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Use judicial performance reviews to inform your voice
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Use judicial performance reviews to inform your voice

When you unfold your ballot and start darkening the circles, what do you do when you get to the judges? It's up to you whether you keep or destroy each one of them. For many voters presented with this long list of largely unknown names, the question arises: How do you judge a judge?

There are 116 Colorado judges hoping to keep their jobs this year, including three state Supreme Court justices and five appeals court judges. The remainder serve in district and district courts. Every judge on the November ballot was vetted based on standards set by a state commission that evaluates judges' performance.

Importance of judges

Colorado voters approved the current system of judicial nomination and retention in 1966. According to these rules, a commission recommends a pool of potential new judges when filling a position. The governor selects one of these candidates to appoint to the bench. After the first two years in office, voters will have their first opportunity to consider whether that judge should remain in office or be removed.

After their two-year election, district judges stand for re-election every four years and district judges every six years. Court of Appeals judges appear before voters every eight years, and Supreme Court justices appear every ten years.

To make these decisions easier for voters, Colorado has an aptly named office whose job it is to fairly and accurately evaluate the work of every judge – the Colorado Office of Judicial Performance Evaluation. These reviews will be made available to the public. Of all the judges up for appointment this year, only one, Garfield County Court Judge Angela Roff, was found to have failed to meet performance standards.

Make the most informed decision

According to Brittany Kauffman, CEO of the Institute for the Advancement of the American Legal System at the University of Denver, the best judges are balanced and informed — and the same is required of voters to keep a judge confident.

Kauffman's advice? Before selecting which judges to receive your vote, be sure to look at how long they have been on the jury and how they have performed their duties during that time. Evaluate them based on these details, she said. If you research the Colorado Office of Judicial Performance Evaluation, you can click on the judge's name and see the narrative information developed by the commission.

Judges are evaluated on qualities that include integrity, legal knowledge, communication skills, judicial temperament, administrative performance, and service to the legal profession and the public.

“What we expect from our courts is that they be fair, impartial, transparent and accessible,” Kauffman said. “People and organizations often rely on courts – and judges – when they are most vulnerable. It is all the more important that we have judges who have these qualities.”

DU's Institute for the Advancement of the American Legal System also published “Cornerstones of State Judicial Selection” with additional information on the key characteristics of judges and the state's court system.

Judge a judge

Simply put, Kauffman said voters should take three steps when considering which justices they will choose in this election:

1. Be ready to participate.

Look at the ballot and also look at the information provided online about each judge Office of Judicial Performance Evaluation. Don't skip the judges' election. Be prepared to commit to the process.

2. Pay attention to the criteria judges must meet for retention.

As outlined in the state's Blue Book, judges must have integrity, excellent legal skills and knowledge of the law, strong communication skills, additional temperament, administrative ability and the ability to provide public service to the legal profession.

3. Consider the candidate's background and performance reviews.

Be sure to read the Judge's Retention Survey, available online at the website listed above. Just because a judge is found to meet performance standards does not mean his report will not mention things that you should consider in your own evaluation.

CPR's Megan Verlee contributed to this report.

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