eviction
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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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Colorado Supreme Court committee advances tenant-friendly rule change
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The Colorado Supreme Court’s Civil Rules Committee advanced a proposal on Friday that would make it easier for tenants facing eviction to respond to and learn about their landlord’s initial court filing. Several members of the committee were torn about the wisdom of the relatively narrow change now headed to the full court. State law…
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Colorado Supreme Court committee debates tenant-friendly eviction proposal
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Members of the Colorado Supreme Court’s civil rules committee vigorously debated a proposed rule change last month that would make it easier for tenants facing eviction to respond to and learn about their landlord’s initial court filing. As drafted, the disputed provision would require that a case number be assigned to a landlord’s complaint before…
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Colorado Supreme Court orders Denver County Court to let man pay for eviction appeal
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The Colorado Supreme Court on Thursday ordered the Denver County Court to let a tenant use his rental assistance checks to pay for the appeal of his eviction. In an unsigned order, the justices noted a trial judge incorrectly denied Justin Soliz’s motion to halt his imminent eviction after the clerk’s office refused to accept…
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Colorado Supreme Court signals intervention in eviction, attorney conflict cases
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The Colorado Supreme Court signaled this month that it may intervene in multiple trial court proceedings, including an unusual standoff in which a county court clerk’s office is allegedly refusing to accept a man’s payment that would enable him to appeal his eviction case. At least four of the seven justices must agree to take up a…
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Colorado Supreme Court retracts decision recognizing right to jury trial in eviction cases
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The Colorado Supreme Court took the extraordinary step on Monday of retracting its two-month-old decision recognizing tenants have the right to a jury trial in certain eviction disputes. In a three-page, unsigned order, the Supreme Court explained its prior opinion “rested on a factual premise that the Court has now been advised was inaccurate.” Rather…
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Colorado justices, 4-2, rule tenants have right to a jury trial in eviction cases
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Noting that trial judges across the state are routinely denying tenants the ability to have a jury hear their eviction cases, the Colorado Supreme Court ruled on Monday that certain types of disputes do qualify for a jury trial after all. By 4-2, the Supreme Court’s majority acknowledged the concern that county courts, where evictions…
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Appeals court rules Colorado free speech law applies in eviction cases, urges legislature to reconsider
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Colorado’s second-highest court ruled for the first time last week that a 2019 law intended to protect First Amendment activity from litigation does apply to eviction proceedings and to claims across the board, not simply to defamation lawsuits. However, in an unusual move, a three-judge panel for the Court of Appeals explicitly called on lawmakers…
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Colorado justices signal intervention in 4 ongoing cases, including jury trials for evictions and Ouray rape prosecution
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The Colorado Supreme Court recently signaled it may intervene in four ongoing cases in the trial courts on subjects that include a tenant’s right to a jury trial in eviction proceedings, whether defendants should remain incarcerated pending a sanity evaluation and a judge’s decision to sanction prosecutors for late-disclosed evidence. Although most of the Supreme…
