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People v. Sir Mario Owens transferred to Chief Judge Carlos A. Samour, Jr.

Wednesday, April 13, 2016

CENTENNIAL, Colo. – Eighteenth Judicial District Chief Judge Carlos A. Samour, Jr., entered an administrative order today reassigning the post-conviction proceedings in 2006CR705, People of the State of Colorado v. Sir Mario Owens, from Judge Gerald Rafferty to himself.

Judge Rafferty reached the mandatory retirement age of 72, set by the Colorado Constitution, in January 2016. At the time of his retirement, Judge Rafferty was working on his final order regarding the post-conviction proceedings in People v. Owens.

Given the status of the case and scope of the post-conviction proceedings, Colorado Supreme Court Chief Justice Nancy Rice entered a special appointment order, provided for in the Colorado Constitution, allowing Judge Rafferty to continue presiding over People v. Owens.

In March 2016, the State Court Administrator’s Office (SCAO) entered into an employment contract with Judge Rafferty for full-time employment. The contract outlined the terms and conditions of the special appointment. Since that time, SCAO learned that Judge Rafferty had breached the terms of the contract by practicing law at Collins & Coldwell, LLC. The contract between SCAO and Judge Rafferty has been terminated. 

As Judge Rafferty did not finalize an order in People v. Owens, Judge Samour will schedule a status conference with the parties to determine the appropriate next steps in the post-conviction proceedings.

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