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 16 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 judges to the divisions and rotates their assignments.


 

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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 Thus, we especially welcome examples of unpublished bilge and balderdash from this court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: only 80-85% of attorneys voted to retain. In 2014 review this was changed to 75-85% of attorneys voted to retain;

Do Not Retain: Less than 80% of attorneys voted to retain. In 2014 review this was changed to <75% of attorneys voted to retain.


 
    Table 15: Colorado Court of Appeals

Name of Judge

Telephone

Case Links

Comments

Karen M. Ashby

(720) 625-5000

 

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.

EJF recommendation: Do Not Retain

Only 71% of attorneys voted to Retain while 22% voted Do Not Retain.

Michael H. Berger

(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

(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

His years on the bench have not improved him. Only 64% of attorneys voted to Retain and 32% voted Do Not Retain in this evaluation.

Laurie A. Booras

(720) 625-5215

 

Appointed in 2009.

Stood for retention in 2012.

EJF recommendation: Marginal

84% of attorneys voted to retain, 16% of attorneys voted Do Not Retain

Russell Carparelli

 

No longer on bench as of September 2014

 

Appointed February 7, 2003

Stood for retention in 2006. 86% Retain.

James S. Casebolt

(720) 625-5330

 

Appointed February 12,1994

Stood for retention in 2004. 87% Retain.

Stood for retention in 2012

EJF recommendation: Retain

88% of attorneys voted to retain, 12% of attorneys voted Do Not 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).

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

(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.

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.

 

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

(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.

Maria Theresa "Terry" Fox

(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, 13% voted Do Not Retain, 18% didn't bother to vote.

David Furman

(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.

Dennis Graham

(720) 625-5205

 

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.

Robert D. Hawthorne

(720) 625-5350

 

Appointed August 12, 2004

Stood for retention in 2008. 91% Retain.

Stood for retention again in 2016.

EJF recommendation: Marginal

This time 84% of attorneys voted to Retain but just 5% voted Do Not Retain.

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.

Jerry N. Jones

(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.

Nancy J. Lichtenstein

(720) 625-5220

 

Appointed April 30, 2008

Stood for retention in 2010. 91% Retain.

Chief Judge

Alan M. Loeb

(720) 625-5305

 

Appointed July 2, 2003

Stood for retention in 2006. 92% Retain.

Stood for retention in 2014

EJF recommendation: Marginal

85% of attorneys voted to Retain, 3% voted Do Not Retain, 12% did not comment. Note that attorney rating dropped 7% from 2006.

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

(720) 625-5210

 

Appointed January 13, 2009

Stood for retention in 2012

EJF recommendation: Marginal.

Just 82% of attorneys voted to retain, 18% voted Do Not Retain

Anthony J. Navarro

(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.

 

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.

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

(720) 625-5315

 

Appointed June 30, 2008

Stood for retention in 2010. 81% Retain.

Gilbert M. Roman

(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

 

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

Daniel M. Taubman

(720) 625-5200

 

Appointed November 1, 1992

Stood for retention in 2012

EJF recommends: Retain

88% of attorneys voted to retain while 12% voted Do Not Retain

Diana Terry

(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.

JoAnn L. Vogt

 

No longer on bench as of June 2009

 

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

(720) 625-5345

 

Appointed February 1, 2002

Stood for retention in 2004. 84% Retain.

Stood for retention in 2012

EJF recommendation: Marginal

Just 82% of attorneys voted to retain, 18% voted Do Not Retain

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| EJF Home | Join the EJF | Comments? | Get EJF newsletter | Newsletters |

| DV Home | Abstract | Contents | Authors and Site Map | Tables | Index | Bibliography |

 

| Chapter 7 — Colorado Judges — Citizen's Review |

| Next — First Judicial District |

| Back — Colorado Supreme Court |


 

This site is supported and maintained by the Equal Justice Foundation.

Last modified 10/7/16.