Judicial Nominating Commission
Colorado Supreme Court Judicial Nominating Commission names finalists for Colorado Court of Appeals vacancy
The Colorado Supreme Court Judicial Nominating Commission has named the three finalists to fill a pending vacancy on the Colorado Court of Appeals, due to the resignation of Judge Robert Russel (effective 3 Nov 2012), as reported by Clear The Bench Colorado last month.
The three finalists (from whom Governor John Hickenlooper will select one) are:
Robert T. Fishman of Denver, Russell H. Granger of Georgetown, and Anthony Navarro of Denver.
- Fishman is an appeals attorney at Ridley McGreevy & Winocur in Denver; his experience includes having clerked for (former) Colorado Supreme Court Chief Justice Luis D. Rovira
- Granger is a currently district judge in the 5th Judicial District (formerly a Clear Creek County judge), and was most recently reviewed (and retained) in 2008.
- Navarro currently works in the office of general counsel at the Social Security Administration; he previously applied for the Colorado Court of Appeals in 2008 (endorsed at the time by the Colorado Hispanic Bar Association).
The governor has 15 days from Wednesday to select one of the three. Comments regarding any of the nominees may be sent via e-mail to the governor at judicial.appointments@state.co.us
Citizen participation in the judicial nominating commissions (either at the district level or statewide) is essential to ensuring that good judges – who understand that their role is to fairly and impartially uphold and apply the law – are elevated to judicial office, instead of more politicians in black robes.
This is particularly important in selecting the next statewide appellate court judges – many of whom all too frequently have exercised unrestrained power in violation of constitutional limits on their authority.
Our judicial system depends more than any other branch of government on public trust and confidence that the law is being applied fairly and impartially for all citizens – that our judges are fulfilling their proper roles as referees upholding the rules rather than players attempting to score for their “team’s” agenda.
Clear The Bench Colorado will, with your support, continue to promote transparency and accountability in the Colorado judiciary, informing the public to increase awareness of the substantial public policy implications of an unrestrained activism and political agendas in the courts. We will continue to work to educate voters and provide information of relevance related to the judicial branch, and to provide useful and substantive evaluations of judicial performance.
However, we can’t do it alone – we need your continued support; via your comments (Sound Off!) and, yes, your contributions. Freedom isn’t free -nor is it always easy to be a Citizen, not a subject.
Ultimately, though – it’s worth the effort.
Arapahoe County Court (18th Judicial District) Judge Nominees biographies released for public review
The names and short bios of 3 nominees to replace outgoing Arapahoe County Judge Valeria Spencer (resigning effective 10 August) have been released for public review and comment.
Public comments must be received no later than 20 August 2012 to be considered; submit comments via E-mail (subject: “Arapahoe County Court, Eighteenth Judicial District: Judicial Nominees”) to: judicial.appointments@state.co.us
As published in Law Week Online, the names of (and summary information on) the nominees are as follows:
The 18th Judicial District Nominating Commission named three candidates for a district court judgeship created by the resignation of Judge Valeria Spencer, effective Aug. 10, 2012. Nominees M. Paula Ashen of Centennial, Stephen Hensen of Littleton, and Theresa Slade of Elizabeth were selected by the commission on Aug. 6, 2012.
According to the State Supreme Court’s website, Ashen is a sole practitioner in Greenwood Village; Hensen practices with Murphy Decker Hensen & Cook-Olson; and Slade is a magistrate in the 18th Judicial District.
As required under the Colorado Constitution (Article VI, Section 20), vacancies for judicial office are filled by the governor from a list of nominees selected by the relevant judicial nominating commission (Colorado Constitution, Article VI, Section 24).
The Judicial Nominating Commissions – established by constitutional amendment in 1966 as a replacement for direct, contested elections of judges – are responsible for reviewing applications (and interviewing applicants) for those wishing to become judges under Colorado’s selection/retention system. As such, they are the first line of “vetting” prospective judicial officeholders – selecting nominees (usually a list of 3 names) from whom the governor picks to make the final appointment.
Unlike on the judicial review commissions – which are often heavily biased and politically unbalanced – there is a legal requirement for partisan balance on the nominating commissions: no more than 7 (at the statewide level) or 4 (at the judicial district level) may be registered as members of the same political party (there is no restriction on ideological leaning for unaffiliated or minor-party members), and at nominees for judicial office must receive at least one vote from commission members of a different party.
