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

The Colorado Supreme Court has named its next chief justice, and the Denver-based federal appeals court released a decision that overwhelmingly rejected one of its members’ views on criminal resentencings.

Next chief justice

• In 2020, with the retirement of Chief Justice Nathan B. Coats and the remaining members of the Colorado Supreme Court being around the same age, they adopted a new system for selecting the chief. Now, instead of the chief serving until his or her retirement, the court rotates people into the top slot for a three-year term.

• This month, the Supreme Court announced that Justice William W. Hood III will take over next, beginning in the summer of 2027. He is the third-most-senior member of the court, and the two people ahead of him have already served/are serving as chief.

• “Justice Hood is an outstanding jurist and dedicated public servant who understands the critical role our courts play in upholding the rule of law and serving the people of Colorado. I congratulate him on being selected as the next chief justice of the Colorado Supreme Court,” said Attorney General Phil Weiser in a statement. “I also want to thank Chief Justice (Monica) Márquez for her exceptional leadership, integrity, and commitment to Colorado.”

Heard on appeal

• The state Supreme Court has intervened in a Weld County criminal prosecution that a trial judge dismissed due to the Colorado Bureau of Investigation’s toleration of a DNA analyst’s misconduct.

• The Supreme Court will also decide whether the Court of Appeals correctly interpreted the law requiring insurance companies to disclose vehicle policies that “may be relevant” to a claim.

• An incomplete self-defense instruction prompted the Court of Appeals to reverse a Denver murder conviction.

• The Court of Appeals upheld a defendant’s trophy hunting conviction, and clarified whether it matters that the defendant came back at a later date to take meat from the carcass.

• Citing a Colorado law that just took effect, the Court of Appeals reinstated a child welfare case that a trial judge dismissed because children (at the time) weren’t allowed to contest a county’s decision to dismiss a case.

• By 2-1, with strong views from all three judges, the Court of Appeals concluded it didn’t violate the Colorado Constitution for police to test a suspect’s DNA sample from discarded trash without a warrant.

• A group of schoolchildren attending jury selection in a child sexual exploitation trial didn’t undermine the fairness of the proceeding, the Court of Appeals decided.

• A Denver judge omitted key language from jury instructions in a murder and assault case, prompting the Court of Appeals to order a new trial.

In federal news

• The U.S. Court of Appeals for the 10th Circuit corrected the apparent misunderstanding of one of its members about the proper procedure for resentencing federal probation violators. By 11-1, the full court decided the two-step framework created by Judge Gregory A. Phillips in a 2022 opinion was not what Congress envisioned. Only Phillips stood by his original understanding.

• In another rare “en banc” case with the full court, the 10th Circuit seemed sympathetic to Colorado’s ability to regulate interest rates charged to its residents by banks chartered in other states.

• Finally, by 9-3, the 10th Circuit turned down full-court review of a case that could’ve increased the ability of taxpaying entities to use loopholes and avoid paying the taxes envisioned by Congress.

• The 10th Circuit granted immunity to police officers who shot and killed a man during a standoff in Manitou Springs.

• U.S. District Court Chief Judge Daniel D. Domenico took the extraordinary step of directing the government to return a man it deported in violation of his order. Although federal judges in Colorado have been finding legal violations by immigration personnel nonstop for nearly a year, this appears to be the first time in recent history that a judge has ordered the government to retrieve someone.

• A federal judge refrained from dismissing a medical contractor from a jail death lawsuit, and instead waited to hear from a bankruptcy judge about whether the company should remain a defendant.

• A Colorado Springs police officer can’t be liable for excessive force after he shot a fleeing suspect who had already menaced two people with a gun.

• A federal judge heard arguments about the constitutionality of Colorado’s three-day waiting period for gun purchases, and the confusion that certain 10th Circuit judges created through divergent precedents.

• A federal judge blocked Colorado from subjecting private prison contractor GEO Group to unannounced inspections under a new state law.

• Two federal judges spoke about the ways they try to exhibit compassion in the courtroom, and especially through their handling of criminal cases.

Vacancies and appointments

• The governor appointed Magistrate Lara Y. Nafziger to succeed retiring District Court Judge Michael P. McHenry in the Fourth Judicial District (El Paso and Teller counties).

• The governor also selected Boulder County Magistrate Thomas M. Ward to succeed retired District Court Judge Arturo G. Hernandez in the 17th Judicial District (Adams and Broomfield counties).

• The governor named prosecutor Leeah B. Lechuga to succeed retiring Larimer County Court Judge Kraig S. Ecton.

• There are three finalists to succeed retiring Denver District Court Judge A. Bruce Jones: Laura Cramer-Babycz, Magistrate Michelle L. Crozier Haynes, and Victor William “Bill” Scarpato III.

• There are three nominees to succeed District Court Judge Anthony Baca, who isn’t seeking retention, in the Sixth Judicial District (Archuleta, La Plata, and San Juan counties): Miles McFadden “Mac” Dudley, David Karl Ottman, and Dolores County Court Judge Kristen M. Tarrin.

• There are three finalists to succeed retiring Jefferson County Court Judge Keith Goman: Magistrate Nicholas Campbell, Victoria Cisneros, and Arapahoe County Magistrate Adam Hepp.

• Applications are due by Oct. 22 to succeed District Court Judge Jonathan Shamis in the Fifth Judicial District (Clear Creek, Eagle, Lake, and Summit counties). Shamis has been in the role for three years and would’ve faced retention this year.

• Applications are also due by Oct. 23 to succeed retiring Lincoln County Court Judge Miles Cabral, who was appointed only two years ago. The position does not require a law degree.

• Applications are due by Oct. 20 to succeed retiring Chief Judge Brian Flynn in Mesa County.

• Applications are due by Sept. 23 to succeed retiring Arapahoe County District Court Judge Bonnie McLean.

• Applications are due by Nov. 10 to succeed retiring Pueblo County Court Judge Steven Fieldman.

Miscellaneous proceedings

• A former aide in the Colorado House of Representatives has filed a lawsuit alleging she was forced to quit following retaliation from Rep. Sheila Lieder, D-Littleton.

On break

• Because things will be a bit slower during the summer, Court Crawl will be published every other week during July and August.