Colorado Court of Appeals

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Colorado State Judicial Building

2 East 14th Avenue

Denver, CO 80203

Established under Section 1 of Article VI of the Colorado Constitution and Section 13-4-101, et seq., C.R.S. (Colorado Revised Statutes), the Court of Appeals has initial jurisdiction, with exceptions, over appeals from the Colorado District Courts, Denver Probate Court, and Denver Juvenile Court. In addition, the Court of Appeals has specific appellate jurisdiction over decisions originating from a number of state administrative boards and agencies, including the Industrial Claim Appeals Office.

If you intend to appeal a decision of a lower court you must file a Notice of Appeal and pay the filing fee within 45 days of the date the decision was handed down. Other conditions and time limits also apply.

Reviews of the Court of Appeals' decisions are directed to the Colorado Supreme Court.

The Colorado Court of Appeals, consisting of 22 judges who serve eight-year terms, is the state's intermediate appellate court. The Court sits in three-member divisions to decide cases. The Chief Judge, appointed by the Chief Justice of the Supreme Court, assigns a judge to each judicial district, and rotates their assignments. The judicial district assignments for each judge as of October 2018 are shown in Table 15.


 

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The mission of the Court of Appeals is to provide the citizens of Colorado with clear, impartial, and timely resolutions of appealed orders and judgments as provided by law. The Court of Appeals was created by statute; accordingly, jurisdiction is limited to the areas specified by state statute, together with the inherent powers granted to all courts.

In practice, however, the Colorado Court of Appeals largely functions to rubber stamp the more idiotic decisions made by district court judges, especially in family law cases. To conceal their mostly irrational rulings and avoid setting disastrous and destructive precedents they don't publish most of their decisions. One of the objectives of the Equal Justice Foundation is to expose the tyranny and destruction rained down on citizens by the multiple failures of the Court of Appeals to uphold the state constitution and the law. Thus, we especially welcome examples of unpublished bilge and balderdash from this court

In 2012 the Equal Justice Foundation began a rating system of justices standing for retention based on the votes of attorneys who submit responses to surveys sent to them by the Judicial Performance Review Commission. The idea was first put forward by the Rocky Mountain News in an October 13, 2002, editorial. Whether a “Retain” or “Do Not Retain” is recommended is based on the criteria:

Retain: More than 85% of attorneys voted to retain;

Marginal: in 2012 the standard was that only 80-85% of attorneys voted to retain. In 2014 review this was broadened to 75-85% and in 2018 the standard was expanded again to 71-85% of attorneys voted to retain;

Do Not Retain: In 2012 the standard was less than 80% of attorneys voted to retain. In 2014 review this was changed to <75% of attorneys voted to retain and in 2018 this was lowered even further to less than or equal <=70% suggesting judicial standards continue to decline.


 
    Table 15: Colorado Court of Appeals

Name of Judge

Judicial District

Telephone

Case Links

Comments

Karen M. Ashby

 

Retired May 31, 2019

 

Appointed by Gov. HIckenlooper in August 2013 and stepped up to the bench in October 2013. Formerly presiding judge in Denver Juvenile Court.

Stood for retention in 2016. 71% Retain

EJF recommendation: Do Not Retain

Michael H. Berger

2 nd Judicial District

(720) 625-5000

 

Appointed by Gov. Hickenlooper December 2013. No prior judicial experience.

Stood for retention in 2016.

EJF recommendation: Marginal

Just 77% of attorneys voted to Retain while 14% voted Do Not Retain

Steve Bernard

Chief Judge

6 th Judicial District

 

His years on the bench have not improved him.

(720) 625-5240

 

Appointed July 1, 2006

Stood for retention in 2008. 86% Retain.

Stood for retention again in 2016.

EJF recommendation: Do Not Retain

Only 64% of attorneys voted to Retain and 32% voted Do Not Retain in this evaluation yet he was promoted to chief judge.

