How a Judge in Colorado is Chosen

By

Ever wonder how a judge in Colorado is selected? Colorado’s judicial system employs a “merit-based” process for selecting judges that involves both appointments and elections (called a “retention” vote). This system aims to ensure that judges not only are qualified for their positions but also are accountable to the public. Colorado has four layers of judges ranging from County Court judges up to the justices of the Colorado Supreme Court.

Colorado Judicial Districts

Colorado is divided into 22 judicial districts, each serving one or more counties. These districts are the primary trial courts of the state and are where most cases begin. Each Colorado judicial district includes a District Court and a County Court.  Overseeing the judicial districts are Colorado’s Court of Appeals and Colorado’s Supreme Court.

Colorado Judicial Nominating Commissions

In 1966, Colorado adopted a constitutional amendment transitioning from electing judges on a political basis to appointing them based on qualifications, as determined by “judicial nominating commissions.” This system is designed to enhance the quality and impartiality of the judiciary.

Structure of Judicial Nominating Commissions

Colorado’s system includes three main types of commissions: the Supreme Court Nominating Commission and several judicial district nominating commissions, one for each of Colorado’s 22 judicial districts.

Supreme Court Nominating Commission

This commission is responsible for selecting nominees for the Colorado Supreme Court and the Court of Appeals. It is chaired by the Chief Justice of the Colorado Supreme Court, who serves in a non-voting capacity. The commission is composed of:

  • One lawyer and one non-lawyer from each of the state’s seven congressional districts,
  • One additional non-lawyer from anywhere in the state.

The makeup of the commission ensures no more than a simple majority of members belong to the same political party, promoting non-partisanship.

Judicial District Nominating Commissions

Each of Colorado’s 22 judicial districts has its own nominating commission responsible for district and county judicial vacancies. These commissions are also chaired by a justice of the Supreme Court or a designated judge, serving as a non-voting member. The composition depends on the population of the district:

  • Districts with more than 35,000 people have three lawyers and four non-lawyers.
  • Smaller districts vary in the number of lawyers, based on decisions made by the governor, attorney general, and chief justice.

Each commission ensures a balanced representation from each county within the district and maintains political diversity, with no more than four members from the same political party.

The Nomination Process

When a judicial vacancy arises, the appropriate nominating commission has 30 days to recommend candidates to the governor of Colorado who then appoints the new judge. The process involves reviewing written applications, recommendations, and conducting personal interviews to assess the qualifications and suitability of each candidate. For the Supreme Court and Court of Appeals, three nominees are submitted to the governor; for district and county vacancies, two or three names are submitted. Upon receiving the nominations, the governor has 15 days to appoint a judge from the provided list. 

County Court Judges

County Court Selection Process

County court judges in Colorado are chosen through a merit selection process. The judicial nominating commission evaluates candidates and submits a shortlist to the governor, who then appoints a judge from this list. After serving a provisional term of two years, these judges must stand for retention in general elections to continue serving four-year terms.  

County Court Role and Jurisdiction

County court judges handle misdemeanor cases, traffic infractions, preliminary hearings in felony cases, and civil cases with claims up to $25,000. They also deal with small claims cases, which are civil actions involving $7,500 or less. Their role is pivotal in managing the volume of more routine legal matters, providing a crucial service in the judicial landscape of Colorado.

District Court Judges

District Court Selection Process

The selection process for district court judge selection mirrors that of county court judges, involving a judicial nominating commission and appointment by the governor. These judges also serve an initial two-year term, followed by retention elections for six-year terms.

District Court Role and Jurisdiction

District courts are trial courts of general jurisdiction in Colorado. These judges handle a broader range of cases than county courts, including civil claims over $25,000, divorce proceedings, custody disputes, felony criminal cases, and juvenile matters. District court judges are fundamental in overseeing significant legal disputes and impacting a wide array of judicial outcomes.

Court of Appeals Judges

Court of Appeals Selection Process

Judges on the Colorado Court of Appeals are appointed through the same merit selection process. After being nominated by a commission, they are appointed by the governor and serve a provisional two-year term before a retention election for an eight-year term.

Court of Appeals Role and Jurisdiction

The Colorado Court of Appeals acts as an intermediate appellate court, reviewing decisions from the district courts to ensure legal principles were correctly applied. They handle appeals on a wide variety of issues, providing a critical check on the legal interpretations of lower courts and ensuring consistency across the judicial system.

