The Colorado Court of Appeals (Colo. App.) is the intermediate-level appellate court for the state of Colorado. It was initially established by statute in 1891 and was reestablished in its current form in 1970 [1] by the Colorado General Assembly under Article VI, Section 1 of the Constitution of Colorado. [2]
The Colorado Court of Appeals was first abolished in 1905, then reinstated in 1913, and abolished again in 1917. It has held its modern jurisdiction since 1970.
The Court of Appeals has appellate jurisdiction primarily over final judgments of district courts acting as trial courts, and of approximately 33 kinds of administrative agency or board determinations. [3] It is bypassed in the case of death penalty appeals, cases in which a lower court has declared a law or ordinance to be unconstitutional, appeals from Public Utilities Commission decisions, certain appeals related to the initiative process, interlocutory relief, and the further appeal of cases already appealed from a county or municipal court to a district court judge, all of which are appealed directly to the Colorado Supreme Court. [4]
There is a single geographical division of the Colorado Court of Appeals. The court sits in three-member divisions to decide cases. The chief judge, appointed by the Chief Justice of the Supreme Court, assigns judges to the divisions and rotates their assignments. The Colorado Court of Appeals does not have any internal subject-matter divisions, and it does not have "en banc" review of panel decisions as the federal United States courts of appeals do.
The court is based in Denver, but is authorized to sit in any county seat to hear cases. The court sends panels once a year to decide cases at the University of Colorado School of Law and the Sturm College of Law at the University of Denver to allow law students to observe the appellate process.
The court has two courtrooms in the Ralph L. Carr Colorado Judicial Center, located at 2 East 14th Avenue in Denver, Colorado.
This court also has many others employees including support staff, secretaries, law clerks, reporters, and attorneys. There are 105 court employees, including the judges.
The Colorado Court of Appeals has heard more than 100 appellate cases each year since 2012. In the past two decades the state's Court of Appeals has experienced a dramatic increase in both caseload volume and delay. Because of this, case time is measured in terms of months and years.[ citation needed ]
The Colorado Court of Appeals, located in Denver, has 22 judges. [5] The judges serve eight-year terms and are subject to retention elections. Each judge has a separate chambers located in the Ralph L. Carr Judicial Center.
| Judicial District [lower-alpha 1] | Judge [6] | Born | Joined | Term ends | Mandatory retirement | Appointed by | Law school |
|---|---|---|---|---|---|---|---|
| 9th | Gilbert M. Román , Chief Judge | September 15, 1962 | August 1, 2005 | 2024 | 2034 | Bill Owens (R) | Michigan |
| 7th | Jerry N. Jones | 1961 (age 62–63) | July 5, 2006 | 2024 | 2033 | Bill Owens (R) | Denver |
| 5th | Maria Teresa Fox | 1966 (age 57–58) | January 11, 2011 | 2030 | 2038 | Bill Ritter (D) | South Texas |
| 8th | Stephanie Dunn | – | November 23, 2012 | 2024 | – | John Hickenlooper (D) | Denver |
| 10th | Anthony J. Navarro | 1971 (age 52–53) [7] | January 18, 2013 | 2024 | 2043 | John Hickenlooper (D) | Yale |
| 2nd | Elizabeth L. Harris | 1966 (age 57–58) | July 23, 2015 | 2026 | 2038 | John Hickenlooper (D) | NYU |
| 4th | Rebecca R. Freyre | December 9, 1959 | November 16, 2015 | 2026 | 2031 | John Hickenlooper (D) | Denver |
| 20th | Craig R. Welling | 1970 (age 53–54) | January 16, 2017 | 2028 | 2042 | John Hickenlooper (D) | Colorado |
| 17th | Ted C. Tow III | 1967 (age 56–57) | February 13, 2018 | 2028 | 2039 | John Hickenlooper (D) | Wayne |
| 14th | Lino S. Lipinsky de Orlov | 1958 (age 65–66) | January 9, 2019 | 2030 | 2030 | John Hickenlooper (D) | NYU |
| 3rd | Matthew D. Grove | 1976 (age 47–48) | January 9, 2019 | 2030 | 2048 | John Hickenlooper (D) | Colorado |
| 19th | Neeti V. Pawar | 1969 (age 54–55) [8] | March 8, 2019 | 2030 | 2041 | Jared Polis (D) | Southern Illinois |
| 11th | Jaclyn Casey Brown | 1981 (age 42–43) | May 31, 2019 | 2030 | 2053 | Jared Polis (D) | St. Louis |
| 1st | Sueanna P. Johnson | 1975 (age 48–49) | February 13, 2020 | 2030 | 2047 | Jared Polis (D) | Colorado |
| 12th | Christina F. Gomez | 1974 (age 49–50) | February 27, 2020 | 2030 | 2046 | Jared Polis (D) | Harvard |
| 18th | David H. Yun | 1967 (age 56–57) | March 2, 2020 | 2030 | 2039 | Jared Polis (D) | Colorado |
| 6th | W. Eric Kuhn | 1973 (age 50–51) | August 16, 2021 | 2024 | 2045 | Jared Polis (D) | Denver |
| 22nd | Timothy J. Schutz | 1962 (age 61–62) | January 1, 2022 | 2024 | 2034 | Jared Polis (D) | North Dakota |
| 16th | Karl L. Schock | 1981 (age 42–43) [9] | November 7, 2022 | 2026 | 2053 | Jared Polis (D) | Colorado |
| 15th | Katharine E. Lum | November 30, 1983 | November 16, 2022 | 2026 | 2055 | Jared Polis (D) | Berkeley |
| 13th | Pax L. Moultrie | 1979 (age 44–45) | January 1, 2024 | 2026 | 2051 | Jared Polis (D) | Denver |
| 21st | Grant T. Sullivan | 1984 (age 39–40) | January 1, 2024 | 2026 | 2056 | Jared Polis (D) | Colorado |
In the United States, a state supreme court is the highest court in the state judiciary of a U.S. state. On matters of state law, the judgment of a state supreme court is considered final and binding in both state and federal courts.
