Colorado Voters Should Read Blue Book Before Approving Judges

¿Debo marcar “sí” en cada casilla de la sección judicial, o hay una razón real para decir que no?

It’s the part of the ballot most people skip. You finish the governor, you check the box for the U.S. Senate, and then you hit the wall of names. Judge A. Judge B. Judge C. Dozens of them. The instinct is to mark “yes” across the board and move on. But that habit ignores how the system actually works in Colorado.

For context, judges here aren’t elected in a traditional sense. The governor appoints them based on recommendations from state and local selection commissions. After that, a performance evaluation commission — made up of lawyers and non-lawyers — assesses whether the judge meets specific standards. If they do, their name goes on the ballot for a retention vote. If they don’t, they usually just leave.

That last point is the key. Thor Nelson, an attorney with Holland & Hart and president of the board for the Colorado Judicial Institute, noted that most judges who fail to meet performance standards simply step down rather than facing a public vote. So when you see a name on your ballot, it’s because the evaluation commission already gave them a pass.

Does that make the vote meaningless? Not necessarily. Danielle Kalil, director of civil justice and judicial affairs at the Institute for the Advancement of the American Legal System at the University of Denver, explained that these commissions don’t just poll lawyers who’ve worked with a judge. They observe hearings to gauge temperament and communication style. They review written decisions to understand the reasoning behind them. They also consult with people who have served on juries before those judges or had cases in front of them.

The data backing this up is public. You can look it up before you cast your ballot. The state’s official election guide, the Blue Book, is mailed to voters and contains these evaluation results. It’s also available online through the Colorado Office of Judicial Performance Evaluation, which offers short videos in both English and Spanish explaining what to look for.

Let’s do the math on your time. If you have ten judges on your ballot, and each evaluation summary takes two minutes to read in the guide, that’s twenty minutes. Not a lot of time for a decision that affects how cases are handled in your local district or county. The retention period varies from four to ten years depending on the court, so one “yes” vote commits you to that judge’s tenure for a significant chunk of the decade.

In practice, voters usually keep them in their seats. But “usually” isn’t the same as “always.” The system is designed to be a filter, not a rubber stamp. The evaluation commissions are the first line of defense; your ballot is the second.

The practical impact for locals is straightforward: this determines who interprets the law in your county court, your district court, and potentially the state appellate courts. If you’re a business owner, it affects contract disputes. If you’re in a family law case, it affects custody and support rulings. If you’re a landlord or tenant, it affects eviction proceedings.

You don’t need to be a lawyer to make an informed choice. You just need to open the Blue Book, find your name on the list, and read what the evaluation commission said. If they met the standards, “yes” is a reasonable vote. If you have specific concerns about a judge’s track record in your local court, you can look that up too.

The office didn’t send a press release telling you to vote “yes.” It sent you the data. Use it.