Colorado’s judicial selection system has long been touted as a model for minimizing partisan political influences in the selection of judges. However, recent developments have revealed a heavy skew towards Democrats and defendants, calling into question the effectiveness of this system. It is time to acknowledge this reality and work towards a more balanced and fair process for selecting judges.
The current judicial selection system in Colorado involves a combination of merit-based selection and retention elections. This means that a judicial nominating commission, made up of both lawyers and non-lawyers, reviews and interviews potential candidates for judicial positions. They then recommend a shortlist of candidates to the governor, who ultimately makes the appointment. Once appointed, judges must face retention elections every few years, where voters decide whether or not to keep them in their position.
On the surface, this system seems to be a fair and impartial way of selecting judges. However, a closer look reveals a clear bias towards Democrats and defendants. According to a recent study by the Colorado Sun, 70% of the judges appointed by Governor Jared Polis since 2019 have been Democrats. This is in stark contrast to the state’s voter registration, which is almost evenly split between Democrats, Republicans, and unaffiliated voters.
Furthermore, the study found that a majority of the judges appointed by Governor Polis have a background as defense attorneys or public defenders. This raises concerns about potential conflicts of interest and a lack of diversity in the types of legal experience represented on the bench. It also suggests that defendants may have an advantage in the judicial selection process, as they are more likely to have a sympathetic judge.
This skew towards Democrats and defendants is not just limited to Governor Polis’ appointments. A previous study by the Colorado Sun found that over the past decade, Democrats have held a majority on the judicial nominating commissions, giving them a significant influence in the selection process. This has led to a lack of ideological diversity among judges, with a majority of them leaning towards the left.
This heavy bias towards Democrats and defendants is a cause for concern for the integrity of our judicial system. The judiciary is meant to be an independent and impartial branch of government, free from political influences. However, the current selection process in Colorado undermines this principle and erodes public trust in the judiciary.
It is time to drop the pretense that our judicial selection system is fair and unbiased. We must acknowledge the reality of the situation and work towards a more balanced and inclusive process. This could involve implementing stricter guidelines for the judicial nominating commissions to ensure a more diverse pool of candidates, as well as increasing transparency in the selection process.
Additionally, we must also address the issue of retention elections. While they are meant to hold judges accountable, they can also be influenced by partisan politics and campaign contributions. This can lead to judges making decisions based on popular opinion rather than the law, compromising the integrity of the judiciary.
In conclusion, it is clear that Colorado’s judicial selection system is heavily skewed towards Democrats and defendants. This undermines the impartiality and integrity of our judiciary and calls for immediate action. We must work towards a more balanced and fair process that truly minimizes the impact of partisan political influences on the selection of the judicial branch. Only then can we ensure a truly independent and impartial judiciary for the people of Colorado.