10/07/2026
On Friday, October 2nd the EJF posted its 2026 review of Colorado judges and it is available athttp://ejfi.org/News/Courts-October_2_2026.pdf
Since then we have received the following comments from an anonymous member of the 20th Judicial Review Commission:
"EJF does not really detail how they evaluate judges, but they do seem to use attorney surveys. They do not mention the sample size or how they chose the attorneys. The Office of Judicial Performance Evaluation sends out surveys to all bar members in the district, but only a small sampling return them. Most of them are afraid of being recognized by the judge which may lead to a bias in the courtroom. Some of the attorneys that respond will do so because they had an issue with the judge so their impartiality is suspect. We take these evaluations with a grain of salt, but they are only one component we use for our evaluations. We interview the Chief Justice, District Attorney, head of the court appointed attorneys, and the head of the Boulder Bar Association along with holding a public hearing where anyone can come to discuss their feelings. Finally we interview the judge themselves for 30 minutes and write up a report for them afterwards for response. We have a thoughtful process behind the one or two paragraphs people read.
In the ELF's table, we don't know how many attorneys responded or what type of attorney they are so their results are suspect from a pure statistical point-of-view. Kotlarczyk and Larson are good, fair, middle-of-the-road judges that should be retained. Salomone is now the Chief Justice of this district. She is pretty new to the bench, but she is a very hard worker and has plugged some of the holes that existed in the system for defendants having mental health and substance abuse issues that are repeat offenders which occupy most of the docket. Nancy does lean more liberal but she is a fair and practical judge. Nancy is a definite retain. I will disclose that I have used Nancy as an attorney in the past, and found her to be a very competent attorney. Malkinson is getting better each time we meet with him. I have spent hours in his courtroom and found him to be a competent jurist worth retaining. Haenselman is pretty new to the bench and has some growing and learning to do. She is open to criticism and improving her skills on the bench. She is definitely putting in the effort to be a good judge.
The ones that I personally would like to see replaced are not up for retention this time.
A word of caution. If you vote these judges out, they will be most likely replaced with an even more lenient and liberal judge. We are in Boulder after all. I know the people that sit on the judge selection committee and they lean heavily towards the defendant. They want liberal judges. Be careful for what you ask for because you just may get it."
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To which Dr. Corry replied for the EJF:
There is no perfect way to evaluate judges and the biases and probable errors you note have validity. But no voter is going to be able to evaluate a judge unless they have had to appear before them. And then their evaluation is going to be strongly biased by whether they win or lose. Conversely, an attorney often appears multiple times before a judge, particularly if they are prosecutors or public defenders, and thus likely to have more experience with a judge.
The individual judicial commissions usually tabulate how many attorneys responded but, in the interest of simplicity, that information has not been included in our compilation. You may be familiar with the KISS principle?
Note that our evaluation includes the judicial commission recommendations as well. However, they are clearly biased and seldom recommend a judge not be retained. I would note that in any professional group it is probable that roughly 10% of the individuals in that group are incompetent, corrupt, disabled, biased, or otherwise unfit for the position they hold. Unfortunately, the judicial review commissions only find roughly 1% of the state judges being reviewed as unfit for the office. One doesn’t spend much time around the Colorado courts before realizing that is a gross underestimate of judicial incompetence. Being a good judge is a tough job and only a select few can do it; and becoming a judge is too often based on political favoritism rather than technical ability and education.
Note that in our evaluation we have rated 33 judges as outstanding while our simplistic method found 27 should not be retained on the bench. Granted some of the latter just need more experience and education, but society pays a very high price for their mistakes and ignorance.
Thus, the EJF evaluation, for all its faults and shortcomings, is the simplest and easiest to understand presentation of judicial performance that we have been able to devise. Our hope is that it helps lead to a better judiciary!
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