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In Memoriam

May 3, 2021


Jeffrey Alan Goldstein

August 17, 1944–August 28, 2020

Jeffrey A. Goldstein—a tenacious attorney, civil rights advocate, judge, father, husband, brother, and friend to so many—passed away peacefully following surgery, with his wife and daughters at his side. With the support of dedicated doctors, nurses, and caregivers at Kaiser Permanente and St. Joseph Hospital, he had survived nearly four years coping with pancreatic cancer and its side effects.

Jeff was born in San Francisco on August 17, 1944, the eldest son of University of Southern California (USC) Dentistry Professor Dr. Charles Goldstein and Shirley Spector Goldstein. His grandparents on both sides were Jewish immigrants from Europe at the turn of the 20th century who built successful new lives in America. He grew up in West Los Angeles, where he graduated from University High School. His family included two brothers, Jon and Joel, and his sister Judy. In 1966, Jeff graduated from Valley State University (now California State University, Northridge), and USC Law School in 1969. After his first marriage and the birth of his two daughters, Janine (1969) and Genevieve (1970), the family moved to Denver in the early 1970s, where he resided until his death. Jeff married Marcia Tremmel Goldstein in 1976, and his third daughter Deanna was born in 1978.

Jeff began his law career in Long Beach, California, where he headed the Legal Aid Society office representing indigent clients. In Denver, he co-founded the law firm of Busacca, Goldstein, Hazleton, and Temko, which served a number of pro bono civil rights and community activist clients. He later cofounded Karp, Goldstein & Stem, and then established his own firm, Goldstein & Dodge, which primarily represented injured workers in Colorado’s workers’ compensation system. After a few years serving as special counsel in the labor law firm of Brauer, Buescher, Goldhammer & Kelman, Jeff left to serve as an administrative law judge, and later chief judge, for the Workers’ Compensation Division, Colorado Department of Labor, until his retirement in 2018.

As members of the National Lawyers Guild during the 1970s and 1980s, Goldstein and his partners represented a number of political activists, including members of the American Indian Movement during the Wounded Knee Occupation of 1973, immigration rights activists, organizers in Denver’s Chicano movement, labor organizers, military servicemen who were against the Vietnam War, and victims of police brutality.

Stemming from this work, Goldstein launched his decades-long representation of the heirs and descendants of the original Hispanic settlers on the Sangre de Cristo Land Grant, established by Mexico in 1844, in what is now Costilla County. As lead attorney in the landmark case known as the Taylor Ranch litigation (Lobato v. Taylor), Goldstein filed a class action lawsuit in 1981 against lumber baron and ranch owner Jack Taylor, who in the 1960s had won a federal court case barring local landowners and residents from exercising their historic rights to graze animals, gather firewood, and cut timber for construction of adobe homes on La Sierra—a 77,000-acre mountain tract of land that included 14,000-foot Culebra Peak. Representing class plaintiffs organized by the Land Rights Council in San Luis, Goldstein headed a large team of pro bono lawyers, many recruited by the Colorado Lawyers Committee, who followed the case through dozens of lower district and appellate courts before successfully winning the right to take the case to trial and then restoration of the historic land rights by Colorado Supreme Court decisions in 1994, 2002, and 2003. Implementation of those decisions has required further litigation continuing to this day. This epic land rights struggle garnered national and international recognition and has been a tremendous victory for the people of the San Luis Valley. Countless generations of families who will use their land grant rights will be forever grateful to Jeff for leading and winning this classic David versus Goliath battle.

Jeff was a founding member of the Workers’ Compensation Education Association (WCEA), a claimant lawyers’ organization that advocates and educates for the rights of injured workers in Colorado. Jeff worked tirelessly for legislative and administrative changes to better the plight of injured workers and was respected by all sides for his depth of knowledge, fierce advocacy, and frequent lectures on workers’ compensation topics.

Jeff has been honored with awards from a number of community and legal organizations, including the Trial Lawyers for Public Justice, the Denver and Colorado Bar Associations, the Colorado Hispanic Bar Association, the Colorado Lawyers Committee, the WCEA, and the Land Rights Council. This year, the Denver Bar Association honored Jeff for 50 years of service in the legal profession.

