Alan Loeb
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Alan Loeb was the chief judge of the Colorado Court of Appeals. He was appointed to the court on July 2, 2003, by Gov. Bill Owens (R) and was retained by voters in 2006 and 2014.[1][2] He retired on December 28, 2019.[3]
On June 7, 2013, Colorado Supreme Court Chief Justice Michael Bender announced that Loeb would become chief judge of the Colorado Court of Appeals upon then-Chief Judge Janice Davidson's retirement. Loeb served as chief judge-designate until Davidson's October 1, 2013, retirement.[4][5] Loeb served as chief judge until 2019.[3]
Education
Loeb earned a B.A. with distinction from Stanford University in 1968. He received his J.D. from the University of Michigan Law School in 1971, graduating cum laude and Order of the Coif.[6]
Career
- 2003-2019: Judge, Colorado Court of Appeals
- 2013-2019: Chief Judge
- 1971-2003: Attorney, Davis, Graham & Stubbs LLP
- 1977-2003: Partner[6]
Awards and associations
Associations
- 2003-2019: Member, Colorado Supreme Court Jury System Standing Committee
- 2005-2006: Member, Colorado State Judicial Conference Planning Committee
- 2000-2001: Member and past president, Rotary Club of Denver Southeast; District Governor of Rotary International District 5450[6]
Elections
2014
- See also: Colorado judicial elections, 2014
Loeb was retained to the Colorado Court of Appeals with 68.9 percent of the vote on November 4, 2014.[7]
Judicial performance evaluation
The Colorado Commissions on Judicial Performance recommended that Judge Loeb be Retained. The full report is available here.
Noteworthy cases
Colorado panel says CADA does not violate the First Amendment
Prior to their wedding, Charlie Craig and David Mullins solicited a Colorado business, Masterpiece Cakeshop, to design and make a wedding cake. The owner, Jack C. Phillips, refused, citing religious objections to same-sex weddings, but offered to design and bake any other baked good the couple requested. The couple filed discrimination charges under Colorado's Anti-Discrimination Act (CADA), which prohibits businesses and other places of public accommodation from discriminating on the basis of sexual orientation. The Colorado Civil Rights Commission issued a cease-and-desist order to Masterpiece Cakeshop, while Phillips alleged that both the order and CADA violated his First Amendment freedoms of expression and religious exercise.[8]
A three-judge panel of the Colorado Court of Appeals composed of Chief Judge Alan Loeb and Judges Daniel Taubman and Michael Berger heard the appeal. Judge Taubman wrote the opinion of the panel in which Chief Judge Loeb and Judge Berger concurred. In his opinion for the panel, Judge Taubman upheld the Commission's order. In rejecting Masterpiece's free expression challenge, Judge Taubman acknowledged that "First Amendment protections extend to conduct that is 'inherently expressive.' ... In deciding whether conduct is 'inherently expressive,' we ask whether ‘[a]n intent to convey a particularized message was present, and [whether] the likelihood was great that the message would be understood by those who viewed it.’" In the panel's view, the crafting of a wedding cake for a same-sex married couple did not present such a likelihood. Judge Taubman noted that designing and selling a wedding cake to any and all customers in a non-discriminatory manner did not convey a celebratory message about same-sex weddings that was likely to be understood by those who viewed the cake. [8]
With respect to Masterpiece's religious exercise challenge, the panel determined that CADA "was not designed to impede religious conduct and does not impose burdens on religious conduct not imposed on secular conduct." Therefore, as the law was neutral to religious exercise and applied to all places of public accommodation generally, the panel reviewed CADA under a standard of review known as rational basis. A rational basis assessment requires that a law be rationally related to a legitimate government interest. Here, the panel held that CADA was rationally related to Colorado's asserted "interest in eliminating discrimination in places of public accommodation." The panel similarly upheld that Phillips' free exercise rights were not violated under the Colorado constitution.[8]
The U.S. Supreme Court agreed to hear arguments in this case during its October 2017 term.
- For more, see Masterpiece Cakeshop v. Colorado Civil Rights Commission
Colorado Day of Prayer ruled unconstitutional (2012)
3-judge panel of Colorado Court of Appeals declares governors' state Day of Prayer to be unconstitutional.
Articles:
Recent news
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See also
External links
- Colorado Judicial Branch, "Court of Appeals"
- Colorado Judicial Branch, "Alan Loeb appointed Chief Judge-designate of the Colorado Court of Appeals," June 7, 2013
Footnotes
- ↑ Colorado Secretary of State, "2006 General Election results," accessed September 4, 2014
- ↑ Colorado Judicial Branch, "Colorado Court of Appeals," accessed September 4, 2014
- ↑ 3.0 3.1 The Villager, "Court of Appeals Chief Judge Alan M. Loeb to retire," September 19, 2018
- ↑ Law Week Colorado, "Loeb Appointed Chief Judge-Designate Of The Colorado Court Of Appeals," June 7, 2013
- ↑ Colorado Judicial Branch, "Alan Loeb appointed Chief Judge-designate of the Colorado Court of Appeals," June 7, 2013
- ↑ 6.0 6.1 6.2 Colorado Judicial Branch, "Alan M. Loeb," accessed September 4, 2014
- ↑ Colorado Secretary of State, "2014 General Election Unofficial Candidate List," accessed September 4, 2014
- ↑ 8.0 8.1 8.2 Colorado Court of Appeals, Charlie Craig and David Mullins v. Masterpiece Cakeshop, Inc., and any successor entity, and Jack C. Phillips, and Colorado Civil Rights Commission, August 13, 2015
Federal courts:
Tenth Circuit Court of Appeals • U.S. District Court: District of Colorado • U.S. Bankruptcy Court: District of Colorado
State courts:
Colorado Supreme Court • Colorado Court of Appeals • Colorado District Courts • Colorado County Courts • Denver Probate Court • Denver Juvenile Court • Colorado Municipal Courts • Colorado Water Courts
State resources:
Courts in Colorado • Colorado judicial elections • Judicial selection in Colorado
