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 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.
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Overview
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.
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.[1]
Current Court
Justices
- Mary Mullarkey - term expires second Tuesday in January 2011. She is the court's chief justice.
- Gregory Hobbs Jr - term expires second Tuesday in January 2009
- Alex Martinez - term expires second Tuesday in January 2011
- Michael Bender - term expires second Tuesday in January 2011
- Nancy Rice - term expires second Tuesday in January 2011
- Nathan Coats - term expires second Tuesday in January 2013
- Allison Eid - term expires second Tuesday in January 2009
Justices Hobbs and Justice Eid will be up for a retention vote in January 2009; see the Colorado Supreme Court Elections (2009) page for more information.
Current Justices' Voting Patterns
Decision making in cases before the Colorado Supreme Court is based upon individual legal issues and facts presented in the case and most cases are decided unanimously. But, Justices Allison Eid and Nathan Coats tend to dissent more frequently than any of the other justices from decisions of the Court, often on "conservative" grounds, and together in a single opinion. Justice Rice is the next most likely to cast a dissenting vote. Justice Hobbs has held the proverbial "swing vote" on the Court since Justice Eid joined the Court--he dissented only once in 2007 (as of July 19, 2007), less than any other Justice on the Colorado Supreme Court.[2]
The most recent appointee to the Court, Justice Allison Eid has recused herself from consideration of cases much more frequently than the other Justices, as she represented the State in many of these cases in her position as Solicitor General of Colorado (prior to her appointment to the bench by former Governor Bill Owens). Her recusals have grown less frequent as the cases she participated in have worked their way through the judicial process. Colorado Supreme Court cases often take two years or more to go from the filing of a petition for certiorari, to issuance of an opinion. The Solicitor General is involved in the process before a petition for certiorari is filed.
On Illegal Immigration: Initiative #55 (2006)
On December 31, 2003, the "Defend Colorado Now" initiative was filed by Congressman Tom Tancredo (R) and carried forward by Dr. Bill Heron. In 2004, the initiative was challenged by the open borders lobby and taken to the Colorado Supreme Court, who approved the initiative's wording; the entire process, though, stalled the initiative's chance of making the 2004 ballot.
The proposed ballot initiative would have prohibited illegal immigrants in Colorado from receiving all taxpayer-funded public services except those required by the federal government - K-12 education, emergency medical care and assistance in the event of a public safety emergency.
After Colorado House Bill 1271 was defeated (the bill was supposed to implement the initiative's intent since only tax-related initiatives are allowed in odd-numbered years), DCN had the initiative re-affirmed by the Colorado Title Setting Board.
In late January, 2006 the initiative (re-filed) was challenged in front of the Colorado Supreme Court. Despite the Court's speedy rulings on other initiatives for the year (and their previous approval of the initiative's wording), the Court delayed issuing a ruling on the DCN initiative until June 12.
On June 12, 2006 the Supreme Court issued a (4-2) ruling alleging that the initiative violated the state's single-subject rule and therefore could not be on the upcoming ballot. Two weeks later, the Court denied the DCN's petition for a re-hearing.[3] Justice Martinez wrote the majority decision, with Justices Mullarkey, Hobbs, and Bender concurring; Justices Coats and Rice dissented. Justice Eid recused herself.
Justice Martinez wrote that the measure asks voters to approve two subjects: decreasing taxpayer funds for medical and social services, and restricting "administrative services" such as registering a vehicle or filing property deeds with the county recorder.[4]
Court's Illegal Immigration Stance Throws Legislature Into Tizzy
On June 29, 2006, Governor Bill Owens called a special legislative session to address the Supreme Court's two-time denial of Initiative #55. The session convened on July 6, 2006. During day one of the session, five Democrats broke rank and sided with the initiative's largely Republican-based support. The coalition voted to allow Coloradans to vote on the measure that was intended to limit services to illegal immigrants.
Critics of the "special session" noted that Governor Owens, then in the eighth year of his Gubernatorial service, had done little else to address the issue of illegal immigration.[5]
History
The first Colorado Supreme Court was founded in 1859 in the Territory of Jefferson--an extra-legal goverment--in what is now Colorado. Two years later, the territory was officially recognized by the Union (though it would not gain statehood until 1876), and the recently renamed Territory of Colorado established a new Supreme Court. The initial court session was held on July 10, 1861. When Colorado eventually became a state, its constitution "provided for a Supreme Court with a bench of three justices, as well as four judicial districts, with one judge serving each."[6]
Independent Creation
As a frontier territory, no true judicial structured existed until 1858. In order to satiate the growing need for jurisprudence,"Miners Districts" were established. Miners Districts (which were located in the region's mountains), among other things, created judicial boundaries, defined property rights, elected officers, and established physical courts. The first Miner District was called Gold Hill, with later, notable districts such as Jackson Diggins and Gregory.
