Colorado Politics: In the past year, some members of the U.S. Supreme Court have chosen to disclose their justifications for recusing themselves from specific appeals, for reasons including their prior employment or their connection to people involved with the case.

Similarly, the Colorado Supreme Court’s weekly case announcements note when any of the seven justices has recused from an appeal, whether granted or turned down. But so far, explanations for non-participation are absent.

“An attorney should be able to tell a client why a full panel of the court is not participating in making a decision on a case,” said appellate lawyer Elizabeth A. McClintock. “Additionally, transparency in the judicial system at all levels is just preferable and inspires trust by the public at large that judicial officers are taking their duty to monitor their conflicts seriously. By making those decisions public, the process is transparent.”

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