(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:
(a) Integrity, including but not limited to whether the justice or judge:
Avoids impropriety or the appearance of impropriety;
Displays fairness and impartiality toward all participants; and
Avoids ex parte communications;
(b) Legal knowledge, including but not limited to whether the justice or judge:
Demonstrates, through well-reasoned opinions and courtroom conduct, an understanding of substantive law and relevant rules of procedure and evidence;
Demonstrates, through well-reasoned opinions and courtroom conduct, attentivenessto factual and legal issues before the court; and
Adheres to precedent or clearly explains the legal basis for departure from precedent and appropriately applies statutes or other sources of legal authority;
(c) Communication skills, including but not limited to whether the justice or judge:
Presents clearly written and understandable opinions, findings of fact, conclusions oflaw, and orders;
Presents clearly stated and understandable questions or statements during oral arguments or presentations, and, for trial judges, clearly explains all oral decisions; and
Clearly presents information to the jury, as necessary;
(d) Judicial temperament, including but not limited to whether the justice or judge:
Demonstrates courtesy toward attorneys, litigants, court staff, and others in the courtroom; and
Maintains and requires order, punctuality, and appropriate decorum in the courtroom;
(e) Administrative performance, including but not limited to whether the justice or judge:
Demonstrates preparation for oral arguments, trials, and hearings, as well as attentiveness to and appropriate control over judicial proceedings;
Manages workload and court time effectively and efficiently;
Issues opinions, findings of fact, conclusions of law, and orders in a timely mannerand without unnecessary delay;
Participates in a proportionate share of the court's workload, takes responsibility formore than his or her own caseload, and is willing to assist other justices or judges; and
Understands and complies, as necessary, with directives of the Colorado supremecourt; and
(f) 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.