Colorado Court of Appeals

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The Ralph L. Carr Colorado Judicial Center, home of the Colorado Supreme Court and the Colorado Court of Appeals

The Colorado Court of Appeals is the intermediate appellate court in Colorado. It was established in 1891, abolished in 1905, re-established in 1913, re-abolished in 1917 and established in its current form in 1970. It consists of 22 appointed judges who, after their initial appointment, are then subject to a retention election every eight years thereafter. Their terms end on the second Tuesday in January.[1][2]

The court is divided into three-judge panels to preside over cases. The chief judge assigns the judges to different divisions and rotates their assignments. The court typically issues its decisions on Thursday mornings, with case announcements posted on the court's website usually by 8:00 a.m.[3]

 
Colorado Court of Appeals
Intermediate Appellate Courts Seal-template.png
Court information
Judges:   22
Founded:   1891, 1970[4]
Salary:  Associates: $207,351[5]
Judicial selection
Method:   Assisted appointment
Term:   8 years

Jurisdiction

Established by Section 1 of Article VI of the Colorado Constitution, the mission of the Colorado Court of Appeals is to "provide the citizens of Colorado with clear, impartial, and timely resolutions of appealed orders and judgments as provided by law."[6]

The Colorado Court of Appeals hears most of the direct appeals from the Colorado district courts, the Denver Probate Court and the Denver Juvenile Court. It also hears appeals from some of Colorado's administrative agencies. Any review of court of appeals' decisions is conducted by the Colorado Supreme Court.[6]

Judges

Judge Tenure Appointed By

Gilbert Román

August 1, 2005 - Present

Bill Owens

Elizabeth Harris

July 1, 2015 - Present

John Hickenlooper

Craig Welling

January 16, 2017 - Present

John Hickenlooper

Lino Lipinsky de Orlov

January 9, 2019 - Present

John Hickenlooper

Matthew Grove

January 9, 2019 - Present

John Hickenlooper

Anthony Navarro

January 21, 2013 - Present

John Hickenlooper

Ted C. Tow

February 12, 2018 - Present

John Hickenlooper

Neeti Vasant Pawar

March 8, 2019 - Present

Jared Polis

Jaclyn Casey Brown

May 31, 2019 - Present

Jared Polis

Christina Gomez

February 27, 2020 - Present

Jared Polis

Rebecca Rankin Freyre

September 21, 2015 - Present

John Hickenlooper

Stephanie Dunn

November 23, 2012 - Present

John Hickenlooper

Terry Fox

September 1, 2010 - Present

Bill Ritter

Sueanna Johnson

February 13, 2020 - Present

Jared Polis

David Yun

March 2, 2020 - Present

Jared Polis

W. Eric Kuhn

July 7, 2021 - Present

Jared Polis

Jerry N. Jones

July 5, 2006 - Present

Bill Owens

Karl Schock

November 7, 2022 - Present

Jared Polis

Katharine Lum

November 16, 2022 - Present

Jared Polis

Grant Sullivan

January 1, 2024 - Present

Jared Polis

Pax Moultrie

January 1, 2024 - Present

Jared Polis

Timothy J. Schutz

January 1, 2022 - Present

Jared Polis


Publication of decisions

The court issues published and unpublished decisions. It releases its published decisions on alternate weeks and its unpublished decisions every week. Published decisions are made available on the court's website with their full text; the list of unpublished decisions is also made available on that website. An online form on the Court of Appeals' website allows users to request copies of unpublished decisions by email.[7]

Judicial selection

See also: Judicial selection in Colorado

The 22 judges on the Colorado Court of Appeals are selected through the assisted appointment method. Each judge is appointed by the governor from a list of names compiled by the Colorado Supreme Court Nominating Commission.[8][9]

Initial terms last at least two years, after which justices must stand for retention in a yes-no election. Subsequent terms last eight years.[8]

Qualifications

To serve on this court, a judge must be:[10]

  • a qualified elector in the state;
  • licensed to practice law in the state for five years; and
  • under the age of 72 (retirement by 72 is mandatory).

