If you follow Colorado politics, you've probably heard the name Justice Maria E. Berkenkotter. But most people just see the title and the black robe. They don't see the woman who grew up in what she calls an "eccentric" household—complete with two pet raccoons—and somehow climbed her way to the highest court in the state.
She wasn't born into a legal dynasty. Honestly, she didn't even know any lawyers or judges when she was a kid. Her family didn't have many resources, and they moved around a lot. Yet, since 2021, she’s been a cornerstone of the Colorado Supreme Court.
The Nontraditional Path of Justice Maria E. Berkenkotter
Most people assume Supreme Court justices spend their whole lives in ivory towers. For Berkenkotter, the reality was a lot grittier. She fell in love with Colorado during childhood camping trips and eventually made it her permanent home, graduating from the University of Denver Sturm College of Law in 1987.
She started where many greats do: clerking. Specifically, for Justice Howard M. Kirshbaum. But she didn't stay in the appellate world for long. She spent 16 years in the trenches of the Colorado Attorney General’s Office.
She wasn't just doing paperwork. She was running the Antitrust, Consumer Protection, and Tobacco Litigation Units. Think about that. She was the one taking on big corporations to protect regular people before most of us even knew how to spell "antitrust."
From Boulder Chief to State Supreme Court
In 2006, Governor Bill Owens—a Republican, notably—appointed her to the District Court in Boulder. She spent 11 years there. For the last four of those years, she was the Chief Judge of the 20th Judicial District.
Being a Chief Judge isn't just about making rulings. It’s basically like being a CEO and a referee at the same time. She was managing nearly 200 employees and a $14 million budget while still handling a full caseload.
One case from this era still haunts the public memory: the Dynel Lane trial in 2016. Berkenkotter was the judge who sentenced Lane to 100 years for the horrific fetal abduction case in Longmont. It was a high-pressure, emotional, and legally complex trial. She handled it with the kind of steady hand that makes people notice you for higher office.
Why Governor Polis Chose Her
Governor Jared Polis made history when he appointed Justice Maria E. Berkenkotter in November 2020. She was his very first appointee to the Supreme Court.
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It’s interesting because she had been a finalist before. In 2018, Governor Hickenlooper passed her over for Carlos Samour. Most people would have just stayed in private practice at that point—she was working as a mediator at the Judicial Arbiter Group (JAG) by then, making good money and handling complex arbitrations.
But when the seat opened up again after Nathan B. Coats retired, she stepped back into the ring. Polis cited her "keen ability to render sound and wise decisions" and her reputation for being "universally respected" across the bar.
The AI Question and Modern Ethics
Here is something most people don't talk about: Berkenkotter is obsessed with the future of law. Specifically, Generative AI.
While other judges are trying to figure out how to open a PDF, she’s co-authoring articles like Artificial Intelligence and Professional Conduct. She’s leading the charge on how the court system should handle electronic legal assistants and the "unauthorized practice of law" by AI.
She realizes that self-represented litigants are going to use ChatGPT to write their motions. Instead of just banning it, she’s looking at the ethical implications and how to maintain the integrity of the court. It's a very practical, forward-thinking approach that you don't always see in "the establishment."
Notable Rulings and Judicial Philosophy
Since joining the bench, Justice Maria E. Berkenkotter hasn't just been a rubber stamp. She’s written opinions on everything from juvenile mental health evaluations to child welfare visitation rights.
She’s also not afraid to be the lone voice. In a few notable dissents, she argued for the constitutional rights of defendants who she believed had clearly asked for a lawyer during interrogations, even when the majority of the court disagreed.
She’s often described as:
- Fair and impartial (she got a 10-0 "Meets Performance Standards" vote in 2024).
- Hard-working (she used to attend 150+ administrative meetings a year as Chief Judge).
- Compassionate but firm on the law.
In the high-profile Anderson v. Griswold case (the one about whether Donald Trump could be on the Colorado ballot), the court was deeply divided. While the majority made the call to disqualify, the nuances of how individual justices like Berkenkotter weigh the "Election Code" versus "Constitutional self-execution" show just how complex her job is.
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The 2024 Retention and Beyond
In November 2024, she stood for a retention election. In Colorado, we don't pick judges like we pick mayors; we vote on whether to keep them.
The State Commission on Judicial Performance gave her glowing reviews. 91% of attorneys and 100% of judges surveyed said she should stay. That’s a rare level of consensus. People like her because she’s predictable—in a good way. You know she’s read the briefs, you know she understands the law, and you know she’s going to be respectful to everyone in the room.
Actionable Insights for the Legal Community
If you are a law student or an aspiring judge looking at Berkenkotter’s career, there are a few real-world takeaways you can actually use:
- Don't ignore the "boring" stuff. Her background in antitrust and regulatory law gave her a massive advantage in understanding complex corporate structures.
- Administrative skills matter. Being a "good judge" is 50% legal knowledge and 50% being able to manage people and processes.
- Lean into technology. Don't wait for the court to tell you how to use AI; be the one who explains it to the court.
- Resilience is key. Being passed over for a promotion (like her 2018 Supreme Court bid) isn't the end. It's just a delay.
Justice Maria E. Berkenkotter will be on the court until 2034, unless she hits the mandatory retirement age of 72 first. For now, she remains one of the most influential figures in Colorado law, balancing a "profoundly private" personality with a very public responsibility to keep the state's legal foundations steady.
If you're interested in how the court is evolving, keep an eye on her writings about AI. That's where the next decade of legal battles will be fought, and she's already leading the way.
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To stay updated on recent opinions from the court, you should check the Colorado Judicial Branch website monthly. They post the full text of every opinion, and reading the dissents is often where you find the real meat of the legal arguments. If you're a practicing attorney, consider participating in the judicial performance surveys—they actually carry weight in how our justices are evaluated.
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