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Edward S. Colt II

Trial Court · El Paso · El Paso

Meets Standards3 cycles on record

Evaluation history

  • 2014 retention cycle
    Trial Court · El Paso · El Paso
    Commission vote: 7 for · 0 against
    Meets Standards
    VotersRetained· 69.7% yes
    126,178 yes · 54,782 no50% needed to retain
    Retention Year: 2014 Recommendation: Meets Performance Standard Reports: 2014 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 Fourth Judicial District Commission on Judicial Performance unanimously recommends, by a vote of 7-0, that Judge Edward S. Colt BE RETAINED. Judge Colt was appointed to the District Court in the Fourth Judicial District in August 1999.  He currently presides and is chambered in Teller County.  Prior to his appointment, Judge Colt was a part-time judge for the City of Colorado Springs and in private practice. Judge Colt received his undergraduate degree from the University of Colorado and his law degree from California Western School of law. Judge Colt has been active in many community service activities, and since his appointment he has demonstrated his commitment to the community services through volunteering as a judge for Moot Court and Teen Court, when needed. The Commission conducted a personal interview with Judge Colt, reviewed opinions he authored, observed him in court, and reviewed surveys sent to attorneys and non-attorneys.  Among the survey questions was “how strongly do you recommend that Judge Colt be retained in office, or not be retained in office?”  84 attorneys and 256 non-attorneys responded to the survey.  Among the attorneys, 90% recommended Judge Colt be retained, 6% recommended that he not be retained, and 3% made no recommendation regarding retention.  Among the non-attorneys, 93% recommended that he be retained, 6% recommended that he not be retained, and 3% made no recommendation regarding retention.  (These percentages may not total 100% due to rounding).  Among non-attorneys, Judge Colt had slightly below average scores or below average scores for demeanor, fairness, communication skills, diligence and application of the law.  Among the non-attorneys, Judge Colt had high scores for neutrality in his handling of criminal cases, with 80% believing he was “completely neutral”, 12% believing he was biased in favor of the defense, and 11% believing he was biased in favor of the prosecution.  Among the attorneys surveyed regarding Judge Colt’s handling of criminal cases, 63% believed he was completely neutral, 9% believed he was biased in favor of the defense, and 26% believed he was biased in favor of the prosecution. Among the attorneys who completed the surveys, Judge Colt was rated above average overall.  His application and knowledge of the law, and his communication skills were rated above average, while his overall case management skills were rated below average. Judge Colt presides over all district court cases, including domestic (family law/divorce), juvenile, civil, and criminal cases.  Based on the survey results, Judge Colt received an overall combined average rating which exceeded the average combined rating of all district judges standing for retention.
  • 2008 retention cycle
    Trial Court · El Paso · El Paso
    Meets Standards(Retain)
    VotersRetained· 74.9% yes
    160,215 yes · 53,776 no50% needed to retain
    Reports: 2008 Retention Survey Report Need an accessible PDF Document version? Please click on the link below and email our staff Contact Us The Fourth Judicial District Commission on Judicial Performance recommends by a unanimous vote that Judge Edward S. Colt BE RETAINED. Background: Judge Colt was appointed to the District Court in 1999. He graduated from the University of Colorado in 1978 with a Bachelor of Science degree in Journalism and from California Western School of Law in 1986. Before his appointment to the bench, Judge Colt was engaged in private practice and served as a Municipal Judge for the City of Colorado Springs. He has served on the Board of Teen Court, has helped with establishing the Court’s childcare program, and served on the Access to Justice Committee. Judge Colt currently serves as the only District Court judge for Teller County, where he handles all types of cases. During this evaluation period, he was also assigned to the District Court in El Paso County, where he presided over civil and felony cases. Strengths: Attorneys who responded to survey questions commented on Judge Colt’s patience, even temper, courtesy, and respect. Non-attorneys praised him on his willingness to listen to people and his fairness and compassion. Weaknesses: Judge Colt is soft spoken which can make it hard for him to be heard. To address that concern, Judge Colt has installed a sound system in his Teller County courtroom. Recommendation: In making its recommendation, the Commission considered the results of surveys from 40 attorneys and 121 non-attorneys, a self-evaluation by the judge, comments received at a public hearing, courtroom observations, written decisions and orders, and an interview with Judge Colt before the Commission. Eighty-seven percent of attorneys and 95% of non-attorneys surveyed recommended that Judge Colt be retained in office.
  • 2002 retention cycle
    Trial Court · El Paso · El Paso
    Meets Standards(Retain)
    VotersRetained· 71.5% yes
    93,618 yes · 37,274 no50% needed to retain
    Retention Year: 2002 Recommendation: Retain Reports: 2002 Retention Survey Report Need an accessible PDF Document Version? Please click on the link below and email our staff Contact Us The Fourth Judicial District Commission on Judicial Performance recommends that Judge Edward S. Colt, II BE RETAINED. Judge Edward S. Colt graduated of the University of Colorado School of Journalism in 1978 and from California Western School of Law in 1986. He was appointed to the District Court bench in September 2000. Prior to his appointment, he was engaged in private practice and served as a Municipal Judge for the City of Colorado Springs. In the fall of 2001, he was assigned as the only presiding judge to the District Court for Teller County. He manages a full docket of criminal, civil, and domestic cases and states that he enjoys the variety. The Commission was disappointed that there were not more attorneys surveyed, with only 19 surveys mailed and 12 attorneys responding. These numbers are significantly below those sent for other judges in the Fourth Judicial District. Of the small number of attorneys responding, half recommended retention for Judge Colt. The evaluation by non-lawyers has significantly more validity, with 92% in favor of retention and 2% in favor of non-retention from a response of 187 out of 636 mailed, well within the expected response rate. Judge Colt received some criticism for his soft-spoken characteristics, which often makes it difficult to hear him. He has addressed this problem by installing a sound system at the bench. He seems to have a desire and commitment to expand his knowledge and expertise in the administration of the law and has set this as his goal. In addition, he wants to become better organized and regularly meets with the county court judge and county clerk to improve coordination. As an example, they are actively developing a "divorce with dignity" program. Judge Colt is regarded as being very courteous, considerate and fair to everyone. The Commission recommends retention of Judge Colt.

Surveys & reports

  • 2014 cycle
    • Structured scores pending

      Full numeric extraction isn’t complete for this cycle’s layout yet. Open the source PDF above for the underlying data.

    • Structured scores pending

      Full numeric extraction isn’t complete for this cycle’s layout yet. Open the source PDF above for the underlying data.

