general assembly
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Gov. Jared Polis names a new chief of staff
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Gov. Jared Polis announced Tuesday that David Oppenheim, a long-time staffer in the governor’s policy office, will become his new chief of staff, effective Sept. 13. He will replace Alec Garnett, who has been in that role since Jan. 1, 2023. Garnett is headed to UC Health to become vice president for government and regulatory…
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Divided appeals court rules child neglect determinations cannot hinge on uncertain effects of drug exposure
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Colorado’s second-highest court ruled on Thursday that a recent change to the state’s child neglect laws requires more than just the possibility an infant exposed to drugs at birth will experience negative health effects in the future. Prior to 2020, a court could declare a child neglected if, among other things, they tested positive at…
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Colorado Supreme Court to hear cases on Weld County redistricting, Xcel electrocution
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The Colorado Supreme Court announced recently that it will hear appeals in multiple cases, including whether Weld County must follow state law when drawing new legislative districts and when utilities may be held liable for injuries caused by their power lines. At least three of the court’s seven members must agree to take up a…
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As Colorado Supreme Court weighs life without parole for felony murder, ex-lawmaker casts doubt on state’s argument
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As the Colorado Supreme Court sits down on Monday to decide whether defendants convicted of felony murder prior to 2021 should receive new sentences less severe than life without the possibility of parole, a key legislative change will play a prominent role in the legal analysis. However, according to the lawmaker who led the effort…
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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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Appeals court rejects state’s argument that severely disabled sex offenders cannot de-register
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Colorado’s second-highest court last week clarified for the first time that a 2018 change to state law now permits severely disabled sex offenders who are otherwise required to register for life to discontinue their registrations. Defendants convicted of certain serious sex crimes are generally required to register for the rest of their lives. However, the legislature in 2018 enacted…
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Appeals court finds no connection to local government necessary to enforce open meetings law
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For the first time, Colorado’s second-highest court ruled last week that every person in the state may challenge governmental compliance with the open meetings law, regardless of whether they have a connection to the government body at issue. In 2014, state legislators amended the open meetings law to allow “any person” whose rights were denied…
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Federal judge weighs whether to block new law governing loans to Colorado residents
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A federal judge on Thursday heard arguments from the banking industry and bank regulators about whether Colorado is exceeding its authority by subjecting out-of-state banks to Colorado’s interest rate caps on loans through a new law set to take effect on July 1. The controversy has implications for Coloradans’ access to financial products with high…
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Appeals court clarifies excessive force standards under new landmark Colorado law on policing
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For the first time on Thursday, Colorado’s second-highest court clarified that the same standard federal courts use to evaluate excessive force claims applies to the landmark law on policing that state legislators passed in 2020. The General Assembly enacted Senate Bill 217, also known as the Enhance Law Enforcement Integrity Act, amid global demonstrations following the…