Rocky article on judicial term limits misled on current law

Written by Media Matters Staff

Published

In reporting that a proposed state constitutional amendment would require judges to stand for retention after a two-year provisional term, the Rocky Mountain News did not mention that justices and judges already face retention elections after two years.

In a September 27 article on a proposed state constitutional amendment, The Rocky Mountain News reported that a ballot measure to impose term limits on Colorado Supreme Court justices and Colorado appellate court judges “would require judges to stand for retention at the end of an approximately two-year provisional term.” However, the article failed to note that under current law, Colorado justices and judges already face retention elections after an initial two-year provisional term. Instead, the article misleadingly reported, “State law currently allows Supreme Court justices to serve for 10 years and appeals court judges eight years before standing for retention in elections.”

From Rocky Mountain News reporter Sara Burnett's September 27 article, “Lively debate on judges”:

State law currently allows Supreme Court justices to serve for 10 years and appeals court judges eight years before standing for retention in elections.

They can serve unlimited additional terms until retirement age.

The ballot measure, known as Amendment 40, would require judges to stand for retention at the end of an approximately two-year provisional term, then again every four years, for a maximum of 10 years.

By stating that justices and judges serve for 10 and eight years, respectively, “before standing for retention in elections,” the News article misleadingly suggests that Amendment 40's initial provisional term requirement represents a departure from current law.

Currently, the governor appoints Colorado Supreme Court justices and Court of Appeals judges who have been recommended by the state nominating committee. After serving a provisional two-year term, Supreme Court justices face retention elections and, if voters retain them, serve 10-year terms, facing retention elections at the end of each term. Court of Appeals judges also serve provisional two-year terms, followed by eight-year terms, and similarly face retention elections at the end of the provisional term and each subsequent full term.

There is no limit to the number of terms justices and judges can serve if voters retain them. If approved by voters in November, Amendment 40 would add provisions to the Colorado Constitution limiting justices and judges to a two-year provisional term followed by a maximum of two four-year terms, with retention elections between those terms.