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Judicial branch previews life as rural county judge

BY MICHAEL KARLIK michael.karlik@coloradopolitics.com

Diligence, demeanor and integrity required. Law degree optional.

Those are the qualities the 9th Judicial District is eyeing for a pair of vacancies in Rio Blanco County as it looks to recruit one or two new judges to handle misdemeanor criminal cases, low-dollar civil disputes and evictions, among other matters.

“We wanna see someone who can have that empathy and understanding of the litigants before them and understand that often you’re seeing people on their worst day. How do you guide them through that?” said Angela Strode, an attorney and member of the judicial district’s nominating commission for judges. “Whether they win or lose is beside the point. But how do you manage that in a way that makes them feel heard and understood?”

The state’s Judicial Department held a webinar last week to explain the ins-and-outs of life as a part-time county court judge, and to pull back the curtain on the process for being selected to the bench. The vacancies in Rio Blanco County as a county court and associate county court judge arose last month with the death of Judge Joe Fennessy.

Fennessy, aged 71, held both positions part time. He died on Nov. 11, three days after voters retained him to a four-year term by a margin of 68%-32%.

“There are not a whole lot of lawyers who practice in Rio Blanco County who also live there, and he was one

of the few and was very committed,” said Chief Judge James Berkley Boyd.

The next county and associate county court judges from Rio Blanco County, population roughly 6,500, must be a resident and voter in the jurisdiction at the time they take office. As is the case in other rural counties, the minimum qualification for the job is a high school degree or equivalent.

Boyd said any new judge will be able to take advantage of checklists to guide their work and a collegial network of judges in the northwest Colorado district who are willing to offer advice.

However, he cautioned, “once the appointment becomes effective, you’ll be on the bench right at the beginning. There is an aspect of learn-as-you-go.”

Colorado’s access to justice commission has documented the difficulty in recruiting lawyers to practice in less-populated portions of the state. Likewise, Strode, the judicial nominating commission member, said it was “challenging” to find candidates to fill rural judgeships.

“It is important to educate yourself about what the day-to-day of the judgeship looks like and make sure it’s what you want to do,” she explained. “I think we’ve seen some applicants who may not fully understand what a judge does. It makes it really hard for us to want to put them on the bench.”

The foremost characteristics the citizen-led nominating commission looks for are diligence, demeanor and integrity, Strode said. At the outset, the commission wants applications to be completed by the deadline, with correct spelling and grammar, and for candidates to include references who the commission can reach.

During interviews, each candidate will receive the same number of questions from commissioners, asked in a similar order. Even if an applicant is not an attorney, Strode said, other experience in the justice system could still qualify a person for the county judgeship. Just last month, for example, Gov. Jared Polis appointed a sheriff’s employee to the Custer County Court.

“One thing we care a lot about is that you’re working with people of a lot of different backgrounds,” she said.

After the interviews, the 9th Judicial District’s commission acts quickly. Strode said the commissioners deliberate immediately and then contact the governor’s office with the two or three chosen finalists. From there, the governor’s staff speak with the finalists. The law permits the governor 15 days to appoint a judge, and Strode said that time is spent reviewing comments from the public about the shortlisted candidates.

Strode added it is important for judges to be able to use technology, and also to have an idea of the environment they want to create in their courtroom.

“As the judge, you really are the leader of the court,” she continued. “Some people are more authoritative. Some people are more warm. You might want to really think about what sort of demeanor you would try to harness on the bench.”

Garfield County Court Judge Jonathan B. Pototsky, who was appointed in 2010, also joined the webinar to urge candidates to apply even if they do not think they are ready. He spoke of his own experience applying to the bench, even though he had been in Colorado for just two years.

“I was a prosecutor here when I applied,” Pototsky recalled. “I had three defendants who, when they heard I was putting my name in, said, ‘You treated me fairly. Can I write you a letter of support?’”

He said the people making decisions on judicial appointments want to know a future judge will not go on a “power trip” in office, and testimonials from the people who know a candidate are an important illustration of what kind of judge they will be.

“Anybody can put on airs for 15 minutes, 20 minutes to put their best face forward,” Pototsky said. “But when you’re actually confronted with a stressful situation, a stressful environment, are you really going to follow through and be the guy or the girl we think you are?”

The deadline to apply was 4 p.m. Wednesday. Boyd, the chief judge, said the timing of the vacancy means the new county court judge or judges will not face a retention election until 2026. The docket at the county court features misdemeanor criminal cases, preliminary matters in other criminal proceedings, civil disputes up to $25,000, evictions and protection orders.

Because the positions are part-time, a lawyer may still retain his or her private practice while serving as a county court judge, as long as there are no conflicts. There are four regular dates per month when county court dockets are heard at the courthouses in Meeker and Rangely.

“While we can’t make you a lawyer,” Pototsky said, “we can helpfully make it so you can get through.”

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2022-12-04T08:00:00.0000000Z

2022-12-04T08:00:00.0000000Z

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