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

Colorado’s chief justice spoke about the threats the state Supreme Court received in the wake of a high-profile decision two years ago, and one appellate judge is asking the Supreme Court to get behind a single reasonable doubt definition.

Judicial threats

•  At a virtual event with other state judges, Chief Justice Monica M. Márquez disclosed what members of the Colorado Supreme Court experienced after the majority ruled in late 2023 that candidate Donald Trump was constitutionally disqualified from holding office because he engaged in insurrection (which the U.S. Supreme Court later reversed).

•  “Many of those messages in certain cases were overtly racist or overtly misogynistic. Overtly referred to sexual violence. Were overtly homophobic,” she said. “I spoke to a number of our staff who were going home in tears from all the horrible things that they had to hear.”

•  Also appearing briefly on the virtual panel was U.S. Sen. Chris Coons, D-Del., who is sponsoring the Countering Threats and Attacks on Our Judges Act that would enable the tracking of threats against judges at the state level.

Heard on appeal

•  The Supreme Court appeared receptive to revising the test for whether criminal sentences are constitutionally excessive, but the justices were not as convinced that a drunk driver’s 29-year sentence for killing someone was out of line.

•  The court was quite hostile to the idea that even the most generic statistics about child abuse reports aren’t subject to disclosure under the state’s open records law.

•  The justices debated what to do with a jury’s guilty verdict that, upon closer inspection, may actually have been an acquittal.

•  Judge Timothy J. Schutz of the Court of Appeals asked the justices to endorse a single definition of reasonable doubt out of the three that have been green-lit for use in jury trials.

•  By 2-1, the Court of Appeals decided a defendant’s absence at his restitution hearing wasn’t consequential enough to order a redo.

•  A Wheat Ridge police corporal didn’t have probable cause to arrest a motorist, so the later-discovered evidence of criminal activity was inadmissible at trial, the Court of Appeals ruled.

•  Three years after the Supreme Court outlined how a convicted defendant can get his seized property back, he is still litigating the issue on appeal.

•  By 2-1, the Court of Appeals believed a Jefferson County judge was wrong to give a self-defense instruction at trial, but the error likely didn’t matter and the prosecution’s decision to pursue an appeal wasn’t looked upon favorably.

In federal news

•  A federal judge questioned whether a constitutional challenge to part of Colorado’s aid-in-dying law was still viable, given that a key plaintiff recently died.

•  A judge found a conservative podcaster’s reasons for missing his deadline were dubious or they didn’t matter, and he still has to pay more than $53,000 in costs arising from his contempt proceedings.

•  A federal judge concluded that an incarcerated plaintiff may sue a prison guard for allegedly endangering him by signaling to other inmates that he was a “snitch.”

Vacancies and appointments

•  Applications are due by Oct. 22 for those wanting to succeed retiring District Court Judge Stephen J. Jouard of the Eighth Judicial District (Larimer and Jackson counties).

•  There are 49 vacancies among the judicial nominating commissions for Colorado’s 23 judicial districts, plus the statewide commission that addresses Supreme Court and Court of Appeals vacancies. The commission members serve for six years and the openings cover seats designated for both attorneys and non-attorneys. Per the judicial branch, here are the openings:

1st Judicial District (Jefferson and Gilpin counties): one attorney vacancy and one non-attorney vacancy

2nd Judicial District (Denver): one non-attorney vacancy

4th Judicial District (El Paso and Teller counties): one attorney vacancy and two non-attorney vacancies

6th Judicial District (La Plata, Archuleta and San Juan counties): one attorney vacancy and three non-attorney vacancies

7th Judicial District (Delta, Gunnison, Montrose, Ouray, San Miguel and Hinsdale counties): one attorney vacancy

9th Judicial District (Garfield, Rio Blanco and Pitkin counties): one attorney vacancy and two non-attorney vacancies. At least one must reside in Rio Blanco County

10th Judicial District (Pueblo County): one attorney vacancy and one non-attorney vacancy

12th Judicial District (Saguache, Mineral, Rio Grande, Alamosa, Conejos and Costilla counties): two attorney vacancies and one non-attorney vacancy. At least one must reside in Costilla and Rio Grande counties

13th Judicial District (Morgan, Logan, Sedgwick, Phillips, Yuma, Washington and Kit Carson counties): two attorney vacancies and one non-attorney vacancy. Each one must reside in Morgan, Kit Carson and Washington counties

14th Judicial District (Moffat, Routt and Grand counties): two non-attorney vacancies

15th Judicial District (Cheyenne, Kiowa, Prowers and Baca counties): one attorney vacancy and three non-attorney vacancies. At least one must reside in Kiowa, Baca and Cheyenne counties.

16th Judicial District (Crowley, Otero and Bent Counties): three non-attorney vacancies. At least one must reside in Crowley County

17th Judicial District (Adams County and Broomfield): two attorney vacancies and two non-attorney vacancies.

19th Judicial District (Weld County): one attorney vacancy

20th Judicial District (Boulder County): one non-attorney vacancy

21st Judicial District (Mesa County): two attorney vacancies and one non-attorney vacancy

22nd Judicial District (Dolores and Montezuma counties): one attorney vacancy and one non-attorney vacancy

Statewide: one attorney vacancy in the 1st Congressional District, one attorney and one non-attorney vacancy in the 3rd Congressional District, one attorney and one non-attorney vacancy in the 4th Congressional District, one non-attorney vacancy in the 6th Congressional District and one non-attorney for the at-large vacancy

Miscellaneous proceedings

•  Next month, there will be 11 events for self-represented litigants to receive assistance about the state’s legal system. Here is the information directly from the judicial branch:

1st Judicial District (Jefferson and Gilpin counties): Free 15-minute Ask-An-Attorney sessions will be held on a first-come, first-served basis on Wednesday, Oct. 22, in the atrium of the Jefferson County Courthouse (100 Jefferson County Pkwy, Golden) between 9 a.m. – 3 p.m. Traffic, criminal, civil, family law and probate attorneys will be providing pro-bono assistance. Community service organizations will be hosting informational tables at the event.

