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

A highly watched criminal trial over the death of a 23-year-old Black man culminated in a split jury verdict, while Colorado’s newest federal judge held her formal swearing-in ceremony.

Police officer found guilty

?  Colorado Politics’ sibling publication, The Denver Gazette, has been following the criminal trial of two Aurora police officers for their role in the 2019 death of Elijah McClain. McClain’s encounter with police and paramedics helped spur the passage of law enforcement accountability legislation in 2020.

?  Last week, jurors found one officer guilty of criminally negligent homicide and third degree assault, less serious offenses than the charged crimes of manslaughter and second degree assault. 

?  McClain’s mother, Sheneen McClain, said the verdict was not a victory because convicted officer Randy Roedema “had accomplices. He had buddies with badges who are all bullies.” Here is The Denver Gazette’s most recent coverage of the trial:

Defense attorneys to ask for body cam to be limited in third Aurora officer’s trial

Jury deliberating case of two Aurora officers in Elijah McClain’s death

No verdict in Aurora officers’ trial in Elijah McClain death

New federal judge ‘never does anything halfway’

?  U.S. Magistrate Judge Kathryn A. Starnella joined Colorado’s federal trial court in August after years working for the state attorney general, in private practice and as a clerk for U.S. District Court Senior Judge Christine M. Arguello. The daughter of a Uruguayan father and a Trinidadian mother, Starnella spent months preparing for her new job, including by shadowing her predecessor during a trial.

?  Illustrating Starnella’s go-getter attitude, Arguello recalled during Starnella’s formal swearing-in ceremony last week how she recommended Starnella get involved in the Hispanic and women’s bar associations when she arrived in Colorado. “That was early in our relationship, so I didn’t realize Kathryn never does anything halfway,” Arguello said. “How was I supposed to know that ‘getting involved in’ meant ‘becoming the president of both organizations!'”

?  Starnella is the second person to recently join the federal bench directly from the Colorado Attorney General’s Office, following the appointment of U.S. Magistrate Judge Maritza Dominguez Braswell last year. Attorney General Phil Weiser attended the ceremony to praise both women, as well as other members of his office who now sit on the state bench.

?  Across the board, there is only one vacancy at the U.S. District Court: the seat of Senior Judge Raymond P. Moore, who transitioned to semi-retirement this summer. The nomination of his successor, U.S. Magistrate Judge S. Kato Crews, is stalled in the Senate. The offices of U.S. Sens. Michael Bennet and John Hickenlooper have not responded to Colorado Politics’ questions about when Crews will receive a vote.

Heard on appeal

 ?  By 2-1, the state’s Court of Appeals decided Colorado law prohibits libraries from disclosing the identities of people who request materials be removed from the shelves under established protocols.

 ?  A Denver judge had no reason to bar a key witness from testifying at his friend’s criminal trial, prompting the Court of Appeals to overturn the convictions and 64-year prison sentence.

In federal news

?  There is no weekend and holiday grace period for people who must either voluntarily leave the country or file a motion in their immigration proceedings, the U.S. Court of Appeals for the 10th Circuit ruled.

?  A Black teacher whose contract wasn’t renewed failed to prove the Cherry Creek School District discriminated against her for non-performance-related reasons, the 10th Circuit decided.

?  The 10th Circuit dismissed the appeal of a man who pushed his wife to her death in Rocky Mountain National Park and now claims his trial lawyer was constitutionally ineffective.

?  A federal judge agreed that her colleague, U.S. Magistrate Judge Susan Prose, did not need to recuse from a man’s lawsuit just because Prose had previously worked to defend the government against civil claims like the one at hand.

?  A federal judge declined to dismiss a civil rights case against two Timnath officers who allegedly used force on a disabled child acting out in an elementary school.

?  A medical contractor for Colorado’s state prisons needs to get a suicidal detainee immediate care for his diseased colon, a federal judge ordered.

Vacancies and appointments

?  Applications are due by Oct. 27 to succeed Gilpin County Court Judge David Taylor, who is resigning. The position is part time and does not require a law degree.

?  The Denver County Court is seeking applicants for a full-time magistrate position. Applications are due by Nov. 3.

?  There are three finalists to succeed retiring Denver District Court Judge Shelley I. Gilman: Arapahoe County Magistrate Heidi L. Kutcher, Jon Jay Olafson and Westminster Municipal Associate Judge Rebekah Bailey Watada.

Miscellaneous proceedings

?  Justice Melissa Hart spoke at a discussion centered on federal and state constitutions, where she observed that Colorado’s constitution is more protective of certain rights than its national counterpart. She also encouraged lawyers to think creatively about bringing challenges to the state Supreme Court on issues that traditionally don’t get appealed, like evictions.

?  A Denver judge denied former President Donald Trump‘s attempt to use Colorado’s law protecting free speech to dismiss claims that he’s disqualified from appearing on the 2024 presidential ballot.

?  Children’s Hospital Colorado is suing the U.S. Department of Defense over reductions to insurance reimbursements, estimated at more than $17 million.

?  Nearly 40 people from the Philippines are suing construction contractors who worked for the 2022 FIFA World Cup in Qatar, accusing them in Colorado’s federal court of engaging in human trafficking and forced labor.

?  The week of Oct. 23, the Colorado Judicial Department will offer resource events for self-represented litigants at a dozen locations across the state.

On break

?  The Court Crawl will return in two weeks.