By Rocky Mountain Voice | Commentary
In addition to 14 amendments and statutory propositions appearing on ballots statewide and local ballot measures, voters are being asked to consider the retention of a number of state judges.
The issue, readers have shared with the Rocky Mountain Voice, is finding complete information in order to make an educated decision on these positions. Below, is the first installment of our judicial retention review, beginning with three members of the Colorado Supreme Court. The three justices to review are, as they appear on your ballot: Hon. Maria E. Berkenkotter, Hon. Brian D. Boatright and Hon. Monica M. Márquez. Information on other judges will be presented in future installments of this series.
Background: Justice Berkenkotter was appointed by Democrat Gov. Jared Polis in 2020. Prior to her appointment to the Colorado Supreme Court in 2021, Berkenkotter served as a District Court Judge in the 20th Judicial District from 2006-2013 and served as the Chief Judge of the 20th Judicial District from 2013-2017. Following her District Court experience, Berkenkotter conducted complex mediations, arbitrations and judge pro-tem appointments while at the Judicial Arbiter Group, Inc. Prior to her judicial experience, she led the antitrust, consumer protection and tobacco litigation units of the Colorado attorney general’s office and was in private practice at Holmes & Starr, P.C. in Denver. She also clerked for Justice Howard M. Kirshbaum of the Colorado Supreme Court after graduating from the University of Denver Sturm College of Law in 1987.
Recommendation: No (oppose). Polis, like all governors, appoints those who he believes can help implement his ideology. Conservatives, most likely, would prefer a justice appointed by a conservative governor. Berkenkotter’s review in 2023 notes that 17% of the 13 responding attorneys and 6% of the 28 responding judges say she did not meet the performance standards. Her 2024 review shows that 10% of the 21 responding attorneys and 0% of the 33 responding judges agreed she did not meet the performance standards. This would indicate her performance was improving, and to her credit, Berkenkotter was one of the three justices who dissented on the opinion of removing President Donald J. Trump from the ballot. But, her dissent was based upon the process and not the constitutionality of the actual case.
State Commission: The State Commission on Judicial Performance found that Berkenkotter “meets performance standards”, by a vote of 10–0 with one recusal. The Colorado statutory judicial performance standards are integrity, legal knowledge, communication skills, judicial temperament, administrative performance, and service to the legal profession and the public.
The Commission founds that Berkenkotter received high scores in all areas in her 2024 evaluation including fairness and impartiality, issuing timely written opinions solidly based upon the facts and law, and being a leader in effective judicial administration and community service. These scores are consistent with the high scores she received in her 2023 interim evaluation. Comments from attorneys and judges include that she is thoughtful, practical, kind and respectful in her approach to the parties, counsel and other justices. Her written opinions are clear and well-organized. The Commission was especially impressed with Berkenkotter’s leadership in addressing the issues raised by the lawyers’ and judges’ use of artificial intelligence and her positive efforts to help achieve team collaboration among other members of the judiciary, law clerks and staff.
To conduct the evaluation, the Commission interviewed Berkenkotter, reviewed her self-evaluation, observed oral arguments, read a selection of her legal opinions and considered survey responses from attorneys and judges.
Background: Justice Boatright was appointed by Democrat Gov. John Hickenlooper in 2011. Boatright was sworn in to the Supreme Court of Colorado in November 2011. In 2021, he was selected by the members of the Supreme Court to be the Chief Justice. He is a Colorado native who graduated from Jefferson High School in 1980 and received his undergraduate degree from Westminster College in Fulton, MO., in 1988. Boatright received his law degree from the University of Denver Sturm College of Law in 1988. After work in private practice, he joined the 1st Judicial District’s district attorney’s office (Jefferson/Gilpin County) from 1990-1999. In 1999, he was appointed as district court judge, where he presided over criminal, civil, domestic, juvenile, probate and mental health dockets. Boatright’s term of chief justice expired in July 2024. Boatright is active in the community with speaking engagements and attending multiple events during the year that include the Jefferson and Gilpin bar association, Court Appointed Special Advocates, and Leadership Jeffco. He also mentors young lawyers who are interested in becoming judges.
Recommendation: No (oppose). Boatright’s last review in 2021 showed that 22% of the 84 responding attorneys and 6% of the 34 responding judges agreed he did not meet the performance standards. In 2024, 8% of the 21 responding attorneys and 2% of the 44 responding judges agreed he did not meet the performance standards. Boatright was one of more than 100 judges who failed to file mandated financial disclosures or failed to verify the filing had been received. This displays a lack of compliance with the law. (Note: It is a misdemeanor to willingly not file a financial disclosure, but this law is rarely enforced.)
