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| Colorado Supreme Court |
|---|
| Court Information |
| Justices: 7 |
| Founded: 1876 |
| Location: Denver |
| Salary |
| Associates: $221,302[1] |
| Judicial Selection |
| Method: Assisted appointment (governor-controlled commission) |
| Term: 10 years |
| Active justices |
| Maria Berkenkotter, Susan Blanco, Brian Boatright, Richard Gabriel, William W. Hood, Monica Márquez, Carlos Armando Samour Jr. |
Founded in 1876, the Colorado Supreme Court is the state's court of last resort and has seven judgeships. The current chief of the court is Monica Márquez.
As of February 2026, all seven judges on the court were appointed by Democratic governors.
The Colorado Supreme Court meets in the Ralph L. Carr Colorado Judicial Center in Denver, Colorado.[2]
In Colorado, state supreme court justices are selected through assisted appointment with a governor-controlled judicial nominating commission. Justices are appointed by the governor with the assistance of a commission with a majority of members selected by the governor. There are 10 states that use this selection method. To read more about the assisted appointment of judges, click here.
Most of the cases that come before the Colorado Supreme Court are appeals of decisions issued by the Colorado Court of Appeals. However, the court also has jurisdiction in "cases in which a statute is held to be unconstitutional, cases involving decisions of the Public Utilities Commission, writs of Habeas Corpus, cases involving adjudication of water rights, summary proceedings initiated under the Election Code, and prosecutorial appeals concerning search and seizure questions in pending criminal proceedings."[3] The court also has jurisdiction to create rules governing practices in civil and criminal actions.[4]
The chief justice serves as the executive head of the state judicial system and is the ex-officio chair of the Supreme Court Nominating Commission. The chief justice appoints the chief judge of the Colorado Court of Appeals and of each of the state's 22 judicial districts.[5]
Attorneys in the state are disciplined and licensed by the supreme court. The court also oversees the State Court Administrator, Board of Law Examiners, Commission on Judicial Discipline, and Unauthorized Practice of Law Committee.[6]
The following text from Article VI, Sections 2 and 3 of the Colorado Constitution, covers the organization and jurisdiction of the court:
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Appellate Jurisdiction (1) The supreme court, except as otherwise provided in this constitution, shall have appellate jurisdiction only, which shall be coextensive with the state, and shall have a general superintending control over all inferior courts, under such regulations and limitations as may be prescribed by law. (2) Appellate review by the supreme court of every final judgment of the district courts, the probate court of the city and county of Denver, and the juvenile court of the city and county of Denver shall be allowed, and the supreme court shall have such other appellate review as may be provided by law. There shall be no appellate review by the district court of any final judgment of the probate court of the city and county of Denver or of the juvenile court of the city and county of Denver. Original Jurisdiction Opinions The supreme court shall have power to issue writs of habeas corpus, mandamus, quo warranto, certiorari, injunction, and such other original and remedial writs as may be provided by rule of court with authority to hear and determine the same; and each judge of the supreme court shall have like power and authority as to writs of habeas corpus. The supreme court shall give its opinion upon important questions upon solemn occasions when required by the governor, the senate, or the house of representatives; and all such opinions shall be published in connection with the reported decision of said court. [7] |
” |
| —Colorado Constitution, Article VI, Sections 2 and 3 | ||
The table below lists the current judges of the Colorado Supreme Court, their political party, when they assumed office, and the appointing governor.
| Office | Name | Party | Date assumed office | Appointed by |
|---|---|---|---|---|
| Colorado Supreme Court | Maria Berkenkotter | Nonpartisan | January 1, 2021 | Jared Polis (D) |
| Colorado Supreme Court | Susan Blanco | Nonpartisan | February 17, 2026 | Jared Polis (D) |
| Colorado Supreme Court | Brian Boatright | Nonpartisan | 2011 | John Hickenlooper (D) |
| Colorado Supreme Court | Richard Gabriel | Nonpartisan | 2015 | John Hickenlooper (D) |
| Colorado Supreme Court | William W. Hood | Nonpartisan | January 13, 2014 | John Hickenlooper (D) |
| Colorado Supreme Court | Monica Márquez | Nonpartisan | 2010 | Bill Ritter (D) |
| Colorado Supreme Court | Carlos Armando Samour Jr. | Nonpartisan | 2018 | John Hickenlooper (D) |
In 2025, the justices of the court received a salary of $221,302, according to the National Center for State Courts.[8]
The seven justices on the Colorado Supreme Court are selected through the assisted appointment method. Each justice 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 10 years.[10]
To serve on this court, a justice must be:[11]
The chief justice of the supreme court is selected by peer vote. Beginning in January 2021, the chief justice began serving for a set term on a rotating basis. Previously, the chief justice served indefinitely as long as he or she had the support of his or her peers.[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 justice'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 justice stands for retention in the next general election. The justice then serves a full 10-year term if he or she is retained by voters.[10]
The map below highlights how vacancies are filled in state supreme courts across the country.