  • 2008 cycle
    • Read full retention survey textexpand
      ## Page 1 State off Colorado LLogo COOMMISSIOON ON JUUDICIALL PERFORRMANCEE Eddwwaarrd SS.. Coolltt,, I 22008 Juudicial PPerformmance Suurvey ## Page 2 April 30, 2008 The Honorable Edward S. Colt, II P.O. Box 2980 Colorado Springs, CO. 80901 Dear Judge Colt: 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 2008 survey was conducted by Talmey-Drake Research & Strategy, Inc., who attempted to contact over 57,000 people statewide who had been in these courtrooms in one capacity or another. Over 12,400 people responded—3,084 to the attorney survey and 9,317 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 five 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. • Appellate Judges & Comments: New to the 2008 Judicial Performance Evaluation is a survey of Court of Appeals judges and Supreme Court justices regarding the overall performance of district judges. • 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 TThe Honorabble Edward SS. Colt, II AApril, 30 20088 PPage 2 If you havve any questtions about tthe methodoology and hoow the surveey was coonducted, pllease feel freee to contactt me at 303-4443-5300 ext 1, and for anny other questions youu might have about the ssurvey pleasse call the Exxecutive Dirrector of the CColorado Juddicial Performmance Progrram, Jane Hoowell, at 3033-837-3665. Beest regards, Paaul A. Talmeey Prresident ennc: ## Page 4 AAttttoorrnneeyy SSuurrvveeyy ((SSaammppllee SSiizzee 4400)) ## Page 5 Edward S. Colt, II AAttttoorrnneeyy SSuurrvveeyy Average Grades: Overall and by Section 33..22 Overall Average 3.4 3.4 3.2 Q1. Overall Case 33.44 Management 3.4 2.9 Q2. Overall App & 3.4 Knowldge of Law 3.3 3.4 Q3. Overall 3.6 Communications 3.7 3.4 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 AAvveerraaggee GGrraaddee Edward S. Colt, II All District Judges All Trial Judges Judicial Performance Survey 2008 Page 1 ## Page 6 Edward S. Colt, II AAttttoorrnneeyy SSuurrvveeyy Average Grades: Case Management 3.2 Q1. Overall Case Management 3.4 3.4 3.0 1a. Promptly making rulings 3.6 during trial 3.6 33.55 1b. Beginning court on time 3.6 3.5 3.0 1c. Allotting appropriate amount 3.4 of time for cases 3.4 3.1 1d. Keeping cases moving 3.4 according to schedule 3.5 2.9 1e. [Civil only] Assisting parties to 3.0 reach agreement 3.0 3.1 1f. Maintaining appropriate 3.5 control over proceedings 3.5 2.9 1g. Promptly ruling on pre-trial 3.3 motions 3.3 3.3 1h. Promptly issuing a decision 3.5 on the case after trial 3.5 3.3 1i. Setting reasonable schedules 3.3 for cases 33.44 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Edward S. Colt, II All District Judges All Trial Judges Judicial Performance Survey 2008 Page 2 ## Page 7 Edward S. Colt, II AAttttoorrnneeyy SSuurrvveeyy Average Grades: Application and Knowledge of Law 2.9 Q2. Overall App & Knowldge of 3.4 LLaaww 3.3 2.9 2a. Basing decisions on evidence 3.3 and arguments 3.3 3.0 2b. Giving reasons for rulings 3.4 3.4 2.9 2c. [Civil only] Issuing written 3.2 findings of fact and law 3.2 2.8 2d. Willing to reconsider error in 3.0 ffaacctt oorr llaaww 2.9 2.9 2e. Having knowledge of relevant 3.4 substantive law 3.3 2.8 2f. Having knowledge of rules of 3.5 pprroocceedduurree aanndd eevviiddeennccee 3.4 3.0 2g. Being able to identify and 3.4 analyze relevant facts 3.4 3.0 2h. [Criminal only] Issuing consistent sentences when the 3.3 circumstances are similar 3.3 2.7 2i. Willing to make decision without regard to possible 3.4 criticism 3.4 2.9 2j. Making decisions without fear 3.5 ooff bbeeiinngg aappppeeaalleedd 3.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Edward S. Colt, II All District Judges All Trial Judges Judicial Performance Survey 2008 Page 3 ## Page 8 Edward S. Colt, II AAttttoorrnneeyy SSuurrvveeyy Average Grades: Communications 3.4 Q3. Overall Communications 3.6 3.7 33.33 3a. Speaking clearly 3.7 3.7 3.4 3b. Making sure all participants 3.6 understand the proceedings 3.6 3.6 3c. Using understandable 3.7 language 3.7 3.1 3d. Providing written communications that are 3.3 clear, thorough and well reasoned 3.3 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Edward S. Colt, II All District Judges All Trial Judges Judicial Performance Survey 2008 Page 4 ## Page 9 Edward S. Colt, II AAttttoorrnneeyy SSuurrvveeyy Average Grades: Demeanor 3.4 Q4. Overall Demeanor 3.5 3.5 3.5 4a. Giving proceedings a sense 3.5 of dignity 3.5 3.5 4b. Treating everyone involved 3.4 politely 33.44 3.6 4c. Having empathy with the 3.3 parties involved 3.3 3.6 4d. Treating participants with 3.4 respect 3.5 3.1 4e. Presenting a neutral 3.4 presence on the bench 3.4 3.3 4f. Being consistent in [his/her] 3.4 behavior 3.5 33.11 4g. Conducting [his/her] 3.4 courtroom in a neutral manner 3.4 3.4 4h. Giving all participants an 3.5 opportunity to be heard 3.6 3.1 44ii. CCoonnssiisstteennttllyy aappppllyyiinngg llaawwss 3.4 and rules 3.4 3.8 4j. Not engaging in ex parte 3.7 communications 3.7 3.7 44kk. TTrreeaattiinngg pprroo ssee ppaarrttiieess ffaaiirrllyy 33.77 3.6 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Edward S. Colt, II All District Judges All Trial Judges Judicial Performance Survey 2008 Page 5 ## Page 10 Edward S. Colt, II AAttttoorrnneeyy SSuurrvveeyy Average Grades: Diligence 3.1 Q5. Overall Diligence 3.4 3.4 3.1 55aa. MMaakkiinngg ttoouugghh ddeecciissiioonnss wwhheenn 3.4 necessary 3.4 3.0 5b. Using good judgment in apppplication of relevant law and 3.3 rules 3.3 3.2 5c. Doing the necessary 'homework' and being prepared 3.4 for [[his/her]] cases 3.4 3.2 5d. Being willing to handle cases on the docket even when they are 3.5 complicated and time consuming 33.55 3.4 5e. Providing prompt access to 3.5 the court in emergency matters 3.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Edward S. Colt, II All District Judges All Trial Judges Judicial Performance Survey 2008 Page 6 ## Page 11 Edward S. Colt, II AAttttoorrnneeyy SSuurrvveeyy Q6. Average: How biased do you think Judge Colt, II is toward the defense or prosecution? Edward S. Colt,, II -0.2 All District Judges 0.4 All Trial Judges 0.7 5 4 3 2 1 0 1 2 3 4 5 (cid:205)Defense Prosecution (cid:206) Judicial Performance Survey 2008 Page 7 ## Page 12 Edward S. Colt, II AAttttoorrnneeyy SSuurrvveeyy Q7. Average: How lenient or how harsh are Judge Colt, II's sentences? Edward S. Colt, II -1.0 All District Judges 0.1 All Trial Judges 0.3 5 4 3 2 1 0 1 2 3 4 5 (cid:205)Lenient Harsh (cid:206) Judicial Performance Survey 2008 Page 8 ## Page 13 Edward S. Colt, II AAttttoorrnneeyy SSuurrvveeyy Retention Recommendation 110000%% 90% 80% 77%77% 7744%%7744%% 70% 66% 64% 60% 50% 40% 30% 21% 21% 20% 13% 13%13% 12% 10% 8% 8% 6%6% 6%6% 5% 5% 4%4% 4%4% 4%4% 3% 0% Including Undecided Excluding Undecided Judge Colt, II All District Judges All Trial Judges Judicial Performance Survey 2008 Page 9 ## Page 14 Edward S. Colt, II Attorney Survey 1a. How would you grade Judge Colt, II on "Promptly making rulings during trial?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 30% 59% 57% B 30% 17% 18% C 15% 3% 3% D 5% 1% 1% Fail 3% 1% 1% No Grade 18% 19% 21% Average 3.0 3.6 3.6 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 1 ## Page 15 Edward S. Colt, II Attorney Survey 1b. How would you grade Judge Colt, II on "Beginning court on time?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 60% 66% 62% B 35% 23% 25% C 0% 5% 7% D 5% 2% 2% Fail 0% 1% 1% No Grade 0% 3% 2% Average 3.5 3.6 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 2 ## Page 16 Edward S. Colt, II Attorney Survey 1c. How would you grade Judge Colt, II on "Allotting appropriate amount of time for cases?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 33% 55% 56% B 35% 27% 28% C 25% 9% 8% D 3% 3% 2% Fail 0% 1% 1% No Grade 5% 5% 4% Average 3.0 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 3 ## Page 17 Edward S. Colt, II Attorney Survey 1d. How would you grade Judge Colt, II on "Keeping cases moving according to schedule?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 33% 58% 58% B 45% 27% 28% C 13% 7% 7% D 0% 3% 2% Fail 5% 1% 1% No Grade 5% 4% 4% Average 3.1 3.4 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 4 ## Page 18 Edward S. Colt, II Attorney Survey 1e. How would you grade Judge Colt, II on "[Civil only] Assisting parties to reach agreement?