Colorado Politics

10th Circuit to hold all-judges hearing, judicial committee turns down ‘civility code’ | COURT CRAWL

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

The Denver-based federal appeals court agreed to hold a rare all-judges hearing in a criminal case, plus a state Supreme Court committee overwhelmingly rejected a proposal for an enforceable “civility code.”

Heard on appeal

•  The Colorado Supreme Court seemed reluctant to overturn a man’s convictions for attempted child prostitution offenses, even if they amounted to an equal protection violation due to the underlying facts.

•  The Supreme Court will decide how much of a virus or hazard needs to be present on a commercial property to trigger loss-or-damage insurance coverage. It will also review whether prosecutors can raise a witness’s credibility problems, then bring in unflattering evidence about the defendant to explain away those problems.

•  Because a prosecutor repeatedly asked a witness to testify about the credibility of other witnesses in violation of Supreme Court precedent, the Court of Appeals ordered a new trial.

•  One appeals judge is seeking further clarification to the rules governing magistrates, two weeks after a package of revisions took effect.

FILE PHOTO: Colorado Court of Appeals Chief Judge Gilbert M. Román, at right, speaks to Judge Melissa C. Meirink, at left, during her ceremonial swearing-in on Feb. 27, 2025.
FILE PHOTO: Colorado Court of Appeals Chief Judge Gilbert M. Román, at right, speaks to Judge Melissa C. Meirink, at left, during her ceremonial swearing-in on Feb. 27, 2025.

In federal news

•  The U.S. Court of Appeals for the 10th Circuit is very reluctant to hear cases in “en banc” format, meaning with all judges instead of the usual three-judge panels. But the court recently granted a request to determine whether a panel decision about the process for resentencing probation violators is out of step with every other federal appeals court.

•  The 10th Circuit granted immunity to a Colorado Springs police officer who tased a fleeing suspect as he was running away, causing him to fall and break his neck.

•  Days before the 10th Circuit was scheduled to hear arguments in a lawsuit over book-banning, the school district decided to drop its appeal to the frustration of the judges assigned to the case.

•  A man bitten by a dog as part of a prison training program can’t sue for his injuries because he needs to file a limited workers’ compensation-style claim instead, a federal judge ruled.

•  A magistrate judge has recommended dismissing a lawsuit seeking to preclude transgender female students from joining female athletic teams.

Vacancies and appointments

•  The governor appointed prosecutor Kathleen M. Tierney to succeed retiring Judge Michael J. Roche on the Arapahoe County Court.

•  The governor also chose civil litigator Matthew T. Berumen to succeed Las Animas County Court Judge John D. Mochel, who is resigning.

•  There are two finalists to succeed now-District Court Judge Laura E.H. Harvell in her former role on the Montrose County Court: Ryan Lane Hess and Mark Alan Franklin.

Miscellaneous proceedings

•  An attempt to introduce an enforceable “civility code” similar to Wyoming’s failed last week, after the state Supreme Court’s civil rules committee was concerned the new rules could be weaponized by the very people whose behavior they were intended to check.


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