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Fitzhugh Scott III

Trial Court · Pitkin · Pitkin

Meets Standards(Retain)3 cycles on record

Evaluation history

  • 1998 retention cycle
    Trial Court · Pitkin · Pitkin
    Meets Standards(Retain)
    Retention Year: 1998 Recommendation: Retain The Ninth Judicial District Commission on Judicial Performance recommends that Judge Fitzhugh Scott, III BE RETAINED. Judge Scott was appointed as County Judge for Pitkin County in 1980. Judge Scott is a most courteous and polite judge. He has been found to be so by polling of the community and from comments gathered in the questionnaires. Voting for Judge Scott to be retained as County Court Judge has in the past been overwhelming, a far higher rate than any Justice of the Colorado Supreme Court. Clearly the Pitkin County community is satisfied with its County Judge. This fact bears significant weight with the Commission. The Commission finds Judge Scott to be a capable, intelligent, and compassionate judge, with experience and knowledge of the law. 92.5% of attorneys recommended that Judge Scott be retained. The favorable qualifications and notably pleasant personality of Judge Scott do not create a unanimous or an across-the-board recommendation. Judge Scott has been criticized for not always speaking clearly and making himself understood, and also for occasions of tardiness. These areas - communication skills and diligence, need improvement. Some members of the Commission brought forward a continuing concern with a perceived indifference towards some law enforcement agencies on alcohol related driving offenses. Notwithstanding this area of concern, the Commission recommends the retention of Judge Scott, particularly noting that he reflects his community in Pitkin County. Percentage rates for the retention of Judge Scott are: Attorneys 92.5%, Court Personnel 75.0%, Law Enforcement Personnel 54.2%, Jurors 100% and Litigants 75.0%. A majority of the Ninth Judicial District Commission on Judicial Performance recommends that Judge Fitzhugh Scott III be retained in office.
  • 1994 retention cycle
    Trial Court · Pitkin · Pitkin
    Meets Standards(Retain)
    Retention Year: 1994 Recommendation: Retain Judge Scott has been County Judge for Pitkin County since 1980. This is a part-time office. Judge Scott also practices law in Aspen. The Commission found that Judge Scott’s reputation for courtesy, good manners and friendliness is almost universal. He appears to be one of the best liked persons in Pitkin County, for good reason. He has high ratings for courtesy, fairness and freedom from prejudice. In the civil cases before him, and these constitute about half of his duties, he encourages settlements. He is intelligent, fair and open minded. It is noteworthy that Judge Scott is widely perceived to be the correct judge for Aspen, and, indeed, his strongest support seems to be from his own community. In 1990 the commission noted that the survey results showed that Judge Scott was frequently late. Similar low marks on punctuality appeared in 1994. The problem is said to be in the organization and procedures of the Pitkin County Court docket. The Commission suggests that the procedures might be changed so that the delays are remedied and the negative comments abated. Judge Scott’s demeanor in the courtroom is more casual than formal. Some observers felt that his style diminishes respect for the judiciary. Others commented that his demeanor is pleasant and respectful which made the trial experience comfortable for all participants. Most of the attorneys who have appeared before Judge Scott agreed that his demeanor is appropriate and that he maintains control of his courtroom. Similarly, 80 to 85% of the attorneys agreed he displays knowledge of the law, evidence, and procedures and renders prompt and clear decisions. Notwithstanding the great popularity and respect for Judge Scott, some law enforcement officers feel that he is too lenient both in searching for reasons to find defendants not guilty in traffic cases and imposing relatively light sentences when guilt is established. These law enforcement officers told the Commission that because of Judge Scott’s leniency, they do not patrol Colorado 82 in Pitkin County as diligently as they should and frequently do not seek a rubber stamp traffic court but believe that the injury rate on Colorado Highway 82 justifies a higher conviction rate and more severe sentences. The Ninth Judicial District Commission on Judicial Performance recommends that Judge Fitzhugh Scott III BE RETAINED.
  • 1990 retention cycle
    Trial Court · Pitkin · Pitkin
    Meets Standards(Retain)
    Retention Year: 1990 Recommendation: Retain Judicial Performance Commission’s recommendation: Should Be Retained. Judge Scott has been judge of the Pitkin County Court since January 1980. For seven years prior to becoming the county judge, he was a municipal judge in the City of Aspen. Scott received his undergraduate degree in history from Yale in 1960 and his law degree from Denver University in 1963. He was admitted to the Colorado Bar in 1964 and, from then until 1967, was in private practice, first with a firm in Glenwood Springs, and then with an Aspen firm. Since 1967 he has been a sole practitioner in Aspen. In Pitkin County, the office of the county judge is a part-time position. Judge Scott divides his time between his judicial duties and the private practice of law. Judge Scott hears civil cases up to $5,000 in controversy ($10,000 on and after Jan. 1, 1991), small claims, misdemeanors and traffic offenses, including drunken driving. Court is held at the Pitkin County Courthouse in Aspen. Of the groups surveyed by questionnaire, a substantial majority of attorneys, litigants, social service and court staff personnel gave Judge Scott high ratings. Law enforcement officers and prosecutors were generally more critical of Scott, citing particularly a lack of clarity in his oral and written communications, some failure to instill public confidence, and a tendency to impose light sentences. Overall survey results indicate Judge Scott is frequently late and often is not prepared. Three litigants who had lost cases in front of his disagreed with Judge Scott’s legal rulings, commented unfavorably on his courtroom demeanor, or complained he was inattentive. Other respondents stated, however, that he is courteous, patient, very fair and an excellent judge who always tries to do justice.

Surveys & reports

No survey reports on record for this judge.

Sources

Fitzhugh Scott III · Colorado Judicial Performance Evaluation