Shay K. Whitaker

Commission: meets standards (7–0)

The Eighteenth Judicial District Commission on Judicial Performance unanimously agrees by a vote of 7-0, with three Commissioners absent from voting, that Judge Shay K. Whitaker MEETS PERFORMANCE STANDARDS.

Judge Whitaker presides over a criminal docket. Judge Whitaker’s strengths include her demeanor, fairness, and case management, noting her pre-docket Webex procedure increases efficiency. A few weaknesses were mentioned, but comments noted wanting more explanation of the legal basis of her rulings. Commission members noted Judge Whitaker is committed to public service and to ensuring fairness and accessibility of her Courtroom. Judge Whitaker is praised for her demeanor and case management skills. In both her interview with the Commission and her self-evaluation materials, Judge Whitaker explained she wants her courtroom to feel safe and accessible to all parties. She focuses on her demeanor and being patient, taking the time to explain the process throughout, and to confirm everyone understands. Based on these findings the Commission unanimously agreed that Judge Whitaker meets performance standards.

In addition to meeting with Chief Judge Amico, the Commission interviewed members of the District Attorney’s Office, Public Defender’s Office, and Probation regarding their interactions with and impressions of Judge Whitaker’s performance. Survey responses reviewed from both attorneys and non-attorneys praised Judge Whitaker’s temperament, punctuality, and communication skills. Survey respondents described Judge Whitaker as fair, personable, and calm. Litigants appearing before her say she maintains control over her courtroom while still being respectful, taking the time to explain issues clearly, using language everyone can understand. Judge Whitaker’s surveys reflected feedback on her Case Management, Application and Knowledge of the Law, Communications, Diligence, Demeanor, and Fairness. Of the twenty (20) completed surveys returned (14 attorneys, 6 non-attorneys), Judge Whitaker achieved an overall performance rating of 3.4 of a possible 4.0. Thirteen (13) out of fourteen (14) attorneys rated her as meeting performance standards (93%), with 100% of non-attorneys agreeing.

Judge Whitaker was appointed in 2015. She obtained both her undergraduate degree and law degree from Ohio State University before moving to Colorado and beginning her career as a criminal defense attorney. Judge Whitaker worked as Alternate Defense Counsel representing indigent defendants for 18 years in Arapahoe, Douglas, Lincoln, and Kit Carson counties. She handled a split docket in Douglas County, consisting of civil, adult criminal, dependency and neglect, and juvenile criminal matters, before rotating to an entirely criminal docket.

State evaluation page · 2024 survey report (PDF)

Commission: meets standards (10–0)

The Eighteenth Judicial District Commission on Judicial Performance unanimously (10-0) agreed that Judge Shay K. Whitaker MEETS PERFORMANCE STANDARDS. Judge Whitaker was appointed to the District Court in 2015. Her current docket in Douglas County includes criminal and civil cases. Judge Whitaker earned her undergraduate degree, with magna cum laude honors, and her Juris Doctor from The Ohio State University. Prior to her appointment to the District Court, Judge Whitaker was a criminal defense attorney at Whitaker & Associates in Aurora, in private practice at various law firms, and frequently served as Alternative Defense Counsel representing indigent defendants in criminal proceedings. The Commission considered the Judge’s written self-evaluation, results from the 2018 Judicial Performance Survey of attorneys and non-attorneys who had been involved in proceedings in her courtroom, written decisions submitted by the Judge, courtroom observations by the Commissioners, input from representatives of the District Attorney and Public Defender’s offices, and an interview with the Judge. The 2018 Judicial Performance Survey results reflected responses from 26 attorneys who completed the survey: 85% indicated that she meets performance standards, 4% indicated she does not meet performance standards, and 12% expressed no opinion (These percentages may not total 100% due to rounding). The 2018 survey results also reflect 57 non-attorney responses: 96% indicated that she meets performance standards, 4% indicated she does not meet performance standards, and 0% expressed no opinion. Judge Whitaker is a diligent and hardworking judge with a strong commitment to public service. She is organized and prepared to hear and understand the cases before her and strives to treat every person who appears in her courtroom with respect, compassion, and fairness. Her written opinions and orders are thorough and well-reasoned. Survey respondents frequently praised her demeanor and judicial temperament, her preparation, her consistency in sentencing and the application of the law, and her ability to issue rulings in a timely manner. The Commission, composed of 4 attorneys and 6 non-attorneys, found Judge Whitaker to be engaging and personable, with a demonstrated enthusiasm for learning and legal research, and a genuine desire to continue to improve as a judge.

State evaluation page · 2018 survey report (PDF)