DENVER, Colo. — As Colorado gears up for its Nov. 5 elections, voters are confronted with an essential, albeit daunting, choice: deciding whether state and county judges should stay on the bench. In this unique judicial approach, judges are not elected but instead appointed and later placed on the ballot for retention, making Colorado’s system a blend of appointment and public accountability.
Colorado operates under a distinct judicial system where judges across various courts are appointed rather than elected. Later, these judges face retention elections, which allow citizens to vote on whether they should continue in their roles. This method aims to strike a balance between professional judiciary appointments and retaining public trust through electoral feedback.
However, the retention process is not without its complexities and criticisms. One significant challenge is the lack of familiarity many voters have with the judges on their ballots, often making informed voting difficult. Helping bridge this information gap are the citizen review commissions, which evaluate judicial performances and provide recommendations to voters.
These commissions play a pivotal role in informing the electorate. In the recent evaluations, they found most judges met performance standards, with only one exception among the 116 evaluated this election cycle. Despite this, there is ongoing debate about the breadth and depth of information provided, suggesting some voters crave more detailed insights into judicial conduct, including disciplinary records.
The process of judge appointments is intricate. The governor appoints judges for the higher and lower courts, while in Denver, the mayor appoints judges for the Denver County Court. Nominating commissions, which include both attorney and non-attorney members, recommend candidates to the governor. These commissions assess applicants and suggest at least two names for every vacancy, ensuring a choice for the appointing authorities.
Every two years following their appointment, judges face the voters to decide on their retention. For county judges, the next retention vote comes every four years; district judges every six years; Court of Appeals judges every eight years; and Supreme Court justices every ten years.
On the ballot this year, voters statewide will see retention questions for three Colorado Supreme Court justices and five Court of Appeals judges. Additionally, the number of district and county judges varies by location, directly reflecting the judicial needs and activities of different areas.
Voters seeking deeper insights into the judges can refer to resources such as the Colorado Office of Judicial Performance Evaluation. This office and the state’s Blue Book voter guide offer comprehensive evaluations, including ratings and detailed performance reviews. The evaluations typically summarize the recommendation of the performance commission, background information on the judge, and survey results from attorneys and others familiar with the judge’s work.
Judicial performance evaluations are also a subject of critique, as some believe these do not thoroughly depict a judge’s professional record or address potential biases. This feedback has led to calls for more transparent and inclusive evaluations, encompassing disciplinary records and additional public testimony.
As Coloradans ready themselves to make these significant decisions, they weigh a mix of professional assessments and personal perceptions in assessing the suitability of judges to uphold justice across the state. This intricate system of judicial appointments and retentions underscores a broader democratic engagement, aiming to balance expert appointments with voter oversight.