Courts

Colorado Senate committee rejects judicial watchdog picks over misconduct concerns

In a bipartisan rebuke of how a years-long scandal has been handled, a Colorado Senate committee on Monday made the rare move of not approving the gubernatorial reappointment of the top two members of the state’s Commission on Judicial Discipline.

Just months after voters statewide overwhelmingly chose to change how Colorado disciplines judges, the state Senate Judiciary Committee voted — 4-3, with two Democrats joining the panel’s two lone Republicans — to offer an unfavorable recommendation to the full Senate on the reappointment of Mindy Sooter and Jim Carpenter, the chair and vice-chair, respectively, of the 10-member commission.

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Flawed filing stalls Peters’ release bid as DOJ weighs in and President Trump demanding action

A federal judge on Monday warned former Mesa County clerk Tina Peters that her request to be released while she appeals her 2024 criminal convictions appears to be brought improperly and may be subject to dismissal.

Jurors convicted Peters for her role in a security breach of her office’s voting equipment. She is currently serving a nine-year sentence of incarceration. While the state’s Court of Appeals reviews her conviction, Peters has filed a federal petition for “habeas corpus,” a legal tool used to challenge one’s confinement. Specifically, Peters is seeking to be released on bond while her appeal moves forward in state court.

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Northeast Colorado judge resigns after allegations of undisclosed ties to former client

A judge from northeastern Colorado resigned at the end of Wednesday, and, in doing so, admitted to allegations that he used his position to aid a friend in her court case and did not disclose his personal connection in other cases involving that friend.

District Court Judge Justin B. Haenlein presided in the 13th Judicial District of Morgan, Logan, Sedgwick, Phillips, Washington, Yuma and Kit Carson counties. He had been off the bench since the Colorado Supreme Court suspended him in November, pending a disciplinary investigation.

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Judge overrules Elizabeth School District, forces return of books parents objected to

An Elbert County school district confirmed on Friday to a federal judge that it has restored 19 restricted books to library shelves after she found the school board likely violated the First Amendment rights of students and authors by removing the titles for ideological reasons.

Earlier this week, the U.S. Court of Appeals for the 10th Circuit declined to suspend, or stay, a preliminary injunction issued by U.S. District Court Judge Charlotte N. Sweeney. Previously, Sweeney ordered the Elizabeth School District to return the restricted books to libraries, and she set a specific date of April 5. The 10th Circuit put that order temporarily on hold while it took an initial look at the case, before ultimately deciding against intervention.

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Can Gross Dam expansion be completed before activists and courts dry it up?

As Save the Colorado and Denver Water prepare to face off in a federal courtroom Tuesday, water officials across the state are watching the Gross Dam expansion case closely for its environmental impact and its affect on water projects across the West.

Kirk Klancke, a long-time Grand County environmentalist and president of the Colorado River Headwaters Chapter of Trout Unlimited, said a decision that shuts down the $531 million water project, could also shut down 12 years of work on the Fraser River and its tributaries.

Here’s why: Denver Water owns much of the Fraser with water rights dating back more than 100 years. And it is that water that has historically been piped through the Moffat Tunnel near Rollinsville to fill the existing Gross Reservoir. The new water for the expanded reservoir will come largely from that river as well.

Can Gross Dam expansion be completed before activists and courts dry it up? Read More »

Gross Reservoir safety work can continue under appeals court ruling

Denver Water may continue shoring up its partially-finished Gross Dam expansion in southwestern Boulder County until a May 6 U.S. District Court hearing detailing long-term safety issues of a permanent injunction against further construction, the Tenth Circuit Court of Appeals said late Friday. 

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Court sides with new Colorado GOP Chair, blocks committee tied to former leadership

A district judge in El Paso County has rejected an attempt by the Colorado Republican Party’s Investigative Committee—an entity formed under former chair Dave Williams—to intervene in a lawsuit that the party’s current leadership has moved to dismiss.

In a ruling filed April 23, District Court Judge Amanda J. Philipps found that the Investigative Committee lacks standing and legal authority to join or intervene in the ongoing civil case, saying the group was assigned “limited tasks” and does not possess independent power to act on behalf of the Colorado Republican State Central Committee (CRC).

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Tina Peters asks court for relief, feds ask for caution—judge asks why

A federal judge on Tuesday struggled to understand why the United States government is claiming an “interest” in a relatively narrow issue related to the prosecution and conviction of former Mesa County clerk Tina Peters.

Although the government now alleges Peters’ state criminal case may have been politically motivated, the U.S. Department of Justice’s attorney would not say what evidence, if any, the department has to that effect.

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Judge halts Gross Reservoir project—despite 60% completion and looming water risks

A federal judge ruled on Thursday that Denver Water is permanently barred from expanding the reservoir if an emergency stay is not obtained from the 10th Circuit Court of Appeals within 14 days.

The utility provider has been working to increase the height of the Gross Reservoir dam by 131 feet for over a decade. The project broke ground in 2022 and Denver Water says the project is already 60% complete.

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Taxpayers could foot the bill—twice—for Democrats’ lawsuit to dismantle TABOR

Colorado taxpayers may foot the bill twice if Democratic lawmakers manage to pass a resolution directing the legislature to sue the state in an attempt to invalidate the Taxpayer’s Bill of Rights. 

That’s because not only will taxpayers likely be responsible for paying the lawyers hired by the legislature to bring the case, but they’ll also be on the hook for the costs incurred by the Colorado Attorney General’s Office to defend against the legal challenge to TABOR, a constitutional amendment voters approved in 1992. 

If House Joint Resolution 1023 passes as expected, the General Assembly’s nonpartisan Office of Legislative Legal Services would likely hire a group of attorneys to file the lawsuit. In the past, the legislature’s third-party legal bills in much smaller cases have cost taxpayers tens of thousands of dollars.

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