Come election time, it’s a section of ballots that’s easy to ignore — the ‘Judicial Retention Questions’ — as voters are often more focused on electing their next local, state and federal politicians.
But it’s important for voters to pay attention to the district court and appeals judges who are up for retention, said Kent Wagner, executive director of the Colorado Office of Judicial Performance Evaluations.
“It’s a way for voters to provide information back to the judges about whether or not they are doing a good job,” Wagner said.
If a judge is biased, has poor communication skills during trials, lacks legal knowledge or has a track record of poor integrity — voters can choose “no” when asked whether the judge should be retained.
“If a judge is voted out, a vacancy occurs, the nomination process is started over, and you end up with a new judge,” Wagner said.
The Colorado Commissions on Judicial Performance offers the public recommendations for the judges that appear on local ballots.
“The legislature identified integrity, legal knowledge, communication skills, judicial temperament and service to the legal profession and the public as performance criteria for a judicial officer,” Wagner said.
A good judge needs to show neutrality, respect and fairness, according to the commission’s website. Judges also need to be good communicators who speak in “plain language” that the public can understand. If a district judge lacks these criteria, the local legal climate can become corrupt, biased and unfair, and negatively impact the community.
The commission uses surveys of court system participants, courtroom observations, reviews of written decisions, surveys of litigants and interviews with judges to make their recommendations to the public, Wagner said.
All judges in Denver’s metro area and Boulder County have been recommended for retention this year, he said.
Boulder County District Attorney Michael Dougherty also urged voters to carefully evaluate the judges who are up for retention.
“Judges have a significant impact on the lives of those who appear in front of them, as well as on the community as a whole,” Dougherty said in a statement.
