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Explainer: How are judges selected in Colorado?

A judge's gavel lies next to a printed scroll of the U.S. Constitution

Q: How are judges selected in Colorado?

A: Judges in Colorado are selected based on their skills and qualifications in a process known as judicial merit selection. When there is a vacancy for a judge’s position, people who want the job apply to a group known as a judicial nominating commission. 

The commission reviews the applications, interviews applicants, and selects two or three finalists. 

For state court judges, the governor of Colorado reviews the finalists and interviews them before choosing one. For Denver County Court judges, the mayor chooses. 

The Colorado constitution requires that a new judge must be chosen within 45 days. The commission has 30 days to select its nominees, and the governor (or mayor) has 15 days to make the final decision.

Q: Why does Colorado use this merit selection process to appoint its judges instead of elections as in many other states?

A: In 1966, Colorado voters adopted a constitutional amendment to establish the judicial merit selection system. Through this system, judges are selected based on their skills and qualifications, and political affiliation is not a consideration. 

Prior to 1966, judges in Colorado were chosen through partisan elections. They ran campaigns and solicited campaign contributions, which called into question their independence and impartiality. 

Q: What are judicial nominating commissions?

A: Judicial nominating commissions are groups of people who review the applicants for judge positions. The commissions are made up of a mix of attorneys and other citizens who are not attorneys. There is also a mix of political party affiliations. Even so, the commissions are nonpartisan, meaning they are not influenced by politics in the selection process.

Each of Colorado’s 22 judicial districts has a commission that reviews applicants for county court and district court positions, and there is a statewide commission that reviews candidates for the court of appeals and the supreme court.

Q: What criteria are used to evaluate candidates?

A: Generally, candidates are evaluated based on their legal qualifications, experience, integrity, impartiality, temperament, and public service. They must live in the district or county where they will work and be able to vote there. They also must be younger than 72 and have been licensed to practice law in Colorado for at least five years. 

There is an exception in the state's smallest counties, where there may be few qualified candidates. In those counties, a candidate does not need legal training but must have a high school education or equivalent.

Q: What happens after a judge is selected?

A: After selection, a judge serves a two-year provisional term. Then, during the next general election, voters decide whether to keep the judge in office in what is called a retention election. This is a nonpartisan election in which there is no opposing candidate and voters are asked to vote yes or no about whether the judge should be kept, or “retained,” in office. Judges must receive a simple majority of yes votes to be retained. 

If the judge is retained, they then serve a full standard term. If the judge is not retained, then they must step down, and the selection process for filling the vacant position begins.

(See also "Explainer: How are judges evaluated in Colorado and why are they on the ballot?")

Q: How long are the standard terms for state court judges in Colorado?

A: The term lengths are different depending on the court level:

  • County court judges serve 4-year terms.
  • District court judges serve 6-year terms.
  • Court of Appeals judges serve 8-year terms.
  • Supreme Court justices serve 10-year terms.

All Colorado state court judges must retire by age 72.

For more information about judicial nominating commissions, or to volunteer to serve on one, visit these websites:

Read more CJI explainers.

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