Colorado Politics

‘Deep source of pride’: Federal judge speaks about first year on bench, how he spends his time

One of Colorado’s newest federal judges spoke on Thursday about his first year on the bench, his philosophy behind facilitating case settlements and how his background as a public defender informs his current role.

“Most of my career, I represented poor people or people who didn’t have enough money for an attorney,” said U.S. Magistrate Judge Timothy P. O’Hara. “Before you start thinking, ‘Oh boy, he seems to have an affinity for the little guy,’ being a public defender is all about fairness. Fairness comes in a lot of different shapes and forms and sizes. I try to be fair to everyone. The worst thing was when I felt I didn’t get to speak or didn’t feel heard.”

O’Hara delivered a lighthearted talk to an audience of attorneys at the Alfred A. Arraj U.S. Courthouse in Denver. He joined the court in October 2024, after the presidentially appointed district judges named him to succeed now-U.S. District Court Judge S. Kato Crews.

Among other things, O’Hara said he tries to bring humor to the bench. It takes the form of “a lot of dad jokes” and facetious citations to “Goose v. Gander” when one side is taking a hypocritical stance.

“I’m probably not the typical federal judicial officer in that respect. I’m a little less buttoned-up than some others,” he said. “But if anyone feels it’s off-putting, please let me know.”

The Alfred A. Arraj U.S. Courthouse in downtown Denver. (Photo by Michael Karlik/Colorado Politics)
The Alfred A. Arraj U.S. Courthouse in downtown Denver. (Photo by Michael Karlik/Colorado Politics)

O’Hara said the court will likely reach 4,000 civil case filings imminently, a notable increase from prior years. He currently has 562 cases assigned to him, primarily civil lawsuits in which a district judge is the final decision-maker, plus cases in which the litigants have agreed O’Hara alone will preside.

Writing orders and recommendations, he said, takes up the single largest chunk of his time, followed by status or scheduling conferences. Evidentiary-related hearings and motions proceedings amount to roughly one-fifth of his duties. Settlement conferences and criminal duty are about 30% of his time combined.

Settlements facilitated by magistrate judges far eclipse the number of trials at the district court, of which there were 38 last year in civil cases. In his first 14 months, O’Hara has conducted 23 conferences, with a 91% success rate.

“That’s a deep source of pride,” he said, “that parties have entrusted me to do that. And it takes a lot of time.”

He said one settlement conference did not conclude until 11 p.m., and multiple cases settled after 7 p.m. after a full day of negotiations. O’Hara also noted he has signs saying “Believe” in the rooms where the litigants are — a reference to the optimistic and folksy soccer coach Ted Lasso played by Jason Sudeikis in the television show of the same name.

“What’s interesting is the narrative in the one room about the other side and the narrative in the other room about the other side is often so emotional, and it’s an impediment to settlement,” he said. “I see the misconceptions. ‘Oh, we think the plaintiff’s wife is driving the bus. We think she’s the one that’s preventing this case from settling.’ Plaintiff’s wife is in there not saying a word.”

O’Hara advised that parties looking for a “home run” are welcome to proceed to trial, but his goal is for both sides to get “a single or a double.”

“Both sides are getting something,” he said. “The relief I see on the plaintiff’s face when I say, ‘This could be over today. It could be over today,’ is like, ‘Ahh!’ It’s a wave that washes over them. And on the defense side, ‘You could stop paying your lawyers today.’ Same wave of relief!”

He added that he believed his willingness to keep facilitating the settlement as long as it takes has been a factor in reaching resolution.

“As long as you move $5, I’m still going,” O’Hara said. He clarified that for magistrate judge-involved settlements, he now tends to prioritize cases with self-represented litigants or where the cost of going to a private mediator would be prohibitive, given the time-intensive nature of the conferences.

Finally, he said it is challenging to issue thorough yet quick written decisions. But he finds it “most rewarding” to create a written product that he and lawyers can rely upon.

“I have a little piece in this big puzzle of cases that we all use. I’m only persuasive, I’m not binding on anybody,” he said. “But that matters. To use someone’s logic and to bring it into another case? That’s a source of pride.”

The Faculty of Federal Advocates sponsored the discussion.


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