EJF Newsletter — 2020 Review of Colorado Judges
Additional copies of this report in printable PDF format (9 pages) are available
on the web.
Basic to the rule of law is the selection of competent, well-educated, and wise judges. Conversely, there must be an effective and easy to understand way of removing those who don't make the cut. Our review of Colorado judges standing for retention in 2020 is attached.
To help weed out bad judges all Colorado state judges must stand for retention by the voters at fixed intervals in even years. Reports on each judge are prepared by
judicial performance commissions
in each of the 22 judicial districts. But, being political, these commissions usually whitewash the judges.
In 2020 there are 101 judges standing for retention in Colorado but only two were determined to not meet performance standards by the commissions and; thus, should be voted out.
The Equal Justice Foundation has long been independently tracking judicial performance and postulates that the number of bad judges is considerably more than two. Inasmuch as the judicial performance commissions seek input from the attorneys who know the judges, in 2012 we began compiling our own tabulation of good and bad judges based solely on the attorney votes reported to the separate commissions; in essence a jury of the judge's peers. That provides a simple to understand and brief statement of the judge's performance, and what the attorneys who know the judge best think of them.
As in the past, the EJF 2020 judicial performance review based on attorney votes is attached. By this measure 17 of the 101 judges standing for retention this year should not be retained and voted off the bench. The performance of 27 more is found to be marginal at best.
Conversely, attorneys rated 22 of these judges as outstanding.
If you live in another state perhaps our method may be of some use in establishing a similar method of evaluating judges. Additional copies of our 2020 report
can be found online
and reviews and much of the history of all Colorado judges
can be found here.
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2020 Colorado Judicial Performance Evaluations
October 11, 2020
Top
EJF Evaluations Based On Attorney Judgments
Criteria
•
Retain
>85% of attorneys voted to retain;
•
Marginal
71-85% of attorneys voted to retain;
•
Do Not Retain
<=70% of attorneys voted to retain. Note that this level was lowered from 75% to 70% in 2018 suggesting judicial standards are not improving.
Retention intervals
Top
All state judges first stand for retention in even years two years after their appointment or a promotion to a higher bench. After that they stand for retention based on the court they sit in at the following intervals so long as they remain on that bench:
•
Supreme Court justices
— every 10 years;
•
Court of Appeals judges
— every 8 years;
•
District court judges
— every 6 years;
•
County court judges
— every 4 years.
Magistrates are not state judges and serve at the pleasure of the chief judge of the respective judicial district, not the citizens. Municipal judges are in a similar category in their local municipalities.
|
2020 Judicial Performance Commission Evaluation
|
2020 EJF Evaluation
Based on
Attorney
Votes
|
|
Judge
|
Finding
|
Attorney Votes
|
Prior Rating
|
|
Retain
|
Do Not
Retain
|
Attorney
% Retain
|
Colorado Supreme Court
|
|
|
Prior 2010
|
2020
|
|
Melissa Hart
|
Meets Standards
|
90%
|
5%
|
Not on bench
|
Retain
|
|
Carlos A Samour,. Jr.
|
Meets Standards
|
69%
|
13%
|
67%
|
Do Not Retain
|
Do Not Retain
|
Colorado Court of Appeals
|
|
Prior 2012
|
2020
|
|
Ted C. Tow III
|
Meets Standards
|
66%
|
31%
|
90%
|
Retain
|
Do Not Retain
|
|
Craig R. Welling
|
Meets Standards
|
84%
|
16%
|
93%
|
Retain
|
Marginal
|
First Judicial District Judges (Gilpin, Jefferson)
|
District Judges
|
Prior 2014
|
2020
|
|
Randall C. Arp
|
Meets Standards
|
88%
|
9%
|
79%
|
Marginal
|
Retain
|
|
Ann Gail Meinster
|
Meets Standards
|
88%
|
8%
|
80%
|
Marginal
|
Retain
|
|
Lily Oeffler
|
Meets Standards
|
85%
|
11%
|
88%
|
Retain
|
Marginal
|
|
Tamara Russell
|
Meets Standards
|
66%
|
24%
|
87%
|
Retain
|
Do Not Retain
|
|
Christopher Zenisek
|
Meets Standards
|
74%
|
17%
|
84%
|
Marginal
|
Marginal
|
|
No Gilpin County judge stood for retention in 2020.
