§ 13-5.5-107. Judicial Performance Evaluation Criteria

1. The state commission and each district commission shall evaluate each justice and judge in Colorado utilizing the powers and duties conferred upon each commission in section 13-5.5-105. The evaluations must only include the following performance evaluation criteria:
   1. Integrity, including but not limited to whether the justice or judge:
      1. Avoids impropriety or the appearance of impropriety;
      2. Displays fairness and impartiality toward all participants; and
      3. Avoids ex parte communications;
   2. Legal knowledge, including but not limited to whether the justice or judge:
      1. Demonstrates, through well-reasoned opinions and courtroom conduct, an understanding of substantive law and relevant rules of procedure and evidence;
      2. Demonstrates, through well-reasoned opinions and courtroom conduct, attentiveness to factual and legal issues before the court; and
      3. Adheres to precedent or clearly explains the legal basis for departure from precedent and appropriately applies statutes or other sources of legal authority;
   3. Communication skills, including but not limited to whether the justice or judge:
      1. Presents clearly written and understandable opinions, findings of fact, conclusions of law, and orders;
      2. Presents clearly stated and understandable questions or statements during oral arguments or presentations, and, for trial judges, clearly explains all oral decisions; and
      3. Clearly presents information to the jury, as necessary;
   4. Judicial temperament, including but not limited to whether the justice or judge:
      1. Demonstrates courtesy toward attorneys, litigants, court staff, and others in the courtroom; and
      2. Maintains and requires order, punctuality, and appropriate decorum in the courtroom;
   5. Administrative performance, including but not limited to whether the justice or judge:
      1. Demonstrates preparation for oral arguments, trials, and hearings, as well as attentiveness to and appropriate control over judicial proceedings;
      2. Manages workload and court time effectively and efficiently;
      3. Issues opinions, findings of fact, conclusions of law, and orders in a timely manner and without unnecessary delay;
      4. Participates in a proportionate share of the court’s workload, takes responsibility for more than his or her own caseload, and is willing to assist other justices or judges; and
      5. Understands and complies, as necessary, with directives of the Colorado supreme court; and
   6. Service to the legal profession and the public by participating in service-oriented efforts designed to educate the public about the legal system and improve the legal system.

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1773, § 1, effective August 9.

Editor’s note: This section is similar to former § 13-5.5-105.5 as it existed prior to 2017.