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David A. Cole

Trial Court · Pueblo · Pueblo

Meets Standards(Retain)4 cycles on record

Evaluation history

  • 2006 retention cycle
    Trial Court · Pueblo · Pueblo
    Meets Standards(Retain)
    Reports: 2006 Retention Survey Report Need an accessible PDF Document version? Please click on the link below and email our staff Contact Us The Tenth Judicial District Commission on Judicial Performance recommends that Judge David A. Cole BE RETAINED. Ten commission members participated in the process and all ten voted for retention. Judge David A. Cole was admitted to the practice of law in 1973. He was a deputy in the office of the Pueblo District Attorney for a period of time and was in private practice until appointed to the Pueblo County Court bench in 1988. Judge Cole was appointed to the Pueblo District Court bench in 1997. Judge Cole presides over civil, criminal, domestic, and juvenile cases. Surveys were conducted to evaluate the performance of Judge Cole. Responses were received from members of law enforcement, attorneys, litigants, jurors, criminal defendants, courthouse personnel, and victims of crimes. All ten of the commission members received the results of these surveys to review. The commission interviewed personnel from various agencies and other professionals who work with the judge on a regular basis. As part of the retention process, the ten member commission was required to observe Judge Cole's courtroom and hold an interview with the Judge. In the surveys and interviews held, Judge Cole received high marks for being fair, easy to approach, showing equality to all regardless of race, gender, age or economic circumstances. He was praised for making every effort to correctly and fairly apply the law. In addition, the responses indicated that Judge Cole handles his docket in a timely manner, even with the increased case load. He always demands that respect be shown in the courtroom and for the legal process. Of the attorneys surveyed, eighty-nine percent (89%) recommended to retain. Of non-attorneys surveyed, eighty-five percent (85%) recommended retention. From personal observation in Judge Cole's courtroom, the commission observed that Judge Cole is thoughtful and concise; he listens intently, takes notes, and repeats back what he has heard. The commission observed him to be a thorough and non-nonsense Judge. His directives and rulings are clearly stated. The Commission finds Judge Cole to be conscientious with a willingness to continue to improve and serve as District Judge for Pueblo County. The Tenth Judicial District Commission on Judicial Performance recommends that Judge Cole be retained.
  • 2000 retention cycle
    Trial Court · Pueblo · Pueblo
    Meets Standards(Retain)
    VotersRetained· 77.3% yes
    37,143 yes · 10,884 no50% needed to retain
    Retention Year: 2000 Recommendation: Retain The Tenth Judicial District Commission on Judicial Performance recommends that Judge David A. Cole BE RETAINED. Nine commission members participated in the deliberation. Judge David Alan Cole was admitted to the practice of law in 1973. He was a deputy in the office of the Pueblo District Attorney for a period of time and was in private practice until appointed to the Pueblo County Court bench in 1988. Judge Cole was appointed to the Pueblo District Court bench in 1997. Judge Cole presides over civil, domestic relations, mental health, criminal and juvenile and probate cases. A survey conducted to evaluate the performance of Judge Cole sought responses from members of law enforcement, attorneys, litigants, jurors, criminal defendants, courthouse personnel and crime victims. Responses were received from all of the above, interviews were conducted among professionals who work with the judge on a regular basis, and a public meeting was held. Of non-attorneys surveyed, 81% recommended that Judge Cole be retained, 12% recommended that he not be retained, and 7% had no opinion. Of the attorneys surveyed, 75% recommended that Judge Cole be retained, 19% recommended that he not be retained, and 6% had no opinion. In survey, interview and public hearing responses Judge Cole received high marks for equal treatment of parties regardless of race, gender or age. He was praised for his hard work, enthusiasm for the job and fair treatment of attorneys and litigants along with good management of the court docket and knowledge of court rules and knowledge of the law. In addition, the responses indicated that Judge Cole was dignified in conducting court proceedings, possessed a good professional demeanor and demonstrated good organization and efficiency. Some respondents were concerned about Judge Cole's management rules concerning talking in the courtroom and his uneven displays of judicial temperament. The Commission finds Judge Cole to be confident, conscientious, and have a positive attitude toward his profession with a consistent willingness to improve. The Tenth Judicial District Commission on Judicial Performance recommends that Judge Cole be retained.
  • 1994 retention cycle
    Trial Court · Pueblo · Pueblo
    Meets Standards(Retain)
    Retention Year: 1994 Recommendation: Retain Judge David A. Cole was admitted to the practice of law in 1973. He was a deputy in the office of the Pueblo District Attorney for a period of time and was in private practice thereafter until appointed to the Pueblo County Court Bench in 1988. His caseload includes civil matters of limited jurisdiction, misdemeanor cases, criminal and traffic cases, and cases involving domestic violence. A survey conducted to evaluation the performance of Judge Cole sought response from members of law enforcement, attorneys, litigants, jurors and courthouse personnel. Only two juror responses were received. No litigant responses were received. Some of the responses to the survey suggested that Judge Cole needs to better utilize his staff and to delegate more administrative responsibilities. The overwhelming majority of the response, however, praised Judge Cole for his hard work, enthusiasm for the job, treatment of attorneys and litigants and his knowledge of the law and sense of fairness. It is clear for the responses received that Judge Cole is one of the most highly regarded judge in the Tenth Judicial District. Of the persons responding to the survey, it was strongly recommended that Judge Cole be retained. The Tenth Judicial District Commission on Judicial Performance recommends that Judge David A. Cole BE RETAINED.
  • 1990 retention cycle
    Trial Court · Pueblo · Pueblo
    Meets Standards(Retain)
    Retention Year: 1990 Recommendation: Retain Judicial Performance Commission’s recommendation: Should Be Retained. Judge Cole began the practice of law in 1973. He served as a deputy district attorney in the Pueblo District Attorney’s Office and also worked as an assistant city attorney for the City of Pueblo. He maintained a private law practice in Pueblo for several years before being appointed to the bench. Cole serves in Division 3 of the Pueblo County Court. As a County Court judge, he presides over misdemeanor criminal cases and traffic offenses. He also handles civil cases where the amount of the dispute is less than $5,000. Cole has also served as an acting District Court judge to temporarily fill vacancies. While serving as a District Court judge, he presided over criminal, civil and domestic cases including juvenile and mental health matters. Cole was uniformly praised for his courtesy to all people with whom he has contact as a judge. One hundred percent of the people who responded to the survey recommended he be retained.