Laurie A. Booras

18 th Judicial District

 

Colorado Supreme Court suspended Booras with pay March 30, 2018, and appointed three-judge panel to oversee an ethics investigation.

Later they censured her and required her to pay costs.

 

Resigned January 31, 2019, after Colorado Commission on Judicial Discipline recommended her removal from office after sending demeaning and degrading emails to her married lover. One email referred to fellow appeals judge Terry Fox, a Latina, as “the little Mexican.” In another email, Booras referred to her ex-husband's wife, who is Native American, as “the squaw.” Apparently her behavior came to light after her married lover tried to break off the relationship and she began to harass him. Apparently adultery wasn't an issue.

 

Appointed in 2009.

Stood for retention in 2012. 84% Retain

EJF recommendation: Marginal

Jaclyn Casey Brown

11 th Judicial District

(720) 625-5300

 

Appointed by Gov. Polis in June 2019. Previously a District Court Judge in the 17 th Judicial District

Stood for retention in 2018. 97% Retain.

EJF recommendation: Retain

Stood for retention again in 2022.

EJF recommendation: Upper Marginal

Only 85% of attorneys voted to Retain while 15% voted Do Not Retain.

Russell Carparelli

 

No longer on bench as of September 2014 but as of November 2018 remains a senior judge.

 

Appointed February 7, 2003

Stood for retention in 2006. 86% Retain.

James S. Casebolt

 

Retired July 1, 2015 after 21 years on bench but as of September 2020 remains a public menace as a senior judge.

 

Appointed February 12,1994

Stood for retention in 2004. 87% Retain.

Stood for retention in 2012

EJF recommendation: Retain 88%

00 CA 255

Upheld rulings entered by magistrate who did not know the law and was not qualified to sit on the bench (not a licensed attorney).

Sanctioned petitioner for “frivolous argument” and forbade her to appear again pro se in any court.

00 CA 328

Affirmed fraud — even stating in the order that there was of evidence of such.

Sean Connelly

 

Appointed June 30, 2008, but left bench in January 2011 to return to private practice.

John Daniel Dailey

19 th Judicial District

(720) 625-5340

 

Appointed in January 2000.

Stood for retention in 2002. Attorneys concerned that prior work in Attorney General's Office influences decisions in criminal cases.

Stood for retention in 2010. 92% Retain.

Stood again for retention in 2018

EJF recommendation: Marginal

Only 79% of attorneys voted to Retain, but just 3% voted Do Not Retain

98CA1123

Appointed January 7, 2000

Upheld ruling in 97DR1971 that discovery need not be completed before hearing despite court orders compelling such discovery.

00 CA 255

Upheld rulings entered by magistrate who did not know the law and was not qualified to sit on the bench (not a licensed attorney).

Janice B. Davidson

Former Chief Judge

 

No longer on bench as of September 2014 but, as of September 2020, remains a public menace as a senior judge.

 

Appointed July 15, 1988.

Stood for retention in 1998. 89% Retain.

Stood for retention in 2006. 93% Retain.

98CA1123

Upheld ruling in 97DR1971 that discovery need not be completed before hearing despite court orders compelling such discovery.

Stephanie Dunn

17 th Judicial District

(720) 625-5235

 

Appointed by Gov. Hickenlooper in June 2012. No prior judicial experience.

Stood for retention in 2016.

EJF recommendation: Marginal

85% of attorneys voted to Retain while only 6% voted Do Not Retain.

Rebecca R. Freyre

4 th Judicial District

(720) 625-5225

 

Appointed by Gov. Hickenlooper September 2018. Previously a public defender.

Stood for retention in 2018.

EJF recommendation: Marginal

82% of attorneys voted to Retain, 9% voted Do Not Retain

Maria Theresa “Terry” Fox

22 nd Judicial District

(720) 625-5245

 

Appointed September 1, 2010, by Gov. Ritter. Replaced Connelly.

No prior judicial experience.

