Preserve the Trust and Respect of the People

• Publication year: 1997
• Pages: 9

26 Colo.Law. 9 Colorado Lawyer 1997.

1997, December, Pg. 9. Preserve the Trust and Respect of the People

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9

Vol.26, No. 11, Pg. 9

The Colorado Lawyer
December 1997
Vol. 26, No. 12 [Page 9]

Features
CBA President's Message to Members
Preserve the Trust and Respect of the People
by Rebecca Koppes Conway

We must never forget that the only real source of power
that we as judges can tap is the respect of the people.
Thurgood Marshall (1981)

Judges, like other public officials, should be accountable to the electorate. As the impartial dispensers of justice judges should be independent. To be independent, the system for their selection should be designed to preserve the public trust and respect

Merit Selection of Judges

For thirty years, Colorado has selected its judges through the merit selection process. In its simplest form, merit selection allows candidates interested in seeking a judicial office to submit their names to a nominating commission. The commission consists of both lawyers and citizens representing a cross-section of political parties. The commission screens candidates based on the candidates' qualifications, reports its findings on all candidates to the Governor, and nominates at least two, and no more than three, candidates. The Governor then appoints one of the nominees.

A judicial performance commission, consisting of citizens and attorneys, reviews the performance of the judge and issues recommendations regarding the judge's retention on the bench. After a period of service, the judge's name appears on the ballot, and the voters decide whether or not the judge should be retained for a full term of office. While the merit selection system of judges may not be perfect, in my opinion, it works and is fair.

A Continuing Debate

Since the 1998 election campaign season is starting already we can be sure there will be some discussion about how Colorado judges are selected. Some comments will be from persons well intentioned; some will be from those who believe such a debate will be good fodder for their own election agenda. Anticipated proposals include: (1) returning to a system in which judges are elected, (2) having judges confirmed by the state Senate; or (3) having judges become subject to term limits. Others believe that the merit system functions to promote respect and trust in the judiciary and that it should be...