Addison Lloyd Adams

Evaluation history

• 2012 retention cycle

  Trial Court · Arapahoe · Arapahoe

  Meets Standards(Retain)
  VotersRetained· 73.5% yes

  156,927 yes · 56,520 no50% needed to retain
  Retention Year: 2012 Recommendation: Retain Reports: 2012 Retention Survey Report (PDF) 2011 Interim Survey Report (PDF) 2009 Interim Survey Report (PDF) Need an accessible PDF Document version? Please click on the link below and email our staff Contact Us The Eighteenth Judicial District Commission on Judicial Performance by unanimous vote recommends that Judge Addison Lloyd Adams BE RETAINED. Judge Adams received his undergraduate degree from Hampton University in Virginia (1969), a Masters in Public Administration (MPA) degree from the University of Colorado in Boulder (1974), and a Juris Doctor degree from the University of Denver College of Law (1979). Additionally, he earned a Master in Social Work degree from the University of Denver (1993). Judge Adams was a magistrate for Arapahoe County; he worked as a Deputy Public Defender in Denver, Adams, and Arapahoe County; an Assistant Attorney General for the Regulatory Law Agency; and the Director for the Metropolitan State University’s Law Office in the Student Legal Office. He has also engaged in private practice, worked as a clinician, and was a Guardian Ad Litem in Arapahoe County. He was appointed as a judge to the Arapahoe County Court bench by Governor Ritter effective February 2, 2009. Judge Adams’ docket is primarily traffic violations, which includes such charges as DUI, hit and run, driving under restraint, and reckless driving. He is a well-respected judge. He is thoughtful, known to be fair, listens intently, and treats each person with respect and dignity. He runs a highly efficient docket under demanding conditions. Judge Adams is very diligent and takes extra care to make sure that all parties understand the court proceedings, including sentencing. He believes strongly in community service and speaks to groups about life choices. The Commission conducted extensive research in making this recommendation, including a review of the surveys conducted on the judge, interviews with people involved in the courtroom, personal observations in the courtroom, and the judge's self-evaluation. Of all attorneys surveyed about retention, 95% recommended to retain, 2% not to retain, and 2% were undecided or didn’t have enough information to make a recommendation. Of those expressing an opinion to retain or not to retain, 98% recommended to retain and 2% not to retain. Of all non-attorneys surveyed, 90% recommended to retain, 2% not to retain, and 7% were undecided or didn’t have enough information to make a recommendation. Of those expressing an opinion to retain or not to retain, 98% recommended to retain and 2% not to retain. (These percentages may not total 100% due to rounding). The Commission finds that Judge Adams is an excellent judge and will continue to serve the Eighteenth Judicial District with the highest standards.

Surveys & reports

• 2012 cycle
  • 2011 Interim Survey Report(PDF on OJPE)
    Read full interim survey textexpandcollapse

    ## Page 1 State of Colorado Logo COMMISSION ON JUDICIAL PERFORMANCE TThhee HHoonnoorraabbllee AAddddiissoonn AAddaammss 2011 Interim Judicial Performance Survey 18th Judicial District ## Page 2 May 6, 2011 The Honorable Addison Adams Arapahoe County Justice Center 7325 S. Potomac St. Centennial, CO 80112 Dear Judge Adams: I am pleased to make available to you the attached copy of your 2011 Interim Judicial Performance Survey Report. The report is based on two surveys relating to how you are seen carrying out the performance of your office: One of attorneys who have had cases in your court or who are knowledgeable about your judicial performance, second a survey of non-attorneys who have observed your performance in court or who have otherwise been affected by your performance as a judge. In addition to this introduction, the report is divided into five main sections: 1. A brief summary of the results of the two surveys. 2. The numerical results of the survey of attorneys in both tabular and graphical form. In addition to the numerical results, this section also contains comments attorneys made about your judicial performance. In some instances the comments have been redacted to eliminate respondent identifying information. A copy of the attorney questionnaire is included in the final section of this report. 3. The numerical results of the survey of non-attorneys in both tabular and graphical form. In addition to the numerical results, this section also contains comments these respondent made on the subject of your judicial performance. In few instances the comments have been redacted to eliminate respondent identifying information. A copy of the non-attorney questionnaire is included in the final section of this report. 4. The fourth section of the Report discusses the methodology of the surveys. 5. The final section provides copies of the questions or questionnaires that were used for each survey. 100 Arap ahoe, Suite One, Boulder, CO 80302 Phone 303.443.5300 Fax 303.200.7385 ## Page 3 Hon. Addison Adams May 6, 2011 Page 2 If you have any questions about the methodology and how the survey was conducted, please feel free to contact me at 303-443-5300 ext 1 or by email at talmey@talmeyresearch.com (please put the words “Judicial Performance” in the subject line), and for any other questions you might have about the survey please call the Executive Director of the Office of Judicial Performance Evaluation, Jane Howell, at 303-866-6465. Best regards, Paul A. Talmey President enc: ## Page 4 SSuummmmaarryy ooff RReessuullttss bbyy YYeeaarr aanndd JJuurroorr//NNoonn--JJuurroorr On average, county judges received an overall combined average grade in the 2011 Interim Judicial Performance Survey of 3.45--the overall average grade received from attorney respondents, 3.33, to the survey plus the overall average grade received from non-attorney respondents, 3.56, divided by two. Based on an average attorney grade of 3.58, and an average non-attorney grade of 3.75, Judge Addison Adams’s combined grade for the 2011 Interim Judicial Performance Survey of 3.67. Judge Adams Average Grade Combined Attorney Non-attorney Overall Grade 3.67 3.58 3.75 Sample Size - 48 140 Table 1 The results presented in this report are based on data from cases heard and closed by Judge Adams from 2007 through 2010. (See Methodology section for description of sampling process.) Table 2 shows Judge Adams’s overall average grades for each of these years. Judge Adams Average Grades by Year Combined Attorney Non-Attorney Average Average Sample Average Sample Year Score Score Size Score Size 2007 2008 2009 3.63 3.55 20 3.71 76 2010 3.71 3.60 28 3.81 64 Overall 3.67 3.58 48 3.75 140 Table 2 Due to sending questionnaires to all jurors—not just a sample—and their much higher response rate than other non-attorneys surveyed, the percentage of jurors in the county judge sample of the non-attorney survey is 54%. Moreover, jurors tend to grade judges much higher than non-jurors. The juror overall average grade for county judges was 3.83, while the overall average grade awarded by non-jurors was 3.26. The effect of this is that judges with a higher percentage of jurors in their sample tend to have higher average grades in the non-attorney survey than those judges with a small percentage of 1 ## Page 5 jurors. The number of jurors in a judge’s sample is, of course, closely related to the number of jury trials the judge presides over. The table below shows Judge Adams’s non-attorney results broken out by jurors and non-jurors for each year from 2007 to 2010. It also shows the overall average juror and non-juror grades for all county judges. Judge Adams Average Grades by Year Jurors Non-Jurors All County Judges Average Sample Average Sample Juror Non-Juror Year Score Size % Score Size % Average Average 2007 % % 3.82 3.30 2008 % % 3.82 3.26 2009 3.84 32 42% 3.61 44 58% 3.83 3.22 2010 3.90 52 81% 3.43 12 19% 3.85 3.25 All Yrs. 3.87 84 60% 3.57 56 40% 3.83 3.26 Table 3 Table 3 allows one to compare Judge Adams’s juror and non-juror grades with the all county judge averages to better ascertain if the judge is seen as performing relatively well or relatively poorly among these two subgroups. 2 ## Page 6 SSuurrvveeyy ooff AAtoorrnneeyyss RReeggaarrddiinngg JJuuddggee AAdiissoonn AAddaammss ((SSaammppllee SSiizzee 4488)) ## Page 7 Survey of Attorneys Regarding Trial Judges Average Judge Addison Adams All County Sample Size = 48 A B C D Fail DK/NA Addison Adams Judges 1. Case Management: 1a. Promptly issuing a decision on the case after trial. 46% 17% 6% 4% 0% 27% 3.43 3.52 1b. Maintaining appropriate control over proceedings. 71% 17% 8% 2% 2% 0% 3.52 3.44 1c. Promptly ruling on pre-trial motions. 56% 25% 4% 6% 0% 8% 3.43 3.39 1d. Setting reasonable schedules for cases. 65% 21% 6% 2% 0% 6% 3.58 3.39 Overall Case Management 3.49 3.44 2. Application and Knowledge of Law: 2a. Being able to identify and analyze relevant facts. 60% 25% 6% 4% 0% 4% 3.48 3.29 2b. Basing decisions on evidence and arguments. 58% 25% 10% 2% 2% 2% 3.38 3.16 2c. Willing to reconsider error in fact or law. 63% 10% 10% 0% 2% 15% 3.54 3.07 2d. Issuing consistent sentences when the circumstances are 66% 21% 3% 3% 0% 8% 3.63 3.27 similar. Overall Application and Knowledge of Law 3.51 3.20 3. Communications: 3a. Making sure all participants understand the proceedings. 89% 2% 4% 2% 0% 2% 3.83 3.53 3b. Providing written communications that are clear, thorough 51% 17% 4% 0% 2% 26% 3.54 3.30 and well reasoned. Overall Communications 3.69 3.42 4. Demeanor: 4a. Giving proceedings a sense of dignity. 87% 9% 2% 2% 0% 0% 3.81 3.43 4b. Treating parties with respect. 87% 9% 2% 0% 2% 0% 3.79 3.43 4c. Conducting his/her courtroom in a neutral manner. 81% 9% 6% 2% 2% 0% 3.64 3.26 4d. Consistently applying laws and rules. 68% 19% 4% 2% 2% 4% 3.56 3.27 Overall Demeanor 3.70 3.35 5. Diligence: 5a. Using good judgment in application of relevant law and 62% 19% 11% 2% 2% 4% 3.42 3.20 rules. 5b. Doing the necessary homework and being prepared for 64% 19% 4% 0% 2% 11% 3.60 3.28 his/her cases. 5c. Being willing to handle cases on the docket even when 72% 11% 4% 2% 0% 11% 3.71 3.39 they are complicated and time consuming. Overall Diligence 3.58 3.29 Overall Average Grade: 3.58 3.33 2011 Interim Judicial Performance Survey 4 ## Page 8 Survey of Attorneys Regarding Trial Judges Percentage Judge Addison Adams All County Addison Adams Judges Sample Size = 48 Would you say the judge is: Very biased in favor of the prosecution 3% 9% Somewhat biased in favor of the prosecution 8% 28% Completely neutral 78% 50% Somewhat biased in favor of the defense 8% 6% Very biased in favor of the defense 0% 2% Don't know or not sure 3% 5% 8. How strongly do you recommend that the Judge be retained in office, or not be retained in office? [Percentages excluding undecided responses.] Strongly recommend retain 80% 71% Somewhat recommend retain 18% 17% Somewhat recommend not retain 0% 6% Strongly recommend not retain 2% 7% Total Retain 98% 88% Total Not Retain 2% 13% [Percentages including undecided responses.] Strongly recommend retain 76% 68% Somewhat recommend retain 17% 16% Undecided or Don't Know 4% 5% Somewhat recommend not retain 0% 6% Strongly recommend not retain 2% 6% Total Retain 93% 84% Undecided/Don't Know 4% 5% Total Not Retain 2% 12% 2011 Interim Judicial Performance Survey 5 ## Page 9 Judge Addison Adams Survey of Attorneys Regarding Trial Judges Average Grades 3.58 Overall Average Grade 3.33 Q1. Overall Case Management 3.49 3.44 1a. Promptly issuing a decision on the 3.43 case after trial. 3.52 1b. Maintainingappropriate control over 3.52 proceedings. 3.44 3.43 1c. Promptlyruling on pre-trial motions. 3.39 1d.Setting reasonable schedules for cases. 3.58 3.39 3.51 Q2. OverallApp & Knowledge of Law 3.20 2a. Beingable to identify and analyze 3.48 relevant facts. 3.29 2b.Basing decisions on evidence and argument. 3.38 3.16 3.54 2c. Willing to reconsider error in fact or law. 3.07 2d. [Criminal only] Issuing consistant sentences 3.63 whencircumstances are simmilar. 3.27 3.69 Q3. Overall Communication 3.42 3a.Making sure all participants understand 3.83 the proceedings. 3.53 3b. Providing written communications that are 3.54 clear, thorough and well reasoned. 3.30 2.0 2.5 3.0 3.5 4.0 Addison Adams All County Judges Judge Addison Adams 6 2011 Interim Judicial Performance Survey ## Page 10 Judge Addison Adams Survey of Attorneys Regarding Trial Judges Average Grades 3.70 Q4. Overall Demeanor 3.35 3.81 4a. Giving proceedingsa sense of dignity. 3.43 3.79 4b. Treating participants with respect. 3.43 4c. Conducting [his/her] courtroom 3.64 in a neutral manner. 3.26 3.56 4d. Consistanly applyinglaws and rules. 3.27 3.58 Q5. Overall Diligence 3.29 5a. Using good judgement in application of 3.42 releveant laws and rules. 3.20 5b. Doing the necessary 'homework' and 3.60 being prepared for [his/her] cases. 3.28 5c. Being willing to handle cases on the docket even 3.71 when they are complicated and time consuming. 3.39 2.0 2.5 3.0 3.5 4.0 Biased in favor of prosecution/defense. 