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Colorado Supreme Court

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Colorado Supreme Court
State-Supreme-Courts-Ballotpedia-template.png
Court Information
Justices: 7
Founded: 1876
Location: Denver
Salary
Associates: $215,904[1]
Judicial Selection
Method: Assisted appointment (governor-controlled commission)
Term: 10 years
Active justices
Maria Berkenkotter, Brian Boatright, Richard Gabriel, Melissa Hart, William W. Hood, Monica Márquez, Carlos Armando Samour Jr.

Founded in 1876, the Colorado Supreme Court is the state's court of last resort and has seven judgeships. The current chief of the court is Monica Márquez.

As of August 2021, all seven judges on the court were appointed by Democratic governors.

The Colorado Supreme Court meets in the Ralph L. Carr Colorado Judicial Center in Denver, Colorado.[2]

In Colorado, state supreme court justices are selected through assisted appointment with a governor-controlled judicial nominating commission. Justices are appointed by the governor with the assistance of a commission with a majority of members selected by the governor. There are 10 states that use this selection method. To read more about the assisted appointment of judges, click here.

Jurisdiction

Most of the cases that come before the Colorado Supreme Court are appeals of decisions issued by the Colorado Court of Appeals. However, the court also has jurisdiction in "cases in which a statute is held to be unconstitutional, cases involving decisions of the Public Utilities Commission, writs of Habeas Corpus, cases involving adjudication of water rights, summary proceedings initiated under the Election Code, and prosecutorial appeals concerning search and seizure questions in pending criminal proceedings."[3] The court also has jurisdiction to create rules governing practices in civil and criminal actions.[4]

The chief justice serves as the executive head of the state judicial system and is the ex-officio chair of the Supreme Court Nominating Commission. The chief justice appoints the chief judge of the Colorado Court of Appeals and of each of the state's 22 judicial districts.[5]

Attorneys in the state are disciplined and licensed by the supreme court. The court also oversees the State Court Administrator, Board of Law Examiners, Commission on Judicial Discipline, and Unauthorized Practice of Law Committee.[6]

The following text from Article VI, Sections 2 and 3 of the Colorado Constitution, covers the organization and jurisdiction of the court:

“

Appellate Jurisdiction

(1) The supreme court, except as otherwise provided in this constitution, shall have appellate jurisdiction only, which shall be coextensive with the state, and shall have a general superintending control over all inferior courts, under such regulations and limitations as may be prescribed by law.

(2) Appellate review by the supreme court of every final judgment of the district courts, the probate court of the city and county of Denver, and the juvenile court of the city and county of Denver shall be allowed, and the supreme court shall have such other appellate review as may be provided by law. There shall be no appellate review by the district court of any final judgment of the probate court of the city and county of Denver or of the juvenile court of the city and county of Denver.

Original Jurisdiction ­Opinions

The supreme court shall have power to issue writs of habeas corpus, mandamus, quo warranto, certiorari, injunction, and such other original and remedial writs as may be provided by rule of court with authority to hear and determine the same; and each judge of the supreme court shall have like power and authority as to writs of habeas corpus. The supreme court shall give its opinion upon important questions upon solemn occasions when required by the governor, the senate, or the house of representatives; and all such opinions shall be published in connection with the reported decision of said court. [7]

”
—Colorado Constitution, Article VI, Sections 2 and 3

Justices

The table below lists the current judges of the Colorado Supreme Court, their political party, when they assumed office, and the appointing governor.

Judicial selection

See also: Judicial selection in Colorado


The seven justices on the Colorado Supreme Court are selected through the assisted appointment method. Each justice is appointed by the governor from a list of names compiled by the Colorado Supreme Court Nominating Commission.[8][9]

Initial terms last at least two years, after which justices must stand for retention in a yes-no election. Subsequent terms last 10 years.[9]

Qualifications

To serve on this court, a justice must be:[10]

  • a qualified elector in the state;
  • licensed to practice law in the state for five years; and
  • under the age of 72 (retirement by 72 is mandatory).

