Colorado Judicial Merit Selection - a Well-deserved 40th Anniversary Celebration - April 2006
| Publication year | 2006 |
| Pages | 13 |
| Citation | Vol. 35 No. 4 Pg. 13 |
2006, April, Pg. 13. Colorado Judicial Merit Selection - A Well-Deserved 40th Anniversary Celebration - April 2006
April 2006
Vol. 35, No. 4 [Page 13]
by Gregory J. Hobbs, Jr
Colorado is remarkable for its beauty, its tradition of independent thought, and its method of selecting judges. Forty years ago, in November 1966, Colorado voters adopted a constitutional amendment for the merit selection of judges.(fn1) Repeated efforts from 1939 to 1966 ultimately led to this accomplishment.
As a result, unlike in some other states, a lawyer aspiring to become a Colorado judge need not obtain the nomination of a political party, raise funds, campaign for office, or be elected in a partisan race over a rival candidate.
As a result, no judge may hold office in any political party organization, or contribute to or campaign for any political party or candidate for political office.(fn2)
As a result, no litigant in a Colorado court needs to fear that the opposing party was a contributor to the judge's campaign and enjoys special status.
As I write this article, plans are proceeding for a year-long educational celebration of Colorado's judicial merit selection system, to begin on May 1, when the Colorado Supreme Court holds oral arguments at Durango High School. The celebration will continue statewide through April 30, 2007. See the "Honorary Proclamation" regarding the fortieth anniversary celebration of the Merit Selection System, signed by Colorado Governor Bill Owens, printed on page 12.
I am pleased to present this historical synopsis of how the 1966 constitutional amendment came to be adopted. Those who preceded us worked long and hard for a judicial system of which all Colorado citizens can be proud.
Colorado is one of thirty-two states that use nominating commissions to help the Governor select judges.(fn3) Some of these states use commissions only to select their appellate judges. Colorado is among the fifteen states whose commissions make nominations for trial courts of general jurisdiction.
During ten years of service, I have had the privilege of chairing twenty-seven local judicial nominating commissions for county and district court judges. It is very satisfying to see how deliberately and conscientiously the lawyer and non-lawyer members of these commissions go about their very important work of selecting nominees for judicial office.
Ultimately, the commissioners must answer two fundamental questions during their deliberations: "Is this person qualified to serve as a judge?" and "Who among these applicants are the most qualified persons for nomination?" In making their nominations to the Governor, these commissions focus on the reputation each applicant does or does not enjoy within the legal profession and in the larger community - for intelligence, hard work, honesty, humility, patience, fairness, and prior public service.
Merit Selection Under 1966 Constitutional Amendment
Under the 1966 amendment, when a vacancy occurs, a statewide commission composed of eight non-lawyers and seven lawyers considers applicants for justice of the Colorado Supreme Court or judge of the Colorado Court of Appeals. Local judicial district nominating commissions comprising four non-lawyers and three lawyers take applications for district or county court judge. Under the Colorado Constitution, Denver County Court judges are selected by a separate nominating commission and appointed by the Mayor, as set forth in the Denver City Charter.(fn4)
Nominating Commissions
The Governor appoints the non-lawyers to the nominating commissions; the Governor, Attorney General, and Colorado Supreme Court Chief Justice jointly appoint the lawyers. These are the conditions under which commission appointments are made:
* No voting member of the commission may hold any elective public office or political office.
* No more than half of the members of the commission plus one can be members of the same political party.
* Commissioners serve only one six-year term and do not receive a salary.
* A member of the nominating commission may not apply to be a judge during his or her term as a commissioner.
* A Colorado Supreme Court Justice serves as ex officio chair of each of the district commissions, without a vote.
* Colorado Supreme Court Chief Justice serves as ex officio chair of the Colorado Supreme Court and Colorado Court of Appeals nominating commission, without a vote.(fn5)
Appointments by Governor
The two or three persons nominated for county or district judge stand before the Governor for appointment, as do the three persons nominated for the Colorado Court of Appeals or Supreme Court. The Governor has fifteen days in which to make the appointment from this list. If this time has expired without an appointment, the Chief Justice of the Colorado Supreme Court makes the appointment from the list.(fn6) Those appointed to serve must have been licensed Colorado lawyers for five years. Judges and justices cannot practice law while serving in office and cannot hold any other public office.(fn7) However, a non-lawyer can be appointed to serve as a part-time county judge in less-populated counties.(fn8)
Terms
The appointed judicial officers serve for at least two years, then must stand for a "yes" or "no" retention vote at the next general election. A majority of those voting is required for retention. If retained, the justice or judge serves the following term of years:
* Ten years for Supreme Court Justice(fn9)
* Eight years for Court of Appeals Judge(fn10)
* Six years for District Court Judge(fn11)
* Four years for County Court Judge.(fn12)
At the end of the term, the justice or judge again can stand for retention to another term, but may not serve in office past his or her 72nd birthday.(fn13) If a justice or judge is not retained by a majority of those voting on the question of retention, the citizen commission convenes to select nominees to fill the office.(fn14) Retirement or resignation of a justice or judge also prompts convening the commission.(fn15) The...
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