Once the nominating commissions have submitted their list of nominees to the governor,
The governor must select one of the nominees within 15 days after receiving the list of nominees. If the governor does not appoint someone within those 15 days, then the chief justice of the Colorado Supreme Court appoints one of those individuals to fill that vacancy. The judge so chosen serves an initial term of two years. The judge must then stand for retention at the next general election.
If retained by voters after serving an initial two-year term, state court judges serve the following terms: county court, four years; district court, six years; Court of Appeals, eight years; and Supreme Court, 10 years. All Colorado state judges must retire by age 72.
Citizen participation in the judicial nominating commissions (either at the district level or statewide) is essential to ensuring that good judges – who understand that their role is to fairly and impartially uphold and apply the law – are elevated to judicial office, instead of more politicians in black robes.
Clear The Bench Colorado will, with your support, continue to promote transparency and accountability in the Colorado judiciary, informing the public to increase awareness of the substantial public policy implications of an unrestrained activism and political agendas in the courts. We will continue to work to educate voters and provide information of relevance related to the judicial branch, and to provide useful and substantive evaluations of judicial performance.
However, we can’t do it alone – we need your continued support; via your comments (Sound Off!) and, yes, your contributions. Freedom isn’t free -nor is it always easy to be a Citizen, not a subject.
Ultimately, though – it’s worth the effort.
Colorado Supreme Court Nominating Commission seeks applicants for pending Colorado Court of Appeals vacancy
The Colorado Supreme Court Nominating Commission is soliciting applicants to fill a pending vacancy on the Colorado Court of Appeals, due to the resignation of Judge Robert Russel (effective 3 Nov 2012).
Any qualified elector of the state of Colorado who is not a convicted felon and has been licensed to practice law in the state for 5 years may apply to become a judge (Colorado Constitution, Article VI Section 8, Qualifications of Judges).
From the vacancy announcement, as reported by Law Week Colorado:
Application forms are available from the office of the ex-officio chair of the nominating commission, Chief Justice Michael L. Bender, 101 W. Colfax, Suite 800, Denver, CO 80202; and the office of the district administrator of any of the 22 judicial districts. Applications also are available at www.courts.state.co.us/Careers/Judge.cfm.
One original, signed application form, along with an identical copy of the application stored as a PDF file must be received by the ex-officio chair by 4 p.m. Tuesday, Aug. 28. Late applications will not be considered.
Any person wishing to suggest a candidate to fill the vacancy may do so by letter to be submitted to any member of the nominating commission, with a copy to the ex-officio chair, no later than Aug. 21.
Applications will be kept confidential, except that the nominating commission shall disclose the names, work addresses, and work telephone numbers of the three nominees submitted to the governor.
The Colorado Supreme Court Nominating Commission will convene 24-25 September 2012 to review all applications, interview selected applicants, then vote to select 3 nominees who will be submitted to the governor for appointment to the Court of Appeals. Once the 3 nominees have been selected, a public review and comment period is typically observed. (Current example: Montrose County Court vacancy)
Citizen participation in the judicial nominating commissions (either at the district level or statewide) is essential to ensuring that good judges – who understand that their role is to fairly and impartially uphold and apply the law – are elevated to judicial office, instead of more politicians in black robes.
This is particularly important in selecting the next statewide appellate court judges – many of whom all too frequently have exercised unrestrained power in violation of constitutional limits on their authority.
Our judicial system depends more than any other branch of government on public trust and confidence that the law is being applied fairly and impartially for all citizens – that our judges are fulfilling their proper roles as referees upholding the rules rather than players attempting to score for their “team’s” agenda.
Clear The Bench Colorado will, with your support, continue to promote transparency and accountability in the Colorado judiciary, informing the public to increase awareness of the substantial public policy implications of an unrestrained activism and political agendas in the courts. We will continue to work to educate voters and provide information of relevance related to the judicial branch, and to provide useful and substantive evaluations of judicial performance.
However, we can’t do it alone – we need your continued support; via your comments (Sound Off!) and, yes, your contributions. Freedom isn’t free -nor is it always easy to be a Citizen, not a subject.
Ultimately, though – it’s worth the effort.
Colorado Supreme Court Nominating Commission position open for 3rd Congressional District (attorneys only need apply)
The Colorado Judicial Branch, “[o]n behalf of Gov. John Hickenlooper, Attorney General John Suthers and Chief Justice Michael L. Bender,” recently announced
opening of the application period for a vacancy on the Supreme Court Nominating Commission.
