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

The newest member of Colorado’s U.S. District Court held his swearing-in ceremony last week, and the state Supreme Court interrupted its summer break to announce several cases it will hear.

A Western Slope representative on the bench

?  Although Gordon P. Gallagher is not the first Western Slope resident to serve as a district judge on Colorado’s federal trial court, he is the first to actually have his duty station be located on the Western Slope. Gallagher, who the U.S. Senate confirmed in March, held his formal swearing-in ceremony on Friday in Denver.

?  “We do come to our life and work with the experiences of where we live and what we do and who we’re around on a daily basis. And that informs how we approach a myriad of issues,” said Gallagher, thanking his colleagues for permitting him to stay in his hometown of Grand Junction, where he was a magistrate judge and part-time defense attorney for years.

?  To date, President Joe Biden has appointed a majority of the seven-member court under the guidance of U.S. Sens. Michael Bennet and John Hickenlooper. Each of the appointees has been a “first” in some way, but Gallagher was the first geographical first.

?  And the turnover isn’t finished. In the near term, U.S. Magistrate Judge S. Kato Crews is awaiting a Senate vote to be confirmed as a district judge. If successful, his seat as a magistrate judge will need filling. Also, Gallagher’s own former job as a magistrate judge is open. Finally, U.S. Magistrate Judge Kristen L. Mix is retiring at the end of this week. Her successor, Kathryn Starnella, is on deck to take office next week.

Supreme Court business

?  Although the Colorado Supreme Court is on break from hearing appeals and issuing decisions over the summer, the justices did announce in mid-July that they will hear several cases. Those involve 1.) whether a prosecutor’s explanation for removing a juror of color must have some evidence to back it up, 2.) whether the “Make My Day” home defense law can be used to justify reckless behavior, 3.) whether a man’s right to familial association was violated in light of his sex offender status and 4.) what are the rules for investigating postconviction claims? 

Heard on appeal

?  The state’s Court of Appeals overturned an Eagle County sex assault conviction because the judge allowed a witness to give improper testimony, with some potential prosecutorial misconduct as well.

?  Tenants who want to sue their landlords over uninhabitable conditions must follow the requirements of state law exactly, the Court of Appeals ruled by 2-1 in throwing out a renter’s lawsuit.

?  Criminal defendants who are not competent to stand trial and are subject to forcible medication proceedings have a right to receive effective assistance of counsel.

?  An Adams County judge appeared to lengthen a man’s sentence by five years simply because the defendant did not say the words “I’m sorry.” By 2-1, the Court of Appeals upheld the decision.

?  A Denver judge did not unfairly restrict the evidence jurors could hear in a lawsuit over Planned Parenthood’s liability for a 2015 mass shooting at its Colorado Springs clinic.

In federal news

?  A trio of Gunnison landlords has not complied with their obligation to take certain nondiscrimination measures in the wake of allegations that they discouraged families with children from renting. Now, a judge has set a hearing for next month to determine whether to fine them or potentially jail them.

?  The U.S. Court of Appeals for the 10th Circuit agreed the Colorado Supreme Court didn’t engage in discriminatory hiring when it chose a younger, White woman for a staff attorney position over an older, Black applicant.

?  A federal judge refused to dismiss an excessive force lawsuit against a Pueblo County deputy who shot and killed a man for accidentally getting into the wrong car in a middle school parking lot.

Vacancies and appointments

?  Biden has nominated federal public defender Richard E.N. Federico to fill a Kansas-based vacancy on the 10th Circuit. Federico would be the second public defender if confirmed, following Judge Veronica S. Rossman of Colorado, who was Biden’s first appointee to the Denver-based circuit court.

Miscellaneous proceedings

?  An El Paso County judge has ordered greater transparency for construction contracts and public improvements in a Colorado Springs business improvement district.

?  A lawsuit is challenging the practice of Democratic lawmakers in the General Assembly of taking non-public votes when deciding how to dispense with spending proposals.