The state’s Judicial Department acknowledged making modifications in the wake of confusion from litigants and from the Court of Appeals, owing to one chief judge’s decision to designate a judicial officer in southern Colorado as an “acting district judge.”

Third Judicial District Chief Judge Leslie J. Gerbracht began assigning Dawn Mann to act as a district court judge in cases beginning on March 18, 2020. Mann is a part-time Huerfano County Court judge, as well as a magistrate. District judges handle a broader array of cases and more serious criminal and civil matters than either county judges or magistrates.

The Court of Appeals first raised its eyebrows at Mann’s status in September 2021, after Mann terminated a mother’s parental rights in Las Animas County during her appointment as acting district judge. Although Colorado’s constitution allows for the assignment of county judges to fill in as district judges, nothing permits magistrates — who are hired by the district courts to perform preliminary criminal and certain civil functions — to exercise the authority of a district judge.

At first, the appellate court voided Mann’s order but reversed itself six months later. After learning more about the timing and the circumstances of the “acting district judge” order, the Court of Appeals concluded Mann was neither practically nor legally handling the case as a district judge. Her termination order was still valid through her status as a magistrate.

But last month, another three-judge panel of the Court of Appeals addressed lingering confusion over Mann’s authority. Mann terminated another mother’s parental rights after Gerbracht issued her “acting district judge” order. The mother’s attorney questioned the “magistrate’s jurisdiction” to hear the case, while Mann countered she was assigned “as a county court judge acting as a district judge.”

In a June 23 opinion, the Court of Appeals reiterated there was no authority to appoint a magistrate to act as a district judge, but this time Gerbracht had made a valid appointment through Mann’s status as a county court judge.

“Mother argues that it is unclear whether the chief judge appointed Judge Mann in her capacity as a county court judge or because she served as a magistrate. Indeed, the order refers to the judicial officer as ‘the Honorable Dawn Mann’,” observed Judge Jerry N. Jones, acknowledging the ambiguity of the descriptor. But “Judge Mann signed the termination order as a ‘county court judge.'”

Jon Sarché, the deputy public information officer for the Judicial Department, did not know how many cases Mann had handled as an “acting district judge,” but conceded that not all of Gerbracht’s initial orders made clear to litigants that Mann’s appointment was through her status as a county court judge.

“Sometimes, it is brought up on the record, especially when Judge Mann is handling a felony,” Sarché said. “However, for the most part, she relies on the written order of assignment and when acting as a district court judge, all orders are signed as ‘acting district court judge’.”

He added that after the Court of Appeals’ initial decision in September, the judicial branch made an “adjustment” to clarify the basis for Mann’s appointment.

“Since then, all appointment orders refer to her as county judge acting as a district judge,” Sarché said.