Michael Karlik
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Michael Karlik
@michaelkarlik.bsky.social
1K followers 490 following 690 posts
Judicial reporter at coloradopolitics.com and gazette.com. Shining a light on the work of our state and federal judges. Plus, full-time bird caretaker.
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michaelkarlik.bsky.social
Thankful for the dinosaur 🙏
Me with Phoebe, the cockatoo
November 27, 2025 at 10:45 PM
michaelkarlik.bsky.social
When Colorado lawmakers said that insurance companies need to provide notice and time to respond if a policyholder isn't cooperating with a claims investigation, did they really mean it? The Supreme Court is looking at the scope of failure-to-cooperate:
www.coloradopolitics.com/2025/11/26/c...
November 26, 2025 at 10:06 PM
michaelkarlik.bsky.social
During oral arguments last week, Justice Will Hood slammed the government for arguing a defendant who requested a mental condition exam multiple times -- only for Colorado's mental hospital to never get it done -- bears the blame for not cooperating:
www.coloradopolitics.com/2025/11/25/c...
November 26, 2025 at 4:15 PM
michaelkarlik.bsky.social
BREAKING: Judge R. Brooke Jackson in Colorado has ordered the government to follow the law when performing warrantless immigration arrests. In addition to finding the government is engaging in violations, he has imposed documentation requirements to ensure compliance. Story to come.
Plaintiffs were not ICE targets. They were not the “worst of the worst.” But when encountered, often by happenstance, they were flagged as persons unlawfully present, minimally questioned (if at all), and arrested (ECF No. 1 at ¶¶55, 75, 100, 124). Their I-213 forms are devoid of evidence that the officer had the requisite probable cause to arrest them without a warrant (see infra Section IV.C.2). Despite its own proclaimed policies (Def. Ex. EG), ICE continues to engage to this day in the practice of arresting collaterals without inquiring into their flight risk or documenting any plausible reason to support their warrantless detention
November 25, 2025 at 8:20 PM
michaelkarlik.bsky.social
Colorado's Supreme Court held a hearing about tweaks to the rules for attorney misconduct proceedings. But commenters wanted to address something that wasn't in the proposal: A way to hold lawyers professionally accountable for sexual misconduct at any time: www.coloradopolitics.com/2025/11/24/c...
November 25, 2025 at 4:37 PM
michaelkarlik.bsky.social
NEW: Judge Gina Rodriguez said she had no reason to believe the federal government won't follow her orders "under normal circumstances." For now, she'll only consider a declaratory judgment about the rights of detained noncitizens, rather than something more:
www.coloradopolitics.com/2025/11/20/f...
November 20, 2025 at 9:28 PM
michaelkarlik.bsky.social
NEW: Justice Melissa Hart hasn’t participated in the Colorado Supreme Court’s case considerations for the third week in a row. She’s now acknowledged “family and personal health” reasons, but it’s unclear what’s going on and whether cases are being affected:
www.coloradopolitics.com/2025/11/17/j...
November 18, 2025 at 12:39 AM
michaelkarlik.bsky.social
I think this is the first time I've seen a trademark notation in a court transcript.
Upon Redirect, Officer Stuper was asked, when he saw the Black male who got out of the -- out of the front of the car, at the door of the Circle K™, what did he think, and
November 4, 2025 at 7:43 PM
michaelkarlik.bsky.social
A remarkable exchange in federal court today. Senior Judge R. Brooke Jackson of Colorado commented on the government's unwillingness to agree to an injunction memorializing what it claims ICE's policy on warrantless arrests is.

Jackson worries the govt. could violate its policy without consequence:
And so this is why it seems to us that the issuance of this policy calls into question the need to have a hearing on the matter next week. I mean, our view is that the issuance -- THE COURT: It doesn't seem to me that way after hearing what you've said today. After hearing what you said, it seems to me that maybe there is a need for an injunction order, because if the Government is -- if the Government is not willing to stipulate to an injunction order on the same terms that they say they're going to do, then I have to wonder why. I don't get it. And the only reason I can think of is they're afraid that they're going to violate it, and they don't want some Court, whether it's Colorado or Illinois, to be on their case if they don't follow their own agreement. That's what concerns me.
October 24, 2025 at 10:37 PM
michaelkarlik.bsky.social
The 10th Circuit rejects a lawsuit from a self-represented plaintiff seeking for Sam Alito and Clarence Thomas to recuse themselves from Trump cases. The plaintiff only challenged the trial court’s screening procedure on appeal though:
The plaintiff, Mr. William Danks, sued two United States Supreme Court Justices, claiming that they should recuse in any cases involving President Trump. The district court screened the complaint under Local Rule 8.1, concluding that Mr. Danks lacked standing and dismissing the action without prejudice for lack of subject-matter jurisdiction.
