Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. Nearly all of the state’s Supreme Court justices and a large group of appellate judges spoke to lawyers about judicial operations during an all-day professional event, and high school students in Denver shared their reactions to a pair of Court of Appeals decisions.

Stats, tips and more from the courts

?  The Colorado Bar Association’s legal education arm held its annual Appellate Practice Update in downtown Denver, the first in-person gathering since the COVID-19 pandemic began. Six of the seven Colorado Supreme Court justices, more than a third of the Court of Appeals and two federal judges made appearances, many speaking on panels. The subjects ranged from operational updates to oral argument advice and summaries of recent Supreme Court precedent.

?  Among the informational highlights: The Supreme Court is now deciding cases quicker, with Justice Monica M. Márquez attributing the declining wait times to a workflow change that allows members of the court to better keep up with their assigned cases.

?  Chief Judge Gilbert M. Román of the Court of Appeals pointed out all of the turnover on his 22-member court. There have been nine new judges appointed since 2019, with three more upcoming retirements and key senior employees who are scheduled to exit in the next couple of years. On top of that, the appellate court is also working through a backlog of cases from the early pandemic.

?  The most boisterous panel touched on oral argument strategy, featuring Court of Appeals Judges Craig R. Welling and Stephanie E. Dunn, plus Justice Carlos A. Samour Jr. Oral arguments happen with most appeals to the Supreme Court, but only a fraction of Court of Appeals cases. The judges agreed that oral arguments generally improve the opinions they write, but some attorneys do make the experience harder for themselves.

?  “Welcome softball questions,” Samour said. “I’m throwing you a softball question because I’m trying to convince one of my colleagues, but you’re fighting me!”

Courts in the Community follow-up

?  Last month a three-judge panel for the Court of Appeals heard oral arguments in two real cases at the STRIVE Prep – RISE charter school in northeast Denver. It was part of the judicial branch’s longstanding Courts in the Community program. The panel recently released its decisions in those cases, and the kids who witnessed the arguments shared their thoughts with Colorado Politics.

?  Most responses pertained the appeal of David Joseph Chapel, who was convicted of trespassing after he fled from a chaotic house party early one morning and into subfreezing temperatures outdoors. The trial court judge believed Chapel should not be allowed to raise a “choice of evils” defense to the jury, during which Chapel could have argued that he tried all other alternatives before entering someone’s home for warmth. The appeals panel agreed, but the students held more nuanced views on whether Chapel had options in the moment:

“Technically he did. However, when you are in that kind of scenario, freezing cold to the point where you are in excruciating pain, most people do not think straight. When someone is going through hypothermia, oftentimes they will be so cold they feel hot and start to take their clothes off, freezing to death in the process. So I think seeking warmth in the house was a completely reasonable decision.” -Jay Hoelscher, 11th grade student

Other appeals in the news

?  The Colorado Supreme Court will consider whether four executives from e-cigarette manufacturer JUUL had a sufficient connection to Colorado to be sued individually for their alleged marketing practices to children and young adults.

?  There was no question that three child welfare workers in Mesa County made, in retrospect, the wrong decision to transfer an infant to a foster mother who quickly killed the child. But the workers’ conduct did not rise to a constitutional violation, decided the U.S. Court of Appeals for the 10th Circuit.

?  A man convicted in 2014 of a cold case homicide in Colorado Springs will take a step toward challenging his conviction, after the Court of Appeals ruled that a trial judge must appoint him a lawyer without a conflict of interest.

?  A Larimer County judge decided a child was in an abusive environment after all, even though a jury had just said they didn’t believe that. The Court of Appeals reinstated the jury’s verdict, finding it to be reasonable.

?  Voters in 2020 approved higher taxes as well as a minimum price for cigarettes. A Littleton woman is challenging the constitutionality of the latter provision, but the Court of Appeals will not block the price floor as the lawsuit plays out.

Vacancies and appointments

?  The U.S. Senate voted 51-49 last week in favor of Charlotte N. Sweeney, the Biden administration’s nominee for a vacancy on Colorado’s federal trial court. But she’s still a long way from becoming a judge: The vote was on a “discharge motion” from the Senate’s judiciary committee. Because the Senate is evenly split between Democrats and Republicans, and all Republican committee members opposed her nomination, the entire Senate had to vote to even bring her to the floor.

?  Sweeney, a worker’s rights attorney, still needs two more votes before she’s confirmed. There is no indication when those will take place, and the seat to which she was nominated has been vacant now for eight months. She would be the first openly LGBTQ federal judge in Colorado if confirmed.

?  The governor has three finalists to choose from for a Fourth Judicial District Court vacancy (El Paso and Teller counties). The nominees to succeed Judge Deborah J. Grohs are Monica J. Gomez and Amanda J. Philipps of Colorado Springs, and Theodore P. McClintock of Woodland Park.

?  Applications are due by May 27 for a vacancy on the Montrose County Court to succeed Judge Bennet A. Morris, who is resigning.

?  On Tuesday, the 20th Judicial District Judicial Performance Commission will hold a public comment session on the six judges who will be on the ballot for retention this year in Boulder County.

Miscellaneous decisions

?  A federal jury will decide whether a Texas man defamed a Colorado Springs church and its pastor through his online statements.

?  The Colorado Supreme Court is considering whether the legislature has allowed police to forcibly draw the blood of drunk drivers if they obtain a search warrant.

?  The University of Northern Colorado’s process for investigating a student accused of sexual misconduct, while not perfect, did not violate his constitutional rights.

?  The General Assembly has approved a bill to fund the state’s judicial discipline commission independently, without the Supreme Court’s control of the purse strings.