The Independence of the Judiciary

• Publication year: 1998
• Pages: 25
• Citation: Vol. 27 No. 8 Pg. 25

27 Colo.Law. 25 Colorado Lawyer 1998.

1998, August, Pg. 25. The Independence of the Judiciary

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Vol. 27, No. 8, Pg. 25

The Colorado Lawyer
August 1998
Vol. 27, No. 8 [Page 25]

Features
CBA President's Message to Members
The Independence of the Judiciary
by Ben S. Aisenberg

In 1966, Colorado, by virtue of a ballot initiative, adopted the Missouri Plan, otherwise known as merit selection, for the appointment of judges. What this initiative did was to do away with the political system of electing judges. This came about largely as a result of the elections in 1964, in which a Democratic landslide resulted in the defeat of a number of very qualified judges who ran for retention on the Republican ticket. But more than that, it eliminated the necessity for judges to campaign. It eliminated the potential for patronage and partisan politics on the part of the elected judges

Over the thirty-two years since then, there have been numerous attempts by disgruntled litigants to return to the elective system. Concerned citizens, with the help of the Colorado Bar Association, have been successful in thwarting any such attempts before they ever got off the ground

This year, however, we are faced with a new crisis "term limits," a phrase that has much popular appeal. As of the time of this writing, three initiatives are being circulated for inclusion on the ballot in November. Two would limit judicial terms to ten consecutive years inclusive of all judicial service, and the other provides for no more than three consecutive four-year terms, with Senate confirmation of all appointments to the Supreme Court. These initiatives retain the present retention election system within the term limits.

The Issue

In Colorado, we have seen the advent of term limits for the executive and legislative branches. Why not for judges as well?

At the outset, over and above the loss of experienced judges whom the public has come to know and trust, the proposal would make it necessary for any Colorado attorney who was appointed to the bench to abandon all of his or her client relationships in exchange for a limited term of service After this term of service, when that person is older and less marketable, he or she would need to re-establish a client base with the likelihood of adverse economic consequences from tough decisions made on the bench. It is unreasonable to expect to...