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

The state Supreme Court heard its final round of oral arguments for 2024, plus it issued a public censure of an ex-trial judge in Denver for his misconduct.

Miranda warnings, redistricting

•  The Supreme Court seemed reluctant to say that child welfare workers need to give Miranda warnings before interviewing parents in custody, even though the conversations can later be used in a criminal prosecution.

•  On the other hand, the justices were clearly signaling they weren’t stoked to hear Weld County argue that it doesn’t need to comply with state law for drawing commissioner district boundaries — and, potentially, isn’t bound by a Supreme Court decision on the subject.

•  Finally, the court took public comments on a proposed rule clarifying the process by which applicants can request disability-related accommodations for the bar exam and other standardized tests to practice law. Although the attorney regulation office stressed the process is not as hostile as it was in the past, commenters argued the rule would require excessive documentation of a disability, even if applicants were already receiving accommodations in law school.

Supreme Court decisions

•  The Supreme Court issued a censure of former Denver Juvenile Court Presiding Judge D. Brett Woods, who stepped down in February after 17 years on the bench. Woods admitted to being under the influence of alcohol on the job and to retaliating against an employee who reported his misconduct five years ago.

•  The Supreme Court ruled that plaintiffs who are suing government entities can also use open records requests to obtain evidence. Two justices warned that the decision would put government defendants at a perpetual disadvantage in litigation.

•  A license plate that seemingly belongs to another vehicle can amount to reasonable suspicion for officers to detain a driver, the Supreme Court decided.

•  The Supreme Court may intervene in an ongoing prosecution in which the trial judge has barred prosecutors from using the alleged victim’s “dream journal” to prove the defendant committed sexual assault.

In federal news

•  The U.S. Court of Appeals for the 10th Circuit reinstated a man’s lawsuit against two Douglas County child welfare workers, concluding the trial judge relied improperly on outside materials to dismiss the case.

•  A Colorado attorney can’t deduct $300,000 in racecar expenses from his taxes as advertising expenditures for his law firm, the 10th Circuit clarified.

Miscellaneous proceedings

•  The Denver Gazette reported that multiple state judges with disciplinary histories are now working as municipal court judges or arbitrators, with no public acknowledgement of the discipline.

•  A Denver judge has recognized a limitation on the Independent Ethics Commission’s authority over municipal-level matters. 

That’s all for 2024

•  Due to the upcoming holidays, Court Crawl will take a vacation for the rest of the year and will return in 2025.