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 15% 23% 23% B 4% 17% 17% C 12% 10% 8% D 4% 4% 3% Fail 0% 2% 2% No Grade 65% 44% 47% Average 2.9 3.0 3.0 Letter Grade B- B B Judicial Performance Survey 2008 Page 5 ## Page 19 Edward S. Colt, II Attorney Survey 1f. How would you grade Judge Colt, II on "Maintaining appropriate control over proceedings?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 50% 64% 66% B 28% 22% 22% C 10% 8% 7% D 8% 3% 2% Fail 5% 1% 1% No Grade 0% 2% 2% Average 3.1 3.5 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 6 ## Page 20 Edward S. Colt, II Attorney Survey 1g. How would you grade Judge Colt, II on "Promptly ruling on pre-trial motions?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 25% 45% 44% B 40% 23% 21% C 18% 9% 8% D 8% 3% 3% Fail 0% 2% 1% No Grade 10% 19% 24% Average 2.9 3.3 3.3 Letter Grade B- B B Judicial Performance Survey 2008 Page 7 ## Page 21 Edward S. Colt, II Attorney Survey 1h. How would you grade Judge Colt, II on "Promptly issuing a decision on the case after trial?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 45% 48% 48% B 18% 17% 16% C 5% 5% 4% D 8% 2% 1% Fail 0% 1% 1% No Grade 24% 27% 29% Average 3.3 3.5 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 8 ## Page 22 Edward S. Colt, II Attorney Survey 1i. How would you grade Judge Colt, II on "Setting reasonable schedules for cases?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 50% 53% 54% B 35% 26% 26% C 10% 9% 8% D 0% 3% 3% Fail 3% 2% 2% No Grade 3% 7% 8% Average 3.3 3.3 3.4 Letter Grade B B B+ Judicial Performance Survey 2008 Page 9 ## Page 23 Edward S. Colt, II Attorney Survey 2a. How would you grade Judge Colt, II on "Basing decisions on evidence and arguments?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 33% 54% 54% B 38% 25% 25% C 13% 9% 9% D 5% 4% 4% Fail 8% 3% 3% No Grade 3% 5% 5% Average 2.9 3.3 3.3 Letter Grade B- B B Judicial Performance Survey 2008 Page 10 ## Page 24 Edward S. Colt, II Attorney Survey 2b. How would you grade Judge Colt, II on "Giving reasons for rulings?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 45% 57% 56% B 30% 25% 25% C 13% 9% 9% D 8% 3% 4% Fail 5% 2% 2% No Grade 0% 4% 4% Average 3.0 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 11 ## Page 25 Edward S. Colt, II Attorney Survey 2c. How would you grade Judge Colt, II on "[Civil only] Issuing written findings of fact and law?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 21% 32% 27% B 0% 18% 16% C 4% 7% 6% D 11% 3% 3% Fail 0% 1% 2% No Grade 64% 38% 47% Average 2.9 3.2 3.2 Letter Grade B- B B Judicial Performance Survey 2008 Page 12 ## Page 26 Edward S. Colt, II Attorney Survey 2d. How would you grade Judge Colt, II on "Willing to reconsider error in fact or law?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 31% 27% 27% B 26% 18% 18% C 3% 9% 9% D 8% 4% 5% Fail 10% 4% 4% No Grade 23% 37% 38% Average 2.8 3.0 2.9 Letter Grade B- B B- Judicial Performance Survey 2008 Page 13 ## Page 27 Edward S. Colt, II Attorney Survey 2e. How would you grade Judge Colt, II on "Having knowledge of relevant substantive law?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 40% 55% 54% B 33% 28% 28% C 8% 9% 9% D 13% 3% 4% Fail 8% 2% 2% No Grade 0% 3% 4% Average 2.9 3.4 3.3 Letter Grade B- B+ B Judicial Performance Survey 2008 Page 14 ## Page 28 Edward S. Colt, II Attorney Survey 2f. How would you grade Judge Colt, II on "Having knowledge of rules of procedure and evidence?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 40% 63% 60% B 33% 23% 24% C 8% 7% 8% D 10% 2% 3% Fail 10% 2% 2% No Grade 0% 3% 4% Average 2.8 3.5 3.4 Letter Grade B- B+ B+ Judicial Performance Survey 2008 Page 15 ## Page 29 Edward S. Colt, II Attorney Survey 2g. How would you grade Judge Colt, II on "Being able to identify and analyze relevant facts?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 44% 58% 58% B 31% 24% 24% C 10% 9% 8% D 10% 3% 4% Fail 5% 2% 2% No Grade 0% 4% 4% Average 3.0 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 16 ## Page 30 Edward S. Colt, II Attorney Survey 2h. How would you grade Judge Colt, II on "[Criminal only] Issuing consistent sentences when the circumstances are similar?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 21% 28% 36% B 45% 16% 18% C 6% 5% 5% D 3% 2% 2% Fail 3% 2% 1% No Grade 21% 48% 37% Average 3.0 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2008 Page 17 ## Page 31 Edward S. Colt, II Attorney Survey 2i. How would you grade Judge Colt, II on "Willing to make decision without regard to possible criticism?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 33% 54% 54% B 31% 20% 20% C 10% 7% 7% D 13% 2% 3% Fail 10% 2% 3% No Grade 3% 15% 14% Average 2.7 3.4 3.4 Letter Grade B- B+ B+ Judicial Performance Survey 2008 Page 18 ## Page 32 Edward S. Colt, II Attorney Survey 2j. How would you grade Judge Colt, II on "Making decisions without fear of being appealed?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 40% 55% 55% B 25% 19% 20% C 18% 6% 6% D 3% 2% 2% Fail 10% 1% 1% No Grade 5% 17% 16% Average 2.9 3.5 3.5 Letter Grade B- B+ B+ Judicial Performance Survey 2008 Page 19 ## Page 33 Edward S. Colt, II Attorney Survey 3a. How would you grade Judge Colt, II on "Speaking clearly?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 63% 75% 76% B 18% 18% 18% C 10% 4% 4% D 5% 1% 1% Fail 5% 0% 0% No Grade 0% 1% 1% Average 3.3 3.7 3.7 Letter Grade B A- A- Judicial Performance Survey 2008 Page 20 ## Page 34 Edward S. Colt, II Attorney Survey 3b. How would you grade Judge Colt, II on "Making sure all participants understand the proceedings?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 65% 71% 71% B 15% 20% 21% C 13% 5% 5% D 3% 1% 1% Fail 3% 1% 1% No Grade 3% 2% 2% Average 3.4 3.6 3.6 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 21 ## Page 35 Edward S. Colt, II Attorney Survey 3c. How would you grade Judge Colt, II on "Using understandable language?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 70% 75% 76% B 23% 20% 19% C 5% 4% 3% D 0% 1% 1% Fail 3% 0% 0% No Grade 0% 1% 1% Average 3.6 3.7 3.7 Letter Grade B+ A- A- Judicial Performance Survey 2008 Page 22 ## Page 36 Edward S. Colt, II Attorney Survey 3d. How would you grade Judge Colt, II on "Providing written communications that are clear, thorough and well reasoned?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 32% 46% 46% B 32% 21% 21% C 0% 7% 7% D 5% 4% 4% Fail 5% 2% 2% No Grade 27% 20% 21% Average 3.1 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2008 Page 23 ## Page 37 Edward S. Colt, II Attorney Survey 4a. How would you grade Judge Colt, II on "Giving proceedings a sense of dignity?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 64% 69% 69% B 23% 19% 20% C 8% 6% 6% D 3% 2% 2% Fail 0% 2% 2% No Grade 3% 1% 1% Average 3.5 3.5 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 24 ## Page 38 Edward S. Colt, II Attorney Survey 4b. How would you grade Judge Colt, II on "Treating everyone involved politely?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 68% 68% 69% B 20% 16% 17% C 10% 7% 7% D 3% 3% 3% Fail 0% 4% 4% No Grade 0% 1% 1% Average 3.5 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 25 ## Page 39 Edward S. Colt, II Attorney Survey 4c. How would you grade Judge Colt, II on "Having empathy with the parties involved?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 64% 55% 55% B 21% 22% 22% C 10% 10% 10% D 0% 4% 4% Fail 0% 4% 4% No Grade 5% 5% 4% Average 3.6 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2008 Page 26 ## Page 40 Edward S. Colt, II Attorney Survey 4d. How would you grade Judge Colt, II on "Treating participants with respect?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 68% 67% 68% B 20% 17% 18% C 8% 8% 7% D 3% 4% 3% Fail 0% 3% 3% No Grade 3% 1% 1% Average 3.6 3.4 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 27 ## Page 41 Edward S. Colt, II Attorney Survey 4e. How would you grade Judge Colt, II on "Presenting a neutral presence on the bench?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 54% 65% 64% B 23% 19% 20% C 8% 8% 8% D 8% 4% 4% Fail 8% 4% 4% No Grade 0% 2% 1% Average 3.1 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 28 ## Page 42 Edward S. Colt, II Attorney Survey 4f. How would you grade Judge Colt, II on "Being consistent in [his/her] behavior?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 59% 64% 64% B 18% 20% 21% C 10% 7% 7% D 8% 3% 3% Fail 3% 3% 2% No Grade 3% 4% 4% Average 3.3 3.4 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 29 ## Page 43 Edward S. Colt, II Attorney Survey 4g. How would you grade Judge Colt, II on "Conducting [his/her] courtroom in a neutral manner?