Kansas Dispute
Though the Miners District could be considered a minor success, they were at best, fledgling. Before 1861, most of the land that is now Colorado was a part of Arapahoe County--whose main seat of power came from the Territory of Kansas. In 1855, Allen P. Tibbitts was appointed probate judge of Arapahoe (effectively making him "Colorado's first judge"), though he never visited Colorado, let alone held court there.
In March of 1859, S.W. Wagoner (also of Kansas) was appointed the probate judge for Pikes Peak Country; by October of the same year, a Colorado citizen-driven election established the aforementioned Territory of Jefferson. Despite its initial endorsement, the first Supreme Court initiated under the new Territory struggled to enforce laws, and many citizens refused to acknowledge its alleged authority.
With two competing and hostile courts, judicial strength waned. Driven by skewed jurisdiction, criminals often slipped through the system.
Structure Through Time
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Judicial Selection
Nominating Commissions
In 1966, Colorado voters passed a constitutional amendment which provides that state judges be appointed rather than elected on a political ticket. When a vacancy occurs in a county or district judgeship, the judicial district nominating commission interviews applicants and recommends individuals to the governor for consideration and appointment. Three nominees must be submitted to the governor for judgeships on the Court of Appeals or Supreme Court; two or three names can be submitted for county or district vacancies. Denver County is not part of the state system and this process does not apply to their judges.
Supreme Court
There are two types of nominating commissions: (1) Supreme Court Nominating Commission and (2) judicial district nominating commissions. 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.
Judicial District Commissions
In contrast, there is a judicial district nominating commission for each of Colorado’s 22 judicial districts that selects nominees for district and county judicial vacancies. Each district nominating commission is chaired by a justice of the Supreme Court, who is a non-voting member of the commission.
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. In all districts with populations of more than 35,000, the voting members consist of three people admitted to practice law in Colorado and four people not admitted to practice law in Colorado. In judicial districts with populations under 35,000, at least four voting members are people not admitted to practice law in Colorado. It is determined by majority vote of the governor, attorney general and chief justice how many, if any, of the remaining three members will be persons admitted to practice law in Colorado.
Commission members serve six-year terms. Non-lawyers, who are the majority of every nominating commission, are appointed by the governor. Lawyer members are appointed by joint action of the governor, attorney general, and chief justice.[7]
Appointment
Colorado’s method for appointment of judges focuses on the qualifications of judges and has specific time limits controlling when the commission and the governor must act. Within 30 days after a vacancy occurs, the commission must meet; select its nominees based on written applications, recommendations, and personal interviews; and submit the names 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.
(Note: See Judicial Selection in Colorado for additional information on how Colorado's merit selection operates.)
Removal From Office
"Colorado judges may be removed in one of two ways:
On the recommendation of the judicial discipline commission, the supreme court may remove, retire, suspend, censure, reprimand, or discipline a judge. Judges may be impeached by a majority vote of the house of representatives and convicted by a two-thirds vote of the senate. Judges are also subject to recall election."[8]
Judicial Term Limits
In 2008, a ballot measure has been proposed, the Judicial Term Limits Initiative, that would limit the terms of judges in Colorado. The official ballot initiative reads:
An amendment to the Colorado constitution limiting terms for state court judges, and, in connection therewith, making a full term of office four years for justices of the supreme court, judges of the court of appeals, district court judges, county court judges, judges of the probate and juvenile courts of Denver, and any other state court judge with jurisdiction inferior to the supreme court; and limiting judges who are retained after January 1, 2010, from serving for more than three full terms of office at the same judicial level after January 1, 2010.
Justices and Judges Whose Terms End: 2009
All Justices and Judges with Terms Ending 1/13/09
See also
- Colorado
- Colorado Court of Appeals
- Colorado Supreme Court elections
- Colorado Supreme Court Nominating Commission
- Colorado District Courts
External links
- Supreme Court
- Colorado Bar Association
- Colorado Supreme Court Justices
- Colorado Supreme Court Library
- Findlaw - Colorado Supreme Court opinions
- Colorado Appeals blog, a blog that discusses every new decision of the Colorado Supreme Court and Colorado Court of Appeals
References
- ↑ CO Supreme Court Page
- ↑ Wikipedia: Colorado Supreme Court
- ↑ Original Defend Colorado Now Amendment
- ↑ Rocky Mountain News
- ↑ 5 Senate Dems join Republicans to limit services to illegals
- ↑ An Historical Guide: Colorado Supreme Court and Court of Appeals
- ↑ CO Courts Nominating Commissions Page
- ↑ Methods of Judicial Selection
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