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

The U.S. Senate confirmed the president’s nominee to the only existing vacancy on Colorado’s federal trial court, plus the state Supreme Court will return this week to hear oral arguments in six cases.

From Judge Crews to Judge Crews

?  Eleven months after the White House nominated him to fill a vacancy on Colorado’s U.S. District Court, U.S. Magistrate Judge S. Kato Crews won confirmation to a district judgeship last week by a vote of 51-48. On Friday, he was sworn in (although he’ll remain in his same courtroom).

?  Readers will recall that Crews ran into trouble at his confirmation hearing last year when he couldn’t describe the U.S. Supreme Court’s key decision in Brady v. Maryland, which governs prosecutors’ obligations to disclose evidence. Reaction to the flub was harsh online, but practitioners in Colorado’s federal courts stood by Crews.

?  With Crews’ appointment, let’s look at some numbers: Over three years, President Joe Biden has appointed five of the seven active district judges to Colorado’s court. In addition to choosing replacements for three Obama administration appointees, Biden also filled seats left vacant by two George W. Bush appointees.

?  Now, for the first time in almost a decade, there are no current or announced vacancies among the district judge bench. The relative youth of the bench means we likely won’t see another wave of retirements for several years.

?  One area that’s still unsettled is the ranks of magistrate judges. There have been four new appointments since 2021 and Crews’ vacancy means a fifth is on the way. Those who wish to apply for the seat, which comes with an eight-year term, must do so by Feb. 12.

Speaking of magistrate judges

?  Another noteworthy development at the district court is the appointment of a “chief magistrate judge.” Michael E. Hegarty, the most senior magistrate judge, will be the first to hold the title for a four-year term. The majority of the 94 federal judicial districts don’t have a chief magistrate judge position, but Colorado Politics learned the entire magistrate judge bench in Colorado asked for the designation of a chief to take on a leadership and coordination role on their behalf. The district judges granted their request.

At the Colorado Supreme Court

?  The state Supreme Court will hear oral arguments in six cases this week beginning on Tuesday:

Godinez v. Williams et al.: For juveniles who are tried and convicted of sex offenses as adults, does Colorado’s process for considering parole eligibility comply with the U.S. Supreme Court’s interpretation of the Eighth Amendment?

People v. Garcia: If the defense knows a trial judge should recuse herself because of a conflict, but doesn’t object, do appellate courts get to address the defendant’s biased-judge claim after he is convicted?

People v. Johnson: Was there enough evidence to convict a man of a child sex crime based on a brief conversation in which the defendant allegedly made inappropriate comments to a 10-year-old girl before driving off?

Whiteaker v. People: Is first-degree trespassing a lesser form of second-degree burglary?

People v. Crabtree: Can a trial error that generates no objection result in the reversal of a defendant’s conviction if the error is “obvious” on appeal thanks to new Supreme Court precedent?

Kinslow v. Mohammadi: If a child is injured in a motor vehicle accident, how long does she have to file a lawsuit after turning 18?

 ? The justices signaled an interest in deciding whether a person who is the subject of contempt proceedings can be notified through his personal email, rather than in-person service as the rules seem to require.

In federal news

 ? Colorado Politics spoke with Judge Timothy M. Tymkovich of the U.S. Court of Appeals for the 10th Circuit, who the chief justice recently assigned to the nation’s secretive wiretapping appeals court. While the subject matter of the work is pretty different, Tymkovich said the process of learning about the relevant law and precedent is similar to his day job.

?  The 10th Circuit agreed a man can sue an off-duty Aurora police officer for seizing items from his pockets under the incorrect suspicion that the plaintiff was shoplifting.

 ? A federal judge rejected the idea that a Black bank customer had to resolve her race discrimination claims through the mandatory arbitration clause in her bank account agreement, rather than the courts.

 ?  A man whose shoulder was re-injured while Adams County deputies arrested him failed to show their conduct amounted to a constitutional violation.

?  It does not violate the Eighth Amendment’s prohibition on excessive fines to require an Aurora couple to forfeit their home to the government, where they were illegally growing marijuana on a large scale.

 ?  A woman who is suing Colorado Springs police officers for a constitutional violation deleted or withheld evidence relevant to her case, prompting a judge to impose financial sanctions on her and her lawyers.

?  A man convicted of terrorism offenses who is residing in Colorado’s “supermax” prison may proceed with a handful of claims against prison officials related to his religious exercise and his ability to contact an outside attorney.

?  Former Mesa County Clerk and Recorder Tina Peters is cleared for a criminal trial in state court next month, after a federal judge declined to halt the district attorney’s prosecution of charges related to Peters’ alleged tampering with election equipment.

Vacancies and appointments

?  U.S. Magistrate Judge Scott T. Varholak is undergoing the process for reappointment to another eight-year term. A merit selection panel will report to the court by April 5 with its recommendation regarding reappointment.

Miscellaneous proceedings

?  During legislative oversight hearings last week, judicial leaders spoke about the $35 million in damage a man caused to the Ralph L. Carr Colorado Judicial Center earlier this month, rendering several offices off-limits for at least the next month – and possibly for the next year. Lawmakers also heard about loosening the procedures of judicial discipline for senior judges, but gave the idea a chilly reception.

?  The Colorado Access to Justice Commission’s year-end report previewed a new self-help website that’s in development and the use of federal grant money to address rural “legal deserts.”

?  The Judicial Department has announced that $400,000 in restorative justice grants are available in two categories: “immediate community needs for critical conversations, networking, and basic operations for emerging or smaller-scale restorative initiatives” and programs that “strengthen best practices in restorative justice across communities, regions and the state.” Interested organizations may apply here.