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 50% 65% 64% B 30% 18% 20% C 8% 7% 7% D 8% 3% 4% Fail 5% 3% 3% No Grade 0% 3% 2% Average 3.1 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 30 ## Page 44 Edward S. Colt, II Attorney Survey 4h. How would you grade Judge Colt, II on "Giving all participants an opportunity to be heard?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 65% 70% 70% B 23% 18% 19% C 5% 6% 6% D 0% 2% 2% Fail 8% 2% 2% No Grade 0% 2% 1% Average 3.4 3.5 3.6 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 31 ## Page 45 Edward S. Colt, II Attorney Survey 4i. How would you grade Judge Colt, II on "Consistently applying laws and rules?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 56% 59% 59% B 18% 21% 21% C 10% 8% 8% D 3% 3% 3% Fail 10% 3% 3% No Grade 3% 6% 6% Average 3.1 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 32 ## Page 46 Edward S. Colt, II Attorney Survey 4j. How would you grade Judge Colt, II on "Not engaging in ex parte communications?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 80% 67% 64% B 5% 10% 12% C 3% 2% 3% D 0% 1% 1% Fail 3% 1% 1% No Grade 10% 19% 19% Average 3.8 3.7 3.7 Letter Grade A- A- A- Judicial Performance Survey 2008 Page 33 ## Page 47 Edward S. Colt, II Attorney Survey 4k. How would you grade Judge Colt, II on "Treating pro se parties fairly?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 56% 47% 51% B 13% 9% 11% C 3% 3% 3% D 3% 1% 1% Fail 0% 1% 1% No Grade 26% 40% 33% Average 3.7 3.7 3.6 Letter Grade A- A- B+ Judicial Performance Survey 2008 Page 34 ## Page 48 Edward S. Colt, II Attorney Survey 5a. How would you grade Judge Colt, II on "Making tough decisions when necessary?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 43% 55% 53% B 30% 21% 22% C 10% 7% 7% D 3% 3% 3% Fail 8% 1% 2% No Grade 8% 12% 13% Average 3.1 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 35 ## Page 49 Edward S. Colt, II Attorney Survey 5b. How would you grade Judge Colt, II on "Using good judgment in application of relevant law and rules?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 46% 53% 54% B 28% 26% 26% C 10% 10% 9% D 10% 4% 4% Fail 5% 3% 3% No Grade 0% 4% 4% Average 3.0 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2008 Page 36 ## Page 50 Edward S. Colt, II Attorney Survey 5c. How would you grade Judge Colt, II on "Doing the necessary 'homework' and being prepared for [his/her] cases?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 49% 58% 56% B 36% 24% 24% C 5% 7% 8% D 3% 2% 2% Fail 5% 2% 2% No Grade 3% 6% 9% Average 3.2 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 37 ## Page 51 Edward S. Colt, II Attorney Survey 5d. How would you grade Judge Colt, II on "Being willing to handle cases on the docket even when they are complicated and time consuming?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 44% 56% 54% B 31% 18% 18% C 3% 5% 6% D 5% 2% 2% Fail 5% 1% 2% No Grade 13% 17% 19% Average 3.2 3.5 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 38 ## Page 52 Edward S. Colt, II Attorney Survey 5e. How would you grade Judge Colt, II on "Providing prompt access to the court in emergency matters?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 43% 40% 39% B 20% 13% 14% C 0% 5% 4% D 0% 1% 1% Fail 5% 1% 1% No Grade 33% 40% 40% Average 3.4 3.5 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 39 ## Page 53 Edward S. Colt, II Attorney Survey 6. How biased do you think Judge Colt, II is towards the defense or the prosecution? Judge All District All Trial Colt, II Judges 2008 Judges 2008 5 3% 2% 3% ⇑ 4 3% 3% 4% 3 3% 6% 7% 2 0% 9% 10% 1 17% 13% 14% 0 Neutral 43% 54% 53% -1 7% 6% 4% -2 10% 3% 2% -3 7% 2% 2% -4 3% 2% 1% ⇓ -5 3% 1% 0% Average -0.2 0.4 0.7 noitucesorP drawoT esnefeD drawoT Judicial Performance Survey 2008 Page 40 ## Page 54 Edward S. Colt, II Attorney Survey 7. How lenient or harsh do you think the sentences handed down by Judge Colt, II are? Judge All District All Trial Colt, II Judges 2008 Judges 2008 5 0% 2% 2% ⇑ 4 0% 3% 3% 3 0% 4% 4% 2 0% 7% 8% 1 14% 8% 10% 0 Appropriate 39% 56% 60% -1 7% 5% 4% -2 18% 5% 3% -3 14% 5% 3% -4 4% 2% 1% ⇓ -5 4% 2% 1% Average -1.0 0.1 0.3 hsraH oT thgiL oT Judicial Performance Survey 2008 Page 41 ## Page 55 Edward S. Colt, II Attorney Survey 12. Do you recommend that Judge Colt, II be retained in office or not be retained in office? Judge All District All Trial Colt, II Judges 2008 Judges 2008 Strongly Recommend 66% 77% 77% Retain in office Somewhat Recommend 21% 13% 13% Retain in office Somewhat Recommend Not 5% 4% 4% Retain in office Strongly Recommend Not Retain in office 8% 6% 6% Judicial Performance Survey 2008 Page 42 ## Page 56 AAppppeellllaattee JJuuddggee SSuurrvveeyy ((SSaammppllee SSiizzee 2200)) ## Page 57 Edward S. Colt, II Appellate Survey Overall Performance of Judge Colt, II Judge All District Colt, II Judges A 20% 28% B 25% 14% C 10% 3% D 0% 0% Fail 0% 0% No Grade 45% 55% Average 3.2 3.5 Letter Grade B B+ Judicial Performance Survey 2004 Page 1 ## Page 58 NNoonn--AAttttoorrnneeyy SSuurrvveeyy ((SSaammppllee SSiizzee 112211)) ## Page 59 Edward S. Colt, II NNoonn-AAttttoorrnneeyy SSuurrvveeyy Average Grades: Overall and by Section 3.7 Overall Average 3.6 3.6 3.7 QQ11. OOvveerraallll DDeemmeeaannoorr 33.66 3.6 3.7 Q2. Overall Fairness 3.6 3.6 3.7 Q3. Overall 3.7 Communications 3.7 3.7 Q4. Overall Diligence 3.6 3.6 3.7 Q5. Overall Application of 3.6 Law 3.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 AAverage GGradde Edward S. Colt, II All District Judges All Trial Judges Judicial Performance Survey 2008 Page 1 ## Page 60 Edward S. Colt, II Non-Attorney Survey Average Grades: Demeanor 3.7 Q1. Overall Demeanor 3.6 3.6 33.77 1a. Giving court proceedings a 3.7 sense of dignity 3.6 3.8 1b. Treating participants politely 3.7 and with respect 3.6 3.7 1c. Conducting [his/her] 3.6 courtroom in a neutral manner 3.6 3.7 1d. Having a sense of compassion and human 3.6 understanding for those who appear before the judge 3.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Edward S. Colt, II All District Judges All Trial Judges Judicial Performance Survey 2008 Page 2 ## Page 61 Edward S. Colt, II NNoonn-AAttttoorrnneeyy SSuurrvveeyy Average Grades: Fairness 3.7 Q2. Overall Fairness 3.6 3.6 3.7 2a. Giving participants an 3.7 opportunity to be heard 3.6 3.7 2b. Treating those involved with 3.6 the case without bias 3.5 3.8 2c. Treating fairly people who 3.6 represent themselves 3.5 3.7 2d. Giving each side enough 3.7 time to present his or her case 33.66 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Edward S. Colt, II All District Judges All Trial Judges Judicial Performance Survey 2008 Page 3 ## Page 62 Edward S. Colt, II Non-Attorney Survey Average Grades: Communications 3.7 Q3. Overall Communications 3.7 3.7 3.7 3a. Making sure all participants understand the 3.7 proceedings, and what's going on in the courtroom 3.6 3.8 3b. Using language that 3.7 everyone can understand 3.7 3.7 3c. Speaking clearly so everyone in the courtroom can 3.7 hear what's being said 3.7 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Edward S. Colt, II All District Judges All Trial Judges Judicial Performance Survey 2008 Page 4 ## Page 63 Edward S. Colt, II Non-Attorney Survey Average Grades: Diligence 3.7 Q4. Overall Diligence 3.6 3.6 3.6 44a. BBegiinniing courtt on ttiime 33.55 3.4 3.7 4b. Maintaining appropriate 33..77 conttroll over proceeddiings 3.7 3.7 4c. Setting reasonable 3.6 sscchheedduulleess ffoorr ccaasseess 3.6 3.7 4d. Being prepared for [his/her] 3.7 cases 3.6 3.5 4e. Managing court proceedings so that there is 3.5 little wasted time 3.