3% Very biased in favor of the prosecution 9% 8% Somewhat biased in favor of the prosecution 28% 78% Completely Neutral 50% 8% Somewhat biased in favor of the defense 6% 0% Very biased in favor of the defense 2% 3% Don't know/not sure 5% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% Addison Adams All County Judges 7 2011 Interim Judicial Performance Survey ## Page 11 Judge Addison Adams Survey of Attorneys Regarding Trial Judges Q8. How strongly do you recommend that Judge Adams be retained or not retained in office? Excluding Undecided Respondents 80% Strongly recommend retain 71% 18% Somewhat recommend retain 17% All Cnty Judge Adams Judges 0% Total Retain 98% 88% Somewhat recommend not retain Total Not Retain 2% 13% 6% 2% Strongly recommend not retain 7% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Including Undecided Respondents 76% Strongly recommend retain 68% 17% Somewhat recommend retain 16% All Cnty 4% Judge Adams Judges Undecided or DK 5% Total Retain 93% 84% Undecided or DK 4% 5% 0% Somewhat recommend not retain Total Not Retain 2% 12% 6% 2% Strongly recommend not retain 6% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Addison Adams All County Judges 8 2011 Interim Judicial Performance Survey ## Page 12 SSuurrvveeyy ooff NNoonn--AAtoorrnneeyyss RReeggaarrddiinngg JJuuddggee AAdiissoonn AAddaammss ((SSaammppllee SSiizzee 114400)) ## Page 13 Survey of Non-Attorneys Regarding Trial Judges Average Judge Addison Adams All County Sample Size = 140 A B C D Fail DK/NA Addison Adams Judges 1. Demeanor: 1a. Giving court proceedings a sense of dignity. 89% 6% 4% 1% 0% 0% 3.84 3.59 1b. Treating participants in the case politely and with respect. 91% 5% 3% 0% 1% 0% 3.86 3.61 1c. Conducting court in a neutral manner. 87% 7% 4% 1% 1% 0% 3.79 3.55 1d. Having a sense of compassion and human understanding 81% 11% 5% 0% 3% 1% 3.68 3.47 for those who appear before the court. Overall Demeanor 3.79 3.56 2. Fairness: 2a. Giving participants an opportunity to be heard. 82% 13% 4% 1% 0% 1% 3.78 3.59 2b. Treating those involved in the case without bias. 78% 12% 6% 1% 1% 1% 3.69 3.52 2c. Treating fairly people who represent themselves. 57% 8% 4% 0% 0% 31% 3.76 3.51 2d. Giving each side enough time to present his or her case. 80% 9% 7% 0% 1% 3% 3.74 3.59 Overall Fairness 3.74 3.55 3. Communications: 3a. Making sure participants understand the proceedings, and 86% 9% 4% 0% 1% 0% 3.79 3.64 what is going on in the courtroom. 3b. Using language that everyone can understand. 89% 6% 4% 0% 1% 0% 3.83 3.66 3c. Speaking clearly so everyone in the courtroom can hear 87% 9% 2% 1% 1% 0% 3.81 3.69 what is being said. Overall Communications 3.81 3.66 4. Diligence: 4a. Beginning court on time 79% 11% 6% 1% 1% 1% 3.67 3.45 4b. Maintaining appropriate control over proceedings. 86% 8% 4% 0% 1% 1% 3.80 3.67 4c. Setting reasonable schedules for cases. 77% 8% 4% 1% 2% 8% 3.70 3.56 4d. Being prepared for cases. 80% 9% 4% 1% 2% 4% 3.69 3.61 4e. Managing court proceedings so that there is little wasted 73% 12% 9% 2% 1% 1% 3.56 3.50 time. Overall Diligence 3.68 3.56 5. Application of Law: 5a. Giving reasons for rulings. 79% 13% 4% 1% 0% 4% 3.77 3.50 5b. Willing to make decisions without regard to possible 73% 9% 4% 1% 1% 14% 3.76 3.52 outside pressure. 5c. Being able to identify and analyze relevant facts. 79% 11% 3% 1% 1% 5% 3.75 3.50 Overall Application of Law 3.76 3.51 Overall Average Grade: 3.75 3.56 2011 Interim Judicial Performance Survey 10 ## Page 14 Survey of Non-Attorneys Regarding Trial Judges Percentage Judge Addison Adams All County Addison Adams Judges Sample Size = 140 6. How biased do you think the Judge is toward the defense or prosecution? [Please see the questionnaire at the end of report for question wording.] Biased in favor of the prosecution total 10% 12% Competely neutral 84% 81% Biased in favor of the defense total 6% 7% [A positive average indicates bias toward prosecution, and a Average 0.06 0.12 negative average indicates a bias toward the defense.] 7. How lenient or harsh do you think the sentences generally handed down by Judge are? [Please see the questionnaire at the end of report for question wording.] Harsh sentencing total 13% 12% Competely neutral 80% 77% Lenient sentencing total 7% 11% [A positive average indicates sentences are harsh, and a Average 0.18 0.06 negative average indicates sentences are lenient.] 10. How strongly do you recommend that the Judge be retained or not retained in office? [Percentages excluding undecided responses.] Strongly recommend retain 90% 84% Somewhat recommend retain 8% 8% Somewhat recommend not retain 1% 2% Strongly recommend not retain 1% 6% Total Retain 98% 92% Total Not Retain 2% 8% [Percentages including undecided responses.] Strongly recommend retain 83% 77% Somewhat recommend retain 8% 8% Undecided or Don't Know 8% 8% Somewhat recommend not retain 1% 2% Strongly recommend not retain 1% 5% Total Retain 91% 85% Undecided/Don't Know 8% 8% Total Not Retain 2% 7% 2011 Interim Judicial Performance Survey 11 ## Page 15 Judge Addison Adams Survey of Non-Attorneys Regarding Trial Judges Average Grades 3.75 Overall Average Grade 3.56 3.79 Q1. Overall Demeanor 3.56 3.84 1a. Giving proceedings a sense of dignity. 3.59 1b. Treating participants politely and with respect. 3.86 3.61 1c. Conducting the courtroom in a neutral 3.79 manner. 3.55 1d. Having a sense of compassion and human 3.68 understanding for those who appear before the judge. 3.47 3.74 Q2. Overall Fairness 3.55 2a. Giving participants an opportunity to be 3.78 heard. 3.59 2b. Treating those involved in the 3.69 case without bias. 3.52 2c. Treats people fairly who represent 3.76 themselves. 3.51 2d. Giving each side enough time to present his 3.74 or her case. 3.59 3.81 Q3. Overall Communtications 3.66 3a. Making sure participants understand the 3.79 proceedings, and what's going on in the courtroom. 3.64 3b. Using language that everyone can 3.83 understand. 3.66 3c. Speaking clearly so everyone in the courtroom 3.81 can hear what's being said. 3.69 2.0 2.5 3.0 3.5 4.0 Addison Adams All County Judges Judge Addison Adams 12 2011 Interim Judicial Performance Survey ## Page 16 Judge Addison Adams Survey of Non-Attorneys Regarding Trial Judges Average Grades 3.68 Q4. Overall Diligence 3.56 3.67 4a. Beginning court on time. 3.45 4b. Maintaining appropriate control over 3.80 proceedings. 3.67 4c. Setting reasonable schedules for cases. 3.70 3.56 4d. Being prepared for his or her cases. 3.69 3.61 4e. Managing court proceedings so that there is 3.56 little wasted time. 3.50 3.76 Q5. Overall Legal Ability 3.51 5a. Giving reasons for rulings. 3.77 3.50 5b. Willing to make decision without regard to 3.76 possible outside pressure. 3.52 5c. Being able to identify and analyze 3.75 relevant facts. 3.50 2.0 2.5 3.0 3.5 4.0 Q6 Biased in favor of prosecution/defense. 0.06 Addison Adams 0.12 All County Judges -5 -4 -3 -2 -1 0 1 2 3 4 5   Defense Prosecution Q7 Lenience or Harshness in Sentencing. 0.18 Addison Adams 0.06 All County Judges -5 -4 -3 -2 -1 0 1 2 3 4 5   Lenient Harsh Addison Adams All County Judges 13 2011 Interim Judicial Performance Survey ## Page 17 Addison Adams All County Judges Judge Addison Adams Survey of Non-Attorneys Regarding Trial Judges Q10. How strongly do you recommend that Judge Adams be retained or not retained in office? Excluding Undecided Respondents 90% Strongly recommend retain in office 84% 8% Somewhat recommend retain in office 8% All Cnty Judge Adams Judges Total Retain 98% 92% 1% Somewhat recommend not retain in office Total Not Retain 2% 8% 2% 1% Strongly recommend not retain in office 6% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Including Undecided Respondents 83% Strongly recommend retain in office 77% 8% Somewhat recommend retain in office 8% 8% All Cnty Undecided 8% Judge Adams Judges Total Retain 91% 85% 1% Undecided 8% 8% Somewhat recommend not retain in office 2% Total Not Retain 2% 7% 1% Strongly recommend not retain in office 5% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Addison Adams All County Judges 14 2011 Interim Judicial Performance Survey ## Page 18 MMeetthhooddoollooggyy ## Page 19 MMeetthhooddoollooggyy The results shown in the 2011 Interim Judicial Performance Survey Report are based on two surveys: The Survey of Attorneys Regarding Trial Judges, and the Survey of Non- Attorneys Regarding Trial Judges. Below is a description of the methodology used in the two surveys. I Attorneys Regarding Trial Judges a. Sample: Talmey-Drake Research & Strategy received case data with the names of people who had likely been in each judge’s courtroom from five primary sources: Colorado Judicial Department Colorado District Attorneys’ Council Denver County Courts District Attorney’s Office, Second Judicial District (Denver) District Attorney’s Office, Ninth Judicial District Additional information was provided by the State Public Defender’s Office and the courts in the 1st and 18th Judicial Districts. The data from these different data sources are combined, duplicates removed and addresses corrected. i. Prior to 2009, the survey of Attorneys Regarding Trial Judges was conducted using paper questionnaires mailed to the attorneys’ offices. A sample of attorneys drawn from the case data were assigned to evaluate judges subject to the following rules applied in the order shown. 1. No attorney would be asked to evaluate the same judge in a 24-month period. 2. If an attorney was eligible to evaluate both a trial judge and an appellate judge, the attorney was assigned to evaluate the appellate judge. 3. If there were several judges the attorney could potentially evaluate, the attorney was assigned the judge with whom he or she had had the most cases during the sampling time frame, or the judge with the smallest sample in order to even out sample sizes among judges. Attorneys were mailed a questionnaire, and if they did not respond they were sent a reminder postcard followed by a second questionnaire and in some cases a second reminder postcard. Questionnaires were barcoded, and if an attorney mailed back two questionnaires, the second one was deleted from the data file. Attorneys who did not complete the survey after the second request were then telephoned and asked to complete the survey by phone. 16 ## Page 20 ii. In 2009 the Attorneys Regarding Trial Judges Survey moved from being a paper survey mailed to potential respondents to an online survey. Moving the survey to online permitted asking individual attorneys to evaluate up to five trial judges, and with the exception of the effects of the modified assignment rules 1 through 3 below, it became a survey of all attorneys who had cases before trial judges. Allowing an attorney to evaluate up to five judges, entailed slightly modifying the assignment rules: 1. No attorney would be asked to evaluate the same justice or judge in a 24-month period. 2. If an attorney was eligible to evaluate both a trial judge and an appellate judge, the attorney was assigned to evaluate the appellate judge. 3. If there were more than five judges who could be assigned to the attorney, the attorney was assigned the judges with whom he or she had had the most cases during the sampling time frame, or the judges with the smallest samples in order to even out sample sizes among judges. Attorneys were first mailed a letter about the online survey to let them know that they would soon receive an email with a link to the survey. The Web address of the survey and a password were included in the letter if the attorney wanted to complete the survey immediately. A week after the first email was sent, a follow-up email was sent. Potential respondents who did not complete the survey after the second email were then telephoned and asked to either complete the survey then by phone, or to please complete it online. iii. In 2010, and going forward, rule #2 above was changed so that an attorney could be asked to evaluate a combination of up to seven trial judges or Court of Appeals judges, if the attorney had had a case before the COA. Attorneys who had cases before the both the Supreme Court and trial judges during the sample time frame were asked to evaluate all seven Supreme Court justices, and not asked to evaluate the trial judges. The results shown in the 2011 Interim Judicial Performance Survey Report for the Attorneys Regarding Trial Judges survey are based on the combined survey results collected from January 2005 through March 30, 20111 for those questions that have been consistently asked during that time period. Since 2010, the Judicial Performance Survey reports have been based on a moving average, or rolling sample, of survey results collected over a period of time equal to the justice’s or judge’s term of office: ten years for a Supreme Court justice, eight years for a COA judge, six years for a district judge and four years for a county judge. To use a district judge as an example: as survey data is collected it is pooled together for six years. After six years, as new data is added to the judge’s survey results in the first quarter of the seventh year, the oldest quarter of data in the pool is deleted. The current data for all judges only goes back as far as 2005—or the year the judge took the bench—therefore the rolling of the survey results only affects the county judge sample in the 2011 Interim reports. 1 The State Commission on Judicial Performance authorized continuous surveying in 2007. Prior to 2007 data was only collected in the odd numbered years before the retention reports were issued. Therefore, while data was gathered in 2005 and 2007 through the 1st quarter of 2011, and used in this report, there was no data collected in 2006. 