Applications for the volunteer position, which must be filled by an attorney residing in the 3rd Congressional District, will be accepted until Aug. 3, 2012. There is no political party affiliation requirement for this vacancy.
Under Colorado’s “merit selection and retention” system of filling judicial offices, the judicial nominating commissions – at either the district level, or statewide – represent one of the few opportunities for Colorado citizens to have a say in the composition of our courts. In essence, the commissions are the means by which Citizens can become involved in choosing our judges.
At the district level (Colorado is divided into 22 judicial districts),
Each judicial district nominating commission consists of seven citizens residing in that judicial district. No more than four members can be from the same political party, and there must be at least one voting member from each county in the district. [Source: Colorado State Courts, Judicial Nominating Commissions]
At the statewide level (including both the Colorado Supreme Court and Court of Appeals),
The Supreme Court Nominating Commission recommends candidates to serve as judges for the Supreme Court and the Court of Appeals. The chief justice of the Supreme Court chairs the commission and is a non-voting member. This commission includes one citizen admitted to practice law in Colorado and one citizen not admitted to practice law residing in each of the state’s seven congressional districts, and one additional citizen not admitted to practice law in Colorado. [Total of 15 commissioners] (Source: Judicial Nominating Commissions)
From the press release:
Article VI, Section 24 of the Colorado Constitution requires that for any nominating commission, “no more than one-half of the commission members plus one, exclusive of the Supreme Court justice serving as ex officio chair, shall be members of the same political party.” The Constitution also requires that at least one commissioner reside in each of the counties of the district. Applicants must reside in the judicial district – or, for the Supreme Court Nominating Commission, the Congressional District – to which they are applying for appointment.
Application forms may be found on the Colorado Judicial Department web site at http://www.courts.state.co.us/Courts/Supreme_Court/Nominating.cfm. Completed application forms may be mailed to Cheryl Stevens, Colorado Supreme Court, 101 W. Colfax, Suite 800, Denver, CO 80202. They also may be sent via email to cheryl.stevens@judicial.state.co.us.
Citizen participation in the judicial nominating commissions (either at the district level or statewide) is essential to ensuring that good judges – who understand that their role is to fairly and impartially uphold and apply the law – are elevated to judicial office, instead of more politicians in black robes.
This is particularly important in selecting the next Colorado Supreme Court justices – who all too frequently have exercised unrestrained power in violation of constitutional limits on their authority.
Our judicial system depends more than any other branch of government on public trust and confidence that the law is being applied fairly and impartially for all citizens – that our supreme court justices are fulfilling their proper roles as referees upholding the rules rather than players attempting to score for their “team’s” agenda.
Clear The Bench Colorado will, with your support, continue to promote transparency and accountability in the Colorado judiciary, informing the public to increase awareness of the substantial public policy implications of an unrestrained activism and political agendas in the courts. We will continue to work to educate voters and provide information of relevance related to the judicial branch, and to provide useful and substantive evaluations of judicial performance.
However, we can’t do it alone – we need your continued support; via your comments (Sound Off!) and, yes, your contributions. Freedom isn’t free -nor is it always easy to be a Citizen, not a subject.
Ultimately, though – it’s worth the effort.
Montrose County Court (7th Judicial District) Judge Nominees biographies released for public review
The names and short bios of 3 nominees to replace outgoing Montrose County Judge Jerry Montgomery (who resigned last month) have been released by the governor’s office for public review and comment.
Public comments must be received no later than 3PM on 2 August 2012 to be considered; submit comments via E-mail (subject line “Montrose County Court, Seventh Judicial District: Judicial Nominees”) to: judicial.appointments@state.co.us
As published in Law Week Online, the names (and short bios) of the nominees are as follows:
Bennet Morris:
Bennet Morris currently works as the Senior Assistant City Attorney for the city of Montrose. A position he has held since 2003. In his position Mr. Morris provides a range of legal advice to the City Council, senior staff, the Planning Commission, and other city boards. Prior to his work at the City Attorney’s Office Mr. Morris worked as an indemnity and claims evaluator at the Land Title Guarantee Company. As the examiner, Mr. Morris preformed chain of title searches and examined lender short form files. Mr. Morris received his undergraduate degree from the University of Cincinnati in 1997 and earned his Juris Doctorate from the University of Idaho in 2001.