|
Jefferson County
|
Prior 2016
|
2020
|
|
Bradley Allen Burback
|
Meets Standards
|
88%
|
6%
|
80%
|
Marginal
|
Retain
|
|
Verna Lee Carpenter
|
Meets Standards
|
64%
|
24%
|
70%
|
Do Not Retain
|
Do Not Retain
|
|
K. J. Moore
|
Meets Standards
|
80%
|
10%
|
68%
|
Do Not Retain
|
Marginal
|
|
Harold Sargent
|
Meets Standards
|
78%
|
11%
|
Not on bench
|
Marginal
|
Second Judicial District Judges (Denver County)
|
District Judges
|
Prior 2014
|
2020
|
|
Christopher J. Baumann
|
Meets Standards
|
87%
|
4%
|
Not on bench
|
Retain
|
|
Martin Foster Egelhoff
|
Meets Standards
|
87%
|
9%
|
70%
|
Do Not Retain
|
Retain
|
|
John Eric Eliff
|
Meets Standards
|
83%
|
17%
|
93%
|
Retain
|
Marginal
|
|
A. Bruce Jones
|
Meets Standards
|
77%
|
23%
|
90%
|
Retain
|
Marginal
|
|
Michael J. Vallejos
|
Meets Standards
|
84%
|
10%
|
81%
|
Marginal
|
Marginal
|
Probate Court
|
|
Elizabeth D. Leith
|
Meets Standards
|
91%
|
2%
|
75%
|
Marginal
|
Retain
|
Denver County Judges
|
Prior 2016
|
2020
|
|
Beth Ann Faragher
|
Meets Standards
|
88%
|
13%
|
84%
|
Marginal
|
Retain
|
|
Isabel Pallares
|
Meets Standards
|
30%
|
50%
|
Not on bench
|
Do Not Retain
|
|
Nicole M. Rodarte
|
Meets Standards
|
74%
|
22%
|
90%
|
Retain
|
Marginal
|
|
Andre L. Rudolph
|
Meets Standards
|
63%
|
13%
|
Undetermined
|
Do Not Retain
|
|
Barry A Schwarz
|
Meets Standards
|
68%
|
23%
|
Not on bench
|
Do Not Retain
|
|
Frances E. Simonet
|
Meets Standards
|
92%
|
8%
|
Not on bench
|
Retain
|
|
Theresa Spahn
|
Meets Standards
|
67%
|
33%
|
100%
|
Retain
|
Do Not Retain
|
Third Judicial District Judges (Huerfano, Las Animas)
|
|
No District or County Court Judges standing for retention in 2020.
|
Fourth Judicial District Judges (El Paso, Teller)
|
District Judges
|
Prior 2014
|
2020
|
|
William Bain
|
Meets Standards
|
100%
|
0%
|
89%
|
Retain
|
Retain
|
|
Jann Dubois
|
Meets Standards
|
91%
|
3%
|
90%
|
Retain
|
Retain
|
|
Thomas Kelly Kane
|
Meets Standards
|
89%
|
11%
|
90%
|
Retain
|
Retain
|
|
Michael Paul McHenry
|
Meets Standards
|
97%
|
3%
|
85%
|
Marginal
|
Retain
|
|
David Prince
|
Meets Standards
|
90%
|
7%
|
81%
|
Marginal
|
Retain
|
|
Erin L. Sokol
|
Meets Standards
|
95%
|
5%
|
Not on bench
|
Retain
|
|
Gregory R. Werner
|
Meets Standards
|
57%
|
38%
|
76%
|
Marginal
|
Do Not Retain
|
El Paso County Judges
|
Prior 2016
|
2020
|
|
Laura Norris Findorff
|
Meets Standards
|
86%
|
14%
|
96%
|
Retain
|
Rain
|
|
Shannon Gerhart
|
Meets Standards
|
95%
|
5%
|
Not on bench
|
Retain
|
|
No Teller County judge standing for retention in 2020
|
Fifth Judicial District Judges (Clear Creek, Eagle, Lake, Summit)
|
District Judges
|
Prior 2014
|
2020
|
|
Russell Holton Granger
|
Meets Standards