Colorado Supreme Court Justices

Colorado Supreme Court Selection Process

Justices of the Colorado Supreme Court are selected through the merit selection system, requiring nomination, gubernatorial appointment, and retention elections. After their initial two-year term, they face retention votes for subsequent ten-year terms.

Colorado Supreme Court Role and Jurisdiction

As the highest court in the state, the Colorado Supreme Court has discretionary appellate jurisdiction over cases transmitted from lower courts, including direct appeals from the appellate courts, and certain types of appeals from district courts. This court also provides the final interpretation of state laws and the Colorado Constitution, playing a critical role in shaping the legal precedent within the state.

Terms and Retention

Judges appointed through this process serve an initial probationary term of two years, after which they must stand for retention in a general election. In order to be retained, a Colorado judge must receive at least 50% of the votes in support of retention.  If retained, they serve set terms based on their court level:

  • County Court Judges: Four years,
  • District Court Judges: Six years,
  • Court of Appeals Judges: Eight years,
  • Supreme Court Justices: Ten years.

All judges in Colorado are required to retire by the age of 72, ensuring periodic rejuvenation of the judiciary.

This merit-based appointment system underscores Colorado’s commitment to maintaining a qualified, impartial judiciary by minimizing political influence and focusing on the legal credentials and ethical standards of judges.

Colorado Judicial Performance Commissions

While the retention vote allows Colorado voters a true hand in deciding its judges, how does a voter learn about a particular judge in which they are asked to retain (or not)? Colorado has established Judicial Performance Commissions as part of its efforts to ensure the quality and effectiveness of its judiciary. These commissions evaluate the performance of judges and provide voters with information to help them make informed decisions during judicial retention elections. Here’s an overview of how the Colorado Judicial Performance Commissions operate:

Structure of the Judicial Performance Commissions

Colorado’s system includes two levels of Judicial Performance Commissions: the State Commission on Judicial Performance and 22 local Judicial District Performance Commissions, one for each judicial district.

State Commission on Judicial Performance

The State Commission oversees the evaluation process for judges at the appellate level, which includes the Colorado Supreme Court and the Colorado Court of Appeals. This commission consists of:

  • Ten members appointed by the governor, the Chief Justice of the Colorado Supreme Court, the Senate President, and the Speaker of the House.
  • An equal number of attorneys and non-attorneys.
  • A balance to ensure no more than half of the commission plus one member can be from the same political party.

Local Judicial District Performance Commissions

Each of the 22 judicial districts in Colorado has its own Performance Commission responsible for evaluating the district and county judges within that district. These commissions are similarly composed of:

  • Ten members, with a mix of attorneys and non-attorneys.
  • Members are appointed ensuring political balance and a mix of legal and lay perspectives.
  • They reflect the demographics and needs of the local community.

Evaluation Process

Judicial Performance Commissions conduct evaluations based on several criteria:

  • Legal knowledge and ability.
  • Communication skills.
  • Judicial temperament.
  • Administrative performance.
  • Service to the legal profession and the public.

The evaluation process includes:

  • Reviewing decisions and opinions written by the judge.
  • Surveys distributed to attorneys, jurors, litigants, and court staff who have interacted with the judge.
  • Personal observations of the judges in the courtroom.
  • Self-evaluation completed by the judges.
  • Interviews with the judge conducted by the commission.

Reporting and Recommendations

After completing their evaluations, commissions prepare narrative reports and issue recommendations on whether a judge should be retained, not retained, or whether no opinion can be formed due to insufficient information. These recommendations are made available to the public and are intended to provide voters with clear, objective assessments to guide their decisions in retention elections.

Purpose and Impact

The primary purpose of the Judicial Performance Commissions is to enhance transparency and accountability in the Colorado judiciary. By providing detailed, accessible evaluations, the commissions play a crucial role in educating voters about the performance of judges, thus promoting an informed electorate. This system helps maintain high standards within the judiciary by holding judges accountable not only to the law but also to the citizens they serve.

Overall, Colorado’s Judicial Performance Commissions are integral to maintaining public confidence in the judicial system, ensuring that judges not only uphold the law with integrity and fairness but also meet the expectations of their communities.