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This November, voters statewide will decide whether to retain 135 judges for terms of four to eight years. Unlike other races on the ballot where multiple candidates are seeking a single position, judicial retention requires voters to select either “yes” or “no.”

Here are answers to some basic questions about retention elections.

Q: Do we elect judges in Colorado?

A: Not exactly. In many states, people campaign to be judges, sometimes in partisan elections. Here, the governor appoints judges and voters decide whether they continue in office after a probationary period.

Voters approved a constitutional amendment in 1966 to adopt the system we now have. Judges can serve for as long as the voters continue to retain them, up to the mandatory retirement age of 72.

Q: How long do judges stay in office?

A: County court judges serve terms of four years. District court judges, who have general jurisdiction over cases, serve six years. Court of Appeals judges have eight-year terms, and Supreme Court justices serve for 10 years. There is no limit to the number of terms they can serve.

Q: What happens if a judge doesn’t get retained?

A: The governor gets to appoint a new judge in the event of vacancies. Citizen-led commissions, which have a mix of lawyers and nonlawyers, screen applicants and send a list of finalists to the governor – typically three people. The governor’s office conducts additional screening and interviewing, which results in an appointment.

Q: How do I know if someone is a good judge?

A: There’s no surefire way, but each of the state’s 22 judicial districts has a performance commission that prepares a summary of each judge’s work for voters. An additional commission handles Court of Appeals judges and Supreme Court justices.

The summaries, which appear in the Blue Book and online, advise voters whether judges meet or don’t meet performance standards. The data stem from surveys given to lawyers who appear before the judges, surveys to non-lawyers, courtroom observations and input from chief judges of the judicial districts, among other sources of information.

Ultimately, they are measured on their case management, knowledge of the law, demeanor, communications skills and fairness. 

Q: What does it mean to meet or not meet performance standards?

A: There are numerous questions the performance commissions answer when determining whether a judge meets performance standards. For example, did the judge ask understandable and relevant questions in court? Did the judge have control over the courtroom? During sentencing, did the judge listen to all sides and clearly state the reasoning for the sentence? And did the judge correct issues with their performance that were noted previously?

Q: How many judges this year didn’t meet performance standards?

A: According to the performance commissions, all 135 judges on the ballot met performance standards.

Q: Do I vote on all 135 judges?

A: You only vote to retain the county and district court judges where you live. You’re also able to vote on judges with statewide jurisdiction, meaning the Court of Appeals and Supreme Court. This year, no Supreme Court justices are up for retention.

Q: How do I know if a judge made bad decisions or misbehaved?

A: There is no easy way to get that information. Appeals of trial judges’ decisions take years, and not all appeals are equal. For example, sometimes a judge misapplies law that is clear. But other times, the law is murky and a judge makes their best effort to give an answer, only to be reversed on appeal.

The Colorado Commission on Judicial Discipline investigates misconduct complaints about judges, but there is substantial secrecy built into the process. Performance commissions may not know that a judge has been privately reprimanded, or that a report has even been made about a judge.