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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.
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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.
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.
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. |
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. |
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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. |
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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. |
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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. |
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Appointed in January 2021 by Gov. Polis. Formerly chief judge in the 20th Judicial District. Replaced Nathan Coats. |
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91% of attorneys voted to Retain but 9% voted Do Not Retain. |
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Appointed by Gov. Hickenlooper in October 2011. Formerly district judge in First Judicial District. Replaced Alex Martinez. |
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Elected chief justice in September 2020 by other justices. Effective in January 2021 and term ended in July 2024. |
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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. |
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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. |
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Elected Chief Justice by other justices effective June 30, 2018. |
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Accepted position as Circuit Judge for the U.S. 10 th Circuit Court of Appeals November 2, 2017. |
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Appointed February 15,2006 by Gov. Owens to replace Kourlis. |
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Promoted to Colorado Supreme Court by Gov. Hickenlooper in June 2015. |
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Appointed to Court of Appeals April 30, 2008 by Gov. Ritter. |
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Stood for retention as Appeals Court judge in 2010. 89% Retain. |
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98% of attorneys voted to Retain in his new position. Only 2% voted against him. |
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Appointed by Gov. Hickenlooper December 14, 2017. Formerly professor at Univ. of Colorado Law School. No prior experience as a judge. |
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90% of attorneys voted to Retain in her new position. Only 5% voted against her. |
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Retired September 1, 2015 but as of September 2020 remains a senior judge. Gabriel replaced him. |
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Gov. Hickenlooper promoted him to Colorado Supreme Court in January 2014. |
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Appointed district court judge May 2007 in Second Judicial District. |
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81% of attorneys voted to Retain, 9% Do Not Retain, 10% no comment. |
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Appointed September 8, 2010, by Gov. Bill Ritter. Lesbian Latina with no prior judicial experience. |
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This time 95% of attorneys voted to Retain, with just 5% voting Do Not Retain. |
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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. |
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Apparently Samour has not done well on the Supreme Court or as Chief Judge in the 18 th Judicial District. |
Promoted by Gov. Hickenlooper July 2, 2018. Formerly Chief Judge of the 18 th Judicial District. Replaced Nancy Rice. Native of El Salvador. |
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Appointed district court judge in 2006 and stepped up to bench in 2007. |
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Only 69% of attorneys voted to Retain, while 13% voted Do Not Retain. |
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Presiding Disciplinary Judge (handles cases of attorney discipline and similar matters) |
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For unknown reasons, Keithly does not have to stand for retention, nor is he apparently subject to public review. |
Found woman guilty of “unauthorized practice of law” for helping parents whose children had been taken by child protective services. |
| EJF Home | Join the EJF | Comments? | Get EJF newsletter | Newsletters |
| 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.