Article Three of the United States Constitution establishes the judicial branch of the U.S. federal government. Under Article Three, the judicial branch consists of the Supreme Court of the United States, as well as lower courts created by Congress. Article Three empowers the courts to handle cases or controversies arising under federal law, as well as other enumerated areas. Article Three also defines treason.
In the United States, a state court has jurisdiction over disputes with some connection to a U.S. state. State courts handle the vast majority of civil and criminal cases in the United States; the United States federal courts are far smaller in terms of both personnel and caseload, and handle different types of cases. States often provide their trial courts with general jurisdiction and state trial courts regularly have concurrent jurisdiction with federal courts. Federal courts are courts of limited jurisdiction and their subject-matter jurisdiction arises only under federal law.
The Courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.
A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually made by higher courts with the power of appellate review. Most appellate courts do not have the authority to hear testimony or take evidence, but instead rule solely on matters of law.
The court system of Canada is made up of many courts differing in levels of legal superiority and separated by jurisdiction. In the courts, the judiciary interpret and apply the law of Canada. Some of the courts are federal in nature, while others are provincial or territorial.
The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. The U.S. federal judiciary consists primarily of the U.S. Supreme Court, the U.S. Courts of Appeals, and the U.S. District Courts. It also includes a variety of other lesser federal tribunals.
The High Court of Ireland is a court which deals at first instance with the most serious and important civil and criminal cases. When sitting as a criminal court it is called the Central Criminal Court and sits with judge and jury. It also acts as a court of appeal for civil cases in the Circuit Court. It also has the power to determine whether or not a law is constitutional, and of judicial review over acts of the government and other public bodies.
The judiciary of Australia comprises judges who sit in federal courts and courts of the States and Territories of Australia. The High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on matters of both federal and State law.
The Judiciary Act of 1891, also known as the Circuit Court of Appeals Act of 1891, or the Evarts Act after its primary sponsor, Senator William M. Evarts, created the United States courts of appeals and reassigned the jurisdiction of most routine appeals from the district and circuit courts to these appellate courts. Therefore, it is also called the Circuit Courts of Appeals Act.
The Colorado Supreme Court is the highest court in the U.S. state of Colorado. Located in Denver, the court was established in 1876. It consists of a Chief Justice and six Associate Justices who are appointed by the Governor of Colorado from a list of candidates approved by a state judicial commission. Each justice faces a retention election two years after his or her appointment and every ten years thereafter, with mandatory retirement at age 72.
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, and highcourt of appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are binding on all other courts in a nation and are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. A Supreme Court can also, in certain circumstances, act as a court of original jurisdiction, however, this is typically limited to constitutional law.
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The Judiciary of Vermont is the state court system of Vermont, charged with Vermont law.
The South Carolina Court of Appeals is the intermediate-level appellate court for the state of South Carolina.
Colorado district courts are the state trial courts of general jurisdiction in the U.S. state of Colorado.
The Judiciary of California or the Judicial Branch of California is defined under the California Constitution as holding the judicial power of the state of California which is vested in the Supreme Court, the Courts of Appeal and the Superior Courts. The judiciary has a hierarchical structure with the California Supreme Court at the top, California Courts of Appeal as the primary appellate courts, and the California Superior Courts as the primary trial courts.
Section 101 of the Constitution Act, 1867 is a provision of the Constitution of Canada giving the federal Parliament the power to create the Supreme Court of Canada and the federal courts. Although Parliament created the Supreme Court by an ordinary federal statute in 1875, the Court is partially entrenched by the amending formula set out in the Constitution Act, 1982. The composition of the Court can only be changed by a unanimous constitutional amendment, passed by the two houses of Parliament, and all of the provincial legislative assemblies.
1. "Columbia Law Review Association, Inc." JSTOR. Columbia Law Review, n.d. Web. 8 Dec. 2014. 2. Smith, Eduard. "Court of Appeals." Duke Law Review, n.d. Web. 5 July 2013. 3. Bryson, Elizabeth. "Colorado Judicial Branch - Court of Appeals - Homepage." Colorado Judicial Branch - Court of Appeals - Homepage. Colorado Judicial Branch, n.d. Web. 1 Aug. 2015.
State intermediate appellate courts in the United States | ||
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Delaware, the District of Columbia, Maine, Montana, New Hampshire, North Dakota, Rhode Island, South Dakota, Vermont, and Wyoming do not have intermediate appellate courts. | ||