17 ## Page 21 b. Questions: The survey questions asked respondents to use a grade of A, B, C, D, or F to assess the justice or judge's performance on twelve aspects of judicial performance. (See Questionnaire section.) These grades were then converted to a numerical scores where A = 4, B = 3, C = 2, D = 1 and Fail = 0. The A through F scale was chosen because it is almost universally recognized and understood. This makes it easy for respondents to complete their questionnaire, and for the public to interpret the results. Respondents were also asked if they considered the judge biased toward the defense or prosecution in criminal cases. In a final question, respondents were asked to indicate how strongly they would recommend that the justice or judge be retained or not retained in office. c. Comments: In addition to the A through F questions, respondents were also asked what they considered to be the judge’s strengths and what they considered to be the judge’s weaknesses. By statute these comments are confidential and only provided to the judge and the District Commission on Judicial Performance. They are not released to the public when the rest of the report is released. Before being given to the judge and the Commission, an attempt is made to redact all respondent identifying information from the comments. Since 2005 there have been changes to the number of comment questions asked, though the strengths and weaknesses questions have been posed in every survey. The number to the left of each comment refers to the same attorney respondent in both the strengths section and the weaknesses section. Most spelling and typographical errors have been fixed, but where the respondent entered a comment in all upper or all lower case, or without punctuation, the comment was not corrected. d. Analysis: The Attorneys Regarding Trial Judges section first shows a table of the percentage distribution for each of the A through F questions, including “don’t know” responses. The next column to the right shows the judge’s average grade for each question. For comparison purposes, averages were also computed for all district judges and are shown in the furthest right column on the page. Tables showing the percentage distribution for all questions for all district judges are located at the end of this methodology section. The overall question averages are calculated by adding up the averages for each question and dividing by the number of questions. 18 ## Page 22 The next table shows the percentage distribution of the responses to the question about recommending retention. The first column of percentages is for the report-judge and the second column displays the percentages for all district judges. The percentages are shown both including and excluding “don’t know/undecided” responses. The next page displays the question averages in horizontal bar-graph form. The percentage distribution to the retention question is then presented in the graph on the next page. The third part of the Attorneys Regarding Trial Judges section of the report lists the comments the attorney made about the judge’s strengths and weaknesses. e. Cooperation Rate: The overall response rate for the Attorneys Regarding Trial Judges Survey is calculated as the number of completed survey-evaluations (the number of judges an attorney chose to evaluate) divided by the number of possible evaluations (the number of judges the attorney could have evaluated) resulting in an overall response rate of 43.3% for district judges and 33.4% for county judges. An equivalent response rate for an individual judge is computed as the number of completed survey-evaluations for that judge divided by the number of possible evaluations that could have been completed for the judge. Since 2009 attorneys have generally been asked to evaluate multiple judges per survey cycle, which affects the way cooperation rates are calculated and results in what appear to be lower overall cooperation rates. However, comparing the percentage of unique attorneys who responded to the mail surveys conducted from 2005 to 2008 to the percentage of unique attorneys who responded to the online surveys conducted from 2009 to the first quarter of 2011 yields very similar percentages. From 2005 to 2008 6,347 unique attorneys were asked to participate in the Judicial Performance mail surveys. Four thousand three (3,984), or 62.8%, responded with a completed questionnaire. Similarly, from 2009 through the first quarter 2011 Talmey-Drake asked 7,589 unique attorneys to participate in the Judicial Performance online survey, of which an almost identical percentage, 62.9% (4,777 attorneys) responded with one or more completed survey-evaluations of a judge. On average each attorney responding to the online survey request evaluated 3.7 judges. 2 2 Because Talmey-Drake deletes survey results associated with judges who are no longer on the bench, the counts used in this paragraph refer only to data collected regarding trial judges who are active at this writing. 19 ## Page 23 II Non-Attorneys Regarding Trial Judges a. Sample: Talmey-Drake Research & Strategy received case data with the names of non-attorneys who had likely been in each judge’s courtroom from five primary sources: Colorado Judicial Department Colorado District Attorneys’ Council Denver County Courts District Attorney’s Office, Second Judicial District (Denver) District Attorney’s Office, Ninth Judicial District The data from these different data sources are combined, duplicates removed and addresses corrected. Depending on the number of names available to be sampled for each judge, a random sample was drawn if the quantity of potential respondents was large. On the other hand, if the count of possible respondents was small, all potential respondents were included in the sample. Where a person had been in more than one judge’s courtroom, the selection criteria for which judge he or she would be sent a questionnaire was generally for the judge in whose courtroom the potential respondent had been in most often. Each person whose name was sampled for the Non-Attorney Survey was mailed an initial postcard informing the recipient that he or she would be receiving a questionnaire. Two to three weeks after the post card was mailed, the potential respondent was sent a personalized introductory letter and a questionnaire with a postage-paid return envelope. If the person did not respond, a second questionnaire and letter were sent approximately four weeks later. Questionnaires are barcoded, and if a respondent mailed back two questionnaires, the second one was deleted from the data file. Since in 2010, non-attorney section of the Judicial Performance Survey reports have been based on a moving average, or rolling sample, of survey results collected over a period of time equal to the judge’s term of office: six years for a district judge and four years for a county judge. To use a district judge as an example: as survey data is collected it is pooled together for six years. After six years, as new data is added to the judge’s survey results in the first quarter of the seventh year, the oldest quarter of data in the pool is deleted. The current data for all judges only goes back as far as 2005—or the year the judge took the bench—therefore the rolling of the survey results only affects the county judge sample in the 2011 Interim reports. 3 3 The State Commission on Judicial Performance authorized continuous surveying in 2007. Prior to 2007 data was only collected in the odd numbered years before the retention reports were issued. Therefore, while data was gathered in 2005 and 2007 through the 1st quarter of 2011, and used in this report, there was no data collected in 2006. 20 ## Page 24 b. Questions: The survey questions asked respondents to use a grade of A, B, C, D, or F to assess the justice or judge's performance on twelve aspects of judicial performance (See Questionnaire section.) These grades were then converted to a numerical scores where A = 4, B = 3, C = 2, D = 1 and Fail = 0. The A through F scale was chosen because it is almost universally recognized and understood. This makes it easy for respondents to complete their questionnaire, and for the public to interpret the results. Respondents were also asked if they considered the judge biased toward the defense or prosecution in criminal cases. In a final question, respondents were asked to indicate how strongly they would recommend that the justice or judge be retained or not retained in office. A copy of the questionnaire is included in the last section of this report. c. Analysis: The Non-Attorneys Regarding Trial Judges section first shows a table of the percentage distribution for each of the A through F questions, including “don’t know” responses. The next column to the right shows the judge’s average grade for each question. For comparison purposes, averages were also computed for all district judges and are shown in the furthest right column on the page. Tables showing the percentage distribution for all questions for all district judges are located at the end of this methodology section. The overall question averages are calculated by adding up the averages for each question and dividing by the number of questions. The next table shows the percentage distribution of the responses to the questions about prosecution or defense bias and recommending retention. The first column of percentages is for the report-judge and the second column displays the percentages for all district judges. The percentages for the retention question are shown including and excluding “don’t know/undecided” responses. The next page displays the question averages in horizontal bar-graph form. The percentage distribution of the prosecution-defense bias and retention questions are then presented in the graph on the next page. The third part of the Non-Attorneys Regarding Trial Judges section of the report lists the comments the attorney made about the judge’s strengths and weaknesses. d. Comments: In addition to the A through F questions, non-attorney respondents were asked what they considered to be the judge’s strengths and what they considered to be the judge’s weaknesses. By statute these comments are confidential and only provided to the judge and the District Commission on Judicial Performance. They are not released to the public when the rest of the report is released. Before being given to the judge and the 21 ## Page 25 Commission, an attempt is made to redact all respondent identifying information from the comments. Since 2005 there have been changes to the number of comment questions asked, though the strengths and weaknesses questions have been posed in every survey. The number to the left of each comment refers to the same attorney respondent in both the strengths section and the weaknesses section. e. Cooperation Rate: The estimated cooperation rate for the Non-attorney Survey is calculated as the number of completed questionnaires divided by the number of eligible respondents who actually received a questionnaire. The following table shows the total number of questionnaires mailed, completed, non-responses and refusals, undeliverables and other responses. The table presents the estimated overall cooperation rate as well as the cooperation rate by the different types of respondents. The true cooperation rates are likely higher than shown because of the percentage of people who were mailed questionnaires about judges who they had not observed. This is due, in part, to many cases being disposed of without the parties having appeared in court, as well as in the case of law enforcement, the data includes all those who were subpoenaed for a case, not just those who appeared. A table of the response counts by respondent type for Judge Adams is shown below, and on the next page is a table of the overall cooperation rates for both the attorney and non-attorney regarding trial judges surveys for all district judges. 