This article provides an in-depth analysis of the Judicial Retention Questions on Colorado's November 3rd, 2026 Ballot, along with additional information on how Colorado's judicial system works.
It does not suggest how Coloradans should vote; it provides information to help them cast informed votes.
Separate analysis of each one of Colorado's Amendments and Propositions is elsewhere on this website, starting with Amendment 81. The analysis of the rest of the judicial retainment questions will be published at a later date.
No Campaign Finance: Colorado judges in retention elections do not have campaigns and do not raise or spend money. They cannot campaign or fundraise.
Merit Selection System: Established in 1966, Colorado uses a merit-based system where judges are nominated by nonpartisan commissions and appointed by the Governor, then face retention elections.
What Happens If Voted Out: If a majority votes "No," the judge leaves office at the end of their current term, creating a vacancy. The Governor then appoints a new judge from a list of 2-3 nominees provided by the appropriate judicial nominating commission.
Terms of Office:
I included information and links to resources on key topics related to how our legal system works and description of the Colorado Legal Systems related to judgitial appointmetns.
I found it hard to find meaningful information about justices and judges, but I finally found it. I found reading through each judge’s rulings on notable cases is especially useful.
PERA stands for the Public Employees' Retirement Association of Colorado. It's the state's public pension system that provides retirement and other benefits to Colorado's public employees.
Established: 1931 by the Colorado state legislature (predating the federal Social Security Act of 1935 by four years)
Purpose: To provide pension benefits to state and local government employees. For most PERA members, PERA serves as a substitute for Social Security.
Legal Authority: Article 51 of Title 24 of the Colorado Revised Statutes
Size and Scope:
Mission: To provide retirement security for members while ensuring the long-term sustainability of the fund.
PERA is organized into five separate divisions:
1. State Division: Most state employees, including Judicial Department employees and independent judicial agencies (judges are in separate division)
2. School Division: Employees of all Colorado school districts (except Denver Public Schools, which has separate division)
3. Local Government Division: Employees of many municipalities and other local government entities
4. Judicial Division: Judges in Colorado's judicial system
5. Denver Public Schools (DPS) Division: Employees of Denver Public Schools (merged with PERA in 2010)
Each division's assets are held in separate trust funds.
Total Members: 16 Trustees (as of June 1, 2026, following Senate Bill 26-151)
The Board consists of:
Elected Trustees (13 voting members):
Appointed Trustees (3 voting members):
Ex Officio Member (1 voting member):
Recent Change: As of June 1, 2026, the DPS Division representative changed from a non-voting ex officio member to a full voting member under Senate Bill 26-151.
Term Length: Four (4) years
Compensation: Trustees serve without salary but are reimbursed for necessary expenses incurred in carrying out their duties
Elections: Elected trustees are chosen by members and retirees of their respective divisions
Officers: Trustees elect a Chairman and any other officers necessary for the Board to carry out its duties
Based on available information, current trustees include:
Chairman: Marcus A. Pennell (School Division)
Other Members (partial list from available sources):
Note: Complete current roster with all 16 members' details available at copera.org/board-members
The PERA Board serves as the administrators and fiduciaries of PERA. This is a legally binding role with significant responsibilities.
Legal Obligation: Under Colorado law, Board members are legally obligated to act solely in the interests of PERA beneficiaries to:
Fiduciary Duty: Trustees must carry out their functions solely in the interest of the members and benefit recipients and for the exclusive purpose of providing benefits and defraying reasonable expenses.
Three Basic Fiduciary Principles:
Key Point: As fiduciaries, Trustees must pursue policies and make investment decisions that exclusively benefit all participants in the fund. They cannot favor one group over another or consider political or personal interests.
The PERA Board has extensive governance and oversight responsibilities:
Required Duties:
Governance Structure:
Investment Responsibility: State law gives the Board responsibility for the investment of PERA's funds and to establish policy guidelines for operations.
Investment Program Structure:
The Board:
Asset Classes:
Internal Management: PERA manages approximately 61-75% of assets internally (particularly Global Equity and Fixed Income), saving approximately $65-70 million annually compared to external management costs.
Investment Income: Over the past 30 years, PERA's investments have generated more than $82-88 billion in investment income, making it the largest source of funding to the pension (larger than employee and employer contributions combined).
Recent Performance: 7.8% annualized 10-year net return (as of recent reports)
Board Responsibilities:
Important Limitation: The PERA Board does NOT set:
Why: PERA is established in state law, so only the Colorado Legislature with the Governor's approval can make changes to contribution rates, benefits, or other structural requirements for any PERA division.
The Legislature sets the benefit structure; the Board administers it and invests the assets.
The Board operates through several standing committees:
Standing Committees (as of January 2026):
Each trustee serves on multiple committees, ensuring comprehensive oversight.
Chief Executive Officer/Executive Director:
Chief Investment Officer:
Staff: PERA employs approximately 300 people total who invest money and deliver benefits
PERA is an instrumentality of the state of Colorado but operates with significant independence:
While PERA operates independently, it remains accountable to the Colorado Legislature:
Reporting Requirements:
Pension Review Commission:
Legislative Authority:
Internal Controls:
External Controls:
Major pension reform legislation that:
Signed into law May 28, 2026; most provisions effective July 1, 2026:
Under Board oversight, PERA provides:
Primary Benefit: Defined Benefit (DB) Plan - hybrid plan where benefits are based on a formula set by law
Additional Benefits:
Optional Plans:
Defined Contribution Option: Some newer members have access to a Defined Contribution plan option
PERA is a "qualified" retirement plan under Internal Revenue Code (IRC) Section 401(a), providing tax advantages to participants.
Colorado PERA
The PERA Board of Trustees is a 16-member governing body with fiduciary responsibility for managing Colorado's largest public pension system. The Board consists primarily of elected members representing different PERA divisions, plus gubernatorial appointees with investment expertise and the State Treasurer. While the Colorado Legislature sets contribution rates and benefit levels, the Board has full authority over investments (managing ~$67 billion), administration, and actuarial assumptions. Board members serve four-year terms without compensation and must act solely in the interest of PERA's 620,000+ members and retirees. The Board's investment program has generated over $88 billion in the past 30 years, making investment income the largest source of pension funding.
Sources Consulted:
Learn more:
Res gestae (Latin for "things done") was a common law evidentiary doctrine that allowed prosecutors to introduce evidence of a defendant's other acts, crimes, or misconduct that were not charged in the case, as long as those acts were considered "incidental to" or "part of the transaction" of the charged crime.
The doctrine was based on the idea that criminal events don't occur in a vacuum on a "sterile stage," and that jurors needed context to fully understand what happened. The theory was that certain uncharged acts were so closely connected in time and circumstances to the charged crime that they formed part of the same criminal episode and were necessary to tell the complete story.
The res gestae doctrine has deep roots in American and English common law:
In its more modern form in Colorado, res gestae had been part of Colorado jurisprudence for over 90 years:
By the late 20th and early 21st centuries, Colorado courts defined res gestae evidence as:
"Matter incidental to the main fact and explanatory of it, including acts and words which are so closely connected therewith as to constitute a part of the transaction, and without knowledge of which the main fact might not be properly understood." (Woertman v. People, 804 P.2d 188 (Colo. 1991))
More specifically, courts held that res gestae evidence:
(People v. Quintana, 882 P.2d 1366, 1373 (Colo. 1994))
Colorado adopted the Colorado Rules of Evidence (CRE) in the 1970s, including: