Colorado Supreme Court
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Contents |
The Colorado Supreme Court is the state’s court of last resort. Its decisions are binding on all other Colorado state courts. The Supreme Court is composed of seven justices who serve ten-year terms.[1]
Jurisdiction
The Supreme Court of Colorado has direct appellate jurisdiction over cases regarding a potential unconstitutional statute, "cases involving decisions of the Public Utilities Commission, writs of habeas corpus, cases involving adjudication of water rights, summary proceedings initiated under the Election Code, and prosecutorial appeals concerning search and seizure questions in pending criminal proceedings." Additionally, "the Supreme Court also has exclusive jurisdiction to promulgate rules governing practice and procedure in civil and criminal actions."[2]
Case load
In 2002-2003, the court's caseload was 1,826.[3]
The court's justices
Selection of justices
In 1966, voters in Colorado passed the constitutional amendment providing that state judges be appointed by the governor. Within 30 days after vacancy, the commission must meet, select its nominees, and submit the names to the governor.[4] The chosen judge serves for two years, then must stand for a retention vote at the next election.
"Colorado judges may be removed in one of two ways: On the recommendation of the judicial discipline commission, the supreme court may remove, retire, suspend, censure, reprimand, or discipline a judge. Judges may be impeached by a majority vote of the house of representatives and convicted by a two-thirds vote of the senate. Judges are also subject to recall election."[5]
Qualifications
Current justices
Justice Hobbs and Justice Eid successfully won retention votes for their terms set to expire in January 2009; see the Colorado Supreme Court Elections (2009) page for more information.
| Name | Appointed/Elected | Term expires |
|---|---|---|
| Chief Justice Mary Mullarkey | 1987 | Term expires second Tuesday in January 2011. |
| Gregory Hobbs Jr | 1996 | Term expires second Tuesday in January 2019. |
| Alex Martinez | 1997 | Term expires second Tuesday in January 2011. |
| Michael Bender | 1997 | Term expires second Tuesday in January 2011. |
| Nancy Rice | 1998 | Term expires second Tuesday in January 2011. |
| Nathan Coats | 2000 | Term expires second Tuesday in January 2013. |
| Allison Eid | 2006 | Term expires second Tuesday in January 2019 |
Chief justice
Judge Mary Mullarkey is the court's Chief Justice. Her term expires in January 2011. The Chief Justice is selected from the the other justices. The Chief Justice also serves as the executive head of the Colorado Judicial System and is the ex-officio chair of the Supreme Court Nominating Commission. The Chief Justice appoints the Chief Judge of the Court of Appeals and the Chief Judge of each of the state’s 22 judicial districts, and is vested with the authority to assign judges (active or retired) to perform judicial duties.
Justices' voting patterns
Most cases in the Colorado Supreme Court are determined unanimously, however, when there is dissension, Justices Allison Eid and Nathan Coats dissent most frequently. These two justices are typically more "conservative" than the other justices.[6]
History of the court
In 1861, the "Territory of Jefferson," or what is now Colorado, was officially recognized by the Union after its founding in 1859. The first court session was held on July 10, 1861. Upon statehood in 1876, its constitution "provided for a Supreme Court with a bench of three justices, as well as four judicial districts, with one judge serving each."[7]
Structure through time
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Judicial term limits
In 2008, a ballot measure was proposed, the Judicial Term Limits Initiative, that would limit the terms of judges in Colorado. The official ballot initiative reads:
"An amendment to the Colorado constitution limiting terms for state court judges, and, in connection therewith, making a full term of office four years for justices of the supreme court, judges of the court of appeals, district court judges, county court judges, judges of the probate and juvenile courts of Denver, and any other state court judge with jurisdiction inferior to the supreme court; and limiting judges who are retained after January 1, 2010, from serving for more than three full terms of office at the same judicial level after January 1, 2010."
This initiative did not make it to the ballot.
On Illegal Immigration: Initiative #55
On December 31, 2003, the "Defend Colorado Now" initiative was introduced, which, if passed, would have prohibited illegal immigrants from receiving public services except those required by the federal government. The bill was defeated. The initiative was re-filed in 2006, and the court issued a 4-2 ruling that the initiative "violated the state's single-subject rule and therefore could not be on the upcoming ballot."[8] Justice Martinez wrote the majority decision, with Justices Mullarkey, Hobbs, and Bender concurring; Justices Coats and Rice dissented. Justice Eid recused herself. According to the Rocky Mountain News, Justice Martinez wrote "that the measure asks voters to approve two subjects: decreasing taxpayer funds for medical and social services, and restricting "administrative services" such as registering a vehicle or filing property deeds with the county recorder."[9] On June 29, 2006, Governor Owens called a special legislative session to address the court's denial of the initiative. The result of this is that the inititative went to vote for all Coloradans to determine.[10]
See also
External links
- The Colorado Supreme Court: Independence or Activism?
- Supreme Court
- Colorado Bar Association
- Colorado Supreme Court Justices
- Colorado Supreme Court Library
- Findlaw - Colorado Supreme Court opinions
- Colorado Appeals blog, a blog that discusses every new decision of the Colorado Supreme Court and Colorado Court of Appeals
- Initiative #55 (2006)
References
- ↑ Colorado Supreme Court website
- ↑ Supreme Court of Colorado
- ↑ Colorado Supreme Court
- ↑ CO Courts Nominating Commissions Page
- ↑ Methods of Judicial selection
- ↑ Wikipedia: Colorado Supreme Court
- ↑ An Historical Guide: Colorado Supreme Court and Court of Appeals
- ↑ Original Defend Colorado Now Amendment
- ↑ Rocky Mountain News
- ↑ 5 Senate Dems join Republicans to limit services to illegals
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