Bench Record
22percentile

David A. Gilbert

District Court · 4th Judicial District · retention evaluations: 2022, 2016

2022 retention · District Court · 4th Judicial District

Among 2022 district court judges

22 percentile · rank 52 of 67

composite 0100

Among all 2022 judges statewide

15 percentile · rank 113 of 134

composite 0100

Survey responses

51 50th percentile among peers · 60th percentile statewide

15132

Composite index 26.37 among peers (19.53 statewide): the mean of the three percentiles below. Rank orders by it.

Overall survey grade

3.30 of 4 · 35.07 percentile

2.603.80

Mean of category scores

3.27 of 4 · 29.10 percentile

2.583.82

Attorneys saying “meets standards”

67.00% 14.93 percentile

43.00%100.00%

Attorneys

Say “meets standards”
67.00%

Non-attorneys

Say “meets standards”
94.00%
Category scores (0–4) against district court peers
CategoryScorePeer medianPeer range (dot is this judge, line is the median)
Case Management3.20median 3.403.40
Application and Knowledge of Law3.20median 3.303.30
Communications3.50median 3.503.50
Diligence3.20median 3.403.40
Demeanor3.20median 3.503.50
Fairness3.30median 3.403.40

Commission: meets standards (7–0)

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.

State evaluation page · 2022 survey report (PDF)

2016 retention · District Court · 4th Judicial District

Among 2016 district court judges

68 percentile · rank 20 of 61

composite 0100

Among all 2016 judges statewide

67 percentile · rank 36 of 108

composite 0100

Survey responses

86 68th percentile among peers · 59th percentile statewide

17164

Composite index 67.49 among peers (66.36 statewide): the mean of the three percentiles below. Rank orders by it.

Overall survey grade

3.62 of 4 · 70.49 percentile

2.793.84

Mean of category scores

3.63 of 4 · 79.51 percentile

2.813.84

Attorneys saying “meets standards”

84.00% 52.46 percentile

40.00%100.00%

Attorneys

Overall grade
3.48
Say “meets standards”
84.00%

Non-attorneys

Overall grade
3.77
Say “meets standards”
88.00%
Category scores (0–4) against district court peers
CategoryScorePeer medianPeer range (dot is this judge, line is the median)
Case Management3.54median 3.383.38
Application and Knowledge of Law3.54median 3.413.41
Communications3.68median 3.533.53
Diligence3.59median 3.483.48
Demeanor3.64median 3.473.47
Fairness3.80median 3.683.68

Commission: meets standards (10–0)

The Fourth Judicial District Commission on Judicial Performance unanimously (10-0) recommends that Judge David A. Gilbert BE RETAINED.

Judge Gilbert was appointed to the El Paso County District Court in July, 2001. Prior to his appointment, Judge Gilbert spent two years in private practice, then joined the El Paso County District Attorney’s Office as the Deputy District Attorney. He also served as Chief Deputy District Attorney, and was responsible for the management of the criminal division and the homicide prosecution unit. Judge Gilbert graduated from Queens College (City University of New York) in 1980 and received his law degree from the University of Denver in 1983. Judge Gilbert is a strong believer in community service and speaks to school and community groups regarding the judicial system and also serves as a Judge for high school mock trial competitions.

The Commission conducted a personal interview with Judge Gilbert, reviewed several of his written opinions and self-evaluation, reviewed survey responses and comments from attorneys and non-attorneys and observed him in Court. Among the survey questions was “How strongly do you recommend that Judge Gilbert be retained in office, or not be retained in office?” Of the forty-six attorneys completing the survey, 84% recommended retention and 11% recommended non-retention, and 4% made no recommendation. 88% of the forty non­attorneys completing the survey recommended retention, 2% recommended non-retention, and 10% made no recommendation.

Judge Gilbert's docket during this term has included civil, domestic and criminal cases. Results from the attorneys surveyed showed Judge Gilbert scoring above the average of all District Court Judges standing for retention in all five areas surveyed; non-attorneys surveyed also rated Judge Gilbert above average of all District Judges standing for retention in all five areas surveyed. The Commission asked Judge Gilbert what he thought his areas of improvement could be, and he stated that he was aware that at times he talked too much. This was validated by written comments submitted by both attorneys and non-attorneys on the survey. Judge Gilbert believes his primary strength as a judicial officer is to make sure that everyone appearing in his Court is treated fairly and equally. As part of carrying out this duty, Judge Gilbert strives to provide all parties with a full and complete understanding of the Court’s procedures and the reasons for his decisions.

State evaluation page · 2016 survey report (PDF)