"Judicial independence does not just happen all by itself. It is tremendously hard to create, and easier than most people imagine to destroy."
Justice Sandra Day O'Connor
The National Voter
February 2008
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The judicial branch was established in the U.S. Constitution* as a co-equal third branch of our government. The primary purposes of the judicial branch are to solve disputes by making fair and impartial decisions based upon facts, uphold the rule of law, and protect our rights. Public confidence in a fair court system is as necessary for our democracy to operate effectively as are fairly elected executives and legislators.
Public confidence in the judicial system is dependent upon the fairness of judicial selection and review processes and the ability of judicial officers to rule in an environment free of bias, influence, and pressure. These processes and the existence of an open environment are what CJI and many other organizations term “judicial independence.”
Colorado has long been on the forefront of establishing programs to ensure judicial independence. Since 1966, Colorado judges have been chosen through a system of judicial merit selection. The merit selection process relies upon the input of Colorado citizens and leaves the final appointment decision to our elected Governor. For more information on judicial selection in Colorado please visit the Judicial Nominating Commissions website.
Colorado judges are also subject to a non-partisan judicial performance review program that utilizes information gathered from the individuals who appear in courtrooms, serve on juries, and work most frequently with judges. This information provides judges with guidance as to their performance as well as providing voters with the information necessary to make informed decisions during judicial retention elections. Judicial Performance Evaluations are available online and published in voting guides.
Judges are also bound to follow the law – the U.S. and Colorado Constitutions, applicable federal and state statutory law, and binding precedents of higher courts. When judges fail to do so, there are remedies through the appellate process.
In cases where a judge acts unethically, complaints can be made to the Judicial Discipline Commission. The Judicial Discipline Commission, made up of citizen, attorney, and judicial members, is charged with investigating allegations that a judge has not properly performed his or her official duties because of willful misconduct, ethical violations, or a permanent disabling health condition. The commission can recommend a wide variety of remedies including the removal of the judge from office.
CJI and many other organizations and individuals believe that a non-partisan judicial selection process, judicial performance reviews, and retention elections are the most effective ways to achieve the highest possible measure of judicial independence for Coloradans.
*U. S Constitution, Article III, Section 1. For the complete text of the U.S. Constitution, as well as other historical documents, you can visit http://www.house.gov/house/Educate.shtml
Below are some articles that address topics of judicial independence. These resourses are provided as a courtesy and appear with the permission of the publication/author. CJI does not necessarily endorse the viewpoint or contents of any of the articles.