Surveys & reports

  • 2006 cycle
    • 2006 Retention Survey Report(PDF on OJPE)
      Read full retention survey textexpand
      ## Page 1 State of Colorado Logo COMMISSION ON JUDICIAL PERFORMANCE TThhee HHoonnoorraabbllee DDaavviidd AA.. CCoollee 2006 Judicial Performance Survey 10th Judicial District ## Page 2 April 26, 2006 The Honorable David A. Cole Pueblo County Judicial Bldg. 320 West 10th St. Pueblo, CO 81003 Dear Judge Cole: Every two years the Colorado Judicial Performance Commission conducts a survey of people who have been in the courtroom of judges who face a retention vote in the next general election. The 2006 survey was conducted by Talmey-Drake Research & Strategy, Inc., who attempted to contact over 75,000 people who had been in these courtrooms in one capacity or another. Over 21,000 people responded—4,600 to the attorney survey and 17,000 to the non-attorney survey. This report contains the results of those who were in your courtroom and who responded to the survey. In addition to this introduction, the report is divided into four main sections: · Attorney Results & Comments: This section contains graphs displaying the average grade you received overall (the combined average from questions 1a through 5e), each section and each question. Following the graphs, are a series of tables showing the percentage distribution of responses to each question. Attorney respondents were also asked to comment about your performance. These comments have been transcribed, and in some instances redacted to eliminate respondent identifying information. A copy of the attorney questionnaire is at the back of this report. · Non-attorney Results & Comments: Similar to the Attorney section, this portion of the report contains graphs (again including the overall average of questions 1a through 5c on the non-attorney questionnaire), the percentage distribution of responses by non-attorneys to each substantive question in the survey. The non-attorney respondents were also asked to comment about your performance. Again, these comments have been transcribed, and in some instances redacted to eliminate respondent identifying information. A copy of the non-attorney questionnaire is also at the back of this report. · Methodology: The third section of the report discusses the methodology of the survey. · Questionnaires: And the final section provides copies of the questionnaires that were used. 100 Arap ahoe, Suite One, Boulder, CO 80302 Phone 303.443.5300 Fax 303.447.9386 ## Page 3 April, 26 2006 The Honorable David A. Cole 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, and for any other questions you might have about the survey please call the Director of the Colorado Judicial Performance Program, Jane Howell, at 303-837-3665. Best regards, Paul A. Talmey President enc: ## Page 4 AAttttoorrnneeyy SSuurrvveeyy ## Page 5 David A. Cole Attorney Survey Average Grades: Overall and by Section 3.1 Overall Average 3.4 3.4 3.2 Q1. Overall Case 3.4 Management 3.4 3.1 Q2. Overall App & 3.4 Knowldge of Law 3.3 3.6 Q3. Overall 3.6 Communications 3.6 3.0 Q4. Overall Demeanor 3.5 3.5 3.1 Q5. Overall Diligence 3.4 3.4 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade David A. Cole District Judges All Trial Judges Judicial Performance Survey 2006 Page 1 ## Page 6 David A. Cole Attorney Survey Average Grades: Case Management 3.2 Q1. Overall Case Management 3.4 3.4 3.3 1a. Promptly making rulings 3.6 during trial 3.6 3.5 1b. Beginning court on time 3.5 3.4 3.2 1c. Allotting appropriate 3.3 amount of time for cases 3.3 3.1 1d. Keeping cases moving 3.3 according to schedule 3.3 2.7 1e. [Civil only] Assisting 3.1 parties to reach agreement 3.2 3.3 1f. Maintaining appropriate 3.5 control over proceedings 3.5 3.2 1g. Promptly ruling on pre-trial 3.3 motions 3.3 3.4 1h. Promptly issuing a 3.4 decision on the case after trial 3.5 3.3 1i. Setting reasonable 3.3 schedules for cases 3.3 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade David A. Cole District Judges All Trial Judges Judicial Performance Survey 2006 Page 2 ## Page 7 David A. Cole Attorney Survey Average Grades: Application and Knowledge of Law 3.1 Q2. Overall App & Knowldge of 3.4 Law 3.3 3.3 2a. Basing decisions on 3.3 evidence and arguments 3.3 3.4 2b. Giving reasons for rulings 3.4 3.4 3.0 2c. [Civil only] Issuing written 3.3 findings of fact and law 3.2 3.1 2d. Willing to reconsider error 3.0 in fact or law 3.0 2.8 2e. Having knowledge of 3.3 relevant substantive law 3.3 3.1 2f. Having knowledge of rules 3.5 of procedure and evidence 3.4 3.1 2g. Being able to identify and 3.4 analyze relevant facts 3.4 2h. [Criminal only] Issuing 3.3 consistent sentences when 3.3 the circumstances are similar 3.3 2i. Willing to make decision 2.8 without regard to possible 3.4 criticism 3.4 3.0 2j. Making decisions without 3.5 fear of being appealed 3.4 1.0 1.5 2.0 2.5 3.0 3.5 4.0 David A. Cole Average Grade District Judges All Trial Judges Judicial Performance Survey 2006 Page 3 ## Page 8 David A. Cole Attorney Survey Average Grades: Communications 3.6 Q3. Overall Communications 3.6 3.6 3.7 3a. Speaking clearly 3.7 3.6 3.4 3b. Making sure all participants understand the 3.6 proceedings 3.6 3.6 3c. Using understandable 3.7 language 3.7 3.6 3d. Providing written communications that are 3.4 clear, thorough and well reasoned 3.4 1.0 1.5 2.0 2.5 3.0 3.5 4.0 David A. Cole District Judges Average Grade All Trial Judges Judicial Performance Survey 2006 Page 4 ## Page 9 David A. Cole Attorney Survey Average Grades: Demeanor 3.0 Q4. Overall Demeanor 3.5 3.5 3.2 4a. Giving proceedings a 3.6 sense of dignity 3.6 2.6 4b. Treating everyone 3.5 involved politely 3.5 2.8 4c. Having empathy with the 3.3 parties involved 3.3 2.8 4d. Treating participants with 3.5 respect 3.5 3.1 4e. Presenting a neutral 3.4 presence on the bench 3.4 3.2 4f. Being consistent in 3.5 [his/her] behavior 3.5 4g. Conducting [his/her] 3.0 courtroom in a neutral 3.4 manner 3.4 3.1 4h. Giving all participants an 3.6 opportunity to be heard 3.5 3.1 4i. Consistently applying laws 3.4 and rules 3.4 3.4 4j. Not engaging in ex parte 3.7 communications 3.6 2.9 4k. Treating pro se parties 3.6 fairly 3.6 1.0 1.5 2.0 2.5 3.0 3.5 4.0 David A. Cole District Judges Average Grade All Trial Judges Judicial Performance Survey 2006 Page 5 ## Page 10 David A. Cole Attorney Survey Average Grades: Diligence 3.1 Q5. Overall Diligence 3.4 3.4 3.3 5a. Making tough decisions 3.4 when necessary 3.4 3.1 5b. Using good judgment in application of relevant law and 3.3 rules 3.3 2.9 5c. Doing the necessary 'homework' and being 3.4 prepared for [his/her] cases 3.4 3.1 5d. Being willing to handle cases on the docket even 3.5 when they are complicated and time consuming 3.5 3.1 5e. Providing prompt access to the court in emergency 3.5 matters 3.