Colorado Magistrate Judge Craig Shaffer (Photo: Tim Eigo) Colorado Magistrate Judge Craig Shaffer (Photo: Tim Eigo)

 

The family of U.S. Magistrate Judge Craig Shaffer of the District of Colorado announced today that the pioneer for e-discovery in the judiciary passed away over the weekend, as reported by The Sedona Conference.

Shaffer had been a member of the federal bench since 2001. During that time, he was an active member of the e-discovery community, publishing a number of widely read articles on e-discovery topics and serving on the U.S. Judicial Conference's Advisory Committee on Civil Rules since October 2014. He also was behind a number of key e-discovery rulings including Cache La Poudre Feed v. Land O' Lakes, a 2007 case that analyzed the duty to monitor IT under Rule 26(g), and Western Convenience Stores v. Suncor Energy, a 2014 case that cited the Cooperation Proclamation in considering an award of costs incurred in responding to a Rule 45 subpoena.

After being diagnosed with glioblastoma, a form of brain cancer, in October 2017, Shaffer retired from the federal bench in June 2018. He is survived by his wife, Kathleen Nalty, and their two sons, Ryan and Nick. The family plans for a celebration of life service at Mile High Station in Denver on Monday, December 17. More information as needed can be found at The Sedona Conference's website. Donations in honor of Shaffer can be sent to the Denver Urban Debate League, a nonprofit supporting inner-city youth through speech and debate, located at the University of Denver Sturm College of Law.

Known as one of the first judges to wholly embrace e-discovery, Shaffer was a regular fixture at e-discovery panels and lectures, particularly in academic settings such as Georgetown Law School's Advanced E-Discovery Institute, where he served on the advisory board. He also conducted presentations at the Sedona Conference Institute, the Federal Judicial Center, BNA, the ABA, the Sandra Day O'Connor College of Law, and the Institute for the Advancement of the American Legal System (IAALS), per his Colorado State Bar biography.

For The Sedona Conference, Shaffer was also a regular author, with his articles including “The 'Burdens' of Applying Proportionality” (Fall 2015) and “'Defensible' by What Standard?” (Fall 2012). His most recent article concerning Sedona Principle 6, “Deconstructing 'Discovery About Discovery,'” was partially completed from his hospital bed in time to be included with the latest edition of the Sedona Principles. He also was a member of Sedona's Working Group 1 meetings and a member of the faculty of three Sedona Conference Institute programs.

Ariana Tadler, co-chair emeritus of Working Group 1, said in The Sedona Conference's memoriam, “Craig left an indelible mark in the hearts of many. He also blessed us with his keen intellect and so many contributions to the law. I know that we all will miss him.” Tom Allman, also co-chair emeritus of Working Group 1, added, “Craig was special indeed. And he made us feel special, too. His scholarship and common sense lives on.”

Shaffer also worked as an educator, spending 14 years as an adjunct faculty member with the University of Denver Sturm College of Law.

Shaffer graduated from the College of William and Mary in 1976 and received his juris doctor cum laude from Tulane University's School of Law in 1979. From law school, he went to the Navy, serving as both prosecutor and defense in felony court martials, stationed in Naples, Italy, and later with the U.S. Court of Military Appeals. From there, Shaffer spent eight years with the U.S. Department of Justice in a variety of roles, then ten years in private practice with Dufford & Brown and Moye Giles O'Keefe Vermeire before being appointed to the bench.

His work in this wide variety of fields led to a number of accolades throughout his career. Most recently, this includes winning the most recent Hon. Shira Scheindlin Lifetime Achievement Award at the 2018 Corporate E-Discovery Hero Awards for advancing the practice of e-discovery.