October 24, 2025 at 3:23 PM
michaelkarlik.bsky.social
"Bad faith conduct. "Retaliation." Senior Judge William Martínez, an Obama appointee in Colorado, slammed the federal government today for scheduling a detainee's potential removal hearing one day after he filed a habeas corpus petition challenging his immigration detention.
As an initial matter, the Court notes that it is very troubled by the fact that Morales Lopez’s Individual Hearing was set so quickly after he initiated this habeas action. Indeed, Morales Lopez received notice of the October 15, 2025 hearing on October 2, 2025—a single day after he filed his petition in this Court. (Id. at 11.) The abrupt timing of this scheduling strongly suggests to the Court that it was taken by Respondents in retaliation of Morales Lopez pursuing a judicial proceeding. See Aguilera v. 1205 Kirkpatrick, 241 F.3d 1286, 1292 (10th Cir. 2001) (“When facing deportation . . . aliens are entitled to procedural due process, which provides an opportunity to be heard at a meaningful time and in a meaningful manner.”). This type of bad faith conduct is inimical to our system of justice, and is conduct this Court will generally not abide.
October 15, 2025 at 2:38 AM
michaelkarlik.bsky.social
Colorado's Federalist Society chapter is hosting John Eastman next week, who was the legal achitect of the plan to reject the 2020 election results and, so far as I know, isn't allowed to practice in Colorado's federal court (www.coloradopolitics.com/2024/04/29/f...). The event is closed to media.
October 8, 2025 at 5:49 PM
michaelkarlik.bsky.social
Judge Gordon Gallagher told the DOJ last week he wouldn’t extend the deadline to respond to a noncitizen’s challenge to his immigration detention due to the govt. shutdown.

“The Government is constitutionally obligated to provide due process,” he wrote.
www.coloradopolitics.com/2025/10/08/f...
Judge Gordon Gallagher
October 8, 2025 at 4:31 PM
michaelkarlik.bsky.social
At some point the weather will turn, but for now Phoebe loves being out in his tree in October 🦜🌲
A cockatoo in an evergreen tree
October 6, 2025 at 12:22 AM
michaelkarlik.bsky.social
The 10th Circuit has been standing by on the government's appeal of an Alien Enemies Act injunction out of Colorado. The government represented that the Fifth Circuit's case is highly similar, so it would be wise to see the outcome of the Texas case.
Because the issues on appeal in this case are nearly identical to the ones in W.M.M., which has been scheduled for expedited disposition, requiring briefing in the usual course in this case would lead to an unnecessary duplication of effort. The issues on appeal in W.M.M. include: (1) To what extent courts may review whether the Proclamation complies with the AEA
September 3, 2025 at 3:03 PM
michaelkarlik.bsky.social
NEW: Senior Judge William Martínez just dropped an order requiring a release hearing for a torture victim in ICE custody, and also prohibiting ICE from removing him unlawfully. The judge found a "real risk" of that happening.
The Court is also troubled by Maldonado’s testimony explaining that “with so many deportations going on, the phones are turned off. . . [until] about 5:00 or 6:00 in the afternoon, maybe sometimes 4:00, . . . three or four times a week.” (Tr. 29:7–13.) This suggests to the Court that there is a real risk that ICE will initiate efforts to remove Maldonado while severing his ability to seek counsel before he is deported. Maldonado’s counsel powerfully expressed the same concern during the evidentiary hearing. (Tr. 92:21–93:22 (A: “I am terrified that [Maldonado] will be removed unlawfully like [Kilmar Abrego Garcia].” . . . Q: “So, effectively what you’re telling me is that you have a concern that under this administration, the DHS and ICE will not follow the rule of law?” / A: “That is exactly what I’m saying.”).)
August 8, 2025 at 10:32 PM
michaelkarlik.bsky.social
This is awful — the Wyoming newspaper where I first started is now gone. This paper, housed on the main street of town, told people about what the city council, school board and broader civic community of 14,000 people was doing.

Here are some examples of what was — and no longer will be — covered:
Dear friends and neighbors, I am deeply saddened to announce 30 employees across nine publications here in Wyoming and Nebraska received a letter this morning, stating, effective today, August 6, 2025, News Media Corporation has ceased operations. The announcement has come as a shock to us. While current economic trends were being navigated, we were moving forward, adjusting our business model to today’s economy and did not expect the sudden closure. Across the state, we employed some of the greatest and hard working individuals I’ve ever met. I am forever grateful for their dedication to you, our readers and advertisers, and their commitment to bringing valuable news and information on a daily basis. Our hearts hurt. I am devastated by the loss of such a crucial and valuable resource. Nine communities no longer have a newspaper. With our vast spaces, there will undoubtedly be a void, leaving stories of great people, great accomplishments and great memories going untold. No more watchdog for local governments. We love our communities and we loved serving the people. Thank you to everyone for your support over the years. We wish we could have said a proper goodbye.