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 David A. Cole District Judges Average Grade All Trial Judges Judicial Performance Survey 2006 Page 6 ## Page 11 David A. Cole Attorney Survey Q6. Average: How biased do you think Judge Cole is toward the defense or prosecution? David A. Cole 0.7 District Judges 0.8 All Trial Judges 0.8 5 4 3 2 1 0 1 2 3 4 5 ç Defense Prosecution è Judicial Performance Survey 2006 Page 7 ## Page 12 David A. Cole Attorney Survey Q7. Average: How lenient or how harsh are Judge Cole's sentences? David A. Cole -0.2 District Judges 0.5 All Trial Judges 0.5 5 4 3 2 1 0 1 2 3 4 5 ç Lenient Harsh è Judicial Performance Survey 2006 Page 8 ## Page 13 David A. Cole Attorney Survey Retention Recommendation 90% 80% 78% 77% 75% 74% 71% 70% 67% 60% 50% 40% 30% 20% 18% 17% 14% 13%13% 13% 10% 6% 6% 6% 6% 6% 5%5% 5%5% 4%4% 4%4% 4%4% 0% Str o n gl y n ot r et ai n m e w h at n ot r et ai n U n d e ci d e d S o m e w h at r et ai n Str o n gl y r et ai n Str o n gl y n ot r et ai n m e w h at n ot r et ai n S o m e w h at r et ai n Str o n gl y r et ai n o o S S Judge Cole Including Undecided D i s t r ic t J u d g e s Excluding Undecided All Trial Judges Judicial Performance Survey 2006 Page 9 ## Page 14 David A. Cole Attorney Survey 1a. How would you grade Judge Cole on "Promptly making rulings during trial?" Judge District All Trial Cole Judges 2006 Judges 2006 A 42% 59% 56% B 47% 20% 21% C 5% 5% 5% D 5% 1% 1% Fail 1% 1% No Grade 14% 17% Average 3.3 3.6 3.6 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 1 ## Page 15 David A. Cole Attorney Survey 1b. How would you grade Judge Cole on "Beginning court on time?" Judge District All Trial Cole Judges 2006 Judges 2006 A 63% 61% 56% B 26% 26% 28% C 5% 7% 9% D 5% 2% 3% Fail 1% 2% No Grade 3% 2% Average 3.5 3.5 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2006 Page 2 ## Page 16 David A. Cole Attorney Survey 1c. How would you grade Judge Cole on "Allotting appropriate amount of time for cases?" Judge District All Trial Cole Judges 2006 Judges 2006 A 32% 51% 51% B 58% 28% 29% C 11% 12% 11% D 4% 3% Fail 2% 2% No Grade 4% 4% Average 3.2 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2006 Page 3 ## Page 17 David A. Cole Attorney Survey 1d. How would you grade Judge Cole on "Keeping cases moving according to schedule?" Judge District All Trial Cole Judges 2006 Judges 2006 A 26% 51% 53% B 53% 30% 31% C 21% 9% 9% D 3% 3% Fail 2% 2% No Grade 4% 3% Average 3.1 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2006 Page 4 ## Page 18 David A. Cole Attorney Survey 1e. How would you grade Judge Cole on "[Civil only] Assisting parties to reach agreement?" Judge District All Trial Cole Judges 2006 Judges 2006 A 13% 27% 27% B 25% 20% 18% C 31% 9% 7% D 3% 2% Fail 2% 1% No Grade 31% 40% 43% Average 2.7 3.1 3.2 Letter Grade B- B B Judicial Performance Survey 2006 Page 5 ## Page 19 David A. Cole Attorney Survey 1f. How would you grade Judge Cole on "Maintaining appropriate control over proceedings?" Judge District All Trial Cole Judges 2006 Judges 2006 A 42% 65% 63% B 53% 23% 25% C 7% 7% D 5% 3% 2% Fail 1% 1% No Grade 2% 2% Average 3.3 3.5 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 6 ## Page 20 David A. Cole Attorney Survey 1g. How would you grade Judge Cole on "Promptly ruling on pre-trial motions?" Judge District All Trial Cole Judges 2006 Judges 2006 A 32% 46% 44% B 47% 26% 25% C 16% 10% 8% D 3% 2% Fail 2% 1% No Grade 5% 13% 19% Average 3.2 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2006 Page 7 ## Page 21 David A. Cole Attorney Survey 1h. How would you grade Judge Cole on "Promptly issuing a decision on the case after trial?" Judge District All Trial Cole Judges 2006 Judges 2006 A 47% 48% 48% B 26% 21% 21% C 16% 6% 5% D 2% 2% Fail 1% 1% No Grade 11% 21% 24% Average 3.4 3.4 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2006 Page 8 ## Page 22 David A. Cole Attorney Survey 1i. How would you grade Judge Cole on "Setting reasonable schedules for cases?" Judge District All Trial Cole Judges 2006 Judges 2006 A 37% 49% 50% B 53% 30% 30% C 11% 11% 9% D 4% 3% Fail 2% 1% No Grade 5% 6% Average 3.3 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2006 Page 9 ## Page 23 David A. Cole Attorney Survey 2a. How would you grade Judge Cole on "Basing decisions on evidence and arguments?" Judge District All Trial Cole Judges 2006 Judges 2006 A 58% 56% 53% B 21% 25% 27% C 16% 9% 9% D 5% 4% 4% Fail 2% 3% No Grade 3% 4% Average 3.3 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2006 Page 10 ## Page 24 David A. Cole Attorney Survey 2b. How would you grade Judge Cole on "Giving reasons for rulings?" Judge District All Trial Cole Judges 2006 Judges 2006 A 58% 60% 57% B 32% 24% 25% C 5% 8% 9% D 5% 3% 4% Fail 1% 2% No Grade 3% 4% Average 3.4 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2006 Page 11 ## Page 25 David A. Cole Attorney Survey 2c. How would you grade Judge Cole on "[Civil only] Issuing written findings of fact and law?" Judge District All Trial Cole Judges 2006 Judges 2006 A 24% 37% 28% B 35% 17% 15% C 12% 6% 6% D 6% 3% 2% Fail 1% 2% No Grade 24% 35% 48% Average 3.0 3.3 3.2 Letter Grade B B B Judicial Performance Survey 2006 Page 12 ## Page 26 David A. Cole Attorney Survey 2d. How would you grade Judge Cole on "Willing to reconsider error in fact or law?" Judge District All Trial Cole Judges 2006 Judges 2006 A 37% 28% 29% B 37% 21% 20% C 16% 10% 9% D 5% 5% 4% Fail 4% 4% No Grade 5% 33% 33% Average 3.1 3.0 3.0 Letter Grade B B B Judicial Performance Survey 2006 Page 13 ## Page 27 David A. Cole Attorney Survey 2e. How would you grade Judge Cole on "Having knowledge of relevant substantive law?" Judge District All Trial Cole Judges 2006 Judges 2006 A 21% 55% 52% B 53% 28% 30% C 16% 10% 9% D 11% 4% 4% Fail 2% 2% No Grade 2% 3% Average 2.8 3.3 3.3 Letter Grade B- B B Judicial Performance Survey 2006 Page 14 ## Page 28 David A. Cole Attorney Survey 2f. How would you grade Judge Cole on "Having knowledge of rules of procedure and evidence?" Judge District All Trial Cole Judges 2006 Judges 2006 A 26% 61% 58% B 53% 26% 27% C 21% 7% 8% D 2% 3% Fail 1% 2% No Grade 2% 3% Average 3.1 3.5 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 15 ## Page 29 David A. Cole Attorney Survey 2g. How would you grade Judge Cole on "Being able to identify and analyze relevant facts?" Judge District All Trial Cole Judges 2006 Judges 2006 A 37% 61% 57% B 42% 23% 27% C 16% 8% 8% D 5% 4% 3% Fail 2% 2% No Grade 3% 3% Average 3.1 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 16 ## Page 30 David A. Cole Attorney Survey 2h. How would you grade Judge Cole on "[Criminal only] Issuing consistent sentences when the circumstances are similar?" Judge District All Trial Cole Judges 2006 Judges 2006 A 24% 26% 33% B 41% 16% 20% C 6% 6% 6% D 2% 2% Fail 1% 2% No Grade 29% 49% 37% Average 3.3 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2006 Page 17 ## Page 31 David A. Cole Attorney Survey 2i. How would you grade Judge Cole on "Willing to make decision without regard to possible criticism?" Judge District All Trial Cole Judges 2006 Judges 2006 A 26% 55% 53% B 37% 21% 22% C 21% 8% 8% D 11% 3% 3% Fail 2% 2% No Grade 5% 12% 12% Average 2.8 3.4 3.4 Letter Grade B- B+ B+ Judicial Performance Survey 2006 Page 18 ## Page 32 David A. Cole Attorney Survey 2j. How would you grade Judge Cole on "Making decisions without fear of being appealed?" Judge District All Trial Cole Judges 2006 Judges 2006 A 42% 57% 54% B 26% 20% 22% C 11% 6% 7% D 16% 2% 2% Fail 1% 2% No Grade 5% 13% 14% Average 3.0 3.5 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 19 ## Page 33 David A. Cole Attorney Survey 3a. How would you grade Judge Cole on "Speaking clearly?" Judge District