Seth Ryan:
Seth Ryan currently works as the Deputy District Attorney in the Seventh Judicial District, a position he has held since 2007. Prior to his work at the District Attorney’s Office Mr. Ryan worked as a solo practitioner where he focused on real estate transactions and litigation, as a special assistant for the Jefferson County Attorney’s Office, and as corporate counsel for Swinging Door Liquors. Mr. Ryan received his undergraduate degree from Metropolitan State College in 1994, and earned his Juris Doctorate from the University of Denver in 1997.
Jason Wilson:
Jason Williams currently works as the Deputy District Attorney for the Seventh Judicial District, a position he has held since 2011. As Deputy District Attorney, Mr. Wilson focuses on misdemeanor criminal cases in the Montrose County Court. Prior to his time as Deputy District Attorney, Mr. Wilson worked for Delman & Hotsenpiller, a small general practice firm focusing on civil and criminal litigation. Mr. Williams received his undergraduate degree from Colorado State University in 1993, and he earned his Juris Doctorate from the Willamette School of Law in 1999.
As required under the Colorado Constitution (Article VI, Section 20), vacancies for judicial office are filled by the governor from a list of nominees selected by a judicial nominating commission (Colorado Constitution, Article VI, Section 24).
The Judicial Nominating Commissions – established by constitutional amendment in 1966 as a replacement for direct, contested elections of judges – are responsible for reviewing applications (and interviewing applicants) for those wishing to become judges under Colorado’s selection/retention system. As such, they are the first line of “vetting” prospective judicial officeholders – selecting nominees (usually a list of 3 names) from whom the governor picks to make the final appointment.
Unlike on the judicial review commissions – which are often heavily biased and politically unbalanced – there is a legal requirement for partisan balance on the nominating commissions: no more than 7 (at the statewide level) or 4 (at the judicial district level) may be registered as members of the same political party (there is no restriction on ideological leaning for unaffiliated or minor-party members), and at nominees for judicial office must receive at least one vote from commission members of a different party.
Once the nominating commissions have submitted their list of nominees to the governor,
The governor must select one of the nominees within 15 days after receiving the list of nominees. If the governor does not appoint someone within those 15 days, then the chief justice of the Colorado Supreme Court appoints one of those individuals to fill that vacancy. The judge so chosen serves an initial term of two years. The judge must then stand for retention at the next general election.
If retained by voters after serving an initial two-year term, state court judges serve the following terms: county court, four years; district court, six years; Court of Appeals, eight years; and Supreme Court, 10 years. All Colorado state judges must retire by age 72.
Citizen participation in the judicial nominating commissions (either at the district level or statewide) is essential to ensuring that good judges – who understand that their role is to fairly and impartially uphold and apply the law – are elevated to judicial office, instead of more politicians in black robes.
Clear The Bench Colorado will, with your support, continue to promote transparency and accountability in the Colorado judiciary, informing the public to increase awareness of the substantial public policy implications of an unrestrained activism and political agendas in the courts. We will continue to work to educate voters and provide information of relevance related to the judicial branch, and to provide useful and substantive evaluations of judicial performance.
However, we can’t do it alone – we need your continued support; via your comments (Sound Off!) and, yes, your contributions. Freedom isn’t free -nor is it always easy to be a Citizen, not a subject.
Ultimately, though – it’s worth the effort.
Colorado Governor fills Judicial Nominating Commissions
Colorado’s Governor filled vacancies on Colorado’s statewide and 3rd Judicial District Judicial Nominating Commissions earlier this week.
According to information released by the governor’s office,
The 3rd Judicial District Judicial Nominating Commission selects nominees for district and county judicial vacancies. The commission is chaired by a justice of the Supreme Court, who is a non-voting member of the commission and consists of seven citizens residing in that judicial district. The members appointed for terms expiring Dec. 31, 2017:
- James S. Colt of Trinidad, to serve as a non-attorney and as a Republican member from Las Animas County.
- Raymond M. McMillan of Trinidad, to serve as a non-attorney and as a Democrat member from Las Animas County.
- Sisto J. Mazza of Trinidad, to serve as an attorney and as a Democrat member from Las Animas County.
The Supreme Court Judicial Nominating Commission recommends candidates to serve as judges for the Supreme Court and the Court of Appeals. The chief justice of the Supreme Court chairs the commission and is a non-voting member. The member appointed for a term expiring Dec. 31, 2017:
- Scott C. Johnson of Greeley, to serve as an attorney and as an Unaffiliated member from the 4thCongressional District.