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Edward S. Colt, II All District Judges All Trial Judges Judicial Performance Survey 2008 Page 5 ## Page 64 Edward S. Colt, II Non-Attorney Survey Average Grades: Application and Knowledge of Law 3.7 Q5. Overall App of Law 3.6 3.5 3.7 5a. Giving reasons for rulings 3.6 3.5 3.6 5b. Willing to make decision without regard to possible 3.6 outside pressure 3.5 3.7 5c. Being able to identify and 3.6 analyze relevant facts 33.55 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Edward S. Colt, II All District Judges All Trial Judges Judicial Performance Survey 2008 Page 6 ## Page 65 Edward S. Colt, II Non-Attorney Survey Average: How biased do you think Judge Colt, II is toward the defense or prosecution? Edward S. Colt, II -0.2 All District Judges 0.1 All Trial Judges 0.1 5 4 3 2 1 0 1 2 3 4 5 (cid:205) Defense Prosecution (cid:206) Judicial Performance Survey 2008 Page 7 ## Page 66 Edward S. Colt, II Non-Attorney Survey Average: How lenient or how harsh are Judge Colt, II's sentences? Edward S. Colt, II -0.4 All District Judges 0.0 All Trial Judges 0.0 5 4 3 2 1 0 1 2 3 4 5 (cid:205) Lenient Harsh (cid:206) Judicial Performance Survey 2008 Page 8 ## Page 67 Edward S. Colt, II Non-Attorney Survey Retention Recommendation 100% 90% 87% 86% 85% 81%81% 80% 78% 70% 60% 5500%% 40% 30% 20% 9% 9% 10% 8% 8% 7% 7%7% 7% 5% 5% 5% 4% 4% 3% 3% 2% 2%2% 2% 2%2% 0% Including Undecided Excluding Undecided Judge Colt, II All District Judges All Trial Judges Judicial Performance Survey 2008 Page 9 ## Page 68 Edward S. Colt, II Non-Attorney Survey 1a. How would you grade Judge Colt, II on "Giving proceedings a sense of dignity?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 76% 76% 73% B 16% 16% 18% C 4% 3% 4% D 1% 2% 2% Fail 0% 1% 2% No Grade 3% 1% 1% Average 3.7 3.7 3.6 Letter Grade A- A- B+ Judicial Performance Survey 2008 Page 1 ## Page 69 Edward S. Colt, II Non-Attorney Survey 1b. How would you grade Judge Colt, II on "Treating participants politely and with respect?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 79% 79% 76% B 16% 13% 14% C 3% 4% 4% D 0% 1% 2% Fail 0% 2% 3% No Grade 2% 1% 1% Average 3.8 3.7 3.6 Letter Grade A- A- B+ Judicial Performance Survey 2008 Page 2 ## Page 70 Edward S. Colt, II Non-Attorney Survey 1c. How would you grade Judge Colt, II on "Conducting [his/her] courtroom in a neutral manner?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 76% 77% 74% B 17% 13% 14% C 3% 4% 5% D 3% 2% 2% Fail 1% 2% 3% No Grade 2% 1% 1% Average 3.7 3.6 3.6 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 3 ## Page 71 Edward S. Colt, II Non-Attorney Survey 1d. How would you grade Judge Colt, II on "Having a sense of compassion and human understanding for those who appear before the judge?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 74% 71% 69% B 19% 17% 17% C 4% 4% 5% D 1% 2% 2% Fail 0% 3% 4% No Grade 3% 3% 3% Average 3.7 3.6 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 4 ## Page 72 Edward S. Colt, II Non-Attorney Survey 2a. How would you grade Judge Colt, II on "Giving participants an opportunity to be heard?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 81% 77% 75% B 11% 14% 14% C 3% 4% 4% D 2% 2% 2% Fail 1% 2% 3% No Grade 3% 2% 2% Average 3.7 3.7 3.6 Letter Grade A- A- B+ Judicial Performance Survey 2008 Page 5 ## Page 73 Edward S. Colt, II Non-Attorney Survey 2b. How would you grade Judge Colt, II on "Treating those involved in the case without bias?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 76% 75% 73% B 11% 14% 14% C 8% 3% 4% D 2% 2% 2% Fail 0% 3% 4% No Grade 4% 3% 3% Average 3.7 3.6 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 6 ## Page 74 Edward S. Colt, II Non-Attorney Survey 2c. How would you grade Judge Colt, II on "Treating fairly people who represent themselves?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 58% 47% 49% B 6% 8% 9% C 3% 2% 3% D 0% 1% 1% Fail 0% 2% 3% No Grade 33% 39% 35% Average 3.8 3.6 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 7 ## Page 75 Edward S. Colt, II Non-Attorney Survey 2d. How would you grade Judge Colt, II on "Giving each side enough time to present his or her case?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 76% 75% 72% B 12% 14% 14% C 3% 3% 4% D 2% 2% 2% Fail 1% 2% 3% No Grade 6% 5% 5% Average 3.7 3.7 3.6 Letter Grade A- A- B+ Judicial Performance Survey 2008 Page 8 ## Page 76 Edward S. Colt, II Non-Attorney Survey 3a. How would you grade Judge Colt, II on "Making sure participants understand the proceedings, and what's going on in the courtroom?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 75% 78% 76% B 17% 13% 14% C 4% 4% 5% D 0% 2% 2% Fail 2% 1% 2% No Grade 3% 2% 2% Average 3.7 3.7 3.6 Letter Grade A- A- B+ Judicial Performance Survey 2008 Page 9 ## Page 77 Edward S. Colt, II Non-Attorney Survey 3b. How would you grade Judge Colt, II on "Using language that everyone can understand?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 77% 78% 76% B 19% 16% 16% C 1% 4% 4% D 1% 1% 1% Fail 0% 1% 1% No Grade 2% 1% 1% Average 3.8 3.7 3.7 Letter Grade A- A- A- Judicial Performance Survey 2008 Page 10 ## Page 78 Edward S. Colt, II Non-Attorney Survey 3c. How would you grade Judge Colt, II on "Speaking clearly so everyone in the courtroom can hear what's being said?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 76% 79% 78% B 19% 14% 14% C 2% 4% 4% D 2% 1% 1% Fail 0% 1% 1% No Grade 2% 1% 1% Average 3.7 3.7 3.7 Letter Grade A- A- A- Judicial Performance Survey 2008 Page 11 ## Page 79 Edward S. Colt, II Non-Attorney Survey 4a. How would you grade Judge Colt, II on "Beginning court on time?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 67% 61% 61% B 19% 24% 24% C 6% 7% 8% D 1% 2% 2% Fail 1% 2% 2% No Grade 6% 4% 4% Average 3.6 3.5 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 12 ## Page 80 Edward S. Colt, II Non-Attorney Survey 4b. How would you grade Judge Colt, II on "Maintaining appropriate control over proceedings?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 76% 78% 77% B 15% 15% 15% C 4% 4% 4% D 1% 1% 1% Fail 0% 1% 1% No Grade 3% 2% 2% Average 3.7 3.7 3.7 Letter Grade A- A- A- Judicial Performance Survey 2008 Page 13 ## Page 81 Edward S. Colt, II Non-Attorney Survey 4c. How would you grade Judge Colt, II on "Setting reasonable schedules for cases?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 67% 64% 62% B 18% 17% 17% C 2% 5% 5% D 0% 1% 1% Fail 2% 2% 2% No Grade 12% 12% 13% Average 3.7 3.6 3.6 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 14 ## Page 82 Edward S. Colt, II Non-Attorney Survey 4d. How would you grade Judge Colt, II on "Being prepared for [his/her] cases?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 72% 73% 71% B 13% 14% 14% C 3% 3% 4% D 0% 1% 1% Fail 2% 2% 2% No Grade 10% 7% 8% Average 3.7 3.7 3.6 Letter Grade A- A- B+ Judicial Performance Survey 2008 Page 15 ## Page 83 Edward S. Colt, II Non-Attorney Survey 4e. How would you grade Judge Colt, II on "Managing court proceedings so that there is little wasted time?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 67% 67% 66% B 17% 21% 20% C 9% 6% 7% D 2% 2% 2% Fail 1% 2% 2% No Grade 5% 3% 3% Average 3.5 3.5 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 16 ## Page 84 Edward S. Colt, II Non-Attorney Survey 5a. How would you grade Judge Colt, II on "Giving reasons for rulings?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 70% 67% 65% B 15% 16% 16% C 4% 4% 5% D 2% 2% 2% Fail 0% 2% 3% No Grade 9% 9% 9% Average 3.7 3.6 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 17 ## Page 85 Edward S. Colt, II Non-Attorney Survey 5b. How would you grade Judge Colt, II on "Willing to make decision without regard to possible outside pressure?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 62% 61% 59% B 13% 11% 12% C 7% 3% 4% D 1% 2% 2% Fail 0% 3% 3% No Grade 18% 20% 20% Average 3.6 3.6 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 18 ## Page 86 Edward S. Colt, II Non-Attorney Survey 5c. How would you grade Judge Colt, II on "Being able to identify and analyze relevant facts?" Judge All District All Trial Colt, II Judges 2008 Judges 2008 A 68% 68% 66% B 14% 13% 14% C 3% 3% 4% D 3% 2% 3% Fail 0% 3% 4% No Grade 13% 10% 10% Average 3.7 3.6 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 19 ## Page 87 Edward S. Colt, II Non-Attorney Survey 6. How biased do you think Judge Colt, II is towards the defense or the prosecution? Judge All District All Trial Colt, II Judges 2008 Judges 2008 5 0% 1% 2% ⇑ 4 0% 1% 1% 3 2% 2% 2% 2 3% 2% 2% 1 3% 4% 5% 0 Neutral 79% 84% 82% -1 3% 2% 3% -2 2% 2% 1% -3 3% 1% 1% -4 3% 1% 1% ⇓ -5 1% 1% 1% Average -0.2 0.1 0.1 noitucesorP drawoT esnefeD drawoT Judicial Performance Survey 2008 Page 20 ## Page 88 Edward S. Colt, II Non-Attorney Survey 7. How lenient or harsh do you think the sentences handed down by Judge Colt, II are? Judge All District All Trial Colt, II Judges 2008 Judges 2008 5 0% 2% 2% ⇑ 4 0% 1% 2% 3 0% 2% 2% 2 3% 2% 2% 1 3% 3% 3% 0 Appropriate 77% 78% 76% -1 4% 5% 5% -2 7% 4% 4% -3 1% 2% 2% -4 3% 1% 1% ⇓ -5 3% 1% 1% Average -0.4 0.0 0.0 hsraH oT thgiL oT Judicial Performance Survey 2008 Page 21 ## Page 89 Edward S. Colt, II