A governor who appoints the nominating commission also selects the judge. Justice Melissa Hart resigned January 5 after two concussions, creating the first Colorado Supreme Court vacancy in five years. Governor Jared Polis will choose her replacement from three candidates selected by a commission he controls.
Hart stepped down at age 56. According to her December 19 letter to Chief Justice Monica Márquez, she cited “continuing health concerns” from concussions suffered in spring 2025 and family health challenges. She had been on unexplained leave since October 28.
The Colorado Constitution requires a 17-member commission to review applications and forward three finalists to the governor within 30 days. The commission includes one lawyer and one non-lawyer from each of seven congressional districts, plus one additional non-lawyer. The constitution mandates “no more than one-half of the commission members plus one” belong to the same political party.
Polis appoints all nine non-lawyer members alone. He shares appointment authority with the Attorney General and Chief Justice for eight lawyer positions. The political balance requirement permits a nine-member majority from one party.
This marks Polis’s second appointment in seven years. His first came in 2020 when he selected Maria Berkenkotter to replace Nathan Coats, the last Republican-appointed justice on the court. All seven current justices were appointed by Democratic governors.
Former Governor John Hickenlooper appointed five current justices between 2011 and 2018. He selected Brian Boatright in 2011, William Hood in 2013, Richard Gabriel in 2015, Hart in 2017, and Carlos Samour in 2018. Governor Bill Ritter appointed Chief Justice Monica Márquez in 2010.
No sitting justice faces mandatory retirement before 2034. Justice Brian Boatright turns 72 in June 2034. Justice Richard Gabriel reaches that age in March 2034.
Justice Maria Berkenkotter retires in 2034 or 2035. Justice William Hood retires in 2035. Justice Carlos Samour retires between 2038 and 2039.
Chief Justice Márquez is 56. She won’t face mandatory retirement until 2041. The court’s composition guarantees Hickenlooper’s judicial philosophy dominates through at least 2034.
The pattern extends beyond the Supreme Court. In June 2025, Polis appointed Nicole Rosmarino as State Land Board Director, moving her directly from her position as his Senior Policy Advisor for Wildlife, Agriculture, and Rural Economic Development. That same month, he appointed Jim Pribyl to the State Land Board as Citizen-at-Large representative; Pribyl had previously served on the Colorado Parks and Wildlife Commission under Polis.
Governor Bill Owens appointed Nathan Coats to the Supreme Court in 2000; Coats retired in 2021 as the last Republican appointee. Hickenlooper concentrated five appointments during his final term. Colorado replaced partisan judicial elections with merit selection in 1966.
The nominating commission must submit three finalists by early February. Polis has 15 days to select one candidate. The appointee serves a provisional two-year term before facing retention in 2028.
Candidates must be under 72, licensed to practice law in Colorado for five years minimum, and Colorado residents. The commission evaluates legal qualifications, experience, integrity, impartiality, temperament, and public service. No Colorado Supreme Court justice has failed retention in modern history.
Retention elections rarely threaten incumbents. All three justices on the November 2024 ballot won with between 62 and 67 percent support, despite a national campaign targeting Chief Justice Márquez over the court’s decision to remove Donald Trump from Colorado’s primary ballot. The U.S. Supreme Court later reversed that decision unanimously.
The governor appoints the majority of the commission that gives him three choices.
Sources: Colorado Judicial Branch official announcements; Colorado Constitution Article VI; Colorado Supreme Court Nominating Commission procedures; Ballotpedia Colorado Supreme Court records; Colorado Politics.
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