Of the 116 judges and justices who are standing for retention this year, citizen-led performance commissions found the vast majority meets performance standards, with only one county court judge failing to get her commission’s approval.

Each of Colorado’s 22 judicial districts has a commission of attorneys and non-attorneys who review survey responses from those who appear before the judges, conduct their own observations and hold interviews. Judges receive numerical marks on factors that include demeanor, case management and application of the law. A separate commission reviews appellate judges and justices, and Denver County Court has its own performance panel.

Judges’ terms vary by the nature of their positions, with Supreme Court justices receiving 10-year terms upon retention and county court judges receiving only four years. Although judges may opt to retire rather than face an anticipated negative evaluation, there is no public record of those decisions.

Garfield County Court Judge Angela M. Roff was the sole judge to receive a recommendation of “does not meet performance standards.” Her 10-person performance commission voted against her by 4-3, with three members not voting.

“Judge Roff exhibits some strengths as a judge, particularly with regards to her integrity,” the commission wrote. “However, the majority of the commission found her legal knowledge and administrative performance in need of further development. Her interpretation and application of the law at times is inconsistent. Her demonstrated discomfort from the bench with certain defendant situations has called into question her judicial temperament.” 

The commission elaborated that Roff, who took the bench in October 2022, had attempted to improve her performance. Ultimately, a majority of those voting “believe that her need for improvement remains.”

“This job is a privilege to hold, and I acknowledge the Commission’s comments, favorable and unfavorable,” Roff wrote in response, reciting her relatively high closure rate for cases and zero reversals on appeal due to misapplication of the law. “I have supportive judicial mentors who assist with the steep learning curve of the job. I encourage everyone to observe my courtroom and see for themselves. I am dedicated to serving my community of 17 years with integrity, humility, and compassion.”

In addition, Baca County Court Judge Milla Lishchuk received a 3-3 vote from her performance commission, with two absences and two vacancies. By default, a tie results in a recommendation of “meets performance standards.” Although Lishchuk’s commission praised several aspects of her performance, it faulted her for running a slow docket and suggested she needed to “curb inappropriate behavior that occurs in her courtroom.”

Although the remaining judges and justices generally received unanimously favorable recommendations, the evaluations differed in subtle ways by jurisdiction and contained noteworthy details about some judges.

Statewide officers

All voters will have a say in the retention of three Colorado Supreme Court justices and five Court of Appeals judges.

The two most senior members of the Supreme Court, Chief Justice Monica M. Márquez and Justice Brian D. Boatright, plus junior Justice Maria E. Berkenkotter, will be on the ballot. The performance commission gave glowing reviews to all three, and was “especially impressed with Justice Berkenkotter’s leadership in addressing the issues raised by the lawyers’ and judges’ use of artificial intelligence.”

Similarly, three of the most senior Court of Appeals judges are standing for retention, as are two relatively new appointees. Judge Timothy J. Schutz, who has been on the court for two years, received praise for his “courteous and empathetic demeanor during oral arguments” and his “efforts on issues surrounding race and the justice system.”

At the same time, the commission was concerned that Judge Jerry N. Jones, a 2006 appointee, “can appear adversarial and discourteous. We understand and share these concerns.” The evaluation noted he was open to suggestion about his demeanor, and the commission recommended that Jones, during oral arguments, “briefly explain to counsel how a particular line of questioning will help inform his approach to the case.”

Jones’ 2008 and 2016 evaluations contained similar critiques.

Divided votes

Two trial judges received favorable recommendations from a majority of their performance commissioners, but with multiple members voting in the minority. Joseph R. Whitfield Jr., a district judge in the 18th Judicial District of Arapahoe, Douglas, Elbert and Lincoln counties, experienced a 5-2 vote. Commissioners noted their concerns about “timeliness, case management, and a bias in favor of prosecutors when making decisions” among Whitfield’s otherwise positive evaluation.

The commission in the 12th Judicial District issued an unusual recommendation for Rio Grande County Court Judge John W. Stenger. In addition to voting 5-3 that he meets performance standards, the commission took a second vote, 6-2, recommending that voters retain him. 

The evaluation did not explain why members took a separate retention vote, which is not what current law requires. The commission noted it had “concerns about Judge Stenger’s understanding of the law and how his decision may impact the greater community.” Stenger graduated from law school in 2019 and was appointed in 2022.

Financial disclosures, discipline

The commission for the Fourth Judicial District, which encompasses El Paso and Teller counties, chose to provide voters two pieces of information in its evaluations that other commissions did not: whether judges were current on their financial disclosures and whether they have a disciplinary history. The commission also described some judges’ records of being reversed on appeal.

Previously, The Gazette reported that performance commissions generally do not take account of a judge’s full appellate record or prior discipline. Reporting from last year also revealed dozens of judges failed to properly file financial disclosures with the state.

“She has no disciplinary history. She filed her financial disclosures on time,” the commission wrote of District Court Judge Diana K. May, giving similar descriptions for the other judges in the district.

The good, the bad, the quirky

Several interesting details emerged about various judges across the state.

• Adams County Court Judge Joshua T. Nowak “volunteers his time to the Tribal Wills Project, which entails students traveling to remote areas on reservation land to draft estate planning documents for those without access to legal services.”

• Gunnison County Court Judge Ashley M. Burgemeister “has maintained an appropriate demeanor and temperament, even when she was subjected to harassment and threats from an individual who was recently sent to prison in connection with that harassment.”

• Denver County Court Judge David Blackett “worked with other Denver County Court judges to create a standard statement to be read at the beginning of each session to explain how each case will be handled and to assure everyone that they will have an opportunity to be heard.”

• Denver County Court Judge Kelly C. Cherry “revamped the traffic court to allow for virtual appearances, which improved both efficiency and access.”

• Seventh Judicial District Court Judge Steven L. Schultz “should learn to control his body language and facial expressions in the courtroom, as such often mirror his feelings concerning witness testimony and lawyer argument.”

• Fourth Judicial District Court Judge Laura N. Findorff may be “too casual in court and allows lawyers to behave in an unprofessional manner.”

• Delta County Court Judge Bo A. Zeerip, on multiple occasions, “appeared to editorialize or voice his opinion from the bench, more than what was perceived to be necessary.”

• Cheyenne County Court Judge Deni Eiring “volunteers with the local Boy Scout troop, and The Match bone marrow and blood registry. She wants to set an example for the people who do community service as part of their sentencing to see her serving the community too.”

• Weld County District Court Judge Todd L. Taylor “volunteers his services as a DJ to various organizations, including a local radio station, and has recently begun volunteering to assist with the annual Greeley Blues Jam event.”