See also: Colorado Supreme Court elections, 2030
There are no official candidates yet for this election.
There are no official candidates yet for this election.
See also: Colorado Supreme Court elections, 2028
There are no official candidates yet for this election.
See also: Colorado Supreme Court elections, 2026
There are no official candidates yet for this election.
See also: Colorado Supreme Court elections, 2024
Brian Boatright was retained to the Colorado Supreme Court on November 5, 2024 with 62.8% of the vote.
Retention Vote | % | Votes | |
| ✔ | Yes | 62.8 | 1,571,597 |
| No | 37.2 | 930,272 | |
| Total Votes | 2,501,869 |
| The results have been certified. Source |
Monica Márquez was retained to the Colorado Supreme Court on November 5, 2024 with 64.1% of the vote.
Retention Vote | % | Votes | |
| ✔ | Yes | 64.1 | 1,613,684 |
| No | 35.9 | 905,209 | |
| Total Votes | 2,518,893 |
| The results have been certified. Source |
Maria Berkenkotter was retained to the Colorado Supreme Court on November 5, 2024 with 66.8% of the vote.
Retention Vote | % | Votes | |
| ✔ | Yes | 66.8 | 1,685,363 |
| No | 33.2 | 837,630 | |
| Total Votes | 2,522,993 |
| The results have been certified. Source |
See also: Colorado Supreme Court elections, 2020
Carlos Armando Samour Jr. was retained to the Colorado Supreme Court on November 3, 2020 with 73.4% of the vote.
Retention Vote | % | Votes | |
| ✔ | Yes | 73.4 | 1,966,343 |
| No | 26.6 | 710,809 | |
| Total Votes | 2,677,152 |
| The results have been certified. Source |
Melissa Hart was retained to the Colorado Supreme Court on November 3, 2020 with 74.6% of the vote.
Retention Vote | % | Votes | |
| ✔ | Yes | 74.6 | 2,020,956 |
| No | 25.4 | 689,323 | |
| Total Votes | 2,710,279 |
| The results have been certified. Source |
See also: Colorado Supreme Court elections, 2018
Richard Gabriel was retained to the Colorado Supreme Court on November 6, 2018 with 74.3% of the vote.
Retention Vote | % | Votes | |
| ✔ | Yes | 74.3 | 1,497,141 |
| No | 25.7 | 517,347 | |
| Total Votes | 2,014,488 |
| The results have been certified. Source |
Colorado Governor Jared Polis (D) appointed Maria Berkenkotter to the Colorado Supreme Court on November 20, 2020. Berkenkotter was Polis' first nominee to the seven-member supreme court.[13] She succeeded Chief Justice Nathan Coats. Coats retired on January 22, 2021, when he reached the mandatory retirement age of 72.[14][15]
At the time of the vacancy, state supreme court justices were selected by the governor with help from a nominating commission, under Colorado law.
Colorado Supreme Court Chief Justice Nancy Rice retired on June 30, 2018.[16]
Under Colorado law, Gov. John Hickenlooper appointed Rice's replacement. On May 30, 2018, Hickenlooper announced the appointment of Judge Carlos Samour Jr. to fill Rice's seat. Samour was Hickenlopper's fifth nominee to the seven-member Supreme Court.[17]
The table below details the number of cases filed with the court and the number of dispositions the court reached each year.[18][19][20]
| Colorado Supreme Court caseload data | ||
|---|---|---|
| Year | Filings | Dispositions |
| 2024 | 1,340 | 1,373 |
| 2023 | 1,451 | 1,403 |
| 2022 | 1,489 | 1,400 |
| 2021 | 1,503 | 1,460 |
| 2020 | 1,455 | 1,429 |
| 2019 | 1,333 | 1,359 |
| 2018 | 1,231 | 1,216 |
| 2017 | 1,285 | 1,012 |
| 2016 | 1,494 | 1,522 |
| 2015 | 1,549 | 1,624 |
| 2014 | 1,465 | 1,401 |
| 2013 | 1,457 | 1,508 |
| 2012 | 1,494 | 1,612 |
| 2011 | 1,387 | 1,440 |
| 2010 | 1,518 | 1,554 |
| 2009 | 1,643 | 1,554 |
| 2008 | 1,657 | 1,760 |
| 2007 | 1,534 | 1,450 |
In 2020, Ballotpedia published Ballotpedia Courts: Determiners and Dissenters, a study on how state supreme court justices decided the cases that came before them. Our goal was to determine which justices ruled together most often, which frequently dissented, and which courts featured the most unanimous or contentious decisions.
