brian boatright
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Colorado justices skeptical of ‘free house’ loophole in bankruptcy case
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Members of the Colorado Supreme Court appeared wary on Tuesday of the idea that bankruptcy can trigger a six-year window for foreclosure, after which banks are no longer able to take possession of a home – even if decades remain on the mortgage itself. Beyond the legal and practical concerns behind the “free house” interpretation of…
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By 4-3, Supreme Court says no Miranda warning necessary for man repeatedly told he was under arrest
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Even though Longmont police warned a man four times he was under arrest, told him “we are going to take you to jail” and stood in his doorway, the Colorado Supreme Court on Monday ruled that the man was not effectively in custody at the time. The 4-3 decision from the Supreme Court meant the…
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State Supreme Court takes unusual step of soliciting public comment for virtual hearings policies
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In an atypical move not afforded to most judicial policymaking, the Colorado Supreme Court has invited the public to comment on a pair of proposals that aim to preserve access to live streamed court proceedings across the state and lay down uniform guidance for virtual hearings. The policies, known as chief justice directives, reflect the…
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Culture, discipline, access take center stage at judicial oversight hearings
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Members of the General Assembly’s judiciary committees pressed the chief justice and his top administrator on Wednesday about planned reforms to improve workplace culture and access to justice for litigants, with specific questioning about a forthcoming directive on virtual hearings. Representatives from the state’s commission on judicial discipline also spoke at length, alerting lawmakers to…
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Chief justice tells legislature about accomplishments, planned reforms to judiciary
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Chief Justice Brian D. Boatright on Friday told the legislature the state’s judicial branch is making progress on diversity and workplace culture, while warning lawmakers about the need to address low compensation and problematic levels of turnover. Boatright also threw his endorsement behind two new proposals that would reform the process for disciplining judges, including an amendment…
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State Supreme Court explores role of shifting explanations in race-based juror dismissals
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Over 30 years ago, the U.S. Supreme Court recognized that purposeful racial discrimination in jury selection is unconstitutional, requiring prosecutors to now cite a “race-neutral reason” if a defendant challenges their decision to remove a juror of color. This week, the Colorado Supreme Court considered a narrow question implicating that protocol: If an appeals court…
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‘Once-in-a-lifetime experience’: Supreme Court, students engage at Colorado Springs school
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It took social studies teacher Ty Allen several years to bring the Colorado Supreme Court to his high school in Colorado Springs, but Allen’s efforts paid off on Thursday when the state’s seven justices appeared before an auditorium of Pine Creek High School students and staff. “I’ve been reaching out to them every couple of…
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Divided state Supreme Court says judges cannot review discipline of judicial workers
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In an extraordinary decision pitting one part of the state’s judicial branch against another part, the Colorado Supreme Court decided on Monday, by 4-3, that trial judges are not permitted to hear disciplinary appeals involving judicial employees – an option afforded to other government workers. The majority of justices believed the court system’s personnel rules made…
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From ‘eccentric’ family to pandemic-era justice: Maria Berkenkotter ceremonially sworn in to Supreme Court
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Justice Maria E. Berkenkotter poked gentle fun at the unusually large gap between her first day on the job in January 2021 and her public swearing-in nearly 21 months later. “Thank you all so much for being here to celebrate the 633rd-day anniversary of my appointment,” Berkenkotter said to laughter during her late-September ceremony. Gov.…
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State Supreme Court rules judge properly barred defendant’s wife from courtroom
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Even though an Arapahoe County judge made no mention of longstanding U.S. Supreme Court precedent on courtroom closures when he decided to exclude a defendant’s wife from the majority of her husband’s criminal trial, Colorado’s highest court has decided, 6-1, the banishment was nevertheless proper. The Sixth Amendment guarantees criminal defendants a public trial, and…