Chief justice

The chief justice of the supreme court is selected by peer vote. Beginning in January 2021, the chief justice began serving for a set term on a rotating basis. Previously, the chief justice served indefinitely as long as he or she had the support of his or her peers.[11]

Vacancies

See also: How vacancies are filled in state supreme courts

If a midterm vacancy occurs on the court, the seat is filled as it normally would be if the vacancy occurred at the end of a justice's term. A judicial nominating commission recommends to the governor three qualified candidates for an appellate court vacancy (two or three for a trial court vacancy), and the governor selects a successor from that list. After occupying the seat for two years, the newly appointed justice stands for retention in the next general election. The justice then serves a full 10-year term if he or she is retained by voters.[9]

The map below highlights how vacancies are filled in state supreme courts across the country.


Elections

See also: Colorado Supreme Court elections

2024

See also: Colorado Supreme Court elections, 2024

The terms of three Colorado Supreme Court justices expired on January 13, 2025. The three seats were up for retention election on November 5, 2024. The filing deadline was August 5, 2024.

Candidates and results

Maria Berkenkotter's seat

Colorado Supreme Court, Maria Berkenkotter's seat

Maria Berkenkotter was retained to the Colorado Supreme Court on November 5, 2024 with 66.8% of the vote.

Retention
 Vote
%
Votes
✔
Yes
 
66.8
 
 1,685,363
No
 
33.2
 
 837,630
Total Votes
 2,522,993

It has been certified. Source

Brian Boatright's seat

Colorado Supreme Court, Brian Boatright's seat

Brian Boatright was retained to the Colorado Supreme Court on November 5, 2024 with 62.8% of the vote.

Retention
 Vote
%
Votes
✔
Yes
 
62.8
 
 1,571,597
No
 
37.2
 
 930,272
Total Votes
 2,501,869

It has been certified. Source

Monica Márquez' seat

Colorado Supreme Court, Monica Márquez' seat

Monica Márquez was retained to the Colorado Supreme Court on November 5, 2024 with 64.1% of the vote.

Retention
 Vote
%
Votes
✔
Yes
 
64.1
 
 1,613,684
No
 
35.9
 
 905,209
Total Votes
 2,518,893

It has been certified. Source


2020

See also: Colorado Supreme Court elections, 2020

Candidates and results

Hart's seat

Colorado Supreme Court, Melissa Hart's seat

Melissa Hart was retained to the Colorado Supreme Court on November 3, 2020 with 74.6% of the vote.

Retention
 Vote
%
Votes
✔
Yes
 
74.6
 
 2,020,956
No
 
25.4
 
 689,323
Total Votes
 2,710,279

It has been certified. Source

Armando Samour's seat

Colorado Supreme Court, Carlos Armando Samour Jr.'s seat

Carlos Armando Samour Jr. was retained to the Colorado Supreme Court on November 3, 2020 with 73.4% of the vote.

Retention
 Vote
%
Votes
✔
Yes
 
73.4
 
 1,966,343
No
 
26.6
 
 710,809
Total Votes
 2,677,152

It has been certified. Source



2018

See also: Colorado Supreme Court elections, 2018

Candidates and results

See also: Colorado Supreme Court elections, 2018

Colorado Supreme Court, Richard Gabriel's seat

Richard Gabriel was retained to the Colorado Supreme Court on November 6, 2018 with 74.3% of the vote.

Retention
 Vote
%
Votes
✔
Yes
 
74.3
 
 1,497,141
No
 
25.7
 
 517,347
Total Votes
 2,014,488

It has been certified. Source


2016

William W. Hood was retained in the Colorado Supreme Court, Hood's seat election with 70.98% of the vote.
Colorado Supreme Court, Hood's seat, 2016
Name Yes votes
Green check mark transparent.pngWilliam W. Hood70.98%
Source: Colorado Secretary of State Official Certified Results

Appointments

2021

See also: Colorado Supreme Court justice vacancy (January 2021)

Colorado Governor Jared Polis (D) appointed Maria Berkenkotter to the Colorado Supreme Court on November 20, 2020. Berkenkotter was Polis' first nominee to the seven-member supreme court.[12] She succeeded Chief Justice Nathan Coats. Coats retired on January 22, 2021, when he reached the mandatory retirement age of 72.[13][14]

At the time of the vacancy, state supreme court justices were selected by the governor with help from a nominating commission, under Colorado law.

