Colorado Court of Appeals
Honorable Diana L. Terry
Retention Year: 2008
Recommendation: Retain
Reports:
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The State Commission on Judicial Performance recommends that Judge Diana L. Terry BE RETAINED.
Judge Terry was appointed to the Colorado Court of Appeals in 2006. She received both her undergraduate and law degrees from Rutgers University, where she was managing editor of the Rutgers Law Review. She has been a longtime faculty member of the National Institute for Trial Advocacy, as well as a past president of the Law Club of Denver and a member of the Leadership Denver Class of 2005. She is currently the president of the Thompson G. Marsh American Inn of Court.
Before her appointment to the Court, Judge Terry was in private practice with White & Steele, P.C., with her own firm, and before that with three other firms. Previously, she was a law clerk to the Presiding Judge, Chancery Division of New Jersey Superior Court. Her practice focused on complex commercial litigation.
Judge Terry is intelligent, resourceful, and conscientious. Attorneys who responded to survey questions rated Judge Terry as comparable in some respects to other appellate judges, and below average with respect to (1) being fair and impartial, (2) writing opinions that adequately explain the basis of the court’s decisions, (3) making decisions without regard to possible criticism, and (4) being prepared for oral argument. These ratings are consistent with attorney comments. Judges rated her as comparable in all respects to other appellate judges, and commented that she is a diligent and capable jurist.
The Commission also reviewed various opinions that Judge Terry wrote. Generally, her ultimate legal conclusions were logically and appropriately supported by the facts in the record, and reflected the polished work-product expected from the Court of Appeals. In light of the Commission’s review of Judge Terry’s opinions, and discussions with her, the Commission is satisfied that she will address the concerns raised by the survey responses. Overall, 79% of the attorneys surveyed and 100% of the judges surveyed supported Judge Terry’s retention, with 61% of attorneys and 85% of judges strongly recommending that she be retained in office.