The Role of the Colorado Court of Appeals - July 2007 - Judges' Corner
| Jurisdiction | Colorado,United States |
| Citation | Vol. 36 No. 7 Pg. 105 |
| Pages | 105 |
| Publication year | 2007 |
2007, July, Pg. 105. The Role of the Colorado Court of Appeals - July 2007 - Judges' Corner
The Colorado Lawyer
July 2007
Vol. 36, No. 7 [Page 105]
Departments
Judges' Corner
The Role of the Colorado Court of Appeals
by Steven L. Bernard
About the Author:
Steven L. Bernard is a judge on the Colorado Court of
Appeals. He has been on the Bench since 2006 -
steven.bernard@judicial.state.co.us.
"Judges' Corner" is published quarterly to
provide information Colorado judges would like to disseminate
to attorneys. If you would like to suggest topics or write an
article for this department, please e-mail coorindating
editor Hon. Alan Loeb, Colorado Court of Appeals Judge, at
alan.loeb@judicial.state.co.us.
The Colorado Court of Appeals (COA) handles almost all
appeals of right in Colorado, providing appellate review in
civil, criminal, domestic, juvenile, and administrative
cases. There are at least thirty-six types of cases over
which the COA has original jurisdiction, including criminal
civil, domestic relations, juvenile, and administrative
law.(fn1)
As an intermediate appellate court, the COA's basic
purpose is to correct errors by ensuring adherence to
existing law. Although this purpose seems simple, its
interpretation can be controversial, leading to debates over
whether certain errors should even be recognized so they can
be corrected.(fn2)
This article will discuss the COA's function as an
intermediate appellate court and how it contributes to the
development of the law. Part of this discussion includes an
explanation of the COA's caseload and the types of
opinions produced by the COA's judges
Court of Last Resort
Because the COA determines so many appeals of right, cases
often are routine, decisions frequently are unanimous, and
opinions do not necessarily further the development of the
law.(fn3) At least one commentator has reasoned that low
reversal rates are not a product of deference forced by heavy
dockets, but rather are an indication that more appeals
lacking merit are being filed. In his 1994 article entitled
"The Fate of the Federal Appeals Judge in the
Information Age," Hon. Bruce M. Selya, senior judge of
the U.S. Court of Appeals for the First Circuit, stated:
In the federal system, the appeal from the district court to the court of appeals has become, regrettably, the best bargain in the supermarket of modern litigation.(fn4)
In practice, the COA functions as the court of last resort in
the vast majority of cases that come before it, because COA
opinions infrequently are reversed by the Colorado Supreme
Court. For example, in 2000, each COA judge issued
approximately 108 opinions; each Colorado Supreme Court
justice issued about sixteen.(fn5) The COA has become,
therefore, "the draft animal of state appellate
review."(fn6)
Development of the Law
As an intermediate appellate court, the COA assists in
"the development of the common law, the interpretation
of statutes, the judicial review of administrative action,
and virtually all areas of civil and criminal law."(fn7)
The COA can stimulate revision in the law by pointing out
problems to the Colorado Supreme Court or to the legislature.
The COA is "closer to the trial court[,]. . .
[reviewing] the procedural aspects of litigation more often
and with greater influence than does the highest court,"
with sharper focus on the efficiency and justice of resolving
cases.(fn8)
By working in panels, the COA serves as a
"laboratory" for the law, reaching different
results in similar circumstances, providing the Supreme Court
an opportunity to evaluate the success of the
"experiments." Dissents also can assist this
function by pointing out the merits and shortcomings of
possible solutions to novel issues.(fn9)
...
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