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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 | |||
| Court information | |||
| Judges: | 22 | ||
| Founded: | 1891, 1970[4] | ||
| Salary: | Associates: $212,535[5] | ||
| Judicial selection | |||
| Method: | Assisted appointment | ||
| Term: | 8 years | ||
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]
| Judge | Tenure | Appointed By |
|---|---|---|
|
August 1, 2005 - Present |
Bill Owens |
|
|
July 1, 2015 - Present |
John Hickenlooper |
|
|
January 16, 2017 - Present |
John Hickenlooper |
|
|
January 9, 2019 - Present |
John Hickenlooper |
|
|
January 9, 2019 - Present |
John Hickenlooper |
|
|
February 12, 2018 - Present |
John Hickenlooper |
|
|
March 8, 2019 - Present |
Jared Polis |
|
|
May 31, 2019 - Present |
Jared Polis |
|
|
February 27, 2020 - Present |
Jared Polis |
|
|
September 21, 2015 - Present |
John Hickenlooper |
|
|
November 23, 2012 - Present |
John Hickenlooper |
|
|
September 1, 2010 - Present |
Bill Ritter |
|
|
February 13, 2020 - Present |
Jared Polis |
|
|
March 2, 2020 - Present |
Jared Polis |
|
|
January 14, 2025 - Present |
Jared Polis |
|
|
July 5, 2006 - Present |
Bill Owens |
|
|
November 7, 2022 - Present |
Jared Polis |
|
|
November 16, 2022 - Present |
Jared Polis |
|
|
January 1, 2024 - Present |
Jared Polis |
|
|
July 7, 2021 - Present |
Jared Polis |
|
|
January 1, 2022 - Present |
Jared Polis |
|
|
January 1, 2024 - Present |
Jared Polis |
In 2025, the associate judges of the court received a salary of $212,535, according to the National Center for State Courts.[7]
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.[8]
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.[9][10]
Initial terms last at least two years, after which justices must stand for retention in a yes-no election. Subsequent terms last eight years.[9]
To serve on this court, a judge must be:[11]
The court's chief judge is appointed by the chief justice of the supreme court to serve indefinitely.[12]
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.[9]
See also: Colorado intermediate appellate court elections, 2030
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See also: Colorado intermediate appellate court elections, 2028
There are no official candidates yet for this election.
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See also: Colorado intermediate appellate court elections, 2026
There are no official candidates yet for this election.
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See also: Colorado intermediate appellate court elections, 2024
Timothy J. Schutz was retained to the Colorado Court of Appeals on November 5, 2024 with 64.8% of the vote.
Retention Vote | % | Votes | |
| ✔ | Yes | 64.8 | 1,558,761 |
| No | 35.2 | 846,107 | |
| Total Votes | 2,404,868 |
| The results have been certified. Source |
Stephanie Dunn was retained to the Colorado Court of Appeals on November 5, 2024 with 68.6% of the vote.
Retention Vote | % | Votes | |
| ✔ | Yes | 68.6 | 1,674,226 |
| No | 31.4 | 766,207 | |
| Total Votes | 2,440,433 |
| The results have been certified. Source |
W. Eric Kuhn was retained to the Colorado Court of Appeals on November 5, 2024 with 67.1% of the vote.
Retention Vote | % | Votes | |
| ✔ | Yes | 67.1 | 1,622,478 |
| No | 32.9 | 795,393 | |
| Total Votes | 2,417,871 |
| The results have been certified. Source |
Jerry N. Jones was retained to the Colorado Court of Appeals on November 5, 2024 with 60.4% of the vote.
Retention Vote | % | Votes | |
| ✔ | Yes | 60.4 | 1,460,408 |
| No | 39.6 | 956,221 | |
| Total Votes | 2,416,629 |
| The results have been certified. Source |
The general election scheduled for November 5, 2024, was canceled.
Gilbert Román was retained to the Colorado Court of Appeals on November 5, 2024 with 67.3% of the vote.
Retention Vote | % | Votes | |
| ✔ | Yes | 67.3 | 1,624,623 |
| No | 32.7 | 787,676 | |
| Total Votes | 2,412,299 |
| The results have been certified. Source |
See also: Colorado intermediate appellate court elections, 2022
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 |
| The results have been certified. Source |
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 |
| The results have been certified. Source |
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 |
| The results have been certified. Source |
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 |
| The results have been certified. Source |
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 |
| The results have been certified. Source |
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 |
| The results have been certified. Source |
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 |
| The results have been certified. Source |
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 |
| The results have been certified. Source |
See also: Colorado intermediate appellate court elections, 2020
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 |
| The results have been certified. Source |
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 |
| The results have been certified. Source |
See also: Colorado intermediate appellate court elections, 2018
John Daniel Dailey was retained to the Colorado Court of Appeals on November 6, 2018 with 73.8% of the vote.
Retention Vote | % | Votes | |
| ✔ | Yes | 73.8 | 1,476,600 |
| No | 26.2 | 523,912 | |
| Total Votes | 2,000,512 |
| The results have been certified. Source |
Rebecca Rankin Freyre was retained to the Colorado Court of Appeals on November 6, 2018 with 74.7% of the vote.
Retention Vote | % | Votes | |
| ✔ | Yes | 74.7 | 1,495,184 |
| No | 25.3 | 506,734 | |
| Total Votes | 2,001,918 |
| The results have been certified. Source |
Elizabeth Harris was retained to the Colorado Court of Appeals on November 6, 2018 with 63.5% of the vote.
Retention Vote | % | Votes | |
| ✔ | Yes | 63.5 | 1,268,530 |
| No | 36.5 | 729,496 | |
| Total Votes | 1,998,026 |
| The results have been certified. Source |
David Richman was retained to the Colorado Court of Appeals on November 6, 2018 with 72.9% of the vote.
Retention Vote | % | Votes | |
| ✔ | Yes | 72.9 | 1,446,472 |
| No | 27.1 | 537,887 | |
| Total Votes | 1,984,359 |
| The results have been certified. Source |
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.
This section focuses on cases the U.S. Supreme Court heard that originated in this court. To suggest cases we should cover here, email us.
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.[13][14]
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.[15]
| 2022-2023 Colorado Court of Appeals | |||
|---|---|---|---|
| Case | Opinion author | Decision | Vote |
| Counterman v. Colorado | Elena Kagan | affirmed and remanded | 7-2 |
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 eight overarching canons:
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The full text of the Colorado Code of Judicial Conduct can be found here.
Judges in Colorado may be removed in one of three ways:
| Demographic data for Colorado | ||
|---|---|---|
| Colorado | U.S. | |
| Total population: | 5,448,819 | 316,515,021 |
| Land area (sq mi): | 103,642 | 3,531,905 |
| 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. | ||
Colorado voted for the Democratic candidate in five out of the seven presidential elections between 2000 and 2024.
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.[19]
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
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