Non-Attorney Survey 12. Do you recommend that Judge Colt, II be retained in office or not be retained in office? Judge All District All Trial Colt, II Judges 2006 Judges 2008 Strongly Recommend 86% 87% 85% Retain in office Somewhat Recommend 9% 7% 8% Retain in office Somewhat Recommend Not 3% 2% 2% Retain in office Strongly Recommend Not Retain in office 2% 4% 5% Judicial Performance Survey 2008 Page 22 ## Page 90 MMeetthhooddoollooggyy ## Page 91 MMeetthhooddoollooggyy Sample: The databases of names and addresses of the people who had likely been in each judge’s courtroom were primarily provided by the Colorado Judicial Department, Colorado District Attorneys’ Council and the Denver County Courts. These three sources provided name and address data in 2005, 2006, 2007 and 2008. Starting in the second quarter of 2007, the data was provided quarterly. Where there were low sample counts, this data was supplemented by contacting district court administrators for additional sample of particular types of potential respondents. The data was then combined, duplicates removed and addresses corrected— quarterly starting in 2007. Depending on the available number of names and the count of already received surveys for a particular judge, either all or a random sample of names were 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 appeared. Survey: Each person whose name was drawn 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 would be sent a personalized introductory letter and a questionnaire with a postage-paid return envelope. Those who did not respond to the first questionnaire were then sent a sent follow-up postcard. If the person did not respond after the follow-up postcard, a second questionnaire and letter were sent and in some instances a second follow-up postcard was sent after the second letter and questionnaire. In order to increase the number of attorney responses, particularly for judges with few attorney responses, telephone interviews were conducted with attorneys who had not responded to the mailed questionnaires. Over 900 interviews were completed by telephone. 1 ## Page 92 Questionnaire: The questionnaire used in the 2008 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 respondents 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 estimated 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 estimated overall response rate as well as the response rate by the different types of respondents. The true response rates are likely considerably higher than shown because of the relatively high percentage of people who were mailed questionnaires about judges who they had not observed in court. 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 similar table showing the response counts and estimated cooperation rate for your survey is provided at the end of this methodology section. 2 ## Page 93 Total No Undeliverable/ Other Non- Cooperation Sent Response Not Applicable responses Completes Rate Attorneys Criminal District Attorneys 841 306 93 2 440 58.8% Defense Attorneys 1,082 341 102 2 637 65.0% Other Attorneys Crmnl 809 418 27 3 361 46.2% Civil Attorneys for Litigants 1,395 312 171 13 899 73.4% Other Attorneys Civil 598 280 53 2 263 48.3% Attorneys, Unknown Role 852 289 77 2 484 62.5% Total Attorneys 5,577 1,946 523 24 3,084 61.0% Non-attorneys Criminal Law Enforcement 8,170 5,431 1,417 34 1,288 19.1% Defendant 13,787 9,091 3,737 25 934 9.3% Victim 295 222 63 2 8 3.4% Witness 1,886 1,342 453 5 86 6.0% Other 5,396 3,532 1,301 43 520 12.7% Civil Litigant 6,552 4,390 1,109 21 1,032 19.0% Witness 46 31 5 0 10 24.4% Other 59 29 15 0 15 34.1% Non-attnys, Unknown Role 5,065 2,598 1,843 12 612 19.0% Total Non-attorneys 41,256 26,666 9,943 142 4,505 14.4% Others Appellate Judges 26 6 0 0 20 76.9% Jurors 10,214 4,940 460 22 4,792 49.1% Total Other 10,240 4,946 460 22 4,812 49.2% Total 57,073 33,558 10,926 188 12,401 26.9% 3 ## Page 94 Results: The results of the Survey are in three main sections: Attorney respondents, Appellate Judge respondents and Non-attorney respondents. Within the Attorney and Non-attorney section are subsections of graphs displaying average grades for each section of the questionnaire and each question and tables showing the percentage distribution of grades. The Appellate Judge section is new this year, and shows the percentage distribution of the grades given by the appellate judges on overall performance. 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 judges, and all trial judges for which 2008 surveys were conducted. Questions relating to bias toward the defense or prosecution, sentencing and retention recommendation are also graphed. 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— = 3.67 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 0.66 This section also includes two comparative columns of results: one comparative column shows the results for that question for district judges surveyed in 2008, along with a second comparative column showing the results for all trial judges in the 2008 survey. 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 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. The Colorado Judicial Performance Evaluation Survey is not 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. 4 ## Page 95 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 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. 5 ## Page 96 Edward S. Colt, II Responses by Type Total No Undeliverable/ Other Non- Coop Role Type Sent Response Not Applicable Responses Completes Rate Attorneys Criminal District Attorneys 25 4 2 0 19 82.6% Defense Attorneys 12 3 0 0 9 75.0% Other Attorneys Criminal 1 0 0 0 1 100.0% Civil Attorneys for Litigants 9 1 2 0 6 85.7% Other Attorneys Civil 3 2 0 0 1 33.3% Attorneys, Unknown Role Type 9 2 3 0 4 66.7% Total Attorneys 59 12 7 0 40 23.1% Non-attorneys Criminal Law Enforcement 236 150 59 1 26 14.7% Defendant 174 101 65 0 8 7.3% Witness 25 20 5 0 0 0.0% Other 234 150 66 1 17 10.1% Civil Litigant 56 38 12 2 4 9.1% Non-attorneys, Unknown Role Type 10 5 5 0 0 0.0% Total Non-attorneys 735 464 212 4 55 88.7% Others Appellate Judges 26 6 0 0 20 76.9% Jurors 175 98 11 0 66 40.2% Total Others 201 104 11 0 86 54.7% Grand Total: 995 580 230 4 181 23.7% Judicial Performance Survey 2008 Page 1 ## Page 97 QQuueessttiioonnnnaaiirreess ## Page 98 Commission on Judicial Performance 10. And what would you say are Judge [Last Name]’s weaknesses? _ Attorney Questionnaire _ _ Evaluation of _ _ JUDGE [NAME] 11. Is there anything else that you would like to say about Judge [Last Name]? _ 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 _ 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/NS). _ DK 1. Case Management: A B C D F N/A 12. Keeping in mind your responses to each of the previous questions, how a. Promptly making rulings during trial. 4 3 2 1 0 9 strongly do you recommend that Judge [Last Name] be retained in office, or not retained in office? b. Beginning court on time. 4 3 2 1 0 9 c. Allotting appropriate amount of time for cases. 4 3 2 1 0 9 Strongly recommend he be retained in office. 5 Somewhat recommend he be retained in office . 4 d. Keeping cases moving according to schedule. 4 3 2 1 0 9 Undecided or don’t know enough to make recommendation . 3 e. [Civil only]1 Assisting parties to reach agreement. 4 3 2 1 0 9 Somewhat recommend he not be retained in office . 2 f. Maintaining appropriate control over proceedings. 4 3 2 1 0 9 Strongly recommend he not be retained in office . 1 g. Promptly ruling on pre-trial motions. 4 3 2 1 0 9 And why do you think that way about retaining or not retaining Judge [Last h. Promptly issuing a decision on the case after trial. 4 3 2 1 0 9 Name]? 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 _ _ c. [Civil only]1 Issuing written findings of fact and law. 4 3 2 1 0 9 d. Willing to reconsider error in fact or law. 4 3 2 1 0 9 e. Having knowledge of relevant substantive law. 4 3 2 1 0 9 Thank you for your time in completing this questionnaire. f. Having knowledge of rules of procedure Please place it in the self-addressed, postage paid enveloped and evidence. 4 3 2 1 0 9 provided, and place it in the mail. Your participation in this g. Being able to identify and analyze relevant facts. 4 3 2 1 0 9 survey is very much appreciated. 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 DK 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 99 3. Communications: A B C D F N/A 6. [Criminal cases only] 1 On the scale below, please indicate by circling the a. Speaking clearly. 