judge robert hawthorne
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Appeals court divided over whether La Plata County judge’s illegal sentence is ‘salvageable’
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Colorado’s second-highest court on Thursday agreed a La Plata County judge imposed an illegal sentence, but remained divided about whether it should repair the problem itself. In the underlying case, Jacob Daniel John Jost pleaded guilty in 2023 to criminal mischief and received a sentence of two years’ probation. Later that year, he violated his…
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Colorado justices weigh broad definition of ‘criminal justice agency’ in open records lawsuit
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Although members of the Colorado Supreme Court appeared wary on Tuesday of finding a large swath of the government can be deemed a “criminal justice agency,” they also recognized lawmakers used broad language to seemingly sweep public entities into that category. The case at hand questions whether the Peace Officer Standards and Training (POST) Board, as…
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Divided appeals court strikes down campaign disclosure requirement in Colorado law
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Colorado’s second-highest court on Thursday concluded the state’s requirement that ballot issue advocacy groups disclose the name of their legal representative on their election communications violates the First Amendment. By 2-1, a three-judge panel of the Court of Appeals believed there was no material benefit to the public from knowing who the registered agents are…
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Appeals court clarifies water conservancy districts must follow TABOR
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Colorado’s second-highest court clarified last week that water conservancy districts must seek voter approval pursuant to the Taxpayer’s Bill of Rights, or TABOR, before increasing their tax rates. Previously, a Logan County judge believed the law creating water conservancy districts, which existed prior to voters’ enactment of TABOR in 1992, mandated district boards to set tax…
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Appeals court clarifies water conservancy districts must follow TABOR
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Colorado’s second-highest court clarified last week that water conservancy districts must seek voter approval pursuant to the Taxpayer’s Bill of Rights, or TABOR, before increasing their tax rates. Previously, a Logan County judge believed the law creating water conservancy districts, which existed prior to voters’ enactment of TABOR in 1992, mandated district boards to set tax…
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Appeals court clarifies water conservancy districts must follow TABOR
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Colorado’s second-highest court clarified last week that water conservancy districts must seek voter approval pursuant to the Taxpayer’s Bill of Rights, or TABOR, before increasing their tax rates. Previously, a Logan County judge believed the law creating water conservancy districts, which existed prior to voters’ enactment of TABOR in 1992, mandated district boards to set tax…
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Divided appeals court says local governments may authorize noise limits exceeding state law
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Colorado’s second-highest court ruled for the first time earlier this month that local governments may authorize noise permits for activities on private property that exceed the levels set in state law. By 2-1, a three-judge panel of the Court of Appeals concluded the state’s Noise Abatement Act allowed the city of Salida to issue outdoor…
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Divided appeals court says local governments may authorize noise limits exceeding state law
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Colorado’s second-highest court ruled for the first time earlier this month that local governments may authorize noise permits for activities on private property that exceed the levels set in state law. By 2-1, a three-judge panel of the Court of Appeals concluded the state’s Noise Abatement Act allowed the city of Salida to issue outdoor…
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Divided appeals court says local governments may authorize noise limits exceeding state law
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Colorado’s second-highest court ruled for the first time earlier this month that local governments may authorize noise permits for activities on private property that exceed the levels set in state law. By 2-1, a three-judge panel of the Court of Appeals concluded the state’s Noise Abatement Act allowed the city of Salida to issue outdoor…
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Colorado credit union’s update of terms, ‘buried’ in email, provided sufficient notice to customers, court says
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A Colorado credit union gave sufficient notice to consumers when it announced a change to customers’ legal rights in two sentences at the bottom of an email that required multiple clicks to see the new policy, the Court of Appeals ruled last week. Although a three-judge panel of the appellate court agreed Ent Credit Union…
