Author: Michael Karlik
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Justice Hart to leave Supreme Court, new recs from Access to Justice Commission | COURT CRAWL
Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. A member of the Colorado Supreme Court unexpectedly announced her retirement from the bench, plus the state’s Access to Justice Commission has made recommendations following a renewed listening tour. Justice Hart exits • Justice Melissa Hart, a member of the Colorado…
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Colorado Supreme Court holds municipal sentences may not be greater for identical state crimes
The Colorado Supreme Court ruled on Monday that municipalities may not subject defendants to sentences that are harsher under their own ordinances than for identical offenses under state law. In the Dec. 22 opinion, Chief Justice Monica M. Márquez noted localities are free to prosecute defendants in municipal court for crimes that could also be…
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Divided appeals court nullifies defendant’s $37,000 restitution obligation due to faulty order
Colorado’s second-highest court concluded on Thursday that a defendant has no obligation to pay nearly $37,000 in crime victim restitution due to a faulty order that even the trial judge acknowledged was contrary to the law. In Colorado, as part of sentencing, judges must consider whether defendants owe financial restitution to their victims. If so,…
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Justice Melissa Hart to step down from Colorado Supreme Court
Justice Melissa Hart will step down from the Colorado Supreme Court effective Jan. 5, the Judicial Department announced unexpectedly on Friday. Hart has been on an unexplained and unusual leave of absence from the court since Oct. 28. She told Colorado Politics in November that the leave was for “family and personal health reasons” but provided no…
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Colorado Supreme Court may address ‘new form of representation’ in criminal case
The Colorado Supreme Court signaled last week that it may get involved in an ongoing Denver criminal proceeding in which the prosecution alleges a trial judge sidestepped the clear rules for appointing defense counsel. At least four of the court’s seven members must agree to intervene in a case outside the typical appellate process. Clemente…
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Justices debate what to do when governments withhold key info from plaintiffs
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 splinter over approach to sentencing review
Members of the Colorado Supreme Court were divided on Monday about whether vehicular homicide stemming from intoxicated driving is “grave and serious” in every possible scenario, with two justices suggesting the court reconfigure its approach for determining the proportionality of criminal sentences. The Eighth Amendment’s prohibition on cruel and unusual punishment means sentences cannot be…
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Judicial fees, furniture under scrutiny as Colorado lawmakers consider budget request
Members of the legislature’s Joint Budget Committee expressed concerns last week about aspects of the judiciary’s requested $845 million budget for courts and probation, while also hearing about the Judicial Department’s relatively restrained spending over time. “If you adjust for inflation, spending has actually gone down” for the trial courts, said staff analyst Amanda Bickel.…
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Colorado Supreme Court approves tenant-friendly rule change, broadens professional discipline for sexual misconduct
The Colorado Supreme Court approved a set of rule changes last week that will make it easier for tenants facing eviction to respond to and learn about their landlord’s initial court filing, and for lawyers to be held professionally accountable for unlawful sexual conduct. On Dec. 11, the justices enacted a change to the civil…
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Colorado commission makes new access-to-justice recommendations after renewed listening tour
Adding judges to handle caseloads. Expanding authority for paraprofessionals in civil cases. Allowing self-represented litigants to file electronically. Making the judiciary’s website user-friendly. Those were among the recommendations advanced by the Colorado Access to Justice Commission in a report released on Dec. 12, following 22 listening sessions earlier this year. The report was a follow-up to…