The Colorado Supreme Court docket censured a part-time Baca County choose and accepted her retirement on Thursday for failing to keep up excessive judicial requirements and abusing the status of her workplace following a number of drunk driving arrests.
Debra M. Gunkel, a lawyer and county choose in southeastern Colorado with a 20% workload, agreed with the Colorado Fee on Judicial Self-discipline that police arrested her in January 2018 for driving below the affect in Prowers County. Gunkel informed the officers she was a choose and requested them to take her residence.
She pleaded responsible and acquired a nice of $100 plus a two-year probationary sentence. Nevertheless, lower than a 12 months later, Gunkel was arrested as soon as extra in Kansas for DUI. She once more informed legislation enforcement personnel that she was a choose.
“In gentle of issues about whether or not litigants may query your impartiality and equity in circumstances involving DUI prices and probation revocation complaints,” the Supreme Court docket’s unsigned order defined, “the Chief Choose within the fifteenth Judicial District ordered that no DUI or probation revocation circumstances could be assigned to you.”
Gunkel admitted her second DUI violated the phrases of her probation, and an out of doors choose for the Prowers County case instituted a brand new sentence of group service and an alcohol analysis. For her DUI in Kansas, a courtroom sentenced her to a different suspended sentence, requiring home arrest and fines in lieu of jail.
The Supreme Court docket censured Gunkel for failing to behave in a way that promotes public confidence within the judiciary and for abusing the status of her judicial workplace. She additionally agreed to retire inside three days.
Jeffrey A. Wolf, a felony protection legal professional in Denver, stated {that a} prosecutor would doubtless be extra involved about Gunkel’s experiences with the legislation than the defendants who got here earlier than her.
“In my expertise, judges whose lives have been touched by the system are extra understanding to the defendants of their courtrooms,” Wolf stated.
Nevertheless, Ann Roan of the Colorado Prison Protection Bar, noticed the Supreme Court docket’s order didn’t element when the chief choose eliminated Gunkel from dealing with DUI circumstances.
“While you’re on probation, the DA holds the keys to the jail,” Roan stated, noting that Gunkel might have had an incentive to maintain prosecutors joyful given their energy to maneuver to revoke her deferred sentence. Roan believed the choose had an obligation to resign or disclose her circumstances in each case.
Gunkel was a 2010 appointee of Gov. Invoice Ritter. The efficiency fee in her judicial district decided by a 5-3 vote in 2018 that she met efficiency requirements as a choose, discovering Gunkel was respectful of all litigants however wanted to be extra ready and enhance her authorized data.
The Judicial Division on Friday marketed the emptiness for Gunkel’s seat. An legal professional representing Gunkel in the course of the disciplinary course of didn’t instantly reply to a request for remark.
Gunkel is the second state choose to be censured for misconduct previously month. On April 16, the Supreme Court docket accepted the resignation of Arapahoe County District Choose Natalie T. Chase for utilizing the N-word in entrance of Black courtroom staff, and for different office misconduct. In December 2019, the Court docket also censured Mesa County District Court docket Choose Lance P. Timbreza following his DUI, and suspended him for 28 days with out pay.
