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October 15, 2008 09:25 PM UTC

Question for legal eagles: Judicial retention

  • 10 Comments
  • by: RavenDawg

Since I was unable to sleep the other night, I read thru the Ballot Information “Blue Book” on recommendations for judicial retention.  All the justices in my area were recommended for retention, however, it was clear that there is a lot of “insider baseball” encoded in the comments.  Can you help in translation?

For example, some justices were “unanimously recommended” for retention, some were simply “recommended,” presumably reflecting the vote of the review board.  Some justices were criticized for lack of punctuality in court or in returning judgements, for lack of clarity in written or oral decisions, for not soundly basing decisions on legal precedents, for lack of fairness toward plaintiff and defense, etc.  In some cases the board met with the judge to express criticisms, and the judge “promised to work to improve” the area of deficiency.

What do these gradations mean for a layperson?  Just go with the bottom line recommendations for retention, or look further?  Specifically,

1. Should specific criticisms be rated more negatively than others?  (ie sound legal thinking versus punctuality?)

2. How should I weight comments from peer justices, attorneys, and non-attorneys?

3. Is there any other group that rates justices to provide an independent opinion?

4. Is there a record on-line where one can see if similar criticisms have been raised about specific justices in previous cycles?

5.  Extra credit:  How would you rate the overall quality of judicial appointments made by Bill Owens relative to the overall average of justices in Colorado?

Thanks for any comments you offer.

 

Comments

10 thoughts on “Question for legal eagles: Judicial retention

  1. vote no. Judges are almost always retained every election. Since 1970, the percentage of affirmative votes on judges in Colorado has never dropped below 66.5%. It usually sits at a little above 70% in fact.

    http://www.ajs.org/ajs/publica

    Vote no just to keep them on their toes. They’ll likely be retained no matter how you vote.

    1. ..but it seems counter-intuitive to vote AGAINST people about whom you know nothing.  As far as I understand, you’re voting that they should lose their jobs…based on nothing.

      but…maybe my soft heart has lead my astray….AGAIN

      1. and voting for that Republican guy. Diana Degette is going to win, whether I vote for her or not.

        I guess it would be better to leave it blank, or hell, I guess you could research it like RavenDawg obviously has.

        Either way it doesn’t make any difference.

  2. Went through and researched when they were appointed, and mostly voted against any that were appointed a long time ago.

    The one judge I really made sure to vote in favor of was local judge James Klein, who’s gotten hammered in blogs for interpreting a bad law correctly. Just want to see some heads explode when he wins confirmation.

    In general, I agree with Jambalaya on this sort of thing. Leave them blank if you don’t have a strong opinion, vote to retain if you trust the blue book commission, and vote against if you really dislike someone for some reason. But contrarian voting for its own sake just strikes me as silly.

  3. 1.  Weight to assign negative comments is subjective.  Do you want your judge to be prompt and wrong or tardy and right?

    2.  I would give most weight to attorney comments, but I am an attorney, so what would you expect.

    3.  There is no other organization that rates the judges that I am aware of, but the State Judicial Department publishes a comparason chart of the ratings of all of the trial judges that are up or retention.  It can be found at http://www.cojudicialperforman…  It gives you some idea how the judge rates as compared to his/her peers.  For example, the above referenced Judge Klein is rated as 73 out of 95.  Not too impressive.

    4.  Previous ratings are also linked on the Judicial Performance web page.

    5.  I believe that the only Owens’ appointments are Coates and Eid.  Both are more conservative that the democtic appointments, but both are well respected.  At the trial court level, if Owens was given the option to appoint a DA, he always did.  He did not like lawyers, and did not seem to have any respect for anyone that was not, in effect, a cop.

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