In 2025, Colorado Judicial District 18 (in yellow) will only include Arapahoe County. Colorado Amendment D sets a process to appoint judges for a new 23rd Judicial District, which will include the other 3 counties currently in District 18.
Before delving into Amendment D, let’s look at a tiny amount of history first. In 2020, the Colorado legislature created a new 23rd Judicial District out of the existing 18th Judicial District (through House Bill 20-1026). This was primarily done because the current 18th is one of the largest judicial districts in the state, with a population of more than a million people, and it’s a district covering lots of territory in four Colorado counties. Beginning in 2025, the 18th Judicial District will consist of Arapahoe County, and the 23rd Judicial District will include Douglas, Elbert, and Lincoln Counties.
Amendment D directs the Governor to reassign judges from the 18th Judicial District to the newly created 23rd Judicial District no later than Nov. 30, 2024. The reassignment process is important to know about because there is an election for Governor in 2022, so it’s not yet certain which candidate would reassign the judges. Reassigned judges must live in the new 23rd Judicial District, or must establish residence in the 23rd by Jan. 7, 2025.
Each district judge in the new 23rd District would be eligible to seek retention after the completion of the term for which the judge was last appointed. Voters will see judge retention questions on their 2022 ballot, and the new judges from the 23rd District who are interested in continuing would run for retention in this same way when their terms are up. If a vacancy arises in the 23rd after it’s established, it will be filled as it would be in any other judicial district. The Governor would appoint any vacancy replacement from a list of candidates provided by the district’s judicial district nominating commission.
Amendment D would amend the Colorado Constitution, and will need 55% of votes to pass. The Colorado General Assembly put Amendment D on the ballot by passing House Concurrent Resolution 22-1005, which passed the House and Senate with only two “no” votes out of the 100 legislators in the General Assembly.
This next point is not germane to Amendment D, but the state House Bill 20-1026 calls for elections in both Judicial Districts 18 and 23 in the year 2024 for District Attorney, with the new DAs to take office in January of 2025.
For More Information: Read Blue Book analysis at this link:
https://leg.colorado.gov/ballots/new-23rd-judicial-district-judges
Richard’s Take
Vote “yes.” This amendment will help ensure a smooth transition into operations for the new 23rd Judicial District, and after it’s established the new district will function on a technical basis exactly the same as the other 22 judicial districts. There is an opposition argument listed in the state Blue Book that there are other ways to fill the judge positions, including through a vacancy process, but I think the arrangement in Amendment D makes more sense.
And remember voters, 55% is tougher to attain than 50% plus one, so don’t leave this race blank on your ballot!
