Colorado voters are facing a plethora of judicial retention questions on the Nov. 5 ballot, which can be overwhelming. Judges in Colorado are appointed rather than elected but later appear on the ballot for retention votes, allowing voters to decide if they should continue serving. However, the retention system has its critics as judges are rarely removed by voters, partly due to the unfamiliarity of judge names for the average voter.
The state provides voters with information and evaluations on judges through nonpartisan commissions, which assess judges on the ballot and issue recommendations. This year, only one out of 116 judges did not meet performance standards. The system has drawn criticism for not providing enough information in evaluations.
Colorado voters play a role in deciding on judge retention every four, six, or eight years, depending on the court level. This year, three Supreme Court justices and five Court of Appeals judges are up for retention statewide. Voters can check the Colorado Office of Judicial Performance Evaluation website or the Blue Book voter guide for more information on judges on their ballot.
The evaluations provide information on the judge’s background, surveys of lawyers and others with experience, and any concerns or criticisms raised. Voters weigh this information differently, with some valuing attorney feedback more than others. The evaluation commissions consist of attorneys and non-attorneys, soliciting input about judges’ performance through surveys.
Some voters find the evaluations lacking as they do not include judges’ disciplinary records. The Judicial Integrity Project has advocated for including disciplinary records and public testimony in the evaluation process. Overall, voters are encouraged to educate themselves on the judges’ performance before casting their votes.
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