sit here and rot, wandering [sic] what do I have to due [sic] to get my freedom or at least my chance at it. I believe that I can still become a law-abiding citizen and a productive member of society if I can just get my foot out the door. But at 65 years of age, I see my chances slowly fading away.” —Bruce E. Wimberly, plaintiff, writing to the 10th Circuit

Oil, gas and…cheese?

•   Several key decisions came out of the state’s federal trial court this week, featuring subjects that normally don’t occupy the same courtroom. First, the Bureau of Land Management violated federal environmental law by approving 58,000 acres in northwest Colorado for oil and gas leases without fully incorporating available air quality data. The court ordered a review in lieu of voiding the entirety of the public land leases.

•   A former laborer at Leprino Foods Company, the world’s largest manufacturer of mozzarella cheese, may take her ex-employer to trial over allegations that it discriminated against her while she was pregnant.

•   A Black inmate at the “supermax” prison in Florence alleged guards had a role in releasing a white supremacist inmate who was intent on attacking him. But in the judge’s eyes, he failed to prove his case.

Supreme Court check-in

•   A pair of 4-3 decisions from the Colorado Supreme Court upheld the use of “blind” expert testimony in two criminal cases from people unfamiliar with the facts of the cases, but who knew about the dynamics of domestic violence. The dissenting justices believed the Court was opening the door to completely irrelevant statements, but the majority was comfortable as long as the testimony was close enough.

•   The Court formally got rid of a procedural tactic that made it easier for employers to avoid liability, although the General Assembly also eliminated the feature earlier this year.

•   Two justices were interested in hearing a case involving whether a defense lawyer’s personal conflict amounted to ineffective assistance, but one more member was needed for the Court to take the appeal.

Vacancies and appointments

•   The governor is considering three candidates to succeed Sedgwick County Court Judge James Craig Dolezal: John Fryar and Chris Hoschouer, both of Julesburg, and Myka Landry of Kiowa.

Miscellaneous decisions

•  A Wheat Ridge police officer should not have looked in a vehicle’s hidden compartment during a pre-towing inventory, but the 10th Circuit nonetheless upheld the search as constitutional when it turned up a stolen handgun.

•  An inmate asked the court to appoint a medical expert because he could not afford one. The court said no, and sided against him on his medical claims. The 10th Circuit said the decision was correct, even if it seemed unfair.

•  The Biden administration has nominated Cole Finegan, a former Denver city attorney and staffer to Democratic politicians, to be U.S. Attorney for Colorado.