Colorado Politics

‘Walking a little bit taller’: Veronica Rossman, a historic appointee, ceremonially sworn in to 10th Circuit

When Veronica S. Rossman’s daughter, Sofia, was in second grade, she approached her mother one night while Rossman was working at home. Sofia wanted to know what she was doing.

“I’m writing a 10th Circuit brief,” said Rossman, at the time a public defender who handled cases in the U.S. Court of Appeals for the 10th Circuit.

Later, at a school conference, a teacher handed Rossman a picture her daughter had drawn: A woman sitting on an elephant next to a circus tent. A caption read, “Mom’s work,” accompanied by the phrase, “Riding tent circus beasts.”

It took Rossman a minute, but she figured it out. “I’m an appellate lawyer,” she explained to the teacher. “I think it means ‘writing 10th Circuit briefs.'”

Now, Rossman no longer writes 10th Circuit briefs. She writes opinions and orders as the newest judge on the 12-member appeals court with jurisdiction over Colorado and five neighboring states. Rossman, who lives in Denver, is President Joe Biden’s first appointee to the powerful body, which is the final stop for virtually all federal appeals in the region.

On Friday, Rossman held her formal swearing-in ceremony to the court, known as an investiture. The U.S. Senate confirmed her in 2021 and she has been a judge for nearly two years, but the COVID-19 pandemic delayed the celebratory event. Attendees at the Byron White U.S. Courthouse in downtown Denver included Rossman’s family and judicial colleagues, as well as public defenders from Colorado and beyond.

The day was particularly meaningful to those who represent the criminally accused, as Rossman is the only judge on the 10th Circuit – and one of a small number of federal judges nationwide – with a background in public defense.

“It seems like it was just yesterday when a bunch of us were sitting around in our conference room watching every vote on the Senate floor, to wait and listen to the bang of the gavel,” said Virginia L. Grady, the head public defender for Colorado and Wyoming. “That vote came at 4:18 p.m. Mountain time and when it did, I want you all to know that for us – at that moment – we were all walking a little bit taller. I know I was.”

A drawing from Judge Veronica S. Rossman’s daughter, Sofia, depicting her mother’s work at the “tent circus” – meaning the U.S. Court of Appeals for the 10th Circuit.

Born in Moscow, Rossman’s family fled the former Soviet Union in the 1970s as Jewish political refugees. They arrived in San Francisco, where her scientist father obtained his medical license and her mother worked in a factory, all while supporting other new immigrants.

“What I remember is how much they loved being free. Free to express themselves and live their lives in the United States,” Rossman said. “Immigration is an act of courage. It takes hope.”

After graduating law school, Rossman spent time in Washington, D.C., but her husband, also an attorney, prompted a move to Denver. Once there, Rossman worked for over a decade as a federal public defender.

“She represented more than 250 indigent clients, usually fighting against long odds and always fighting for the American ideal that everyone deserves equal justice under the law,” said U.S. Sen. Michael Bennet, who spoke via a recorded video message.

Historically, public defenders were a rarity on the federal bench. A Brookings Institution analysis showed judicial appointees with public defender experience ranged from a high of 14% under Barack Obama to a low of 1% under George H.W. Bush. Since Biden came into office, nearly one-third of his appointees have been public defenders.

U.S. District Court Judge Raymond P. Moore, who was the head public defender at the time Rossman joined the office as an appellate attorney in 2010, spoke about the significance of having someone with Rossman’s personal and professional background on the 10th Circuit.  

“It’s important to your family. It’s important to those of minority religions. It’s important to those who are immigrants. It’s important to those who come from other cultures. And it’s also important to those that you’ve worked with,” Moore said.

“On behalf of my fellow judges of the District of Colorado, go easy on us,” Moore added to laughter. “And I congratulate you for your ascension to the ‘tent circus.'”

Veronica S. Rossman, President Joe Biden’s nominee to the U.S. Court of Appeals for the 10th Circuit, testifies before the Senate Judiciary Committee on June 9, 2021.

Grady, the current leader of the public defender’s office who suggested to Colorado’s senators that Rossman fill the 10th Circuit vacancy, similarly thanked Biden for showing that those who defend poor clients facing criminal charges can rise to the highest levels of the justice system.

“Making people seen and heard. That’s what federal public defenders do every day and Veronica was exceptionally good at it,” Grady said.

In her remarks, Rossman reflected on how “improbable” it was to join the court, given that she was so different from her judicial colleagues. She said the work keeps her up at night, but she still displays her daughter’s “tent circus” drawing as a reminder to rethink her perspective, because “things are not always as they seem.”

“In every case, I am always asking myself, have we understood and recited the parties’ arguments correctly? Have we used the plainest language? Have we used the most appropriate tone? Have we shown our work?” she said. “I firmly believe judges have an obligation to explain to ordinary Americans – who our institution seeks to serve – what we do.”

Chief Judge Jerome A. Holmes of Oklahoma emphasized that Rossman’s investiture, in addition to celebrating her appointment, was also meant to give the public a detailed portrait of someone who now wields power over their lives.

“The judicial branch, perhaps more so than any other branch of government, depends on the public’s perception that the actors are competent, ethical and fair. In that regard, what investitures reveal, much more often than not, is a portrait of a man or woman who possesses an admirable but unique combination of legal acumen, upright character and strong work ethic,” he said. “Who, despite other attractive career opportunities, has elected to dedicate their life to serving the public and upholding the rule of law.”

For Rossman, Holmes added, “all of that is certainly true and then some.”

Attendees of Rossman’s investiture included most of the 10th Circuit’s judges, who were in town following a week of oral arguments; U.S. District Court Judges Philip A. Brimmer, Charlotte N. Sweeney and Nina Y. Wang; U.S. Magistrate Judges Scott T. Varholak, S. Kato Crews and, N. Reid Neureiter; Attorney General Phil Weiser; and judges from Colorado’s state courts.

Paige Herwig, senior counsel to Biden, was also present, having been a key driver in the president’s push to diversify the bench. Rossman personally thanked Herwig, as “none of this would have happened without you.”

There is currently one vacancy on the 10th Circuit, which has persisted for more than two years since Senior Judge Mary Beck Briscoe of Kansas stepped down from active service in early 2021. The White House has not named a nominee.

The program for Judge Veronica S. Rossman’s investiture to the U.S. Court of Appeals for the 10th Circuit.

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