Colorado Court of AppealsRetention year: 2012
2012 Retention Survey Report
2011 Interim Survey Report
2009 Interim Survey Report
Honorable Gale T. Miller
The State Commission on Judicial Performance recommends by a vote of 10-0 that Judge Gale T. Miller BE RETAINED.
Judge Miller was appointed to the Colorado Court of Appeals in 2008. He received a B.A. in English, graduating Phi Beta Kappa from Augustana College in Illinois in 1968. He earned his law degree from the University of Michigan Law School in 1971, where he was Order of the Coif and Managing Editor of the Law Review. Upon graduation, Judge Miller worked for two years as a trial attorney in the Bureau of Consumer Protection at the Federal Trade Commission. In 1973 Judge Miller joined the law firm of Davis Graham & Stubbs in Denver, specializing in commercial litigation. Judge Miller is past chair of the Board of the Colorado Judicial Institute, Senior Housing Options, and the Colorado Lawyers Committee, where he received its Individual of the Year Award and Outstanding Sustained Contribution Award. He has received the Colorado Hispanic Bar Association’s Community Service Award. Judge Miller currently serves on the Colorado Access to Justice Commission and the executive committee of Our Courts, a program created to teach the public about the court system.
Judge Miller had a relatively small sample pool due to his short time on the bench. Those attorneys responding to the most recent survey indicate that his performance is comparable to the other Court of Appeals judges standing for retention. Based on the survey data for all three years Judge Miller has been on the bench, his performance was somewhat weak in writing opinions that are clear, in adequately explaining the basis of the court’s decision, and in making reasoned decisions based on law and facts. Judge Miller is relatively new on the court, and he recognizes his need to improve his opinion writing, as well as to learn about other areas of law outside of his private practice in complex civil litigation. Based on his performance in the last year it appears to the Commission that he is succeeding in these endeavors. Many attorneys commented that in oral arguments Judge Miller is courteous and maintains a good demeanor. Other comments indicate that Judge Miller is intelligent and thoughtfully addresses issues before the court. District judges and other appellate judges responding to the survey indicate that Judge Miller’s performance is comparable to the other judges standing for retention.
Of all attorneys surveyed about retention, 72% recommended to retain, 16% not to retain, and 12% were undecided or didn’t have enough information to make a recommendation. Of those expressing an opinion to retain or not to retain, 82% recommended to retain and 18% not to retain. Of all judges surveyed, 72% recommended to retain, 1% not to retain, and 27% were undecided or didn’t have enough information to make a recommendation. Of those expressing an opinion to retain or not to retain, 98% recommended to retain and 1% not to retain. (These percentages may not total 100% due to rounding.)