July 9, 2010

Supreme Court Nominating Commission

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

RE: Application of Judge Robert M. Russel for

Appointment to the Colorado Supreme Court

Dear Chief Justice Mullarkey and Members of the Nominating

Commission:

It gives me great pleasure to serve as a reference for Judge Robert

M. Russel, whom I have known for over twenty years. I met him
when he was working at the appellate division of the Office of the
Colorado Attorney General, and I was so impressed with him that I
urged him to apply for the Court of Appeals. During most of the
past six years, we have been colleagues on the court, and I have
watched him serve with grace, dedication, and distinction.

Initially, I want to thank each member of the Commission for your

dedication to the court system. I have been a judge for over thirty
years, and I am enormously proud of our court system. I honor you
for giving your valuable time and energy to interview the applicants
and to select the finalists for this important position being vacated
by Chief Justice Mullarkey. I know that you will be interviewing
many extremely intelligent, accomplished, and worthy individuals
and that you will be faced with difficult choices. Therefore, I will
explain why I believe Judge Russel is extraordinarily qualified for
the Colorado Supreme Court.

First, Judge Russel has a passion for the law, which surprisingly,
many lawyers and judges do not have. Although he is extremely
intelligent, he is never arrogant. He understands that judges must
be deferential to the other branches of government, and he is a
careful and respectful listener with a calm and pleasing demeanor.
On numerous occasions, I have seen him skillfully accommodate
the views and rationales of his colleagues without giving up his own
principles. Thus, he is “a student of the law” in the very best sense
of the phrase, because he approaches every problem with an open
mind. Only then does he reason his way to a logical and workable
solution.

As his resume demonstrates, Judge Russel has had considerable

experience as an appellate lawyer and judge, and he is comfortable
with the nature of appellate judging which is collegial, but can also
be solitary and isolating. Finally, he is a superb writer whose
opinions are clear and understandable, even when addressing
complex issues.

I am very proud to have served with Judge Russel, and I am

confident that he would be a highly regarded member of the
Supreme Court. I strongly urge you to give him this opportunity
which he richly deserves. If you have any further questions, I can
be reached at (303) 300-6614.

Respectfully,

Sandra I. Rothenberg