Eid appointed to Supreme Court

Gov. Owens calls her conservative and a 'strict constructionist'

David Montero, Rocky Mountain News

Published February 16, 2006 at midnight

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When he was 19, Troy Eid learned over dinner in San Francisco that his wife-to-be had lofty legal ambitions.

"It was our very first date in the fall of 1984 and I was at Stanford and she had just transferred in," Eid said. "I asked her at the time what she wanted to do, and she said she'd like to do some clerking for a Supreme Court justice, be a law professor, an appellate court judge . . ."

Eid paused.

"I didn't even know what clerking was," he said.

After 16 years of marriage, he now not only knows what that is, but law students will soon be clerking for his wife.

Gov. Bill Owens appointed Allison Eid to the Colorado Supreme Court on Wednesday morning at a formal ceremony in his office. Standing with her husband and two children - Alex, 10, and Emily, 4 - the 41-year-old alternately blushed, smiled and seemed to be on the verge of tears during her 20-minute press conference.

The near-tears moment came when she spoke about her mother, Janney Hartwell, who stood along the side wall. Eid said she and her sister were raised by her mom - Eid's father disappearing when she was 10. Her mother's eyes glistened, too, as Eid talked about how they made it on the tight pay of odd jobs around eastern Washington.

"She raised two daughters by herself," Eid said. "Having two children of my own now, I have had just a glimpse of what a monumental task that was - one she accomplished with grace, good humor and determination."

Eid is the 95th person to serve as a Colorado Supreme Court justice, replacing Rebecca Love Kourlis - who resigned in January. Owens didn't mince words when he explained why he chose Eid.

"I did want to appoint a conservative, and I've done so," Owens said.

Her résumé suggests as much.

Between 1993 and 1994, she clerked for U.S. Supreme Court Justice Clarence Thomas, and a year before that, she clerked for Judge Jerry E. Smith, a Ronald Reagan-picked Republican who sat on the Fifth Circuit U.S. Court of Appeals. Recently in Colorado, she served as the chief legal officer for Attorney General John Suthers, also a Republican.

She has published papers about, and she speaks regularly on, an issue near and dear to many Republicans - tort reform.

Her husband also used to be Owens' chief legal counsel. He is currently running for a seat on the University of Colorado Board of Regents.

U.S. Sen. Ken Salazar, who once referred to Justice Thomas as an "abomination," issued a short statement about Eid's appointment through his spokesman Cody Wertz.

"I know Allison Eid as a friend and legal scholar," Salazar's statement said. "I am hopeful she follows in the great tradition of Justice Kourlis."

Kourlis was an appointee of Democratic Gov. Roy Romer and was generally considered to be a moderate conservative.

But Owens said that while he wanted a conservative on the bench - he classified all three finalists as conservative - he also said he wanted a "strict constructionist."

The other two finalists were two state Court of Appeals judges - Russell Carparelli and John Dailey.

Eid said little about politics during Wednesday's announcement, instead zeroing in on general statements about her values.

In addition to working as the solicitor general for the state, she has served as a law professor at the University of Colorado Law School since 1998. The school's dean, David Getches, said she was popular with students and always seemed to have someone in her office whose career she was trying to help advance.

"She never seems to turn down a student looking for help," he said. "It's not that she's not busy, either. She's got a challenge with two little kids and her husband with a high-powered job. She's a mom and a professional."

Not everyone is happy with the appointment, however.

"My primary concern is going to be on issues like the death penalty, search and seizure and the rights of the accused," said Democrat Jeralyn Merritt, a criminal defense attorney. "She certainly has qualifications, but to me it just seems like (Owens) is awarding people who are part of his administration."

But Eid spoke about an independent streak born of being a "true Westerner." Her husband said that's not a stretch, either.

Coming from a small, tightknit family that included her mom, sister and great uncle, Dave Farnsworth - a man in his 90s who lives in a house with no phone, uses a windmill to generate power and who hunts for his own food - Troy Eid said it's not hard to see how that's influenced her life.

"On the application where it asks for hobbies, she put down reading fiction and travel," Eid said. "She doesn't have time for hobbies. Like many women who are successful, she works very hard. She's always been like that. Very driven."

Eid's appointment is effective immediately. Her initial term is provisional for two years. After that, she must stand retention for an additional 10 years. Eid's salary will be $119,739.

About the appointee

• Age: 41

• Education: Graduated from University of Chicago Law School, 1991; undergraduate degree in American studies from Stanford University, 1987

• Career history: Since August 2005 has served as chief legal officer for the Colorado attorney general while on leave from University of Colorado Law School, where she had been a law professor since 1998; clerked for U.S. Supreme Court Justice Clarence Thomas, 1993-94

• Personal information: Married to Troy Eid, former legal counsel to Gov. Bill Owens; the couple have two children, Alex and Emily

Colorado Supreme Court basics:

• Seven justices make up the court

• Associate justice salary, $119,739; chief justice makes $122,352

• The governor appoints justices to the court, but a statewide 15-member judicial nominating commission interviews applicants and recommends three finalists for the governor's consideration.

monterod@RockyMountainNews.com or 303-892-5236

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