Colorado Judicial Branch

news Colorado Judicial Branch Mary J. Mullarkey, Chief Justice Gerald Marroney, State Court Administrator

Dec. 1, 2003

FOR IMMEDIATE RELEASE Contact: Karen Salaz 303/837-3633 1-800-888-0001 Ext. 633

Second Judicial District Judge Frank Martinez retires Commission sets date to select nominees

The Second Judicial District Nominating Commission will meet on Tuesday, Dec. 30,

2003, to select nominees for appointment by the Governor to the office of district judge for the

Second Judicial District (City and County of Denver). The vacancy is created by the retirement of the Honorable Frank Martinez. The vacancy is effective Dec. 1, 2003.

Due to the time frame, the Commission will review new applications and those applications which were previously submitted to fill Judge Markson’s position. However, for previously submitted applications and reference letters to be reviewed by the Commission, the applicant must submit a letter to the Commission by Thursday, Dec. 18, 2003, stating his or her desire to have such prior application reconsidered.

To be eligible for appointment to fill the vacancy, the applicant must be a qualified elector of the Second Judicial District and must have been admitted to the practice of law in

Colorado for five years. The annual salary for this position is $104,637. The initial term of office of a district judge is a provisional term of two years; thereafter, the incumbent district judge, if approved by the voters, has a term of six years. Application forms are available from the office of the Ex-Officio Chair of the

Nominating Commission, Justice Nancy E. Rice, 2 East 14th Ave., Denver, Colo. 80203; and the

Office of the District Administrator, Miles Flesche, City & County Bldg., 1437 Bannock St.,

Room 256, Denver, Colo. 80202. Applications are also available on the court’s home page at http:www.courts.state.co.us/exec/media/vacancy.htm.

The original and seven copies of the application must be filed with the ex-officio chair no later than 4:00 p.m., Dec. 18, 2003. Late applications will not be considered. Any person wishing to suggest a candidate to fill the vacancy may do so by letter to be submitted to any member of the nominating commission, with a copy to the ex-officio chair, no later than 5:00 p.m., Dec 11, 2003.

Applications will be kept confidential, except that the nominating commission shall disclose the names, work addresses, and work telephone numbers of those nominees submitted to the Governor. The members of the nominating commission for the Second Judicial District are:

Elizabeth Starrs, Angela Padilla, Gary Jackson, Joe Barrows, Julia Waggener, Joseph Lambert and Joe Samuel, all of Denver.

Editor’s Note: Contact information for the nominating commission members

 Elizabeth Starrs, 1675 Broadway Suite 1800, Denver, CO 80202  Angela Padilla, 1637 Wolff St., Denver, CO 80204  Gary Jackson, 1741 High St., Denver, CO 80218  Joe Barrows, 1050 Humboldt St., Denver, CO 80218  Julia Waggener, 2015 York St., Denver, CO 80205  Joseph Lambert, 1020 15th St., No. 40C, Denver, CO 80202-2327  Joe Samuel, 333 E. Bayaud Ave., No. 711, Denver, CO 80209

This information is provided as an e-mail service of the Colorado State Judicial Branch, Office of State Court Administrator, 1301 Pennsylvania Street, Suite 300, Denver, Colo. 80203. To discontinue this service or update your e-mail address, please respond to this message with your name, contact information, and any comments. JUDICIAL NOMINATING COMMISSION APPLICATION FOR COLORADO STATE COURT JUDGESHIP SECOND JUDICIAL DISTRICT

Instructions

1. Attached is the application form for a Colorado state court judgeship. Please be complete and thorough in answering the questions. If an answer to any question requires more space than provided, attach a separate sheet of paper for each question.

2. Answers must be typed or printed in black ink.

3. Each completed original and all copies of the application should be stapled ONCE in the upper left-hand corner. They should NOT be bound in any way, should NOT be in notebooks, should NOT have covers attached, and should NOT have sections of the application tabbed in any way.

4. While it is preferred that you submit your application on this standard form, you may choose to reproduce this form on a computer. If you do so, however, please ensure that the top and left margins are 1” and that the size of type is no smaller than 12 pt.

5. You must submit the names of not less than three nor more than five individuals from whom you are requesting a letter of reference. Such letters of reference shall be strictly confidential. All such letters shall be sent directly to the Second Judicial District Nominating Commission, c/o Justice Nancy E. Rice., Ex-Officio Chair, at the address listed below. You are instructed to tell your references not to send the original or a copy to you. A request for reference form is attached and must be used for each reference requested. In order to assure consideration of the letters of reference, they must be received on or before the last date applications may be filed.

