Legislature overrules state Supreme Court decisions, federal judges contend with violations of orders | COURT CRAWL
Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government.
The Colorado legislature overruled two recent state Supreme Court decisions in this year’s session, plus federal judges are addressing the government’s violations of their orders in immigration detention cases.
Supreme Court news
• By 5-2, the Colorado Supreme Court agreed that Children’s Hospital Colorado must resume providing certain treatments to transgender plaintiffs, which the organization discontinued in the face of federal funding threats.
• The justices decided that a man could stand convicted for attempting to influence a public servant after he enlisted his mom to lie to his parole officer for him.
• Although the Supreme Court initially showed interest in addressing a creditor’s attempt to subpoena companies affiliated with the debtor, the justices decided to return the case to the trial judge without weighing in.
• The court will decide what the appropriate standard is for evaluating whether a divorcing couple has agreed that spousal support will continue even after one of them remarries.
• Last year, the Supreme Court decided two controversial cases: First, it said that a biological grandparent isn’t a “grandparent” anymore if their own child is deceased and their grandchild has been adopted by a new parent. Second, it concluded that children can’t pursue neglect cases through their own legal representative if the government has withdrawn the allegations. This month, the legislature passed two bills overturning both of those decisions.
Heard on appeal
• Disbarred District Attorney Linda Stanley‘s misconduct didn’t rise to the level of warranting dismissal of a murder case, the Court of Appeals decided.
• An El Paso County judge misunderstood one of the elements for aggravated robbery, the appeals court said.
• The Court of Appeals revived a lawyer’s discrimination claim against attorney regulators who initially denied his disability accommodation on the bar exam.
• After a judge improperly instructed the jury on undisputed facts that were not exactly undisputed, the Court of Appeals ordered a new trial.
• Improper evidence of a murder defendant’s bad character warranted a new trial, the appeals court decided.

In federal news
• The U.S. Court of Appeals for the 10th Circuit upheld a defendant’s child sex abuse convictions after determining the prosecution didn’t need to disclose its expert’s opinions about the defense expert’s opinions, which he voiced in the middle of the trial.
• Jurors in a civil forced-labor lawsuit will be able to view the inside of the privately operated Aurora immigration detention facility when adjudicating the human trafficking and unjust enrichment claims, a judge ruled.
• Multiple federal judges recently grappled with the government violating their orders, or at least being unclear about their compliance. In several instances, judges released immigration detainees themselves due to the government’s conduct.
Vacancies and appointments
• The lieutenant governor, acting as governor, appointed Cheyenne County Court Judge Deni E. Eiring, who is also a magistrate in a neighboring jurisdiction, to succeed retiring Chief Judge Mark A. MacDonnell in the 16th Judicial District (Bent, Crowley, and Otero counties).
• Applications are due by May 29 to succeed incoming District Court Judge A. Danielle Touart in her current role on the Arapahoe County Court.
• Applications are due by June 16 for a federal bankruptcy judge position in Colorado.
Miscellaneous proceedings
Miscellaneous proceedings
• Former Court of Appeals Judge Russell Carparelli spoke on “Law Day” about being politically and civically involved, and shared his critiques of the U.S. Supreme Court.
• U.S. Magistrate Judge Maritza Dominguez Braswell joined a virtual panel of other judges to speak about bringing people together to improve the justice system for users.

• On the morning of May 26, the Denver County Court will be participating in a blood drive with Vitalant on the plaza between the Lindsey-Flanigan Courthouse and the Van-Cise Simonet Detention Center.
• The Colorado Judicial Department is warning about a text messaging scam telling people they need to appear in court for a traffic violation. The department urges people to delete the texts and not click on any links. Although the courts will send text message reminders, initial notices come by mail, in person, through counsel, or with a summons by a law enforcement officer.
Going on recess
• Court Crawl will be going on an extended break and will return in mid-June.

