Author: Michael Karlik
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10th Circuit says landowner cannot sue ex-Routt County judge for statements in decision
A Routt County landowner cannot sue a former judge for his allegedly inaccurate statements in a case where the landowner was not a party, the Denver-based federal appeals court decided on Wednesday. Anne Fitzsimmons, who lives in Germany, owns a residence and farm in Routt County that includes a single-lane easement. She alleged that a…
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Parole, appeals deadlines and restitution: Colorado justices accept cases
The Colorado Supreme Court announced on Monday that it will determine how a defendant’s parole-eligibility date should be calculated in instances where a new trial results in a sentence being imposed retroactively to the date of the original, since-overturned sentence. At least three of the court’s seven members must agree to hear a case on…
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3 Colorado judges receive unfavorable retention recommendation as one performance commission violates rules
Of the 123 Colorado judges standing for retention on the November ballot, citizen-led performance commissions found that three did not meet the required performance standards. However, in an unprecedented move, the commission charged with evaluating Supreme Court and Court of Appeals members stepped in to issue its own narrative after it concluded the local performance…
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10th Circuit weighs Gross Reservoir expansion, judge’s ‘punishment’ of Denver Water
Members of the Denver-based federal appeals court considered on Friday whether they could intervene in an ongoing infrastructure project to enlarge a Boulder County dam after a trial judge deemed the underlying permit unlawful nearly two years ago. Denver Water has completed construction on the now-471-foot Gross Dam. However, an injunction still prevents the utility…
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10th Circuit upholds federal prohibition on juvenile handgun possession
The Denver-based federal appeals court concluded on Monday that Congress acted within its constitutional powers to make it a crime for juveniles to possess handguns in most instances. The decision from the U.S. Court of Appeals for the 10th Circuit was highly unusual, as it involved a juvenile defendant’s prosecution in federal court. The Juvenile…
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Senate advances judicial nominee, Montezuma County judge agrees to discipline | COURT CRAWL
Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. A U.S. Senate committee advanced a judicial nominee from Colorado, plus a Montezuma County judge agreed to receive discipline for his misconduct that stops short of removal from the bench. Senate advances Domenico • The Senate Judiciary Committee voted along…
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10th Circuit partially revives lawsuit over 2020 Denver protest injuries
The Colorado-based federal appeals court revived a man’s claims against Denver on Friday after concluding a trial judge resolved the case in the city’s favor without analyzing two of the three instances of alleged excessive force and other constitutional violations. For the past six years, plaintiffs have litigated several lawsuits arising from the demonstrations that…
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Federal judges find Colorado immigration judge violated several orders
Multiple federal judges in Colorado have freed people from immigration custody after determining that one immigration judge violated their directives for properly conducting bond hearings. For nearly a year, Colorado’s U.S. District Court has faced a flood of habeas corpus petitions from those in immigration detention. The most common allegation is that the government is improperly…
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Misconduct complaints from ex-Colorado judicial discipline director dismissed against federal judges
The administrative body for the Denver-based federal appeals court upheld a finding last week that misconduct complaints against Colorado’s chief federal trial judge and the chief appeals judge warranted dismissal and appeared to be a “litigation tactic” by the complaining party. The Judicial Council of the U.S. Court of Appeals for the 10th Circuit concluded…
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First-ever Red Rocks naturalization ceremony draws most diverse group of new citizens
Colorado’s federal trial court held its first-ever naturalization ceremony for nearly 300 new citizens on Thursday at Red Rocks Park and Amphitheatre. “We’re doing it to commemorate the 250th anniversary of the Declaration of Independence and the United States. Red Rocks is a particularly fitting location for this. It’s a place that, of course, reminds…