Several key developments occurred in the third branch of government this year, ranging from cases of international significance and appeals that reached the nation’s highest court to new initiatives being taken out for a spin. 

Here is a look at the year’s top issues, decisions and events.

Trump off the ballot

The Colorado Supreme Court generated a political and legal earthquake in December when it decided, 4-3, that Donald Trump is constitutionally disqualified from the 2024 presidential primary ballot because he engaged in insurrection.

“It seems to me a very strong opinion,” said Andrea Katz, an associate law professor at Washington University. She called the decision one of the most consequential by any state supreme court in recent history, and, “I don’t think that’s going out on a limb.”

The U.S. Supreme Court will now likely render its own decision on Trump’s eligibility.

Trials in the death of Elijah McClain

In 2019, Elijah McClain died several days after first responders in Aurora restrained him and injected him with ketamine, based on little more than the 23-year-old’s allegedly suspicious behavior. A series of trials prosecuted by the Colorado Attorney General’s Office has resulted in convictions of one officer and two paramedics, plus multiple acquittals.

McClain’s killing was one of the catalysts for sweeping police accountability legislation Colorado lawmakers enacted in 2020.

Judicial disclosures lacking

An investigation revealed that dozens of state judges, including some on Colorado’s second-highest court, had failed to file financial disclosure paperwork in accordance with state law. The judges, who routinely resolve cases based on whether litigants follow procedure, said they “neglected to file” or “relied on administrative staff.”

Sex abuse survivors disappointed

The Colorado Supreme Court dealt a blow to childhood survivors of sex abuse by ruling a state law aimed at compensating victims was unconstitutional. Lawmakers attempted to follow the lead of other states in creating a “lookback window” for child sex abuse victims to file suit today against their abusers or the institutions that harbored them decades in the past. The Supreme Court found such a move violated the state constitution.

Challenges to new laws

Although Colorado’s legislature boasts large Democratic majorities and the electorate is amenable to passing progressive policies at the ballot box, some recent changes in state law ran into trouble in federal court. Judges blocked a ban on “abortion reversal” treatment, a rise in the firearms purchasing age to 21, and prevented enforcement of a non-discrimination policy against a Christian preschool participating in the state’s universal pre-K program. On the other hand, a judge did permit a three-day waiting period for gun purchases to take effect.

Colorado at SCOTUS

The U.S. Supreme Court handed down two decisions this spring that originated in Colorado. 303 Creative v. Elenis held that a Christian graphic designer may decline to create wedding websites featuring same-sex couples as a matter of her free speech. The conservative-majority court’s opinion channeled the dissent of Colorado’s Timothy M. Tymkovich, a federal appeals judge who previously sided with the plaintiff. The Supreme Court also decided Counterman v. Colorado, a criminal case that found part of the state’s harassment law to be unconstitutional.

Major decisions

Several major decisions came out of the Colorado Supreme Court. The justices shot down an attempt to relitigate commercial property tax bills from 2020 based on COVID-19 health orders. They became the first Supreme Court to decide a 30-day federal notice window for evictions is still in effect. They prevented a potentially major upset to the understanding of who owns riverbeds throughout the state. And they concluded defendants accused of first-degree murder are now bail-eligible.

Ex-chief justice censured

For the first time, a member of the Colorado Supreme Court received a public censure for his conduct. Nathan B. Coats, who served as chief justice between 2018-2020, mishandled the award of a contract to a judicial branch employee who was facing termination for her own misconduct. The revelations came to light after reporting by The Denver Post and The Gazette prompted the judicial branch to investigate the contracting scandal.

A program for pro se litigants

In September, Colorado’s U.S. District Court launched a pilot program intended to assist self-represented litigants behind bars. The pilot, limited to Fremont Correctional Facility, connects “pro se” prisoners pursuing civil lawsuits with lawyers for a 20-minute phone call to discuss legal issues. The effort is aimed at improving the judiciary’s handling of pro se litigation, allowing prisoners to receive answers to their questions and potentially introducing volunteer attorneys to new clients.

New federal judges

Turnover on Colorado’s federal trial court continued this year, with the appointment of U.S. District Court Judge Gordon P. Gallagher and his assignment to the courthouse in Grand Junction, the first time ever that a district judge has sat outside of Denver. The court also gained two new magistrate judges, Susan Prose and Kathryn A. Starnella.

Stability on the high court

Colorado’s Supreme Court reached an unusual milestone this year – going 2.5 years without adding a new member. While 30 months is not particularly long, the lack of turnover is actually a departure from the past decade, with all seven seats changing hands since 2010. The current justices are in their 50s and early 60s, so barring something unexpected, the composition of the court will remain stable for some time.

Play ball

For the first time, the Colorado Rockies hosted a naturalization ceremony for new citizens at their ballpark in downtown Denver. Although the team previously worried such an event would be too “political,” the brief ceremony went smoothly and was a home run for the judge who swore in the new Americans.