general assembly
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Appeals court interprets ambiguous phrase in Colorado’s criminal records sealing law
Colorado’s second-highest court last month interpreted for the first time an ambiguous phrase in a 2019 law, and concluded a man convicted two decades ago for securities fraud was not entitled to have his criminal records sealed. Lawmakers enacted House Bill 1275 nearly five years ago to increase the availability of records-sealing for people convicted of less serious…
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Judicial branch tells oversight committees that cost of new judgeships has decreased
Judicial branch leaders told lawmakers on Monday that their priority for the legislative session — the establishment of 29 new judgeships across Colorado — has come down in cost amid broad concerns about the state’s budget deficit. Chief Justice Monica M. Márquez and State Court Administrator Steven Vasconcellos previously informed the Joint Budget Committee that the cost of…
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‘Chutzpah’: Colorado justices raise eyebrows at Weld County’s assertion it can evade redistricting law
Members of the Colorado Supreme Court appeared incredulous on Wednesday as a lawyer for Weld County argued the jurisdiction did not need to follow the state’s redistricting law, maintained it should not have to redraw its commissioner districts for nine more years, and declined to say whether the county would even comply with a Supreme…
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Gov. Jared Polis names a new chief of staff
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
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
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
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
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…