Jeff and Marcia loved traveling the world and camping with friends in their Airstream Bambi trailer. Jeff was also an avid sailor, fly fisherman, scuba diver, and photographer. He spent many pleasant days at his mountain log cabin near Bailey enjoying his family, friends, and dog Satchmo, as well as befriending countless birds, squirrels, and mule deer.

Jeff is survived by his wife Marcia; daughters Janine Aquino (Vince), Genevieve Moya, MD, and Deanna Goldstein; sister Judy Walter; and brother Joel Goldstein. His leaves surviving grandchildren Jade and Equis Moya, and Madeline and Alexandra Armour. Preceding him in death were his parents Charles and Shirley Goldstein and his brother Jon Goldstein.

 

Mary J. Mullarkey

September 28, 1943–March 31, 2021

Mary J. Mullarkey, the first female chief justice of the Colorado Supreme Court, died on March 31, 2021, at age 77. With her passing, Colorado lost a pioneering leader who worked tirelessly to improve the justice system and how it treated people as they navigated its often-difficult pathways.

Mullarkey was born and raised in New London, Wisconsin. She initially studied mathematics at St. Norbert College, a small liberal arts college in the Green Bay area. Concluding that she would never be as mathematically inspiring as her favorite teacher, she decided to give the LSAT a shot. She received the highest score in her college’s history and was accepted into Harvard Law School. Having grown up with four brothers, Mullarkey was not intimidated by the prospect of being one of a handful of women in her law school class. She graduated from Harvard Law in 1968—the same year that witnessed the assassinations of Robert F. Kennedy and Martin Luther King Jr.

Mullarkey’s career started in the US Department of the Interior, Office of the Solicitor, where she represented federal agencies in water, environmental, and civil rights cases. She met her husband, attorney Tom Korson, through their work in Washington, D.C. Yearning for adventure and a change of scenery, the couple headed west to Colorado in 1971. Unlike many states at the time, Colorado did not have a statute or constitutional provision that confined the practice of law to men.

Mullarkey’s expertise in race and gender discrimination cases earned her a position at Denver’s Equal Employment Opportunity Commission Office in 1973. From there, she transitioned to the role of solicitor general in the Attorney General’s Office, serving as lead counsel for the state in major appellate cases from 1975 to 1982. The birth of her son, Andrew, made her life all the more rewarding. She then went on to work as Governor Richard Lamm’s only legal advisor until 1985, when she took a sojourn in private practice.

In 1987, Mullarkey was appointed to the Colorado Supreme Court by Governor Roy Romer, becoming only the second woman to serve on that Court. (Her mentor and fellow Harvard Law grad Jean Dubofsky preceded her on the Court.) In 1998, she was selected by her fellow justices to serve as chief justice. She was the first woman to serve in that role and was the longest-serving chief justice in Colorado history.

During her tenure on Court, Chief Justice Mullarkey participated in the resolution of more than 32,000 cases and authored 472 opinions, including 382 majority opinions, 52 dissents, and 38 concurrences. Among the most notable was her 2002 opinion regarding the Taylor Ranch litigation (Lobato v. Taylor), which held that descendants of Mexican homesteaders in the San Luis Valley should have access to the 83,000-acre Cielo Vista Ranch for grazing and harvesting timber and firewood.

Chief Justice Mullarkey also oversaw a wide range of innovations and improvements to Colorado’s court systems, both inside and outside the courtroom. She strengthened the Judicial Branch’s ability to withstand and recover from budget setbacks, called on court personnel to make the operations of the Judicial Department more consumer-friendly, encouraged judges to become more involved in their communities, and resolutely sought to improve diversity in the legal profession. She also spearheaded the decade-long effort to replace the old and inadequate seat of the Colorado Judicial Branch with the Ralph L. Carr Colorado Judicial Center. It was her idea to name the building after Carr, the governor of Colorado who opposed the forced internment of Japanese-Americans during World War II.

Chief Justice Mullarkey retired from the Court on November 30, 2010, stating a desire to spend more time with her family, specifically her new grandchild. While she had been diagnosed with multiple sclerosis many years earlier, her health had never affected her ability to do her job. In 2017 she was honored with the CBA Award of Merit, the association’s highest honor.

In her personal life, Mullarkey was a patron of the arts, a book club attendee, and a fan of music. She is survived by her husband Tom Korson, son Andrew Korson, daughter-in-law Emily Korson, and two granddaughters.

