October 26th 2024.
During a court proceeding in Lone Tree this summer, Judge Lou Gresh made a statement that has caused quite a stir. He told a defendant who was accused of shoplifting that the court would report them to federal immigration authorities. This is a highly unusual act that has drawn criticism from immigrant rights groups and defense attorneys alike. The incident, which occurred on July 18, was captured on court recordings that were reviewed by The Denver Post.
One of the defense attorneys present in the courtroom that day, Michelle Ahronovitz, was taken aback by the judge's words. She had never heard a judge make such a statement in her entire career. In an interview, she expressed her shock and said, "There was definitely some implicit bias and implicit racism going on. It was definitely one of the more horrifying municipal court experiences I've had as an attorney."
When asked for a comment, Judge Gresh, through a city spokesperson, declined to be interviewed for this story. However, city officials released a statement stating that Lone Tree does not contact immigration authorities about defendants in municipal court. They believe that the judge must have misspoken and was actually referring to the city's advisement that all defendants understand the potential consequences of their conviction or guilty plea on their immigration status. Melissa Gallegos, the city spokesperson, clarified this in her statement.
But despite the city's explanation, the incident has caused an uproar. Nicole Cervera Loy, the policy and campaigns manager at the Colorado Immigrant Rights Coalition, called the judge's language a "gross misuse of judicial power." She believes that the city needs to immediately investigate the judge's conduct. "The actions taken were deeply inappropriate and undermine the justice system," Loy said. "The courtroom should be a place where justice is served, not a place where people feel intimidated or fearful."
Several judges and defense attorneys have also expressed their surprise at the judge's actions. They have never heard of judges threatening to report defendants in their courtroom to immigration authorities. While Colorado law does protect individuals from being arrested at a courthouse or while going to or from court proceedings, there are no statutes that expressly prohibit judges from calling immigration authorities.
However, three municipal court judges in Colorado told The Post that warning defendants about potential contact with immigration authorities should not be a part of taking a plea or imposing a sentence. "If you say things like 'I'll threaten to call the authorities,' you've probably gone over the line," one judge said, speaking on the condition of anonymity. "That's no longer an advisement - that sounds like a threat. There's a difference between advising a consequence and threatening a consequence."
It is clear that this incident has raised important questions about the role of judges in municipal courts and the potential impact of their words on defendants. As the debate continues, it is crucial to remember that the courtroom should be a place of fairness and justice for all, not a place of fear and intimidation.
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