DENVER—A former prosecutor who became a judge experienced in presiding over juvenile cases is Gov. John Hickenlooper’s first appointment to Colorado’s Supreme Court.
The governor said in announcing the appointment Thursday that Judge Brian Boatright is a good listener who understands the implications of his decisions.
“He brings certain intangibles,” said Hickenlooper, a Democrat. “Again, that ability to really hear people and listen and then respond in a very constructive way to their concerns.”
Boatright, a registered Republican since 1980 who is replacing a liberal justice, might get one of his first chances to make his presence felt on the bench when justices weigh new proposed district maps for the Legislature, a process undertaken every 10 years to reflect population changes. The state Supreme Court will issue a decision on the maps by Dec. 14. The court could also hear arguments later in a congressional redistricting lawsuit pending in district court.
Boatright may also have a say in a district court lawsuit challenging the constitutionality of how Colorado funds its education system. Hickenlooper has said that if the state loses, officials would be forced to dedicate most of the Colorado budget to education. The plaintiffs in the lawsuit maintain they’re not asking for more money but for funds to be used where they’re needed the most.
“I will make a commitment that I will always do my best to serve the citizens, to apply the law as it’s written and to do my best,” said Boatright.
He has been a judge in the 1st Judicial District, which covers Jefferson and Gilpin counties since 1999 and has spent much of his time presiding over juvenile cases. He was a prosecutor in the same district from 1990 to 1999.
The 49-year-old judge earned his law degree from the University of Denver. He lives in Arvada, is married and has two children.
The Supreme Court Nominating Commission picked three candidates to fill a vacancy created by Justice Alex Martinez, who will retire Oct. 31 to become Denver’s manager of safety.
Boatright is replacing a justice widely considered to be one of the most liberal. But it is difficult to say how Boatright will impact the balance of the court because his time in district court, where judges rarely have published opinions, doesn’t provide much of a paper trail, said Richard Collins, a University of Colorado law professor who follows the state Supreme Court.
That said, Collins added that Boatright is “likely to be at least more in the center” than Martinez.
The other nominees were Frederick Martinez, a corporate attorney, and Patrick O’Rourke, an attorney for the University of Colorado.
Boatright last made a political contribution in 1998, when he gave $100 to the gubernatorial campaign of Republican Bill Owens, and $50 to the campaign of Colorado Republican Attorney General John Suthers, according to Colorado Secretary of State records.
Democratic U.S. Rep. Ed Perlmutter said Boatright is “an excellent judge with outstanding credentials.”
“Additionally, on a personal note he married my wife and me,” Perlmutter said in a statement.
State House Republicans also said they liked Boatright’s selection.
“Judge Boatright’s commitment to applying the law as intended by the legislature and his experience as a trial court judge are welcome attributes to the Court,” said Colorado Springs Rep. Bob Gardner, who chairs the House Judiciary Committee.
No date has been set for Boatright’s swearing in ceremony but it is likely to happen in a few weeks.
———
Find Ivan Moreno on Twitter:
