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Judicial selection in Colorado
| Judicial selection in Colorado | |
 | |
| Colorado Supreme Court | |
| Method: | Assisted appointment |
| Term: | 2 or 10 years[1] |
| Colorado Court of Appeals | |
| Method: | Assisted appointment |
| Term: | 2 or 8 years[2] |
| Colorado District Courts | |
| Method: | Assisted appointment |
| Term: | 2 or 6 years[3] |
| Colorado County Courts | |
| Method: | Assisted appointment |
| Term: | 2 or 4 years[4] |
Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.
This article covers how state court judges are selected in Colorado, including:
- Colorado Supreme Court,
- Colorado Court of Appeals
- Colorado District Courts, and
- Limited jurisdiction courts
As of April 2025, judges for all courts in the state—except for water courts and municipal courts—were selected through assisted appointment, where the governor selects a nominee from a list provided by a nominating commission. Water court judges were designated by the supreme court and municipal court judges were selected by the municipal governing body.[5][6][7]
Click here to notify us of changes to judicial selection methods in this state.
Colorado Supreme Court
- See also: Colorado Supreme Court
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
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.
Colorado Court of Appeals
- See also: Colorado Court of Appeals
The 22 judges on the Colorado Court of Appeals are selected through the assisted appointment method. Each judge is appointed by the governor from a list of names compiled by the Colorado Supreme Court Nominating Commission.[9][12]
Initial terms last at least two years, after which justices must stand for retention in a yes-no election. Subsequent terms last eight years.[9]
Qualifications
To serve on this court, a judge must be:[13]
- 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 court's chief judge is appointed by the chief justice of the supreme court to serve indefinitely.[14]
Vacancies
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 judge'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 judge stands for retention in the next general election. The judge then serves a full eight-year term if he or she is retained by voters.[9]
Colorado District Courts
- See also: Colorado District Courts
Judges on the Colorado District Courts are selected through the assisted appointment method. Each judge is appointed by the governor from a list of names compiled by a judicial district nominating commission. Each of Colorado's 23 judicial districts has a nominating commission consisting of seven members. Each commission is chaired by a justice of the supreme court, who is a non-voting member of the commission.[9]
Initial terms last at least two years, after which justices must stand for retention in a yes-no election. Subsequent terms last six years.[9]
Qualifications
To serve on this court, a judge must be:[10]
- a qualified elector in the judicial district;
- licensed to practice law in the state for five years; and
- under the age of 72 (retirement by 72 is mandatory).
Chief justice
The court's chief judge is appointed by the chief justice of the supreme court to serve indefinitely.[8]
Vacancies
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 judge's term. A judicial nominating commission recommends to the governor two or three candidates for a trial court vacancy and the governor selects a successor from that list. After occupying the seat for two years, the newly appointed judge stands for retention in the next general election. The judge then serves a six-year term if he or she is retained by voters.[9]
Limited jurisdiction courts
Colorado has three types of limited jurisdiction courts: county courts, municipal courts, and water courts.
County Courts
Judges of the Colorado County Courts are each appointed by the governor with the help of a commission, except in Denver, Colorado.[9] In Denver, judges are appointed by the mayor rather than the governor.[15] Judges are initially appointed to two-year terms and then run in retention elections for four-year terms afterward.[9] To serve on this court, a judge must be a qualified elector and resident of the county, licensed to practice law in the state for at least five years, and under the age of 72.[10] Some small counties only require a high school degree or equivalent but require judges to attend an institute to learn about county court duties.
Municipal Courts
Judges of the Colorado Municipal Courts are appointed to two-year terms by the governing body of their municipality.[16] To serve on this court, a judge must be a high school graduate or equivalent, though candidates with law degrees and experience are given preference. A municipality may also require the judge to be a qualified elector of that municipality or county.[17]
Water Courts
Judges of the Colorado Water Courts are appointed to one-year terms by the state supreme court.[18] The appointees are chosen from among district court judges.[6][19] To serve on this court, a judge must be a qualified elector of that district and licensed to practice law in the state for five years. This position has a mandatory retirement age of 72.[6]
History
Below is a timeline noting changes to judicial selection methods in Colorado listed in reverse chronological order.
- 2008: The Office of Judicial Performance Evaluation was established, providing for written evaluations of judges by state and district commissions. Interim evaluations were now conducted for all judges at least once during their terms.
- 1988: The general assembly created commissions on judicial performances, intended to evaluate judges standing for retention. The information was to be made publicly available to voters.
- 1982: The Judicial Discipline Commission was established.
- 1970: The Colorado Court of Appeals was established. Judges were to be chosen through merit selection to serve eight-year terms after their initial retention.
