The Eighth Judicial District Commission on Judicial
Performance recommends that Judge Daniel J. Kaup BE
RETAINED. The recommendation of the Commission's ten members
was based upon a 6-4 vote.
Judge Kaup's term as District Court Judge in the Eighth Judicial
District began November 2001 and his docket consisted primarily
of civil, criminal, and probate cases and drug court. Preceding
his appointment, Judge Kaup was in private practice in the North
Park area (Walden) for 23-years. His practice included general civil,
probate and domestic relations, water law and part-time appointments
as deputy district attorney, county attorney, and town attorney.
The Commission reviewed the 2004 Judicial Performance Survey data
from attorneys and non-attorneys prepared by the Colorado State
Commission on Judicial Performance. The survey evaluated case management,
application and knowledge of the law, communications, demeanor,
and diligence. The Commission reviewed a written self-evaluation
and interviewed Judge Kaup. The Commission also interviewed attorneys
and non-attorneys having professional contact with Judge Kaup, conducted
a public hearing, and made courtroom observations.
Based upon the Commission's review, the judge received positive
scores related to his treatment of persons appearing in his court,
especially within drug court, and in assisting parties to reach
settlements. However, the judge's skills in the areas of case management
and application and knowledge of law were deemed to be areas of
future improvement. Accordingly, the judge and the Commission have
agreed on a performance plan to strengthen these judicial skills.
The Commission believes that Judge Kaup's commitment to a performance
plan for continuing self-improvement will benefit the Eighth Judicial
District. Therefore, a majority of the Commission recommends Judge
Kaup's retention. |