2 weeks Ago
I have seen many opinions on social media and in these pages weighing in on the retention of judges and justices on this year’s ballot. Those who have recommended voting lockstep one way on all judges, or on all justices are equally misguided. I have been called and texted many, many times asking for my opinion on how to vote on judges.
For those who have yet to vote, I offer this analysis. When I do not know about the judge or justice involved, online research does not help. Despite the best intentions and efforts of the Judicial Performance Review Commission, they are not empowered to provide a meaningful analysis of judges.
They are not allowed to ask, research or reveal who the most overturned judges in a jurisdiction are. If you make more mistakes in legal judgment than your peers, voters ought to know that. But we don’t.
So, ask a trusted attorney who appears in front of them. If you don’t know anyone like that, flip a coin. I’m kidding.
I just don’t vote. I refuse to affirm the retention of someone I know nothing about. Blindly voting “no” is as ignorant as blindly voting “yes,” and yet more risky for Colorado.
Here is how. Because Democrats control every lever of state government, a judge who fails to achieve retention at our anemic majority-vote standard will be replaced by a judge picked by Gov. Jared Polis from a list provided to him by a nominating commission that likely contains no Republicans.
In our sorry state (pun intended), the conservative analysis to voting for judges is not “can we do better?” It is “will we do worse?” And far more often than not, the unsettling answer is yes. We can agree that our judicial selection, evaluation, retention and discipline system can be much improved. But we must acknowledge the reality that an uninformed “no” vote does not serve us or our justice system — and that includes our Supreme Court.
I have one strong recommendation for retention on the Supreme Court: Justice Brian Boatright. Vote to retain Justice Brian Boatright. There are three justices on the ballot, and while my limited interactions with Chief Justice Marquez have always been pleasant and professional (and she was particularly welcoming and engaging with my daughter), I do not know her the way I know Justice Boatright — Brian.
As a new prosecutor in the First Judicial District (Jefferson and Gilpin counties) DA’s Office back in the 90s (I was like 10 or 11), Brian was a mentor to me and others in county court (misdemeanors). Without reservation, Brian was the most ethical, decent, and principled prosecutor with whom I have ever worked. He was passionate—not about convictions—but about justice.
I have stolen from him something he said to the new prosecutors. Brian wanted to be the kind of prosecutor that defense attorneys showing up to court with guilty clients hoping to beat the system would say, “Oh no, we’ve got Boatright. He’ll know the case, be prepared for trial, and do an excellent job with the jury and court.
” But he also wanted to be the kind of prosecutor that an attorney with a defendant with mitigating circumstances, or a legitimate defense or explanation to the charges would say, “Oh good, we’ve got Boatright. He’ll listen and he will treat us with dignity and respect. He will be fair.
” That stuck with me all these many years and cases later. I have gone to trial with Brian as my partner. He understood how to present evidence in a compelling, story-telling way that I have sought to emulate throughout my career.
Unlike me, Brian appears to be able to keep his ego in check, even after a victory (and yes, we won — great case — I’ll tell you about it sometime). If I could assemble an Avengers-like team of prosecutors from anywhere to help me try a complicated, demanding case, Brian would be on a short list of attorneys I would consider and hope to convince to join me. Later, I appeared in front of then-Judge Boatright as a prosecutor handling challenging cases.
Judge Boatright was always prepared and patient. He treated everyone with equal amounts of respect and compassion — even when I wanted him to treat me better and defer to me because we had worked together. He never did.
His rulings were always what the law was — and never what he wanted to outcome to be. I watched him during sentencings. He felt them — whether he gave probation or prison or something in between.
Brian’s empathy extended to the victims, the community, and even to the defendants and their families. He exhibited a wisdom that I have seen in only a handful of other judges. As a prosecutor, I would want to appear in front of Judge Boatright.
As a defendant — the accused — I would want to appear in front of Judge Boatright. I do not know the what or why of the controversy he inherited when he became Chief Justice or how it should have been — could have been — handled by him. I have questions.
But one thing about which I have no doubts is that Justice Boatright is a smart, principled, law-following, empathetic jurist and a good man. Colorado would do far worse not to retain him. I believe we cannot do better.
George Brauchler is the former district attorney for the 18th Judicial District and is a candidate for district attorney in the newly created 23rd Judicial District. He has served as an Owens Early Criminal Justice Fellow at the Common Sense Institute. Follow him on Twitter(X): @GeorgeBrauchler.
