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Colorado Supreme Court justice vacancy (January 2026)

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Colorado Supreme Court
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Hart vacancy
Date:
January 5, 2026
Status:
Seat vacant
Nomination
Nominee:
To be determined
Date:
To be determined

Colorado Supreme Court Justice Melissa Hart retired on January 5, 2026. Hart's replacement will be Governor Polis' (D) second nominee to the seven-member supreme court.

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.

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.[1]

Ballotpedia has compiled the following resources on the process to fill the Colorado Supreme Court vacancy:


Appointee candidates and nominations

Ballotpedia will post information on candidates and prospective appointees as information becomes available. If you know of information that should be included here, please email us.

The selection process

See also: Judicial selection in Colorado

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.

Makeup of the court

See also: Colorado Supreme Court

Justices

Following Hart's retirement, the Colorado Supreme Court included the following members:

Maria Berkenkotter Appointed by Gov. Jared Polis (D) in 2020
Brian Boatright Appointed by Gov. John Hickenlooper (D) in 2011
Richard Gabriel Appointed by Gov. John Hickenlooper (D) in 2015
William W. Hood Appointed by Gov. John Hickenlooper (D) in 2013
Monica Márquez Appointed by Gov. Bill Ritter (D) in 2010
Carlos Armando Samour Jr. Appointed by Gov. John Hickenlooper (D) in 2018

About the court

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.

About Justice Hart

See also: Melissa Hart

Hart grew up in Denver, Colorado. She received a B.A. from Harvard-Radcliffe College in 1991 and a J.D. from Harvard Law School in 1995.[3][4]

Hart clerked for Judge Guido Calabresi of the United States Court of Appeals for the 2nd Circuit and for Justice John Paul Stevens of the United States Supreme Court. She was an associate at Jones, Day, Reavis & Pogue and a trial attorney with the U.S. Department of Justice's Civil Division. Hart then worked as a professor at the University of Colorado Law School from 2000 to 2017, when she was appointed to the state supreme court. At the university, she directed the Byron R. White Center for the Study of American Constitutional Law.[3][4]

Hart was a founding member of the Sonia Sotomayor Inn of Court. As of 2021, she was a commissioner on the Colorado Access to Justice Commission.[3]

Other state supreme court appointments in 2026

See also: State supreme court vacancies, 2026

The following table lists vacancies on state supreme courts that opened in 2026. Click the link under the Court column for a particular vacancy for more information on that vacancy.

Click here for vacancies that opened in 2025.

2026 State
Supreme Court Vacancies
View supreme court vacancies by state:


See also

Colorado Judicial Selection More Courts
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Courts in Colorado
Colorado Court of Appeals
Colorado Supreme Court
Elections: 2026202520242023202220212020201920182017
Gubernatorial appointments
Judicial selection in Colorado
Federal courts
State courts
Local courts

External links

Footnotes

  1. Colorado Judicial Branch, "Judicial Nominating Commissions," accessed March 28, 2023
  2. Colorado Judicial Branch, "Visiting the Supreme Court," accessed August 20, 2021
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  4. 4.0 4.1 Cite error: Invalid <ref> tag; no text was provided for refs named pr