Colorado AG won't be barred from defending state in ex-watchdog's whistleblower claims

DENVER (CN) — A federal magistrate judge on Monday rejected a former judicial ethics official's request to disqualify the Colorado attorney general's office from defending the state against his claims of covering up a misconduct scandal.

"Since plaintiff filed his complaint in October 2025, this case has struggled to move forward in a substantive way. The parties have been mired in discussions and motion practice related to disqualification of judges," wrote U.S. Magistrate Judge Gwynne Birzer in an 18-page opinion.

Christopher Gregory, former executive director of the Colorado Commission on Judicial Discipline, filed a federal lawsuit against the commission, along with the state governor, Supreme Court justices and attorney general in October. The complaint concerns a financial scandal involving Mindy Masias, a former chief of staff at the State Court Administrator's Office.

Gregory claims that the trouble began in 2019 when Masias was facing termination over financial problems. He asserts state auditors found Masias and another official were collecting speaking and consulting fees while on state time and approved an unusually large separation settlement to an employee with knowledge of damaging information against them.

Gregory said that auditors found officials attempting to ensure Masias would be granted a $2.66 million to $2.75 million contract for training services as she departed her job — reportedly to prevent a discrimination lawsuit. The contract was later cancelled after media reporting, and no payment was made to Masias.

In the lawsuit, Gregory said he was removed from his position after trying to hold the Supreme Court justices accountable. In litigating the lawsuit, Gregory has questioned judges' impartiality and asked that the state attorney general's office be disqualified from defending the state defendants.

On its fifth federal judge in six months, the case is currently assigned to George H.W. Bush-appointed Senior U.S. Judge Kathryn Vratil, from the nearby U.S. District Court for the District of Kansas, aided by Birzer.

In efforts to attain a "conflict-free federal law enforcement," Gregory had argued the state attorney general's office should step down from defending the state defendants, to avoid conflicts of interest and to be available to be called as witnesses.

"It is clear to the court plaintiff has endeavored to use every tactical device available to him as leverage to disqualify defense counsel," Birzer wrote.

Birzer not only failed to find a conflict of interest, she found that the Colorado Office of the Attorney General is required to defend the state.

"The court finds it is not a conflict of interest for the COAG to represent defendants though the COAG is obligated to investigate and prosecute allegations of civil rights violations, public fraud, false claims, and other forms of official misconduct," Birzer wrote. "Where the court finds no basis for disqualification of defense counsel of record, there is, of course, no basis to disqualify the COAG office as a whole.

Gregory also raised the question in state court, filing a petition on April 16 asking a state judge to order the Colorado State Auditor to appoint a special assistant attorney general to investigate whistleblower claims, preferably from another state, "capable of impartially representing the interests of the State of Colorado."

The federal case was initially assigned to Joe Biden-appointed U.S. Judge Regina Rodriguez last October. When Rodriguez recused herself from the case in a minute order, it passed onto Donald Trump-appointed U.S. District Judge Daniel Domenico. At Gregory's request, Domenico recused himself due to connections from his former career as a solicitor general for Colorado, although the judge maintained his ability to remain impartial in a case.

In February, Senior U.S. District Judge R. Brooke Jackson, appointed by Barack Obama, exercised his seniority to pass the hot potato on to Joe Biden-appointed U.S. District Judge Gordon Gallagher who presided over the case just over a week before it went to Vratil with permissiom from the U.S. District of Colorado's then-Chief Judge Philip A. Brimmer, who was appointed by George W. Bush.

Gregory is representing himself on the case with civil rights attorney Ingrid Defranco.

A spokesperson for the Colorado Attorney General's Office declined to comment on the development.