Appeals Court Vacates Tina Peters’ Nine-Year Sentence, Remands to Original Judge – Critics Demand Recusal and Immediate Clemency
- Rex Ballard
- 3 hours ago
- 3 min read
In a unanimous 3-0 decision yesterday, the Colorado Court of Appeals threw out former Mesa County Clerk Tina Peters’ nine-year prison sentence, ruling that the original judge improperly factored in her protected First Amendment speech about 2020 election concerns. Her felony convictions were upheld, but the case is now remanded for resentencing — back to the very same judge who imposed the original term.
Tina Peters at trial
Legal observers and Peters’ supporters call this remand highly inappropriate. District Judge Matthew Barrett — who at sentencing called Peters a “charlatan” and “snake oil saleswoman” while citing her ongoing public statements — cannot be expected to deliver impartial justice now.
Judge addresses Peters during sentencing | Western Colorado | gjsentinel.com
The defense sought a new judge; the appeals court sent it right back to him anyway. Recusal is clearly warranted to avoid repeating the constitutional error the higher court just flagged.
Peters, a 70-year-old first-time non-violent offender, has already served about 1.5 years (roughly 540 days) behind bars in Pueblo. She remains incarcerated pending the new hearing.
This is the right time for Governor Jared Polis to step in.
Candidate and now Governor Jared Polis, Democrat, On The Record | Colorado Public Radio
With the sentence officially vacated and the case in limbo, Polis has a golden opportunity — and many argue a moral obligation — to commute her sentence to time served. That single act would secure her immediate release, end expensive litigation, and correct what appears to be disproportionate punishment in a politically charged case. Polis has previously called the original term an “obvious outlier.”
The contrast with recent cases is stark. Just weeks ago, former Democratic State Senator Sonya Jaquez Lewis was convicted of the exact same statute —attempting to influence a public servant — plus forgery felonies. In the case of Jaquez Lewis, she attempted to influence five (5) separate individuals but was tried on only one (1) single count. Whereas for Peters, each person she allegedly attempted to influence was charged as a separate crime. Jaquez Lewis received zero jail time: only probation, community service, and a fine (waived with extra service). No prison.
Peters’ convictions arose from her 2021 decision, as clerk, to allow the examination of election equipment amid concerns over 2020 irregularities. The appeals court ruled her post-election statements could not be used to lengthen her punishment.
District Attorney Dan Rubinstein plans to seek a similar sentence at resentencing; defense attorney John Case will push for full credit for time served and release. Further appeal to the Colorado Supreme Court is possible.
Peters’ supporters, including President Trump, have long argued she was targeted for her beliefs. With the sentence tossed and the Lewis disparity now undeniable, Governor Polis faces a defining moment. Commuting to time served would affirm equal justice under the law — regardless of politics or viewpoints expressed.
The case highlights ongoing debates over election-security prosecutions, free speech, and fair sentencing. Developments on resentencing and potential clemency are expected soon.
Concise List of Sources:
Colorado Court of Appeals ruling coverage: Denver7
Full appeals decision & analysis: 9NEWS
Sonya Jaquez Lewis sentencing (no jail time): Denver DA Office
CBS Colorado on Peters resentencing:
AP via Yahoo: Court orders resentencing
Photos: Denver7, Grand Junction Sentinel, Colorado Public Radio
