Englander, Shephard H.

Moses, Melinda S.

English

University of Denver

Denver Law Review Volume 71 Issue 1 Article 5 January 2021 The Honorable John A. Criswell, Colorado Court of Appeals Melinda S. Moses Shephard H. Englander Follow this and additional works at: https://digitalcommons.du.edu/dlr Recommended Citation Melinda S. Moses & Shephard H. Englander, The Honorable John A. Criswell, Colorado Court of Appeals, 71 Denv. U. L. Rev. 7 (1993). This Article is brought to you for free and open access by the Denver Law Review at Digital Commons @ DU. It has been accepted for inclusion in Denver Law Review by an authorized editor of Digital Commons @ DU. For more information, please contact jennifer.cox@du.edu,dig-commons@du.edu. THE HONORABLE JOHN A. CRISWELL,COLORADO COURT OF APPEALSMELMNDA S. MosEs*SHEPARD H. ENGLANDER*Judge John Albert Criswell was born May 13, 1932 in Phoenix, Ari-zona. His father was a colorful man who at the age of fourteen, left hishome in Texas, took refuge in a bordello, and a year later, found himselfliving in the raucous mining town of Creede, Colorado where he sup-ported himself as a butcher by day and as a card dealer by night. JudgeCriswell's mother was the daughter of a railroad worker. The couple metin Alamosa and married in 1919. They moved to Phoenix for a short timeand settled in Pueblo, Colorado when the Judge was six months old.The family's circumstances were modest. They bought a three roomhouse in Pueblo, which remained the home of the Judge's mother untilshe passed away at the age of 91. However, despite his family's hardships,Judge Criswell has many fond memories of growing up in Pueblo.High school, in particular, profoundly impacted the Judge. He de-scribes this period in his life as a time of intellectual and self growth, muchof which he attributes to H.H. Bisel, his history teacher and debate coachat Centennial High School. During this time, Centennial had a champion-ship debate team under Bisel, and the Judge continued the tradition as ajunior, by helping his team win a three-state championship. The Judge'shigh school involvement, however, did not end with debate. He served assenior class president and forged strong friendships with his classmateswhom he described as a unique group of ambitious, bright, and acceptingindividuals.One of the topics the Judge debated was whether a world governmentshould be created. This piqued the Judge's interest in foreign affairs andhe attended the School of Foreign Service at Georgetown University. Hav-ing no scholarship or financial aid, he worked his way through college.This led to the what theJudge has described as his most "enjoyable job"-being an elevator operator in the House Building of the United StatesCongress. This job paid so well that the Judge was able to share the jobwith a buddy and work only every other month. Unfortunately, however,the job, which was a patronage position, disappeared when the Republi-cans won control of Congress in 1950. Thereafter, theJudge was relegatedto a "less glamorous" (and lower paying) job in the Georgetown Library.* University of Colorado (BA. with distinction 1982); University School of Law (.D.1988); current judicial law clerk to the Honorable Dale P. Tursi, Colorado Court of Appeals.** Tufts University (B.A. Gum Laude 1985); Northeastern University School of Law(J.D. 1992); current judicial law clerk to the Honorable John A. Criswell, Colorado Court ofAppeals.DENVER UNIVERS!TY LAW REVIEWJudge Criswell describes his years at Georgetown as very stimulating.History was taught in a different manner than he ever experienced-as atool for the decision-making of future statesmen. He lived off-campus in afraternity house with connections to prominent diplomats who wouldoften come to address the students. After two years, however, the Judgeconcluded that, as a "small town guy who wore boots, had little money,and did not like having to wear a tie everyday," any success with the StateDepartment would be hard won. Consequently, he revived a childhoodambition to become a lawyer.With that goal in mind, the Judge returned to Colorado to attend theUniversity of Denver. The day he arrived, his high school friends arrangeda blind date with Ann Jones. The pairing was a success, and an engage-ment was announced three months later.The Judge then had to finish another year of undergraduate curricu-lum before beginning law school. He took the opportunity to have a "ren-aissance year"-taking classes in American history, psychology andundergraduate constitutional law. He also joined the R.O.T.C. programsince this was during the Korean war and he already used his studentdeferment.He began law school at the University of Denver (DU) in 1953. Atthat time, the law school had only five full time professors: (1) Dr. TomMarsh, who taught real estate and torts; (2) Vance Dittman, who taughtprocedure and evidence; (3) Charles E. Works, who taught probate, es-tates, and trusts; (4) Harold Hurst, who taught administrative and consti-tutional law; and (5) Wilson Hurt, who taught corporations, agency, andpartnerships. Of these men, the Judge was particularly influenced by Dr.Marsh, a man with exceptional intelligence and an admirable ability torelate to all types of people.Judge Criswell graduated cum laude from DU Law School in 1956.He was a member of the Order of St. Ives, the Student Work Editor of theLaw Review, which was then known as DICTA, and treasurer of his class.He respected his talented classmates, many of whom have since becomeleaders in the profession. They include Walter Gerash (prominent Denvercriminal defense attorney), Mike McKevitt (former Denver district attor-ney and United States Congressman), Anthony Vollack (ColoradoSupreme Court Justice), Don Smith, (retired Colorado Court of AppealsJudge), Gaspar Perricone (a Jefferson County District Court Judge), andRay Turner, (partner, the law firm of Sherman and Howard).Upon his graduation, Judge Criswell was thrust into the "real world"with unusual force. His first child was due the first day of the Bar Examand the Judge was ordered to report for active military duty in the AirForce six months later. Needless to say, besides mounting pressure to passthe bar, the Judge faced a difficult financial situation. He will always begrateful for the six month employment that Sherman & Howard, thenknown as Dawson, Nagel, Sherman & Howard, graciously extended tohim. Not only did it provide him the means to support his family, but italso exposed him to interesting projects and eminent practicing attorneys.