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David C. Johnston

Trial Court · Delta · Delta

Meets Standards(Retain)3 cycles on record

Evaluation history

  • 2000 retention cycle
    Trial Court · Delta · Delta
    Meets Standards(Retain)
    Retention Year: 2000 Recommendation: Retain The Seventh Judicial District Commission on Judicial Performance recommends that Judge David C. Johnston BE RETAINED. Judge Johnston is a graduate of Stanford University and Harvard School of Law. He spent 15 years in the private practice of law before being appointed Delta County Judge in January 1989. His workload involves civil and criminal cases. The Judicial Performance Commission, after its interview, was impressed with Judge Johnston's dedication to his position as judge and his commitment to the judicial system. He appeared attentive to his responsibilities and sets high goals for himself as a judge. The sampling of attorneys responding to questionnaires, found Judge Johnston to be courteous to those in his courtroom and impartial. Attorneys indicated the judge is clear in both written and oral communications, listens patiently, is punctual and manages court time efficiently. Management of his cases and docket in a timely manner, preparation, ruling in a timely matter, making decisions without regard to criticism and Judge Johnston's knowledge of the rules of evidence and procedure were all rated well above average. The Commission's high evaluation of Judge Johnston, taking into consideration his own self-evaluation, is confirmed in the responses and comments from both attorneys and non-attorneys. Ninety-four percent (94%) of attorneys responding to the evaluation recommended that Judge Johnston be retained, while 6% recommended non-retention. Sixty-two percent (62%) of non-attorneys recommended retention, 19% recommended non-retention and 19% had no opinion. During public hearing, information was presented regarding Judge Johnston's rulings in particular cases. The Judicial Performance Commission was not persuaded that the information presented indicated Judge Johnston acted improperly. The Seventh Judicial District Commission on Judicial Performance recommends that Delta County Judge David C. Johnston BE RETAINED.
  • 1996 retention cycle
    Trial Court · Delta · Delta
    Meets Standards(Retain)
    Retention Year: 1996 Recommendation: Retain The Seventh Judicial District Commission on Judicial Performance recommends that Judge David C. Johnston BE RETAINED. Judge Johnston has been the Delta County Court Judge since his appointment in January 1989. He received his BA degree from Stanford University in 1968 and his law degree from Harvard Law School in 1974. The same year, he was admitted to the Bar in New Mexico. He served as Legal Aid Attorney for Zuni Legal Services from 1974 to 1976. He became a member of the Colorado State Bar in 1976, at which time he opened his private law practice. Judge Johnston’s present case load is approximately 80% of a full-time case load, and includes traffic, misdemeanor, preliminary felony matters, small claims and civil claims less than $10,000. Judge Johnston also conducts settlement conferences in district Court civil cases through the Seventh Judicial District as needed, and occasionally sits as a District Court Judge. His private law practice in Paonia has taken a back seat due to the increasing case load of his judicial duties. Judge Johnston has received high ratings from the law community, courthouse personnel, litigants and jurors, receiving ratings of 100% in all areas of evaluation. He was described by fellow attorneys as courteous, compassionate, and a diligent worker who offers prompt rulings and decisions in a clear manner, displays fairness in all his dealings, and maintains courtroom control with patience and occasional humor. He has received somewhat less enthusiastic ratings from the law enforcement community. Judge Johnston is aware of the problems that arise from the conflict of fiving cases adequate consideration versus meeting the time constraints of a heavy docket, as well as between consistency in sentencing versus overcrowded jails. He occasionally finds it necessary to provide alternate sentences to jail and feels that plea bargaining is the most important tool in heling to run the system in an economically feasible manner. He understands the frustration level of law enforcement personnel when he has to dismiss cases in which evidence has been mishandled or is not sufficient to hold a suspect. Overall, Jude Johnston appears to the commission to be well qualified. His legal ability is unquestioned. His background and experience prior to being appointed to County Court Judge allow him to understand and deal with the issues that come before his court. On a personal note, Judge Johnston is the father of four children, two of whom attended the University of Colorado in Boulder, one is still in high school, and one is in middle school. He is a volunteer coach, a board member of the Paonia Babe Ruth League, a member of the Paonia Rotary Club, and is a past member of the Seventh Judicial District Bench-Bar Committee.
  • 1992 retention cycle
    Trial Court · Delta · Delta
    Meets Standards(Retain)
    Retention Year: 1992 Recommendation: Retain David C. Johnston should be retained for a full four year term as the Delta County Court Judge. He appears to be dedicated to doing the best job he can as a judge. It is work he especially likes, due mostly to the diversity. He has experienced an ever increasing caseload, and finds it necessary to provide alternative sentences to jail and recognizes plea bargaining as an important tool in helping to run the system in an economically feasible manner. Fellow attorneys who practice before him generally consider him to be a knowledgeable and fair judge. Overall, the comments were positive and suggested widespread satisfaction with his performance. The Commission is likewise satisfied and recommends the retention of Judge Johnston. Those responding to the judicial performance questionnaires were largely in favor of retaining Judge Johnston. A majority of those respondents identified as law enforcement personnel were not in favor of retention; however, attorneys, jurors, courthouse personnel and litigants overwhelmingly recommended retention. Judge Johnston appears to the Commission to be well qualified. His legal ability is unquestioned. He background and experience prior to being appointed county court judge allow him to understand and deal with the issues that come before his court. He was also aware and very understanding of the problems which the court faces which include the conflict between giving cases adequate consideration and meeting the time constraints of a very heavy docket, consistency in sentencing, and an overcrowded jail. Judge Johnston has been on the bench a short time. Yet, he appears to have adapted well and to have learned a great deal about his position. He accepted the negative remarks about his performance well and appreciated honest feedback. The Commission believes that he will profit form this experience and that his performance will improve in the future. Judge Johnston has been the Delta County Court judge since his appointment in January, 1989. His current caseload is 80% of a full-time caseload. His caseload includes traffic, misdemeanor, preliminary felony matters, small claims, and civil claims less than $10,000. He also conducts settlement conferences in District Court civil cases and is appointed to District Court cases throughout the Seventh Judicial District as needed. He practices law in Paonia when not performing his judicial duties. David C. Johnston received his BA degree from Stanford University in 1968 and his law degree from Harvard Law School in 1974, the same year he was admitted to the Bar in New Mexico. He served as Legal Aid Attorney for Zuni Legal Services from 1974 to 1976. He became a member of the Colorado State Bar in 1976 at which time he opened his law practice. Judge Johnston is married and has four children, two of whom are attending the University of Colorado at Boulder, and two at home. He is a volunteer coach, Vice-President of the Minnesota Creek Canal and Reservoir Company, a member of the Paonia Rotary Club, the Delta County Schools Accountability Sub-Committee on Drug and Violence Free Schools, and a member of the Seventh Judicial District Bench-Bar Committee. The 7th Judicial District Commission on Judicial Performance recommends that Judge David C. Johnston be retained.

Surveys & reports

No survey reports on record for this judge.

Sources