Colorado Supreme Court

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The Colorado Supreme Court is the state's court of last resort. Its decisions are binding on all other Colorado state courts. The actions of this court are also tracked by the Colorado Civil Justice League.

Colorado State Judicial Building

2 East 14th Avenue, Fourth Floor

Denver, CO 80203

The Supreme Court is composed of seven justices who serve ten-year terms. The Chief Justice is selected from the membership of the body and serves at the pleasure of a majority of the justices. The Chief Justice also serves as the executive head of the Colorado Judicial System and is the ex-officio chair of the Supreme Court Nominating Commission. The Chief Justice appoints the Chief Judge of the Court of Appeals and the Chief Judge of each of the state's 22 judicial districts, and is vested with the authority to assign judges (active or retired) to perform judicial duties.

Requests to review decisions of the Colorado Court of Appeals constitute a majority of the Supreme Court's filings. The Supreme Court also has direct appellate jurisdiction over cases in which a statute has been 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. All of these appeals are filed directly with the Supreme Court, and, in these cases bypass the Court of Appeals. The Supreme Court also has exclusive jurisdiction to promulgate rules governing practice and procedure in civil and criminal actions.

The Colorado Supreme Court also has a number of standing committees for the review of various subjects.

In 2012 the Equal Justice Foundation began a rating system of justices standing for retention based on the votes of attorneys who submit responses to surveys sent to them by the Judicial Performance Review Commission. The idea was first put forward by the Rocky Mountain News in an October 13, 2002, editorial. Whether a “Retain” or “Do Not Retain” is recommended is based on the criteria:

Retain: More than 85% of attorneys voted to retain;

Marginal: in 2012 the standard was that only 80-85% of attorneys voted to retain. In 2014 review this was broadened to 75-85% and in 2018 the standard was expanded again to 71-85% of attorneys voted to retain;

Do Not Retain: In 2012 the standard was less than 80% of attorneys voted to retain. In 2014 review this was changed to <75% of attorneys voted to retain and in 2018 this was lowered even further to less than or equal <=70% suggesting judicial standards continue to decline.


 

Attorney discipline

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Colorado's attorneys are licensed and disciplined by the Supreme Court. The court's attorney regulation system, funded by attorney registration fees, polices the profession. In addition, the court oversees the State Court Administrator, Board of Continuing Legal Education, Board of Law Examiners, Commission on Judicial Discipline, and Unauthorized Practice of Law Committee.

Findings and opinions are printed monthly by the Colorado Lawyer (click on month of interest then scroll down to Colorado Disciplinary Cases). The actions published are only those cases in which Disciplinary Counsel has taken formal action. To view attorney discipline involving diversion and private admonitions online you must be a member of the Colorado Bar Association.

To find out how many grievances are filed against an attorney you may be concerned about, call the Attorney Regulatory Board at (303) 893-8121 and specifically ask how many complaints were filed against that lawyer. They will give that information on the phone but it is not published. The Equal Justice Foundation also maintains a list of attorneys that members have complained about, in addition to lists of attorneys who have been recommended to us.

In practice Disciplinary Counsel acts primarily as an attorney protective association with only rare cases known where unethical or incompetent attorneys are taken to task, i.e, the attorney was convicted of a federal or state felony. Even in the rare cases where disciplinary action is taken, it seldom amounts to more than a slap on the wrist and the weak disciplinary action is usually kept confidential.


 
    Table 14: Colorado Supreme Court

Name of Judge

Telephone

Case Links

Comments

En Banc

(the whole court)

 

A 2019 memo details allegations of widespread judicial misconduct. The memo was from Mindy Masias, former chief of staff of Supreme Court administrator's office, who was battling to prevent herself from being fired for financial improprieties related to her travel expenditures.

 

03 SC 751

In move-away mom case found that a single mother has the right to live wherever she chooses irrespective of father's or children's wishes.

04 SA 178

In People v. Turner found that a defendant in a criminal domestic violence case had no right to obtain documentation of what was probably subornation of perjury against him.

07SC1088

On February 16, 2010, the Colorado Supreme Court held that evidence of a sexual relationship is not necessary to establish the existence of an intimate relationship when a man is charged with domestic abuse or violence.

A February 2021 editorial in the Denver Post states that Colorado voters should prepare to force change upon a branch of government that operates in an unaccountable silo.

Michael L. Bender

Former Chief Justice

 

Retired January 7, 2014.

 

Appointed Jan 2,1997

Stood for retention in 2000. 80% Retain.

Stood for retention in 2010. 82% Retain.

Elected chief justice by other justices November 10, 2010.

Maria E. Berkenkotter

(720) 625-5420

 

Appointed in January 2021 by Gov. Polis. Formerly chief judge in the 20th Judicial District. Replaced Nathan Coats.

Stood for retention in 2024.

EJF recommendation: Retain

91% of attorneys voted to Retain but 9% voted Do Not Retain.

Brian Boatright

former Chief Justice

term ended July 29, 2024

(720) 625-5410

 

Appointed by Gov. Hickenlooper in October 2011. Formerly district judge in First Judicial District. Replaced Alex Martinez.

Stood for retention in 2014 66% Retain.

EJF recommends Do Not Retain

Elected chief justice in September 2020 by other justices. Effective in January 2021 and term ended in July 2024.

Stood for retention in 2024.

