Colorado Politics

Colorado Supreme Court’s transition plan, fallout from judicial disclosure lapses | COURT CRAWL

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

The state Supreme Court has set itself apart from its peers around the country by developing a written transition plan for its chief justices, and a recent report about judges’ financial disclosures has drawn the interest of Colorado’s judicial discipline body.

An ‘onboarding’ document

 An investigation into a judicial branch contracting scandal recommended last year that the state Supreme Court, among other things, provide more assistance to incoming chief justices about how to perform the administrative aspects of the job before they take office. In response, the Supreme Court has drafted a chief justice “onboarding” plan that outlines the steps the incoming chief will take three to four months before their swearing-in, continuing through their first two years in office.

?  Colorado Politics couldn’t locate another state that has created an identical transition timeline, although certain states do give orientation materials to their incoming chiefs. The Colorado Supreme Court’s plan triggered some interest from other court officials.

 “I think it would be wise for our Supreme Court to consider something like this proactively.” -Meredith Montgomery, clerk of Alaska’s appellate courts

From left, Colorado Supreme Court Justice Monica M. Márquez, Chief Justice Brian D. Boatright and Justice William W. Hood III listen to an argument during a Courts in the Community session held at Pine Creek High School in Colorado Springs on Thursday, Nov. 17, 2022. (The Gazette, Parker Seibold)
Parker Seibold

Judicial disclosure forms

 Earlier this month, The Denver Gazette discovered that many judges across Colorado have not filed financial disclosure forms with the state. Some judges filed their forms incorrectly, while others have not bothered filing at all. Now, The Denver Gazette reports that the Colorado Commission on Judicial Discipline is seeking more information about the approximately 120 judges who allegedly did not comply with the law.

Heard on appeal

 A Lincoln County judge improperly prevented an incarcerated man from defending himself against charges of possessing contraband in prison, the state’s Court of Appeals ruled in reversing his conviction.

 Even though Denver police failed to provide a Miranda warning before interrogating a suspect in custody, the Court of Appeals decided the error didn’t affect a jury’s guilty verdict.

In federal news

?  Although a trial judge believed a Colorado Springs officer unreasonably escalated an encounter to the point of tasing a man, the U.S. Court of Appeals for the 10th Circuit decided the officer’s actions didn’t amount to a clear constitutional violation.

 Because an incarcerated man did not file three procedurally correct grievances every time prison officials allegedly harmed him, he cannot sue for his injuries, a judge decided.

?  In recent months, federal judges have clapped back at attorneys for their misbehavior and their incendiary words, with multiple orders for monetary sanctions handed down.

The Byron White U.S. Courthouse in downtown Denver, which houses the 10th U.S. Circuit Court of Appeals.
colorado politics file

Extracurricular activities

 Beyond their usual work of reading and writing opinions, a handful of federal and state appellate judges have published articles in various law journals over the past two years. Colorado Politics located the writings of two state Supreme Court justices and three 10th Circuit judges, which covered subjects related to the law and court operations.

Vacancies and appointments

 The governor has appointed Magistrate Ryan P. Loewer to succeed retiring District Court Judge Lily W. Oeffler in the First Judicial District (Jefferson and Gilpin counties). Loewer has been a magistrate for nearly a decade, primarily handling domestic relations and child neglect cases. Prior to that, he was a public defender.

 Colorado’s U.S. District Court is seeking two attorneys to join its Committee on Conduct, which handles attorney discipline matters. Applications are due by Aug. 25.

Miscellaneous proceedings

?  The state is facing a lawsuit from multiple school districts and education groups over its universal preschool program, which is allegedly failing to accommodate all eligible families. Separately, the Catholic Church is suing to challenge non-discrimination provisions in the preschool initiative.

 Two lawyers with connections to Colorado were among those indicted by a Georgia grand jury for their alleged involvement with then-President Donald Trump‘s efforts to interfere with the 2020 presidential election results.

Courthouse close with Justice inscribed
jsmith, iStock image
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