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

A member of the Colorado Supreme Court unexpectedly announced her retirement from the bench, plus the state’s Access to Justice Commission has made recommendations following a renewed listening tour.

Justice Hart exits

•  Justice Melissa Hart, a member of the Colorado Supreme Court for the past eight years, submitted a letter of retirement to the chief justice on Friday. At 56, she cited health issues affecting her and her family in deciding to step down.

•  “As you know, I am especially concerned about access to civil justice for low and middle-income Coloradans and making the family law system work for unrepresented litigants,” she wrote. “I joined the bench because I felt called to address these issues, and I plan to continue this work after retirement.”

•  Hart had been on an unusual leave of absence since late October, and the judicial branch offered little transparency into the reasons behind it. Although the Supreme Court maintained that Hart’s leave did not affect litigants, her absence correlated with a drop in new opinions compared with the prior two terms.

•  Tributes to Hart poured in from attorneys and elected officials who knew her. Here is a sampling:

“Justice Hart brought integrity, courage, and a deep commitment to the rule of law and access to justice to every(one) in the Colorado community. Her leadership and compassion strengthened our judicial system.” —Amy Padden, Arapahoe County district attorney

“Justice Hart leaves a legacy of intellectual rigor, institutional leadership, and a sustained focus on access to justice. Her work reflects a profound respect for the rule of law and for the courts as enduring civic institutions.” —Katayoun A. Donnelly, attorney

“I am very grateful for Justice Hart’s longstanding commitment to core constitutional principles dating to her time at the University of Colorado law school. And I appreciate her focus on access to justice efforts in her time on the court so that more Coloradans can meaningfully avail themselves of legal remedies.” —Sen. Mike Weissman, D-Aurora, vice chair of the Senate Judiciary Committee

“Justice Hart’s legacy is one of principled leadership, deep commitment to access to justice, and enduring influence on the legal profession and the advancement of women and families in Colorado.” —Colorado Women’s Bar Association President Alison Connaughty and Colorado Women’s Bar Association Foundation President Jennifer Hunt

“I truly appreciate her commitment to building stronger connections and systems amongst the judicial districts, including in our non-metro communities.” —Michael Dougherty, Boulder County district attorney

“Justice Hart has been a champion of justice issues, and continues to be a beacon to our communities and families across Colorado. I wish Justice Hart the very best in her next chapter and look forward to staying in touch.” —Gov. Jared Polis

•  There will now be a Supreme Court vacancy for the first time in five years. As a reminder, a citizen-led commission screens applicants and the governor chooses from a list of three finalists. Stay tuned for updates.

Heard on appeal

•  The Supreme Court upheld a defendant’s vehicular homicide sentence as constitutionally proportional, but two justices suggested eliminating an odd practice Colorado judges use to insulate certain sentences from constitutional challenges.

•  The Supreme Court heard arguments about what should happen if plaintiffs sue one government entity for their injuries, but they don’t find out until too late that some other government entity may have been responsible.

•  The justices may address whether an appointed attorney can investigate and add claims to a defendant’s postconviction petition, even if a privately retained attorney originally filed said petition.

•  Although several appellate judges have determined Colorado’s recently revised definition of “reasonable doubt” passes constitutional muster, one judge has now raised concerns about it.

•  By 2-1, the Court of Appeals wiped away a defendant’s obligation to pay nearly $37,000 in crime victim restitution because of an order that even the trial judge acknowledged was faulty.

•  The Colorado Department of Transportation didn’t violate an outdoor advertising company’s constitutional rights by denying billboard permits, the Court of Appeals decided.

In federal news

•  By 2-1, the U.S. Court of Appeals for the 10th Circuit determined a bank customer must arbitrate all of her discrimination-related claims rather than pursue her case in court.

• A federal judge has blocked enforcement of a Colorado law requiring new gas stoves to come with a disclaimer about their health effects.

•  Colorado’s federal trial court declined to allow an attorney to practice because he owed tens of thousands of dollars in dues and penalties to another state’s bar.

• U.S. Magistrate Judge Timothy P. O’Hara spoke about his first 14 months on the bench, including his philosophy on facilitating settlements of civil cases.

Access to Justice Commission

• Four years after the Colorado Access to Justice Commission issued recommendations in response to a statewide listening tour, there is a second report based upon a new round of listening sessions from 2025.

• “Housing instability, family law challenges, language and technology barriers, and scarce legal help — especially in rural and low-income communities — continue to shape people’s experiences with the civil legal system,” the commission wrote.

• Although the recommendations are directed at a variety of entities, there was one unusual suggestion: The Judicial Department’s new website, which is little more than a year old, is confusing and should be redesigned again. The department said it will review the recommendation.

Vacancies and appointments

•  The governor appointed civil litigator Kelly J. Tompkins to succeed now-Archuleta County Court Judge Anthony D. Edwards in his previous job as the San Juan County Court judge.

•  The governor also selected civil litigator Douglas J. Reynolds to succeed incoming-District Court Judge R. Reid Stewart in his current role on the La Plata County Court.

•  There are two finalists to succeed retiring District Court Judge Elizabeth B. Volz in the 23rd Judicial District (Douglas, Elbert and Lincoln counties): Aurora Municipal Court Judge Shelby L. Fyles and Douglas County Magistrate Meghan Marie Gallo.

•  Applications are due by Jan. 12 to succeed retiring Judge Theresa L. Kilgore on the Teller County Court.

Miscellaneous proceedings

•  The state Supreme Court approved two rule changes. First, landlords will now have to wait to obtain a case number before they serve tenants with an eviction summons. Second, attorney regulators will be able to professionally investigate lawyers who have committed unlawful sexual acts at any point in the past.

“This rule change will help evictions function more smoothly and at the same time help ensure fairness for tenants seeking to deal with evictions and loss of their housing. It will also reduce the burden on courts because tenants who are served with court papers will not have to ask courts to help track down their case numbers. If landlords follow the law and court procedures, the eviction process should run more smoothly with these changes.” —Jose L. Vasquez, proponent of the eviction rule

“I am pleased that the Supreme Court adopted part of my requested changes to reflect that unlawful sexual contact should be considered a serious crime under the rules of professional conduct. It is disappointing that, as a victim, I was forced to address the highest court in Colorado and share my story in order for change to happen. I hope this change protects other victims and that it encourages them to report misconduct in the future without worrying about whether the misconduct will be grounds for discipline.” —Sara Stieben, proponent of the attorney regulation rule

•  Members of the Joint Budget Committee were concerned about some of the items in the judicial branch’s budget request, while recognizing that the judiciary has been relatively frugal in recent years.

On break

•  Court Crawl will be on break for the remainder of 2025 and will return next year.