2018

See also: Colorado Supreme Court justice vacancy (June 2018)

Colorado Supreme Court Chief Justice Nancy Rice retired on June 30, 2018.[15]
Under Colorado law, Gov. John Hickenlooper appointed Rice's replacement. On May 30, 2018, Hickenlooper announced the appointment of Judge Carlos Samour Jr. to fill Rice's seat. Samour was Hickenlopper's fifth nominee to the seven-member Supreme Court.[16]

Caseloads

The table below details the number of cases filed with the court and the number of dispositions the court reached each year.[17][18][19]

Colorado Supreme Court caseload data
Year Filings Dispositions
2023 1,451 1,403
2022 1,489 1,400
2021 1,503 1,460
2020 1,455 1,429
2019 1,333 1,359
2018 1,231 1,216
2017 1,285 1,012
2016 1,494 1,522
2015 1,549 1,624
2014 1,465 1,401
2013 1,457 1,508
2012 1,494 1,612
2011 1,387 1,440
2010 1,518 1,554
2009 1,643 1,554
2008 1,657 1,760
2007 1,534 1,450

Analysis

Ballotpedia Courts: Determiners and Dissenters (2021)

See also: Ballotpedia Courts: Determiners and Dissenters

Ballotpedia Courts Determiners and Dissenters navigation ad.png In 2020, Ballotpedia published Ballotpedia Courts: Determiners and Dissenters, a study on how state supreme court justices decided the cases that came before them. Our goal was to determine which justices ruled together most often, which frequently dissented, and which courts featured the most unanimous or contentious decisions.

The study tracked the position taken by each state supreme court justice in every case they decided in 2020, then tallied the number of times the justices on the court ruled together. We identified the following types of justices:

  • We considered two justices opinion partners if they frequently concurred or dissented together throughout the year.
  • We considered justices a dissenting minority if they frequently opposed decisions together as a -1 minority.
  • We considered a group of justices a determining majority if they frequently determined cases by a +1 majority throughout the year.
  • We considered a justice a lone dissenter if he or she frequently dissented alone in cases throughout the year.

Summary of cases decided in 2020

  • Number of justices: 7
  • Number of cases: 91
  • Percentage of cases with a unanimous ruling: 68.1% (62)
  • Justice most often writing the majority opinion: Justices C. Armando Samour and Richard Gabriel (19)
  • Per curiam decisions: 6
  • Concurring opinions: 3
  • Dissenting opinions: 24
  • Justice with most dissenting opinions: Justice Richard Gabriel (6)


For the study's full set of findings in Colorado, click here.

Ballotpedia Courts: State Partisanship (2020)

See also: Ballotpedia Courts: State Partisanship

Ballotpedia Courts State Partisanship navigation ad.png Last updated: June 15, 2020

In 2020, Ballotpedia published Ballotpedia Courts: State Partisanship, a study examining the partisan affiliation of all state supreme court justices in the country as of June 15, 2020.

The study presented Confidence Scores that represented our confidence in each justice's degree of partisan affiliation, based on a variety of factors. This was not a measure of where a justice fell on the political or ideological spectrum, but rather a measure of how much confidence we had that a justice was or had been affiliated with a political party. To arrive at confidence scores we analyzed each justice's past partisan activity by collecting data on campaign finance, past political positions, party registration history, as well as other factors. The five categories of Confidence Scores were:

  • Strong Democrat
  • Mild Democrat
  • Indeterminate[20]
  • Mild Republican
  • Strong Republican

We used the Confidence Scores of each justice to develop a Court Balance Score, which attempted to show the balance among justices with Democratic, Republican, and Indeterminate Confidence Scores on a court. Courts with higher positive Court Balance Scores included justices with higher Republican Confidence Scores, while courts with lower negative Court Balance Scores included justices with higher Democratic Confidence Scores. Courts closest to zero either had justices with conflicting partisanship or justices with Indeterminate Confidence Scores.[21]

Colorado had a Court Balance Score of -4.43, indicating Democratic control of the court. In total, the study found that there were 15 states with Democrat-controlled courts, 27 states with Republican-controlled courts, and eight states with Split courts. The map below shows the court balance score of each state.