The Judicial Nominating Commissions – established by constitutional amendment in 1966 as a replacement for direct, contested elections of judges – are responsible for reviewing applications (and interviewing applicants) for those wishing to become judges under Colorado’s selection/retention system. As such, they are the first line of “vetting” prospective judicial officeholders – selecting nominees (2 or 3, depending on the level of court) from whom the governor picks to make the final appointment.
The Supreme Court Judicial Nominating Commission – which recommends candidates to serve as judges for the Supreme Court and the Court of Appeals – consists of one citizen admitted to practice law in Colorado and one citizen not admitted to practice law residing in each of the state’s seven congressional districts, and one additional citizen not admitted to practice law in Colorado, for a total of 15 members. The commissioners serve 6-year terms.
Unlike on the judicial review commissions – which are often heavily biased and politically unbalanced – there is a legal requirement for partisan balance on the nominating commissions: no more than 7 (at the statewide level) or 4 (at the judicial district level) may be registered as members of the same political party (there is no restriction on ideological leaning for unaffiliated or minor-party members), and at nominees for judicial office must receive at least one vote from commission members of a different party.
Once the nominating commissions have submitted their list of nominees to the governor,
The governor must select one of the nominees within 15 days after receiving the list of nominees. If the governor does not appoint someone within those 15 days, then the chief justice of the Colorado Supreme Court appoints one of those individuals to fill that vacancy. The judge so chosen serves an initial term of two years. The judge must then stand for retention at the next general election.
If retained by voters after serving an initial two-year term, state court judges serve the following terms: county court, four years; district court, six years; Court of Appeals, eight years; and Supreme Court, 10 years. All Colorado state judges must retire by age 72.
Clear The Bench Colorado will, with your support, continue to promote transparency and accountability in the Colorado judiciary, informing the public to increase awareness of the substantial public policy implications of an unrestrained activism and political agendas in the courts. We will continue to work to educate voters and provide information of relevance related to the judicial branch, and to provide useful and substantive evaluations of judicial performance.
However, we can’t do it alone – we need your continued support; via your comments (Sound Off!) and, yes, your contributions. Freedom isn’t free -nor is it always easy to be a Citizen, not a subject.
Ultimately, though – it’s worth the effort.
Governor Hickenlooper selects JeffCo Judge Brian Boatright as next Colorado Supreme Court justice
Colorado Governor John Hickenlooper announced this morning his selection of Jefferson County District Court Judge Brian Boatright (1st Judicial District) to become the next Colorado Supreme Court justice. Judge Boatright replaces departing Justice Alex Martinez, who is resigning to take a “city job” as Denver Manager of Safety (after being retained in office only last year, albeit with the lowest – 59% – percentage of “retain” votes ever received by an incumbent Colorado Supreme Court justice).
Governor Hickenlooper selected Judge Boatright from among three finalists selected by the Colorado Supreme Court Nominating Commission (announced earlier this month). Judge Boatright was the only one of the three with any judicial experience (having served as a trial court judge for the over a decade) and will be only one of two Colorado Supreme Court justices with experience as a trial court judge once he joins the state’s highest court.
Judge Boatright comes to the Colorado Supreme Court with a broad range of experience, respect from both peers and other persons coming before his court, and strong endorsements from his application packet’s letters of reference and recommendation.
Most encouragingly, Judge Boatright’s statements at this morning’s press conference announcing his appointment, and in a previous interview (published only yesterday in the Denver Post) appear to indicate that he understands that the proper role of the judiciary is to uphold the law as written and “gets it” when it comes to the qualities that make a “good” judge.
Yesterday’s Denver Post, “Colorado Supreme Court justice finalists from diverse political backgrounds” included the following:
“Your job is to follow the law and apply the law regardless of how you personally feel,” he said. “You can’t have decisions based on personal whims of the judges. It’s got to be based on what the law is. It gives predictability to society; it gives confidence in the system.”
Judge Boatright’s statement this morning, as reported by the Post’s Jessica Fender (“Boatright brings family law expertise, “intangibles” to Colorado Supreme Court“) continues in the same vein:
“I will always do my best to serve the citizens and apply the law as written,” Boatright said.