22 ## Page 26 Judge Addison Adams Judge Response Counts by Type of Respondent Total No Undeliverable/ Other Non- Coop Role Type Sent Response Not Applicable Responses Completes Rate Attorneys Criminal District Attorneys 23 13 0 0 10 43.5% Defense Attorneys 151 116 0 0 35 23.2% Civil Attorneys for Litigants 1 1 0 0 0 0.0% Other Attorneys Civil 5 2 0 0 3 60.0% Total Attorneys 180 132 0 0 48 26.7% Non-attorneys Criminal Witness 25 18 3 1 3 13.6% Law Enforcement 2 1 0 0 1 50.0% Defendant 286 154 98 3 30 16.0% Civil Litigant 147 80 49 3 15 15.3% Witness 45 33 7 1 4 10.5% Other 1 0 1 0 0 0.0% Jurors 178 81 10 2 84 50.0% Employees 6 2 1 0 3 60.0% Total Non-attorneys 690 369 169 10 140 26.9% Grand Total: 870 501 169 10 188 26.8% 2011 Interim Judicial Performance Survey 23 ## Page 27 Total Response Counts by Type of Respondent for All County Judges Total No Undeliverable/ Other Non- Completes Cooperation Sent Response Not Applicable Responses Rate Attorneys Criminal District Attorneys 4156 2811 74 4 1267 31.0% Defense Attorneys 17291 11594 196 12 5489 32.1% Other Attorneys Criminal 160 82 25 0 53 39.3% Civil Attorneys for Litigants 2387 1332 95 5 955 41.7% Other Attorneys Civil 2728 1654 69 1 1004 37.8% GAL 2 0 0 0 2 100.0% Attorneys, Unknown Role Type 50 17 13 1 19 51.4% Total Attorneys 26774 17490 472 23 8789 33.4% Non-attorneys Criminal Victim 687 473 180 14 20 3.9% Witness 5666 3174 1559 223 709 17.3% Other 3497 2198 941 46 312 12.2% Law Enforcement 10881 6925 1772 150 2030 22.3% Defendant 45129 24420 16000 487 4214 14.5% Civil Litigant 12946 6956 3594 202 2193 23.4% Witness 1892 1039 433 35 383 26.3% Other 110 64 27 2 17 20.5% Jurors 25631 11551 1871 542 11609 48.9% Employees 403 132 59 43 169 49.1% Total Non-attorneys 106842 56932 26436 1744 21656 26.9% Grand Total: 133616 74422 26908 1767 30445 28.5% 2011 Interim Judicial Performance Survey 24 ## Page 28 Projectability Most surveys seen by the public are surveys that are intended to be projectable, that is the results from the sample of people surveyed can be used to estimate a percentage or value of the population sampled with a known probability of error. For example, a pre- election poll of 500 likely Colorado voters is used to estimate the percentage of voters who will vote for Candidate A versus Candidate B on election day, plus or minus some number of percentage points. The plus or minus amount is usually what is known as the 95%-confidence interval (the known probability of error), or what the media often refers to as the margin-of-error. Neither of the two surveys that make up this report, Attorneys Regarding Trial Judges and the Non-Attorneys Regarding Trial Judges, are projectable with a known probability of error because the results are calculated from a self-selecting sample that is self-selecting based on the content and subject matter of the survey. In other words, the potential respondent knows the purpose and content of the survey, and based on that, decides whether to respond to the survey. While projectability within a known probability of error is a highly desirable attribute of a survey, it is often not feasible to achieve. Commercial market research often uses nonprojectable (and small) samples-the most well known of which are for focus groups. Moreover, the federal courts have long accepted, and do not expect, projectable samples for market confusion surveys used in trademark litigation. In other words, one can still use the results of the Judicial Performance Evaluation Survey to estimate how everyone who has observed a justice or judge in the courtroom would grade him or her, just not with a known probability of error. The Judicial Performance Evaluation Survey is a valuable means, perhaps the only practical means, for the Judicial Performance Commissions to have a summary of structured interviews with a number of people who have courtroom familiarity with the judge being evaluated, and who most often—albeit not always—are responding out of a desire to improve the performance of our state's judicial system. 25 ## Page 29 Survey of Attorneys Regarding Trial Judges All County Judges Average Sample Size = 8789 A B C D Fail DK/NA Grade 1. Case Management: 1a.Promptly issuing a decision on the case after trial. 50% 18% 6% 1% 1% 24% 3.52 1b.Maintaining appropriate control over proceedings. 62% 24% 9% 3% 1% 1% 3.44 1c.Promptly ruling on pre-trial motions. 47% 21% 7% 2% 1% 21% 3.39 1d.Setting reasonable schedules for cases. 57% 24% 9% 3% 2% 6% 3.39 Overall Case Management 3.44 2. Application and Knowledge of Law: 2a.Being able to identify and analyze relevant facts. 54% 25% 10% 4% 3% 3% 3.29 2b.Basing decisions on evidence and arguments. 49% 23% 12% 6% 4% 7% 3.16 2c.Willing to reconsider error in fact or law. 40% 18% 10% 6% 4% 22% 3.07 2d.Issuing consistent sentences when the circumstances are 48% 23% 9% 4% 3% 14% 3.27 similar. Overall Application and Knowledge of Law 3.20 3. Communications: 3a.Making sure all participants understand the proceedings. 66% 22% 7% 2% 1% 2% 3.53 3b.Providing written communications that are clear, thorough 41% 18% 8% 3% 2% 28% 3.30 and well reasoned. Overall Communications 3.42 4. Demeanor: 4a. Giving proceedings a sense of dignity. 64% 21% 8% 3% 2% 1% 3.43 4b. Treating parties with respect. 67% 18% 8% 4% 3% 1% 3.43 4c. Conducting his/her courtroom in a neutral manner. 59% 20% 10% 6% 4% 1% 3.26 4d. Consistently applying laws and rules. 55% 22% 9% 5% 3% 5% 3.27 Overall Demeanor 3.35 5. Diligence: 5a.Using good judgment in application of relevant law and 52% 24% 11% 5% 4% 3% 3.20 rules. 5b.Doing the necessary homework and being prepared for 51% 23% 9% 4% 3% 10% 3.28 his/her cases. 5c.Being willing to handle cases on the docket even when 52% 18% 7% 3% 2% 18% 3.39 they are complicated and time consuming. Overall Diligence 3.29 Overall Average Grade: 3.33 2011 Interim Judicial Performance Survey 26 ## Page 30 Survey of Attorneys Regarding Trial Judges Average All County Judges Grade Sample Size = 8789 Would you say the judge is: Very biased in favor of the prosecution 9% Somewhat biased in favor of the prosecution 28% Completely neutral 50% Somewhat biased in favor of the defense 6% Very biased in favor of the defense 2% Don't know or not sure 5% 8. How strongly do you recommend that the Judge be retained in office, or not be retained in office? [Percentages excluding undecided responses.] Strongly recommend retain 71% Somewhat recommend retain 17% Somewhat recommend not retain 6% Strongly recommend not retain 7% Total Retain 88% Total Not Retain 13% [Percentages including undecided responses.] Strongly recommend retain 68% Somewhat recommend retain 16% Undecided or Don't Know 5% Somewhat recommend not retain 6% Strongly recommend not retain 6% Total Retain 84% Undecided/Don't Know 5% Total Not Retain 12% 2011 Interim Judicial Performance Survey 27 ## Page 31 Survey of Non-Attorneys Regarding Trial Judges All County Judges Average Sample Size = 21656 A B C D Fail DK/NA Grade 1. Demeanor: 1a.Giving court proceedings a sense of dignity. 72% 18% 5% 2% 2% 1% 3.59 1b.Treating participants in the case politely and with respect. 76% 15% 4% 2% 3% 1% 3.61 1c.Conducting court in a neutral manner. 74% 15% 5% 2% 3% 1% 3.55 1d.Having a sense of compassion and human understanding 68% 18% 5% 3% 4% 2% 3.47 for those who appear before the court. Overall Demeanor 3.56 2. Fairness: 2a.Giving participants an opportunity to be heard. 75% 15% 4% 2% 3% 1% 3.59 2b.Treating those involved in the case without bias. 73% 14% 4% 3% 4% 2% 3.52 2c.Treating fairly people who represent themselves. 52% 10% 3% 2% 3% 29% 3.51 2d.Giving each side enough time to present his or her case. 72% 14% 4% 2% 3% 5% 3.59 Overall Fairness 3.55 3. Communications: 3a.Making sure participants understand the proceedings, and 76% 14% 5% 2% 2% 1% 3.64 what is going on in the courtroom. 3b.Using language that everyone can understand. 76% 16% 4% 1% 1% 1% 3.66 3c.Speaking clearly so everyone in the courtroom can hear 79% 14% 4% 1% 1% 1% 3.69 what is being said. Overall Communications 3.66 4. Diligence: 4a.Beginning court on time 64% 21% 7% 3% 3% 3% 3.45 4b.Maintaining appropriate control over proceedings. 77% 15% 4% 1% 1% 1% 3.67 4c.Setting reasonable schedules for cases. 63% 16% 5% 2% 2% 13% 3.56 4d.Being prepared for cases. 71% 15% 4% 2% 2% 7% 3.61 4e.Managing court proceedings so that there is little wasted 67% 20% 6% 2% 2% 2% 3.50 time. Overall Diligence 3.56 5. Application of Law: 5a.Giving reasons for rulings. 65% 16% 5% 2% 3% 8% 3.50 5b.Willing to make decisions without regard to possible 60% 12% 4% 2% 3% 19% 3.52 outside pressure. 5c.Being able to identify and analyze relevant facts. 67% 14% 4% 2% 4% 8% 3.50 Overall Application of Law 3.51 Overall Average Grade: 3.56 2011 Interim Judicial Performance Survey ## Page 32 Survey of Non-Attorneys Regarding Trial Judges Average All County Judges Grade Sample Size = 21656 6. How biased do you think the Judge is toward the defense or prosecution? [Please see the questionnaire at the end of report for question wording.] Biased in favor of the prosecution total 12% Competely neutral 81% Biased in favor of the defense total 7% Average 0.12 7. How lenient or harsh do you think the sentences generally handed down by Judge are? [Please see the questionnaire at the end of report for question wording.] Harsh sentencing total 12% Competely neutral 77% Lenient sentencing total 11% Average 0.06 2011 Interim Judicial Performance Survey ## Page 33 QQuueessttiioonnnnaaiirreess ## Page 34 Colorado Judicial Performance Attorneys Regarding Trial Judges Survey Questions _ Which of the following types of cases have you observed Judge (Last Name)’s performance? Please circle all that apply. (Only respondents who indicate they have observed the judge in “criminal other than traffic” cases will be asked question 2c and question 6.) Civil . 1 Criminal other than traffic . 2 Traffic . 3 Domestic . 4 Juvenile . 5 Probate . 6 Other . 9 1. Case Management: a. Promptly issuing a decision on the case after trial. A B C D F DK/NS b. Maintaining appropriate control over proceedings. A B C D F DK/NS c. Promptly ruling on pre-trial motions. A B C D F DK/NS d. Setting reasonable schedules for cases. A B C D F DK/NS 2. Application and Knowledge of Law: a. Being able to identify and analyze relevant facts. A B C D F DK/NS b. Basing decisions on evidence and arguments. A B C D F DK/NS c. Willing to reconsider error in fact or law. A B C D F DK/NS d. [Criminal only] Issuing consistent sentences when the circumstances are similar. A B C D F DK/NS 3. Communications: a. Makings sure all participants understand the proceedings. A B C D F DK/NS b. Providing written communications that are clear, thorough and well reasoned. A B C D F DK/NS 4. Demeanor: a. Giving proceedings a sense of dignity. A B C D F DK/NS b. Treating participants with respect. A B C D F DK/NS c. Conducting his/her courtroom in a neutral manner. A B C D F DK/NS d. Consistently applying laws and rules. A B C D F DK/NS 5. Diligence: a. Using good judgment in application of relevant law and rules. A B C D F DK/NS b. Doing the necessary “homework” and being prepared for his/her cases. A B C D F DK/NS c. Being willing to handle cases on the docket even when they are complicated and time consuming. A B C D F DK/NS 1 ## Page 35 Having observed Judge (Last Name) in a criminal case, would you say the judge is: (This question is asked only if respondent indicated at the beginning of the survey he/she observed the judge in a criminal case.) Very biased in favor of the prosecution . 1 Somewhat biased in favor of the prosecution . 2 Completely Neutral . 3 Somewhat biased in favor of the defense . 4 Very biased in favor of the defense . 5 Don’t Know/Not Sure . 9 6. What would you say are Judge (Last Name)’s strengths? _ _ _ 7. What would you say are Judge (Last Name)’s weaknesses? _ _ _ 8. Keeping in mind your responses to each of the previous questions, how strongly do you recommend that Judge (Last Name) be retained in office, or not retained in office? Strongly recommend he be retained in office . 5 Somewhat recommend he be retained in office . 4 Undecided or don’t know enough to make recommendation . 3 Somewhat recommend he not be retained in office . 2 Strongly recommend he not be retained in office . 1 2 ## Page 36 9. And what would you say are Judge [Last Name]’s weaknesses? ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ Commission on Judicial Performance ___________________________________________________________ ___________________________________________________________ Evaluation of 10. Keeping in mind your responses to each of the previous questions, how JUDGE [FULL NAME] strongly do you recommend that Judge [Last Name] be retained in office, or not retained in office? Strongly recommend he/she be retained in office ................................ 5 Somewhat recommend he/she be retained in office ............................ 4 Undecided or don’t know enough to make recommendation ............. 3 If we have made a mistake and you either were not in Judge [Last Somewhat recommend he/she not be retained in office ..................... 2 Name]’s courtroom in the past 18 months, or you feel that you do not Strongly recommend he/she not be retained in office ......................... 1 have sufficient experience with Judge [Last Name] to have an opinion the judge’s judicial performance, please just return this questionnaire, unanswered, in the enclosed postage-paid envelope, to stop any further requests to evaluate Judge [Last Name]. Thank you for taking the time to complete this questionnaire. Please place it in the self-addressed, postage-paid envelope provided and place it in the mail. Your participation in this survey is very much appreciated. Using a grade scale, where an “A” is excellent along with B, C, D or F for fail, please grade the judge on the following. (If you feel that you don’t have experience with the judge in a specific area, or just don’t know, please circle the number corresponding to “Don’t Know/Not Applicable”—DK/NA). DK 1. Demeanor: A B C D F N/A a. Giving court proceedings a sense of dignity. 4 3 2 1 0 9 b. Treating participants in the case politely and with respect. 4 3 2 1 0 9 c. Conducting his/her courtroom in a neutral manner. 4 3 2 1 0 9 d. Having a sense of compassion and human understanding for those who appear before him/her. 4 3 2 1 0 9 ## Page 37 DK 6. [If you were in [Last Name]’s courtroom during a criminal case or 2. Fairness: A B C D F N/A cases please answer this question, otherwise skip to the next a. Giving participants an opportunity to be heard. 4 3 2 1 0 9 question.] On the scale below, please indicate by circling the appropriate b. Treating those involved in the case without bias. 4 3 2 1 0 9 number how biased you think Judge [Last Name] is toward the defense or c. Treating fairly people who represent themselves. 