All Trial Cole Judges 2006 Judges 2006 A 68% 75% 73% B 32% 19% 20% C 4% 4% D 1% 1% Fail 1% No Grade 1% 1% Average 3.7 3.7 3.6 Letter Grade A- A- B+ Judicial Performance Survey 2006 Page 20 ## Page 34 David A. Cole Attorney Survey 3b. How would you grade Judge Cole on "Making sure all participants understand the proceedings?" Judge District All Trial Cole Judges 2006 Judges 2006 A 63% 72% 71% B 26% 20% 20% C 5% 5% 5% D 2% 2% Fail 5% 1% 1% No Grade 2% 1% Average 3.4 3.6 3.6 Letter Grade B+ B+ B+ Judicial Performance Survey 2006 Page 21 ## Page 35 David A. Cole Attorney Survey 3c. How would you grade Judge Cole on "Using understandable language?" Judge District All Trial Cole Judges 2006 Judges 2006 A 63% 75% 74% B 37% 20% 20% C 3% 4% D 1% 1% Fail No Grade 1% 1% Average 3.6 3.7 3.7 Letter Grade B+ A- A- Judicial Performance Survey 2006 Page 22 ## Page 36 David A. Cole Attorney Survey 3d. How would you grade Judge Cole on "Providing written communications that are clear, thorough and well reasoned?" Judge District All Trial Cole Judges 2006 Judges 2006 A 60% 55% 55% B 40% 23% 23% C 6% 6% D 3% 3% Fail 1% 1% No Grade 12% 12% Average 3.6 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2006 Page 23 ## Page 37 David A. Cole Attorney Survey 4a. How would you grade Judge Cole on "Giving proceedings a sense of dignity?" Judge District All Trial Cole Judges 2006 Judges 2006 A 47% 73% 69% B 37% 18% 20% C 5% 5% 6% D 5% 2% 2% Fail 5% 1% 2% No Grade 1% 1% Average 3.2 3.6 3.6 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 24 ## Page 38 David A. Cole Attorney Survey 4b. How would you grade Judge Cole on "Treating everyone involved politely?" Judge District All Trial Cole Judges 2006 Judges 2006 A 26% 72% 70% B 37% 16% 17% C 16% 5% 6% D 16% 3% 3% Fail 5% 2% 3% No Grade 1% 1% Average 2.6 3.5 3.5 Letter Grade C+ B+ B+ Judicial Performance Survey 2006 Page 25 ## Page 39 David A. Cole Attorney Survey 4c. How would you grade Judge Cole on "Having empathy with the parties involved?" Judge District All Trial Cole Judges 2006 Judges 2006 A 32% 59% 59% B 37% 20% 22% C 16% 10% 9% D 11% 5% 5% Fail 5% 2% 3% No Grade 4% 3% Average 2.8 3.3 3.3 Letter Grade B- B B Judicial Performance Survey 2006 Page 26 ## Page 40 David A. Cole Attorney Survey 4d. How would you grade Judge Cole on "Treating participants with respect?" Judge District All Trial Cole Judges 2006 Judges 2006 A 32% 71% 69% B 42% 16% 18% C 11% 6% 6% D 11% 3% 3% Fail 5% 2% 3% No Grade 1% 1% Average 2.8 3.5 3.5 Letter Grade B- B+ B+ Judicial Performance Survey 2006 Page 27 ## Page 41 David A. Cole Attorney Survey 4e. How would you grade Judge Cole on "Presenting a neutral presence on the bench?" Judge District All Trial Cole Judges 2006 Judges 2006 A 42% 66% 63% B 37% 18% 19% C 11% 7% 8% D 11% 5% 5% Fail 3% 4% No Grade 1% 1% Average 3.1 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 28 ## Page 42 David A. Cole Attorney Survey 4f. How would you grade Judge Cole on "Being consistent in [his/her] behavior?" Judge District All Trial Cole Judges 2006 Judges 2006 A 42% 67% 64% B 42% 20% 21% C 5% 6% 7% D 11% 3% 3% Fail 2% 2% No Grade 3% 2% Average 3.2 3.5 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 29 ## Page 43 David A. Cole Attorney Survey 4g. How would you grade Judge Cole on "Conducting [his/her] courtroom in a neutral manner?" Judge District All Trial Cole Judges 2006 Judges 2006 A 42% 65% 63% B 32% 18% 19% C 16% 8% 8% D 5% 4% 4% Fail 5% 3% 3% No Grade 2% 1% Average 3.0 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 30 ## Page 44 David A. Cole Attorney Survey 4h. How would you grade Judge Cole on "Giving all participants an opportunity to be heard?" Judge District All Trial Cole Judges 2006 Judges 2006 A 53% 71% 69% B 26% 18% 19% C 5% 6% 6% D 11% 3% 2% Fail 5% 1% 2% No Grade 1% 1% Average 3.1 3.6 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 31 ## Page 45 David A. Cole Attorney Survey 4i. How would you grade Judge Cole on "Consistently applying laws and rules?" Judge District All Trial Cole Judges 2006 Judges 2006 A 42% 61% 59% B 32% 21% 23% C 21% 8% 8% D 5% 4% 4% Fail 2% 2% No Grade 5% 4% Average 3.1 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 32 ## Page 46 David A. Cole Attorney Survey 4j. How would you grade Judge Cole on "Not engaging in ex parte communications?" Judge District All Trial Cole Judges 2006 Judges 2006 A 58% 66% 63% B 26% 13% 15% C 16% 3% 3% D 1% 1% Fail 1% 1% No Grade 16% 16% Average 3.4 3.7 3.6 Letter Grade B+ A- B+ Judicial Performance Survey 2006 Page 33 ## Page 47 David A. Cole Attorney Survey 4k. How would you grade Judge Cole on "Treating pro se parties fairly?" Judge District All Trial Cole Judges 2006 Judges 2006 A 37% 48% 52% B 21% 11% 13% C 5% 3% 4% D 5% 1% 2% Fail 11% 1% 1% No Grade 21% 36% 28% Average 2.9 3.6 3.6 Letter Grade B- B+ B+ Judicial Performance Survey 2006 Page 34 ## Page 48 David A. Cole Attorney Survey 5a. How would you grade Judge Cole on "Making tough decisions when necessary?" Judge District All Trial Cole Judges 2006 Judges 2006 A 47% 57% 52% B 32% 21% 23% C 11% 8% 8% D 5% 3% 3% Fail 2% 2% No Grade 5% 10% 12% Average 3.3 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 35 ## Page 49 David A. Cole Attorney Survey 5b. How would you grade Judge Cole on "Using good judgment in application of relevant law and rules?" Judge District All Trial Cole Judges 2006 Judges 2006 A 42% 55% 53% B 37% 26% 27% C 11% 9% 9% D 11% 4% 4% Fail 3% 3% No Grade 3% 4% Average 3.1 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2006 Page 36 ## Page 50 David A. Cole Attorney Survey 5c. How would you grade Judge Cole on "Doing the necessary 'homework' and being prepared for [his/her] cases?" Judge District All Trial Cole Judges 2006 Judges 2006 A 32% 59% 53% B 37% 23% 26% C 21% 8% 9% D 11% 3% 3% Fail 1% 2% No Grade 5% 7% Average 2.9 3.4 3.4 Letter Grade B- B+ B+ Judicial Performance Survey 2006 Page 37 ## Page 51 David A. Cole Attorney Survey 5d. How would you grade Judge Cole on "Being willing to handle cases on the docket even when they are complicated and time consuming?" Judge District All Trial Cole Judges 2006 Judges 2006 A 37% 58% 53% B 42% 19% 21% C 5% 7% 7% D 11% 2% 2% Fail 1% 1% No Grade 5% 13% 15% Average 3.1 3.5 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 38 ## Page 52 David A. Cole Attorney Survey 5e. How would you grade Judge Cole on "Providing prompt access to the court in emergency matters?" Judge District All Trial Cole Judges 2006 Judges 2006 A 21% 43% 41% B 42% 16% 16% C 5% 5% 5% D 5% 2% 1% Fail 1% 1% No Grade 26% 33% 36% Average 3.1 3.5 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 39 ## Page 53 David A. Cole Attorney Survey 6. How biased do you think Judge Cole is towards the defense or the prosecution? Judge District All Trial Cole Judges 2006 Judges 2006 5 3% 3% 4 5% 5% 3 8% 8% 7% 2 15% 11% 11% 1 23% 17% 18% 46% 46% 47% -1 8% 5% 4% -2 3% 2% -3 2% 2% -4 1% 1% -5 Average 0.7 0.8 0.8 noitucesorP drawoT esnefeD drawoT Ý 0 Neutral ß Judicial Performance Survey 2006 Page 40 ## Page 54 David A. Cole Attorney Survey 7. How lenient or harsh do you think the sentences handed down by Judge Cole are? Judge District All Trial Cole Judges 2006 Judges 2006 5 2% 2% 4 4% 4% 3 6% 5% 2 8% 9% 9% 1 15% 16% 15% 46% 48% 55% -1 15% 6% 