Colorado Politics

Denver’s presiding juvenile judge steps down amid misconduct investigation

The longtime presiding judge of the Denver Juvenile Court, D. Brett Woods, retired from the bench on Friday amid a misconduct investigation whose details are still unclear.

“I am proud of my work in the area of juvenile justice,” Woods wrote in a Feb. 8 letter to Chief Justice Brian D. Boatright. “I will cherish my time on the bench.”

Colorado Politics reported last month that the state Supreme Court issued a Dec. 21 order suspending Woods and directing to explain why he should be allowed to remain on the bench while the Colorado Commission on Judicial Discipline completed its investigation into him. In January, the court issued another order reiterating that Woods remained on paid suspension until further notice.

Few details were immediately available about the nature of Woods’ alleged misconduct. On Jan. 29, the juvenile court’s executive, Abigail Young, sent an email to staff and attorneys indicating there was still no update about Woods’ future.

“We fully understand and appreciate how confusing and frustrating any given day can be right now. The uncertainty of where your cases will be heard can only surely add to the anxiety your clients already feel navigating their own court process,” she wrote. “If and when we are given any information to share, we are committed to providing clear and open communication with you all.”

On Feb. 9, the day after Woods submitted his letter announcing he would step down, Interim Presiding Judge Laurie A. Clark emailed court leadership to inform them of the news. She indicated Judge Elizabeth Joan McCarthy, who the governor appointed in early January to fill a vacancy, has volunteered to be the new presiding judge on the three-judge court.

The chief justice “has expressed his understanding that Denver Juvenile Court needs clarity in leadership as soon as possible,” Clark wrote. “We are looking forward to being fully staffed and stable by the end of March as we continue the great work we do for the community.”

The Judicial Department announced on Monday that applications for Woods’ seat are due by Feb. 26.

The clerk of the Supreme Court said there are no new publicly available filings in Woods’ disciplinary proceedings since mid-January. The judicial discipline commission did not immediately respond to a message inquiring about further documentation.

In the last fiscal year, the Denver Juvenile Court saw approximately 2,000 case filings on matters that included adoption, child neglect and juvenile delinquency – the equivalent of criminal proceedings for children.

Woods was appointed to the court in 2007 and he became presiding judge in 2014. Denver voters retained him for another term in 2022 by a margin of more than 2-1. The citizen-led performance commission that evaluated his work found surveys from lawyers and non-lawyers had rated Woods “substantially below the average” compared with other judges, but the commission nonetheless believed he maintained “compassion and respect for the parties in often difficult circumstances.”

Colorado’s judicial discipline system largely keeps the details of an investigation confidential. Only after the commission makes a recommendation for public discipline to the state Supreme Court does the information become public. In dozens of cases spanning decades, judges who were under investigation for alleged misconduct have resigned rather than face further inquiry. The outcome may mean the continued confidentiality of relevant details. 

Colorado voters in November will be asked to change the discipline process to a more open system where inquiries into judges, and the details surrounding them, will be more accessible to the public. 

Also last month, the judicial discipline commission placed its executive director, Christopher Gregory, on leave for undisclosed reasons.

Editor’s note: This article has been updated. Reporter David Migoya contributed to the article.

Denver Juvenile Court Presiding Judge D. Brett Woods

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