justice maria berkenkotter
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Colorado justices find portion of anti-SLAPP law unconstitutional
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The Colorado Supreme Court ruled on Monday that a 2019 law designed to protect the exercise of First Amendment rights conflicts with the state constitution in certain scenarios involving appeals from county courts. Known as the “anti-SLAPP” law, which stands for “strategic lawsuits against public participation,” the legislature provided a mechanism for quickly disposing of litigation…
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Colorado justices weigh overlap between child prostitution offenses
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Members of the Colorado Supreme Court last week appeared willing to uphold a man’s conviction for an attempted child prostitution offense, which the state’s second-highest court previously found to be a violation of his right to equal protection under the law. An El Paso County jury convicted Javier Vega Dominguez of two attempted child prostitution…
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Colorado justices weigh constitutionality of student backpack search based on confidential tip
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The Colorado Supreme Court considered on Wednesday whether a tip submitted through the state’s confidential school safety system provided a Douglas County administrator with reasonable suspicion to search a student’s backpack for drugs. A trial judge blocked evidence from the search from being used against the child, prompting the district attorney’s office to appeal directly…
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Colorado Supreme Court struggles with rubric for significant reductions in parenting time
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The Colorado Supreme Court attempted to identify on Wednesday the circumstances under which judges may reduce the number of days a parent spends with their child post-divorce without it rising to the level of a “restriction” that requires more rigorous justification under the law. During oral arguments, some members expressed discomfort with a recent Court…
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‘Lawyers haven’t gotten the message’: Colorado justices hear debate about proposed AI rule
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The Colorado Supreme Court heard comments from members of the legal profession last week about a proposed rule change intended to remind attorneys that misuse of new artificial intelligence tools can violate longstanding professional obligations. Court of Appeals Judge Lino S. Lipinsky de Orlov, who chairs the Rules of Professional Conduct Standing Committee, told the…
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Colorado Supreme Court ponders insurers’ ability to defend against policyholders
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The Colorado Supreme Court considered last week what steps insurance companies must take to defend themselves against lawsuits from injured policyholders who, based on a technicality, were legally not at fault for their injuries. When an insured driver has an accident with someone who is uninsured, they may obtain benefits under their own insurance policy…
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Colorado Supreme Court finds judge mistakenly barred evidence over officer’s failure to unmute body cam
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A Fremont County judge incorrectly barred evidence from being used against a defendant based upon a Cañon City officer’s failure to unmute his body-worn camera, the Colorado Supreme Court decided on Monday. Under a comprehensive police accountability law enacted in 2020, law enforcement officers are generally required to wear and use body-worn cameras when interacting with…
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Justices debate what to do when governments withhold key info from plaintiffs
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Members of the Colorado Supreme Court seemed to be on different pages when they considered on Tuesday whether a woman injured by a sidewalk defect in Manitou Springs was forever barred from suing the actual entity responsible because she did not learn until it was too late that Colorado Springs was the proper defendant. The…
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Colorado justices lay down framework for analyzing defamation lawsuits involving ‘public interest’ issues
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The Colorado Supreme Court clarified on Monday how judges should evaluate whether lawsuits arising from a person’s speech — in particular, online consumer reviews — are connected to an “issue of public interest” and merit protection from legal liability. As part of the framework, the justices concluded a person’s motive in speaking is irrelevant to…
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Colorado justices ponder scope of law curbing insurers’ ability to allege failure to cooperate
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Members of the Colorado Supreme Court pondered a question last week that could have sweeping ramifications for those making insurance claims: When the legislature required insurance companies to take certain steps before accusing policyholders of failing to cooperate in an investigation, do those protections apply to every request an insurer might make? Leading up to…