3% -2 15% 4% 3% -3 3% 2% -4 1% 1% -5 1% 1% Average -0.2 0.5 0.5 hsraH thgiL Ý 0 Appropriate ß Judicial Performance Survey 2006 Page 41 ## Page 55 David A. Cole Attorney Survey 12. Do you recommend that Judge Cole be retained in office or not be retained in office? Judge District All Trial Cole Judges 2006 Judges 2006 Strongly Recommend 71% 78% 77% Retain in office Somewhat Recommend 18% 13% 14% Retain in office Somewhat Recommend Not 6% 4% 4% Retain in office Strongly Recommend Not Retain in office 6% 5% 5% Judicial Performance Survey 2006 Page 42 ## Page 56 NNoonn AAttttoorrnneeyy SSuurrvveeyy ## Page 57 David A. Cole Non Attorney Survey Average Grades: Overall and by Section 3.2 Overall Average 3.6 3.5 3.1 Q1. Overall Demeanor 3.6 3.5 3.1 Q2. Overall Fairness 3.6 3.5 3.4 Q3. Overall 3.7 Communications 3.6 3.3 Q4. Overall Diligence 3.5 3.5 3.2 Q5. Overall Application 3.5 of Law 3.4 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade David A. Cole District Judges All Trial Judges Judicial Performance Survey 2006 Page 1 ## Page 58 David A. Cole Non Attorney Survey Average Grades: Demeanor 3.1 Q1. Overall Demeanor 3.6 3.5 3.3 1a. Giving court proceedings a 3.6 sense of dignity 3.5 3.1 1b. Treating participants 3.6 politely and with respect 3.5 3.2 1c. Conducting [his/her] courtroom in a neutral 3.6 manner 3.5 2.9 1d. Having a sense of compassion and human 3.5 understanding for those who appear before the judge 3.4 1.0 1.5 2.0 2.5 3.0 3.5 4.0 David A. Cole District Judges Average Grade All Trial Judges Judicial Performance Survey 2006 Page 2 ## Page 59 David A. Cole Non Attorney Survey Average Grades: Fairness 3.1 Q2. Overall Fairness 3.6 3.5 3.0 2a. Giving participants an 3.6 opportunity to be heard 3.5 3.1 2b. Treating those involved 3.6 with the case without bias 3.5 2.9 2c. Treating fairly people who 3.6 represent themselves 3.4 3.2 2d. Giving each side enough time to present his or her 3.6 case 3.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 David A. Cole Average Grade District Judges All Trial Judges Judicial Performance Survey 2006 Page 3 ## Page 60 David A. Cole Non Attorney Survey Average Grades: Communications 3.4 Q3. Overall Communications 3.7 3.6 3.3 3a. Making sure all participants understand the 3.7 proceedings, and what's going on in the courtroom 3.6 3.4 3b. Using language that 3.7 everyone can understand 3.6 3.5 3c. Speaking clearly so everyone in the courtroom 3.7 can hear what's being said 3.6 1.0 1.5 2.0 2.5 3.0 3.5 4.0 David A. Cole Average Grade District Judges All Trial Judges Judicial Performance Survey 2006 Page 4 ## Page 61 David A. Cole Non Attorney Survey Average Grades: Diligence 3.3 Q4. Overall Diligence 3.5 3.5 3.2 4a. Beginning court on time 3.4 3.3 3.5 4b. Maintaining appropriate 3.7 control over proceedings 3.6 3.3 4c. Setting reasonable 3.5 schedules for cases 3.5 3.5 4d. Being prepared for 3.6 [his/her] cases 3.6 3.2 4e. Managing court proceedings so that there is 3.5 little wasted time 3.4 1.0 1.5 2.0 2.5 3.0 3.5 4.0 David A. Cole District Judges Average Grade All Trial Judges Judicial Performance Survey 2006 Page 5 ## Page 62 David A. Cole Non Attorney Survey Average Grades: Application and Knowledge of Law 3.2 Q5. Overall App of Law 3.5 3.4 3.3 5a. Giving reasons for rulings 3.5 3.4 3.3 5b. Willing to make decision without regard to possible 3.6 outside pressure 3.5 3.2 5c. Being able to identify and 3.6 analyze relevant facts 3.4 1.0 1.5 2.0 2.5 3.0 3.5 4.0 David A. Cole District Judges Average Grade All Trial Judges Judicial Performance Survey 2006 Page 6 ## Page 63 David A. Cole Non Attorney Survey Average: How biased do you think Judge Cole is toward the defense or prosecution? David A. Cole 0.2 District Judges 0.1 All Trial Judges 0.1 5 4 3 2 1 0 1 2 3 4 5 ç Defense Prosecution è Judicial Performance Survey 2006 Page 7 ## Page 64 David A. Cole Non Attorney Survey Average: How lenient or how harsh are Judge Cole's sentences? David A. Cole 0.3 District Judges 0.1 All Trial Judges 0.1 5 4 3 2 1 0 1 2 3 4 5 ç Lenient Harsh è Judicial Performance Survey 2006 Page 8 ## Page 65 David A. Cole Non Attorney Survey Retention Recommendation 100% 90% 86% 82% 81% 80% 75% 73% 70% 67% 60% 50% 40% 30% 20% 11% 11% 11% 11% 9% 10% 8% 8% 8% 7% 6% 6% 6% 6% 5% 5% 4% 4% 3% 3% 2% 2% 0% Str o n gl y n ot r et ai n m e w h at n ot r et ai n U n d e ci d e d S o m e w h at r et ai n Str o n gl y r et ai n Str o n gl y n ot r et ai n m e w h at n ot r et ai n S o m e w h at r et ai n Str o n gl y r et ai n o o S Judge Cole S District Judges Including Undecided Excluding Undecided All Trial Judges Judicial Performance Survey 2006 Page 9 ## Page 66 David A. Cole Non Attorney Survey 1a. How would you grade Judge Cole on "Giving proceedings a sense of dignity?" Judge All District All Trial Cole Judges 2006 Judges 2006 A 60% 76% 69% B 21% 16% 20% C 10% 4% 6% D 1% 1% 2% Fail 6% 2% 2% No Grade 2% 1% 1% Average 3.3 3.6 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 1 ## Page 67 David A. Cole Non Attorney Survey 1b. How would you grade Judge Cole on "Treating participants politely and with respect?" Judge All District All Trial Cole Judges 2006 Judges 2006 A 55% 78% 72% B 22% 14% 17% C 8% 4% 5% D 5% 2% 2% Fail 10% 2% 3% No Grade 1% 1% 1% Average 3.1 3.6 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 2 ## Page 68 David A. Cole Non Attorney Survey 1c. How would you grade Judge Cole on "Conducting [his/her] courtroom in a neutral manner?" Judge All District All Trial Cole Judges 2006 Judges 2006 A 57% 76% 70% B 21% 14% 17% C 10% 4% 5% D 7% 2% 3% Fail 4% 3% 3% No Grade 2% 1% 1% Average 3.2 3.6 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 3 ## Page 69 David A. Cole Non Attorney Survey 1d. How would you grade Judge Cole on "Having a sense of compassion and human understanding for those who appear before the judge?" Judge All District All Trial Cole Judges 2006 Judges 2006 A 50% 71% 66% B 20% 16% 18% C 7% 4% 6% D 5% 2% 3% Fail 14% 4% 5% No Grade 4% 2% 2% Average 2.9 3.5 3.4 Letter Grade B- B+ B+ Judicial Performance Survey 2006 Page 4 ## Page 70 David A. Cole Non Attorney Survey 2a. How would you grade Judge Cole on "Giving participants an opportunity to be heard?" Judge All District All Trial Cole Judges 2006 Judges 2006 A 54% 77% 71% B 21% 13% 16% C 5% 4% 5% D 5% 2% 3% Fail 13% 3% 3% No Grade 3% 2% 2% Average 3.0 3.6 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 5 ## Page 71 David A. Cole Non Attorney Survey 2b. How would you grade Judge Cole on "Treating those involved in the case without bias?" Judge All District All Trial Cole Judges 2006 Judges 2006 A 54% 75% 69% B 21% 13% 16% C 7% 3% 5% D 5% 2% 3% Fail 8% 4% 4% No Grade 5% 2% 3% Average 3.1 3.6 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 6 ## Page 72 David A. Cole Non Attorney Survey 2c. How would you grade Judge Cole on "Treating fairly people who represent themselves?" Judge All District All Trial Cole Judges 2006 Judges 2006 A 37% 47% 49% B 12% 8% 11% C 4% 2% 4% D 3% 1% 2% Fail 11% 3% 4% No Grade 34% 38% 30% Average 2.9 3.6 3.4 Letter Grade B- B+ B+ Judicial Performance Survey 2006 Page 7 ## Page 73 David A. Cole Non Attorney Survey 2d. How would you grade Judge Cole on "Giving each side enough time to present his or her case?" Judge All District All Trial