By Associated Press - Saturday, January 25, 2014

DENVER (AP) - Some legal experts are criticizing Colorado’s Supreme Court and Court of Appeals after four blue and orange “Go Broncos” banners costing $3,200 were hung from the columns of the courts’ building in downtown Denver.

William Brunson, director of special projects at the National Judicial College in Reno, Nev., told The Denver Post (https://bit.ly/MbtGrA ) that judges should be hyperaware of appearing unbiased, and the banners could create a conflict of interest if a case involving the Broncos corporation or a player ever appeared before the court.

“You are looking at this situation two ways,” Brunson said. “Of course the justices want to support anything that beneficially impacts the state, but can they be advocates for that? That’s the question.”

But Rob McCallum, a spokesman for the Colorado Judicial Branch, told The Post that support for the Broncos doesn’t factor into interpretation of the law.

“I think we, like anyone in Colorado, are very partial to the Broncos winning the Super Bowl,” he said. “But when it comes to a matter of law, that is a completely different story.”

He added that past cases involving both the Broncos as a business, and individual players, have shown that neither received any kind of favor.

Robert Giacalone, who teaches business and legal ethics at the University of Denver, said there is a gray area between a government agency endorsing the Broncos as a business, or cheering on the team.

“I cannot imagine that the court system, because they are placing a banner out front, is going to change any of its positions as a result of supporting the Broncos for the Super Bowl,” Giacalone said.

Brunson agreed that banners don’t indicate the justices are biased, but he said there is no legal test to decide between team spirit and a business endorsement. The issue, he said, is not whether the justices are biased, but whether those who may appear before the court in a Broncos-related case feel they have a fair shot.

Newly appointed Chief Justice Nancy Rice approved the banners, which were hung before the Broncos’ AFC championship win over the New England Patriots.

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Information from: The Denver Post, https://www.denverpost.com

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