Stood for retention in 2014

EJF recommendation: Do Not Retain Only 69% of attorneys voted to Retain

Stood for retention again in 2022

EJF recommendation: Very Marginal

She showed only very marginal improvement in 2022 evaluation with just 71% of attorneys voting to retain but 21% voted Do Not Retain.

David Furman

18 th Judicial District

(720) 625-5310

 

Appointed January 2006 by Gov. Owens.

Stood for retention in 2008. 92% Retain.

Stood for retention again in 2016.

EJF recommendation: Retain

87% of attorneys voted to Retain and 0% voted Do Not Retain this time.

Richard L. Gabriel

 

Promoted to Colorado Supreme Court by Gov. Hickenlooper in June 2015.

 

Appointed April 30, 2008, by Gov. Ritter.

Stood for retention in 2010. 89% Retain.

Christina Finzel Gomez

12 th Judicial District

(720) 625-5200

 

Appointed by Gov. Polis on December 2, 2019 and sworn in on February 27, 2020. Previously she was in private practice with Holland and Hart.

Stood for retention in 2022.

EJF recommendation: Do Not Retain

Only a pathetic 57% of attorneys voted to Retain and 14% voted Do Not Retain.

Dennis Graham

 

April 10, 2018 article in Grand Junction Daily Sentinel outlines efforts to remove this judge.

 

Retired in February 2018 after 16 years on the bench. Doubtful that he will be missed but somehow he remains a senior judge as of September 2020.F

 

Appointed July 1, 2002

Stood for retention in 2004. 79% Retain.

Stood for retention in 2012.

EJF recommends: Do Not Retain

Only 78% of attorneys voted to retain while 22% voted Do Not Retain.

Matthew D. Grove

3 rd Judicial District

(720) 625-5305

 

Took the bench on January 9, 2019. Previously he was with the Public Officials Unit, State Services Section, Colorado Attorney General's Office since 2009.

Stood for retention in 2022.

EJF recommendation: Marginal

Just 79% of attorneys voted to Retain and the remaining 21% voted Do Not Retain.

Elizabeth L. Harris

15 th Judicial District

(720) 625-5330

 

Appointed by Gov. Hickenlooper July 2015. Prior experience in private practice and public defender.

Stood for retention in 2018.

EJF recommendation: Do Not Retain

Only a pitiful 65% of attorneys voted to Retain and 12% voted Do Not Retain.

Robert D. Hawthorne

 

Retired on February 13, 2020 but remains a senior judge.

 

Appointed August 12, 2004

Stood for retention in 2008. 91% Retain.

Stood for retention in 2016. 84% Retain

EJF recommendation: Marginal

Claus Hume

 

No longer on bench as of December 2007

 

Appointed in 1988.

Stood for retention in 1998. 90% Retain.

95 CA 752

Affirmed an eviction procedure for which the lower court had no jurisdiction, then misrepresented the facts in the written order to cover up the abuses committed by the lower court — set a precedent holding that purchase of a tax lien at an auction conveys all property rights without need for foreclosure or any prior court procedure in violation of established law.

Sueanna P. Johnson

1 st Judicial District

(720) 625- 5350

 

Appointed by Gov. Polis on December 2, 2019, and sworn in on February 13, 2020. Previously she was with the Colorado Attorney General's Office, first as an Assistant Attorney General, then in 2017 as Senior Assistant Attorney General in the Business and Licensing Section.

Stood for retention in 2022.

EJF recommendation: Marginal

82% of attorneys voted to Retain but only 6% voted Do Not Retain.

Jerry N. Jones

7 th Judicial District

 

April 10, 2018 article in Grand Junction Daily Sentinel outlines efforts to remove this judge.

(720) 625-5335

 

Appointed July 1, 2006

Stood for retention in 2008. 95% Retain.

Stood for retention again in 2016.

EJF recommendation: Do Not Retain

His years on the bench have not improved his performance and this time only 74% of attorneys voted to Retain while 15% voted Do Not Retain.

Raymond Jones

 

No longer on bench as of June 2009.

 

Appointed in 1988.