Of course, even the best of people can succumb to the temptations of power (which is why elected and appointed officials must be held accountable by a watchful citizenry), but initial indications are that Governor Hickenlooper chose wisely, and that Judge Boatright will likely continue to serve Colorado well as Justice Boatright.
In any event, Clear The Bench Colorado will be watching.
Clear The Bench Colorado will, with your support, continue to promote transparency and accountability in the Colorado judiciary, informing the public to increase awareness of the substantial public policy implications of an unrestrained activism and political agendas in the courts. We will continue to work to educate voters and provide information of relevance related to the judicial branch, and to provide useful and substantive evaluations of judicial performance.
However, we can’t do it alone – we need your continued support; via your comments (Sound Off!) and, yes, your contributions. Freedom isn’t free -nor is it always easy to be a Citizen, not a subject.
Ultimately, though – it’s worth the effort.
Colorado Supreme Court Justice Nominees Profiled
The three nominees selected a week ago by the Colorado Supreme Court Nominating Commission (Judge Brian Boatright, attorneys Frederick Martinez and Patrick O’Rourke) were each interviewed Friday by Governor John Hickenlooper, and earlier today (Monday) by Lt. Governor Joe Garcia. Governor Hickenlooper, who has the final say on which of the three will be appointed as the next Colorado Supreme Court justice (replacing resigning Justice Alex Martinez, resigning to take a “city job” as Denver Manager of Safety) is expected to announce his pick later in the week (no later than Friday October 28th, or the pick will fall to Colorado Supreme Court Chief Justice Michael Bender, according to the provisions of Colorado Constitution, Article VI (Judiciary), Section 20).
If the governor shall fail to make the appointment (or all of the appointments in case of multiple vacancies) from such list within fifteen days from the day it is submitted to him, the appointment (or the remaining appointments in case of multiple vacancies) shall be made by the chief justice of the supreme court from the same list within the next fifteen days.
The selection of three finalists by the Colorado Supreme Court Nominating Commission after reviewing applications and interviewing candidates over the last couple of weeks represents the sole “check” or “balance” to the power of the governor to select and appoint judges in our state (unlike the system for appointing federal judges, there is no “advise & consent” function exercised by the state legislature).
(Click here to know more about how individuals are selected & appointed to judicial office in Colorado)
Governor Hickenlooper, to his credit, followed the precedent recently established by former Governor Bill Ritter in accepting public input on the 3 nominees to become the next Colorado Supreme Court justice (soliciting E-mails to judicial.appointments@state.co.us with your comments, concerns, or suggestions).
Also following recently established precedent (established for the first time earlier this year), the Denver Post published a profile of the nominees for this important public office (Sunday edition 23 October, “Hickenlooper to choose new Supreme Court justice“).
Until recently, the most information available to the public would have been the names of the finalists – a situation lacking in the transparency and accountability the public has every right to expect in relation to holding public office. Clear The Bench Colorado has been among the leaders calling for reform in the judicial selection and nomination process (”No More Secrecy in Colorado Supreme Court judicial hiring“), as noted in last year’s Denver Post article on replacing Mullarkey:
These are people who are auditioning to become government employees occupying some of the highest offices in the state about which there is no knowledge or public input or transparency or accountability,” Arnold said. “I would certainly urge the legislature to take a look at this…
For only the second time in state history, additional information on the nominees (including the public portion of their applications) is available to the public for review. Law Week Colorado has again made the applications available for view (”State Releases Applications Of Finalists For Colorado’s High Court“).
Unfortunately, although the Denver Post profile of the nominees provides a (brief) overview of the respective professional accomplishments of each of the nominees, and some anecdotal insights into their personalities, it does little to illuminate the qualifications each brings to the state’s highest judicial office. Although one of these three individuals will be elevated into a position of “supreme” power to interpret and apply the law, the public is provided no insight into their judicial philosophy or decision-making process. Particularly when only one of the nominees has ever served as a judge at any level, do they understand and will they exemplify the qualities that make a good judge? Will they exercise judicial power fairly and impartially, and with appropriate restraint?
The governor’s decision – which of these three nominees he ultimately appoints to the Supreme Court – will have deep and lasting implications for the state, perhaps greater than any other decision he makes. May he choose wisely…
In any event, Clear The Bench Colorado will be watching.
Clear The Bench Colorado will, with your support, continue to promote transparency and accountability in the Colorado judiciary, informing the public to increase awareness of the substantial public policy implications of an unrestrained activism and political agendas in the courts. We will continue to work to educate voters and provide information of relevance related to the judicial branch, and to provide useful and substantive evaluations of judicial performance.
