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

The U.S. Court of Appeals for the 10th Circuit held its biennial conference in Colorado Springs with guest appearances from members of the nation’s highest court, plus an analysis of federal judges’ financial disclosures reveals interesting trends about outside income and activities.

Bench & Bar Conference

•  Every two years, judges and lawyers within the six-state region of the 10th Circuit gather for a conference at The Broadmoor resort to discuss legal developments and transact business. The public portions of the event included panels about artificial intelligence, tribal law, criminal sentencing, pretrial detention and the U.S. Supreme Court’s “messaging” problem, among other topics.

•  Justice Neil M. Gorsuch, a former 10th Circuit judge, spoke briefly on the first day and suggested the reason his court is hearing so few cases recently is because lawyers aren’t filing as many appeals. (Steve Vladeck of Georgetown University has since authored a stats-based critique of Gorsuch’s comments, arguing the justices are choosing not to hear more cases.)

•  In a softball interview with two 10th Circuit judges, Justice Amy Coney Barrett talked about her own reluctance to write caustic dissents and the security precautions she is now subject to, including the occasional bulletproof vest.

•  While moderating a panel discussion about the Supreme Court’s recent term, Colorado Supreme Court Justice Melissa Hart spoke about the threats she received after her court decided in December that Donald Trump was constitutionally disqualified from appearing on the state’s ballot for engaging in insurrection. It appears to be the first time any of the state Supreme Court’s members has remarked publicly on the decision.

•  “My house was swatted. I had nine guns pointed at me by the Denver Police Department. It was the scariest night of my life,” said Hart.

•  Also, Colorado Supreme Court Justice Richard L. Gabriel received an award for his “sterling character and unquestioned integrity” as well as “ongoing dedication to the highest standards of the legal profession and the rule of law.”

Financial disclosures

•  Colorado Politics examined the financial disclosures filed by judges on the 10th Circuit and Colorado’s U.S. District Court in recent years. The review was largely limited to 2021 and 2022 data, as the judiciary has yet to make the 2023 and 2024 reports publicly available. Nonetheless, the data showed a handful of judges who routinely attend and speak at conferences, the sources of income judges enjoy beyond their $200,000+ salaries, plus some unusual forms of compensation.

•  One member of the 10th Circuit, Senior Judge David M. Ebel of Colorado, filed multiple mea culpas last year after neglecting to timely disclose stock transactions within 45 days. He clarified he hadn’t heard any cases in that time involving the companies in question, and outside experts took no issue with how Ebel handled the oversight.

Heard on appeal

•  Despite numerous errors in a pair of trials in El Paso and Mesa counties, including prosecutorial misconduct, the Court of Appeals upheld the defendants’ criminal convictions.

•  An El Paso County judge wrongly converted a man’s choice of jury trial into a bench trial in his child neglect case based on his failure to appear at a separate proceeding two years prior, the Court of Appeals ruled.

•  A Mesa County animal control officer acted unconstitutionally when he entered a woman’s property without a warrant to photograph and collect her deceased dog as evidence, determined the Court of Appeals in ordering a new trial.

In federal news

•  After it sent the question to the Colorado Supreme Court for a state law analysis, the 10th Circuit concluded a man serving a potential life sentence for sex crimes he committed as a juvenile could not yet challenge whether Colorado will properly analyze his parole eligibility.

•  The 10th Circuit agreed a Mesa County woman may proceed with her lawsuit against law enforcement for allegedly causing $50,000 in damage to her home while trying to recover a stolen piece of heavy-duty equipment.

•  A lawsuit that has been pending for 15 years against two Denver child welfare workers will proceed to trial to determine if the defendants were negligent in their investigation of a 7-year-old boy’s abuse at the hands of his guardians, a judge ruled.

•  A judge refused to dismiss a constitutional rights lawsuit against Denver Health for the death of an elderly detainee in the city’s jail.

•  After the Colorado Supreme Court said a group of oil and gas rights owners in southwestern Colorado couldn’t challenge their retroactive tax increase under state law, a federal judge concluded there was no role for the federal courts, either.

•  After a delay in getting off the ground, the U.S. District Court’s new program to provide limited legal assistance calls to incarcerated plaintiffs is now taking clients, with six consultations as of mid-August. Although the pilot initiative was intended to expire this month, the court has extended it until next year.

Vacancies and appointments

•  The governor has appointed Magistrate Sarah E. Zane to succeed retiring District Court Judge Monica J. Gomez in the Fourth Judicial District (El Paso and Teller counties).

•  The governor has also named Deputy Pitkin County Attorney Laura C. Makar to succeed retiring District Court Judge Christopher G. Seldin in the Ninth Judicial District (Garfield, Pitkin and Rio Blanco counties).

•  For a pair of vacancies on the Denver District Court, the governor selected Magistrates Angela D. Boykins and Heidi L. Kutcher to succeed retiring Judges Jennifer B. Torrington and David H. Goldberg. Kutcher is a magistrate in the neighboring 18th Judicial District.

•  Finally, the governor appointed civil litigator Billy-George Hertzke to succeed retiring Chief Judge Michael A. O’Hara III in the 14th Judicial District (Grand, Moffat and Routt counties).

Miscellaneous proceedings

•  Happy belated Jury Appreciation Day, which is celebrated in Colorado on Sept. 5.

•  The trial of the man accused of murdering 10 people at a Boulder King Soopers is ongoing in Boulder County.

•  A London court heard an extradition request for a Colorado Springs woman accused of killing her children.

•  Several Colorado lawmakers signed a petition and one appeared at a demonstration outside the state Supreme Court to complain about the way the judiciary handles custody cases, prompted by The Gazette’s reporting about a mother who was jailed in Larimer County for opposing her children’s reunification therapy with her allegedly abusive ex-husband.