Shortly after his birth in Santa Fe, N.M., W. Eric Kuhn recalled his parents bought a large amount of land in northern New Mexico, where he and his brother grew up isolated from other families.

“I remember at least stories of the teachers at the elementary school who were worried about these ‘off-the-grid kids’ living out in the country. And imagine my shock when I learned I was one of these off-the-grid kids,” said Kuhn. “But that worry was misplaced, at least for me. I was so fortunate to have parents who were so dedicated to us.”

Kuhn, speaking on Friday, was formally sworn in as a judge on the state’s Court of Appeals, in what is known as an investiture ceremony. Most of the court’s 22 members, several justices from the Colorado Supreme Court and Kuhn’s former boss — Attorney General Phil Weiser — were in attendance.

Gov. Jared Polis announced Kuhn’s appointment in June of last year, and Kuhn has since been handling cases on the appellate court. But the COVID-19 pandemic delayed his ceremonial investiture until recently. Chief Judge Gilbert M. Román described how Kuhn had joined the court during unusual circumstances, with many judges still working remotely. Kuhn told him early on it was “really quiet” around the courthouse.

“I interpreted that, just from the tone and the way you said it, that first of all you missed your colleagues and friends at the attorney general’s office,” Román said. “And also that you weren’t getting a great opportunity to meet a lot of your colleagues because so much of it was still by Webex. And I thought, that’s not an ideal situation to start as a judge.”

A graduate of Colorado College and the University of Denver’s law school, Kuhn worked for more than a decade with the Colorado Attorney General’s Office. He was involved in appeals before the Supreme Court and Court of Appeals, plus the federal U.S. Court of Appeals for the 10th Circuit. 

Kuhn spent several years working in the office’s health care unit, including when the COVID-19 pandemic hit. Kara Veitch, Polis’ chief legal counsel who is involved in the appointment of judges, described Kuhn’s experience representing the state in early legal challenges to the pandemic response.

“One of the things that made Judge Kuhn’s appointment unique is that he worked directly with the governor’s office before being appointed,” she said. “Judge Kuhn focused on healthcare, public health, litigation and complex constitutional legal questions that face governmental agencies. And the state and the people here are better for his work.”

Weiser elaborated on a high-stakes legal victory for the state in which Kuhn defended the constitutionality of the hospital provider fee, a mechanism to cover health care costs for uninsured patients and those receiving insurance through Medicaid. When the Supreme Court declined to hear the challengers’ appeal last year, the Colorado Department of Health Care Policy and Financing noted the hospital provider fee supports coverage to approximately 500,000 Colorado residents.

Kuhn’s additional work during the pandemic included “standing up a public health operation and giving guidance that many of us, including me, did not know existed,” Weiser said. “As I learned from Eric, the state and county public health departments had this wide authority to act, imposing restrictions that would guide action during this public health emergency.”

Kuhn’s legal history also includes successfully defending before the Supreme Court the state’s payments to Rocky Mountain Planned Parenthood for non-abortion services, after former Republican Lt. Gov. Jane Norton filed a legal challenge to the practice.

Attendees at Kuhn’s investiture heard about his sense of humor, work ethic and willingness to volunteer in court leadership roles. Román described Kuhn speaking up in a meeting to defend the work-life balance of court staff.

“That stuck with me, and I heard from law clerks later that it stuck with them, too,” he said.

After Kuhn’s formal swearing in by Justice Monica M. Márquez, Kuhn praised his parents and his former colleagues and clients with the attorney general’s office for their patience and mentorship.

“Many of the people I know in this room I met through that work and some of you have become like a second family to me. I’m so grateful for your support and your friendship,” he said.

The Court of Appeals is conducting ceremonial swearings in for all of its members who joined just prior to or during the pandemic. Last month, it held a joint investiture for three judges and there is a final ceremony scheduled in August for the most recent appointee, Judge Timothy J. Schutz.