When certiorari is denied, but a Justice indicates they would have granted one or more issues, I will list, by Justice, the issues that Justice would have granted. If you have filed or opposed a petition for certiorari review, please tell me and I will include the issues and eventual outcome in the blog. To see the issues for which each Justice would have granted review, click HERE.
For more information about Petitions for Certiorari, please see my article published in the June 2007 issues of The Colorado Lawyer. Jason Astle, Tips for Effective Petitions for Certiorari, 36 Colo. Law. 6, 63 (2007).
Click HERE for a link the Orders to Show Cause issued by the Colorado Supreme Court pursuant to CAR 21.
The following explains the Court’s internal process for determining the cases for which certiorari review will be granted. This has been copied from the Colorado Supreme Court Protocols Page:
Based on the briefs and issues raised and the guidelines set forth in C.A.R. 49, the staff attorney to the Chief Justice separates out approximately half of the certiorari petitions for circulation and decision without preparation of a certiorari memorandum. Each Justice reviews the Court of Appeals decision (whether published or not published), together with the certiorari petition and any response thereto, and may request preparation of a certiorari memorandum before a vote is taken. The Justices vote on “non-memo cert.” petitions by means of vote sheets maintained in the Clerk’s Office.
The other certiorari petitions and those extracted from non-memo consideration by any Justice are delivered in random rotation by the Clerk to the seven chambers. The assigned Justice in turn assigns a law clerk to prepare a certiorari memorandum on the case. The assigned Justice reviews the certiorari petition, any response thereto, and the memorandum, makes any desired change to the memorandum, and circulates the memorandum and the Court of Appeals opinion to the other six Justices, noting on the face of the memorandum the recommendation of the assigned Justice regarding which issues, if any, should be taken on certiorari.
Votes of three Justices are required to grant any issue by way of certiorari. When certiorari is granted on one or more issues in a case, the certiorari memorandum usually serves as the bench memorandum for oral argument. Pending certiorari petitions are decided at the weekly Thursday decisional conference, except during July and August when each Justice’s vote is entered on a written vote sheet kept in the Clerk’s Office.
Ad Hoc Conferences on Original Petitions
Original petitions under C.A.R. 21 are assigned to each of the seven chambers in rotation by the Clerk of the Court, Christopher Ryan. The assigned Justice reports on the matter, with his or her recommendation, at the regular Thursday decisional conference, by internal e-mail communication to all of the other justices, or a Justice may call an in person ad hoc conference of the Court if the petition merits immediate action. At least four Justices must agree in order to [issue] a rule to show cause in an original proceeding under C.A.R. 21. An individual Justice may issue a short-term stay or other temporary order pending the Court’s decision on the petition.