EJF recommendation: Marginal

Just 79% of attorneys voted in favor of retention.

Judicial Discipline Commission reported that the Supreme Court, and Judge Boatright in particular, lied, misled, misinformed public during its investigation of judicial misconduct that began under Judge Coats.

Nathan B. Coats

former Chief Justice

 

Censured for his handling of a multi-million dollar contract to the departments chief of staff in exchange for her silence on misconduct allegations against judges and other court employees.

 

Retired January 2021 upon reaching mandatory age limit of 72.

 

Appointed April 24, 2000

Stood for retention in 2002. 87% Retain.

Stood for retention in 2012.

EJF recommends Do Not Retain

Attorneys 75% Retain, 25% Do Not Retain

Elected Chief Justice by other justices effective June 30, 2018.

Allison H. Eid

 

Accepted position as Circuit Judge for the U.S. 10 th Circuit Court of Appeals November 2, 2017.

 

Appointed February 15,2006 by Gov. Owens to replace Kourlis.

Stood for retention in 2008. 91% Retain.

Richard L. Gabriel

(720) 625-5440

 

Promoted to Colorado Supreme Court by Gov. Hickenlooper in June 2015.

Appointed to Court of Appeals April 30, 2008 by Gov. Ritter.

Stood for retention as Appeals Court judge in 2010. 89% Retain.

Stood for retention as Supreme Court Judge in 2018.

EJF recommendation: Retain

98% of attorneys voted to Retain in his new position. Only 2% voted against him.

Melissa Hart

(720) 625-5430

 

Appointed by Gov. Hickenlooper December 14, 2017. Formerly professor at Univ. of Colorado Law School. No prior experience as a judge.

Stood for retention in 2020.

EJF recommendation: Retain

90% of attorneys voted to Retain in her new position. Only 5% voted against her.

Gregory J. Hobbs, Jr.

 

Retired September 1, 2015 but as of September 2020 remains a senior judge. Gabriel replaced him.

 

Appointed April 18,1996

Stood for retention in 1998. 92% Retain.

Stood for retention in 2008. 91% Retain.

William W. Hood III

(720) 625-5400

 

Gov. Hickenlooper promoted him to Colorado Supreme Court in January 2014.

Appointed district court judge May 2007 in Second Judicial District.

Replaced John N. McMullen

Stood for retention as district judge in 2010. 98% Retain.

Stood for retention as Supreme Court justice in 2016.

EJF recommendation: Marginal

81% of attorneys voted to Retain, 9% Do Not Retain, 10% no comment.

Rebecca Love Kourlis

 

Resigned January 10, 2006

 

Appointed May 1995.

Stood for retention in 1998. 94% Retain.

Monica M. Marquez

Chief Justice

term began August 1, 2024

(720) 625-5450

 

Appointed September 8, 2010, by Gov. Bill Ritter. Lesbian Latina with no prior judicial experience.

Stood for retention in 2014

EJF recommendation: Marginal

83% of attorneys voted to Retain.

Stood for retention again in 2024.

EJF recommendation: Retain

This time 95% of attorneys voted to Retain, with just 5% voting Do Not Retain.

Alex J. Martinez

 

Stepped down in August 2011 to become Denver's manager of safety. Then in 2013 he became general counsel for Denver Public Schools. As of September 2020 he remains a senior judge.

 

Appointed September 12, 1996

Stood for retention in 2000. 82% Retain.

Stood for retention in 2010. 81% Retain.

Mary Mullarkey

Former Chief Justice

 

Retired November 30, 2010.

 

Appointed June 29, 1987 became Chief Justice August 3, 1998

Stood for retention in 2000. 79% Retain.

Nancy E. Rice

Former Chief Justice

 

Retired June 30, 2018.

 

Elected Chief Justice in January 2014.

Appointed August 5, 1998

Stood for retention in 2000. 82% Retain.

Stood for retention in 2010. 82% Retain.

Carlos A. Samour, Jr.

 

Apparently Samour has not done well on the Supreme Court or as Chief Judge in the 18 th Judicial District.

 

Question: Why was he promoted to Supreme Court?

(720) 625-5460

 

 

Promoted by Gov. Hickenlooper July 2, 2018. Formerly Chief Judge of the 18 th Judicial District. Replaced Nancy Rice. Native of El Salvador.

Appointed district court judge in 2006 and stepped up to bench in 2007.

Replaced John P. Leopold

Stood for retention in 2010. 95% Retain.

Stood for retention in 2016. 67% Retain

EJF recommendation: Do Not Retain

Stood for retention on Supreme Court 2020.

EJF recommendation: Do Not Retain

Only 69% of attorneys voted to Retain, while 13% voted Do Not Retain.

Presiding Disciplinary Judge (handles cases of attorney discipline and similar matters)

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Roger L. Keithly

 

For unknown reasons, Keithly does not have to stand for retention, nor is he apparently subject to public review.

 

01 SA 136

Found woman guilty of “unauthorized practice of law” for helping parents whose children had been taken by child protective services.

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| DV Home | Abstract | Contents | Tables | Index | Bibliography |

 

| Chapter 7 — Colorado Judges — Citizen's Review |

| Next — Colorado Court of Appeals |

| Back — Submitting your case for listing |


 

This site is supported and maintained by the Equal Justice Foundation.

Last modified 9/10/24.