What Does it Mean When a Judge Fails to File His Oath?

Posted on: April 22, 2010 by: admin

Image by Aaron Landry via Flickr

Defendant nevertheless argues that the trial court lacked jurisdiction and his convictions are void because, even if Judge Quinn presided under a current and valid oath of office, he failed to file his oath of office with the secretary of state. We disagree.

[115] District court judges are required by art. XII, ยง 9 of the Colorado Constitution to “file their oaths of office with the secretary of state.” See also Chief Justice Directive 85-25. Though the People argue that this requirement did not apply to Judge Quinn because he was a “senior” judge rather than a “district court” judge, we will assume that the requirement was applicable to Judge Quinn.

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