Stood for retention in 1998. 87% Retain.

00 CA 328

Affirmed fraud — even stating in the order that there was evidence of such.

Robert J. Kapelke

 

No longer on bench as of December 2007 but as of November 2018 remains a senior judge.

Nancy J. Lichtenstein

 

Did not file for retention in 2018 and her eight-year term ended January 7, 2019.

 

Appointed April 30, 2008

Stood for retention in 2010. 91% Retain.

Lino Lipinsky de Orlov

14 th Judicial District

(720) 625-5220

 

Appointed by Gov. Hickenlooper on September 4, 2018, to succeed Judge Lichtenstein effective January 9, 2019. He was previously in private practice.

Stood for retention in 2022.

EJF recommendation: Retain

88% of attorneys voted to Retain but 12% voted Do Not Retain.

Alan M. Loeb

former Chief Judge

 

Retired on December 28, 2019

 

Appointed July 2, 2003

Stood for retention in 2006. 92% Retain.

Stood for retention in 2014. 85% Retain

EJF recommendation: Marginal

Jose D. L. Marquez

 

Retired March 2008.

 

Appointed July 15, 1988.

Stood for retention in 1998. 82% Retain.

Karen Metzger

 

No longer on bench as of June 2009

95 CA 752

Affirmed an eviction procedure for which the lower court had no jurisdiction, then misrepresented the facts in the written order to cover up the abuses committed by the lower court — set a precedent holding that purchase of a tax lien at an auction conveys all property rights without need for foreclosure or any prior court procedure in violation of established law.

Gale T. Miller

 

Retired January 2017 after just 8 years on the bench.

 

Appointed January 13, 2009

Stood for retention in 2012

EJF recommendation: 82% Marginal.

Anthony J. Navarro

10 th Judicial District

(720) 625-5000

 

Appointed by Gov. Hickenlooper in October 2012. No prior judicial experience.

Stood for retention in 2016.

EJF recommendation: Do Not Retain

Only 65% of attorneys voted to Retain while 25% voted Do Not Retain.

Peter H. Ney

 

No longer on bench as of December 2007.

 

Appointed in 1988.

Stood for retention in 1998. 80% Retain.

Henry E. Nieto

 

An Oct. 13, 2002, Rocky Mountain News article pointed out that after 24 years on the bench he was “weak in knowledge of the law” by his own admission.

 

Stepped down in March 2005. He isn't missed although this mediocrity remained a senior judge until 2019.

Why, we must ask?

 

Stood for retention in 2002: Attorneys were critical in three areas: (1) rendering well-written and understandable opinions, (2) managing cases with minimum delay, and (3) making correct decisions based upon the law and facts.

Commission expressed concern that, despite 24-years experience on the trial bench he does not met the higher standards required for appellate court judges.

96 CR 91

In a Kafkaesque scenario a citizen was charged with felony perjury for what she didn't say in response to questions that were never asked in voir dire during jury selection.

Neeti Vasant Pawar

13 th Judicial Distinct

(720) 625-5215

 

Appointed by Gov. Polis in March, 2019. Previously she was in private practice.

Stood for retention in 2022.

EJF recommendation: Marginal

Only 78% of attorneys voted to Retain while 11% voted Do Not Retain.

Marsha Piccone

 

Stepped down in December 2005.

Leonard Plank

 

No longer on bench as of June 2009f

 

Appointed in 1988.

Stood for retention in 1998. 90% Retain.

98CA1123

Upheld ruling in 97DR1971 that discovery need not be completed before hearing despite court orders compelling such discovery.

00 CA 328

Affirmed fraud — even stating in the order that there was of evidence of such.

David J. Richman

8 th Judicial District

(720) 625-5315

 

Appointed June 30, 2008

Stood for retention in 2010. 81% Retain.

Stood for retention again in 2018.

EJF recommendation: Retain

88% of attorneys voted to Retain in this cycle but 12% voted Do Not Retain.

