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The original item was published from 4/3/2020 12:41:59 PM to 4/11/2020 12:00:03 AM.

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Posted on: April 3, 2020

[ARCHIVED] Update on Pending Extraction Municipal Court Noise Case

Update on Pending Extraction Municipal Court Noise Case

Below is an update regarding the noise case in Broomfield Municipal Court. In the matter listed, Broomfield prevailed over Extraction’s requests.

Noise Case - Extraction’s Motion to Reassign Case to Judge Hardesty

On February 28, 2020, when Judge Fisher was assigned to the noise litigation in municipal criminal court, Extraction filed a motion to reassign Judge Hardesty to the case. In its motion, Extraction claimed that Judge Hardesty should be assigned because of his familiarity with the parties and that Broomfield had "used its authority over this Court to ensure that a different judge handles its noise prosecutions because Judge Hardesty dismissed a prosecution against Extraction," while admitting that Judge Fisher is "qualified, fully capable and impartial." On March 23, Judge Kristin Brown issued an order denying Extraction’s motion to reassign. Judge Brown found that Judge Davis makes decisions on appointment of judges to municipal cases, that "there is no evidence to conclude that the municipal court is not an independent branch of the City and County government," and that there is no basis to remove Judge Fisher from the case.

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