|
86%
|
11%
|
80%
|
Marginal
|
Retain
|
|
Mark Duncan Thompson
|
Meets Standards
|
100%
|
0%
|
96%
|
Retain
|
Retain
|
Clear Creek County Judge
|
Prior 2016
|
2020
|
|
Cynthia J. Jones
|
Meets Standards
|
100%
|
0%
|
Not on bench
|
Retain
|
Eagle County Judge
|
Prior 2016
|
2020
|
|
Rachel Olgun-Fresquez
|
Meets Standards
|
85%
|
12%
|
94%
|
Retain
|
Marginal
|
Lake County Judge
|
Prior 2016
|
2020
|
|
Jonathan Shams
|
Meets Standards
|
100%
|
0%
|
85%
|
Marginal
|
Retain
|
Summit County Judge
|
Prior 2016
|
2020
|
|
Edward Jude Casias
|
Meets Standards
|
96%
|
4%
|
94%
|
Retain
|
Retain
|
Sixth Judicial District Judges (Archuleta, La Plata, San Juan)
|
District Judges
|
Prior 2014
|
2020
|
|
Suzanne F. Carlson
|
Meets Standards
|
71%
|
21%
|
79%
|
Marginal
|
Low Marginal
|
|
Todd Parker Norvell
|
Meets Standards
|
87%
|
9%
|
Not on bench
|
Retain
|
Archuleta County Judge
|
|
No Archuleta County Judge stood for retention in 2020.
|
La Plata County
|
|
No La Plata County Judge stood for retention in 2020.
|
San Juan County
|
Prior 2016
|
2020
|
|
Anthony D. Edwards
|
Meets Standards
|
100%
|
0%
|
Undetermined
|
Retain
|
Seventh Judicial District Judges (Delta, Gunnison, Hinsdale, Montrose, Ouray, San Miguel)
|
District Judges
|
Prior 2014
|
2020
|
|
Mary E. Deganhart
|
Meets standards
|
93%
|
7%
|
86%
|
Retain
|
Retain
|
|
D. Cory Jackson
|
Meets standards
|
87%
|
0%
|
Not on bench
|
Retain
|
|
J. Steven Patrick
|
Meets standards
|
97%
|
0%
|
88%
|
Retain
|
Retain
|
Gunnison County Judge
|
Prior 2016
|
2020
|
|
Ashley M. Burgemeister
|
Meets standards
|
82%
|
18%
|
Not on bench
|
Marginal
|
Montrose County Judge
|
Prior 2016
|
2020
|
|
Kurt M. Beckenhauer
|
Meets standards
|
100%
|
0%
|
|
Retain
|
Ouray County Judge
|
Prior 2016
|
2020
|
|
Zachary D. Martin
|
Meets standards
|
100%
|
0%
|
Not on bench
|
Retain
|
|
No county court judges standing for retention in Delta, Hinsdale, or San Miguel counties
|
Eighth Judicial District Judges (Jackson, Larimer)
|
District Court Judges
|
Prior 2014
|
2020
|
|
Susan Blanco
|
Meets standards
|
88%
|
4%
|
Not on bench
|
Retain
|
|
Julie Kunce Field
|
Meets standards
|
94%
|
4%
|
79%
|
Marginal
|
Retain
|
|
Stephen John Jouard
|
Meets standards
|
98%
|
0%
|
Not on bench
|
Retain
|
|
Juan G. Villaseñor
|
Meets standards
|
68%
|
29%
|
Not on bench
|
Do Not Retain
|
Larimer County Judges
|
Prior 2016
|
2020
|
|
Mary Joan Berenatio
|
Meets standards
|
75%
|
9%
|
70%
|
Do Not Retain
|
Very Marginal
|
|
Kraig Ecton
|
Meets standards
|
86%
|
14%
|
62%
|
Do Not Retain
|
Retain
|
|
Joshua B. Lehman
|
Meets standards
|
94%
|
3%
|
96%
|
Retain
|
Retain
|
|
No Jackson County Judges standing for retention in 2020.
