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ColoradoJudges.org
Evaluating Judges:
Performance Commissions
Each judge faces a vote of the public on whether they should be retained in office 2 years after being appointed and at regular intervals after that (4, 6, 8, or 10 years depending on the court).
Colorado created performance commissions to help voters decide whether to keep the judge on the bench. The commission evaluates the information available to it and reports its recommendations to the voters in the bluebook.
In theory, the commissions provide accountability that is independent of influence by the judiciary or outside politics. Does the system below do that?
Review the Cases & Controversies examples of judicial misconduct. Can you find one where a judicial performance commission warned voters about a misbehaving judge?
The members of the Judicial Performance Commissions are lawyers and nonlawyers as well as members of each major political party.
The state supreme court influences the selection of members.
Also, each commission meets privately with the chief judge of the district at the start of their work.
Reports
After reviewing the information available to it, the Performance Commission prepares a report summarizing the judge's performance. And it provides its recommendation to Colorado voters on whether the judge meets performance guidelines and should stay on the bench.
The report and recommendation is published to voters in the voter's guide ("bluebook").
How effective are Performance Commission evaluations?
As this is written and an election approaches, we voters in Colorado have no idea how these investigations came out. As you cast your vote for or against a judge, do you wonder if the judge was investigated? Was that judge cleared or did they break the law they are supposed to be applying to others? Why doesn't the bluebook tell you?
In 2023, the Discipline Commission reported that it had taken "corrective action" against 250 judges throughout its history. How many of these "corrections" were known to the Performance Commissions for its review or by voters when they cast their votes?
2022 Annual Report, Colorado Commission on Judicial Discipline at 21-22.
Tim Masters was wrongfully convicted of murder in Fort Collins, Colorado.
Two prosecutors in the case would ultimately be disciplined for misconduct. While the allegations of misconduct were pending, the two passed Nominating Commission vetting to become judges.
They were then endorsed by the Performance Commission for retention.
However, voters overruled the Nominating Commission and Performance Commission recommendations, removing both from office.
Was this the system working or its failings being overcome by the voters?
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