Chief justice

The court's chief judge is appointed by the chief justice of the supreme court to serve indefinitely.[11]

Vacancies

See also: How vacancies are filled in state supreme courts

If a midterm vacancy occurs on the court, the seat is filled as it normally would be if the vacancy occurred at the end of a judge's term. A judicial nominating commission recommends to the governor three qualified candidates for an appellate court vacancy (two or three for a trial court vacancy), and the governor selects a successor from that list. After occupying the seat for two years, the newly appointed judge stands for retention in the next general election. The judge then serves a full eight-year term if he or she is retained by voters.[8]

Elections

2024

See also: Colorado intermediate appellate court elections, 2024

The terms of six Colorado intermediate appellate court judges will expire on January 13, 2025. The six seats were up for retention election on November 5, 2024. The filing deadline was August 5, 2024.

Candidates and results

Stephanie Dunn Retention

Colorado Court of Appeals, Seat 12 - Stephanie Erin Dunn

Stephanie Dunn was retained to the Colorado Court of Appeals on November 5, 2024 with 68.9% of the vote.

Retention
 Vote
%
Votes
✔
Yes
 
68.9
 
 1,537,131
No
 
31.1
 
 694,248
Total Votes
 2,231,379

 Source

Jerry N. Jones Retention

Colorado Court of Appeals, Seat 9 - Jerry N. Jones

Jerry N. Jones was retained to the Colorado Court of Appeals on November 5, 2024 with 60.7% of the vote.

Retention
 Vote
%
Votes
✔
Yes
 
60.7
 
 1,341,717
No
 
39.3
 
 868,028
Total Votes
 2,209,745

 Source

W. Eric Kuhn Retention

Colorado Court of Appeals, Seat 8 - W. Eric Kuhn

W. Eric Kuhn was retained to the Colorado Court of Appeals on November 5, 2024 with 67.5% of the vote.

Retention
 Vote
%
Votes
✔
Yes
 
67.5
 
 1,492,008
No
 
32.5
 
 719,673
Total Votes
 2,211,681

 Source

Gilbert Román Retention

Colorado Court of Appeals, Seat 6 - Gilbert Roman

Gilbert Román was retained to the Colorado Court of Appeals on November 5, 2024 with 67.6% of the vote.

Retention
 Vote
%
Votes
✔
Yes
 
67.6
 
 1,492,413
No
 
32.4
 
 714,040
Total Votes
 2,206,453

 Source

Timothy J. Schutz Retention

Colorado Court of Appeals, Seat 1 - Schutz

Timothy J. Schutz was retained to the Colorado Court of Appeals on November 5, 2024 with 65.1% of the vote.

Retention
 Vote
%
Votes
✔
Yes
 
65.1
 
 1,432,549
No
 
34.9
 
 767,298
Total Votes
 2,199,847

 Source


Judges not on the ballot


2022

See also: Colorado intermediate appellate court elections, 2022

The terms of eight Colorado intermediate appellate court judges expired on January 10, 2023. The eight seats were up for retention election on November 8, 2022.

Candidates and results

Brown's seat

Colorado Court of Appeals, Jaclyn Casey Brown's seat

Jaclyn Casey Brown was retained to the Colorado Court of Appeals on November 8, 2022 with 70.1% of the vote.

Retention
 Vote
%
Votes
✔
Yes
 
70.1
 
 1,344,611
No
 
29.9
 
 574,223
Total Votes
 1,918,834

It has been certified. Source

Fox's seat

Colorado Court of Appeals, Terry Fox's seat

Terry Fox was retained to the Colorado Court of Appeals on November 8, 2022 with 69.9% of the vote.

Retention
 Vote
%
Votes
✔
Yes
 
69.9
 
 1,329,981
No
 
30.1
 
 572,292
Total Votes
 1,902,273

It has been certified. Source

Gomez's seat

Colorado Court of Appeals, Christina Gomez's seat

Christina Gomez was retained to the Colorado Court of Appeals on November 8, 2022 with 70.0% of the vote.

Retention
 Vote
%
Votes
✔
Yes
 
70.0
 
 1,332,517
No
 
30.0
 
 570,844
Total Votes
 1,903,361

It has been certified. Source

Grove's seat

Colorado Court of Appeals, Matthew Grove's seat

Matthew Grove was retained to the Colorado Court of Appeals on November 8, 2022 with 70.1% of the vote.

Retention
 Vote
%
Votes
✔
Yes
 
70.1
 
 1,324,871
No
 
29.9
 
 565,998
Total Votes
 1,890,869

It has been certified. Source

Johnson's seat

Colorado Court of Appeals, Sueanna Johnson's seat

Sueanna Johnson was retained to the Colorado Court of Appeals on November 8, 2022 with 70.4% of the vote.