[Vol. 71:1JUDGE CRIS WELLHis time in the Judge Advocates General Corps of the Air Force, as amilitary attorney, was also important to his professional development. Itprovided him with the unique opportunity to try courts martial both as aprosecutor and as a defense counsel. In addition to the extensive trialexperience he gained, Judge Criswell also started an income tax school onhis base so the airmen, many of whom recently left home for the first time,could obtain the advice needed to complete their tax returns.After leaving the military, Judge Criswell joined a firm formed by hisclassmates, Bill Myrick and Don Smith. The two established, through hap-penstance, a relationship with a local Teamster's union and developed apractice in labor law. They also developed an expertise in municipal law.In 1963, the firm added Joseph P. Branney, one of the state's promi-nent personal injury litigators, and emphasized all aspects of trial work-before the courts and numerous administrative agencies. The Judge alsotaught contracts classes at DU Law School during the 1960 and 1961 aca-demic years.The Judge's municipal law practice grew, and he was appointed cityattorney for Englewood in 1965. Much of his involvement with the cityfocused on the development of Cinderella Shopping Center, which at thetime, was the largest shopping center in the world under one roof. Localresidents mounted opposition to the development. Extensive litigationensued, including a petition filed with the United States Supreme Court,before the litigation was settled and the shopping center built.During this same period, Judge Criswell began to represent more un-ions, including several in the newspaper industry. He also became knownas a leading appellate advocate. Appellate work was very rewarding forhim because he felt that with each case precedent, he created somethingwith a lasting effect that would benefit society as a whole.The law firm of Myrick, Smith, Criswell and Branney dissolved in1970. The Judge continued his private practice and later became associ-ated with Gary Patterson, John E. ("Pat") Myles, Beverly Ballantine, JohnM. McNamara, and Gary Bell.He continued to practice labor law, and, in later years, he developed acivil rights practice, with an emphasis on prosecution of claims under 42U.S.C. § 1983. One of the Judge's most memorable and challenging ofthese cases was when he represented several members of the faculty ofColorado Women's College who were terminated shortly before that insti-tution was closed.Judge Criswell was appointed to the Colorado Court of Appeals onSeptember 10, 1986 by then Governor Richard D. Lamm. As a jurist,Judge Criswell is guided by a personal respect for the history and integrityof legal doctrine. He believes ajudge should not be unduly influenced byhis or her own personal perspectives or politics. Radical departures fromthe past, in Judge Criswell's view, should be accepted only when estab-lished legal precedent cannot be used to provide a workable solution tomodem problems. Consistent with this philosophy, Judge Criswell sees hismost important role as one of a leveling influence on different views.1993]DENVER UN!VERSITY LAW REV!EWInfluenced by his professional experience before he assumed thebench, Judge Criswell's more notable opinions have related to civil rights,'constitutional law2 and tort law.3 He has, however, also written upon im-portant issues of criminal law.4 As a current and former law clerk toJudge Criswell, we both have benefitted from the Judge's exhaustiveknowledge of legal doctrine, his razor-sharp powers of analysis, and hispassion for his work. He reads the briefs of his cases for the coming weekat home every Saturday morning-he often reads 10 sets over a weekend.He arrives on Monday morning with a thorough grasp of the facts andevery legal argument on both sides of every case. To our astonishment, hecan then sit down and draft a complex legal opinion in two hours. Theseopinions never stray from his standards-they are precise, concise and yeteloquent, reflecting his love for writing.Judge Criswell has also acted as a mentor to us. He was always inter-ested in and gave careful consideration to our ideas and analyses. Fromour exchanges, we learned how to dissect a case, identify the issues thecourt should not address, and then solve the problems that were left. Bothof us know that we will continually draw on these skills and are grateful forthe time and care Judge Criswell took in cultivating our legal abilities.The relationship the Judge developed with us is symbolic of his ap-proach to his work and to the world. He is not only a very disciplined manwho takes his responsibilities seriously, he also holds a deep regard for thelaw which he transmits to those that he works with. His active involvementas chair of the Judicial System Personnel Board of Review and theSupreme Court's CivilJury Instruction Committee evidence that regard asdoes his commitment to the legal community.However, Judge Criswell is not all work. He is a vigorous, witty, andentertaining man. He has many outside interests including birding, ski-ing, cycling, and traveling. He has competed in running races and hasridden his bicycle in mountain tours. He rewards his hard work by spend-ing as much of his free time as possible skiing or hiking at his mountain-side cabin. He is also dedicated to his wife Ann, their five children, andsix grandchildren.The Judge appears always mindful that many people and experiencescontributed to his ability to surmount his modest beginnings to become adistinguished jurist. This fuels the dignity and respect with which he ap-proaches both the law and his legal comrades.1. Montoya v. Colorado Springs, 770 P.2d 1358 (Colo. Ct. App. 1989) (sets forth under-lying principles for § 1983 action).2. Lucchesi v. Colorado, 807 P.2d 1185 (Colo. Ct. App. 1990) (authorizing taxpayeraction to recover ad valorem taxes alleged to violate state constitution).3. Sewell v. Public Service Co., 832 P.2d 994 (Colo. Ct. App. 1992) (jury must decideany disputed facts that may be relevant for court to determine legal question of existence ofduty).4. People v. Atkins, - P.2d - (Colo. Ct. App. 89CA0950, June 4, 1992) (criminaldefendant cannot be convicted of both murder after deliberation and extreme indifferencemurder).[Vol. 71:1

The Honorable John A. Criswell, Colorado Court of Appeals

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The Honorable John A. Criswell, Colorado Court of Appeals

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