Colorado Supreme Court
Office of Attorney Regulation Counsel
Promoting Professionalism. Protecting the Public.
Justice Melissa Hart talks about first week on the bench, path to the court
By ZAK BRATTON
Justice Melissa Hart was at her son's basketball practice in early December, when
her phone began to ring. The call was directly from the governor, advising her she
had been appointed to the Colorado Supreme Court.
She immediately ran into the gymnasium where her son was playing basketball and
told him he'd be leaving school early to go meet the governor.
Hart was officially appointed on December 14, 2017, and took the bench for her first
official day as a member of the Colorado Supreme Court on January 9.
"It was great," Hart said, smiling. "It really exceeded
expectations and my expectations were very high."
Hart's first week hearing cases featured a slew of complex issues, including
potential rule changes to the Rules Governing Admission to the Bar and
Mandatory Continuing Legal Education and Judicial Education.
While her first day on the bench may have been the most enchanting, it was the
second day that was the most eye-opening.
Hart referenced a case in which a litigant from the underlying case came to the
oral arguments.
"That was a strong reminder that when we are deciding a legal issue, that
there are human elements, and sometimes suffering, behind those statutory
interpretations,” Hart said. “I felt the gravity of the issues that we are
dealing with and the seriousness of the obligation as the court of last resort
here. It's really important to dive into the issues and not make quick
judgments.”
It’s these considerations that led Hart to the bench, through what she believes
is a calling to public service.
Prior to her work as a law professor at the University of Colorado Law School,
and as the director of CU’s Byron R. White Center for the Study of American
Constitutional Law, Hart practiced law for several years in Washington, D.C.,
including as a trial attorney for the U.S. Department of Justice. She also
clerked for Justice John Paul Stevens of the United States Supreme Court, and
for Judge Guido Calabresi of the Second Circuit.
For the past 17 years, Hart has been involved at CU in a position she said she
“absolutely loved,” teaching Civil Procedure, Poverty Law, Legal Ethics and
Professionalism, Employment Discrimination and Employment Law, Education and
the Constitution, and Supreme Court Decision-making.
It is this constant circle of learning and teaching that truly drives
newly-appointed Justice Melissa Hart. But one question lingered from her time
spent as a law professor: how do we make the system the best that it can be?
“How do you make the legal system work really well? How do you increase public
confidence in the judicial and legal systems?” she wondered. Now, given the opportunity
to serve on the state’s highest court, Hart is not only able to participate in
decisions directly affecting these questions, but is also part of a body which can
influence outcomes on how the entire profession, and the court, is regulated in
the future.
Looking at the bigger picture was something Hart said she believes propelled
her from nominee to justice. In preparation for the position, Hart spent time
engaging in the community, connecting with lawyers, business leaders, and
community leaders in the Denver area.
“It gave me a richer perspective of the challenges which are affecting our
communities," Hart said. "I listened to more voices and took in more
perspectives.”
Now, as a justice for the Colorado Supreme Court, the circle of learning and
teaching is more important than ever.
"Never stop learning," Hart said. "Being a lawyer – and a judge –
is a lifelong learning process."