4 3 2 1 0 9 the prosecution. If you feel Judge [Last Name] is completely unbiased, circle “0.” d. Giving each side enough time to present his or her case. 4 3 2 1 0 9 Bias toward Completely Bias toward Defense Neutral Prosecution DK 5 4 3 2 1 0 1 2 3 4 5 3. Communications: A B C D F N/A a. Makings sure participants understand the 7. [If you were in [Last Name]’s courtroom during a criminal case or proceedings, and what’s going on in the cases please answer this question, otherwise skip to the next courtroom. 4 3 2 1 0 9 question.] On the scale below, please indicate by circling the appropriate b. Using language that everyone can understand. 4 3 2 1 0 9 number how lenient or how harsh you think the sentences generally handed c. Speaking clearly so everyone in the courtroom down by [Last Name] are. If you feel Judge [Last Name] generally hands can hear what’s being said. 4 3 2 1 0 9 down appropriate sentences, circle “0.” DK Sentences Appropriate Sentences 4. Diligence: A B C D F N/A Too Light Sentences Too Harsh a. Beginning court on time. 4 3 2 1 0 9 5 4 3 2 1 0 1 2 3 4 5 b. Maintaining appropriate control over proceedings. 4 3 2 1 0 9 c. Setting reasonable schedules for cases. 4 3 2 1 0 9 d. Being prepared for his/her cases. 4 3 2 1 0 9 Though your name will never be associated with your answers, because the judge will e. Managing court proceedings so that there is see a typed transcript of the comments that you and others write, it is important that little wasted time. 4 3 2 1 0 9 you do not include information in the comments below that would unintentionally identify you as the author. 8. What would you say are Judge [Last Name]’s strengths? DK ___________________________________________________________ 5. Application of Law: A B C D F N/A ___________________________________________________________ a. Giving reasons for rulings. 4 3 2 1 0 9 ___________________________________________________________ b. Willing to make decision without regard to ___________________________________________________________ possible outside pressure. 4 3 2 1 0 9 ___________________________________________________________ c. Being able to identify and analyze relevant facts. 4 3 2 1 0 9 ___________________________________________________________ Continued on Back Page
  • 2012 Retention Survey Report(PDF on OJPE)
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    ## Page 1 State of Colorado Logo COMMISSION ON JUDICIAL PERFORMANCE TThhee HHoonnoorraabbllee AAddddiissoonn AAddaammss 2012 Judicial Performance Survey Report 18th Judicial District ## Page 2 March 26, 2012 The Honorable Addison Adams Arapahoe County Justice Center 7325 S. Potomac St. Centennial, CO 80112 Dear Judge Adams: I am pleased to make available to you the attached copy of your 2012 Judicial Performance Survey Report. This report includes the survey results from two important stakeholder groups: 1) attorneys who have had cases in your court or who are knowledgeable about your judicial performance; and 2) non-attorneys who have observed your performance in court or who have knowledge of your performance as a judge. In addition to this introduction, the report is divided into five main sections: 1. A brief summary of the results of the attorney and non-attorney surveys. 2. The numerical results of the survey of attorneys in both tabular and graphical form. In addition to the numerical results, this section also contains comments attorneys made about your judicial performance. In some instances the comments have been redacted to eliminate respondent identifying information. A copy of the attorney questionnaire is included in the final section of this report. 3. The numerical results of the survey of non-attorneys in both tabular and graphical form. In addition to the numerical results, this section also contains comments these respondents made on the subject of your judicial performance. In few instances the comments have been redacted to eliminate respondent identifying information. A copy of the non-attorney questionnaire is included in the final section of this report. 4. The fourth section of the report discusses the methodology of the surveys. 5. The final section provides copies of the questions or questionnaires that were used for each survey. ## Page 3 Hon. Addison Adams March 26, 2012 Page 2 If you have any questions about the methodology and how the survey was conducted, please feel free to contact me at 505-821-5454 or by email at sanderoff@rpinc.com (please put the words “Judicial Performance” in the subject line), and for any other questions you might have about the survey please call the Executive Director of the Office of Judicial Performance Evaluation, Jane Howell, at 303-866-6465. Best regards, Brian Sanderoff President enc: 5140 SAN FRANCISCO RD NE, ALBUQUERQUE, NM 87109 WWW.RPINC.COM 505-821-5454 ## Page 4 Summary of Results Respondents rated judges on various questions using an A to F scale, in which the grades were then converted to numerical scores: A= 4, B=3, C=2, D=1 and F=0. An average score of 4.0 is the highest possible score and a 0.0 is the lowest possible score. On average, Judge Addison Adams received an overall combined average grade of 3.66 in the 2012 Judicial Performance Survey. This is calculated by adding the overall average grade received from attorney respondents, 3.58, to the overall average grade received from non-attorney respondents, 3.74, divided by two. The average combined grade for all county judges standing for retention in 2012 is 3.45 [not shown below]. Judge Adams Average Grades (All Years) Combined Attorney Non-attorney Overall Grade 3.66 3.58 3.74 Sample Size - 90 240 Table 1 The results presented in this report are based on data collected in 2008, 2009, 2010, and 2011. (See Methodology section for description of sampling process.) Provisional judges will not have samples for the years prior to their appointment. Table 2 shows Judge Adams’s overall average grades for each year in which survey results are available. Judge Adams Average Grades by Year Combined Attorney Non-Attorney Average Average Sample Average Sample Year Score Score Size Score Size 2008 2009 3.63 3.55 20 3.71 76 2010 3.71 3.60 28 3.81 64 2011 3.65 3.59 42 3.71 100 Overall 3.66 3.58 90 3.74 240 Table 2 1 ## Page 5 Comparison of Jurors vs. Non-Jurors Among Non-Attorney Population Among the non-attorney population, jurors tend to grade judges much higher than non- jurors. The juror overall average grade for all county judges standing for retention in 2012 is 3.85, while the overall average grade awarded by non-jurors is 3.29. The effect of this is that judges with a higher percentage of jurors in their sample tend to have higher average grades in the non-attorney survey than those judges with a small percentage of jurors. The number of jurors in a judge’s sample is, of course, closely related to the number of jury trials the judge presides over. The table below shows Judge Adams’s non-attorney results broken out by jurors and non-jurors. It also shows the overall average juror and non-juror grades for all county judges standing for retention in 2012 (see two columns on far right). Judge Adams Average Grades for Jurors vs. Non-Jurors (All Years) All County Judge Adams Retention Judges Jurors Non-Jurors Average Sample Average Sample Juror Non-Juror Score Size % Score Size % Average Average 3.89 140 58% 3.54 100 42% 3.85 3.29 Table 3 2 ## Page 6 SSuurrvveeyy ooff AAtoorrnneeyyss RReeggaarrddiinngg JJuuddggee AAdiissoonn AAddaammss ((SSaammppllee SSiizzee 9900)) ## Page 7 Survey of Attorneys Regarding Trial Judges Average Judge Addison Adams All County Sample Size = 90 A B C D Fail DK/NA Addison Adams Retention Judges 1. Case Management: 1a. Promptly issuing a decision on the case after trial. 47% 14% 3% 2% 1% 32% 3.52 3.52 1b. Maintaining appropriate control over proceedings. 69% 20% 7% 2% 2% 0% 3.51 3.44 1c. Promptly ruling on pre-trial motions. 49% 24% 4% 3% 1% 18% 3.42 3.41 1d. Setting reasonable schedules for cases. 62% 21% 6% 2% 0% 9% 3.57 3.40 Overall Case Management 3.51 3.44 2. Application and Knowledge of Law: 2a. Being able to identify and analyze relevant facts. 61% 24% 6% 3% 0% 6% 3.52 3.26 2b. Basing decisions on evidence and arguments. 58% 28% 8% 1% 3% 2% 3.39 3.15 2c. Willing to reconsider error in fact or law. 53% 16% 9% 0% 2% 20% 3.47 3.01 2d. Issuing consistent sentences when the circumstances are 65% 21% 2% 2% 0% 11% 3.68 3.28 similar. Overall Application and Knowledge of Law 3.52 3.18 3. Communications: 3a. Making sure all participants understand the proceedings. 87% 8% 3% 1% 0% 1% 3.82 3.49 3b. Providing written communications that are clear, thorough 45% 15% 6% 0% 1% 34% 3.54 3.31 and well reasoned. Overall Communications 3.68 3.40 4. Demeanor: 4a. Giving proceedings a sense of dignity. 83% 13% 2% 1% 0% 0% 3.79 3.39 4b. Treating parties with respect. 85% 11% 1% 1% 1% 0% 3.79 3.36 4c. Conducting his/her courtroom in a neutral manner. 79% 11% 6% 3% 1% 0% 3.63 3.19 4d. Consistently applying laws and rules. 70% 19% 2% 3% 1% 4% 3.60 3.23 Overall Demeanor 3.70 3.29 5. Diligence: 5a. Using good judgment in application of relevant law and 61% 21% 7% 3% 2% 6% 3.43 3.18 rules. 5b. Doing the necessary homework and being prepared for 60% 20% 4% 1% 1% 13% 3.57 3.28 his/her cases. 5c. Being willing to handle cases on the docket even when 67% 11% 3% 1% 1% 16% 3.69 3.38 they are complicated and time consuming. Overall Diligence 3.56 3.28 Overall Average Grade: 3.58 3.31 Note: Respondents rated judges on various questions using an A to F scale, in which the grades were then converted to numerical scores: A= 4, B=3, C=2, D=1 and F=0. An average score of 4.0 is the highest possible score and a 0.0 is the lowest possible score. 2012 Judicial Performance Survey Report 4 ## Page 8 Survey of Attorneys Regarding Trial Judges Percentage Judge Addison Adams All County Addison Adams Retention Sample Size = 90 Judges Would you say the judge is: Very biased in favor of the prosecution 3% 9% Somewhat biased in favor of the prosecution 13% 30% Completely neutral 73% 49% Somewhat biased in favor of the defense 10% 5% Very biased in favor of the defense 0% 1% Don't know or not sure 2% 5% 8. How strongly do you recommend that the Judge be retained in office, or not be retained in office? Percentages excluding undecided/don't know responses. Strongly recommend retain 79% 70% Somewhat recommend retain 19% 16% Somewhat recommend not retain 1% 7% Strongly recommend not retain 1% 7% Total Retain 98% 86% Total Not Retain 2% 14% Percentages including undecided/don't know responses. Strongly recommend retain 77% 66% Somewhat recommend retain 18% 15% Undecided or Don't Know 2% 5% Somewhat recommend not retain 1% 6% Strongly recommend not retain 1% 7% Total Retain 95% 81% Undecided/Don't Know 2% 5% Total Not Retain 2% 13% 2012 Judicial Performance Survey Report 5 ## Page 9 Judge Addison Adams Survey of Attorneys Regarding Trial Judges Average Grades 3.58 Overall Average Grade 3.31 Q1. Overall Case Management 3.51 3.44 1a. Promptly issuing a decision on the 3.52 case after trial. 3.52 1b. Maintaining appropriate control over 3.51 proceedings. 3.44 3.42 1c. Promptly ruling on pre-trial motions. 3.41 1d. Setting reasonable schedules for cases. 3.57 3.40 3.52 Q2. Overall App & Knowledge of Law 3.18 2a. Being able to identify and analyze 3.52 relevant facts. 3.26 2b. Basing decisions on evidence and argument. 3.39 3.15 3.47 2c. Willing to reconsider error in fact or law. 3.01 2d. [Criminal only] Issuing consistent sentences 3.68 when circumstances are similar. 3.28 3.68 Q3. Overall Communication 3.40 3a. Making sure all participants understand 3.82 the proceedings. 3.49 3b. Providing written communications that are 3.54 clear, thorough and well reasoned. 3.31 2.0 2.5 3.0 3.5 4.0 Addison Adams All County Retention Judges Judge Addison Adams 6 2012 Judicial Performance Survey Report ## Page 10 Judge Addison Adams Survey of Attorneys Regarding Trial Judges Average Grades 3.70 Q4. Overall Demeanor 3.29 3.79 4a. Giving proceedings a sense of dignity. 3.39 3.79 4b. Treating participants with respect. 3.36 4c. Conducting [his/her] courtroom 3.63 in a neutral manner. 3.19 3.60 4d. Consistently applying laws and rules. 3.23 3.56 Q5. Overall Diligence 3.28 5a. Using good judgment in application of 3.43 relevant laws and rules. 3.18 5b. Doing the necessary 'homework' and 3.57 being prepared for [his/her] cases. 3.28 5c. Being willing to handle cases on the docket even 3.69 when they are complicated and time consuming. 3.38 2.0 2.5 3.0 3.5 4.0 Biased in favor of prosecution/defense. 