|
Ninth Judicial District Judges (Garfield, Pitkin, Rio Blanco)
|
District Judges
|
Prior 2014
|
2020
|
|
Denise K. Lynch
|
Meets standards
|
86%
|
8%
|
79%
|
Marginal
|
Retain
|
|
No county judges in the 9th Judicial District standing for retention in 2020.
|
Tenth Judicial District Judges (Pueblo)
|
District Judges
|
Prior 2014
|
2020
|
|
William D. Alexander
|
Meets Standards
|
81%
|
14%
|
84%
|
Marginal
|
Marginal
|
|
Allison P. Ernst
|
Meets Standards
|
80%
|
10%
|
Not on bench
|
Marginal
|
Pueblo County Judges
|
Prior 2016
|
2020
|
|
Roberto A. Silva
|
Meets Standards
|
100%
|
0%
|
Not on bench
|
Retain
|
Eleventh Judicial District Judges (Chaffee, Custer, Fremont, Park)
|
|
No district judges standing for retention in the Eleventh Judicial District
|
|
No county court judges standing for retention in Chaffee, Fremont, or Park counties
|
Twelfth Judicial District Judges (Alamosa, Conejos, Costilla, Mineral, Rio Grande, Saguache)
|
District Judges
|
Prior 2014
|
2020
|
|
Michael A. Gonzales
|
Meets Standards
|
100%
|
0%
|
81%
|
Marginal
|
Retain
|
|
Amanda C. Hopkins
|
Meets Standards
|
89%
|
11%
|
Not on bench
|
Retain
|
Conejos County Judge
|
Prior 2016
|
2020
|
|
Kimberly D. Cortez
|
Meets Standards
|
100%
|
0%
|
|
|
Retain
|
Mineral County Judge
|
Prior 2016
|
2020
|
|
Ruth Acheson
|
Meets Standards
|
100%
|
0%
|
80%
|
Marginal
|
Retain
|
|
No Alamosa, Costilla, Rio Grande, or Saguache County Judges stood for retention in 2020.
|
|
Thirteenth Judicial District Judges (Kit Carson, Logan, Morgan, Phillips, Sedgwick, Washington, Yuma)
|
District Judges
|
Prior 2014
|
2020
|
|
Kevin Lee Hoyer
|
Meets Standards
|
88%
|
6%
|
77%
|
Marginal
|
Retain
|
Logan County Judge
|
Prior 2016
|
2020
|
|
Ray Ann Brammer
|
Meets Standards
|
88%
|
12%
|
|
|
Retain
|
Phillips County Judge
|
Prior 2016
|
2020
|
|
KImbra L. Killin
|
Meets Standards
|
75%
|
25%
|
Undetermined
|
Marginal
|
Sedgwick County Judge (Thirteenth Judicial District cont.)
|
Prior 2016
|
2020
|
|
James Craig Dolezal
|
Does Not Meet Standards
|
67%
|
33%
|
Not on bench
|
Do Not Retain
|
Yuma County
|
Prior 2016
|
2020
|
|
Kristei Ray Jones
|
Meets Standards
|
67%
|
33%
|
Not on bench
|
Do Not Retain
|
|
No county court judges standing for retention in Kit Carson, Morgan, or Washington counties
|
Fourteenth Judicial District Judges (Grand, Moffat, Routt)
|
|
No District Court judges standing for retention
|
|
No Grand, Moffat, or Routt county judges standing for retention
|
Fifteenth Judicial District Judges (Baca, Cheyenne, Kiowa, Prowers)
|
|
No District Court judges standing for retention
|
|
No County Court judges standing for retention in Baca, Cheyenne, Kiowa, or Prowers counties
|
Sixteenth Judicial District Judges (Bent, Crowley, Otero)
|
|
No District Court Judges standing for retention in 2020.
|
Bent County Judge
|
Prior 2016
|
2020
|
|
Samuel Scott Vigil
|
Meets Standards
|
100%
|
0%
|
71%
|
Do Not Retain
|
Retain
|
Crowley County Judge
|
Prior 2016
|
2020
|
|
Richard Medina
|
Meets Standards
|
No data
|
Not on bench
|
Undetermined
|
|
No county judges seeking retention in Otero County
|
Seventeenth Judicial District Judges (Adams, Broomfield)
|
District Judges
|
Prior 2014
|
2020
|
|
Tomee Crespin
|
Does Not Meet Standards
|
49%
|
33%
|
Not on bench
|
Do Not Retain
|
|
Caryn A. Datz
|
Meets Standards
|
85%
|
8%
|
Not on bench
|
High-end marginal
|
|
Sean Patrick Finn
|
Meets Standards
|
88%
|
8%
|
Not on bench
|
Retain
|
|
Robert W. Kiesnowski, Jr.