Please Note: Reference letters from applications previously submitted to fill Judge Markson’s position need not be resubmitted.

6. You must file an original and seven (7) copies of your application.

7. Your application should be filed at the following address:

Second Judicial District Nominating Commission Justice Nancy E. Rice, Ex-Officio Chair 2 East 14th Avenue, 4th Floor Denver, CO 80203

8. Your application must be filed no later than: 4:00 p.m. Tuesday December 18, 2003. SECOND JUDICIAL DISTRICT NOMINATING COMMISSION

REQUESTED REFERENCE ON BEHALF OF ______. (Name of Applicant)

The above individual is applying for an existing vacancy on the Second Judicial District Court bench. The applicant is requesting that you write a letter of reference. It is not inappropriate for you to decline to do so. In writing such a letter, the Judicial Nominating Commission requests that you specifically address both the strengths and weaknesses of the applicant under separate headings. If you believe the applicant has no weaknesses relative to his or her capabilities to be a District Court judge, you may so state. Finally, please rate the applicant, i.e., outstanding, excellent, above average, average, below average, or poor. All letters of reference are strictly confidential. A copy may not be sent to the applicant. The original and seven (7) copies must be sent directly to:

Justice Nancy E. Rice Second Judicial District Nominating Commission 2 East 14th Ave. Denver, CO 80203

It is extremely important to the Commission that you be as objective as possible in assessing the applicant’s qualifications. We rely very heavily on letters of reference and unless you are totally objective in your comments, the Commission cannot properly carry out its function. Do not feel compelled to endorse the applicant merely because you have been asked to write a letter of reference on his or her behalf.

Sincerely,

Second Judicial District Nominating Commission

Applicant should send a copy of this instruction to each of his or her requested references. JUDICIAL NOMINATING COMMISSION APPLICATION FOR COLORADO STATE COURT JUDGESHIP

NOTE: For the required number of copies to file, please refer to the INSTRUCTION SHEET that corresponds to the specific vacancy for which you are applying.

SECOND JUDICIAL DISTRICT (designate vacancy for which application is being made)

A. PERSONAL INFORMATION

1. Full Name ______

2. Birth Date ______

3. Are you a United States citizen? ______

4. Attorney Registration Number ______

5. Home Address ______

______Telephone ______

6. Office Address ______

______Telephone ______Facsimile ______

7. Length of residence in the district ______Length of residence in the county ______

8. List your place of residence for the past five years.

Dates City State

9. Have you had any military or other public service? If so, please give details.

______

B. EDUCATIONAL BACKGROUND

10. List the names and locations of schools attended, beginning with high school.

Dates Name Location Attended Degree

11. List scholarships, awards, honors, and citations you received during college and law school.

______

______C. PROFESSIONAL BACKGROUND AND EXPERIENCE

12. List all courts in which you have been admitted to practice, with dates of admission. Give the same information for administrative bodies which require special admission to practice.

Bar Admission Date

13. Indicate your present employment (list professional partners or associates, if any).

______

14. List your prior professional or business employment (list professional partners or associates and dates) since completion of your formal education.

______

15. If you have not been employed continuously since completion of your formal education, describe what you were doing.

______

______16. Describe the nature of your present law practice, listing the major types of law you practice and the percentage each constitutes of your total practice.

______

17. List other areas of law in which you have practiced.

______

18. If you specialize in any field of law, what is your specialty?

______

19. Have you practiced in the appellate courts of Colorado within the past five years? If so, please state the number and the types of matters handled.

______

20. Have you practiced in the trial courts of Colorado within the past five years? If so, please state what percentage of your total practice your trial practice constituted and the types of matters handled. ______

______

______21. List five litigated cases in which you participated as a judge or lawyer in the past five years, the names of the judges presiding, and/or the names of counsel. Please list current telephone and fax numbers (including area code) for each person identified.

Case Name/Number: Presiding Judge: (t) (f) Counsel: (t) (f)

22. Summarize your experience in adversary proceedings before administrative boards or commissions during the last five years.

______

23. List any law related lectures, speeches, or other presentations you have given and any such books or articles you have authored during the last five years.

______

______D. PROFESSIONAL AND PUBLIC SERVICE

24. List activities in professional associations, including offices held, committees, awards, honors, and citations (include dates).

______

25. List your activities in civic and charitable organizations, including offices held, awards, honors, and citations (include dates).