3% Very biased in favor of the prosecution 9% 13% Somewhat biased in favor of the prosecution 30% 73% Completely Neutral 49% 10% Somewhat biased in favor of the defense 5% 0% Very biased in favor of the defense 1% 2% Don't know/not sure 5% 0% 10% 20% 30% 40% 50% 60% 70% 80% Addison Adams All County Retention Judges 7 2012 Judicial Performance Survey Report ## Page 11 Judge Addison Adams Survey of Attorneys Regarding Trial Judges Q8. How strongly do you recommend that Judge Adams be retained or not retained in office? Excluding Undecided/Don't Know Respondents 79% Strongly recommend retain 70% 19% Excluding Und/DK Respondents Somewhat recommend retain 16% All Cnty Retention Judge Adams Judges 1% Somewhat recommend not retain Total Retain 98% 86% 7% Total Not Retain 2% 14% 1% Strongly recommend not retain 7% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Including Undecided/Don't Know Respondents 77% Strongly recommend retain 66% 18% Somewhat recommend retain 15% Including Und/DK Respondents 2% Undecided or DK All Cnty 5% Retention Judge Adams Judges 1% Somewhat recommend not retain Total Retain 95% 81% 6% Undecided or DK 2% 5% Total Not Retain 2% 13% 1% Strongly recommend not retain 7% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Addison Adams All County Retention Judges 8 2012 Judicial Performance Survey Report ## Page 12 SSuurrvveeyy ooff NNoonn--AAtoorrnneeyyss RReeggaarrddiinngg JJuuddggee AAdiissoonn AAddaammss ((SSaammppllee SSiizzee 224400)) ## Page 13 Survey of Non-Attorneys Regarding Trial Judges Average Judge Addison Adams All County Sample Size = 240 A B C D Fail DK/NA Addison Adams Retention Judges 1. Demeanor: 1a. Giving court proceedings a sense of dignity. 85% 9% 5% 0% 0% 0% 3.80 3.59 1b. Treating participants in the case politely and with respect. 88% 8% 3% 1% 0% 0% 3.83 3.61 1c. Conducting court in a neutral manner. 84% 9% 5% 1% 1% 0% 3.75 3.56 1d. Having a sense of compassion and human understanding 80% 13% 4% 1% 2% 0% 3.69 3.48 for those who appear before the court. Overall Demeanor 3.77 3.56 2. Fairness: 2a. Giving participants an opportunity to be heard. 82% 13% 4% 1% 0% 0% 3.77 3.60 2b. Treating those involved in the case without bias. 79% 13% 5% 1% 1% 1% 3.69 3.53 2c. Treating fairly people who represent themselves. 58% 9% 4% 0% 0% 29% 3.74 3.53 2d. Giving each side enough time to present his or her case. 81% 10% 5% 0% 0% 3% 3.76 3.60 Overall Fairness 3.74 3.57 3. Communications: 3a. Making sure participants understand the proceedings, and 85% 9% 4% 0% 1% 0% 3.79 3.64 what is going on in the courtroom. 3b. Using language that everyone can understand. 88% 8% 4% 0% 0% 0% 3.83 3.67 3c. Speaking clearly so everyone in the courtroom can hear 87% 10% 3% 0% 0% 0% 3.82 3.71 what is being said. Overall Communications 3.81 3.67 4. Diligence: 4a. Beginning court on time 77% 12% 7% 2% 1% 1% 3.65 3.49 4b. Maintaining appropriate control over proceedings. 85% 8% 5% 1% 0% 1% 3.78 3.69 4c. Setting reasonable schedules for cases. 76% 11% 4% 1% 1% 7% 3.70 3.59 4d. Being prepared for cases. 79% 10% 4% 2% 1% 3% 3.70 3.62 4e. Managing court proceedings so that there is little wasted 73% 14% 8% 3% 1% 1% 3.57 3.52 time. Overall Diligence 3.68 3.58 5. Application of Law: 5a. Giving reasons for rulings. 75% 15% 4% 1% 0% 4% 3.70 3.51 5b. Willing to make decisions without regard to possible 69% 10% 4% 1% 1% 15% 3.71 3.53 outside pressure. 5c. Being able to identify and analyze relevant facts. 77% 12% 5% 1% 1% 5% 3.70 3.52 Overall Application of Law 3.70 3.52 Overall Average Grade: 3.74 3.58 Note: Respondents rated judges on various questions using an A to F scale, in which the grades were then converted to numerical scores: A= 4, B=3, C=2, D=1 and F=0. An average score of 4.0 is the highest possible score and a 0.0 is the lowest possible score. 2012 Judicial Performance Survey Report 10 ## Page 14 Survey of Non-Attorneys Regarding Trial Judges Percentage Judge Addison Adams All County Addison Adams Retention Sample Size = 240 Judges 6. How biased do you think the Judge is toward the defense or prosecution? [Please see the questionnaire at the end of report for question wording.] Biased in favor of the prosecution total 10% 12% Competely neutral 87% 82% Biased in favor of the defense total 6% 6% [A positive average indicates bias toward prosecution, and a Average 0.06 0.15 negative average indicates a bias toward the defense.] 7. How lenient or harsh do you think the sentences generally handed down by Judge are? [Please see the questionnaire at the end of report for question wording.] Harsh sentencing total 11% 12% Competely neutral 82% 78% Lenient sentencing total 7% 10% [A positive average indicates sentences are harsh, and a Average 0.17 0.14 negative average indicates sentences are lenient.] 10. How strongly do you recommend that the Judge be retained or not retained in office? Percentages excluding undecided/don't know responses. Strongly recommend retain 90% 84% Somewhat recommend retain 8% 8% Somewhat recommend not retain 1% 3% Strongly recommend not retain 1% 5% Total Retain 98% 92% Total Not Retain 2% 8% Percentages including undecided/don't know responses. Strongly recommend retain 83% 77% Somewhat recommend retain 7% 7% Undecided or Don't Know 7% 8% Somewhat recommend not retain 1% 2% Strongly recommend not retain 1% 5% Total Retain 90% 84% Undecided/Don't Know 7% 8% Total Not Retain 2% 7% 2012 Judicial Performance Survey Report 11 ## Page 15 Judge Addison Adams Survey of Non-Attorneys Regarding Trial Judges Average Grades 3.74 Overall Average Grade 3.58 3.77 Q1. Overall Demeanor 3.56 3.80 1a. Giving proceedings a sense of dignity. 3.59 1b. Treating participants politely and with respect. 3.83 3.61 1c. Conducting the courtroom in a neutral 3.75 manner. 3.56 1d. Having a sense of compassion and human 3.69 understanding for those who appear before the judge. 3.48 3.74 Q2. Overall Fairness 3.57 2a. Giving participants an opportunity to be 3.77 heard. 3.60 2b. Treating those involved in the 3.69 case without bias. 3.53 2c. Treats people fairly who represent 3.74 themselves. 3.53 2d. Giving each side enough time to present his 3.76 or her case. 3.60 3.81 Q3. Overall Communications 3.67 3a. Making sure participants understand the 3.79 proceedings, and what's going on in the courtroom. 3.64 3b. Using language that everyone can 3.83 understand. 3.67 3c. Speaking clearly so everyone in the courtroom 3.82 can hear what's being said. 3.71 2.0 2.5 3.0 3.5 4.0 Addison Adams All County Retention Judges Judge Addison Adams 12 2012 Judicial Performance Survey Report ## Page 16 Judge Addison Adams Survey of Non-Attorneys Regarding Trial Judges Average Grades 3.68 Q4. Overall Diligence 3.58 3.65 4a. Beginning court on time. 3.49 4b. Maintaining appropriate control over 3.78 proceedings. 3.69 4c. Setting reasonable schedules for cases. 3.70 3.59 4d. Being prepared for his or her cases. 3.70 3.62 4e. Managing court proceedings so that there is 3.57 little wasted time. 3.52 3.70 Q5. Overall Application of Law 3.52 3.70 5a. Giving reasons for rulings. 3.51 5b. Willing to make decision without regard to 3.71 possible outside pressure. 3.53 5c. Being able to identify and analyze 3.70 relevant facts. 3.52 2.0 2.5 3.0 3.5 4.0 Q6 Biased in favor of prosecution/defense. 1 0.06 Addison Adams 0.15 All County Retention Judges -5 -4 -3 -2 -1 0 1 2 3 4 5   Defense Prosecution 1-A negative average score indicates bias toward the defense, and a positive average score indicates bias toward prosecution. Q7 Lenience or Harshness in Sentencing. 2 0.17 Addison Adams 0.14 All County Retention Judges -5 -4 -3 -2 -1 0 1 2 3 4 5   Lenient Harsh 2-A negative average score indicates sentences are lenient, and a positive average score indicates sentences are harsh. Addison Adams All County Retention Judges 13 2012 Judicial Performance Survey Report ## Page 17 Judge Addison Adams Survey of Non-Attorneys Regarding Trial Judges Q10. How strongly do you recommend that Judge Adams be retained or not retained in office? Excluding Undecided/Don't Know Respondents 90% Strongly recommend retain in office 84% 8% Somewhat recommend retain in office Excluding Und/DK Respondents 8% All Cnty Retention 1% Somewhat recommend not retain in office Judge Adams Judges 3% Total Retain 98% 92% Total Not Retain 2% 8% 1% Strongly recommend not retain in office 5% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Including Undecided /Don't Know Respondents 83% Strongly recommend retain in office 77% 7% Somewhat recommend retain in office 7% 7% Including Und/DK Respondents Undecided 8% All Cnty Retention 1% Judge Adams Judges Somewhat recommend not retain in office Total Retain 90% 84% 2% Undecided 7% 8% 1% Total Not Retain 2% 7% Strongly recommend not retain in office 5% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Addison Adams All County Retention Judges 14 2012 Judicial Performance Survey Report ## Page 18 MMeetthhooddoollooggyy ## Page 19 MMeetthhooddoollooggyy The results shown in the 2012 Judicial Performance Survey Report are based on two surveys: The Survey of Attorneys Regarding Trial Judges, and the Survey of Non- Attorneys Regarding Trial Judges. Below is a description of the methodology used in the two surveys. I Attorneys Regarding Trial Judges a. Sample: Research & Polling, Inc. received case data with the names of attorneys who had likely been in each judge’s courtroom from the following primary sources:  Colorado Judicial Department  Colorado District Attorneys’ Council  Colorado Public Defender’s Office  Denver County Courts  District Attorney’s Office, Second Judicial District (Denver)  District Attorney’s Office, Ninth Judicial District The data from these different sources are combined, duplicates removed, and addresses corrected. In 2011, the following changes were made to the Attorneys Regarding Trial Judges survey process:  Only judges that are standing for retention in 2012 were evaluated during this reporting cycle (the intent was to increase the number of completed attorney evaluations for each retention judge by excluding those not standing for retention).  The number of possible judges that attorney respondents could evaluate was increased from seven to 10. Attorneys are first mailed a letter inviting them to complete the survey online. The letter provides the link to the online survey, as well as a unique password to access the survey. Approximately one week later, attorneys are sent an email invitation to complete the online survey, which also provides the Web address and their unique password. About a week after the first email is sent, a reminder email is sent, providing the same information. Potential respondents who do not complete the survey after the second email are then telephoned and asked to either complete the survey by phone, or to complete it online. Since 2010, the Judicial Performance Survey reports are based on a moving average, or rolling sample, of data collected over a period of time equal to the justice’s or judge’s term of office: ten years for a Supreme Court justice, eight years for a COA judge, six years for a district judge, and four years for a county judge. To use a county judge as an 16 ## Page 20 example: as survey data is collected it is pooled together for four years. After four years, as new data is added to the judge’s survey results, the oldest data in the pool is deleted. b. Questions: Respondents evaluated judges on 17 aspects of judicial performance using a grade scale of A, B, C, D, or F. (See Questionnaire section.) These grades were then converted to a numerical score where A = 4, B = 3, C = 2, D = 1 and Fail = 0. The A through F scale was chosen because it is almost universally recognized and understood. This makes it easy for respondents to complete their questionnaire, and for the public to interpret the results. Respondents were also asked if they considered the judge biased toward the defense or prosecution in criminal cases. In a final question, respondents were asked to indicate how strongly they would recommend that the justice or judge be retained or not retained in office. c. Comments: Respondents were also asked what they considered to be the judge’s strengths and weaknesses. By statute, these comments are confidential and only provided to the judge and the District Commission on Judicial Performance. They are not released to the public when the rest of the report is released. Before being given to the judge and the Commission, an attempt is made to redact all respondent identifying information from the comments. Since 2005, there have been changes to the number of comment questions asked, though the strengths and weaknesses questions have been posed in every survey. The number to the left of each comment refers to the same attorney respondent in both the strengths section and the weaknesses section. Most spelling and typographical errors have been corrected. d. Analysis: The Attorneys Regarding Trial Judges section first shows a table of the percentage distribution for each of the A through F questions, including “don’t know/not applicable” responses. The next column to the right shows the judge’s average grade for each question. For comparison purposes, averages were also computed for all county judges standing for retention in 2012 and are shown in the furthest right column on the page. Tables showing the percentage distribution for all questions for all county retention judges are located at the end of this methodology section. The overall question averages are calculated by adding up the averages for each question and dividing by the number of questions. The next table shows the percentage distribution of the responses to the question about recommending retention. The first column of percentages is for the report-judge and the second column displays the percentages for all county retention judges. The 17 ## Page 21 percentages are shown both including and excluding “undecided/don’t know” responses. The next page displays the question averages in horizontal bar-graph form. The percentage distribution to the retention question is then presented in the graph on the next page. The third part of the Attorneys Regarding Trial Judges section of the report lists the comments the attorneys made about the judge’s strengths and weaknesses. e. Cooperation Rate: The overall cooperation rate for the Attorneys Regarding Trial Judges Survey is calculated as the number of completed survey evaluations divided by the number of possible evaluations resulting in an overall response rate of 45.7% for district judges and 37.6% for county judges. An equivalent response rate for an individual judge is computed in the same manner. II Non-Attorneys Regarding Trial Judges a. Sample: Research & Polling, Inc. received case data with the names of non-attorneys who had likely been in each judge’s courtroom from the following primary sources:  Colorado Judicial Department  Colorado District Attorneys’ Council  Colorado Public Defender’s Office  Denver County Courts  District Attorney’s Office, Second Judicial District (Denver)  District Attorney’s Office, Ninth Judicial District The data from these different sources are combined, duplicates removed, and addresses corrected. In 2011, only the judges standing for retention in 2012 were evaluated. The intent was to increase the number of completed non-attorney evaluations for each retention judge by excluding those not standing for retention. For this evaluation cycle, the following changes were made to the Non-Attorneys Regarding Trial Judges survey process:  Court staff, probation officers, and court interpreters were asked to complete the survey online, with the possibility of evaluating up to 10 judges  RPI surveyed all non-attorneys with courtroom experience instead of a random sample of each sub-population (i.e. court employees, court interpreters, probation officers, witnesses, law enforcement personnel, jurors, crime victims, litigants, etc.). The only exception to this is the criminal defendants, for which RPI selected a random sample. 