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Judge Brian Boatright has my vote in favor of retention | George Brauchler (copy) | Opinion
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Judge Brian Boatright has my vote in favor of retention | George Brauchler (copy) | Opinion

I have seen many opinions on social networks and on these pages that give their opinion about the retention of judges on this year’s electoral ballot. Those who have recommended voting in one direction for all judges, or for all magistrates, are equally wrong. They have called and texted me many, many times asking my opinion on voting for judges. For those who have not yet voted, I offer this analysis.

When I don’t know who the judge or magistrate involved is, online research doesn’t help. Despite the best intentions and efforts of the Judicial Performance Review Commission, they are not empowered to provide meaningful analysis of judges. They are not allowed to ask, investigate or reveal who the most recalled judges are in a jurisdiction.

If you make more errors in your legal judgments than your peers, voters should know about it. But we don’t. So, ask a trusted lawyer to appear 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. Voting “no” blindly is just as ignorant as voting “yes” blindly, and even more risky for Colorado. This is how.

Because Democrats control every lever of state government, a judge who fails to achieve retention under our anemic majority vote standard will be replaced by a judge chosen by Governor Jared Polis from a list provided to him by a nominating commission that is likely does not contain republicans. . In our sorry state (pun intended), the conservative analysis of judges’ voting is not “can we do better?” It’s “will we make it worse?” And more often than not, the disturbing answer is yes.

We can agree that our system of selection, evaluation, retention and judicial discipline can be greatly improved. But we must recognize the reality that an uninformed “no” vote does not serve us or our justice system, and that includes our Supreme Court.

I have a strong recommendation for retention on the Supreme Court: Justice Brian Boatright.

Vote to retain Judge 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 engaged with my daughter), I don’t know her the same way I know the Judge Boatright: Brian.

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As a new prosecutor in the First Judicial District District Attorney’s Office (Jefferson and Gilpin counties) back in the ’90s (I was about 10 or 11), Brian was a mentor to me and others in the county courthouse. (minor crimes). Without reservation, Brian was the most ethical, decent and principled prosecutor I have ever worked with. He was passionate, not about convictions, but about justice. I stole something he told the new prosecutors. Brian wanted to be the kind of prosecutor that defense attorneys who showed up in court with guilty clients hoping to beat the system would say, “Oh, no, we have Boatright. “He will know the case, be prepared for trial, and do an excellent job with the jury and the court.”

But I also wanted to be the kind of prosecutor that a lawyer with a defendant with extenuating circumstances, or a legitimate defense, or an explanation of the charges would say, “Oh, well, we’ve got Boatright. He will listen to us and treat us with dignity and respect. “It will be fair.” That stuck with me all these years and cases later.

I’ve gone to trial with Brian as a partner. He knew how to present evidence in a compelling, narrative manner that I have tried to emulate throughout my career. Unlike me, Brian seems to be able to keep his ego in check, even after a win (and yes, we won, great case, I’ll tell you about it sometime). If I could assemble a team of Avengers-type prosecutors from anywhere to help me try a complicated and demanding case, Brian would be on a short list of attorneys I would consider and hope to convince to join me.

Later, I appeared before then-Judge Boatright as a prosecutor handling difficult cases. Judge Boatright was always prepared and patient. He treated everyone with equal respect and compassion, even when I wanted him to treat me better and respect me because we had worked together. He never did. His rulings were always what the law was, and never what he wanted the result to be. I watched him during the sentences. He felt them, whether he gave him probation or prison or something in between. Brian’s empathy extended to the victims, the community, and even the accused and their families. He showed a wisdom that I have only seen in a handful of other judges. As a prosecutor, I would like to appear before Judge Boatright. As a defendant, as a defendant, I would like to appear before Judge Boatright.

I don’t know what or why 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 I have no doubt about is that Judge Boatright is an intelligent, principled, law-abiding, empathetic jurist and a good man. Colorado would do a lot worse if they didn’t retain him. I don’t think we can do better.

George Brauchler is the former district attorney of the 18th Judicial District and is running 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

George Brauchler is the former district attorney of the 18th Judicial District and is running 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