August 7, 2025 at 1:18 AM
michaelkarlik.bsky.social
So, I saw something odd when looking through a transcript of a May 2024 sentencing hearing. Judge Dan Domenico (early 50s, 2019 Trump appointee, next in line to be Colorado's chief district judge) quips that he's not entirely sure he'll be on the court in a few years....(1/2)
So I look forward to in a few years, if Mr. Belcher's 14 right, that we're all still here -- which I'm not sure I am 15 quite as hopeful for myself. But I do hope that you won't vi
August 3, 2025 at 9:29 PM
michaelkarlik.bsky.social
Today, the government gave notice that it is appealing Judge Sweeney‘s 2-month-old injunction in Colorado’s Alien Enemies Act case. In all that time, what error does the government think she committed? They won’t say.
Hello Michael, We cannot comment. Thanks for your inquiry, Jillian
July 7, 2025 at 7:39 PM
michaelkarlik.bsky.social
NEW: Despite numerous errors at the 2009 trial, the Colorado Supreme Court has upheld the convictions of Robert Ray, one of the law three people on the state's death row. The court reasoned many of the evidentiary mistakes were brief:
www.coloradopolitics.com/courts/rober...
Colorado Supreme Court Justice William W. Hood III
June 23, 2025 at 5:35 PM
michaelkarlik.bsky.social
I can’t believe no one thought to sue The Criminals before
June 6, 2025 at 9:46 PM
michaelkarlik.bsky.social
Despite Justice Samour's tough talk, the Colorado Supreme Court today actually drilled multiple holes in its 2021 decision telling judges to abide by the state's crime victim restitution law. While the justices could have weakened it further, they nontheless carved out exceptions. Story coming soon.
The legislature could not have been clearer: The stakeholders in the criminal justice system must follow the procedures adopted in 2000 and work together to ensure the effective, timely, and most expeditious assessment of restitution. Yet, when we decided Weeks, more than two decades after the amendments, litigants and trial courts were still engaging in the “longstanding practice” that failed to adhere to those amendments. ¶ 2, 498 P.3d at 147. That’s precisely what animated our decision in Weeks: We sought to buck the stubborn trend. Id. Despite the prosecution’s fervent pleas to backtrack now, we see no reason to reverse course. ¶37 Importantly, were we to acquiesce and embrace the prosecution’s position, it would permit a trial court to correct an illegal sentence like the one Snow received by simply requiring payment of an amount of restitution many years or even decades after the sentencing hearing. We decline the invitation to be led down this primrose path. We are as unwilling to ignore our legislature’s intent today as we were when we announced our decision in Weeks.
May 27, 2025 at 6:37 PM
michaelkarlik.bsky.social
On threats to judges/the wave of litigation against the government:
It’s also easy because I’ve been a magistrate judge for a decade and I had the same rules I have as a district judge, which is: I gotta keep my mouth shut and do my job and not talk about what we might think of as controversial political issues, except with my family and closest friends. I’ve had that habit for a decade. That’s made it easier for me. I absolutely understand why there’s lots of concerns for judges around the country and I share those concerns. I can’t say I’m immune from those. But I hope they don’t hit close to home, either.
May 27, 2025 at 3:13 PM
michaelkarlik.bsky.social
On judge-shopping and Colorado's district court declining to put him in a single-judge division for Western Colorado:
CP: Can you think of any argument in favor of allowing you to be the single-judge, Western Slope division for our court? Gallagher: I guess if you had certain cases where if you wanted absolute consistency across that type of case, I think that’s a good reason in criminal cases to have that. Civil cases are all just so very different. I just don’t think there are good reasons that judge-shopping should be the favored mechanism. In fact, I think it should be a disfavored mechanism. This is not to cast aspersion against any particular political group because lots of political groups do it. I think it was mentioned yesterday (May 15) in the oral arguments having to do with nationwide injunctions. I think one Supreme Court justice commented on, in one administration, there’s a division or district in Texas that’s been picked for many cases and in another administration, there’s a district in California that’s been picked.
May 27, 2025 at 3:12 PM
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NEW: By 5-2, the Colorado Supreme Court has permitted Boulder County and the city of Boulder to sue two fossil fuel producers over the local impacts of climate change. Story coming shortly.

Justice Carlos Samour, in dissent, took the unusual step of asking the U.S. Supreme Court to intervene.
2 Given the number of local municipalities throughout the country that have already brought claims like those advanced by Boulder, given that more and more municipalities are joining this trend, and given further that a number of courts have now ruled that such claims may be prosecuted, I respectfully urge the Supreme Court to take up this issue—whether in this case or another one. My colleagues in the majority, like other courts, interpret Supreme Court precedent as permitting Boulder’s claims. Respectfully, I believe that they misread those cases
May 12, 2025 at 4:22 PM