Gilbert M. Roman

Chief Judge

9 th Judicial District

(720) 625-5325

 

Appointed May 24, 2005.

Stood for retention in 2008. 84% Retain

Stood for retention again in 2016.

EJF recommendation: Marginal

Hasn't improved and only 82% of attorneys voted to Retain while 14% voted Do Not Retain.

Sandra I. Rothenberg

 

No longer on bench as of June 2009 but remains a senior judge as of September 2020.

 

Appointed August 1, 1990

Stood for retention in 2000. 84% Retain.

97 CA 700

Reversed Henry Nieto in case 96 CR 91 and restored the rights and integrity of jurors.

Arthur P. Roy

 

No longer on bench as of September 2014.

 

Appointed January 6, 1994.

Stood for retention in 2004. 81% Retain.

95 CA 752

Appointed March 4, 1994 Affirmed an eviction procedure for which the lower court had no jurisdiction, then misrepresented the facts in the written order to cover up the abuses committed by the lower court — set a precedent holding that purchase of a tax lien at an auction conveys all property rights without need for foreclosure or any prior court procedure in violation of established law.

Robert M. Russel

 

Stepped down in July 2012 to return to U.S. Attorney's office as chief of the appellate division.

 

Appointed January 30, 2004

Timothy J. Schutz

 

 

Appointed by Gov. Polis in November 2021 and sworn in on August 19, 2022.

Daniel M. Taubman

 

Did not file for retention and stepped down February 25, 2020. However, he remains a senior judge as of September 202.

 

Appointed November 1, 1992

Stood for retention in 2012 88% Retain.

EJF recommends: Retain

Diana Terry

5 th Judicial District

(720) 625-5320

 

Appointed July 1, 2006

Stood for retention in 2008. 79% Retain.

Stood for retention again in 2016.

EJF recommendation: Do Not Retain

Her performance has not improved and this time only 71% of attorneys voted to Retain while 22% voted Do Not Retain.

Ted C. Tow III

16 th Judicial District

(720) 625-5205

 

Appointed to CoA by Gov. Hickenlooper January 2018. Previously district judge in 17 th Judicial District.

Appointed district judge in the fall of 2010.

Stood for retention as district judge in 2014.

EJF recommendation: 90% Retain

Stood for retention on CoA in 2020.

EJF recommendation: Do Not Retain

Only 66% of attorneys voted to Retain on CoA while 31% voted Do Not Retain.

JoAnn L. Vogt

 

No longer on bench as of June 2009 but, unfortunately for Colorado citizens, she remains a senior judge as of September 2020.

 

Appointed December 31, 1997

Stood for retention in 2000. 71% Retain.

00 CA 255

Upheld rulings entered by magistrate who did not know the law and was not qualified to sit on the bench (not a licensed attorney).

John R. Webb

 

Did not stand for retention and term ended February 29, 2020.

 

Appointed February 1, 2002

Stood for retention in 2004. 84% Retain.

Stood for retention in 2012. 82% Retain.

EJF recommendation: Marginal

Craig R. Welling

20 th Judicial District

 

April 10, 2018 article in Grand Junction Daily Sentinel outlines efforts to remove this judge.

(720) 625-5210

 

Promoted to Court of Appeals by Gov. Hickenlooper in January 2017. Previously district judge in 17 th Judicial District.

Appointed district judge by Gov. Ritter in late 2010.

Stood for retention as district judge in 2014.

EJF recommendation: 93% Retain

Stood for retention on CoA in 2020

EJF recommendation: Marginal

84% of attorneys voted to Retain while 16% voted Do Not Retain.

David H. Yun

21 st Judicial District

(720) 625-5345

 

Appointed Gov. Polis on December 2, 2019 and sworn in on March 2, 2020. Previously he was in private practice as a partner at Messner Reeves.

Stood for retention in 2022.

EJF recommendation: Very Marginal

Just 71% of attorneys voted to Retain and 11% voted Do Not Retain.

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Last modified 10/14/22.