In the County Court in and for the City and County of Denver

People v. Jo Ann Scott (complaining witness, July LaBarr of Planned Parenthood, et al.)

Denver Police Dept. Case No. 07-301388

County Court Case No. 07M09269, 07M010757, and 07M010758

 for violation of 18-9-122(3) (C.R.S. 2006).  See Hill v. Colo., 530 U.S. 703 (2000).

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This appears to be the first known case prosecuting an alleged violation under this statute, informally referred to as the Anti Sidewalk Counseling Ordinance. See Aug. 20, 2008 entry in the blog section for news & commentary about this case. Date Filed Description 08/29/2008 Scott's Motion for Judgment notwithstanding the verdict 05/21/2008 People's Motion to Dismiss 07M10757 and 07M10758 without prejudice 05/19/2008 People's Proposed Order (RE: Motion to Dismiss) 04/25/2008 Scott's Reply in Support of Motion to Dismiss 04/24/2008 People's Motion in Limine Requesting Court Order Restricting Political Expressions in the Courtroom During Trial 04/17/2008 People's Response in Opposition to Motion to Dismiss 04/13/2008 People's Motion to Amend Criminal Summons & Complaint to Add Second Count 04/11/2008 People's Request for Hearing, and for Additional Offer of Proof or, in the Alternative, to Strike Witness Testimony 03/21/2008 Response to People's Motion for Joinder of Cases 03/17/2008 Motion to Dismiss (07M09269) 03/17/2008 Motion to Dismiss (07M010757 & 07M010758) 03/13/2008 Motion to Join Cases for Trial 01/02/2008 Entry of Appearance (07M10757 & 0710758) 01/02/2008 Entry of Appearance (07M09269) 11/20/2007 Scott's Disclosure of Expert and non-Expert Witnesses 10/24/2007 Planned Parenthood's Motion to Quash Subpoena 10/24/2007 Scott's Motion to Dismiss 10/22/2007 Scott's Motion to Dismiss 10/09/2007 Scott's Subpoena Decus Tecum (to Planned Parenthood) III 10/09/2007 Scott's Subpoena Decus Tecum (to Planned Parenthood) II 10/04/2007 Planned Parenthood's response to discovery request 10/02/2007 Motion for Postponement of Trial Date 09/19/2007 Scott's Motion for Hearing on Motion in Limine 09/19/2007 Scott's Motion for Evidentiary Hearing 09/12/2007 Planned Parenthood's answers to initial discovery requests 09/04/2007 Scott's Motion to Compel 08/30/2007 Advisement (served upon Jo Scott) 08/28/2007 Scott's Subpoena Decus Tecum (to Planned Parenthood) I 07/09/2007 Scott's Subpoena Decus Tecum (to Planned Parenthood) 05/10/2007 Criminal Summons & Complaint, police report, etc.

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April 20, 1993 Denver Post article, "Romer signs abortion 'bubble' bill into law: Colorado is first state to create 8-foot buffer at medical facilities

Facts about judge assigned to case, Mary A. Celeste

• Denver's First Openly Gay Judge >> full article text >>

• Judge Celeste's Judicial Performance Commission Report Card reveals that she:

  • received slightly higher than average rating from attorneys in the areas of:

    • promptly ruling on pre trial motions and issuing written findings on fact or law.

  • received average ratings in the areas of:

    • promptly issuing a decision on the case after trial;

    • making decisions without fear of being appealed;

    • overall communication;

    • speaking clearly; and

    • making sure all participates understand proceedings.

  • received lower than average ratings in the areas of:

    • setting reasonable schedules for cases;

    • being willing to reconsider error in fact or law;

    • having knowledge of rules of procedure and evidence;

    • using good judgment in application of relevant law and rules;

    • treating participants politely and with respect;

    • conducting "her" courtroom in a neutral manner;

    • consistently applying laws and rules; and

    • treating parties without attorneys fairly.

• The Commission, upon complete review, determined that the negative issues indicated in the written evaluations were attributable to Judge Celeste’s relative inexperience with criminal matters; her "abrupt, straightforward communication style;" her transition from being an advocate to acting as a judge; and the pressure of handling thousands of traffic cases and several hundred final hearings in her first year. >> full article text >>

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