Cole Judges 2006 Judges 2006 A 53% 75% 68% B 17% 13% 16% C 7% 4% 5% D 5% 2% 2% Fail 7% 3% 3% No Grade 10% 4% 5% Average 3.2 3.6 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 8 ## Page 74 David A. Cole Non Attorney Survey 3a. How would you grade Judge Cole on "Making sure participants understand the proceedings, and what's going on in the courtroom?" Judge All District All Trial Cole Judges 2006 Judges 2006 A 59% 77% 73% B 19% 14% 16% C 13% 4% 5% D 5% 2% 2% Fail 3% 1% 2% No Grade 2% 1% 1% Average 3.3 3.7 3.6 Letter Grade B A- B+ Judicial Performance Survey 2006 Page 9 ## Page 75 David A. Cole Non Attorney Survey 3b. How would you grade Judge Cole on "Using language that everyone can understand?" Judge All District All Trial Cole Judges 2006 Judges 2006 A 61% 78% 74% B 22% 14% 18% C 9% 4% 5% D 3% 1% 2% Fail 3% 1% 1% No Grade 3% 1% 1% Average 3.4 3.7 3.6 Letter Grade B+ A- B+ Judicial Performance Survey 2006 Page 10 ## Page 76 David A. Cole Non Attorney Survey 3c. How would you grade Judge Cole on "Speaking clearly so everyone in the courtroom can hear what's being said?" Judge All District All Trial Cole Judges 2006 Judges 2006 A 66% 79% 75% B 23% 14% 16% C 7% 4% 5% D 1% 1% 1% Fail 2% 1% 1% No Grade 1% 1% 1% Average 3.5 3.7 3.6 Letter Grade B+ A- B+ Judicial Performance Survey 2006 Page 11 ## Page 77 David A. Cole Non Attorney Survey 4a. How would you grade Judge Cole on "Beginning court on time?" Judge All District All Trial Cole Judges 2006 Judges 2006 A 42% 59% 55% B 35% 26% 26% C 15% 9% 10% D 4% 3% 3% Fail 1% 2% 3% No Grade 4% 2% 3% Average 3.2 3.4 3.3 Letter Grade B B+ B Judicial Performance Survey 2006 Page 12 ## Page 78 David A. Cole Non Attorney Survey 4b. How would you grade Judge Cole on "Maintaining appropriate control over proceedings?" Judge All District All Trial Cole Judges 2006 Judges 2006 A 66% 78% 72% B 21% 16% 18% C 6% 4% 5% D 5% 1% 2% Fail 1% 1% No Grade 2% 1% 2% Average 3.5 3.7 3.6 Letter Grade B+ A- B+ Judicial Performance Survey 2006 Page 13 ## Page 79 David A. Cole Non Attorney Survey 4c. How would you grade Judge Cole on "Setting reasonable schedules for cases?" Judge All District All Trial Cole Judges 2006 Judges 2006 A 49% 62% 58% B 19% 18% 19% C 11% 6% 6% D 4% 2% 2% Fail 3% 2% 2% No Grade 15% 11% 12% Average 3.3 3.5 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 14 ## Page 80 David A. Cole Non Attorney Survey 4d. How would you grade Judge Cole on "Being prepared for [his/her] cases?" Judge All District All Trial Cole Judges 2006 Judges 2006 A 64% 73% 67% B 17% 14% 17% C 6% 4% 5% D 2% 1% 2% Fail 4% 2% 2% No Grade 6% 6% 7% Average 3.5 3.6 3.6 Letter Grade B+ B+ B+ Judicial Performance Survey 2006 Page 15 ## Page 81 David A. Cole Non Attorney Survey 4e. How would you grade Judge Cole on "Managing court proceedings so that there is little wasted time?" Judge All District All Trial Cole Judges 2006 Judges 2006 A 55% 63% 61% B 20% 23% 23% C 11% 7% 8% D 5% 2% 3% Fail 4% 2% 3% No Grade 5% 3% 3% Average 3.2 3.5 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 16 ## Page 82 David A. Cole Non Attorney Survey 5a. How would you grade Judge Cole on "Giving reasons for rulings?" Judge All District All Trial Cole Judges 2006 Judges 2006 A 55% 67% 62% B 19% 16% 18% C 9% 5% 6% D 5% 2% 3% Fail 4% 3% 4% No Grade 8% 7% 7% Average 3.3 3.5 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 17 ## Page 83 David A. Cole Non Attorney Survey 5b. How would you grade Judge Cole on "Willing to make decision without regard to possible outside pressure?" Judge All District All Trial Cole Judges 2006 Judges 2006 A 55% 63% 58% B 14% 12% 14% C 3% 4% 5% D 6% 2% 2% Fail 5% 3% 3% No Grade 18% 17% 17% Average 3.3 3.6 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 18 ## Page 84 David A. Cole Non Attorney Survey 5c. How would you grade Judge Cole on "Being able to identify and analyze relevant facts?" Judge All District All Trial Cole Judges 2006 Judges 2006 A 56% 69% 64% B 18% 14% 16% C 7% 4% 5% D 4% 2% 3% Fail 7% 3% 4% No Grade 9% 8% 8% Average 3.2 3.6 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 19 ## Page 85 David A. Cole Non Attorney Survey 6. How biased do you think Judge Cole is towards the defense or the prosecution? Judge All District All Trial Cole Judges 2006 Judges 2006 5 4% 2% 2% 4 6% 1% 1% 3 1% 2% 2 3% 2% 3% 1 3% 4% 5% 76% 83% 78% -1 1% 3% 3% -2 1% 1% 2% -3 1% 1% -4 1% 1% 1% -5 5% 1% 2% Average 0.2 0.1 0.1 noitucesorP drawoT esnefeD drawoT Ý 0 Neutral ß Judicial Performance Survey 2006 Page 20 ## Page 86 David A. Cole Non Attorney Survey 7. How lenient or harsh do you think the sentences handed down by Judge Cole are? Judge All District All Trial Cole Judges 2006 Judges 2006 5 8% 3% 3% 4 6% 2% 2% 3 2% 2% 2% 2 2% 2% 3% 1 2% 3% 4% 62% 75% 71% -1 6% 5% 5% -2 9% 4% 4% -3 2% 2% 2% -4 3% 1% 1% -5 1% 2% Average 0.3 0.1 0.1 hsraH thgiL Ý 0 Appropriate ß Judicial Performance Survey 2006 Page 21 ## Page 87 David A. Cole Non Attorney Survey 12. Do you recommend that Judge Cole be retained in office or not be retained in office? Judge All District All Trial Cole Judges 2006 Judges 2006 Strongly Recommend 73% 86% 82% Retain in office Somewhat Recommend 11% 7% 9% Retain in office Somewhat Recommend Not 4% 2% 3% Retain in office Strongly Recommend Not Retain in office 11% 5% 6% Judicial Performance Survey 2006 Page 22 ## Page 88 MMeetthhooddoollooggyy ## Page 89 MMeetthhooddoollooggyy Sample: The Colorado Judicial Department provided Talmey-Drake Research & Strategy, Inc. with all the names and addresses of people from its ICON data base who in the previous 12 months had likely been in each judge’s courtroom who was up for retention in November 2006. These names and addresses where then supplemented from the Colorado District Attorney’s database (Blackstone system) and the databases of jurors, court employees and sheriff’s security. The data was then combined and cleaned. Where there were more than 400 potential respondents, a random sample was drawn. Included in the data cleaning was the identification of potential respondents in the sample who had appeared in more than two judges’ courtrooms. Due to concerns about respondent fatigue, no more than two questionnaires were intended to be sent to any one respondent—though there were a few instances where one respondent did receive more than two questionnaires. Where a person had been in more than two judges’ courtrooms, the selection criteria for which judges he or she would be sent questionnaires was generally: first, for the judge in whose courtroom the potential respondent had been in most often, and two, the judge with the smallest sample of the judges in whose courtroom the potential respondent had been in. Survey: Starting in October 2005, each person in the sample database was mailed an initial questionnaire and an introductory letter with a postage-paid return envelope. Those who did not respond to the first questionnaire were then sent a sent a second questionnaire and letter, and in some cases reminder postcards. During this process, the sample was augmented for judges with a particularly low number of completed questionnaires. Questionnaire: The questionnaire used in the 2006 Judicial Performance Survey asked respondents to use a grade of A, B, C, D, or F (Fail) to assess the judge’s performance in five different areas. For attorney these areas were Case Management, Application and Knowledge of Law, Communications, Demeanor and Diligence, and for non-attorney respondents the five were Demeanor, Fairness, Communications, Diligence and Application of Law. These scores were then converted to a numerical value where A = 4, B = 3, C = 2, D = 1 and Fail = 0. Copies of the questionnaires are included at the end of this report. Response: The response rate 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 & refusals, undeliverables and other responses. The table presents the overall response rate as well as the response rate by the different types of respondents. 