There are 108 judges up for retention on the November ballot, including five Colorado Court of Appeals judges.
The State Commission on Judicial Performance recommended that all Court of Appeals be retained. In four of the five cases, the vote was 10-0 for retention.
However, one of the Court of Appeals judges, Jose D. L. Marquez was retained by a vote of 6 to 4.
The commission said that among the weaknesses exhibited by Marquez, who has been on the court since 1988, was writing opinions that were clear and adequately explained the basis for the court’s decision. The commission also said he was rated slightly below average for being prepared for oral arguments.
Despite that, 95 percent of the attorneys surveyed and 99 percent of the judges surveyed said Marquez should be retained.
The other Court of Appeals judges up for retention are Russell E. Carparelli, Janice B. Davidson, Alan M. Loeb and Robert M. Russel.
Russel, who has been on the court since 2004, received exemplary ratings. Lawyers commented that Russel is conscientious, fair, prepared, and ask questions at oral argument in a neutral, courteous manner.
Carparelli, appointed to the bench in 2002, was rated above average for being fair and impartial to both sides of a case, writing clear opinions and adequately explaining the basis of the court’s decision. He was also praised for making reasoned decisions based upon the law and facts.
His one weakness, the commission said, was “occasional abruptness” during oral argument.
Loeb, who was appointed to the court in 2003, was rated above average for making decisions without regard to possible criticism and not engaging in talking to one party in the case with notice to the other. However, the commission found several weaknesses, including the fact that some believe he doesn’t allow parties to present their arguments and answer questions and being courteous to attorneys.
Davidson, the Court of Appeals’ chief judge, as being “average” in most areas and noted she must devote much of her time to administrative duties that include court policies, budget issues, judge workloads and staff supervision.
Staff writer Howard Pankratz can be reached at 303-954-1939 or hpankratz@denverpost.com.
