how do judges get picked?
When a Judicial Vacancy becomes open in a district or a county, the Governor of Colorado has Constitutional authority to appoint a judge. Colo. Const. Article VI, Section 20.
WE DO NOT VOTE TO APPOINT JUDGES IN COLORADO.
Simply put, Judges are NOT elected officials.
When there is a need to fill a judicial vacancy in a particular district, the Governor will utilize the Judicial Nominating Commission of each district. This is a Constitutionally-created Commission that is supposed to consist of a justice of the supreme court (as chairman ex officio) who has no vote and seven citizens residing in the judicial district where the vacancy is being filled. There are requirements aside from residency. One of the key issues is that no more than four of the seven individuals can be from the same political party and there must be at least one voting member of each county in the district. In addition, in districts with less than 35,000 inhabitants (like the 22nd Judicial District), there must be at least four non-lawyers on the panel. Colo. Const. Article VI, Section 24(3). The terms for appointment to the Judicial Nominating Commission run for six years.
WE HAVE NO SAY IN WHO GETS SELECTED TO “RULE” OVER US.
Roster and application to apply to be appointed located at:
https://www.coloradojudicial.gov/supreme-court/judicial-nominating-commissions
IS THE 22ND JUDICIAL DISTRICT NOMINATING COMMISSION CURRENTLY ADHERING TO THE CONSTITUTIONAL REQUIREMENTS? IF NOT, DO THEY HAVE AUTHORITY TO MEET AND NOMINATE A JUDGE?
NO, THEY ARE NOT IN COMPLIANCE WITH THE STATE REQUIREMENTS. THIS IS A CONCERN AS A NUMBER OF JUDGES HAVE BEEN APPOINTED RECENTLY WITHOUT A FULL COMMISSION. THE CONSTITUTION IS SILENT AS TO WHAT HAPPENS WHEN THE REQUIREMENTS FOR THE JUDICIAL NOMINATING COMMISSION ARE NOT MET. THEY COULD EASILY GET IN COMPLIANCE BY APPOINTING A NON-LAWYER, NON-DEMOCRAT FROM DOLORES COUNTY. AS OF MARCH 2025, THEY HAVE CONTINUED TO REMAIN OUT OF COMPLIANCE TO THE BEST OF OUR KNOWLEDGE.
WHO IS ON THE 22ND JUDICIAL DISTRICT JUDICIAL NOMINATING COMMISSION AS OF MARCH 12, 2025? ARE WE MEETING THE CONSTITUTIONAL CRITERIA?
REMEMBER- A Judicial Nominating Commission Must Have:
SEVEN MEMBERS WHO ALL RESIDE IN THE DISTRICT,
AT LEAST ONE FROM EACH COUNTY (MONTEZUMA AND DOLORES)
NO MORE THAN FOUR IN THE SAME POLITICAL PARTY
NO MORE THAN FOUR LAWYERS.
The Judicial Nominating Commission in the 22nd Judicial District currently consists of the following individuals:
what does the nominating commission do in their quest to select a new judge for the county or the district?
They review applicants who have submitted for consideration to be appointed judge. In doing so, they may interview the candidates, review their professional record, and assess whether the individual(s) should be submitted to the Governor for consideration. This process has been around since 1966, when Colorado voters voted to remove their option to select their own judges and give that authority to the governor through these Commissions. When the Commission has selected potential candidates, they must give the Governor at least two options. The Governor has fifteen (15) days after he receives potential candidates to make a choice. In doing so, the Governor can also inquire of others outside of the commission (i.e. references) about the candidate’s fitness for judicial office.
can i provide input to the nominating commission before they make a decision on potential judges?
NO, These commission meetings are not open to the public; however, once a Nominating Commission has made its selections and forwarded those to the Governor, you absolutely have the right to notify the governor of your thoughts on his choice, provided that the information about the selections is made public. Often the information is posted on the State Court’s website but it won’t be found in your local paper. So if you want to know who the picks are, you have to be paying attention. And if you want the Governor to know you don’t approve, make sure you get your dissent in front of him prior to the expiration of the 15-day time window. The author of this website HIGHLY recommends you send the Governor an email to make sure it gets there on time. The email address she has used is:
gov_judicialappointments@state.co.us
If a nominated judge is doing a bad job, can the nominating commission recall them?
NO. Once the nominations are submitted, the Commission’s work is done until the next vacancy arises. In order to remove a bad judge, the Colorado citizens either have to utilize the Judicial Performance Commission and spread public awareness or Judicial Discipline proceedings must be initiated.