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Schwartz, Larry 2010 Evaluation

Tenth Judicial District - District Court Judge 

Honorable Larry C. Schwartz

Retention Year: 2010
Recommendation: Retain

Reports:

2010 Retention Survey Report

2009 Interim Survey Report

 

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The Tenth Judicial District Commission on Judicial Performance unanimously recommends that Judge Larry C. Schwartz BE RETAINED.


Judge Schwartz was appointed to the District Court bench on July 1, 2008. He has served the community with the upmost integrity and has been a positive addition to the bench. He is extremely conscientious about every facet of his duties.


The Commission reviewed the state provided survey results and a written self-evaluation from Judge Schwartz. The Commission conducted an interview with Judge Schwartz and numerous interviews with members of agencies that routinely have contact with Judge Schwartz. The Commission reviewed orders written by Judge Schwartz and his appellate record. The Commission members also conducted on site observation of Judge Schwartz. The majority of the information and data reviewed by the Commission indicates that Judge Schwartz is knowledgeable regarding the substantive law. Currently, Judge Schwartz’s caseload consists of 50% of all the domestic relations cases filed in the district and 50% of all the civil cases filed in the district. He recognizes the need to keep abreast of changes in case law, legislative changes, as well as procedural rule changes by the Colorado Supreme Court. He has been extremely diligent regarding his selection of training conferences to include areas of the law that he is less familiar with but may be assigned to in the future.


The primary area of concern presented by attorneys was Judge Schwartz’s active case management. Lawyers expressed concern that at times litigation in complex cases was hindered by case management. Yet uniformly, attorneys commended him for his organization, knowing the particulars of the cases that are before him and promptly issuing detailed orders. There was ample evidence that Judge Schwartz exhibits the ability to reconsider and re-evaluate his procedures including time limits on jury selection.
The Commission found that Judge Schwartz is respected by the legal community and the community at large. He is viewed as usually exercising his discretion appropriately and not exhibiting any obvious bias. The general consensus was that Judge Schwartz treats everyone who appears in his courtroom fairly and with respect. At times Judge Schwartz does not appear to be actively engaged in observing the demeanor of witnesses when he is the fact finder in non-jury cases. Judge Schwartz needs to be cognizant of his statements and actions regarding counsel during jury trials so as not to unintentionally communicate an attitude to the jury. Judge Schwartz appears to have internalized the Canons of Judicial Conduct in that he scrutinizes his own conduct so as to avoid any impropriety and any appearance of impropriety. He exhibits a clear understanding of his role as a member of the judiciary serving the needs and interests of the community. The survey results indicate that the majority of those surveyed strongly recommend retention.