Gov. Jared Polis appointed Brenton this summer, making him the 13th and likely final Court of Appeals judge Polis has named during his two terms. Senior Judge David M. Ebel of the U.S. Court of Appeals for the 10th Circuit administered the oath of office.

Before law school, Brenton served as resident dramaturg for the Pittsburgh Public Theater, a role Chief Judge Ted C. Tow III described at the investiture as "a kind of historical and literary advisor and consultant, helping authors and directors shape the vision of the stage production."

"Judge Brenton, I am thrilled that you have joined us, and not just because I plan to recruit you to participate in the skits that we traditionally put on at the court's holiday party — which I will," Tow said.

Brenton graduated from Vanderbilt University, earned a master's degree in dramaturgy, and later graduated from the University of Minnesota Law School. He clerked for Ebel before entering private practice, where he handled oil and gas disputes, corporate and financial cases, and natural resources litigation, and argued five cases before the Court of Appeals.

In 2018 he joined the U.S. Attorney's Office, defending the government against rights-violation claims brought by federal employees, federal prisoners, and people in immigration detention, and investigating potential fraud against the United States. Beginning in 2021, he worked as a federal appellate lawyer, spending about 70% of his time defending criminal convictions and sentences and 30% representing the United States against civil claims.

In his remarks, Brenton acknowledged the political moment with a light touch. "There's no getting around that we've been in a pretty scary time for our country and world recently. Maybe things are starting to turn around. I'm heartened by the results of the election this week — referring exclusively, of course, to my colleagues who were retained in office," he said. "I don't know what you thought I meant."

Andrea Wang, a deputy state solicitor general and former finalist for multiple state Supreme Court vacancies, recalled meeting Brenton outside an ink! Coffee shop on 18th and California for nearly two hours while he questioned her about the U.S. Attorney's Office's quality of work, work ethic, culture, and "most important to you, about the office's commitment to do justice in every case."

"He is polite and kind no matter the audience. And he is warm and accessible," Wang said. "It is as important now as it has ever been that the public have trust in our government and our judiciary. And I have no doubt that people who spend time with Kyle Brenton have a better opinion of lawyers, a better opinion of our government, and a better opinion of our legal system because of him."

Jenna Goldstein, Polis' chief legal counsel, said the governor's office heard repeatedly that Brenton is a "true appellate nerd." When asked in his interview how he would handle the court's relentless workload, Goldstein recalled, Brenton replied: "Don't threaten me with a good time."

Brenton has been deeply involved in Colorado's pro bono programming. He chaired a Colorado Bar Association screening committee that matches volunteer attorneys with self-represented litigants appealing in state courts; since he became chair, attorneys have been matched with litigants in more than 50 appeals, according to his application. He has also coordinated the U.S. Attorney's Office's pro bono work since 2022.

"I saw a lawyer dedicated to improving the practice of law and leading the charge on access to justice," Tow said. "And when I did get the opportunity to get to know him a little better during the application process for this position, I saw a person of profound integrity, intelligence, and public-mindedness."

Brenton said he was happy to be "coming home to this court," noting that one of his first oral arguments as a lawyer was before the Court of Appeals. He applied six times before being appointed.

"It was, frankly, emotionally exhausting. And doing all that work and not being a finalist was disheartening. More than once, when it didn't work out, I said, 'No, that's it. They've had their chance. You only get to say no to Kyle Brenton five times!'" he said.

He said he hoped his young children watched and learned that "it's worth putting aside your ego and putting yourself out there again and again."

Brenton closed by emphasizing the courts' obligation to treat everyone equally under the law. "It's my promise that I make to all of you that I will perform my judicial duties to the best of my abilities toward that goal," he said.