Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government.

Colorado has a new federal judge following the U.S. Senate’s latest confirmation vote, and members of the legal community told the state Supreme Court about the virtues and pitfalls of virtual proceedings.

Senate considers 2 Coloradans for judgeships

?  By a vote of 53-43, the Senate confirmed U.S. Magistrate Judge Gordon P. Gallagher to the state’s seven-member U.S. District Court. He will succeed Senior Judge William J. Martínez, an Obama administration appointee who stepped down from active service last month.

?  Gallagher is the second magistrate judge in Colorado to ever be elevated to a lifetime appointment and the only district judge since 1989 to live on the Western Slope. It’s unclear whether Gallagher will remain in Grand Junction or if he will come to Denver with the other active judges. He has yet to be sworn in.

?  On the same day, the Senate Judiciary Committee heard from another Colorado nominee: U.S. Magistrate Judge S. Kato Crews. He is the White House’s choice for the U.S. District Court given the planned retirement of Judge Raymond P. Moore in June.

?  Crews has been a magistrate judge since 2018 and prior to that, represented primarily employers in civil matters. But several civil rights and workers’ rights attorneys vouched for Crews’ integrity, as did multiple bar associations and one state Supreme Court justice.

?  Crews made news at the hearing, and not in a good way. U.S. Sen. John Kennedy, R-La., recited a list of Crews’ orders and recommendations that had been reversed on appeal – 18 out of roughly 1,500 total. Then he asked Crews if he knew the holding of the U.S. Supreme Court’s 1963 decision Brady v. Maryland. The case pertains to prosecutors’ obligation to turn over exculpatory evidence to the defense. Instead, Crews guessed it was “something regarding the Second Amendment.”

?  Online, the comments were harsh, with some people deeming him “incompetent” and others suggesting Crews’ race and not his resume was the reason for his nomination. In Colorado, however, the reaction was far more measured, with lawyers who practice in the federal courts telling Colorado Politics they aren’t worried about Crews.

?  “Judges confront so many different legal issues on a day-to-day basis. They can’t know everything off the tops of their heads. They can and should have appropriate time to research the law and analyze the facts (before) reaching a decision.” -Adam Mueller, appellate attorney for criminal cases at Haddon, Morgan, and Foreman

In other federal news

?  A federal judge declined to alter her ruling or authorize an appeal, meaning a tenant in Denver can pursue her claims against Colorado’s self-styled “#1” eviction law firm for its alleged misrepresentations.

?  Two men’s claims of being unlawfully arrested at Denver Union Station may proceed against a police officer, a federal judge decided. But the preliminary evidence suggests the plaintiffs may have a hard time showing the officer lacked probable cause, as the men were harassing passersby with a megaphone just before their arrest.

?  The U.S. Supreme Court hasn’t drawn a firm line at when an undocumented immigrant’s detention without a bond hearing becomes unconstitutional, but a federal judge deemed a woman’s 14-month detention in Aurora had crossed that line.

?  A man has been suing Denver area law enforcement and store security officers for wrongfully detaining and searching him when he leaves with his purchases and refuses to show his receipts. Although some lawsuits have been thrown out, a federal judge allowed his claims against an Aurora police officer to proceed.

Virtual court hearings and livestreaming

?  Last month, the Colorado Supreme Court solicited public comment on a pair of chief justice directives that seek to provide uniform guidance on livestreaming and virtual court hearings, which became necessary during the early COVID-19 pandemic but still remain popular. More than 100 people and organizations sent their thoughts to the Supreme Court, with most asking for tweaks to the proposed rules.

?  Among the benefits people touted? Virtual hearings are safer for victims, they enable attorneys to represent clients in rural areas and they reduce failure-to-appear rates among litigants. The cons? People can hijack virtual proceedings, it can be more work for the judges and not everyone has great technology.

Heard on appeal

?  A lawsuit seeking $140 million in damages against a Lakewood-based special district is back, after the state’s Court of Appeals ruled a Jefferson County judge wrongly found an agreement involving the district was void as a matter of law.

?  An El Paso County juror told the trial judge she “wouldn’t give him (the defendant) a fair trial.” Nonetheless, she was allowed to serve on the jury. The Court of Appeals concluded that was the proper outcome.

?  An Adams County judge denied a defendant’s challenge to his conviction, partly because he didn’t sign his name on the form. The Court of Appeals said the judge’s reaction was improper.

Vacancies and appointments

?  The governor has appointed defense attorney and former military prosecutor John G. Scott to the Lake County Court, where he will succeed now-District Court Judge Jonathan Shamis.

?  There are three finalists to fill the seat of the late Boulder County Court Judge Kristy Martinez: Shana Beggan and Magistrates Monica Haenselman and Elizabeth Kelley.

?  Applications are due by April 14 to succeed retiring Pueblo County District Court Judge Larry Schwartz, with the vacancy effective in late May. Applications are due by May 5 to fill a seat on the Ninth Judicial District Court (Garfield, Pitkin and Rio Blanco counties) being vacated by Chief Judge James Berkley Boyd, effective July 1. Also on July 1, 17th Judicial District Court Judge Robert W. Kiesnowski Jr. will retire. Applications for the seat in Adams and Broomfield counties are due on May 5.

Miscellaneous proceedings

?  Denver is seeking to dismiss a challenge to the redevelopment plan for Park Hill Golf Course in court, while voters will weigh in shortly via a related ballot initiative.

?  There are $1.9 million available in court security grants for counties with a below-average population and above-average poverty rate. Applications are due to the Judicial Department by April 21.