The study tracked the position taken by each state supreme court justice in every case they decided in 2020, then tallied the number of times the justices on the court ruled together. We identified the following types of justices:
For the study's full set of findings in Colorado, click here.
Last updated: June 15, 2020
In 2020, Ballotpedia published Ballotpedia Courts: State Partisanship, a study examining the partisan affiliation of all state supreme court justices in the country as of June 15, 2020.
The study presented Confidence Scores that represented our confidence in each justice's degree of partisan affiliation, based on a variety of factors. This was not a measure of where a justice fell on the political or ideological spectrum, but rather a measure of how much confidence we had that a justice was or had been affiliated with a political party. To arrive at confidence scores we analyzed each justice's past partisan activity by collecting data on campaign finance, past political positions, party registration history, as well as other factors. The five categories of Confidence Scores were:
We used the Confidence Scores of each justice to develop a Court Balance Score, which attempted to show the balance among justices with Democratic, Republican, and Indeterminate Confidence Scores on a court. Courts with higher positive Court Balance Scores included justices with higher Republican Confidence Scores, while courts with lower negative Court Balance Scores included justices with higher Democratic Confidence Scores. Courts closest to zero either had justices with conflicting partisanship or justices with Indeterminate Confidence Scores.[22]
Colorado had a Court Balance Score of -4.43, indicating Democratic control of the court. In total, the study found that there were 15 states with Democrat-controlled courts, 27 states with Republican-controlled courts, and eight states with Split courts. The map below shows the court balance score of each state.
In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan outlook of state supreme court justices in their paper, "State Supreme Court Ideology and 'New Style' Judicial Campaigns." A score above 0 indicated a more conservative-leaning ideology while scores below 0 were more liberal. The state Supreme Court of Colorado was given a campaign finance score (CFscore), which was calculated for judges in October 2012. At that time, Colorado received a score of -0.29. Based on the justices selected, Colorado was the 16th most liberal court. The study was based on data from campaign contributions by judges themselves, the partisan leaning of contributors to the judges, or—in the absence of elections—the ideology of the appointing body (governor or legislature). This study was not a definitive label of a justice but rather an academic gauge of various factors.[23]
The following are noteworthy cases heard before the Colorado Supreme Court. For a full list of opinions published by the court, click here. Know of a case we should cover here? Let us know by emailing us.
| • On removing Donald Trump (R) from Colorado's presidential primary ballot | Click for summary→ |
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On March 4, 2024, the United States Supreme Court ruled unanimously in Trump v. Anderson that Colorado could not remove Donald Trump (R) from its presidential primary ballot. The Court wrote, "responsibility for enforcing Section 3 [of the 14th Amendment] against federal officeholders and candidates rests with Congress and not the States." The opinion said that Fourteenth Amendment enforcement in federal elections was not specifically delegated to the states and that "an evolving electoral map could dramatically change the behavior of voters, parties, and States across the country, in different ways and at different times. The disruption would be all the more acute—and could nullify the votes of millions and change the election result—if Section 3 enforcement were attempted after the Nation has voted. Nothing in the Constitution requires that we endure such chaos—arriving at any time or different times, up to and perhaps beyond the Inauguration."[24] The Supreme Court overruled a December 19, 2023, ruling from the Colorado Supreme Court that excluded Trump from the state's primary ballot. The 4-3 ruling reversed a Denver district court's ruling that Section 3 of the 14th Amendment, which "disqualifies people who have engaged in insurrection against the Constitution after having taken an oath to support it from holding office," did not apply to the presidency.[25] The state supreme court said, "A majority of the court holds that President Trump is disqualified from holding the office of President under Section Three of the Fourteenth Amendment of the United States Constitution. Because he is disqualified, it would be a wrongful act under the Election Code for the Colorado Secretary of State to list him as a candidate on the presidential primary ballot."[26] On January 5, 2024, the U.S. Supreme Court agreed to review the Colorado Supreme Court’s decision barring Trump from the state’s primary ballot. Oral arguments in the case took place on February 8, 2024.[27] The Colorado Supreme Court was the first court in the country to determine that the 14th Amendment's disqualification clause applied to Trump. The decision was stayed until January 4, 2024, to allow for appeals. Trump's campaign said they would appeal the decision to the U.S. Supreme Court.[25] Trump campaign spokesman Steven Cheung said, "Unsurprisingly, the all-Democrat appointed Colorado Supreme Court has ruled against President Trump, supporting a Soros-funded, left-wing group’s scheme to interfere in an election on behalf of Crooked Joe Biden by removing President Trump’s name from the ballot and eliminating the rights of Colorado voters to vote for the candidate of their choice. We have full confidence that the U.S. Supreme Court will quickly rule in our favor and finally put an end to these un-American lawsuits."[25] On January 5, 2024, the U.S. Supreme Court agreed to review the Colorado Supreme Court’s decision barring Trump from the state’s primary ballot. Oral arguments in the case took place on February 8, 2024.[28] Maine and Illinois also issued rulings attempting to remove Trump from the ballot before the U.S. Supreme Court issued an opinion on the matter. | |
