justice melissa hart
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Despite tough talk, Colorado justices punch holes in 2021 crime victim restitution ruling
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In a package of five opinions released on Tuesday, the Colorado Supreme Court stood by its general interpretation of the state’s crime victim restitution law from four years ago, while it simultaneously agreed that some judges’ violations of the law are not subject to challenge. The marathon set of oral arguments last fall made clear…
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Colorado Supreme Court skeptical of broad municipal power to permit violations of state noise limits
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Members of the Colorado Supreme Court attempted on Thursday to decipher a 38-year-old amendment to the state’s noise pollution law to determine if local governments may permit any for-profit entity to host events on private property that exceed the statewide decibel limits. In doing so, multiple justices were openly skeptical of the city of Salida’s…
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Colorado justices ponder whether defendants must repay money police use for drug buys
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If undercover police officers buy drugs from a suspected drug dealer, but they let him leave with the money and never recover it, is the defendant obligated to repay the amount as crime victim restitution? Members of the Colorado Supreme Court grappled with the question on Thursday, with multiple justices wondering how the state’s restitution…
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Colorado justices talk about their jobs, obligation to be non-political in El Paso County school visit
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The Colorado Supreme Court traveled to El Paso County on Thursday, where members fielded questions from high school students on topics that included how they got their seats, what they do to relax, and the best and worst parts of the job. “I honestly think the worst part of our job is we deal with…
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Colorado justices confirm SCOTUS stalking ruling limited to speech
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The Colorado Supreme Court confirmed on Monday that a 2023 ruling from the nation’s highest court imposing a higher burden on stalking prosecutions does not apply to cases where the alleged stalker’s conduct, not the words he uses, is the problem. The U.S. Supreme Court handed down its ruling in Counterman v. Colorado two years ago, in…
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Colorado justices weigh rights of accusers, accused in campus sexual misconduct inquiries
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Members of the Colorado Supreme Court considered on Wednesday whether alleged victims of campus sexual misconduct can be sued for statements they make during a school’s investigation, especially if the inquiry lacks safeguards protecting an accused student’s rights. Generally, what someone says during the course of judicial proceedings has “absolute privilege,” meaning their statements cannot…
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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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All about the ‘quandary’: Judges talk about when Colorado Supreme Court wades into federal cases
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For the most part, cases that are filed in state court proceed linearly through the state trial courts, appellate court and Supreme Court. Likewise, federal cases are heard by a federal trial judge, a federal appeals court and, on rare occasions, the nation’s highest court. But sometimes, when a federal case involves a question of…
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Colorado justices uphold sanction against lawyer for being a ‘bully’ to school employees
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The Colorado Supreme Court agreed on Monday that a public censure with a medical evaluation was an appropriate sanction for an attorney who, in his own words, acted like a bully toward school employees in the presence of his teenage client. Igor Raykin had appealed the punishment imposed by Colorado’s presiding disciplinary judge, arguing in…
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‘It’s fun’: Justice Melissa Hart joins counterparts in advocating for state supreme court clerkships
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Justice Melissa Hart spoke on Monday about what aspiring law clerks should consider when applying to work at the Colorado Supreme Court, including the ability to be involved in more than just screening appeals and drafting decisions. “I think people would be surprised to know — and I don’t know how much this is true in…