A federal judge has dismissed a former law student’s claims against the Denver County Court, acknowledging by all accounts the student’s semester in the courthouse did not go well, but that his allegations of disability-related retaliation were not viable.

Ethan West-Helmle graduated from the University of Denver’s law school several months after failing an externship with the Denver District Attorney’s Office. He was assigned to a specific courtroom in Denver County Court where, as described in court documents, he grew frustrated with the presiding magistrate and she was equally frustrated with him – allegedly to the point of banning West-Helmle from her courtroom.

West-Helmle filed a lawsuit against the DA’s office, the university, the county court and Magistrate Melissa Trollinger Annis, accusing them of disability discrimination based on a prior stroke that affected his work performance, and of retaliating against him when he alerted the Colorado Attorney General’s Office to the discrimination.

On April 14, U.S. District Court Judge Ramyond P. Moore rejected West-Helmle’s retaliation claims against the Denver County Court. Moore cited multiple reasons, including West-Helmle’s failure to credibly link his 2018 report of discrimination to any vindictive response by Annis.

There was evidence, Moore wrote, “that neither Annis nor any agent or employee of Courtroom 4C received any notice about Plaintiff’s March 2018 complaint or communicated with Plaintiff’s professors that he should not pass his externship.”

In an email, West-Helmle, who represented himself in court, implied he would be appealing the judge’s order.

“This judge is retiring, and he goes out with a bang,” he said. “There is not a finer case to survive Raymond Moore’s tenure. If the 10th Circuit does not see past his shenanigans, then the Supreme Court will.”

Moore will become a part-time senior judge in June. There is no indication he will cease presiding over West-Helmle’s case at that time.

West-Helmle’s lawsuit and supporting documents portrayed a frustrating experience for everyone working in Annis’ courtroom, 4C, during the fall of 2017.

West-Helmle was one of multiple externs assigned to 4C to work on criminal prosecutions. In his telling, a prosecutor made fun of his unusual typing technique, which was the product of his stroke. Then Annis flew “into an outrage” when he asked a question about a statement she made. In mid-October, West-Helmle’s supervisor told him Annis had “banned” him from 4C, allegedly by saying, “This is my COURT, MY ROOM, MYYYYY RULES!!”

His supervisor ultimately recommended to DU that he receive a failing grade. Consequently, the university failed West-Helmle for his externship.

In March 2018, West-Helmle sent a notice of his intended lawsuit to the attorney general’s office, which he claimed made its way to the Denver County Court. Unidentified persons then allegedly contacted the university, resulting in a committee upholding West-Helmle’s failing grade on appeal.

That series of events, West-Helmle alleged, stemmed from his stroke-caused disability and a failure to accommodate him as federal law requires.

Evidence in the case corroborated the difficulties West-Helmle encountered in courtroom 4C, including another extern’s description of Annis’ belligerence. But a more complete picture of West-Helmle’s own performance also emerged:

? There were “concerns he was advising defendants improperly, making misrepresentations to the court, and had an inability to justify some of the (plea) offers he was making,” wrote Chief Deputy District Attorney Christine A. Washburn in a report addressing West-Helmle’s application to the bar

? Deputy District Attorney Ashley Daly Morgan wrote in an email that she was “very concerned with how our office is being represented in 4C,” after Annis gave her a “laundry list” of problems with DU’s externs

? Annis threw West-Helmle out of her courtroom because of “how he was engaging with others,” which included raising his voice and using “derogatory language about his supervisors,” wrote DU employee Christopher Engle-Newman

? After West-Helmle wrote in an email that he wanted to “punish” his supervisors, the chair of the committee that heard West-Helmle’s appeal said he would “not permit my Committee to serve this function for you”

In 2021, U.S. Magistrate Judge Scott T. Varholak recommended dismissing several of West-Helmle’s claims. Because Annis barred West-Helmle from her courtroom pursuant to her role as a judge, she had immunity from being sued. Further, West-Helmle had not shown he was a person with a disability under federal law, nor had he apparently asked for an accommodation from the DA’s office.

Moore, the district judge, agreed with Varholak’s recommendation. While Annis was entitled to immunity, Moore indicated the Denver County Court could still be held liable if other employees were involved in any retaliation. He waited for the evidence to shine more light on what occurred.

In late 2022, the Denver County Court asked for a ruling in its favor, noting the information now showed West-Helmle’s allegations of retaliation stemmed solely from Annis’ conduct, for which she had immunity.

Moreover, “DCC did not retaliate against Plaintiff because Magistrate Annis was not informed by the AG’s Office about the Notice (of a lawsuit),” wrote the Denver City Attorney’s Office. “Likewise, there is no evidence that any communication from Magistrate Annis or anyone affiliated with the DCC played any part in DU upholding Plaintiff’s failing grade.”

Moore agreed on all fronts and dismissed the Denver County Court from the lawsuit. The only remaining claim is West-Helmle’s allegation that DU violated federal law against disability discrimination.

The case is West-Helmle v. Denver County Judiciary et al.