Dailey, John 2002 Evaluation

Reports:

2002 Retention Survey Report

The State Commission on Judicial Performance unanimously recommends that Judge John Daniel Dailey BE RETAINED.

Judge Dailey was appointed to the Colorado Court of Appeals in January 2000. Prior to his appointment, Judge Dailey served in the Colorado Attorney General’s Office for 21 years, most recently as Assistant Solicitor General arguing cases on the Attorney General’s behalf to the appellate courts. Judge Dailey has also been an adjunct professor of law at the University of Colorado and University of Denver Colleges of Law, and has taught criminal procedure at the University of Denver College of Law following his appointment to the bench. He currently serves as chair of the Supreme Court Advisory Committee on Rules of Criminal Procedure and also serves as a member of the Supreme Court Advisory Committee on Rules of Appellate Procedure.

Judge Dailey received generally positive comments from both attorneys and trial judges who were surveyed. The trial judges uniformly commended Judge Dailey as hard working and conscientious, and none opposed his retention. The survey results from attorneys were less favorable. Some attorney comments reflect a concern that his prior work in the Attorney General’s Office may influence his decisions in criminal cases. Judge Dailey told the Commission that a review of the cases he has decided, both published and unpublished, refutes that perception. He views his paramount role in deciding criminal cases as ascertaining whether the defendant received due process. Responding to some attorney comments that he is brusque in oral arguments, Judge Dailey contends it is a misinterpretation of his serious demeanor during questioning. He agreed, however, with Commission members that this perception should be addressed.

Data from the Court of Appeals demonstrate that Judge Dailey issues opinions in a timely manner. The Commission found that Judge Dailey was enthusiastic, hard working, and extremely diligent in his efforts to succeed in his new role. The Commission believes he brings a common-sense approach to the job, and unanimously endorses his retention.