Judicial selection in Colorado

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All Colorado judges (whether a part of the Supreme Court, Court of Appeals, or the District Court system) are elected via merit selection.

Contents

Colorado: Judicial Selection History[1]

  • In 1876, Colorado Supreme Court justices are elected by the general populace to nine-year terms. District court judges were elected to six year terms, and county court judges to three-year terms.
  • In 1891, the Colorado Court of Appeals was established. Judges were now appointed by the governor, via senatorial consent, to six-year terms. The court was abolished fourteen years later, only to be re-established in 1913 and re-abolished in 1917.
    • The Court of Appeals was last established in 1970 and is yet to be abolished.
  • The Colorado Judicial Discipline Commission was established in 1982.

Colorado Celebrates More Than 40 Years of Merit Selection

In 1966, Coloradans voted to approve a constitutional amendment adopting the merit selection of judges.

Reform Efforts

Senate President John Andrews has abandoned an effort to term limit state judges, citing a lack of political interest in the topic at the present time. Opponents hailed the announcement that as proof of the public's support of the judicial system.
"Senator Andrews' decision not to proceed with it is really an acknowledgment that the people of Colorado believe the judicial system is fundamentally sound," said former Colorado Supreme Court Justice Rebecca Love Kourlis, who heads the Institute for the Advancement of the American Legal System, a nonpartisan legal reform organization.

Kourlis said that while some adjustments to the state's judicial performance evaluation system are needed, the judicial selection system is the "gold standard" across the country. She said judges are chosen on the basis of qualification and not political affiliation.

"When they're elected (sic), they don't have to raise money, support issues or do the campaigning that goes on around the country that does undermine public trust," Kourlis said.[2]

Terms

If selected, a judge for any Colorado court serves an initial term of two years. After the initial term, each judge stands for retention vote, at which time retained judges for the Supreme Court serve a new, ten year term, Appeals judges an eight year term, and District Court judges a six year term.[3]

2008 Federal Court Nominees

On January 17, 2008, United States Senator Ken Salazar (D-CO) drafted a letter to Fred Fielding (White House Counsel) requesting the Bush Administration's consideration of Salazar's eight-member bi-partisan committee's nominations for United States District Court Judges for Colorado. Three vacancies must be filled, following the death of Phillip Figa and the assumed senior-status of judges Lewis Babcock and Walker Miller (April 2008).[4]

Citing defunct judicial nominations during the Clinton Administration as a preemptive persuasive tool against future administrative and senatorial neglect, Salazar wrote:

"During the last two years of the Clinton Administration, when the Senate was controlled by the Republicans, three Coloradans were nominated for federal judgeships. None of these nominees received a hearing from the Senate Judiciary Committee.
"Patricia Coan was nominated to the Colorado District Court by President Clinton in May of 1999, with about 20 months remaining in the Clinton term. She had been chosen to replace Zita Weinshienk, who went on senior status in April of 1998. She did not receive a hearing, and her nomination was withdrawn in December of 2000. The seat was riot filled until Robert Blackburn, nominated by President Bush, was confirmed by the Senate in February of 2002.
"Another Coloradan, James Lyons, was nominated in September of 1999 to the Tenth Circuit Court of Appeals. He, too, was denied a hearing by the Senate Judiciary Committee and his nomination was eventually withdrawn. In his place President Clinton nominated in July of 2000 another Coloradan, Christine Arguello. Ms. Arguello did not receive a hearing before the end of that session of Congress, and she was not confirmed.[5]

"Senator Salazar’s eight-member bipartisan commission is chaired by Ross Buchanan, co-founder of the Denver law firm, Buchanan, Jurdem & Cederberg, P.C. and past President of the Colorado Trial Lawyers Association."[6]

Other Members Include:

See Also

External Links

References

  1. ↑ History of Reform Efforts
  2. ↑ Activist abandons try for term limits for Judges
  3. ↑ Judicial Selection in the States: Appellate and General Jurisdiction Courts
  4. ↑ Fielding Letter
  5. ↑ Fielding Letter
  6. ↑ Sen. Salazar’s Bipartisan Judicial Selection Commission Holds First Meeting
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