judge pax moultrie
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Colorado justices, appeals judges speak of need to keep heads down amid political attacks
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Two members of the Colorado Supreme Court and three Court of Appeals judges discussed their obligation on Tuesday to refrain from pushing back overtly on political attacks or misrepresentations of their work. Chief Justice Monica M. Márquez also disclosed certain strategies the judicial branch is employing to counter tangible threats to judges’ security. “My concern is…
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Colorado Supreme Court to address validity of plaintiff’s waiver for snowboarding injuries
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The Colorado Supreme Court announced on Monday that it will decide whether a man injured while snowboarding may proceed with his lawsuit, despite a series of waivers — including one he signed years after his accident — releasing the resort from liability. At least three of the court’s seven members must agree to hear a…
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Colorado justices consider when parents forfeit right to jury trial in child neglect cases
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For parents involved in child neglect cases, Colorado lawmakers have given them the right to ask for a jury trial on the question of whether their children are neglected — a right they give up if they fail to appear at trial. On Tuesday, members of the Colorado Supreme Court heard arguments in three cases in…
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Appeals court overturns El Paso County domestic violence convictions for improper testimony
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Colorado’s second-highest court on Thursday overturned a man’s domestic violence convictions because a witness’s improper testimony had provided the only link between the defendant and the assault in question. Generally, courts do not allow hearsay testimony, which means out-of-court statements introduced to prove the truth. Such statements are not subject to cross-examination under oath, making…
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Appeals court overturns Weld County drug convictions after officer gave improper testimony
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Colorado’s second-highest court on Thursday overturned a man’s drug convictions and 36-year prison sentence because a law enforcement officer improperly testified the defendant had met the legal elements to be found guilty. An expert witness cannot “usurp” the jury’s role by testifying about the conclusion jurors should reach. The Court of Appeals has previously ordered…
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‘We all have to take care of each other’: Appeals judges get personal in Jeffco high school appearance
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Three members of the Court of Appeals fielded questions from Jefferson County students on Thursday about the personal aspects of judging, including how they combat their biases and how the cases they hear affect their mental health. Judge Lino S. Lipinsky de Orlov responded that the judges signed up to deal with difficult subject matter,…
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Appeals court finds El Paso County magistrate erred in 2 cases
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Colorado’s second-highest court last month concluded a former El Paso County magistrate did not follow the law or the rules governing magistrates when adjudicating two complex family disputes. The first case revolved around the guardianship of Martin Acosta, a developmentally disabled man in his mid-50s. His mother had been his legal guardian since 1997, but…
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Appeals court overturns Douglas County judge’s unlawful $22k restitution order
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A Douglas County judge ordered a defendant to pay crime victim restitution eight months beyond the legal deadline and nearly two years after the Colorado Supreme Court warned trial judges to follow the law, the state’s second-highest court ruled on Thursday. The Court of Appeals also noted former District Court Judge Patricia Herron “recharacterized history”…
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Colorado Supreme Court censures ex-Denver juvenile Judge Brett Woods for alcohol use, retaliation
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The Colorado Supreme Court censured former Denver Juvenile Court Presiding Judge D. Brett Woods on Monday for being intoxicated on the job and for firing an employee who first reported his problematic alcohol use five years ago. Woods was a judge on Denver’s freestanding juvenile court for 17 years before stepping down in February. His…
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Colorado Supreme Court to examine whether portion of anti-SLAPP law is unconstitutional
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The Colorado Supreme Court announced on Monday that it will address whether lawmakers inadvertently violated the state constitution by creating a unique pathway for appeals under a law designed to shield First Amendment conduct from lawsuits. At least three of the court’s seven members must agree to hear a case on appeal. The justices also accepted…
