You’ve probably seen the gold dome of the state capitol in Denver, but the real power often sits just across the street at the Ralph L. Carr Colorado Judicial Center. That’s where the Colorado Supreme Court justices make the calls that actually change your life. We aren't just talking about high-profile election cases that make national headlines. It's the boring stuff too—water rights, property disputes, and how your boss has to pay you.
Right now, the court is in a weird spot of transition. As of January 2026, there’s literally an empty seat at the table. Justice Melissa Hart stepped down on January 5, leaving a gap in the seven-member roster. The remaining six are scrambling to keep up while Governor Jared Polis looks for a replacement. It’s a high-stakes game of musical chairs where the winner gets a 10-year term and a lot of influence over Colorado law.
Who is running the show right now?
People think supreme courts are these mysterious, untouchable panels of elders. Honestly? They’re just lawyers who worked their way up, and they have very different vibes.
Chief Justice Monica Márquez took the lead role in July 2024. She’s kind of a big deal—not just because she’s the first Latina and first openly gay person on the court, but because she’s been there since 2010. She was a Bill Ritter appointee, making her the longest-serving member currently on the bench. Márquez is known for being incredibly detail-oriented. If there’s a comma out of place in a brief, she’s probably the one who’s going to find it.
Then you have Brian Boatright. He’s the former Chief Justice and was a Hickenlooper pick back in 2011. He’s got that "trial judge" energy because he spent over a decade on the District Court bench in Jefferson County before moving up. He tends to look at how a ruling will actually work in a real-world courtroom, not just how it looks on paper.
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The rest of the current bench includes:
- William W. Hood III: Appointed in 2014. He’s got a background as a prosecutor and a civil litigator.
- Richard L. Gabriel: He joined in 2015. Gabriel is often the one writing the most dissents, which basically means he isn't afraid to tell his colleagues when he thinks they’re flat-out wrong.
- Carlos A. Samour Jr.: You might remember him as the judge who presided over the Aurora theater shooting trial before he was appointed to the Supreme Court in 2018. He’s lived a hell of a life—his family fled political upheaval in El Salvador when he was a kid.
- Maria E. Berkenkotter: The newest confirmed face, joining in 2021. She’s been doing a lot of work lately on how AI (yeah, the stuff you’re reading about everywhere) is going to mess with the legal system.
Why that empty seat actually matters
With Melissa Hart gone, the court is sitting at six justices. This is a problem. Why? Because a 3-3 tie means whatever the lower court decided stays in place. It’s like a "no-decision" decision. It creates zero statewide precedent, which leaves lawyers and regular people in a state of "I guess we’ll see?"
Governor Polis has a deadline. The Judicial Nominating Commission is meeting in early February 2026 to pick three finalists. Polis then has 15 days to pick one. This isn't like the U.S. Supreme Court where there's a giant, televised circus in the Senate. In Colorado, the Governor just picks, and that’s it. No confirmation hearings. The person just starts working.
It’s a powerful move for a governor. By the time this new person is sworn in, Polis will have appointed two of the seven justices.
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The "All Democrat" Misconception
You'll hear people complain that every single justice on the bench was appointed by a Democratic governor. That’s factually true. But it’s also a bit of a simplification. In Colorado, we use a "merit selection" system. A non-partisan commission (made up of lawyers and non-lawyers) vets everyone first. They give the Governor a list of three names. He has to pick from that list.
He can’t just pick his best friend or a political crony unless the commission puts them on the list first. It’s designed to keep the "co supreme court justices" from becoming political hacks. Does it work? Depends on who you ask, but it’s definitely less of a cage match than what you see in D.C.
What they’re actually doing all day
They aren't just sitting around in robes drinking tea. The Colorado Supreme Court gets thousands of "petitions" every year—people begging them to look at their cases. They only say "yes" to about 100 of them.
If they turn you down, you’re stuck with whatever the Court of Appeals said.
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In 2025 and heading into 2026, they’ve been buried in employment law. Colorado has been passing a ton of new rules about "wage theft" and "family leave" (FAMLI). The justices are the ones who have to decide what these laws actually mean when a business and an employee start fighting. For instance, they recently had to rule on how long you have to file a claim for unpaid wages. It sounds dry, but if you’re owed $5,000, that ruling is the difference between getting paid and getting nothing.
A few things most people get wrong:
- They don't have "life terms": They have 10-year terms. After that, they have to go on the ballot for a "retention election." Voters get to choose "Yes" or "No" on whether they stay. They almost always win, but they still have to ask.
- They must retire at 72: This is a hard rule in the Colorado Constitution. No matter how much you love the job, once you hit 72, you're out. That’s why we see fairly regular turnover compared to the federal system.
- They don't just do "law": The Supreme Court also runs the entire judicial branch. They oversee every lawyer in the state. If a lawyer steals money from a client, these seven people are the ones who eventually take away their license.
How to keep an eye on them
If you actually want to see what's happening, you don't have to wait for the news. The Colorado Judicial Branch website actually livestreams oral arguments. It’s... a lot of lawyers talking about statutes. But if you want to see Carlos Samour grill a lawyer or hear Chief Justice Márquez break down a complex constitutional issue, it's all right there.
The next few months are going to be huge. We’ll get a new justice by the spring of 2026, and that person will likely be on the bench for the next decade.
Actionable Next Steps:
- Check the "Blue Book" in November: If you're a Colorado voter, look for the judicial performance evaluations. Don't just skip that part of the ballot.
- Watch a livestream: Go to the Colorado Judicial Branch website during a scheduled oral argument day. It's the best way to see how the "merit system" actually looks in practice.
- Follow the vacancy: Keep an eye on the Governor’s press releases in February 2026. The person he chooses will be shaping Colorado law until at least 2036.
The court might feel far away, but their signatures are on the rules we all live by.