However, we can’t do it alone – we need your continued support; via your comments (Sound Off!) and, yes, your contributions. Freedom isn’t free -nor is it always easy to be a Citizen, not a subject.
Ultimately, though – it’s worth the effort.
Finalists for Colorado Supreme Court vacancy announced: Boatright, Martinez, or O’Rourke will be next Colorado ‘Supreme’
Announced with much less fanfare Thursday (a short article buried in the Denver Post, “Finalists named for Colorado Supreme Court” and in the Denver Business Journal online, “3 finalists named for Colorado Supreme Court seat“) than last year’s front-page article announcing the finalists to replace outgoing Chief Justice Mary Mullarkey (”Three finalists emerge for Colorado Supreme Court vacancy“), the names and applications of the finalists to replace outgoing Justice Alex Martinez, resigning to take a “city job” as Denver Manager of Safety, were released to the public.
The selection of three finalists by the Colorado Supreme Court Nominating Commission after reviewing applications and interviewing candidates over the last couple of weeks represents the sole “check” or “balance” to the power of the governor to select and appoint judges in our state (unlike the system for appointing federal judges, there is no “advise & consent” function exercised by the state legislature).
(Click here to know more about how individuals are selected & appointed to judicial office in Colorado)
Under the Colorado Constitution, Article VI (Judiciary), Section 20, the governor has 15 days from the announcement of the commission’s nominees (so, until 28 October) to pick one of the three, or the Chief Justice (Michael Bender) makes the pick:
If the governor shall fail to make the appointment (or all of the appointments in case of multiple vacancies) from such list within fifteen days from the day it is submitted to him, the appointment (or the remaining appointments in case of multiple vacancies) shall be made by the chief justice of the supreme court from the same list within the next fifteen days.
Last year, to his credit, former Governor Bill Ritter solicited public input on the three nominees to become the next Colorado Supreme Court justice (soliciting E-mails to judicial.appointments@state.co.us with your comments, concerns, or suggestions); it remains to be seen if Governor Hickenlooper will seek the same level of public participation before he (on 21 October) and Lt. Governor Garcia (on 24 October) interviews the nominees in person.
So who are the three nominees?
Until recently, the most information available to the public would have been the names of the finalists – a situation lacking in the transparency and accountability the public has every right to expect in relation to holding public office. Clear The Bench Colorado has been among the leaders calling for reform in the judicial selection and nomination process (”No More Secrecy in Colorado Supreme Court judicial hiring“), as noted in last year’s Denver Post article on replacing Mullarkey:
These are people who are auditioning to become government employees occupying some of the highest offices in the state about which there is no knowledge or public input or transparency or accountability,” Arnold said. “I would certainly urge the legislature to take a look at this…
For only the second time in state history, additional information on the nominees (including the public portion of their applications) is available to the public for review. Law Week Colorado has again made the applications available for view (“State Releases Applications Of Finalists For Colorado’s High Court“).
In alphabetical order, the nominees for the next Colorado Supreme Court justice are:
- Brian Boatright, a Jefferson County District Court Judge, from Arvada
(Work address/phone: 100 Jefferson County Parkway, Golden CO 80031/(303) 271-6433) - Frederick Martinez, an attorney with Hall & Evans, from Castle Pines
(Work address/phone: 1125 17th Street, Suite 600, Denver CO 80202/(303) 628-3302) - Patrick O’Rourke, chief litigation attorney for the University of Colorado, from Highlands Ranch
(Work address/phone: 1800 Grant Street, Suite 800, Denver CO 80203/(303) 860-5691)
Interestingly, only one of the nominees (Judge Boatright) has any experience in judicial office, as a District Court judge in Jefferson County (1st Judicial District). (In comparison, the nominees to replace outgoing Chief Justice Mary Mullarkey, who quit rather than be held accountable by Colorado voters, included an Appeals Court judge, a District Court judge, and an assistant Attorney General). Attorney Frederick Martinez has worked on the Office of Attorney Regulation Council (the arm of the Colorado Supreme Court responsible for reviewing ethics complaints and charges against attorneys) and as a public defender, in addition to general litigation. Attorney Patrick O’Rourke has been the chief litigator for the University of Colorado, and has argued several high-profile cases such as Ward Churchill’s “1st Amendment retaliation” claims against CU (in district court) and the recent CU Gun Ban case (before the Colorado Supreme Court). Former litigators would of course have to recuse themselves from any case (including appeals of those cases) they have represented.
