On January 24, 2019, the youth activists moved to vacate the intermediate appellate court’s dissenting opinion on which the Colorado Supreme Court relied in its decision. They also asked the Supreme Court to vacate or reconsider and modify its decision. The basis for these requests was new information received by the plaintiffs about an email sent by the judge who authored the dissent and judicial discipline proceedings related to the email. The judge sent an email about this case, using a “racial epithet” to refer to another judge on the panel, the day after oral argument before the intermediate appellate court. The email formed part of the basis for a recommendation by the Colorado Commission on Judicial Discipline that the judge, who was already suspended, be removed from the bench. The report adopted by the Commission on Judicial Discipline wrote that the judge’s email about the case, in which the lead plaintiff is of Native American and Latino lineage, “creates a double-barreled appearance of impropriety undermining the public’s trust that she acted without racial bias when dissenting in the case.” The youth activists contended that they had been harmed by the Colorado Supreme Court’s “disregard of [the dissenting judge’s] lack of independence, integrity and impartiality in deciding this case of significant public importance.”

Rulemaking petition and subsequent litigation seeking to require Colorado Oil and Gas Conservation Commission to deny drilling permits unless they would not adversely impact human health and the environment or contribute to climate change.

Colorado Oil & Gas Conservation Commission v. Martinez

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Activists Ask Court to Vacate or Reconsider Decision Due to Reliance on Suspended Judge’s Dissent

Filed

United States of America

Colorado

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