State, federal Supreme Courts end terms | COURT CRAWL

Welcome to Court Crawl, Colorado Politics' roundup of news from the third branch of government.

At the end of June, the U.S. and Colorado Supreme Courts wrapped up their 2022-2023 terms, and Colorado Politics took a closer look at what transpired in each venue.

SCOTUS rules on 2 Colorado cases

This past year, the U.S. Supreme Court accepted two cases — one criminal and one civil — out of Colorado. In Counterman v. Colorado, the court ruled that state laws implicating "true threats," like Colorado's stalking statute, must account for the alleged perpetrator's intent. Policymakers suggested they may revise the law to balance the Supreme Court's concern about free speech with the need to ensure stalkers and harassers don't traumatize their victims without recourse.

The court also decided 303 Creative v. Elenis, which permits business owners who create "speech" as their product (in this case, wedding websites) to refuse service when there is a message they disagree with. The practical effect is that a Christian website designer can turn down wedding-related requests from LGBTQ customers. Lawmakers are mulling whether to tweak Colorado's anti-discrimination law in response.

Justice Neil M. Gorsuch authored the majority opinion in 303 Creative and he repeatedly referenced his friend and former colleague on the U.S. Court of Appeals for the 10th Circuit, Judge Timothy M. Tymkovich. Tymkovich was the lone dissenting judge when 303 Creative reached the 10th Circuit two years ago, but the Supreme Court's conservative majority sided with him on appeal. Granted, the two men's opinions had some obvious differences — for instance, Gorsuch didn't liken anti-discrimination laws to a "'slippery slope' toward authoritarianism," as Tymkovich did.

Elsewhere, Coloradans reacted to the conservative court's rejection of the Biden administration's student loan forgiveness initiative and the gutting of race-conscious college admissions.

One more thing about 303 Creative: Roughly 24 hours before the Supreme Court handed down its decision, The New Republic reported that a piece of evidence submitted in the lower courts may have been fabricated. Colorado Politics confirmed the strange development, but also noted the evidence in question played no role in the ultimate First Amendment question.

Meanwhile, at the other Supreme Court

On a quieter note, the justices of the Colorado Supreme Court are also on their summer break. They decided one final case, finding a Boulder officer acted reasonably when he asked a driver to take a blood or breath test at the scene of a car crash as part of the police's investigation.

The court also agreed to take on several cases involving 1.) whether a landlord's discriminatory or retaliatory behavior can be used to halt an eviction, 2.) a Nebraska man's protest against having his divorce case heard in Colorado's courts, and 3.) whether a man's 14-month confinement before trial requires dismissal of the charges.

Colorado Politics' cover story from last week examined the most consequential decisions and actions the state Supreme Court took during its term, including new policies on courtroom technology, fallout from the repeal of the death penalty, and a major blow to survivors of childhood sex abuse.

Also, Colorado Politics looked at an interesting development: an extended period of no turnover on the Supreme Court, after more than a decade where new members joined every couple of years. Here is an excerpt from the story:

Justice Monica M. Márquez, who has witnessed the entire court turn over during her tenure, and Justice William W. Hood III, who joined in 2014, sent a joint response to Colorado Politics about how stability can positively and negatively affect a court.

"As with most jobs, experience helps. Over time, we hopefully become more adept and efficient at doing the work and addressing unusual situations," they wrote. "Stability on the court also allows us to complete multi-year projects and initiatives that require sustained focus and effort."

On the other hand, the "danger is that we become too rigid."

Márquez and Hood estimated it takes a new justice roughly one year to acclimate, and they described the long-term initiatives the current court is undertaking, including a statewide listening tour last year for judicial employees and a "workplace culture initiative."

Heard on appeal

Colorado's Court of Appeals didn't believe a juror was biased simply because he was "buddies" and did "a lot of stuff together" with a prosecution witness.

Public statements made about a high-profile Adams County suicide, which implied the victim's husband bore responsibility for her death, are protected from a defamation lawsuit, the Court of Appeals decided.

The Court of Appeals reinstated a slip-and-fall lawsuit against Jefferson County, while the state Supreme Court prepares to hear another injury case involving a fall at the same Jeffco government campus.

The appeals court clarified the meaning of "tips" and "sales employee" in a wage theft case, and agreed a banquet server at The Broadmoor resort didn't make sales simply by pouring wine to guests.

A police officer's claim that a motorist "refused" a blood or breath test, with no additional information about what happened, isn't enough to revoke her driver license.

The Court of Appeals agreed a Colorado Department of Transportation employee demonstrated his superiors likely retaliated against him for his whistleblowing activity.

A lawsuit against Colorado State University for failing to refund tuition and fees when classes moved online in spring 2020 may proceed, the Court of Appeals ruled by 2-1.

Fake profiles used by police to arrest potential child sex offenders can count as "victims," the Court of Appeals decided, meaning perpetrators may have to register for life even though there was no human victim.

A man received ineffective assistance from counsel when his trial lawyers failed to object to multiple pieces of damaging testimony that had little significance to his child sex assault case, the appeals court ruled.

The Court of Appeals expanded the ability of convicted defendants to have their postconviction claims investigated, as long as there is some merit to the request.

By 2-1, the Court of Appeals ordered a new trial for a man convicted of sex assault because of improper testimony about the victim's reaction to the encounter.

In federal news

The U.S. Court of Appeals for the 10th Circuit declined to apply a recent Supreme Court decision to federal sentencing guidelines, and ensured that defendants will be subject to longer sentences in some instances.

Two ex-military personnel have no basis to challenge the Defense Department's now-rescinded COVID-19 vaccination requirement, the 10th Circuit ruled.

Although the Colorado Supreme Court will be considering the question soon, the 10th Circuit went ahead and decided that state law does not prohibit an injured motorist from seeking payment from his employer's auto insurance company in addition to seeking workers' compensation.

Three Douglas County sheriff's deputies didn't violate a man's clear constitutional rights when they entered his house to arrest him without a warrant, over his explicit objection.

Club Q

The person who murdered five people at a Colorado Springs LGBTQ nightclub last year pleaded guilty and received an effective life sentence. Victims expressed anger at the sentencing hearing, and the elected district attorney called the case an example of why capital punishment should still exist in Colorado.

Vacancies and appointments

The governor has selected prosecutor Christopher B. Rhamey to succeed District Court Judge Robert Lochary in the First Judicial District (Jefferson and Gilpin counties).

There are three finalists to succeed retiring District Court Judge Cynthia Mares in the 18th Judicial District (Arapahoe, Douglas, Elbert and Lincoln counties): Robert E. Caldwell Jr., Victoria E. Klingensmith and Magistrate Donna M. Stewart.

Miscellaneous proceedings

Several media organizations (including Colorado Politics) have urged a Denver judge not to halt his order for Denver Public Schools to release a recording of an improper closed-door meeting.

The Colorado Commission on Judicial Discipline will experience significant turnover as members' appointments expire.

Denver County Court judges will not be affected by any reforms voters enact to the state's system of judicial discipline, The Gazette reported.

This Saturday at Aurora CentrePoint Plaza (14980 East Alameda Dr.), people with warrants for misdemeanors, traffic offenses or certain low-level felonies may meet with attorneys and potentially resolve the cases against them without arrest. Those who wish to inquire about their eligibility can call the public defender's office at 303-799-9001.