UNITED STATES COURT OF APPEALS August 9, 2022

Christopher M. Wolpert FOR THE TENTH CIRCUIT Clerk of Court _________________________________

JESSICA PECK,

Plaintiff - Appellee,

v. No. 21-1125

BETH MCCANN, in her official capacity as the District Attorney of the Second Judicial District, State of Colorado,

Defendant - Appellant,

and

MICHELLE BARNES, in her official capacity as Executive Director of the Colorado Department of Human Services,

Defendant.

------------------------------

OFFICE OF THE CHILD REPRESENTATIVE; DENVER HUMAN SERVICES; LARIMER COUNTY HUMAN SERVICES,

Amici Curiae.

–––––––––––––––––––––––––––––––––––

JESSICA PECK,

Plaintiff - Appellee, No. 21-1127 v. Appellate Case: 21-1125 Document: 010110722208 Date Filed: 08/09/2022 Page: 2

MICHELLE BARNES, in her official capacity as Executive Director of the Colorado Department of Human Services,

Defendant - Appellant,

and

BETH MCCANN, in her official capacity as the District Attorney of the Second Judicial District, State of Colorado,

Defendant.

------------------------------

OFFICE OF THE CHILD REPRESENTATIVE; DENVER HUMAN SERVICES; LARIMER COUNTY HUMAN SERVICES,

Amici Curiae. _________________________________

Appeal from the United States District Court for the District of Colorado (D.C. No. 1:19-CV-03450-RBJ) _________________________________

Bianca E. Miyata, Assistant Solicitor General, Denver, Colorado, and Kendra K. Smith, Hall & Evans LLC, Denver, Colorado (Philip J. Weiser, Attorney General; Anita M. Schutte, Second Assistant Attorney General; Aaron J. Pratt and Leeah B. Lechuga, Assistant Attorneys General, State of Colorado, Department of Law, Denver, Colorado; and Andrew D. Ringel, Hall & Evans LLC, Denver, Colorado, with them on the briefs), for Defendants-Appellants.

Thomas B. Kelley (David A. Lane, with him on the briefs), Killmer, Lane & Newman, LLP, Denver, Colorado, for Plaintiff-Appellee.

Anna Ulrich, Crestone, Colorado filed an Amicus Curiae brief for the Office of the Child Representative, on behalf of Appellants.

2 Appellate Case: 21-1125 Document: 010110722208 Date Filed: 08/09/2022 Page: 3

Amy J. Packer and Robert A. Wolf, Assistant City Attorneys, Denver, Colorado, filed an Amicus Curiae brief for Denver Human Services, in support of Appellants.

David P. Ayraud, Fort Collins, Colorado, filed an Amicus Curiae brief for Larimer County, on behalf of Appellants. _________________________________

Before MATHESON, EBEL, and PHILLIPS, Circuit Judges. _________________________________

EBEL, Circuit Judge. __________________________________

Plaintiff-Appellee Jessica Peck is an attorney who represents parents and other

family members in child abuse cases in Colorado juvenile courts. She brought this

suit against Defendant-Appellants, Colorado Executive Director of Health Services

Michelle Barnes and Second Judicial District Attorney Beth McCann, to challenge

the constitutionality of § 19-1-307 (“Section 307”) of the Colorado Children’s Code

Records and Information Act (“Children’s Code”). Section 307 requires that child

abuse records and reports be kept confidential, and has two separate subsections—

Section 307(1) and Section 307(4)—that impose penalties upon those who

impro

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