18 ## Page 22 As stated above, court staff, probation officers, and court interpreters were asked to complete the survey online. They are sent an email invitation to complete the online survey, which also provides the Web address and their unique password. About a week after the first email is sent, a reminder email is sent, providing the same information. Other non-attorneys were surveyed via standard mail. First, they were mailed an initial postcard informing the recipient that he or she would be receiving a questionnaire. Two to three weeks after the postcard was mailed, the potential respondent was sent a personalized introductory letter and a questionnaire with a postage-paid return envelope. If the person did not respond, a second questionnaire and letter were sent approximately four weeks later. Questionnaires are barcoded, and if a respondent mailed back two questionnaires, the second one was deleted from the data file. Since 2010, the non-attorney section of the Judicial Performance Survey reports have been based on a moving average, or rolling sample, of survey results collected over a period of time equal to the judge’s term of office: six years for a district judge and four years for a county judge. To use a county judge as an example: as survey data is collected, it is pooled together for four years. After four years, as new data is added to the judge’s survey results, the oldest data in the pool is deleted. b. Questions: Respondents evaluated judges on 19 aspects of judicial performance using a grade scale of A, B, C, D, or F. (See Questionnaire section.) These grades were then converted to a numerical score where A = 4, B = 3, C = 2, D = 1 and Fail = 0. The A through F scale was chosen because it is almost universally recognized and understood. This makes it easy for respondents to complete their questionnaire, and for the public to interpret the results. Respondents were also asked if they considered the judge biased toward the defense or prosecution in criminal cases. In a final question, respondents were asked to indicate how strongly they would recommend that the justice or judge be retained or not retained in office. A copy of the questionnaire is included in the last section of this report. c. Analysis: The Non-Attorneys Regarding Trial Judges section first shows a table of the percentage distribution for each of the A through F questions, including “don’t know/not applicable” responses. The next column to the right shows the judge’s average grade for each question. For comparison purposes, averages were also computed for all county judges standing for retention in 2012 and are shown in the furthest right column on the page. Tables showing the percentage distribution for all questions for all county retention judges are located at the end of this methodology section. The overall question averages are calculated by adding up the averages for each question and dividing by the number of questions. 19 ## Page 23 The next table shows the percentage distribution of the responses to the questions about prosecution or defense bias and recommending retention. The first column of percentages is for the report-judge and the second column displays the percentages for all county retention judges. The percentages for the retention question are shown including and excluding “undecided/don’t know” responses. The next page displays the question averages in horizontal bar-graph form. The percentage distribution of the prosecution-defense bias and retention questions are then presented in the graph on the next page. The third part of the Non-Attorneys Regarding Trial Judges section of the report lists the comments the non-attorneys made about the judge’s strengths and weaknesses. d. Comments: In addition to the A through F questions, non-attorney respondents were asked what they considered to be the judge’s strengths and weaknesses. By statute, these comments are confidential and only provided to the judge and the District Commission on Judicial Performance. They are not released to the public when the rest of the report is released. Before being given to the judge and the Commission, an attempt is made to redact all respondent identifying information from the comments. Since 2005 there have been changes to the number of comment questions asked, though the strengths and weaknesses questions have been posed in every survey. The number to the left of each comment refers to the same non-attorney respondent in both the strengths section and the weaknesses section. e. Cooperation Rate: The estimated cooperation rate for the non-attorney survey is calculated as the number of completed questionnaires divided by the number of eligible respondents who actually received a questionnaire. The following table shows the total number of questionnaires mailed, completed, non-responses and refusals, undeliverables, and other responses. The table presents the estimated overall cooperation rate as well as the cooperation rate by the different types of respondents. The true cooperation rates are likely higher than shown because of the percentage of people who were mailed questionnaires about judges with whom they may not have had sufficient experience. This is due, in part, to many cases being disposed of without the parties having appeared in court, as well as in the case of law enforcement, the data includes all those who were subpoenaed for a case, not just those who appeared. A table of the response counts by respondent type for Judge Adams is shown on the following page, and on the next page is a table of the overall cooperation rates for both the Attorney and Non-Attorney Regarding Trial Judges surveys for all county judges. 20 ## Page 24 Judge Addison Adams Judge Response Counts by Type of Respondent Total No Undeliverable/ Other Non- Coop Role Type Sent Response Not Applicable Responses Completes Rate Attorneys Criminal District Attorneys 29 16 2 0 11 40.7% Defense Attorneys 256 154 26 0 76 33.0% Civil Attorneys for Litigants 1 1 0 0 0 0.0% Other Attorneys Civil 5 2 0 0 3 60.0% Total Attorneys 291 173 28 0 90 34.2% Non-attorneys Criminal Witness 25 18 3 1 3 13.6% Law Enforcement 2 1 0 0 1 50.0% Defendant 434 238 132 4 60 19.9% Civil Litigant 147 80 49 3 15 15.3% Witness 45 32 7 2 4 10.5% Other 1 0 1 0 0 0.0% Jurors 275 113 15 7 140 53.8% Employees, including Interpreters 27 9 4 0 14 60.9% Probation Officers 16 9 4 0 3 25.0% Total Non-attorneys 972 500 215 17 240 31.7% Grand Total: 1263 673 243 17 330 32.4% 2012 Judicial Performance Survey Report 21 ## Page 25 Total Response Counts by Type of Respondent for All County Retention Judges Total No Undeliverable/ Other Non- Completes Cooperation Sent Response Not Applicable Responses Rate Attorneys Criminal District Attorneys 2049 1103 289 0 657 37.3% Defense Attorneys 8880 5065 774 0 3041 37.5% Other Attorneys Criminal 12 7 1 0 4 36.4% Civil Attorneys for Litigants 441 266 30 0 145 35.3% Other Attorneys Civil 1346 701 191 0 454 39.3% Attorneys, Unknown Role Type 24 8 7 1 8 47.1% Total Attorneys 12752 7150 1292 1 4309 37.6% Non-attorneys Criminal Victim 277 159 90 15 13 7.0% Witness 4435 2510 1368 182 375 12.2% Other 549 334 156 20 39 9.9% Law Enforcement 3638 2574 457 92 515 16.2% Defendant 24165 11842 9981 329 2013 14.2% Civil Litigant 4982 2497 1744 118 623 19.2% Witness 1544 856 331 44 313 25.8% Other 78 50 20 2 6 10.3% Jurors 11310 5027 1133 268 4882 48.0% Employees, including Interpreters 666 182 95 12 377 66.0% Probation Officers 415 109 97 5 204 64.2% Total Non-attorneys 52059 26140 15472 1087 9360 25.6% Grand Total: 64811 33290 16764 1088 13669 28.4% 2012 Judicial Performance Survey Report 22 ## Page 26 A Final Word Regarding the Survey Results The most frequently asked question that we receive from judges regarding the survey statistics is, “What is the margin of sampling error associated with these results?” The answer to this question is that a margin of error cannot be calculated since we are not selecting a random sample of eligible respondents (attorneys and non-attorneys) to be surveyed; instead, we are attempting to survey all members of the eligible population. Since we are not generating a random sample, we cannot estimate a percentage or value of the population sampled with a known probability of error. Every eligible respondent in the attorney and non-attorney population is now given an opportunity to evaluate judges with whom they have had a recent experience.1 The only exception is among the criminal defendant population, in which, due to its size, a random sample is selected. The respondents know the purpose and content of the survey, and based on that, decide whether to respond to it. Measures are taken to increase the response rate so that concerns regarding sampling bias can be mitigated. The higher the response rate, the more confident we can feel the results of the respondents are similar to the results of the non- respondents. Attorneys and non-attorneys receive multiple waves of reminders via email or mail to complete the survey. Further, all non-responding attorneys are then contacted on the telephone and given the opportunity to complete the evaluation with the professional interviewer. RPI has contacted hundreds of non-responding attorneys to encourage their participation. We have been informed by the vast majority of the non-responding attorneys that the primary reason for not participating in the survey is because of a lack of sufficient information to evaluate that particular judge. The Judicial Performance Evaluation Survey is a valuable means, perhaps the only practical means, for the Commissions on Judicial Performance to have a summary of results from structured interviews among stakeholders who have courtroom familiarity with each judge being evaluated. We are continuing to take steps to increase cell sizes and cooperation rates for each judge in order to further enhance this evaluation program. 1 Attorneys have the opportunity to evaluate up to 10 judges on an online survey. Among the non- attorney population, court staff, probation officers, and interpreters also have the opportunity to evaluate up to 10 judges on an online survey. The remaining non-attorney populations are mailed a paper survey with the opportunity to evaluate one judge. 23 ## Page 27 Survey of Attorneys Regarding Trial Judges All County Retention Judges Average Sample Size = 4309 A B C D Fail DK/NA Grade 1. Case Management: 1a.Promptly issuing a decision on the case after trial. 50% 17% 5% 1% 1% 25% 3.52 1b.Maintaining appropriate control over proceedings. 63% 23% 9% 3% 2% 1% 3.44 1c.Promptly ruling on pre-trial motions. 48% 21% 7% 2% 1% 21% 3.41 1d.Setting reasonable schedules for cases. 57% 24% 9% 3% 2% 5% 3.40 Overall Case Management 3.44 2. Application and Knowledge of Law: 2a.Being able to identify and analyze relevant facts. 55% 24% 11% 5% 3% 3% 3.26 2b.Basing decisions on evidence and arguments. 51% 23% 12% 6% 4% 4% 3.15 2c.Willing to reconsider error in fact or law. 38% 18% 10% 6% 5% 23% 3.01 2d.Issuing consistent sentences when the circumstances are 50% 23% 10% 4% 3% 11% 3.28 similar. Overall Application and Knowledge of Law 3.18 3. Communications: 3a.Making sure all participants understand the proceedings. 65% 22% 8% 2% 1% 2% 3.49 3b.Providing written communications that are clear, thorough 41% 17% 7% 3% 2% 30% 3.31 and well reasoned. Overall Communications 3.40 4. Demeanor: 4a. Giving proceedings a sense of dignity. 64% 20% 9% 4% 3% 1% 3.39 4b. Treating parties with respect. 