Justia Colorado Supreme Court Opinion Summaries

The Supreme Court reviewed a judge disqualification issue raised by the appellate court's decision to reverse and remand an order that terminated the parental rights of Respondent, C.M. (Mother). In its review of the termination hearing, the court of appeals held that the trial judge should have recused himself on the grounds that his clerk was the mother of a material witness in the case. Although the court of appeals held that the judge should have been disqualified, Mother’s lateness in filing the motion for disqualification prompted the court to conclude that Mother may have waived her right to move for disqualification. According to the court of appeals, the question of whether Mother had waived the disqualification issue turned on whether her counsel was ineffective for failing to timely file the motion for disqualification. Reasoning that Mother could not be bound by waiver if she had in fact received ineffective assistance of counsel, the court of appeals remanded for additional findings about counsel’s performance. The court then directed the chief judge of the district to transfer the case to himself or to a senior judge for the proceedings on remand. Upon review, the Supreme Court reversed the appellate court and vacated the transfer: "[w]ithout deciding what is required to prevail on an ineffective assistance claim, the supreme court acknowledges that, at the least, an allegation of prejudice is necessary. Moreover, the court holds that when an ineffective assistance claim is premised on counsel’s failure to file a motion for disqualification, the prejudice element cannot be satisfied without an allegation that the judge was actually biased. Because the respondent’s motion for disqualification was entirely based on an appearance of impropriety, rather than a claim of actual bias, it failed to satisfy the prejudice element." The Court held that Mother's motion was untimely and should not have been granted. The case was remanded to the trial court for further proceedings. View "Colorado ex rel. A.G" on Justia Law

The juvenile court found that Respondent J.L.B. (Father) had abandoned A.B. (Child) and that therefore the Child was available for adoption by Petitioner D.P.H. (Stepfather). The juvenile court also determined that the fact that Father had filed parenting-time motions in the dissolution court did not outweigh overwhelming evidence of abandonment, including the fact that Father had not seen the Child in the twenty-one months prior to the filing of the adoption proceeding. Father appealed to the court of appeals, which reversed. The court determined that a finding of abandonment was precluded by the fact that Father had filed motions for parenting time in the dissolution court. The court also concluded that the juvenile court should have delayed the adoption determination until the parenting-time motions were resolved. Upon review of the case by the Supreme Court, the Court concluded that the "[i]t is the trial court's responsibility to consider the totality of the circumstances and to make this factual determination, which is to be disturbed only if it is clearly erroneous. ...It was therefore error for the court of appeals to determine that a single circumstance (the father's filing of a parenting-time motion) precluded a finding of intent to abandon, essentially as a matter of law." In addition, the Court found it was unnecessary for a trial court to delay adoption proceedings until a parenting-time motion in another court is resolved, so long as the trial court adequately considered the parenting-time motion in making its abandonment determination. The Court reversed the court of appeals and remanded the case for further proceedings. View "D.P.H. v. J.L.B" on Justia Law

At issue in this case was a child custody dispute between a divorced mother and father. The children lived in Colorado with their mother and step-father. The father, who lived in New York, filed a custody action in New York to modify the initial child custody determination. A New York Supreme Court entered its determination awarding sole custody to the father. The mother objected to New York's exercise of jurisdiction over the case and filed her own custody action in Colorado. The father asked a Colorado district court to enforce the New York court's award of custody. Upon consideration, the Colorado Supreme Court found that the New York Supreme Court failed to exercise jurisdiction consistent with New York law and with the requirements of the federal Parental Kidnapping Prevention Act (28 U.S.C. 1738A, "PKPA") and as such, Colorado was not required to give that order full faith and credit. The Court remanded the case to the Colorado district court for further proceedings. View "In re the Marriage of Dedie and Springston" on Justia Law

At issue in this case was a child custody dispute between a divorced mother and father. The child lived in Colorado with her mother. The father, who lived in Nebraska, filed a custody action in Nebraska. A Nebraska district court entered an initial child custody determination awarding custody to the father. The mother objected to Nebraska's exercise of jurisdiction over the case and filed her own custody action in Colorado. A Colorado district court refused to recognize the Nebraska court order and awarded custody to the mother. The Colorado Court of Appeals reversed the Colorado district court order, holding that though Nebraska did not have jurisdiction over the custody action, Colorado must nevertheless grant it "full faith and credit." Upon consideration, the Colorado Supreme Court found that the Nebraska district court failed to exercise jurisdiction consistent with the requirements of the federal Parental Kidnapping Prevention Act (28 U.S.C. 1738A, "PKPA") and as such, Colorado was not required to give that order full faith and credit. Therefore, the Court reversed the Colorado appellate court's decision, and reinstated the Colorado trial court's order. View "In re the Parental Responsibilities of L.S" on Justia Law