1 ## Page 90 Refused/ Nonre- Unde- Response Attorney Respondents Total Sent Completed sponse livered Other Rate District Attorney 684 402 223 56 3 64.3% Attorney For Defendant 5,159 2,760 1895 490 14 59.3% Attorney for Plaintiff 1,925 1,023 689 206 7 59.8% Unknown Attorney Type 963 436 418 107 2 51.1% Attorney Total 8,731 4,621 3225 859 26 58.7% Refused/ Nonre- Unde- Response Non-Attny Respondents Total Sent Completed sponse livered Other Rate Law Enforcement 5,659 1,161 3,276 1,195 27 26.2% Employee 1,307 600 489 205 13 55.1% Defendant 31,391 3,658 17,494 10,124 115 17.3% Plaintiff 7,688 1,449 4,699 1,506 34 23.6% Juror 16,267 9,482 5,961 795 29 61.4% Other 4,061 401 2,342 1,281 37 14.6% Parole Officers 599 323 136 125 15 70.4% Non-attorney Total 66,972 17,074 34,397 15,231 270 33.0% Total 75,703 21,695 37,622 16,090 296 36.4% A similar table showing the response count and cooperation rate for your survey is provided at the end of this methodology section. Results: The results of the Survey are in two main sections: Attorney Respondents and Non-attorney Respondents. Within each main section are three subsections: graphs displaying average grades for each section and question, the percentage distribution of grades, and respondent comments. Graphs: The graphs visually display the overall average numerical grades received for all grade questions, each section and each question compared to averages for all district or county judges, and all trial judges for which 2006 surveys were conducted. Questions relating to bias toward the defense or prosecution, sentencing and retention recommendation are also graphed. 2 ## Page 91 Percentage Distribution of Grades: This section shows the percentage of each grade received on each question plus the bias, sentencing and retention questions. An average grade point for each graded question is computed and shown in the results section. A letter grade is also assigned to each grade point according to the following scale. A = 4.00 B = 3.00 to 3.33 C = 2.00 to 2.33 D = 1.00 to 1.33 A— = 3.68 to 3.99 B— = 2.67 to 2.99 C— = 1.67 to 1.99 D— = 0.67 to 0.99 B+ = 3.34 to 3.66 C+ = 2.34 to 2.66 D+ = 1.34 to 1.66 Fail = 0.00 to 0.67 This section also includes two comparative columns of results: one comparative column shows the results for that question for all county or district judges (as appropriate) surveyed in 2006, along with a second comparative column showing the results for all trial judges in the 2006 survey. Comments: Each respondent was encouraged to comment on the judge’s performance. This section contains those comments. Sampling All sample surveys are subject to what is known as sampling error—the Error: extent to which the results of the sample survey may differ from what would be obtained if the entire population being surveyed had been interviewed. The size of the sampling error is almost entirely due to the number of people interviewed for the survey and the variance of responses. The table below shows the extent of sampling error (95%-confidence interval) for various sizes of random samples and sample percentage results. Sample Size 25 50 100 150 200 300 Percentages near 10% or 90% ± 11.8% ± 8.3% ± 5.9% ± 4.8% ± 4.2% ± 3.4% Percentages near 20% or 80% ± 15.7% ± 11.1% ± 7.8% ± 6.4% ± 5.5% ± 4.5% Percentages near 30% or 70% ± 18.0% ± 12.7% ± 9.0% ± 7.3% ± 6.4% ± 5.2% Percentages near 40% or 60% ± 19.2% ± 13.6% ± 9.6% ± 7.8% ± 6.8% ± 5.5% Percentages near 50% ± 19.6% ± 13.9% ± 9.8% ± 8.0% ± 6.9% ± 5.7% For example, suppose a reported percentage is 80% in a sample size of 150, then one could expect that 95% of the time that a random sample of the same size and collected the same way would include the true population percentage within the range of 80% plus or minus 6.4%. Averages such as grade points also have a 95% confidence interval, however it is not so easily displayed in a table as confidence intervals about a percentage. Suffice it to say that the confidence interval about a score generally increases with smaller sample size. 3 ## Page 92 David A. Cole Responses by Type Total Other Non- Coop Role Type Sent Completes Refusals Undeliverable Responses Rate District Attorney 4 3 0 1 0 100.0% Attorney For Defendant 29 9 14 6 0 39.1% Attorney for Plaintiff 9 7 1 1 0 87.5% Sub Total: 42 19 15 8 0 55.9% Defendant 145 24 78 43 0 23.5% Plaintiff 101 18 78 4 1 18.8% Law Enforcement 50 24 19 7 0 55.8% Employee 15 6 6 3 0 50.0% Juror 43 23 17 2 1 57.5% Other 86 13 44 28 1 22.8% Parole Officers 5 4 1 0 0 80.0% Sub Total: 445 112 243 87 3 31.3% Grand Total: 487 131 258 95 3 33.4% Judicial Performance Survey 2006 Page 1 ## Page 93 Commission on Judicial Performance 11. Is there anything else that you would like to say about Judge [Name]? Attorney Questionnaire _ _ Evaluation of _ [Name of Judge] _ _ 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 not have 12. Keeping in mind your responses to each of the previous questions, how experience with the judge in a specific area, or just don’t know, please circle the strongly do you recommend that Judge [Name] be retained in office, or not number corresponding to “Don’t Know/Not Applicable”—DK/NS). retained in office? DK Strongly recommend he be retained in office. 5 1. Case Management: A B C D F N/A Somewhat recommend he be retained in office. 4 a. Promptly making rulings during trial. 4 3 2 1 0 9 Undecided or don’t know enough to make recommendation. 3 Somewhat recommend he not be retained in office. 2 b. Beginning court on time. 4 3 2 1 0 9 Strongly recommend he not be retained in office. 1 c. Allotting appropriate amount of time for cases. 4 3 2 1 0 9 d. Keeping cases moving according to schedule. 4 3 2 1 0 9 And why do you think that way about retaining or not retaining Judge e. [Civil only]1 Assisting parties to reach agreement. 4 3 2 1 0 9 [Name]? f. Maintaining appropriate control over proceedings. 4 3 2 1 0 9 _ _ g. Promptly ruling on pre-trial motions. 4 3 2 1 0 9 _ h. Promptly issuing a decision on the case after trial. 4 3 2 1 0 9 _ i. Setting reasonable schedules for cases. 4 3 2 1 0 9 _ _ DK 2. Application and Knowledge of Law: A B C D F N/A a. Basing decisions on evidence and arguments. 4 3 2 1 0 9 b. Giving reasons for rulings. 4 3 2 1 0 9 Thank you for your time in completing this questionnaire. c. [Civil only]1 Issuing written findings of fact and law. 4 3 2 1 0 9 Please place it in the self-addressed, postage paid enveloped d. Willing to reconsider error in fact or law. 4 3 2 1 0 9 provided, and place it in the mail. Your participation in this e. Having knowledge of relevant substantive law. 4 3 2 1 0 9 survey is very much appreciated. f. Having knowledge of rules of procedure and evidence. 