Editor’s Note: To read more about Chief Justice Mullarkey’s remarkable career, see Volz, “A Conversation with CBA Award of Merit Recipient Justice Mary J. Mullarkey,” 46 Colo. Law. 13 (Feb. 2017), which was the source of much of this information.

 

Gregory Kellam Scott

July 30, 1943–March 31, 2021

Colorado’s legal community suffered an enormous loss with the passing of former Justice Gregory Kellam Scott, a pioneer who leaves an important legacy. Justice Scott was the first Black person appointed to the Colorado Supreme Court and remains the only Black person to have served as a justice in Colorado.

Scott graduated from Rutgers University in 1970 from its College of Agriculture and in 1971 from its Graduate School of Education. He graduated with honors from Indiana University Law School. He began his legal career as an attorney with the US Securities and Exchange Commission in Denver and then spent over a decade teaching at the University of Denver Law School, where he was a role model for hundreds of diverse law students. He went on to establish a nationwide practice representing minority-owned and other small business firms.

Governor Roy Romer appointed Scott to the Colorado Supreme Court in 1992. During his time on the Court, Justice Scott authored several precedent-setting opinions, including a concurrence in the landmark case Evans v. Romer, which invalidated Amendment 2, a voter initiative that prevented local governments from enacting ordinances prohibiting discrimination based on sexual orientation. He also authored the opinion for Hill v. Thomas, a landmark case in which the Court upheld legislation that allowed a buffer zone around anyone entering or exiting healthcare facilities to avoid violence by picketers.

Justice Scott resigned from the Court in 1999. Upon leaving the Court in 2000, he served as vice president and general counsel of Kaiser-Hill L.L.C., the company that cleaned up the former Rocky Flats nuclear weapons plant in Jefferson County. He and his wife Carolyn returned to Indiana following their time in Colorado, and he was appointed executive director of the Indiana Civil Rights Commission in 2005.

Among his many accomplishments, Justice Scott dedicated significant time and effort to organizations including the NAACP, Urban League, and Sam Cary Bar Association to improve diversity and inclusion throughout society. He was inducted into the Blacks in Colorado Hall of Fame and the Rutgers University Hall of Distinguished Alumni. He also received an Honorary Doctor of Laws degree from DU.

 

Roger Edward Stevens

November 7, 1929–February 7, 2021

The Boulder legal community lost one of its true Renaissance men with the passing of Roger E. Stevens on February 7, 2021. Roger loved learning and did so until his last day.

Roger graduated from the University of California Los Angeles cum laude as an English major in 1951, attended the University of Colorado Law School, and then practiced law in Boulder County for more than 60 years. He grew to be an accomplished lawyer in areas as diverse as property rights and title searches, oil and gas, real estate, mining/water law, bankruptcy, estate planning, constitutional law, labor law, tax, murder cases, family law, aviation wrongful death cases, and ACLU volunteer legal work. He was brilliant and blessed with a photographic memory.

Roger was fiercely independent and liked to march to the beat of his own drum. He hired female lawyers when others discriminated. He became a lawyer to help people and believed if you did a good job, clients took care of you. He embraced kindness to all. Roger was paid in kind by clients who could not afford his services, including with cords of wood, bales of hay, and goose eggs (literally). Such was the practice of law in Boulder from the 1950s through the 1970s.

Roger excelled as a pianist extraordinaire and a guitarist, and he sang. He was a fifth-degree black belt and Judo Sensei who competed for a position on the US Olympic team, and a gymnast (eager to teach handstands to all). He studied and practiced Jin Shin Jyutsu therapy, meditated, and embodied the Sufi smile. Roger traveled to Argentina to dance tango and loved to folk dance locally. He studied Hebrew, Arabic, Portuguese, Spanish, Japanese, and Gaelic. He was an amateur poet and loved Irish limericks, and he could recite “Jabberwocky” by heart. Roger also and owned and rode an enviable motorcycle collection. He lived and played in the mountains, and the outdoors was his sanctuary. He loved to swim and was an avid hiker, cross-country skier, and environmentalist. Roger embraced friends and partners, loved his family, and cherished more than anything his beloved wife, Philomena.

Roger will be missed by the numerous lawyers who worked with him, his former partners, and the numerous attorneys throughout the Boulder Community who cherished him. Roger loved Sufi wisdom; one of his favorite bits was: “I want to sing like the birds sing, not worrying about who hears or what they think.”