Fifth Judicial District Judge Russell Granger will be retiring Nov. 1. Anticipating the bench opening following his retirement, Colorado’s Judicial Department has posted a call for applications to the position. Having completed interviews and other procedures with qualified applicants, the Fifth Judicial District nomination commission met Friday to select the finalists to be nominated to Gov. Jared Polis for appointment.
According to the Colorado Office of Judicial Performance Evaluation, Granger served within the Fifth Judicial District since 1998, when he first sat on the Clear Creek County bench. In 2006, Granger was appointed to the District Court bench, where he has worked within Eagle County since. In the 2020 Retention Survey Report on Granger’s performance, it was noted that Granger is “proficient at complex trials” and advocates for out-of-courtroom solutions to problems. Forty-one written evaluations, including 39 completed by attorneys, evaluated Granger on various aspects of his performance.
“The survey results found that Judge Granger meets performance standards, higher than the 83% rating for all district judges,” the evaluation read. “Judge Granger scores slightly higher than the average for all district judges on case management. The commission noted that Judge Granger scored lower than average for all other district judges in fairness; however, there were multiple survey respondents who praised him for his fairness. Granger noted that fairness is important to him in his work on the bench. He stated that he recognizes that people in court need to be heard and understood and he works to provide that for each person who appears before him.”
Following in Granger’s footsteps, the incoming Fifth Judicial District judge will also be faced with balancing sides in a trial.
The Colorado Judicial Department on Oct. 11 released the names of three candidates the nominating commission chose to move forward in the appointment process. Inga Causey of Gypsum, Courtney Holm of Edwards and Rachel Olguin-Fresquez of Gypsum were selected to be the candidates Polis will evaluate and eventually choose from to sit on the district court bench following Granger.
Causey explained that like Granger, she believes a district court judge needs to prioritize effective listening in order to make fair decisions.
“Over the years, you sometimes see judges that are worn down, that are fatigued and oftentimes, they stop listening to the people before them,” Causey said. “I believe that as a judge, we are here to serve the community. We are here to serve others and that mandates serving with compassion, empathy, creativity and resourcefulness.”
Causey, like the position’s other nominees, has deep roots within the counties that make up the Fifth Judicial District. She noted that this kind of community connection is essential to a better understanding of issues presented and resources available to make decisions.
“When you understand the heartbeat of a community, you’re better able to serve that community,” Causey said.
Causey is currently the town prosecutor of Vail, a magistrate judge for the 13th judicial district, a deputy judge for Minturn, an associate judge for De Beque and a partner at Causey & Howard Attorneys and Counselors at Law. She said she believes her background in law qualifies her to fill Granger’s position. Along with her 20-plus years of experience, Causey shared that her passion for what she does is tethered to her every move in the courtroom.
She described how this sentiment was inspired, telling a story about how she was tasked with representing an entire Louisiana parish while a third-year law student.
“I walk into the courtroom and it is packed,” Causey said. “It’s full of TV and news and I see people in the community are just wall-to-wall. I’m terrified. I’m thinking, ‘oh my gosh, this entire parish is depending on a law student to help them.’ I started walking to the podium to give my oral argument and I was nervous; my voice was shaking and my ears get hot when I get nervous. But behind me, this community, with each sentence, I would hear their words of encouragement. ‘That’s right,’ ‘you tell it,’ those kinds of things. At that point, I knew that what we did matters and that our work is meant to serve others. I wanted to carry that with me today and I will keep that perspective on the bench.”
Per the Colorado Constitution, Polis has 15 days following the nominations on Oct. 10 to select the new Fifth Judicial District judge.
Depending on who Polis appoints to the position, the future of the seat is up to the candidate’s available start date. Robert McCallum, Public Information Officer at Colorado’s judicial department, explained that the selected candidate may need to wrap up a private practice as well as personal affairs before moving to serve on the bench. Because of this, the judgeship may be temporarily filled until the incoming judge is able to take the seat.
McCallum also explained that a start date before Election Day results in a difference in initial term length compared to a start date after midterms.
“If this person started on Nov. 1, in two years they would be eligible to stand for retention again, because it would be prior to the next election,” McCallum said. “If the person started, say Nov. 15, after this year’s general election, that person would actually have to wait four years to sit for the provision because there wouldn’t be an election cycle.”
Colorado judges are appointed, but voters can remove them at a general election.
The two-year window around elections is given to those at the beginning of their judgeship before a retention evaluation for judges to get their footing and tackle the new-position learning curve, McCallum explained.
“It’s a big job to take the bench and be a judge,” McCallum said.