Gov. Jared Polis has appointed Archuleta County Court Judge Justin P. Fay to serve on the 6th Judicial District Court.
Fay will fill the vacancy created by the retirement of Judge Suzanne F. Carlson, effective Oct. 1, when he will take the bench.
Fay, who has served as a county court judge since 2016, said the move is a natural continuation of his two decades in the legal field.
“It really proceeded upon the desire to serve my community and the skill set that I thought I could bring into the position,” Fay said. “When I wake up every day, I want to try to make a positive impact in the world, and I think this position gives me the ability to do that.”
He was chosen over the single other finalist: La Plata County Court Judge Reid Stewart.
Fay described Stewart as a colleague and friend who is always there to pick up the phone and lend an ear, and who will “give you the shirt off his back.” Fay and Stewart have worked together for over a decade, and their daughters happen to be close friends.
“My appointment was bitter sweet, in that Reid is a great colleague, a great judge, a great friend,” Fay said. “It was regrettable that he, by virtue of my appointment, was not appointed – that there could only be one of us.”
As Archuleta County Court judge, Fay presided over criminal and civil matters.
According to his 2022 Judicial Performance Review evaluation, his docket as county judge comprised about 10% criminal cases, 30% misdemeanor cases, 35% traffic cases, 15% civil cases and 10% small claims cases.
In the commission’s overall evaluation, Fay met or exceeded each of the performance standards: case management, application and knowledge of law, communications, diligence, demeanor and fairness.
The attorneys surveyed corroborated those scores in their own reviews, with the exception of rating Fay slightly below average when it came to his application and knowledge of law, and communications.
Fay acknowledged that, and emphasized that his goal is to always be “supremely prepared.”
“I think I have been, but I will continue to do everything I can to be knowledgeable about the vast subject areas (required) on the bench,” he said. “Ongoing education comes with studying on my own, reading resources that are provided for judges, going to trainings. I've done all those things, and I continue to do those things as much as I'm able to.”
He also serves as a district court magistrate and municipal court judge in Pagosa Springs, positions he has held since 2019. Additionally, he operates a private law practice, the Law Office of Justin P. Fay, LLC.
Before becoming a judge, Fay worked as a deputy district attorney in the 6th Judicial District from 2006 to 2016.
He earned his bachelor’s degree from Colorado State University in 2003 and his law degree from the University of Tulsa College of Law in 2005.
Fay, who lives in Durango with his wife and children, said he sees himself first and foremost as a member of the community.
“I don’t think just because I’ve been trusted in this capacity that I’m better than anyone,” he said. “I hope at the end of the day everyone who comes before me feels heard and treated fairly.”
And at the end of the day – even with the robe and gavel – he’s just like everyone else. You might catch him playing pickleball, riding his bike on one of the trails or plunging into the Animas River on a hot day.
The books sitting on his nightstand are, to some degree, what one may expect from a judge: real-life stories of crime, murder and intrigue. At this moment, he is reading Death Row All Stars: A Story of Baseball, Corruption, and Murder by Chris Enss and Howard Kazanjian; American Kingpin, The Epic Hunt for the Criminal Mastermind Behind the Silk Road by Nick Bilton; and a slightly “softer” book – The Lonely Planet’s guide to Ireland, a nod to his own genealogy.
Fay’s appointment leaves a vacancy in Archuleta County Court that will need to be filled in the coming months.
The annual salary for the position is $198,798.
jbowman@durangoherald.com