The following is from Colorado Politics. “Similarly, the Secretary of State’s Office does not routinely confirm the receipt of any filing unless asked to. In at least one case — that of Supreme Court Chief Justice Brian Boatright — a filing from 2014 remained missing for more than nine years until The Gazette, and then Boatright, asked about it and it was later found. “
State Commission: The State Commission on Judicial Performance found that Boatright “meets performance standards”, by a vote of 8–0 with three recusals. The Colorado statutory judicial performance standards are integrity, legal knowledge, communication skills, judicial temperament, administrative performance, and service to the legal profession and the public.
The Commission found that he meets the Colorado statutory judicial standards. Justice Boatright did an excellent job in leading the entire Colorado court system, including the Supreme Court during his time as chief justice, the Commission found. During his tenure he implemented the “workplace initiative” program and assigned all Supreme Court justices (including himself) as liaison to specific Colorado Court Administrative Divisions. The Commission finds that Justice Boatright is courteous to all parties in the courtroom and his opinions are well-written and understandable. The Commission indicates that Boatright is a valuable asset to the Supreme Court and to the State of Colorado Judicial Branch.
The evaluation of Boatright included a personal interview, reviews of a selection of written opinions, a review of his self-evaluation, and a review of survey responses from attorneys and judges. The Justice received an overall score of 3.6 out of 4 from the survey participants, which includes fellow judges and attorneys. To the question if Justice Boatright meets performance standards 79% of attorneys answered yes, 98% of judges answered yes, and 13% of attorneys had no opinion. A total of 19 attorneys and 44 judges responded to the survey.
Background: Marquez was appointed by Democrat Gov. Bill Ritter in 2010 and became Chief Justice on July 26, 2024. She received a bachelor’s from Stanford University in 1991 and earned her law degree from Yale Law School in 1997. Following graduation, Márquez served as a law clerk for two federal judges. She was in private law practice until 2002, and then worked in the Colorado attorney general’s office. In that office, she served as assistant solicitor general and assistant attorney general in the public officials unit and criminal appellate section, and as deputy attorney general in charge of the state services section. Prior to her appointment to the court, Márquez served on the boards of the Colorado Hispanic Bar Association, the Colorado LGBT Bar Association and the Latina Initiative, and chaired the Denver Mayor’s LGBT Commission.
Recommendation: No (oppose). Marquez was one of the four justices to incorrectly rule President Donald J. Trump could not be on the Colorado ballot, using Section 3 of the 14th Amendment to the U.S. Constitution to frame the argument. The decision was unanimously struck down by the U.S. Supreme Court. Her 2024 review shows 5% of the 20 responding attorneys and 2% of the 41 responding judges agree Marquez did not meet the performance requirements of her position.
State Commission: The State Commission on Judicial Performance found that Márquez “meets performance standards”, by a vote of 10–0 with one recusal. The standards are integrity, legal knowledge, communication skills, judicial temperament and service to the legal profession and the public.
The Commission found Márquez to be well-prepared and articulate in oral argument, courteous, and respectful to attorneys appearing before the court. The Commission reviewed several opinions from Márquez’ and found them to be clear, thoughtful, well-reasoned and issued in a timely manner. The Commission found Marquez to be inquisitive, deeply thoughtful and asked insightful and detailed questions. Overall, the Commission noted Márquez is an asset to the Colorado Supreme Court, while commending her thoughtful reflection and continuous activity in the community. Attorney survey responses indicate that Márquez’ performance is strong in the areas of being fair and impartial toward each side of the case and conducting hearings in a neutral manner. Numerous attorneys commented that Márquez is intelligent, thoughtful and brings a new unbiased vision to the court, and her fairness and impartiality are unquestioned. The survey responses and comments of judges indicate that Márquez is dedicated to bettering the workplace culture of the entire judicial branch. She is methodical in her decision-making and embodies the best qualities of a judicial officer: fair, kind and inclusive. She writes thoughtful opinions, is hard working, and deeply committed to improving the court system.
The Commission surveyed responses from attorneys and judges regarding Márquez’ performance, read opinions she authored, observed her in oral arguments, reviewed her self-evaluation, and conducted a personal interview. She received an overall score of 3.8 on a 4.0 scale.