Colorado Court of Appeals
Honorable Gilbert M. Román
Retention Year: 2008
Recommendation: Retain
Reports:
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The State Commission on Judicial Performance recommends that Judge Gilbert M. Román BE RETAINED.
Judge Román was appointed to the Colorado Court of Appeals in August 2005. He graduated from Colorado State University and the University of Michigan Law School. He is a prior recipient of the Richard Marden Davis Award presented by the Denver Bar Foundation and the Outstanding Lawyer Award of the Hispanic National Bar Association. Judge Román is responsible for overseeing the court’s diversity internship program with the local law schools.
Before his appointment to the Court, Judge Román was a partner with Rothgerber Johnson & Lyons, LLP, and practiced law with several private law firms in the Denver metropolitan area, as well as with Kaiser-Hill Corporation. His practice focused on complex civil litigation with an emphasis on employment law, commercial litigation, and alternative dispute resolution. He was also an arbitrator and mediator for the American Arbitration Association and an arbitrator for the National Association of Securities Dealers.
Attorneys who responded to survey questions rated Judge Román as average for: (1) being fair and impartial toward each side of the case, (2) making decisions without regard to possible criticism, (3) treating parties equally regardless of race, sex or economic status, and (4) being courteous towards attorneys. Attorneys rated Judge Román below average for (1) writing opinions that are clear, and (2) making reasoned decisions based upon the law and facts. These ratings are consistent with attorney comments to the effect that Judge Román is courteous and respectful of the attorneys appearing before him, but his written opinions sometimes fail to adequately and clearly address the parties' legal arguments. Judges who responded to survey questions rated Judge Román as comparable to other appellate judges in virtually all respects.
In light of the survey responses, the Commission’s review of opinions written by Judge Román, and discussions with him, the Commission recommended that he take additional steps to improve his opinion writing and increase his knowledge of substantive and procedural criminal law. The Commission is satisfied that Judge Román is committed to addressing these concerns. Overall, 84% of the attorneys surveyed and 100% of judges surveyed supported Judge Román's retention, with 65% of attorneys and 82% of judges strongly recommending that he be retained in office.