- 1966: A constitutional amendment adopting merit selection of judges was approved by voters. State efforts to adopt merit selection could be traced back to 1947 when the legislature was first encouraged by the Colorado Bar Association to approve a merit selection amendment. From 1957 to 1966, several organizations including the bar and the League of Women Voters of Colorado, worked together to place an initiative on the ballot.
- 1913: A court of appeals was established. It was abolished in 1917.
- 1904: The full term length of supreme court justices was extended to ten years.
- 1902: The full term length of county court judges was increased to four years.
- 1891: A court of appeals was established. It was abolished in 1905.
- 1876: Supreme court justices were to be elected by popular vote to nine-year terms, district court judges to six-year terms, and county court judges to three-year terms.[20]
Selection of federal judges
United States district court judges, who are selected from each state, go through a different selection process from that of state judges.
The district courts are served by Article III federal judges, who are appointed for life during good behavior. They are usually first recommended by senators (or members of the House, occasionally). The President of the United States nominates judges, who must then be confirmed by the United States Senate in accordance with Article III of the United States Constitution.[21]
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, which are outlined in the sections below.
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.
In other states
Each state has a unique set of guidelines governing how they select judges at the state and local level. These methods of selection are:
Election
- Partisan election: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
- Nonpartisan election: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
- Michigan method: State supreme court justices are selected through nonpartisan elections preceded by either partisan primaries or conventions.
- Retention election: A periodic process whereby voters are asked whether an incumbent judge should remain in office for another term. Judges are not selected for initial terms in office using this election method.
Assisted appointment
- Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list.[22] At the state supreme court level, this method is further divided into the following three types:
- Bar-controlled commission: Members of the state Bar Association are responsible for electing a majority of the judicial nominating commission that sends the governor a list of nominees that they must choose from.
- Governor-controlled commission: The governor is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees they must choose from.
- Hybrid commission: The judicial nominating commission has no majority of members chosen by either the governor or the state bar association. These commissions determine membership in a variety of ways, but no institution or organization has a clear majority control.
Direct appointment
- Court appointment: Judges are selected by judges in the state judiciary.
- Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
- Legislative election: Judges are selected by the state legislature.
- Municipal government selection: Judges are selected by the governing body of their municipality.
See also
External links
Footnotes
- ↑ Initial terms are two years. Subsequent terms are 10 years.
- ↑ Initial terms are two years. Subsequent terms are 8 years.
- ↑ Initial terms are two years. Subsequent terms are 6 years.
- ↑ Initial terms are two years. Subsequent terms are 4 years.
- ↑ Brennan Center for Justice, "Judicial Selection: An Interactive Map," accessed March 23, 2023
- ↑ 6.0 6.1 6.2 Colorado Judicial Branch, "Water Courts," accessed March 28, 2023
- ↑ Justia, "2022 Colorado Code Title 13 - Courts and Court Procedure Article 10 - Municipal Courts § 13-10-105. Municipal Judge - Appointment - Removal," accessed March 28, 2023
- ↑ 8.0 8.1 Colorado Judicial Branch, "Colorado Supreme Court," accessed March 28, 2023
- ↑ 9.00 9.01 9.02 9.03 9.04 9.05 9.06 9.07 9.08 9.09 9.10 Colorado Judicial Branch, "Judicial Nominating Commissions," accessed March 28, 2023
- ↑ 10.0 10.1 10.2 Colorado Judicial Branch, "What it takes to become a Judge," accessed March 28, 2023
- ↑ The Denver Post, "Colorado Supreme Court to impose term lengths for chief justice as current one retires," August 19, 2020
- ↑ Colorado Judicial Branch, "Court of Appeals," accessed March 28, 2023
- ↑ Colorado Judicial Branch, "What it takes to become a Judge," accessed March 28, 2023
- ↑ Colorado Judicial Branch, "Colorado Supreme Court," accessed March 28, 2023
- ↑ City and County of Denver, "Judicial Nominating Commission - Denver County Court," accessed March 28, 2023
- ↑ City of Sheridan, "Article 9: Municipal Court; Municipal Judge," accessed June 20, 2014
- ↑ Justia, "2022 Colorado Code Title 13 - Courts and Court Procedure Article 10 - Municipal Courts § 13-10-106. Qualifications of Municipal Judges," accessed March 28, 2023
- ↑ State of Colorado Judicial Branch, "In the Matter of Appointment of Water Judges," accessed January 1, 2014
- ↑ 7th Judicial District of Colorado, "Water Court," accessed June 20, 2014
- ↑ American Judicature Society, "History of Reform Efforts: Colorado," accessed October 2, 2014
- ↑ U.S. Courts, "FAQ: Federal Judges," accessed March 26, 2015
- ↑ American Bar Association, "Judicial Selection: The Process of Choosing Judges," accessed August 10, 2021
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