2nd Judicial District (Denver): Free 30-minute Ask-An-Attorney clinics are available to discuss issues concerning family law, probate and county court civil matters. Free classes will be held online, by phone, or in person at the Denver City and County Building (1437 Bannock Street, Room 281, Denver) on Thursday, Oct. 23, from 8 a.m. – 4 p.m. The class schedule is posted at https://www.coloradojudicial.gov/courts/trial-courts/denver-district/denver-courts-pro-seself-help-centers. For more information, email 02SelfHelp@judicial.state.co.us or call 303-606-2442. Registration is required for some sessions.

4th Judicial District (El Paso and Teller counties): Free 20-minute Meet-A-Lawyer sessions to receive free legal advice and in-person sessions on small claims, consumer rights, guardianships and evictions will take place on Friday, Oct. 24, from 9 a.m. – 2 p.m. at the El Paso County Combined Courts (270 Tejon Street, Colorado Springs, CO 80903) meeting in the Jury Room. For more information email 04selfhelp@judicial.state.co.us.

6th Judicial District (Archuleta, La Plata and San Juan counties): In-person sessions will be held at the La Plata County Combined Courts (1060 E. 2nd Avenue, Durango) on Tuesday, Oct. 21, from 9 a.m. – 3 p.m. on topics including domestic relations cases (divorce/child custody, post-decree modifications) civil cases (eviction, money, protection orders) and probate (guardianship, conservatorships, trust/estates, wills).  For more information, call 970-385-6179. 

8th Judicial District (Larimer and Jackson Counties): The 8th Judicial District will hold an Ask-a-Lawyer Day on Friday, Oct. 24 at the Fort Collins Justice Center (201 Laporte Ave, Fort Collins, CO 80521) and the Loveland Library (300 N Adams Ave, Loveland, CO 80537). Participants can sign up to meet with an attorney for a free 30-minute session on family law, civil matters, evictions and probate. Contact 08CourtResourceCenter@judicial.state.co.us for more information.

10th Judicial District (Pueblo County): The 10th Judicial District will host a Free Legal Resource Day on Friday, Oct. 24, from 9 a.m. – 3 p.m. at the Dennis Maes Pueblo Judicial Building (501 N. Elizabeth St., Pueblo). Free in-person educational sessions and 20-minute Ask-An-Attorney consultations will be available in family law, probate, civil money cases, landlord/tenant, small claims and record sealing. For more info, contact 10jdselfhelp@judicial.state.co.us or call 719-404-8752.

11th Judicial District (Chaffee, Custer, Fremont and Park counties): In-person sessions on probate and simple estate planning, courtroom prep, Licensed Legal Paraprofessionals and divorce, and evictions will be held at the Fremont County Courthouse (136 Justice Center Road #103, Cañon City) on Friday, Oct. 3, from 9 a.m. – 3 p.m. Free 20-minute Ask-An-Attorney sessions will take place from 9 a.m. – 3 p.m. by appointment. Registration is required. For more information, visit coloradojudicial.gov/courts/trial-courts/chaffee-county.

17th Judicial District (Adams County and Broomfield): Free 15-minute Ask-An-Attorney sessions will be offered on a first-come, first-served basis Thursday, Oct. 23, from 9 a.m. – 3 p.m. (closed for lunch 11:45 a.m. – 1:15 p.m.) at the Adams County Courthouse (1100 Judicial Center Dr. Brighton, CO 80601). Attorneys will be available to assist with divorce, custody, child support, tenant/landlord, traffic, juvenile, criminal, civil protection orders and probate. Community vendors will be on-site to engage with attendees and share resources. Spanish interpreters will also be available. For more information or questions, contact the Resource Center by email: 17SHRC@judicial.state.co.us or call: 303-654- 3213.

18th Judicial District (Arapahoe County): Free 15-minute Ask-An-Attorney sessions for family law and probate matters will be held on Thursday, Oct. 23, from 9 a.m. – 12 p.m. at the Arapahoe County Justice Center, Jury Assembly Room – Courthouse 1 (7325 S. Potomac Street, Centennial). Community resource service organizations will also host information booths.

21st Judicial District (Mesa County): Mesa County will be having Legal Resource Day on Oct. 21, at the Grand Junction Central Library (443 N. 6th Street, Grand Junction, CO 81501) from 10 a.m. – 4 p.m. Free 20-minute Ask-An-Attorney sessions regarding civil, family matters, and probate cases are available on a first-come, first-served basis. There will be two informational presentations: Introduction to Child Support from 10 a.m. – 11 a.m., and Preparing for Contested Hearings from 3 p.m. – 4 p.m. Community resource information will be available. Questions about the event, email 21selfhelp@judicial.state.co.us or call (970)257-3663.

22nd Judicial District (Dolores and Montezuma counties): In-person sessions will be held at the Montezuma Combined Court (865 N Park St Cortez) on Tuesday Oct. 21, from 8:30 a.m. – 5 p.m. Preregistration is required for Ask–An-Attorney sessions and recommended for the classes being offered. Call 970 565-1328 for more information or to register. Walk-ins are welcome if space is available.