|
Meets Standards
|
83%
|
13%
|
84%
|
Marginal
|
Marginal
|
|
Priscilla Loew
|
Meets Standards
|
77%
|
14%
|
Not on bench
|
Marginal
|
|
Roberto Ramirez
|
Meets Standards
|
63%
|
19%
|
Not on bench
|
Do Not Retain
|
|
Mark Douglas Warner
|
Meets Standards
|
75%
|
19%
|
87%
|
Retain
|
Marginal
|
Adams County Judges (Seventeenth Judicial District cont.)
|
Prior 2016
|
2020
|
|
Martin J. Flaum
|
Meets Standards
|
92%
|
4%
|
Not on bench
|
Retain
|
|
Leroy. D. Kirby
|
Meets Standards
|
89%
|
11%
|
86%
|
Retain
|
Retain
|
|
No Broomfield County judges standing for retention in 2020.
|
Eighteenth Judicial District Judges (Arapahoe, Douglas, Elbert, Lincoln)
|
District Court Judges
|
Prior 2014
|
2020
|
|
Michelle Ann Amico
|
Meets Standards
|
95%
|
0%
|
88%
|
Retain
|
Retain
|
|
Andrew Baum
|
Meets Standards
|
62%
|
38%
|
Not on bench
|
Do Not Retain
|
|
Cynthia Dianne Mares
|
Meets Standards
|
56%
|
35%
|
Not on bench
|
Do Not Retain
|
|
John E. Scipione
|
Meets Standards
|
88%
|
13%
|
Not evaluated
|
Retain
|
|
Theresa Michelle Slade
|
Meets Standards
|
89%
|
6%
|
70%
|
Do Not Retain
|
Retain
|
|
Darren L. Vahle
|
Meets Standards
|
86%
|
10%
|
75%
|
Marginal
|
Retain
|
|
Elizabeth Beebe Volz
|
Meets Standards
|
86%
|
10%
|
57%
|
Do Not Retain
|
Retain
|
Arapahoe County Judges
|
Prior 2016
|
2020
|
|
Chantel E. Contiguglia
|
Meets Standards
|
86%
|
11%
|
Not on bench
|
Retain
|
|
Anne M. Ollada
|
Meets Standards
|
77%
|
16%
|
56%
|
Do Not Retain
|
Marginal
|
|
Joshua Jay Williford
|
Meets Standards
|
90%
|
10%
|
Not on bench
|
Retain
|
|
No Douglas, Elbert, or Lincoln county judges standing for retention in 2020.
|
Nineteenth Judicial District Judges (Weld)
|
District Judges
|
Prior 2014
|
2020
|
|
Timothy G. Kerns
|
Meets Standards
|
95%
|
5%
|
78%
|
Marginal
|
Retain
|
|
Marcelo Adrian Kopcow
|
Meets Standards
|
82%
|
13%
|
75%
|
Marginal
|
Marginal
|
|
No Weld County Judges standing for retention in 2020.
|
Twentieth Judicial District Judges (Boulder)
|
District Judges
|
Prior 2014
|
2020
|
|
Ingrid Seftar Bakke
|
Meets Standards
|
97%
|
3%
|
89%
|
Retain
|
Retain
|
|
Patrick D. Butler
|
Meets Standards
|
78%
|
11%
|
79%
|
Marginal
|
Marginal
|
|
Judith L. LaBuda
|
Meets Standards
|
72%
|
25%
|
68%
|
Do Not Retain
|
Marginal
|
|
Nancy W. Salomone
|
Meets Standards
|
88%
|
6%
|
Not on bench
|
Retain
|
Boulder County Judge (Twentieth Judicial District cont.)