SSC by state.png


Bonica and Woodruff campaign finance scores (2012)

See also: Bonica and Woodruff campaign finance scores of state supreme court justices, 2012

In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan outlook of state supreme court justices in their paper, "State Supreme Court Ideology and 'New Style' Judicial Campaigns." A score above 0 indicated a more conservative-leaning ideology while scores below 0 were more liberal. The state Supreme Court of Colorado was given a campaign finance score (CFscore), which was calculated for judges in October 2012. At that time, Colorado received a score of -0.29. Based on the justices selected, Colorado was the 16th most liberal court. The study was based on data from campaign contributions by judges themselves, the partisan leaning of contributors to the judges, or—in the absence of elections—the ideology of the appointing body (governor or legislature). This study was not a definitive label of a justice but rather an academic gauge of various factors.[22]

Noteworthy cases

The following are noteworthy cases heard before the Colorado Supreme Court. For a full list of opinions published by the court, click here. Know of a case we should cover here? Let us know by emailing us.

Ethics

The Colorado Code of Judicial Conduct sets forth ethical guidelines and principles for the conduct of judges and judicial candidates in Colorado. It consists of four overarching canons:

“
  • Canon 1: "A judge shall uphold and promote the independence, integrity, and impartiality of the judiciary and shall avoid impropriety and the appearance of impropriety."
  • Canon 2: "A judge shall perform the duties of judicial office impartially, competently, and diligently."
  • Canon 3: "A judge shall conduct the judge’s personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office."
  • Canon 4: "A judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary."[32][7]
 ”

The full text of the Colorado Code of Judicial Conduct can be found here.

Removal of judges

Judges in Colorado may be removed in one of three ways:


History of the court

The Denver Post building, which houses the Colorado Supreme Court

Colorado's court history began before the area became a state or even a territory. In 1859, miners districts were established for miners to resolve disputes related to property rights, boundaries, crime, and the like. A large portion of Colorado was originally part of Arapahoe County in the Territory of Kansas and was served by the territory's courts. Additionally, an 1859 election established an unsanctioned area called the Territory of Jefferson, and the government instituted its own supreme court, served by three justices. Conflict arose regarding the jurisdiction of the Arapahoe County courts versus the courts in the Jefferson territory, and citizens created People's Courts to fill the void left by the conflict. People's Courts were organized and run by upper-class residents on an ad-hoc basis to resolve crimes and prosecute offenses.[34]

Colorado became a recognized territory in February 1861, and at this point, the competing courts all ceded power to the new government. Three justices were appointed by President Abraham Lincoln to the new Supreme Court and the territory was divided into three judicial districts.[35]

On August 1, 1876 the territory of Colorado gained statehood. The state's constitution provided for a judicial branch headed by a supreme court made up of three justices, and it provided for four judicial districts, with one judge serving each district. By 1905 the supreme court had grown to seven justices to deal with the caseload. All supreme court justices hear every case and today.[36] Justices were initially elected via partisan elections. A push began to change that method in 1939, initiated by Colorado Bar Association President William R. Kelly. Voters finally approved the measure on November 8, 1966 with a constitutional amendment providing that supreme court justice candidates would be nominated by a statewide judicial nominating commission and one of those candidates would be appointed by the governor within 15 days. Justices serve at least two years before they stand for nonpartisan retention elections every ten years.[37][38]

Noteworthy firsts

  • Justice Gregory K. Scott was the first Black justice appointed to the court and served from January 15, 1993, until 2000.[39]
  • Justice Jean E. Dubofsky was the first woman appointed to the court. She served from 1979 until 1987.[40]
  • Justice Alex Martinez was the first Hispanic justice appointed to the court, where he served from 1997 until October 2011.[41]
  • Justice Monica Márquez became the first Hispanic woman and the first openly gay judge to be appointed to the court in 2010.[42]

Courts in Colorado

See also: Courts in Colorado

In Colorado, there is one federal district court, a state supreme court, a state court of appeals, and trial courts with both general and limited jurisdiction. These courts serve different purposes. The image below depicts the flow of cases through Colorado's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.

