Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. The state Supreme Court is hearing a grand total of two oral arguments this week, plus the latest Colorado Politics cover story explores what happened when the misconduct complaints against a sitting U.S. Supreme Court justice came to Colorado.

Supreme Court gets down to light business

?  The Colorado Supreme Court holds its monthly oral arguments this week and the schedule could probably fit on a Post-it note. There are only two cases scheduled for Tuesday – September, for comparison, had six cases and October had six plus two hearings for the redistricting plans. Chief Justice Brian D. Boatright told Colorado Politics previously that the court is hearing cases as soon as they are ready.

?  The two appeals on the docket are:

People v. Brown: This case from Denver District Court concerns an order to suppress the defendant’s statements made after police smelled marijuana from his car.

Magana v. People: Is fire a deadly weapon that can enhance a sentence for arson? Also, can an arsonist be charged separately for each building, piece of property or individual they endanger?

?  Speaking of the Supreme Court, there were two major developments last week: First, the justices ruled by 5-2 that a person is entitled to legal representation if they personally cannot afford an attorney, even if they live with people who could conceivably pay for one.

?  Also, the court clarified that state judges who participate in political party caucuses are in violation of the judicial code of conduct. That wasn’t always the case, notably when Colorado chose its presidential nominees solely through the caucus and assembly system.

When the Kavanaugh complaints came to Colorado

?  In the fall of 2018, when the U.S. Senate was considering whether to confirm Brett M. Kavanaugh to the Supreme Court, there were 83 misconduct complaints filed against him with the judiciary. The chief justice referred those to the U.S. Court of Appeals for the 10th Circuit, which is based in Colorado. This week’s Colorado Politics cover story takes a look at what happened with those complaints, why it happened and how some of the original complainants now feel about the process. Here is an excerpt:

For judges who are covered under the law, the complaints typically go to their chief circuit judge. In the case of the 10th Circuit, which encompasses Colorado and five neighboring states, that is Timothy M. Tymkovich, a 2003 appointee of President George W. Bush from Colorado.

In the 10th Circuit, Tymkovich has dismissed the large majority of complaints against judges. Most recently in October 2021, he tossed a pair of complaints that pertained to three unnamed magistrate judges and one district court judge somewhere within the circuit. Tymkovich determined the allegations were either unsupported or they challenged the judges’ rulings in cases.

Such an outcome tracks with Colorado’s own process for investigating misconduct allegations against state judges, in that judicial misconduct complaints are not generally the place to contest judicial rulings.

However, inaction is not a foregone conclusion.

In June 2021, the Judicial Council of the 10th Circuit recommended that one trial court judge from the Northern District of Oklahoma step down from active duty in response to a complaint. A special committee concluded that District Court Chief Judge John E. Dowdell “suffers from a medical condition that prevents him from continuing to work effectively as an active district judge.” Three days after Tymkovich signed the order, Dowdell entered semi-retirement.

“A problem we have with almost every profession,” said Vernellia Randall, a retired law professor who was one of the Kavanaugh complainants, “is that they try to discipline themselves and they don’t do a good job. They have a hard time because ‘there, but for the grace of god, goes me.’

Federal cases

?  A federal judge tossed a challenge from several construction trade associations to Denver’s COVID-19 vaccine mandate for contractors. U.S. District Court Judge Christine M. Arugello decided she didn’t have jurisdiction to hear the lawsuit.

?  A man wanted to erect a digital billboard called a “Combolisk” in Castle Rock, and claimed his free speech rights were violated. A magistrate judge noted the man had already brought the unsuccessful case before.

?  The boyfriend of a Lakewood city council member was forcefully arrested and injected with ketamine. A magistrate judge recommended granting qualified immunity to all of the government employees involved.

?  A woman was detained for two weeks without bond in Mesa County while waiting for transportation to the Boulder County jail. She sued both counties’ sheriffs and Mesa County’s chief judge. A federal magistrate judge, noting the state constitution gives a right to bail, recommended letting the claims proceed against the sheriffs only.

?  Attorney General Phil Weiser should not face liability for allegedly deleting a man’s comments on his Facebook page, a magistrate judge recommended.

Vacancies and appointments

?  The governor has appointed criminal defense attorney and former prosecutor Cynthia A. McKedy to the El Paso County Court, where she will succeed retiring Judge Doug Miles.

?  There are three finalists for a Routt County Court judgeship following the retirement of Judge James H. Garrecht. The governor will choose from elected District Attorney Matthew Karzen, assistant county attorney Lynaia South and defense lawyer Erin Wilson.

?  In related news, retired Denver County Judge Gary M. Jackson was inducted over the weekend into the Blacks in Colorado Hall of Fame. Jackson is an advocate for diversity on the bench and is the seventh Black judge to enter the hall of fame.

Appeals of state cases

?   A La Plata County jury convicted a man of violating his bond conditions. He had consumed alcohol despite his bond paperwork having a check mark next to the phrase “No Alcohol.” The problem? There was no proof a judge ever checked that box, the Court of Appeals said.

?   A Boulder County judge refused to let a man testify before ordering his mental health treatment and involuntary medication. The Court of Appeals deemed it a violation of his rights.

?   Two Denver prosecutors made comments to the jury that, together, were serious enough to affect the fairness of a man’s trial.

Miscellaneous decisions

?  A state Senate committee unanimously backed bills to enhance Colorado’s witness intimidation law and expand a text message reminder program for court dates.

?  Use of virtual court proceedings remains varied in Colorado, in part due to the technical capabilities of some judges.

?  The state’s judicial discipline commission has subpoenaed information from the Judicial Department as part of an investigation into misconduct, The Gazette reports.

?  The attorney general is pursuing a Colorado Springs business that is reportedly practicing law without being licensed.