From Fort Carson to the 4th Judicial District, Judge Shakes reflects on career
jerilee bennett, the gazette
At the end of September, Judge David Shakes will take off his judicial robe and a new name plaque will replace the one that has sat untouched in the 4th Judicial District for 22 years.
From presiding over notable cases such as the double homicide at the University of Colorado Colorado Springs to lawsuits over the new Ford Amphitheater, Shakes is leaving behind big shoes to fill with his retirement.
Similar to many in Colorado Springs, Shakes’ 33 years in the military is what led him to the community he has long called home.
In 1979, Shakes was stationed on Fort Carson, where he spent a few years working both sides of the justice system for the Army post, working as a prosecutor for a couple years before switching to defense counsel.
After getting out of the Army, Shakes spent nearly 20 years working in private practice before applying to be a judge. In 2003, Shakes got the call from the governor, going on to spend the next 22 years on the bench.
El Paso County District Judge David L. Shakes looked through files on his desk in the courtroom July 20, 2006.
“I think my time in the Army and growing up in an Army family gave me some sense that I serve the community in some way,” Shakes said. “I spent 20 years in private practice, and I was hoping to do more than just make money. “I really just wanted something more, and that more to me was working in the community.”
A year in Iraq
Along the way, Shakes still remained active in the Army Reserve, ultimately going on to serve one year in Iraq as a rule-of-law adviser for Task Force 134 from January 2007 to February 2008.
According to Shakes, Task Force 134 was primarily focused on detaining and interrogating Iraqi terrorists and insurgents. Additionally, the task force went on to aid the Iraq judicial system in trying the cases, teaching Iraq judges how to ensure justice is served properly and with fairness.
Shakes’ overall assignment was to take a look at the country’s judicial system and provide advice. He worked with the civilian rule-of-law adviser from the U.S. Justice Department and the legal counsel for Gen. David Petraeus. Petraeus, now retired, led the Multinational Force in Iraq during Shakes’ time there.
In addition, Shakes worked extensively with Iraqi leaders at the time, including the chief justice, minister of justice and the chief judge for the central criminal court.
“It was really a culmination of a lot of good military training and judge training,” Shakes said. “I got to put all of that together.”
While in Iraq, Shakes took a military leave of absence from the 4th Judicial District. When he came back, he described his life as “much calmer.” In Iraq, Shakes was accustomed to “hectic” 18-hour days, seven days a week.
Veterans Trauma Court
The soon-to-be-retired judge isn’t just leaving his criminal and civil docket — he is also stepping down from his role as the current judge for Veterans Trauma Court.
The Veterans Trauma Court is a state- and grant-funded program that “provides an alternative to incarceration for U.S. military veterans and active duty military personnel,” according to the its website.
According to Shakes, veterans can be referred to the problem-solving court instead of a typical courtroom if there is a connection between one’s military service and the alleged crime.
“There’s sort of a general connection between military service, particularly combat experience, and committing a crime, and those fall in the areas of gun crimes, substance abuse, domestic violence and assaults,” Shakes said.
Veterans court is not for those who wish to fight their charges, but who want to accept responsibility and get help with the trauma or substance abuse that led them into the criminal justice system.
“If we get the right package together, we really can make a difference,” Shakes said. “We really can focus on rehabilitation if we’ve got everybody at the table — the therapist, probation, the court, court system, defense counsel — working towards what can we do to keep this person out of jail, and what can we do to make the community safer.”
Veterans Trauma Court Judge David Shakes speaks to new graduates of the rehabilitation program at a celebration for the graduation and the five-year anniversary of the existence of the court in 2014.
Taking Shakes’ place as Veterans Trauma Court judge will be District Judge Samuel Evig. In preparation, Evig can sometimes be spotted sitting in on Shakes’ docket to get a feel for how to make a seamless transition.
Evig said the most fulfilling part of his job as a district court judge is when defendants get the help they need to pave a new path forward — which is the basis of all problem-solving courts.
“The old joke is the only two things that happen that are happy at the courthouse are weddings and adoptions. And there’s some truth to them,” Evig said. “But when someone successfully completes a defer or probation judgment, I think that’s one of the better feelings.”
A new face
Shakes’ last day serving as judge is Sept. 30, but he hopes to put off his “official” last day as a judge a few more years. He has applied for the senior judge program for the 4th District and is awaiting acceptance.
Taking over for the courts Division Four is Jennifer A. Viehman, current chief deputy district attorney for the 4th District Attorney’s Office, according to the agency’s website. She has held the position, the third-highest rank in the office, since 2021, handling criminal prosecution cases.
Shakes told The Gazette he wrote a letter of recommendation for Viehman.
In a statement to The Gazette, the District Attorney’s Office expressed gratitude for Viehman’s time with the agency and the legacy she leaves behind.
“Jennifer’s many years of service in the 4th Judicial District Attorney’s Office were spent in the most meaningful ways: pursuing justice for the community members of El Paso and Teller counties, advocating for victims, and holding offenders of the law accountable for the harm they caused,” the statement read.
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