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Bottger, David 1990 Evaluation


Twenty-First Judicial District - District Court Judge

Honorable David A. Bottger

Retention Year: 1990
Recommendation: Retain


Judicial Performance Commission’s recommendation: Should Be Retained.

Judge Bottger is a graduate of Notre Dame Law School. He served as a law clerk to Colorado Supreme Justice Robert E. Lee, was engaged in private law practice for six years, and was a 21st Judicial District Referee for three and one-half years. He was appointed District Judge in April, 1987.

Bottger presides over felony criminal cases, domestic, civil, probate, juvenile, mental health and appeals from County Court.

Questionnaires of probation, social service, law enforcement personnel, jurors, court staff and trial attorneys resulted in very favorable ratings and comments from all groups.  There was some limited criticism based upon a perceived excess of out-of-court communication with attorneys, which may create the appearance of impropriety. Bottger has agreed to address this matter.

The Commission found Bottger to be: intelligent and quick, predictable, and excellent communicator and he exhibited good common sense.

Bottger is resolved to providing exact justice as best he can considering time and budgetary limitations and the lack of criminal sentencing alternatives.

He believes a judge’s role is not to represent the majority; one of a judge’s responsibilities is to protect the minority form the actions and desires of the majority. He is frustrated by limited community corrections funding and by custody cases, especially when dealing with two good or two bad parents.

He feels all conduct has its consequences and every individual should be responsible for his or her own conduct bearing the burden or reaping the benefits of the consequences resulting from that person’s conduct. He feels his job is to enforce the law, not to be “fair” in every circumstance.