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

The American Bar Association held its annual meeting in Denver last week (and it continues through Tuesday), and two federal judges backed an unusual request for full-court consideration of a procedural immigration issue.

High-profile trials, misconduct and more

?  The ABA’s annual meeting began last week in Denver and is still ongoing, with an address from U.S. Attorney General Merrick Garland happening this morning. While the meeting brought attorneys and judges from across the country to speak and attend panel discussions, some voices from Colorado made it onto the stage.

?  Attorney General Phil Weiser spoke to a luncheon crowd about his office’s initiatives working with local governments, the proposed Kroger-Albertsons merger and his thoughts on election integrity. Denver District Court Judge Adam J. Espinosa, a former lawyer with Colorado’s attorney regulation office, gave his advice for approaching judicial and legal misconduct.

?  “A lot of times we might not see our own faults and errors, and someone else might see them clearly. When you have a trusted colleague that can share with you whatever feedback they have … I hope we can develop a culture where that is acceptable and normal and a positive thing,” Espinosa said.

?  One of the more electrifying discussions involved two state trial judges – Eric M. Davis of Delaware and Clifton Newman of South Carolina – who recently handled cases that made national headlines. For Newman, it was a murder trial involving prominent attorney Alex Murdaugh. For Davis, it was a defamation lawsuit by Denver-based Dominion Voting Systems against Fox News.

?  Although Davis had an appreciation for the once-in-a-lifetime experience, he was nonetheless put off by the attention he received from the media: “They asked for a photograph. I’m like, no,” he said. “I really did not want to be a part of this process. … The parties, they could be front and center.”

Immigration decisions

?  Last week, the U.S. Court of Appeals for the 10th Circuit revived a man’s petition for protection against torture. The man had been beaten and raped by Costa Rican police, but an immigration judge in Colorado believed it wasn’t ironclad that the police were acting as police at the time – even though they were in uniform and driving their police vehicle. The 10th Circuit called the judge’s decision illogical and sent the case back for review.

?  At the same time, in an unusual two-person concurrence, Judges Timothy M. Tymkovich and Allison H. Eid, both Republican appointees from Colorado, urged the entire 10th Circuit to review the case in an “en banc” hearing with all judges, rather than the usual three-judge panel. En bancs are very rare in the 10th Circuit, and happen less than once per year on average. A majority of the 11 members must vote to hold one, meaning Tymkovich and Eid would need four more votes.

?  The question they’d like the 10th Circuit to answer: Has recent U.S. Supreme Court precedent narrowed the window in which a non-citizen who has reentered the country may appeal his deportation order, even if torture-protection proceedings are still ongoing?

?  A man feared his family would torture or kill him if he’s deported to Mali because he deviated from strict Islamic tradition while in the United States. The 10th Circuit said, sorry, we don’t think that’s likely.

?  The 10th Circuit clarified that a conviction in Colorado for felony menacing, even if there’s no injury to a victim, qualifies as a “crime involving moral turpitude” and renders someone deportable.

?  A federal judge determined the government was unjustified in its fight to keep a woman locked up in immigration detention because the federal bench in Colorado has recently made clear that prolonged confinement without a bond hearing is not OK.

In federal news

?  The U.S. Postal Service did not discriminate against or refuse to accommodate a disabled worker when it reassigned her to different positions, the 10th Circuit ruled.

?  A woman has persisted in challenging a foreclosure decision from nearly a decade ago, and a federal judge recently dismissed her claims against the Colorado Supreme Court for its alleged violation of her rights in the case.

?  Jefferson County, two of its sheriff’s deputies and the operators of an assisted living facility may be held liable for the drowning death of a mentally ill man, a federal judge decided.

?  The Bureau of Land Management, for the most part, provided the documents it needed to disclose to an environmental advocacy group after a federal judge ordered it to redo its records search.

?  A male student suing a female student over her allegedly false claims that he sexually assaulted her may not proceed anonymously, a federal judge ruled.

?  An Arapahoe County judge did not inappropriately speak to one party’s lawyers outside the presence of the other party, a federal judge observed, because the other party was in the courtroom when it happened.

Vacancies and appointments

?  Today is the first day for U.S. Magistrate Judge Kathryn A. Starnella, who succeeds two-term Magistrate Judge Kristen L. Mix on Colorado’s federal trial court. Starnella comes to the bench from the Colorado Attorney General’s Office.

?  The governor has appointed public defender Amy Danielle Touart to the Arapahoe County Court, where she will succeed now-District Court Judge LaQunya L. Baker.

?  There are three finalists to succeed retiring District Court Judge Lily W. Oeffler in the First Judicial District (Jefferson and Gilpin counties): Arapahoe County Court Judge Chantel E. Contiguglia, Adam D. Kendall and Magistrate Ryan P. Loewer.

Miscellaneous proceedings

?  Even though attorney John Eastman appeared as unnamed co-conspirator in the latest criminal indictment against former President Donald Trump, he will apparently continue to litigate on behalf of the Colorado Republican Party in an effort to prevent unaffiliated voters from casting ballots in primary elections.

?  In the criminal proceedings against police officers and paramedics for the death of Elijah McClain, the parties discussed trial logistics last week.

?  The Colorado Supreme Court’s ethics panel said it’s OK for a part-time county court judge to also serve as a part-time prosecutor, as long as he’s in a different jurisdiction.

?  The ACLU of Colorado has filed suit alleging Colorado Springs police acted unconstitutionally in obtaining search warrants against housing rights activists.

?  A gun rights group is seeking a federal judge’s intervention to block a new Colorado law that raises the age limit to purchase firearms.