Colorado Supreme Court opinions shrink in volume but stir policy debate

By Michael Karlik | Denver Gazette

Justice Richard Gabriel outpaced his peers by far in the volume of written opinions and his frequency in dissent

The Colorado Supreme Court’s most visible decision of its recently concluded term may actually be the one it made five years ago.

In 2020, with the retirement of then-Chief Justice Nathan B. Coats, the court’s other members decided to switch to a rotational method of filling the seat, with the judicial branch’s top job term-limited to approximately three years. Last summer, the first rotation occurred, with Justice Brian D. Boatright stepping down and Chief Justice Monica M. Márquez stepping in.

Since then, the “Márquez court” has made big moves in key areas.

It decided a bundle of five appeals about crime victim restitution that effectively excused trial judges from strictly complying with the law in certain instances; adopted a rule to curb racial discrimination in jury selection that advocates deemed far weaker than originally proposed; and permitted local governments to sue fossil fuel producers over alleged local impacts of climate change.

The justices also took the unusual step of issuing an opinion recognizing the right to a jury trial in some eviction cases — only to rescind it months later and leave the issue to the legislature. In another case, lawmakers acted immediately to change Colorado law and overrule the court’s 4-3 interpretation of the competency process for juvenile defendants.

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