The structure of Colorado's state court system.

Party control of Colorado state government

A state government trifecta is a term that describes single-party government, when one political party holds the governor's office and has majorities in both chambers of the legislature in a state government. A state supreme court plays a role in the checks and balances system of a state government.

Colorado has a Democratic trifecta. The Democratic Party controls the office of governor and both chambers of the state legislature.

Colorado Party Control: 1992-2025
Thirteen years of Democratic trifectas  •  Four years of Republican trifectas
Scroll left and right on the table below to view more years.

Year 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Governor D D D D D D D R R R R R R R R D D D D D D D D D D D D D D D D D D D
Senate R R R R R R R R R D D R R D D D D D D D D D D R R R R D D D D D D D
House R R R R R R R R R R R R R D D D D D D R R D D D D D D D D D D D D D

See also

Colorado Judicial Selection More Courts
Seal of Colorado.png
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Courts in Colorado
Colorado Court of Appeals
Colorado Supreme Court
Elections: 2025 • 2024 • 2023 • 2022 • 2021 • 2020 • 2019 • 2018 • 2017
Gubernatorial appointments
Judicial selection in Colorado
Federal courts
State courts
Local courts

External links

Footnotes

  1. ↑ The salary of the chief justice may be higher than an associate justice.
  2. ↑ Colorado Judicial Branch, "Visiting the Supreme Court," accessed August 20, 2021
  3. ↑ Colorado Judicial Branch,"Colorado Supreme Court," accessed June 12, 2024
  4. ↑ Colorado Judicial Branch,"Colorado Supreme Court," accessed June 12, 2024
  5. ↑ Colorado Judicial Branch,"Colorado Supreme Court," accessed June 12, 2024
  6. ↑ Colorado Judicial Branch,"Colorado Supreme Court," accessed June 12, 2024
  7. ↑ 7.0 7.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  8. ↑ Colorado Judicial Branch, "Colorado Supreme Court," accessed March 28, 2023
  9. ↑ 9.0 9.1 9.2 Colorado Judicial Branch, "Judicial Nominating Commissions," accessed March 28, 2023
  10. ↑ Colorado Judicial Branch, "What it takes to become a Judge," accessed March 28, 2023
  11. ↑ The Denver Post, "Colorado Supreme Court to impose term lengths for chief justice as current one retires," August 19, 2020
  12. ↑ Colorado.gov, "Governor Polis Appoints Colorado Supreme Court Justice," November 20, 2020
  13. ↑ Colorado Judicial Branch, "Chief Justice Nathan B. Coats announces retirement, Justice Brian D. Boatright to serve as next Chief Justice as Colorado Supreme Court moves to rotational terms for Chief," August 19, 2020
  14. ↑ Colorado Judicial Branch, "Colorado Supreme Court Chief Justice Nathan B. Coatsto retire, Nominating Commission sets date to select nominees," September 28, 2020
  15. ↑ The Gazette, "Colorado Supreme Court Chief Justice Nancy E. Rice to retire," March 8, 2018
  16. ↑ Colorado Gov. John Hickenlooper, "Gov. Hickenlooper appoints new justice to Colorado Supreme Court," May 30, 2018
  17. ↑ Colorado Judicial Branch, "Annual Statistics Report Fiscal Year 2020," accessed August 20, 2021
  18. ↑ Colorado Judicial Branch, "Annual Statistical Report Fiscal Year 2021," accessed October 4, 2022
  19. ↑ Colorado Judicial Branch, "Annual Statistical Report Fiscal Year 2023," accessed September 24, 2024
  20. ↑ An Indeterminate score indicates that there is either not enough information about the justice’s partisan affiliations or that our research found conflicting partisan affiliations.