4 3 2 1 0 9 g. Being able to identify and analyze relevant facts. 4 3 2 1 0 9 h. [Criminal only]2 Issuing consistent sentences when the circumstances are similar. 4 3 2 1 0 9 i. Willing to make decisions without regard to possible criticism. 4 3 2 1 0 9 j. Making decisions without fear of being appealed . 4 3 2 1 0 9 1 Please answer questions 1e & 2c only if you have observed the judge in a civil case. 2 Please answer question 2h only if you have observed the judge in a criminal case. ## Page 94 DK 6. [Criminal cases only] 1 On the scale below, please indicate by circling the 3. Communications: A B C D F N/A appropriate number how biased you think Judge [Name] is toward the a. Speaking clearly. 4 3 2 1 0 9 defense or the prosecution. If you feel Judge [Name] is completely b. Makings sure all participants understand unbiased, circle “0.” the proceedings. 4 3 2 1 0 9 Bias toward Completely Bias toward c. Using understandable language. 4 3 2 1 0 9 Defense Neutral Prosecution d. Providing written communications that are 5 4 3 2 1 0 1 2 3 4 5 clear, thorough and well reasoned. 4 3 2 1 0 9 7. [Criminal cases only]1 On the scale below, please indicate by circling the DK appropriate number how lenient or how harsh you think the sentences 4. Demeanor: A B C D F N/A generally handed down by Judge [Name] are. If you feel Judge [Name] a. Giving proceedings a sense of dignity. 4 3 2 1 0 9 generally hands down appropriate sentences, circle “0.” b. Treating everyone involved politely. 4 3 2 1 0 9 Sentences Appropriate Sentences c. Having empathy with the parties involved. 4 3 2 1 0 9 Too Light Sentences Too Harsh d. Treating participants with respect. 4 3 2 1 0 9 e. Presenting a neutral presence on the bench. 4 3 2 1 0 9 5 4 3 2 1 0 1 2 3 4 5 f. Being consistent in [his/her] behavior 4 3 2 1 0 9 8. If an associate were assigned to Judge [Name] in a case and asked you for g. Conducting [his/her ]courtroom in a neutral advice, what would you say? manner. 4 3 2 1 0 9 ________________________________________________________ h. Giving all participants an opportunity to be heard. 4 3 2 1 0 9 ________________________________________________________ i. Consistently applying laws and rules. 4 3 2 1 0 9 ________________________________________________________ j. Not engaging in ex parte communications 4 3 2 1 0 9 ________________________________________________________ k. Treating pro se parties fairly. 4 3 2 1 0 9 ________________________________________________________ 9. What would you say are Judge [Name]’s strengths? DK 5. Diligence: A B C D F N/A ___________________________________________________________ a. Making tough decisions when necessary. 4 3 2 1 0 9 ___________________________________________________________ ___________________________________________________________ b. Using good judgment in application of relevant ___________________________________________________________ law and rules. 4 3 2 1 0 9 ___________________________________________________________ c. Doing the necessary “homework” and being prepared for [his/her] cases. 4 3 2 1 0 9 10. And what would you say are Judge [Name]’s weaknesses? d. Being willing to handle cases on the docket even ___________________________________________________________ when they are complicated and time consuming. 4 3 2 1 0 9 ___________________________________________________________ e. Providing prompt access to the court ___________________________________________________________ in emergency matters. 4 3 2 1 0 9 ___________________________________________________________ ___________________________________________________________ [Continued on Back Page] 1 Please answer questions 6 & 7 only if you have observed the judge in a criminal case. ## Page 95 12. Keeping in mind your responses to each of the previous questions, how Commission on Judicial Performance strongly do you recommend that Judge [Name] be retained in office, or not retained in office? Strongly recommend [he/she] be retained in office................................ 5 Evaluation of Somewhat recommend [he/she] be retained in office............................ 4 [Name of Judge] Undecided or don’t know enough to make recommendation............. 3 Somewhat recommend [he/she] not be retained in office..................... 2 Strongly recommend [he/she] not be retained in office......................... 1 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 And why do you think that way about retaining or not retaining Judge number corresponding to “Don’t Know/Not Applicable”—DK/NA). [Name] ? _____________________________________________________________ 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 Thank you for you time in completing this questionnaire. Please place it in the self-addressed, postage paid enveloped provided, understanding for those who appear and place it in the mail. Your participation in this survey is before [him/her]. 4 3 2 1 0 9 very much appreciated. DK 2. Fairness: A B C D F N/A a. Giving participants an opportunity to be heard. 4 3 2 1 0 9 b. Treating those involved in the case without bias. 4 3 2 1 0 9 c. Treating fairly people who represent themselves. 4 3 2 1 0 9 d. Giving each side enough time to present his or her case. 4 3 2 1 0 9 DK 3. Communications: A B C D F N/A a. Makings sure participants understand the proceedings, and what’s going on in the courtroom. 4 3 2 1 0 9 b. Using language that everyone can understand. 4 3 2 1 0 9 c. Speaking clearly so everyone in the courtroom can hear what’s being said. 4 3 2 1 0 9 ## Page 96 DK 8. If a friend of yours was scheduled to appear before Judge [Name] as a 4. Diligence: A B C D F N/A party in either a civil or criminal case and asked you for advice, what a. Beginning court on time. 4 3 2 1 0 9 would you tell your friend about Judge [Name] ? 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 _ _ e. Managing court proceedings so that there is _ little wasted time. 4 3 2 1 0 9 9. What would you say are Judge [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 10. And what would you say are Judge [Name]’s weaknesses? _ 6. [If you were in Judge [Name]’s courtroom during a criminal case _ or cases please answer this question, otherwise skip to the next _ question.] On the scale below, please indicate by circling the appropriate _ number how biased you think Judge [Name] is toward the defense or the _ prosecution. If you feel Judge [Name] is completely unbiased, circle “0.” _ Bias toward Completely Bias toward Defense Neutral Prosecution 11. Is there anything else that you would like to say about Judge 5 4 3 2 1 0 1 2 3 4 5 [Name] ? _ 7. [If you were in Judge [Name]’s courtroom during a criminal case _ or cases please answer this question, otherwise skip to the next _ question.] On the scale below, please indicate by circling the appropriate _ number how lenient or how harsh you think the sentences generally handed _ down by Judge [Name] are. If you feel Judge [Name] generally hands down _ appropriate sentences, circle “0.” Sentences Appropriate Sentences Too Light Sentences Too Harsh Continued on Back Page 5 4 3 2 1 0 1 2 3 4 5

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