Retention
 Vote
%
Votes
✔
Yes
 
70.4
 
 1,332,304
No
 
29.6
 
 560,890
Total Votes
 1,893,194

It has been certified. Source

Lipinsky de Orlov's seat

Colorado Court of Appeals, Lino Lipinsky de Orlov's seat

Lino Lipinsky de Orlov was retained to the Colorado Court of Appeals on November 8, 2022 with 69.2% of the vote.

Retention
 Vote
%
Votes
✔
Yes
 
69.2
 
 1,308,066
No
 
30.8
 
 581,192
Total Votes
 1,889,258

It has been certified. Source

Pawar's seat

Colorado Court of Appeals, Neeti Vasant Pawar's seat

Neeti Vasant Pawar was retained to the Colorado Court of Appeals on November 8, 2022 with 67.9% of the vote.

Retention
 Vote
%
Votes
✔
Yes
 
67.9
 
 1,281,506
No
 
32.1
 
 605,270
Total Votes
 1,886,776

It has been certified. Source

Yun's seat

Colorado Court of Appeals, David Yun's seat

David Yun was retained to the Colorado Court of Appeals on November 8, 2022 with 69.5% of the vote.

Retention
 Vote
%
Votes
✔
Yes
 
69.5
 
 1,308,404
No
 
30.5
 
 574,369
Total Votes
 1,882,773

It has been certified. Source



2020

See also: Colorado intermediate appellate court elections, 2020

The terms of four Colorado Court of Appeals justices expired on January 11, 2021. The four seats were up for retention election on November 3, 2020. A full term on the court is eight years.

Candidates and results

Welling's seat

Colorado Court of Appeals, Craig Welling's seat

Craig Welling was retained to the Colorado Court of Appeals on November 3, 2020 with 70.1% of the vote.

Retention
 Vote
%
Votes
✔
Yes
 
70.1
 
 1,851,221
No
 
29.9
 
 790,433
Total Votes
 2,641,654

It has been certified. Source

Tow's seat

Colorado Court of Appeals, Ted Tow's seat

Ted C. Tow was retained to the Colorado Court of Appeals on November 3, 2020 with 70.8% of the vote.

Retention
 Vote
%
Votes
✔
Yes
 
70.8
 
 1,874,266
No
 
29.2
 
 773,266
Total Votes
 2,647,532

It has been certified. Source



2018

See also: Colorado judicial elections, 2018

Candidates and results

Dailey's seat

General election candidates

Richman's seat

General election candidates

Harris' seat

General election candidates

Freyre's seat

General election candidates

Did not file for retention

2016

Judges who faced retention

■ Karen M. Ashby Green check mark transparent.png
■ Michael Berger Green check mark transparent.png
■ Steve Bernard Green check mark transparent.png
■ Stephanie Erin Dunn Green check mark transparent.png
■ David Furman Green check mark transparent.png
■ Robert Hawthorne Green check mark transparent.png
■ Jerry N. Jones Green check mark transparent.png
■ Anthony Navarro Green check mark transparent.png
■ Gilbert Roman Green check mark transparent.png
■ Diana Terry Green check mark transparent.png

