Elisabeth Epps, Bob Marshall removed from Colorado House Judiciary Committee by speaker

House Speaker Julie McCluskie on Wednesday made the extraordinary decision to remove two members of her Democratic caucus with whom she has clashed — Elisabeth Epps and Bob Marshall — from the House Judiciary Committee, one of the most influential and prestigious panels in the Colorado legislature.

“Serving on a member’s top choice of committee is a privilege — not a right,” McCluskie, D-Dillon, said in a written statement to The Colorado Sun. “I took this step to address frustrations that the Judiciary Committee needed a reset due to the level of acrimony in the personal relationships on the committee and to help deliver the progressive outcomes our caucus is looking for. My decisions on where to appoint members depend on their respect of their colleagues, ability to collaborate and adherence to decorum, which was clearly violated during our special session last month.”

McCluskie’s comment referred to how Epps interrupted the chamber’s proceedings on the final day of the special session on property tax and other financial relief as she called for a ceasefire in the Israel-Hamas war. 

Epps left the House floor and joined pro-Palestinian protesters in the chamber’s gallery before proceeding to shout during a speech delivered by Republican Rep. Ron Weinberg, who is Jewish, responding to Epps’ comments about the conflict. The outburst prompted a long recess before Weinberg continued his remarks. 

Epps said Weinberg had earlier directed an expletive at her during her remarks in support of Palestinians and in opposition to the Israeli military’s response to the Oct. 7 attacks. Weinberg denies that allegation.

Epps also posted on social media that she had shouted “shame on you” to Judiciary Committee Chairman Mike Weissman, D-Aurora, in a parking garage on the night before the special session ended.

In July, Epps and Marshall, of Highlands Ranch, sued McCluskie, Republican leadership in the House and the chamber’s GOP and Democratic caucuses, alleging “pervasive” violations of the state’s open meetings. The lawsuit claimed the caucuses didn’t properly provide notice of meetings and that representatives illegally used a disappearing messaging application to discuss legislative business. 

The lawsuit was settled in September.

Colorado state Reps. Elisabeth Epps, of Denver, left, and Bob Marshall, of Highlands Ranch, left.

In addition to removing Epps and Marshall from the House Judiciary Committee, McCluskie removed Rep. Lindsey Daugherty, D-Arvada, from the panel. Daugherty, who is running for a state Senate seat in 2024, asked to be taken off the committee to focus more on her work chairing the chamber’s health committee.

Epps, Marshall and Daugherty were all trained as lawyers.

Democratic Reps. Leslie Herod, Javier Mabrey and Judy Amabile were appointed to fill the vacant spots on the Judiciary Committee. Herod has advocated criminal justice reforms in the past and previously served on the Judiciary Committee, while Mabrey is an eviction defense lawyer. Amabile has worked on the intersection of mental health and the criminal justice system.

Epps remains on the State, Civic, Military and Veterans Affairs Committee while Marshall will continue serving on the Finance Committee.

McCluskie declined to comment further on the House Judiciary changes, saying “I’d like for my appointments to speak for themselves.”

The Judiciary Committee changes come as part of a broader shuffling of committee assignments in the House after the recent departures of Democratic Reps. Ruby Dickson of Greenwood Village, who resigned; Dafna Michaelson Jenet of Commerce City, who was appointed to a state Senate seat; and Serena Gonzales-Gutierrez, who was elected to Denver City Council.

“Committees are critical to the legislative process and where so much of our work gets done,” McCluskie, a Dillon Democrat, said in a written statement announcing the changes. “With session just around the corner, these committee assignments lay the groundwork to continue doing the work Coloradans elected us to do.”

In other committee news, McCluskie combined the House Health and Insurance Committee with the Public and Behavioral Health and Human Services Committee to create a single Health and Human Services Committee.

McCluskie on Wednesday also appointed Rep. Tim Hernández, a Denver Democrat who was appointed to fill Gonzales-Gutierrez’s seat, to the Health and Human Services Committee. McCluskie appointed Rep. Manny Rutinel, a Commerce City Democrat appointed to fill Michaelson Jenet’s seat, to the Energy and Environment and State, Civic, Military and Veterans Affairs committees. 

Dickson’s replacement will be selected by a vacancy committee on Jan. 3. 

This is a developing story that will be updated.