______

26. State all public offices to which you were appointed or elected (include dates served).

______

E. ABILITY TO PERFORM ESSENTIAL JOB-RELATED FUNCTIONS

27. Within the past five years have you experienced any physical or mental condition, illness, or injury which (1) is continuing or is likely to reoccur and (2) with or without reasonable accommodation, would adversely affect your ability to perform essential job-related functions as a judge? If so, please give details.

______

F. PROFESSIONAL CONDUCT AND ETHICS

28. Have you ever been disciplined or sanctioned for a breach or possible breach of ethics or unprofessional conduct by the Supreme Court Grievance Committee, the Attorney Regulation Committee, the Presiding Disciplinary Judge, the Appellate Discipline Commission, the Colorado Supreme Court, the Commission on Judicial Discipline (including a private letter of admonition, reprimand, or censure), or by any administrative agency or disciplinary committee? If so, please give details. ______

______

______29. Do you know if any proceeding is pending against you before the Attorney Regulation Committee, the Presiding Disciplinary Judge, the Appellate Discipline Commission, the Colorado Supreme Court, or by any administrative agency or disciplinary committee? If so, please give details.

______

30. Have you ever been cited for contempt of court? If so, please give details.

______

31. Do you disagree with any of the canons contained in the Colorado Code of Judicial Conduct or any of its provisions? If so, please explain.

______

32. Are you familiar with the Commission on Judicial Discipline and its function?

______

33. Do you understand a judge is required to file reports of compensation for quasi-judicial and extra-judicial activities in conformance with the Code of Judicial Conduct?

______

34. Do you understand that a judge must comply with the Public Official Disclosure Law (Section 24-6-202, C.R.S. 1998)?

______

35. If you are now active in partisan politics, would you cease such activity if you are appointed to judicial office?

______

36. Have you ever been summonsed for, arrested for or charged with a felony, misdemeanor, or serious traffic offense? If so, please give details. This question includes charges that have been deferred, dismissed, expunged or pardoned. ______

37. Have you ever been a party to, or the subject of, or otherwise involved in any other legal proceedings, civil or criminal, including dissolution or bankruptcy proceedings? If so, please give details.

______38. Is there any circumstance or event in your personal or professional life which, if brought to the attention of the Commission, might tend to affect adversely your qualifications to serve on the court for which you have applied? If so, please explain.

______

G. BUSINESS AND FINANCIAL INFORMATION

39. Have you ever been engaged in any occupation, business, or profession other than the practice of law? If so, please give details, including dates.

______

40. Are you now an officer or director of any business organization or otherwise engaged in the management of any business enterprise? If so, please give details.

______

41. Do you have any sources of income other than your income from your practice of law or judicial position? If so, please identify the source and the approximate percentage of your total income it constituted over the past three years.

______

42. Do you have any financial interests, investments, or retainers which might conflict with the performance of your judicial duties, or which in any manner or for any reason might embarrass you? If so, please explain. ______

______

______43. Have you ever failed to file your state or federal income tax return? If so, please explain.

______

44. Have you been found by the IRS to have willfully failed to properly disclose your income during the last five years? If so, please give details.

______

45. Do you owe any unpaid taxes? If so, please explain.

______

46. If requested, will you disclose your financial affairs and discuss them with the Commission?

______

H. MISCELLANEOUS

47. Describe how you spend your leisure time (including special interests, hobbies, reading preferences, vacation activities).

______

48. List the names of no more than five individuals from whom you are requesting a letter of reference. ______

______

______49. Please attach a statement not to exceed one page in length, double-spaced, discussing: (a) your knowledge of and experience with the court served by the judgeship for which you are applying; and (b) the reasons why you wish to be appointed to this vacancy and the qualities you would bring to the bench if appointed.

50. If you are applying for an appellate judgeship, you MUST submit a sample of your legal writing of not more than twenty (20) pages with this application.

I. CERTIFICATE OF APPLICANT

I understand the submission of this application expresses my willingness to accept appointment to the judiciary of the State of Colorado, if tendered by the Governor, and further, my willingness to abide by the rules of the Judicial Nominating Commission with respect to my application and the Code of Judicial Conduct, if appointed.

Date Signature of Applicant

Print or Type Name

J. WAIVER

I grant the Commission the right to examine the records of the Attorney Regulation Counsel (formerly maintained by the Supreme Court Grievance Committee) and the records of the Commission on Judicial Discipline.

Date Signature of Applicant

Print or Type Name