Out-of-state judges address ex-discipline director’s lawsuit, Colorado justices accept federal invitation | COURT CRAWL
Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government.
A pair of out-of-state judges got down to business in a lawsuit brought by Colorado’s former judicial discipline director, plus the state Supreme Court has accepted a federal judge’s invitation to answer a question about Colorado law.
Heard on appeal
• The Colorado Supreme Court will address a question that has divided federal judges in lawsuits over denials of insurance benefits, which are governed by state law: Are plaintiffs able to access an insurance company’s claim notes that are generated after a lawsuit has been filed?
• The state’s Court of Appeals decided that a defendant can agree to forfeit his pretrial time-served credit as part of a plea deal, even though Colorado law seemingly gives judges no ability to exclude those credits from a sentence.
• Splitting with a prior appellate decision, a Court of Appeals panel determined people have two years, not one year, to sue insurance companies for withholding policy-related information that’s disclosable by law.
• The Court of Appeals rejected the theory that governments can’t impose a regulatory fee on an activity that already generates tax revenue.
• A Garfield County judge incorrectly credited the testimony of one witness who said the defendant didn’t commit the crime, prompting the Court of Appeals to reinstate the defendant’s arson charge.

In federal news
• The U.S. Court of Appeals for the 10th Circuit ruled that the government can’t move the minor child of a newly naturalized U.S. citizen into a less-favorable visa category due to the naturalization alone.
• A federal judge upheld the constitutionality of Colorado’s individual campaign contribution limits for state candidates, even though the caps are among the lowest in the country.
• A judge refused to allow corporate defendants to immediately appeal the conclusion that they can be held liable under federal human trafficking law for alleged conduct outside the U.S.
• A judge dismissed a background screener association’s challenge to Colorado law that seems to restrict the information available in consumer reports beyond what federal law allows for.
• There was an unusual hearing in Denver with two federal judges, both of whom were brought in from Kansas to handle the lawsuit of Colorado’s former judicial discipline director against the state Supreme Court and related entities. The district judge and magistrate judge criticized plaintiff Christopher S.P. Gregory for seemingly trying to create improper leverage to disqualify the Colorado Attorney General’s Office from the case, and for unsupported legal arguments.
• U.S. District Court Senior Judge Kathryn H. Vratil is also considering a second round of sanctions on Gregory for filing an allegedly groundless motion seeking her recusal.

Vacancies and appointments
• Pursuant to legislation enacted last year, there are several new trial court judgeships that will be created on July 1. The application deadlines range from today through mid-April. The open seats are on the following courts:
Fourth Judicial District Court (El Paso and Teller counties)
Seventh Judicial District Court (Delta, Gunnison, Hinsdale, Montrose, Ouray, and San Miguel counties)
13th Judicial District Court (Kit Carson, Logan, Morgan, Phillips, Sedgwick, Washington, and Yuma counties)
17th Judicial District Court (Adams and Broomfield counties)
18th Judicial District Court (Arapahoe County)
19th Judicial District Court (Weld County)
Douglas County Court
Eagle County Court
Mesa County Court
Larimer County Court