| • On banning gun magazines with a capacity of 15 or more rounds (2020) | Click for summary→ |
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On June 29, 2020, the court upheld HB 1224, a 2013 law that banned gun magazines holding more than 15 rounds.[29] Rocky Mountain Gun Owners, a Colorado nonprofit organization, filed suit against Gov. Jared Polis (D) on April 22, 2019.[30] The National Association for Gun Rights also joined as a plaintiff in the case. The court heard arguments in the case on August 13, 2019.[31] | |
| • On whether the Defend Colorado Now initiative could appear on ballot (2006) | Click for summary→ |
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In 2006, Defend Colorado Now sought to get an initiative on the ballot that would prohibit individuals residing in the U.S. without legal permission from receiving public services except those required by the federal government. In a 4-2 ruling, the court said that the initiative violated the state's single-subject rule and could not appear on the upcoming ballot because it related to two different topics: decreasing taxpayer funds for medical and social services and restricting certain administrative services. Justice Martinez wrote the majority decision, with Justices Mullarkey, Hobbs and Bender concurring; Justices Coats and Rice dissented. Justice Eid recused herself. [32] | |
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:
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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:
Colorado's court history began before the area became a state or even a territory. In 1859, miners districts were established for miners to resolve disputes related to property rights, boundaries, crime, and the like. A large portion of Colorado was originally part of Arapahoe County in the Territory of Kansas and was served by the territory's courts. Additionally, an 1859 election established an unsanctioned area called the Territory of Jefferson, and the government instituted its own supreme court, served by three justices. Conflict arose regarding the jurisdiction of the Arapahoe County courts versus the courts in the Jefferson territory, and citizens created People's Courts to fill the void left by the conflict. People's Courts were organized and run by upper-class residents on an ad-hoc basis to resolve crimes and prosecute offenses.[35]
Colorado became a recognized territory in February 1861, and at this point, the competing courts all ceded power to the new government. Three justices were appointed by President Abraham Lincoln to the new Supreme Court and the territory was divided into three judicial districts.[36]
On August 1, 1876 the territory of Colorado gained statehood. The state's constitution provided for a judicial branch headed by a supreme court made up of three justices, and it provided for four judicial districts, with one judge serving each district. By 1905 the supreme court had grown to seven justices to deal with the caseload. All supreme court justices hear every case and today.[37] Justices were initially elected via partisan elections. A push began to change that method in 1939, initiated by Colorado Bar Association President William R. Kelly. Voters finally approved the measure on November 8, 1966 with a constitutional amendment providing that supreme court justice candidates would be nominated by a statewide judicial nominating commission and one of those candidates would be appointed by the governor within 15 days. Justices serve at least two years before they stand for nonpartisan retention elections every ten years.[38][39]
In Colorado, there is one federal district court, a state supreme court, a state court of appeals, and trial courts with both general and limited jurisdiction. These courts serve different purposes. The image below depicts the flow of cases through Colorado's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.
A state government trifecta is a term that describes single-party government, when one political party holds the governor's office and has majorities in both chambers of the legislature in a state government. A state supreme court plays a role in the checks and balances system of a state government.
Colorado has a Democratic trifecta. The Democratic Party controls the office of governor and both chambers of the state legislature.
Colorado Party Control: 1992-2026
Fourteen years of Democratic trifectas • Four years of Republican trifectas
Scroll left and right on the table below to view more years.
| Year | 92 | 93 | 94 | 95 | 96 | 97 | 98 | 99 | 00 | 01 | 02 | 03 | 04 | 05 | 06 | 07 | 08 | 09 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Governor | D | D | D | D | D | D | D | R | R | R | R | R | R | R | R | D | D | D | D | D | D | D | D | D | D | D | D | D | D | D | D | D | D | D | D |
| Senate | R | R | R | R | R | R | R | R | R | D | D | R | R | D | D | D | D | D | D | D | D | D | D | R | R | R | R | D | D | D | D | D | D | D | D |
| House | R | R | R | R | R | R | R | R | R | R | R | R | R | D | D | D | D | D | D | R | R | D | D | D | D | D | D | D | D | D | D | D | D | D | D |
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