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Articles by Donald E. L. Johnson

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Bill Ritter would name replacements if any Supreme Court judges aren’t retained

As I've long contended, Governor Bill Ritter would name new judges to the Colorado Supreme Court if any of the three who are up for retention votes Tuesday are defeated, according to ExPat ExLawyer. She writes:

 

As confirmed to me by the judicial branch almost three months ago, current Colorado Democratic governor Bill Ritter would name any replacements of judges not retained in Tuesday’s election.  (See, Article VI, Section 20 of the state constitution).  Now that Lawweek ran a story on it today, I finally felt comfortable blogging on it, as so many Republicans told me otherwise despite my having done a thorough email cross-examination of Judicial Branch Public Information Officer, Rob McCallum.

Here’s his reply to my intense questioning back on August 5:

All judges standing for retention are in the midst of a term that expires on Jan. 11, 2011.  If a judge is not retained and sits through the end of the term (which is historically the case) the nominating commission will convene following the November election and go through the process to send nominees to the Governor who will then appoint the new judge to the bench beginning on, or after, Jan 11, 2011.

If a judge is not retained by the voters and decides to immediately resign (to my knowledge this has never happened) then the nominating commission would begin its process and would have names to the Governor within 30 days of the judges departure.  The Governor would then make the appointment.

In both scenarios it would be Governor Ritter’s appointment.  [Ed:  Ritter's term similarly expires on January 11, 2011]

LINKS:

Clear the Bench won't improve Colorado supreme court, by Donald E. L. Johnson, 8.25.2010.

Posted by Donald E. L. Johnson on 10/29/2010 at 04:39 PM

ColoradoPolitics

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