justice maria berkenkotter
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‘Pink elephants,’ gum and bias: Colorado judges discuss courtroom conduct with lawyers
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One member of the Colorado Supreme Court and a pair of trial judges spoke to lawyers on Wednesday about how to comport themselves in courtrooms at all levels of the judiciary, with advice ranging from nuanced lessons in cognitive bias to straightforward admonitions not to eat in court. “One of the things that happens in…
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Colorado Supreme Court ends lawsuit seeking refunds for CSU campus closure
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Colorado State University students may not claim their school unjustly enriched itself when it temporarily closed its physical campus during the COVID-19 pandemic and did not provide refunds, the Colorado Supreme Court ruled on Monday. On behalf of all people who paid student tuition and fees during the spring 2020 semester, Renee Alderman sued CSU…
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‘Our job is not necessarily to agree’: Appeals judges speak about compromises in decision-making
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Members of Colorado’s Supreme Court and Court of Appeals spoke to law students on Friday about when and how they compromise in their decision-making — and when they feel compelled to register disagreement. “We have different considerations than the Supreme Court,” said Judge Sueanna P. Johnson of the 22-member appeals court. “They are doing less than…
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Colorado justices debate what to do with medical records of driver following fatal Custer County crash
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The Colorado Supreme Court waded into a contentious dispute on Wednesday about how trial judges should decide whether a litigant’s medical records are confidential and what to do with other evidence that spawns from the private information. Complicating matters, many details about the appeal are shielded from public view due to the debate over confidentiality.…
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Fake evidence, new expectations and morality: Judges talk about AI in the law
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Judge Lino S. Lipinsky de Orlov shared with an audience of lawyers on Wednesday a story from last year’s judicial conference about one trial judge who suspected an attorney representing a domestic violence victim submitted a fake photo to the court of their badly beaten client. “The judge asked: Was this AI generated? And the…
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Colorado justices weigh constitutional implications of livestreaming criminal trials
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With the Sixth Amendment guaranteeing criminal defendants the right to a public trial, members of the Colorado Supreme Court grappled on Tuesday with a question that may have never arisen without a global pandemic: If a judge requires spectators to watch the trial remotely, is there a constitutional violation? In a pair of cases stemming…
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Appeals court warns lawyers, litigants: You will get in trouble for citing AI-invented cases
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Colorado’s second-highest court put attorneys and litigants on notice for the first time on Thursday that they will face consequences if they use artificial intelligence to submit filings with fake citations. A three-judge panel for the Court of Appeals declined to sanction a self-represented plaintiff after he acknowledged and apologized for his mistake. At the…
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Colorado Supreme Court wary of requiring child welfare workers to give Miranda warnings prior to interrogations
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Members of the Colorado Supreme Court seemed hesitant on Wednesday to endorse the idea that child welfare workers must provide a Miranda warning before interrogating a parent in custody, even if the conversation will later be used in a criminal prosecution. The state’s Court of Appeals previously upheld the murder convictions of two men, both…
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Colorado justices skeptical of unfairness allegations against Black Hills’ winter storm surcharge
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Members of the Colorado Supreme Court on Wednesday appeared unmoved by claims that the Public Utilities Commission’s authorized method of charging customers for $23 million in natural gas purchases during a winter storm was unreasonable. In advance of Winter Storm Uri in February 2021, Black Hills Energy bought additional gas to ensure continued service to…
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3 Colorado justices shrug off Trump decision, scandal fallout to cruise to retention
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Three Colorado Supreme Court justices easily won their retention elections on Tuesday, brushing off a recent controversial decision to disqualify the Republican presidential candidate and disapproval of how the court handled a contracting scandal. Chief Justice Monica M. Márquez, Justice Brian D. Boatright and Justice Maria E. Berkenkotter were poised to secure new 10-year terms,…