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

Two high-profile proceedings unfolded last week in state court, with the question of a former president’s eligibility to ever hold office again being litigated in Denver and an Aurora officer’s manslaughter charge in the hands of an Adams County jury.

Insurrection? Disqualification?

?  There is no dispute that on Jan. 6, 2021, a mob carrying Donald Trump flags and shouting pro-Trump slogans attacked the U.S. Capitol, halting the certification of President Joe Biden‘s 2020 election victory. Now, it is up to a state judge in Colorado to determine whether that assault was an “insurrection,” whether Trump engaged in it, and whether his conduct constitutionally disqualifies him from seeking the presidency again.

?  Trump and the petitioners who are seeking to block him from the ballot under the 14th Amendment’s disqualification provision for insurrectionists presented evidence and testimony last week over the nature of Trump’s involvement, and the historical application of the 14th Amendment. It is the first-of-its-kind hearing in the country, given its focus on a former president’s conduct.

?  On Monday, District Court Judge Sarah B. Wallace declined to recuse herself from the case over a $100 donation she made before she became a judge to a Democratic advocacy group that likened Jan. 6 to an insurrection. She then heard from two police officers who responded to the Capitol attack and described the Trump-aligned nature of the mob, as well as from U.S. Rep. Eric Swalwell, D-Calif., who described his perception that Congress’ safety was linked to Trump’s incendiary statements. 

?  On Tuesday, an expert in extremism tied Trump’s repeated words and actions to the violent response of the Capitol rioters, and a national security expert testified about Trump’s inaction as he watched his supporters attack the legislative branch.

?  On Wednesday, Wallace rejected Trump’s motion to resolve the case in his favor, saying she needed to examine the interplay between the 14th Amendment’s disqualification provision and the possible protection the First Amendment provided for Trump’s speech, among other reasons. Testimony continued with a 14th Amendment expert who suggested Trump’s conduct could fit squarely within the historical use of the disqualification provision, and two of Trump’s witnesses spoke about the administration’s actions leading up to Jan. 6.

?  On Thursday, U.S. Rep. Ken Buck critiqued the congressional select committee’s report into Jan. 6, which found Trump bore responsibility. Also, witnesses who were present in D.C. for Jan. 6 testified to the “festive” atmosphere – before being shown clips of Trump supporters yelling, “Invade the Capitol!”

?  Finally, the hearing concluded on Friday with a Jan. 6 committee staffer who responded to questions about the investigation’s potential bias against Trump, and a legal scholar testified about his understanding of the 14th Amendment – despite not being an expert in the disqualification provision.

 ?  What happens next? This week, the parties will submit their proposed findings of fact and conclusions of law, which Wallace will incorporate into her ruling. On Nov. 15, there will be closing arguments. That triggers a 48-hour window for Wallace to issue an order. The decision about Trump’s eligibility to appear on next year’s ballot will be appealable to the Colorado Supreme Court and, from there, the U.S. Supreme Court.

 ?  There was heated disagreement about the issues inside and outside the courtroom. But near the end of the hearing, Trump’s attorney, Scott Gessler, disclosed both sides have “been able to operate pretty well.” Sean Grimsley, a lawyer for the petitioners, responded: “It’s actually true.”

Continued proceedings in Elijah McClain death

?  After a jury convicted one officer and acquitted another of the 2019 killing of Elijah McClain in Aurora, a third defendant, Nathan Woodyard, is standing trial for manslaughter and criminally negligent homicide.

?  Woodyard, a police officer who testified about his response to the 911 report that McClain was acting suspiciously, said he put the 23-year-old in a chokehold because he was “expecting to get shot.” Instead, it was McClain who died from the encounter several days later in a hospital.

?  An expert witness testified the police’s restraint of McClain, coupled with the injection of ketamine, subjected him to a “much greater” risk of death. However, a former Adams County coroner’s employee disputed that conclusion.

?  After hearing closing arguments – with prosecutors blaming McClain’s death on choices Woodyard made, and the defense citing the responding paramedics’ own responsibility – the jury is now deliberating. Colorado Politics’ sibling publication, The Denver Gazette, will be covering the verdict.

Heard on appeal

?  For the second time this year, the state’s Court of Appeals found a man who insisted on representing himself in a criminal case wasn’t fully advised of the consequences of his decision by the trial judge.

?  An Alamosa County judge rejected a defendant’s request for a sentence reduction solely because it was “not well taken.” The Court of Appeals had no idea what that meant and ordered another examination of the request.

In federal news

?  A federal judge slapped $1.5 million in sanctions on the plaintiffs’ attorneys in a corporate malfeasance case, reasoning they were responsible for bringing a “fatally flawed” lawsuit. That came as a surprise to the attorneys, and to the U.S. Court of Appeals for the 10th Circuit, because the judge seemed cool with the case all the way through to trial.

?  Because of the 10th Circuit’s interpretation of recent sentencing reform laws – which is more restrictive than other appeals courts’ readings – a federal judge said her “hands are tied” and she cannot alter a pair of defendants’ life sentences. 

Vacancies and appointments

?  There are three finalists to succeed retiring District Court Judge Patricia Herron in the 18th Judicial District (Arapahoe, Douglas, Elbert and Lincoln counties): Arapahoe County Court Judge Chantel Contiguglia, Natalie G. Stricklin and Daniel W. Warhola.

?  The governor also has three candidates for an upcoming vacancy in the First Judicial District (Jefferson and Gilpin counties) with the retirement of District Court Judge Randall C. Arp: Kellie R.N. Fetter, Melissa A. Garscin and Contiguglia, the Arapahoe County judge also in the running for the other vacancy.

Miscellaneous proceedings

?  Gilbert “Gil” Martinez, the former chief judge of the Fourth Judicial District (El Paso and Teller counties), has died at age 72, The Gazette reported.