Author: Michael Karlik
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Justice Melissa Hart to step down from Colorado Supreme Court
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Justice Melissa Hart will step down from the Colorado Supreme Court effective Jan. 5, the Judicial Department announced unexpectedly on Friday. Hart has been on an unexplained and unusual leave of absence from the court since Oct. 28. She told Colorado Politics in November that the leave was for “family and personal health reasons” but provided no…
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Colorado Supreme Court may address ‘new form of representation’ in criminal case
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The Colorado Supreme Court signaled last week that it may get involved in an ongoing Denver criminal proceeding in which the prosecution alleges a trial judge sidestepped the clear rules for appointing defense counsel. At least four of the court’s seven members must agree to intervene in a case outside the typical appellate process. Clemente…
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Justices debate what to do when governments withhold key info from plaintiffs
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Members of the Colorado Supreme Court seemed to be on different pages when they considered on Tuesday whether a woman injured by a sidewalk defect in Manitou Springs was forever barred from suing the actual entity responsible because she did not learn until it was too late that Colorado Springs was the proper defendant. The…
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Colorado justices splinter over approach to sentencing review
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Members of the Colorado Supreme Court were divided on Monday about whether vehicular homicide stemming from intoxicated driving is “grave and serious” in every possible scenario, with two justices suggesting the court reconfigure its approach for determining the proportionality of criminal sentences. The Eighth Amendment’s prohibition on cruel and unusual punishment means sentences cannot be…
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Judicial fees, furniture under scrutiny as Colorado lawmakers consider budget request
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Members of the legislature’s Joint Budget Committee expressed concerns last week about aspects of the judiciary’s requested $845 million budget for courts and probation, while also hearing about the Judicial Department’s relatively restrained spending over time. “If you adjust for inflation, spending has actually gone down” for the trial courts, said staff analyst Amanda Bickel.…
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Colorado Supreme Court approves tenant-friendly rule change, broadens professional discipline for sexual misconduct
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The Colorado Supreme Court approved a set of rule changes last week that will make it easier for tenants facing eviction to respond to and learn about their landlord’s initial court filing, and for lawyers to be held professionally accountable for unlawful sexual conduct. On Dec. 11, the justices enacted a change to the civil…
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Colorado commission makes new access-to-justice recommendations after renewed listening tour
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Adding judges to handle caseloads. Expanding authority for paraprofessionals in civil cases. Allowing self-represented litigants to file electronically. Making the judiciary’s website user-friendly. Those were among the recommendations advanced by the Colorado Access to Justice Commission in a report released Friday, following 22 listening sessions earlier this year. The report was a follow-up to a similar…
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‘Deep source of pride’: Federal judge speaks about first year on bench, how he spends his time
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One of Colorado’s newest federal judges spoke on Thursday about his first year on the bench, his philosophy behind facilitating case settlements and how his background as a public defender informs his current role. “Most of my career, I represented poor people or people who didn’t have enough money for an attorney,” said U.S. Magistrate…
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Appeals judge believes revised ‘reasonable doubt’ definition is unconstitutional
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Although Colorado’s second-highest court has issued multiple decisions in recent months upholding a revised definition of “reasonable doubt” from three years ago, an appellate judge became the first on Thursday to argue that a key phrase violates defendants’ constitutional right to due process. Judge Michael H. Berger warned that, in his view, it is problematic…
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CDOT did not violate constitutional rights of outdoor advertising company, appeals court says
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Colorado’s second-highest court concluded last month that the Colorado Department of Transportation did not violate the constitutional rights of an outdoor advertising company by denying two permits for billboards in Adams County. StreetMediaGroup, LLC argued CDOT violated its right to equal protection under the law by allowing “large, influential competitors” to maintain signs not in…
