Fourth Judicial District - District Court Judge
Honorable David A. Gilbert
Retention Year: 2022
Recommendation: Meets Performance Standard
The Fourth Judicial District Commission on Judicial Performance voted 7-0 with 3 absent that Judge David A. Gilbert MEETS PERFORMANCE STANDARDS. The Colorado statutory judicial performance standards are integrity, legal knowledge, communication skills, judicial temperament, administrative performance, and service to the legal profession and the public.
Judge Gilbert’s docket includes 50% criminal and 50% civil. Judge Gilbert is described as intelligent, thorough, patient, realistic, and diligent. He is knowledgeable about the law and applies it. Judge Gilbert was observed by numerous members of the Commission and was shown to take time needed to thoroughly explain the proceedings and jargon of the court to jurors, plaintiffs, and defendants as well as taking the time to understand the issues in a case before making any decisions.
The Commission interviewed Judge Gilbert, observed him in Court, reviewed his self-evaluation, written opinions, judicial performance data, comments from attorneys and non-attorneys, spoke with representatives of the District Attorney’s Office and the Public Defender’s Office, and reviewed the judicial performance survey results from 2022 . Judge Gilbert’s overall combined performance score on the 2022 Judicial Performance Survey was 3.3 out of 4.0, lower than the average score of 3.4 for all District Court Judges. 67% of attorneys and 94% of non-attorneys stated that Judge Gilbert meets judicial performance standards. In nearly all categories Judge Gilbert scored 3.2 or above on a 4.0 scale, with high scores of 3.5 in communications. It is noted that Judge Gilbert’s 2019 (and previous cycles as well) performance scores are significantly higher than the current year's surveys. The commission discussed many possible explanations for the 2022 scores being lower, but concluded the scores were anomalous when compared to the breadth of other data and observations regarding Judge Gilbert.
Judge Gilbert has a strong background in both criminal law and civil, which matches his current docket. His long-standing experience as a judge in the 4th Judicial District is certainly a benefit to the court and to his colleagues that he collaborates with weekly. Judge Gilbert conducts inter-disciplinary research from the state bar and state publications as well as using the decisions published by his colleagues from the 4th Judicial District. The Commission encourages him to continue to collaborate and mentor judges in order to share his experience. Judge Gilbert was appointed to the District Court on July 1, 2001. He obtained his law degree from the University of Denver School of Law in1983, then worked in civil practice in the areas of property, corporate, and commercial law and then worked as a Deputy District Attorney in El Paso County. He enjoys and serves the community by speaking to student groups, assisting with Teen Court, judging mock trial competitions, speaking to community groups, and participating in panel discussions with other lawyers and judges. He expresses gratitude to have had the opportunity to gain more than 20 years’ experience as a District Court Judge and feels that there is always more to learn.