The state’s 22 judicial districts have gone through such upheaval that Gov. Bill Owens, in his seven years in office, has had the unprecedented opportunity to appoint more than half of the state’s judges.
Since 1999, Owens has appointed 72 of the state’s 138 district court judges because many of the judges have left their benches, records show. He has also reshaped the Colorado Court of Appeals by placing nine of his appointees onto the 16-judge bench.
“From my first day in office, I understood that appointing judges is one of my most important responsibilities,” Owens said. “The vast number of judges I appoint will serve well beyond my term in office.”
His critics argue that Owens mainly appoints Republicans and prosecutors. Of Owens’ appointments, 69 percent are Republicans, 18 percent are Democrats and about 13 percent are unaffiliated.
Owens also has given an edge to former prosecutors, with 58 percent of his appointments to the trial and appeals courts having spent some part of their careers in criminal prosecution.
That could be a problem, some say, because prosecutors can be unprepared for the large number of difficult civil cases that make up the majority of district court dockets.
“You can get your arms around criminal law pretty well. But civil law requires a very steep learning curve because the cases are more complex,” said Frank Plaut, a retired judge and former president of the Colorado Bar Association, who is concerned about the high number of prosecutors being appointed judges. “It’s difficult for someone with a background in criminal law.”
Retired Denver District Court Judge Robert Fullerton agreed.
“Prosecutors as district court judges are at a real disadvantage trying complicated civil cases,” he said. “They manage it all right, but attorneys complain.”
As for appointing more Republicans than Democrats, Owens says he has merely brought “a more conservative balance” back to the courts after 24 years of Democratic governors.
Owens said he goes to great lengths reviewing and interviewing every nominee.
“I look for a judge who will be tough on crime,” he said. “A prosecutorial background can be useful. I think it’s important to look for a judge who truly understands the impact of crime on society.”
The effect of appointing judges can be significant, as conservatives tend to be tougher on crime, particularly drug crimes.
“They’re at the forefront of day-to-day decisions and how people are sentenced,” former Jefferson County District Attorney Dave Thomas said.
Former Gov. Richard Lamm, a Democrat and a lawyer, agreed with Owens about the lasting impact judicial appointments have.
“Appointing judges is the act of a governor that has the longest-lasting impact,” he said. “If done right, it is a very complex process, combining character, learning, professionalism and ethics.”
As for high turnover, only 11 of the 138 district court judges sitting today have served 20 years or more.
The average district court judge has served 8.4 years. They’re appointed to six-year terms.
“When you look back at the great judges, they all had 20 to 30 years of service,” said lawyer Fred Skillern, who resigned three years ago as an Arapahoe County District Court judge.
The 16 Court of Appeals judges have served an average of 7.2 years, slightly less than their appointed terms of eight years.
And of the seven Supreme Court justices, only two – Chief Justice Mary Mullarkey and Justice Rebecca Kourlis, who resigned last week – have served longer than their appointed 10-year terms.
Former Gov. Roy Romer, a Democrat and a lawyer, appointed six of the justices. Replacing Kourlis will be Owens’ second appointment to the highest court.
The counties with the highest population growth – Arapahoe, Douglas, El Paso – have experienced the highest turnover of judges. Judges in those courts say the annual budgets haven’t nearly kept up with the growth of the dockets.
“Arapahoe County District Court has suffered a lot of budget cutbacks,” Skil lern said. “The staffing levels are absurdly low. They have a caseload greater than Denver’s with only 60 percent of the staffing.”
Pay is another issue. District Court judges make $110,500 a year, about half of what an established lawyer with a good practice expects to earn.
Retired Judge Plaut said a Jefferson County District Court judge’s clerk recently left to work for a private law firm at twice her salary.
“A few years ago, we had a courtroom administrator leave to take a straight secretarial job and increased her income by $10,000,” he said.
Staff writer Mike McPhee can be reached at mmcphee@denverpost.com or 303-820- 1409.
Breaking down Owens’ judges Gov. Bill Owens has appointed
81 judges 72 to the
state’s 138 district courts
and nine to the 16-judge appeals
court and is to
name a replacement for Supreme
Court Justice Rebecca
Kourlis. How his appointments
break down:
69% Republican
18% Democrat
13% Unaffiliated
58% Have criminal prosecution
experience