Our view: Citizen participation in the judicial nominating process (at both the district and state levels) is essential to ensuring that good judges – who understand that their role is to fairly & impartially uphold and apply the law – are elevated to hold judicial office, instead of more politicians in black robes.
This is particularly important in selecting the next Colorado Supreme Court justices – who all too frequently have exercised unrestrained power in violation of constitutional limits on their authority.
Our judicial system depends more than any other branch of government on public trust and confidence that the law is being applied fairly and impartially for all citizens – that our supreme court justices are fulfilling their proper roles as referees upholding the rules rather than players attempting to score for their “team’s” agenda.
Clear The Bench Colorado will, with your support, continue to promote transparency and accountability in the Colorado judiciary, informing the public to increase awareness of the substantial public policy implications of an unrestrained activism and political agendas in the courts. We will continue to work to educate voters and provide information of relevance related to the judicial branch, and to provide useful and substantive evaluations of judicial performance.
However, we can’t do it alone – we need your continued support; via your comments (Sound Off!) and, yes, your contributions. Freedom isn’t free -nor is it always easy to be a Citizen, not a subject.
Ultimately, though – it’s worth the effort.
Colorado Supreme Court Nominating Commission fills vacancy, set to review applications to replace resigning Justice Martinez
Although three more vacancies will open on Colorado’s Supreme Court Nominating Commission (along with 42 other vacancies on judicial district nominating commissions across the state) when the terms of several current commissioners expire, the appointment last week of Ira J. Paulin to fill the non-attorney slot from the 4th Congressional District fills the final vacancy before the commission begins reviewing applications (beginning October 3rd) to replace outgoing Justice Alex Martinez, who announced at the end of August that he is resigning to take the job of Denver Manager of Safety.
Another vacancy (the attorney slot from the 7th Congressional District) was recently filled (by joint action of Governor John Hickenlooper, Attorney General John Suthers, and Chief Justice Michael Bender) by Deputy District Attorney Charles Tingle of Jefferson County.
(H/T to Law Week Colorado for covering the news of these recent appointments and profiling the current members of the Commission (”Meet Those Who Will Help Select Colorado’s Next Justice“)
The resignation of Justice Alex Martinez, who was retained in office last November with 59.2% of the vote (the lowest percentage of “retain” votes received by an incumbent supreme court justice in state history) will provide Governor Hickenlooper with his first opportunity to select a state supreme court justice, once the commission pares down the list of applicants to three “finalists” from which he’ll make the final pick. Governor Hickenlooper’s Colorado Supreme Court appointment will not only provide some insight into the governor’s views on judicial philosophy and the rule of law, but also provide a preview of the likely direction of the state’s highest court.
Will Governor Hickenlooper reinforce the stated desire of new Chief Justice Michael Bender to “de-politicize” the court (responding to criticism of the court’s performance by Clear The Bench Colorado and other observers) or will he succumb to the temptation to place another partisan, activist judge in the mold of disgraced former Chief Justice Mary Mullarkey on the bench?
Only time (and the announcement of the Nominating Commission’s selection of three “finalists”) will tell.
Citizen participation in the judicial nominating commissions (either at the district level or statewide) is essential to ensuring that good judges – who understand that their role is to fairly & impartially uphold and apply the law – are elevated to hold judicial office, instead of more politicians in black robes.
This is particularly important in selecting the next Colorado Supreme Court justices – who all too frequently have exercised unrestrained power in violation of constitutional limits on their authority.
Our judicial system depends more than any other branch of government on public trust and confidence that the law is being applied fairly and impartially for all citizens – that our supreme court justices are fulfilling their proper roles as referees upholding the rules rather than players attempting to score for their “team’s” agenda.
Clear The Bench Colorado will, with your support, continue to promote transparency and accountability in the Colorado judiciary, informing the public to increase awareness of the substantial public policy implications of an unrestrained activism and political agendas in the courts. We will continue to work to educate voters and provide information of relevance related to the judicial branch, and to provide useful and substantive evaluations of judicial performance.
However, we can’t do it alone – we need your continued support; via your comments (Sound Off!) and, yes, your contributions. Freedom isn’t free -nor is it always easy to be a Citizen, not a subject.
Ultimately, though – it’s worth the effort.