KRDO Investigates: El Paso County judge under fire for bias, rude behavior

A KRDO investigation uncovered new details about an El Paso County judge who is one of just two in the entire state who failed to meet performance standards.

UPDATE: Following our story, Judge Christopher Acker did not get retained this election. For full results, click here.

The 4th Judicial Performance Commission says Judge Acker is unfit to serve on the bench after scathing reviews accusing him of being biased, rude, and displaying poor knowledge of the law.

“We take it very seriously,” said Murray Weiner, the chair of the 4th Judicial District Performance Commission.

We asked if it was uncommon for the commission to recommend that a judge not be retained.

“Very rare. We’re talking about a very small percentage,” Weiner said.

To put it in perspective, a poor recommendation has only been given to an El Paso County Judge three times in the past 30 years.

“This is a way of giving them feedback, like a job evaluation,” said Weiner.

But Acker’s evaluation wasn’t so hot. According to documents obtained by KRDO, nearly 40 percent of surveys taken by the list surveyed below disprove of his performance as a judge. That includes attorneys, plaintiffs, defendants, victims, law enforcement, and jurors.

“He is abrasive, he is demeaning, and he is abusive to people in that courtroom,” said an attorney who frequently appeared before Judge Acker, but wanted to remain anonymous out of fear of retaliation.

“We have a great, very well qualified bench in El Paso County, but he is the exception,” the attorney said. “He’s like a bully on a playground.”

Aside from the “bully” nickname, Acker’s critics grilled him the most on three categories: Application and knowledge of the law, demeanor, and fairness.

“He doesn’t really understand the law and doesn’t understand how to apply it. He truly represents the worst of the worst,” said an attorney who wished to remain anonymous.

So you’re probably wondering: how many other people feel this way?

According to the surveys, 90 other attorneys and non-attorneys gave Acker a grade “F” in six of the categories used to evaluate him.

But if you ask Judge Acker, he believes he’s doing just fine.

Acker issued this response to the commission:

“I have been honored to serve as a law and order judge for almost 16 years. I have not been overturned on appeal in a criminal case in well over a decade, which shows I understand the law and follow it. I refuse to legislate from the bench. Following the law does not equate to lacking compassion. My primary concern, however, is about justice for victims while providing a fair courtroom. I incarcerate dangerous drunk/high drivers, and hold accountable probation violators. Almost 2/3 of those who appear in front of me, attorneys and non-attorneys, agree I meet judicial performance standards.”

KRDO reached out to him multiple times so we could share his side of the story, but he declined to go on camera.

Acker isn’t alone. In fact, both criminal defense attorneys and prosecutors support him.

“I do think perhaps he could be gruff,” said Jennifer Howze, an attorney who appeared before him for five months. “However, I don’t think he was rude … he treated everyone fairly. I never found his language to be offensive. We were in there to do a job.”

Criminal defense attorney Josh McDowell agrees, complimenting Acker’s work ethic.

“Judge Acker is extremely consistent and he’s also very businesslike,” said McDowell.

KRDO also spoke with 4th Judicial District Attorney Dan May who thinks highly of Acker.

“Judge Acker got very positive feedback from my attorneys,” said May. “He knows the law and applies the law fairly.”

Acker has served on the bench in El Paso County for 16 years and has been retained 8 times.

While the commission does issue this recommendation, the decision is ultimately up to the people who vote on Election Day.

Acker is one of 128 judges up for retention.