DAVID L.

SHAKES
270 South Tejon Street, P.O. Box 2980
Colorado Springs, CO 80901
David.shakes@judicial.state.co.us
Office (719) 448-7512

July 22, 2010

Supreme Court Nominating Commission

Chief Justice Mary Mullarkey, Ex Officio Chair
101 West Colfax Avenue, Suite 800
Denver, CO 80202

Subject: Recommendation of David S. Prince

Dear Madam Chief Justice:

I am pleased to have the opportunity to recommend David S. Prince for

the position of Associate Justice of the Colorado Supreme Court. I am sure that
others will attest to David’s scrupulous integrity, intellectual brilliance and
steadfast dedication to applying the law. I can attest to each of these attributes.
However, let me provide you a different perspective on David’s outstanding and
unique qualifications to serve on the Supreme Court.

In recommending David to you, I believe I bring several unique

perspectives. I have served as a District Judge for seven years. Prior to
becoming a judge I was a civil trial attorney for twenty years. I served as the
Chief Trial Judge for the Army Reserve and in that capacity led and managed the
eighteen trial judges of the Army Reserve. As part of the Army Reserve I served
from January 2007 through January 2008 as the Rule of Law Advisor, Task
Force 134 at the U.S. Embassy in Baghdad. My job in Iraq was to assist in
developing a credible and effective criminal justice system that was an alternative
to the sectarian violence that was pervasive in the country. I learned a lot about
what makes a judiciary credible and the importance of a judiciary that is
accountable to the law and self-regulating. My experience in Iraq gave me
insights into the role of the judiciary in a society that are significant to my
recommendation of David.

I have been able to observe David from several different perspectives-

colleague, opponent, Inn of Court leader, and community leader. I have worked
with David as a colleague on the District Court bench in the Fourth Judicial
District since his appointment in 2006. I have observed David work with his
colleagues and preside in court. His temperament and demeanor are the epitome
of what we all desire to exhibit as judges. He presides with dignity and balance
that creates a respect for the law. I have served on many committees and
working groups devoted to our efforts to improve the operations of our court

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system. David brings innovation, energy, and a respect for the law to all his work.
He is respected by his colleagues on the bench and can be counted on to
contribute to our understanding of the most challenging legal issues.

I first worked extensively with David in 1997 as opposing counsel in a

significant construction litigation case that ultimately was reported in Main
Electric Ltd. V. Printz Service Corp., 980 P.2d 522 (Colo. 1999). David took over
the case after trial and, although David was not the trial attorney in the case, I
was immediately impressed with his ability to understand the factual and legal
issues involved in a very complex matter. As we progressed through the
appellate process over the following years David exemplified professionalism and
intellectual vigor at every stage. His writing was focused and persuasive and his
oral argument incisive.

I have worked with David in developing the Judicially Speaking program.

Our goal in this program is to develop in high school students an appreciation for
the role of the judiciary in our society through curriculum development and
speaking. That might sound like a lofty goal for a few judges from Colorado
Springs. However, David has made it happen. In developing this program we
have had to focus on what would make the program unique, inspiring and
illuminating to the students. It is through this process that I have learned the most
important attribute of David Prince that I would like you to consider. David truly
understands the role of the judiciary in our society. He understands the limited
role of the judiciary and the importance of a judiciary devoted to applying the law
and being exemplars of integrity.

David followed me as the President of the Ben Wendelken Inn of Court.

Not only did he bring his energy and brilliance to our Inn, his messages at every
meeting emphasized the dignity, importance and utility of a legal system based
on professionalism and adherence to the rule of law. Through my unique
experiences dealing with the rule of law I gained significant insights and have
given a great deal of thought to what makes a judiciary credible and effective.
David has given a great deal of thought to what makes a judiciary credible and
effective and demonstrates an outstanding understanding of role of law in our
society.

I recommend David Prince to you without hesitation or reservation. His

intellectual capacity, judicial demeanor, understanding of the rule of law, and
devotion to applying the law all cause me to conclude that he would serve our
state well as an Associate Justice of the Supreme Court.

Sincerely,

David L. Shakes