Election results

November 8 general election
Karen M. Ashby was retained in the Colorado Court of Appeals, Ashby's seat election with 69.25% of the vote.
Colorado Court of Appeals, Ashby's seat, 2016
Name Yes votes
Green check mark transparent.pngKaren M. Ashby69.25%
Source: Colorado Secretary of State Official Certified Results
Michael Berger was retained in the Colorado Court of Appeals, Berger's seat election with 68.91% of the vote.
Colorado Court of Appeals, Berger's seat, 2016
Name Yes votes
Green check mark transparent.pngMichael Berger68.91%
Source: Colorado Secretary of State Official Certified Results
Steve Bernard was retained in the Colorado Court of Appeals, Bernard's seat election with 63.35% of the vote.
Colorado Court of Appeals, Bernard's seat, 2016
Name Yes votes
Green check mark transparent.pngSteve Bernard63.35%
Source: Colorado Secretary of State Official Certified Results
Stephanie Erin Dunn was retained in the Colorado Court of Appeals, Dunn's seat election with 71.10% of the vote.
Colorado Court of Appeals, Dunn's seat, 2016
Name Yes votes
Green check mark transparent.pngStephanie Erin Dunn71.10%
Source: Colorado Secretary of State Official Certified Results
David Furman was retained in the Colorado Court of Appeals, Furman's seat election with 70.45% of the vote.
Colorado Court of Appeals, Furman's seat, 2016
Name Yes votes
Green check mark transparent.pngDavid Furman70.45%
Source: Colorado Secretary of State Official Certified Results
Robert Hawthorne was retained in the Colorado Court of Appeals, Hawthorne's seat election with 70.63% of the vote.
Colorado Court of Appeals, Hawthorne's seat, 2016
Name Yes votes
Green check mark transparent.pngRobert Hawthorne70.63%
Source: Colorado Secretary of State Official Certified Results
Jerry N. Jones was retained in the Colorado Court of Appeals, Jones' seat election with 60.87% of the vote.
Colorado Court of Appeals, Jones' seat, 2016
Name Yes votes
Green check mark transparent.pngJerry N. Jones60.87%
Source: Colorado Secretary of State Official Certified Results
Anthony Navarro was retained in the Colorado Court of Appeals, Navarro's seat election with 65.52% of the vote.
Colorado Court of Appeals, Navarro's seat, 2016
Name Yes votes
Green check mark transparent.pngAnthony Navarro65.52%
Source: Colorado Secretary of State Official Certified Results
Gilbert Roman was retained in the Colorado Court of Appeals, Roman's seat election with 71.04% of the vote.
Colorado Court of Appeals, Roman's seat, 2016
Name Yes votes
Green check mark transparent.pngGilbert Roman71.04%
Source: Colorado Secretary of State Official Certified Results
Diana Terry was retained in the Colorado Court of Appeals, Terry's seat election with 67.06% of the vote.
Colorado Court of Appeals, Terry's seat, 2016
Name Yes votes
Green check mark transparent.pngDiana Terry67.06%
Source: Colorado Secretary of State Official Certified Results

2014

Retention

JudgeElection Vote
LoebAlan Loeb68.9% ApprovedA
FoxTerry Fox66.4% ApprovedA
See also: Colorado judicial elections, 2012

2012

CandidateIncumbentRetention vote:Retention Vote %
TaubmanDaniel Taubman   ApprovedAYes1,357,45271.42%ApprovedA
GrahamDennis Graham   ApprovedAYes1,336,26169.89%ApprovedA
MillerGale Miller   ApprovedAYes1,350,97770.88%ApprovedA
CaseboltJames Casebolt   ApprovedAYes1,391,60472.64%ApprovedA
WebbJohn Webb (Colorado)   ApprovedAYes1,359,52171.63%ApprovedA
BoorasLaurie Booras   ApprovedAYes1,395,80372.19%ApprovedA
See also: Colorado judicial elections, 2012

Noteworthy cases

The following are noteworthy cases heard before the Colorado Court of Appeals. Know of a case we should cover here? Let us know by emailing us.

Counterman v. Colorado

See also Counterman v. Colorado

Counterman v. Colorado is a case that was decided by the Supreme Court of the United States on June 27, 2023, during the court's October 2022-2023 term. It was argued before the Supreme Court of the United States on April 19, 2023. The justices were asked to determine how to test whether a statement should be considered a true threat. Specifically, they were asked if a subjective test, showing the speaker intended the statement to be threatening, or if an objective test, showing that a reasonable person would feel threatened by the statement, should be applied.[12][13]

In a 7-2 opinion, the court affirmed and remanded the judgment of the Colorado Court of Appeals. The court held that in true-threat cases unprotected by the First Amendment, the state has to prove that the defendant had some subjective understanding of the threatening nature of their statements, but the First Amendment requires no more demanding a showing than recklessness. Justice Elena Kagan delivered the opinion of the court.[14]


Ethics

The Colorado Code of Judicial Conduct sets forth ethical guidelines and principles for the conduct of judges and judicial candidates in Colorado. It consists of four overarching canons:

“
  • Canon 1: "A judge shall uphold and promote the independence, integrity, and impartiality of the judiciary and shall avoid impropriety and the appearance of impropriety."
  • Canon 2: "A judge shall perform the duties of judicial office impartially, competently, and diligently."
  • Canon 3: "A judge shall conduct the judge’s personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office."
  • Canon 4: "A judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary."[15][16]
 ”

The full text of the Colorado Code of Judicial Conduct can be found here.

