Litigation

Four CO Justices Eye Tough Retention Vote?

By Peter Hardin

Four justices on Colorado’s seven-member state Supreme Court (photo of full court at right) are expected to face the voters in retention elections this fall, and they  face a tough vote, the Denver Post reported in an article that takes a look at the issues and politics ahead.

According to the article, opponents have become energized by a series of court decisions over the past decade, especially ones dealing with property taxes, eminent domain and congressional redistricting.

“This Supreme Court is arguably the most partisan Supreme Court in all of the country, and they have a special knack for redefining English words to suit what they need,” said Jon Caldara, president of the Independence Institute in Golden, Co.

A neutral observer, law professor Richard Collins of the University of Colorado, said none of the decisions that have come under criticism was unconstitutional.

Completing their 10-year terms and up for retention elections are Chief Justice Mary Mullarkey, and Justices Nancy Rice, Michael Bender and Alex Martinez.

Colorado has a merit selection system. The governor appoints judges from a list of nominees provided by a judicial nominating commission, and judges stand for retention at least two years after their appointment. Throughout the state, judicial performance commission give voters information about the performance of judicial retention candidates. You can learn more about appointment and retention systems from Justice at Stake’s issues page, and further background on the Colorado controversy from Gavel Grab.

(The photo shows in the front row, from left: Justice Gregory J.Hobbs, Jr., Chief Justice Mary Mullarkey, Justice Alex J. Martinez; and in the back frow, from left: Justice Nathan B. Coats, Justice Michael L. Bender, Justice Nancy E. Rice, Justice Allison Eid.)

Full post as published by The Gavel on February 15, 2010 (boomark / email).