|
Prior 2016
|
2020
|
|
Jonathon P. Martin
|
Meets Standards
|
81%
|
16%
|
Not on bench
|
Marginal
|
Twenty-First Judicial District Judges (Mesa)
|
District Court Judge
|
Prior 2014
|
2020
|
|
Brian J. Flynn
|
Meets Standards
|
67%
|
21%
|
73%
|
Do Not Retain
|
Do Not Retain
|
|
Gretchen B. Larson
|
Meets Standards
|
91%
|
6%
|
84%
|
Marginal
|
Retain
|
Mesa County Judge
|
Prior 2016
|
2020
|
|
Michael J. Grattan III
|
Meets Standards
|
82%
|
4%
|
Not on bench
|
Marginal
|
|
Craig Peter Henderson
|
Meets Standards
|
81%
|
4%
|
72%
|
Do Not Retain
|
Marginal
|
Twenty-Second Judicial District Judges (Dolores, Montezuma)
|
|
No district court judges standing for retention in 2020
|
|
No county court judges standing for retention in Dolores or Montezuma counties in 2020.
|
Notes
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The table above is intended as brief reference to help voters decide how to vote on state judges in their judicial district who are standing for retention in November 2020.
The official
judicial performance commission evaluations
for state judges dates back to 1990. They have been posting percentages of attorney votes for and against a judge since 2000, and the EJF has been producing a biennial review based on the state evaluations since 2012 using the attorney votes.
Note that magistrates serve at the pleasure of the chief judge of the judicial district and are not considered state judges and; thus, are not evaluated here.
Our objective with these reports is to support the many outstanding judges who serve Colorado citizens while helping voters decide to eliminate those who are unfit for the position they hold. The basic assumption we've made is that the prosecutors, defense, and civil litigation attorneys know the judges in their judicial district best. They are the ones who deal with the judges on a daily basis and have the education and experience to judge the judges. As a result, the
Equal Justice Foundation
evaluation is based entirely on how these attorneys voted on a particular judge; a simple and easily understood metric that is reasonably consistent across the state. In essence, attorneys are a jury of the judge's peers.
The commissions collect more data than just attorney votes but seldom rule against judges. In 2020, of 102 judges standing for retention, the political appointees of the various commissions only ruled that two of the state's judges did not meet acceptable performance standards.
However, as a general rule, in any large organization it is reasonable to expect that roughly 10% of the individuals in the organization will be incompetent, drunkards, mentally or physically unfit, crooks, or otherwise unsuitable. Using attorney ratings we suggest their are a total of 15 judges who should not be retained. But, by the same metrics, attorneys rank 15 judges as outstanding.
Of course, sex always rears its lovely head, but copulating with the prosecutor in the judge's chambers, or trying to make a date from the bench with the cutie standing before the bar does exceed the limits of propriety. On the EJF web site in the
Colorado Judges — Citizen's Review
chapter we have documented all of those behaviors, and more, by one or more judges. Further, politics, religion, and ideology have no place in a fair and impartial courtroom and a judge's ruling must not be based on emotions and feelings.
If you would like to go sit in a judge's courtroom and form your own opinion we have
courtwatcher forms
available that should be of some assistance to you in that endeavor. We link appropriately completed courtwatcher forms to the judge's name on our
web site.
However, the final decision is in the hands of the voters and we hope this document is a useful tool for helping them decide which jurists they want to keep on the bench and, more particularly, helping to remove those who have not met the high standards so essential for justice.
Support for the Equal Justice Foundation
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We would be amiss if we did not conclude with a plea for support for our work. The
Equal Justice Foundation
is a non-profit 501(c)(3) public charity and contributions are tax deductible. It should be obvious that there are many costs to doing research like this on a continuing basis. However,
the Foundation has no paid employees
so all of your support goes into helping with the research and dissemination of same. We note with pride that during 2019 the research and stories on our web sites was accessed by an average 2,000 unique visitors a day by people in every state and at least 180 other countries. Our work is also commonly reposted on other sites all around the world as well.
It would be greatly appreciated if you would donate whatever you can
online
or by sending a check to the address below. If interested in helping with our work, or joining the Foundation, that can be done
online
as well, or by printing and filling out the form linked there and mailing it to the address on the form together with a check or money order for your dues. Dues are just $25/year, which are not onerous, and there is strength in numbers.
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