  21. ↑ The Court Balance Score is calculated by finding the average partisan Confidence Score of all justices on a state supreme court. For example, if a state has justices on the state supreme court with Confidence Scores of 4, -2, 2, 14, -2, 3, and 4, the Court Balance is the average of those scores: 3.3. Therefore, the Confidence Score on the court is Mild Republican. The use of positive and negative numbers in presenting both Confidence Scores and Court Balance Scores should not be understood to that either a Republican or Democratic score is positive or negative. The numerical values represent their distance from zero, not whether one score is better or worse than another.
  22. ↑ Stanford University, "State Supreme Court Ideology and 'New Style' Judicial Campaigns," October 31, 2012
  23. ↑ Supreme Court, "Trump v. Anderson," accessed March 4, 2024
  24. ↑ 24.0 24.1 24.2 The New York Times, "Trump Is Disqualified From the 2024 Ballot, Colorado Supreme Court Rules," December 19, 2023
  25. ↑ NBC News, "Colorado Supreme Court kicks Trump off the state's 2024 primary ballot for violating the U.S. Constitution," December 19, 2023
  26. ↑ The New York Times, "Justices to Decide Whether Trump Is Eligible for Colorado Ballot," January 5, 2024
  27. ↑ The New York Times, "Justices to Decide Whether Trump Is Eligible for Colorado Ballot," January 5, 2024
  28. ↑ Colorado Politics, "State Supreme Court upholds 2013 large-capacity magazine ban," June 29, 2020
  29. ↑ Colorado Supreme Court, "Court Announcements April 22, 2019," accessed May 9, 2019
  30. ↑ The Denver Post, "Colorado attorney general argues for ban on large-capacity gun magazines," August 13, 2019
  31. ↑ Rocky Mountain News, "'We're not giving up,' initiative activist says," June 13, 2006
  32. ↑ Colorado Judicial Branch, "Colorado Code of Judicial Conduct," amended July 1, 2010
  33. ↑ National Center For State Courts, "Removal of Judges: Colorado," accessed May 9, 2015
  34. ↑ Colorado Judicial Branch,"Welcome to the Colorado Supreme Court and Court of Appeals, An Historical Guide," accessed June 12, 2024
  35. ↑ Colorado Judicial Branch,"Welcome to the Colorado Supreme Court and Court of Appeals, An Historical Guide," accessed June 12, 2024
  36. ↑ Colorado Judicial Branch,"Welcome to the Colorado Supreme Court and Court of Appeals, An Historical Guide," accessed June 12, 2024
  37. ↑ Legislative Council Staff,"Judicial Selection and Retention," accessed June 12, 2024
  38. ↑ University of Colorado Four Corners Project,"Colorado Judicial Merit- A Well-Deserved 40th Anniversary Celebration," accessed June 12, 2024
  39. ↑ Colorado Judicial Branch, "Press Release: Justice Gregory Kellam Scott," March 6, 2000
  40. ↑ CWBAF, "Past 'Raising the Bar' Honorees," accessed August 20, 2021
  41. ↑ Reed Magazine, "Stepping Up For Social Justice," December 3, 2020
  42. ↑ Fox News Latino, "First Latina, openly gay Colorado Supreme Court justice," December 12, 2010, accessed January 22, 2012

Colorado courts

Federal courts:

Tenth Circuit Court of Appeals • U.S. District Court: District of Colorado • U.S. Bankruptcy Court: District of Colorado

State courts:

Colorado Supreme Court • Colorado Court of Appeals • Colorado District Courts • Colorado County Courts • Denver Probate Court • Denver Juvenile Court • Colorado Municipal Courts • Colorado Water Courts

State resources:

Courts in Colorado • Colorado judicial elections • Judicial selection in Colorado


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