Removal of judges

Judges in Colorado may be removed in one of three ways:

State profile

Demographic data for Colorado
 ColoradoU.S.
Total population:5,448,819316,515,021
Land area (sq mi):103,6423,531,905
Race and ethnicity**
White:84.2%73.6%
Black/African American:4%12.6%
Asian:2.9%5.1%
Native American:0.9%0.8%
Pacific Islander:0.1%0.2%
Two or more:3.5%3%
Hispanic/Latino:21.1%17.1%
Education
High school graduation rate:90.7%86.7%
College graduation rate:38.1%29.8%
Income
Median household income:$60,629$53,889
Persons below poverty level:13.5%11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Colorado.
**Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in Colorado

Colorado voted for the Democratic candidate in four out of the six presidential elections between 2000 and 2020.

Pivot Counties (2016)

Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, four are located in Colorado, accounting for 1.94 percent of the total pivot counties.[18]

Pivot Counties (2020)

In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Colorado had three Retained Pivot Counties and one Boomerang Pivot County, accounting for 1.66 and 4.00 percent of all Retained and Boomerang Pivot Counties, respectively.

More Colorado coverage on Ballotpedia

See also

Colorado Judicial Selection More Courts
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Courts in Colorado
Colorado Court of Appeals
Colorado Supreme Court
Elections: 2024 • 2023 • 2022 • 2021 • 2020 • 2019 • 2018 • 2017
Gubernatorial appointments
Judicial selection in Colorado
Federal courts
State courts
Local courts

External links

Footnotes

  1. ↑ Ballotpedia, "Colorado Constitution, Article VI, Section 20," accessed May 8, 2015
  2. ↑ Colorado Secretary of State, "Court of Appeals Directory," January 24, 2014
  3. ↑ Colorado Appeals Blog, "Information about the Colorado appellate court," December 13, 2010
  4. ↑ The Colorado Court of Appeals was first established in 1891, but was abolished and re-established up to 1970, when it was established in its current form.
  5. ↑ The salary of the chief judge may be higher than an associate judge.
  6. ↑ 6.0 6.1 Colorado Judicial Branch, "Court of Appeals," accessed May 8, 2015
  7. ↑ Colorado Judicial Branch, "Future Case Announcements," accessed September 9, 2015
  8. ↑ 8.0 8.1 8.2 Colorado Judicial Branch, "Judicial Nominating Commissions," accessed March 28, 2023
  9. ↑ Colorado Judicial Branch, "Court of Appeals," accessed March 28, 2023
  10. ↑ Colorado Judicial Branch, "What it takes to become a Judge," accessed March 28, 2023
  11. ↑ Colorado Judicial Branch, "Colorado Supreme Court," accessed March 28, 2023
  12. ↑ SCOTUSblog, "Relist-palooza: Religious exercise, the False Claims Act, takings clause, RICO, bank secrecy, and more," January 11, 2023
  13. ↑ The Supreme Court of the United States, "BILLY RAYMOND COUNTERMAN, PETITIONER v. THE PEOPLE OF THE STATE OF COLORADO ON PETITION FOR A WRIT OF CERTIORARI TO THE COLORADO COURT OF APPEALS, DIVISION II REPLY BRIEF FOR THE PETITIONER," October 26, 2022
  14. ↑ U.S. Supreme Court, "Counterman v. Colorado - Certiorari to the Court of Appeals of Colorado," accessed June 28, 2023
  15. ↑ Colorado Judicial Branch, "Colorado Code of Judicial Conduct," amended July 1, 2010
  16. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  17. ↑ National Center For State Courts, "Removal of Judges: Colorado," accessed May 9, 2015
  18. ↑ The raw data for this study was provided by Dave Leip of Atlas of U.S. Presidential Elections.

Colorado courts

Federal courts:

Tenth Circuit Court of Appeals • U.S. District Court: District of Colorado • U.S. Bankruptcy Court: District of Colorado

State courts:

Colorado Supreme Court • Colorado Court of Appeals • Colorado District Courts • Colorado County Courts • Denver Probate Court • Denver Juvenile Court • Colorado Municipal Courts • Colorado Water Courts

State resources:

Courts in Colorado • Colorado judicial elections • Judicial selection in Colorado

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State intermediate appellate courts
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