65% 17% 9% 4% 4% 1% 3.36 4c. Conducting his/her courtroom in a neutral manner. 58% 19% 10% 6% 5% 1% 3.19 4d. Consistently applying laws and rules. 55% 20% 10% 5% 4% 5% 3.23 Overall Demeanor 3.29 5. Diligence: 5a.Using good judgment in application of relevant law and 52% 23% 11% 6% 4% 3% 3.18 rules. 5b.Doing the necessary homework and being prepared for 51% 22% 9% 4% 3% 11% 3.28 his/her cases. 5c.Being willing to handle cases on the docket even when they 53% 16% 7% 3% 2% 18% 3.38 are complicated and time consuming. Overall Diligence 3.28 Overall Average Grade: 3.31 Note: Respondents rated judges on various questions using an A to F scale, in which the grades were then converted to numerical scores: A= 4, B=3, C=2, D=1 and F=0. An average score of 4.0 is the highest possible score and a 0.0 is the lowest possible score. 2012 Judicial Performance Survey Report 24 ## Page 28 Survey of Attorneys Regarding Trial Judges Average All County Retention Judges Grade Sample Size = 4309 Would you say the judge is: Very biased in favor of the prosecution 9% Somewhat biased in favor of the prosecution 30% Completely neutral 49% Somewhat biased in favor of the defense 5% Very biased in favor of the defense 1% Don't know or not sure 5% 8. How strongly do you recommend that the Judge be retained in office, or not be retained in office? Percentages excluding undecided/don't know responses. Strongly recommend retain 70% Somewhat recommend retain 16% Somewhat recommend not retain 7% Strongly recommend not retain 7% Total Retain 86% Total Not Retain 14% Percentages including undecided/don't know responses. Strongly recommend retain 66% Somewhat recommend retain 15% Undecided or Don't Know 5% Somewhat recommend not retain 6% Strongly recommend not retain 7% Total Retain 81% Undecided/Don't Know 5% Total Not Retain 13% 2012 Judicial Performance Survey Report 25 ## Page 29 Survey of Non-Attorneys Regarding Trial Judges All County Retention Judges Average Sample Size = 9360 A B C D Fail DK/NA Grade 1. Demeanor: 1a.Giving court proceedings a sense of dignity. 73% 17% 5% 2% 2% 1% 3.59 1b.Treating participants in the case politely and with respect. 77% 14% 4% 2% 2% 1% 3.61 1c.Conducting court in a neutral manner. 74% 15% 5% 2% 3% 1% 3.56 1d.Having a sense of compassion and human understanding 70% 16% 5% 3% 4% 2% 3.48 for those who appear before the court. Overall Demeanor 3.56 2. Fairness: 2a.Giving participants an opportunity to be heard. 75% 15% 4% 2% 3% 2% 3.60 2b.Treating those involved in the case without bias. 73% 14% 4% 2% 4% 2% 3.53 2c.Treating fairly people who represent themselves. 53% 10% 3% 2% 3% 29% 3.53 2d.Giving each side enough time to present his or her case. 72% 14% 4% 2% 3% 5% 3.60 Overall Fairness 3.57 3. Communications: 3a.Making sure participants understand the proceedings, and 77% 14% 4% 2% 2% 1% 3.64 what is going on in the courtroom. 3b.Using language that everyone can understand. 77% 16% 4% 1% 1% 1% 3.67 3c.Speaking clearly so everyone in the courtroom can hear 79% 14% 3% 1% 1% 1% 3.71 what is being said. Overall Communications 3.67 4. Diligence: 4a.Beginning court on time 66% 20% 6% 3% 3% 3% 3.49 4b.Maintaining appropriate control over proceedings. 78% 14% 4% 1% 1% 2% 3.69 4c.Setting reasonable schedules for cases. 64% 16% 4% 2% 2% 13% 3.59 4d.Being prepared for cases. 72% 14% 4% 2% 2% 7% 3.62 4e.Managing court proceedings so that there is little wasted 68% 19% 6% 2% 2% 2% 3.52 time. Overall Diligence 3.58 5. Application of Law: 5a.Giving reasons for rulings. 66% 17% 5% 2% 3% 8% 3.51 5b.Willing to make decisions without regard to possible 61% 12% 4% 2% 3% 18% 3.53 outside pressure. 5c.Being able to identify and analyze relevant facts. 67% 14% 4% 2% 4% 8% 3.52 Overall Application of Law 3.52 Overall Average Grade: 3.58 Note: Respondents rated judges on various questions using an A to F scale, in which the grades were then converted to numerical scores: A= 4, B=3, C=2, D=1 and F=0. An average score of 4.0 is the highest possible score and a 0.0 is the lowest possible score. 2012 Judicial Performance Survey Report ## Page 30 Survey of Non-Attorneys Regarding Trial Judges Average All County Retention Judges Grade Sample Size = 9360 6. How biased do you think the Judge is toward the defense or prosecution? [Please see the questionnaire at the end of report for question wording.] Biased in favor of the prosecution total 12% Competely neutral 82% Biased in favor of the defense total 6% Average 0.15 7. How lenient or harsh do you think the sentences generally handed down by Judge are? [Please see the questionnaire at the end of report for question wording.] Harsh sentencing total 12% Competely neutral 78% Lenient sentencing total 10% Average 0.14 10. How strongly do you recommend that the Judge be retained or not retained in office? Percentages excluding undecided/don't know responses. Strongly recommend retain 84% Somewhat recommend retain 8% Somewhat recommend not retain 3% Strongly recommend not retain 5% Total Retain 92% Total Not Retain 8% Percentages including undecided/don't know responses. Strongly recommend retain 77% Somewhat recommend retain 7% Undecided or Don't Know 8% Somewhat recommend not retain 2% Strongly recommend not retain 5% Total Retain 84% Undecided/Don't Know 8% Total Not Retain 7% 2012 Judicial Performance Survey Report ## Page 31 QQuueessttiioonnnnaaiirreess ## Page 32 Colorado Judicial Performance Attorneys Regarding Trial Judges Survey Questions _ Which of the following types of cases have you observed Judge (Last Name)’s performance? Please circle all that apply. (Only respondents who indicate they have observed the judge in “criminal other than traffic” cases will be asked question 2d and the “bias” question between 5 and 6.) Civil . 1 Criminal other than traffic . 2 Traffic . 3 Domestic . 4 Juvenile . 5 Probate . 6 Other . 9 Using a grade scale, where an "A" is excellent along with B, C, D or F for fail, please grade Judge [Last Name] on the following. If, for a specific question you feel that you do not have enough information to grade the judge, please check DK/NA for Don't Know/Not Applicable. 1. Case Management: a. Promptly issuing a decision on the case after trial. A B C D F DK/NA b. Maintaining appropriate control over proceedings. A B C D F DK/NA c. Promptly ruling on pre-trial motions. A B C D F DK/NA d. Setting reasonable schedules for cases. A B C D F DK/NA 2. Application and Knowledge of Law: a. Being able to identify and analyze relevant facts. A B C D F DK/NA b. Basing decisions on evidence and arguments. A B C D F DK/NA c. Willing to reconsider error in fact or law. A B C D F DK/NA d. [Criminal only] Issuing consistent sentences when the circumstances are similar. A B C D F DK/NA 3. Communications: a. Makings sure all participants understand the proceedings. A B C D F DK/NA b. Providing written communications that are clear, thorough and well reasoned. A B C D F DK/NA 4. Demeanor: a. Giving proceedings a sense of dignity. A B C D F DK/NA b. Treating participants with respect. A B C D F DK/NA c. Conducting his/her courtroom in a neutral manner. A B C D F DK/NA d. Consistently applying laws and rules. A B C D F DK/NA 1 ## Page 33 5. Diligence: a. Using good judgment in application of relevant law and rules. A B C D F DK/NA b. Doing the necessary “homework” and being prepared for his/her cases. A B C D F DK/NA c. Being willing to handle cases on the docket even when they are complicated and time consuming. A B C D F DK/NA Having observed Judge (Last Name) in a criminal case, would you say the judge is: (This question is asked only if respondent indicated at the beginning of the survey he/she observed the judge in a criminal case.) Very biased in favor of the prosecution . 1 Somewhat biased in favor of the prosecution . 2 Completely Neutral . 3 Somewhat biased in favor of the defense . 4 Very biased in favor of the defense . 5 Don’t Know/Not Sure . 9 6. What would you say are Judge (Last Name)’s strengths? _ _ _ 7. What would you say are Judge (Last Name)’s weaknesses? _ _ _ 8. Keeping in mind your responses to each of the previous questions, how strongly do you recommend that Judge (Last Name) be retained in office, or not be retained in office? Strongly recommend he be retained in office . 5 Somewhat recommend he be retained in office . 4 Undecided or don’t know enough to make recommendation . 3 Somewhat recommend he not be retained in office . 2 Strongly recommend he not be retained in office . 1 2 ## Page 34 9. And what would you say are Judge [Last Name]’s weaknesses? ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ Commission on Judicial Performance ___________________________________________________________ ___________________________________________________________ Evaluation of 10. Keeping in mind your responses to each of the previous questions, how JUDGE [FULL NAME] strongly do you recommend that Judge [Last Name] be retained in office, or not retained in office? Strongly recommend he/she be retained in office ................................ 5 Somewhat recommend he/she be retained in office ............................ 4 Undecided or don’t know enough to make recommendation ............. 3 If we have made a mistake and you either were not in Judge [Last Somewhat recommend he/she not be retained in office ..................... 2 Name]’s courtroom or you feel that you do not have sufficient Strongly recommend he/she not be retained in office ......................... 1 experience with Judge [Last Name] to have an opinion the judge’s judicial performance, please just return this questionnaire, unanswered, in the enclosed postage-paid envelope, to stop any further requests to evaluate Judge [Last Name]. Thank you for taking the time to complete this questionnaire. Please place it in the self-addressed, postage-paid envelope provided and place it in the mail. Your participation in this survey is very much appreciated. Using a grade scale, where an “A” is excellent along with B, C, D or F for fail, please grade the judge on the following. (If you feel that you don’t have experience with the judge in a specific area, or just don’t know, please circle the number corresponding to “Don’t Know/Not Applicable”—DK/NA). DK 1. Demeanor: A B C D F N/A a. Giving court proceedings a sense of dignity. 4 3 2 1 0 9 b. Treating participants in the case politely and with respect. 4 3 2 1 0 9 c. Conducting his/her courtroom in a neutral manner. 4 3 2 1 0 9 d. Having a sense of compassion and human understanding for those who appear before him/her. 4 3 2 1 0 9 Barcode ## Page 35 DK 6. [If you were in [Last Name]’s courtroom during a criminal case or 2. Fairness: A B C D F N/A cases please answer this question, otherwise skip to the next a. Giving participants an opportunity to be heard. 4 3 2 1 0 9 question.] On the scale below, please indicate by circling the appropriate b. Treating those involved in the case without bias. 4 3 2 1 0 9 number how biased you think Judge [Last Name] is toward the defense or c. Treating fairly people who represent themselves. 4 3 2 1 0 9 the prosecution. If you feel Judge [Last Name] is completely unbiased, circle “0.” d. Giving each side enough time to present his or her case. 4 3 2 1 0 9 Bias toward Completely Bias toward Defense Neutral Prosecution DK 5 4 3 2 1 0 1 2 3 4 5 3. Communications: A B C D F N/A a. Makings sure participants understand the 7. [If you were in [Last Name]’s courtroom during a criminal case or proceedings, and what’s going on in the cases please answer this question, otherwise skip to the next courtroom. 4 3 2 1 0 9 question.] On the scale below, please indicate by circling the appropriate b. Using language that everyone can understand. 4 3 2 1 0 9 number how lenient or how harsh you think the sentences generally handed c. Speaking clearly so everyone in the courtroom down by [Last Name] are. If you feel Judge [Last Name] generally hands can hear what’s being said. 4 3 2 1 0 9 down appropriate sentences, circle “0.” DK Sentences Appropriate Sentences 4. Diligence: A B C D F N/A Too Light Sentences Too Harsh a. Beginning court on time. 4 3 2 1 0 9 5 4 3 2 1 0 1 2 3 4 5 b. Maintaining appropriate control over proceedings. 4 3 2 1 0 9 c. Setting reasonable schedules for cases. 4 3 2 1 0 9 d. Being prepared for his/her cases. 4 3 2 1 0 9 Though your name will never be associated with your answers, because the judge will e. Managing court proceedings so that there is see a typed transcript of the comments that you and others write, it is important that little wasted time. 4 3 2 1 0 9 you do not include information in the comments below that would unintentionally identify you as the author. 8. What would you say are Judge [Last Name]’s strengths? DK ___________________________________________________________ 5. Application of Law: A B C D F N/A ___________________________________________________________ a. Giving reasons for rulings. 4 3 2 1 0 9 ___________________________________________________________ b. Willing to make decision without regard to ___________________________________________________________ possible outside pressure. 4 3 2 1 0 9 ___________________________________________________________ c. Being able to identify and analyze relevant facts. 4 3 2 1 0 9 ___________________________________________________________ Continued on Back Page

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• 2012 evaluation on OJPE · scraped Apr 17, 2026