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

A longtime member of the Denver-based federal appeals court will give the president a vacancy to fill, plus Colorado’s federal trial court will see a change in its leadership this week.

Colorado Supreme Court update

•  At some point today, the state Supreme Court will welcome Justice Susan Blanco, who succeeds former Justice Melissa Hart and reconfigures the court’s membership for the first time in five years.

•  A spokesperson for the judicial branch said Blanco will be sworn in during a private ceremony, and she will participate in the three oral arguments scheduled for next week.

•  Meanwhile, Justice Carlos A. Samour Jr.’s name could be mentioned frequently in the halls of the U.S. Supreme Court in the coming months, as the nation’s highest court has taken up a case that questions whether local governments in Colorado can sue fossil fuel producers for damages stemming from climate change. Samour wrote the dissent in that case.

Heard on appeal

•  By 2-1, the state’s Court of Appeals believed an incomplete self-defense instruction in a murder case warranted a new trial.

•  A three-judge appellate panel traveled to Fairview High School in Boulder, where the judges spoke about their backgrounds and their approach to oral arguments.

•  “Some judges feel like oral argument is the lawyers’ time to kind of bolster what they’ve written in the briefs. I’m of the opinion that that’s my time,” said Judge Ted C. Tow III. “I have 15 minutes to fill in the holes that I have with questions that I have from reading the briefs. So, I’m gonna get right to the point.”

In federal news

•  Judge Timothy M. Tymkovich of Colorado, who has sat for 23 years on the U.S. Court of Appeals for the 10th Circuit, announced last week that he intends to take a form of semi-retirement known as “senior status.” As a consequence, the president will get to appoint someone to the court for the first time in his second term.

•  It’s not totally clear who is in the pool of candidates to succeed Tymkovich, but Nomination Notes, which tracks the second-term judicial nominees of President Donald Trump, has documented a common thread of personal loyalty to Trump, expressed through nominees’ refusal to publicly acknowledge that Trump lost the 2020 presidential election.

•  Prominent figures in Colorado’s political and legal circles spoke about Tymkovich’s influence during his two decades on the bench:

“I first became friends with Judge Tymkovich and his wife, Sue, when we were in the same Political Science department at Colorado College as undergrads. Even though we came from different ends of the political spectrum, the respectful and robust debates we had cemented a lifelong friendship. Throughout his years on the bench, Judge Tymkovich has shown the highest commitment to judicial excellence. I hope he will continue to share his wisdom on the court for many years to come in his new role as senior judge.” —U.S. Rep. Diana DeGette

“While Judge Tymkovich was Chief Judge, I persuaded him to hold oral argument in Grand Junction — the first time in the court’s history that the Tenth Circuit sat in Western Colorado. It mattered to him that the federal judiciary be visible and accessible to communities beyond Denver. We hosted events with local elected officials, the bar, and civic leaders, and the session at Colorado Mesa University went off flawlessly.

“But the visit wasn’t without drama. We took Judge Tymkovich and two fellow judges to the Colorado National Monument, and an afternoon thunderstorm rolled in quickly. As lightning began cracking overhead and the U.S. Marshals hurried us back to the buses, I remember thinking, ‘Of all the ways to make Tenth Circuit history, this would be the wrong headline.’ Thankfully, everyone made it back safely, and the judges handled it with the same calm composure they bring to the bench.” —U.S. Rep. Jeff Hurd, a former Tymkovich clerk

“He has authored many important opinions, including the en banc opinion in Hobby Lobby, and he contributes to the legal community far beyond his ‘day job.’ He worked to expand access to quality counsel in capital cases through coordination with the Federal Public Defender, the judiciary, and private practitioners; demonstrated a lifelong commitment to the rule of law, including through his international work in Ukraine; and has mentored generations of lawyers and students. To me, he’s a shining example not only of an excellent lawyer but an excellent human being.” —Frederick R. Yarger, former Colorado solicitor general and Tymkovich clerk

•  Meanwhile, it’s a big week for another of Tymkovich’s former clerks. U.S. District Court Judge Daniel D. Domenico will become chief judge of Colorado’s federal trial court. Like the chief judges of Colorado’s state trial courts, the federal chief’s position is largely administrative, on top of the regular judicial caseload. Domenico, who is Trump’s only appointee to the district court, succeeds Chief Judge Philip A. Brimmer, who is ending a seven-year term as established by law.

•  The 10th Circuit’s judicial council also upheld a finding that Domenico didn’t commit misconduct by handling a case where Colorado state judges and lawyers were among the defendants. Domenico recused himself from a related case, while defending his professional relationships in the legal community.

•  The 10th Circuit determined the government properly cited and sanctioned a Colorado Springs mental health hospital for failing to address patient-on-staff violence.

•  The 10th Circuit took the unusual step of appointing an attorney to independently argue a position for which both the government and the defendant in a criminal case are taking the same side.

Immigration detention update

•  Readers are likely aware that Colorado’s federal district court is facing a flood of “habeas corpus” petitions from those in immigration detention. The most common set of allegations is that the government is improperly denying bond hearings to people who are eligible for them by law. Colorado’s judges, like the vast majority of their peers around the country, have agreed with that argument.

•  However, there are interesting developments occurring across these cases, which are flowing in at a rate of approximately eight per day in Colorado.

•  For example, the U.S. attorney himself, Peter McNeilly, entered his appearance as the government’s lawyer in one such case — a highly unusual occurrence suggesting staffing is stretched thin at the U.S. Attorney’s Office. In another case, a lawyer who normally does criminal appeals also entered her appearance.

•  Due to the volume of cases and the similarity of the legal analysis, many U.S. District Court judges are issuing virtually identical orders across cases. However, Court Crawl has noticed that Judge S. Kato Crews has started to timestamp his orders and give precise instructions to the government about when to release detainees and at whose expense:

• Judge Nina Y. Wang has also started to instruct the government to indicate whether it will invoke the “automatic stay” to keep someone detained even after an immigration judge finds them suitable for release:

Miscellaneous proceedings

•  A Denver judge sentenced former Sen. Sonya Jaquez Lewis, D-Longmont, who was convicted of forgery and attempting to influence a public servant.

•  A Boulder County judge ordered the Colorado Bureau of Investigation to provide access to thousands of cases where past DNA analysis could be in question due to the misconduct of former state DNA scientist Yvonne “Missy” Woods.

•  Gov. Jared Polis has filed a motion seeking an injunction that would block him from disclosing certain records to immigration authorities in compliance with state law.