4 3 2 1 0 9 appropriate number how biased you think Judge [Last Name] is toward b. Makings sure all participants understand the defense or the prosecution. If you feel Judge [Last Name] is the proceedings. 4 3 2 1 0 9 completely unbiased, circle “0.” c. Using understandable language. 4 3 2 1 0 9 Bias toward Completely Bias toward Defense Neutral Prosecution d. Providing written communications that are clear, thorough and well reasoned. 4 3 2 1 0 9 5 4 3 2 1 0 1 2 3 4 5 DK 7. [Criminal cases only]1 On the scale below, please indicate by circling the 4. Demeanor: A B C D F N/A appropriate number how lenient or how harsh you think the sentences a. Giving proceedings a sense of dignity. 4 3 2 1 0 9 generally handed down by Judge [Last Name] are. If you feel Judge [Last b. Treating everyone involved politely. 4 3 2 1 0 9 Name] generally hands down appropriate sentences, circle “0.” c. Having empathy with the parties involved. 4 3 2 1 0 9 Sentences Appropriate Sentences d. Treating participants with respect. 4 3 2 1 0 9 Too Light Sentences Too Harsh 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 g. Conducting his/her courtroom in a neutral manner. 4 3 2 1 0 9 Though your name will never be associated with your answers, because the judge will h. Giving all participants an opportunity to be heard. 4 3 2 1 0 9 see a typed transcript of the comments that you and others write, it is important that i. Consistently applying laws and rules. 4 3 2 1 0 9 you do not include information in the comments below that would unintentionally identify you as the author. 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 8. If an associate were assigned to Judge [Last Name] in a case and asked you for advice, what would you say? 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 9. What would you say are Judge [Last Name]’s strengths? prepared for his/her cases. 4 3 2 1 0 9 ___________________________________________________________ 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] {Question 3d is asked only regarding district judges.} 1 Please answer questions 6 & 7 only if you have observed the judge in a criminal case. ## Page 100 12. Keeping in mind your responses to each of the previous questions, how Commission on Judicial Performance 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 Evaluation of Somewhat recommend he/she be retained in office ............................ 4 JUDGE[NAME] 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). [Last 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 understanding for those who appear place it in the self-addressed, postage paid enveloped provided, before him/her. 4 3 2 1 0 9 and place it in the mail. Your participation in this survey is 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 101 DK Though your name will never be associated with your answers, because the judge will 4. Diligence: A B C D F N/A see a typed transcript of the comments that you and others write, it is important that a. Beginning court on time. 4 3 2 1 0 9 you do not include information in the comments below that would unintentionally identify you as the author. b. Maintaining appropriate control over proceedings. 4 3 2 1 0 9 8. If a friend of yours was scheduled to appear before Judge [Last Name] c. Setting reasonable schedules for cases. 4 3 2 1 0 9 as a party in either a civil or criminal case and asked you for advice, what d. Being prepared for his/her cases. 4 3 2 1 0 9 would you tell your friend about Judge [Last Name] ? e. Managing court proceedings so that there is _ little wasted time. 4 3 2 1 0 9 _ _ _ 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 9. What would you say are Judge [Last Name]’s strengths? possible outside pressure. 4 3 2 1 0 9 _ c. Being able to identify and analyze relevant facts. 4 3 2 1 0 9 _ _ _ _ 6. [If you were in [Last 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 [Last Name] is toward the defense or 10. And what would you say are Judge [Last Name]’s weaknesses? the prosecution. If you feel Judge [Last Name] is completely unbiased, _ circle “0.” _ _ Bias toward Completely Bias toward _ Defense Neutral Prosecution _ 5 4 3 2 1 0 1 2 3 4 5 _ 7. [If you were in [Last Name]’s courtroom during a criminal case or 11. Is there anything else that you would like to say about Judge cases please answer this question, otherwise skip to the next [Last Name] ? 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 [Last Name] are. If you feel Judge [Last Name] generally hands _ down appropriate sentences, circle “0.” _ Sentences Appropriate Sentences _ Too Light Sentences Too Harsh _ 5 4 3 2 1 0 1 2 3 4 5 Continued on Back Page
  • 2002 cycle
    • Read full retention survey textexpand
      ## Page 1 March 6, 2002 The Honorable Edward S. Colt, II P.O. Box 2980 Colorado Springs, CO 80901-2980 Dear Judge Colt, II: 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 2002 survey was conducted by Talmey-Drake Research & Strategy, Inc., who attempted to contact over 55,000 people who had been in these courtrooms in one capacity or another. Over 18,000 people responded—3,686 to the attorney survey and 14,925 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: · Results: This section contains the average and percentage distribution of responses to each substantive numerical question in the survey. It is divided into two subsections, one for the results of the attorney survey and one for the results of the non-attorney survey. · Comments: Respondents were also asked to comment about each judge on each section of the questionnaire: courtesy, impartiality, communications skills, judicial temperament, diligence, application of the law, retention and general comments. These comments have been transcribed, and in some instances redacted to eliminate respondent identifying information. Again this section has been divided into two subsections, one for attorney comments and one for non-attorney comments. · Methodology: The fourth section of the report discusses the methodology of the survey. · Questionnaires: And the final section provides copies of the questionnaires that were used. 100 Arapahoe, Suite One, Boulder, CO 80302 Phone 303.443.5300 Fax 303.447.9386 ## Page 2 March 6, 2002 The Honorable Edward S. Colt, II 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, Michelle Stermer, at 303-837-3665. Best regards, Paul A. Talmey President enc: ## Page 3 Judge Edward S. Colt II Attorney Survey 1a. How would you grade Judge Colt II on being courteous toward parties or witnesses? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 58% 65% 65% B 33% 20% 21% C 8% 6% 7% D 3% 3% Fail 2% 2% No Grade 4% 3% Average Grade 3.5 3.5 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2002 Judicial District 4 Page 1 ## Page 4 Judge Edward S. Colt II Attorney Survey 1b. How would you grade Judge Colt II on being courteous toward attorneys? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 58% 60% 61% B 25% 22% 22% C 17% 8% 8% D 4% 4% Fail 3% 3% No Grade 3% 3% Average Grade 3.4 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2002 Judicial District 4 Page 2 ## Page 5 Judge Edward S. Colt II Attorney Survey 1c. How would you grade Judge Colt II on being courteous toward pro se parties? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 58% 43% 48% B 17% 13% 14% C 8% 4% 6% D 1% 2% Fail 1% 2% No Grade 17% 37% 29% Average Grade 3.6 3.5 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2002 Judicial District 4 Page 3 ## Page 6 Judge Edward S. Colt II Attorney Survey 2a. How would you grade Judge Colt II on treating parties equally regardless of race? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 58% 61% 63% B 8% 11% 12% C 8% 3% 3% D 1% 1% Fail 8% 1% 1% No Grade 17% 24% 19% Average Grade 3.3 3.7 3.7 Letter Grade B A- A- Judicial Performance Survey 2002 Judicial District 4 Page 4 ## Page 7 Judge Edward S. Colt II Attorney Survey 2b. How would you grade Judge Colt II on treating parties equally regardless of gender? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 67% 65% 66% B 17% 12% 14% C 5% 5% D 2% 2% Fail 2% 2% No Grade 17% 14% 12% Average Grade 3.8 3.6 3.6 Letter Grade A- B+ B+ Judicial Performance Survey 2002 Judicial District 4 Page 5 ## Page 8 Judge Edward S. Colt II Attorney Survey 2c. How would you grade Judge Colt II on treating parties equally regardless of age? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 75% 64% 66% B 8% 12% 13% C 3% 4% D 1% 1% Fail 1% 1% No Grade 17% 18% 15% Average Grade 3.9 3.7 3.7 Letter Grade A- A- A- Judicial Performance Survey 2002 Judicial District 4 Page 6 ## Page 9 Judge Edward S. Colt II Attorney Survey 2d. How would you grade Judge Colt II on treating parties equally regardless of social/economic status? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 67% 64% 65% B 8% 12% 13% C 8% 5% 5% D 2% 2% Fail 8% 2% 2% No Grade 8% 15% 13% Average Grade 3.4 3.6 3.6 Letter Grade B+ B+ B+ Judicial Performance Survey 2002 Judicial District 4 Page 7 ## Page 10 Judge Edward S. Colt II Attorney Survey 2e. How would you grade Judge Colt II on being fair and impartial toward both sides? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 58% 61% 60% B 8% 17% 17% C 17% 8% 8% D 4% 5% Fail 8% 4% 4% No Grade 8% 6% 5% Average Grade 3.2 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2002 Judicial District 4 Page 8 ## Page 11 Judge Edward S. Colt II Attorney Survey 2f. How would you grade Judge Colt II on treating pro se parties fairly? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 50% 47% 51% B 8% 10% 11% C 8% 3% 4% D 1% 1% Fail 1% 1% No Grade 33% 38% 31% Average Grade 3.6 3.6 3.6 Letter Grade B+ B+ B+ Judicial Performance Survey 2002 Judicial District 4 Page 9 ## Page 12 Judge Edward S. Colt II Attorney Survey 2g. How would you grade Judge Colt II on not engaging in ex parte communications? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 50% 61% 59% B 10% 12% C 8% 4% 4% D 17% 1% 1% Fail 8% 2% 2% No Grade 17% 23% 21% Average Grade 2.8 3.7 3.6 Letter Grade B- A- B+ Judicial Performance Survey 2002 Judicial District 4 Page 10 ## Page 13 Judge Edward S. Colt II Attorney Survey 3a. How would you grade Judge Colt II on providing written communications that are clear, thorough, and well reasoned? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 17% 42% 37% B 33% 23% 23% C 25% 9% 9% D 8% 2% 2% Fail 8% 3% 2% No Grade 8% 21% 27% Average Grade 2.5 3.3 3.2 Letter Grade C+ B B Judicial Performance Survey 2002 Judicial District 4 Page 11 ## Page 14 Judge Edward S. Colt II Attorney Survey 3b. How would you grade Judge Colt II on communicating verbally in a clear, thorough, and well reasoned manner? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 25% 55% 54% B 17% 27% 28% C 25% 9% 9% D 25% 3% 4% Fail 8% 2% 2% No Grade 3% 3% Average Grade 2.3 3.3 3.3 Letter Grade C B B Judicial Performance Survey 2002 Judicial District 4 Page 12 ## Page 15 Judge Edward S. Colt II Attorney Survey 3c. How would you grade Judge Colt II on explaining court procedures clearly and thoroughly? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 25% 54% 54% B 33% 25% 26% C 33% 9% 9% D 8% 3% 3% Fail 2% 2% No Grade 8% 7% Average Grade 2.8 3.4 3.4 Letter Grade B- B+ B+ Judicial Performance Survey 2002 Judicial District 4 Page 13 ## Page 16 Judge Edward S. Colt II Attorney Survey 4a. How would you grade Judge Colt II on maintaining a professional demeanor in the courtroom? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 25% 64% 64% B 33% 20% 21% C 25% 6% 7% D 8% 3% 4% Fail 3% 3% No Grade 8% 3% 3% Average Grade 2.8 3.4 3.4 Letter Grade B- B+ B+ Judicial Performance Survey 2002 Judicial District 4 Page 14 ## Page 17 Judge Edward S. Colt II Attorney Survey 4b. How would you grade Judge Colt II on listening patiently to all testimony and arguments before issuing a ruling? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 25% 57% 57% B 33% 22% 22% C 8% 8% 8% D 17% 4% 5% Fail 8% 4% 4% No Grade 8% 5% 4% Average Grade 2.5 3.3 3.3 Letter Grade C+ B B Judicial Performance Survey 2002 Judicial District 4 Page 15 ## Page 18 Judge Edward S. Colt II Attorney Survey 5a. How would you grade Judge Colt II on managing cases and docket efficiently and with minimal delay? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 17% 45% 46% B 33% 27% 27% C 25% 11% 11% D 8% 4% 4% Fail 8% 4% 4% No Grade 8% 9% 8% Average Grade 2.5 3.2 3.2 Letter Grade C+ B B Judicial Performance Survey 2002 Judicial District 4 Page 16 ## Page 19 Judge Edward S. Colt II Attorney Survey 5b. How would you grade Judge Colt II on being punctual in commencing proceedings? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 33% 55% 54% B 33% 28% 28% C 25% 8% 9% D 8% 2% 2% Fail 2% 2% No Grade 4% 4% Average Grade 2.9 3.4 3.3 Letter Grade B- B+ B Judicial Performance Survey 2002 Judicial District 4 Page 17 ## Page 20 Judge Edward S. Colt II Attorney Survey 5c. How would you grade Judge Colt II on using court time efficiently? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 25% 54% 54% B 17% 26% 25% C 42% 10% 10% D 17% 3% 3% Fail 3% 3% No Grade 5% 5% Average Grade 2.5 3.3 3.3 Letter Grade C+ B B Judicial Performance Survey 2002 Judicial District 4 Page 18 ## Page 21 Judge Edward S. Colt II Attorney Survey 5d. How would you grade Judge Colt II on being prepared for all court matters? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 25% 59% 58% B 8% 22% 23% C 33% 7% 7% D 8% 2% 3% Fail 17% 2% 2% No Grade 8% 7% 7% Average Grade 2.2 3.4 3.4 Letter Grade C B+ B+ Judicial Performance Survey 2002 Judicial District 4 Page 19 ## Page 22 Judge Edward S. Colt II Attorney Survey 5e. How would you grade Judge Colt II on being willing to handle cases on the docket even when they are complicated and time Judge All District All Trial Colt II Judges 2002 Judges 2002 A 42% 49% 49% B 8% 18% 18% C 17% 7% 7% D 25% 2% 3% Fail 8% 3% 3% No Grade 21% 21% Average Grade 2.5 3.4 3.4 Letter Grade C+ B+ B+ Judicial Performance Survey 2002 Judicial District 4 Page 20 ## Page 23 Judge Edward S. Colt II Attorney Survey 5f. How would you grade Judge Colt II on providing quick access to the court in emergency matters? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 42% 32% 33% B 8% 13% 13% C 5% 5% D 8% 2% 2% Fail 2% 2% No Grade 42% 46% 45% Average Grade 3.4 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2002 Judicial District 4 Page 21 ## Page 24 Judge Edward S. Colt II Attorney Survey 6a. How would you grade Judge Colt II on having knowledge of the rules of evidence and procedure? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 33% 57% 53% B 17% 24% 25% C 17% 8% 9% D 25% 2% 3% Fail 8% 2% 2% No Grade 7% 7% Average Grade 2.4 3.4 3.3 Letter Grade C+ B+ B Judicial Performance Survey 2002 Judicial District 4 Page 22 ## Page 25 Judge Edward S. Colt II Attorney Survey 6b. How would you grade Judge Colt II on ruling on motions in a timely matter? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 17% 49% 49% B 33% 25% 25% C 25% 8% 8% D 17% 3% 3% Fail 3% 3% No Grade 8% 11% 13% Average Grade 2.5 3.3 3.3 Letter Grade C+ B B Judicial Performance Survey 2002 Judicial District 4 Page 23 ## Page 26 Judge Edward S. Colt II Attorney Survey 6c. How would you grade Judge Colt II on making the correct decision based upon the law and the facts? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 25% 45% 44% B 42% 29% 29% C 11% 12% D 8% 5% 5% Fail 17% 4% 4% No Grade 8% 6% 6% Average Grade 2.5 3.1 3.1 Letter Grade C+ B B Judicial Performance Survey 2002 Judicial District 4 Page 24 ## Page 27 Judge Edward S. Colt II Attorney Survey 6d. How would you grade Judge Colt II on making decisions without regard to possible criticism? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 8% 51% 50% B 42% 20% 20% C 17% 8% 8% D 8% 3% 3% Fail 17% 3% 3% No Grade 8% 16% 15% Average Grade 2.2 3.4 3.3 Letter Grade C B+ B Judicial Performance Survey 2002 Judicial District 4 Page 25 ## Page 28 Judge Edward S. Colt II Attorney Survey 7. Do you recommend that Judge Colt II be retained in office or not be retained in office? Judge All District All Trial Colt II Judges 2002 Judges 2002 Retain in office 50% 85% 84% Do not retain in office 42% 10% 11% No opinion 8% 5% 5% Judicial Performance Survey 2002 Judicial District 4 Page 26 ## Page 29 Judge Edward S. Colt II Non-Attorney Survey 1a. How would you grade Judge Colt II on being courteous toward everyone in the courtroom? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 78% 68% 67% B 13% 19% 19% C 6% 5% 6% D 1% 2% 2% Fail 2% 2% No Grade 2% 4% 4% Average Grade 3.7 3.6 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2002 Judicial District 4 Page 1 ## Page 30 Judge Edward S. Colt II Non-Attorney Survey 1b. How would you grade Judge Colt II on being courteous toward persons representing themselves? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 50% 44% 47% B 11% 14% 15% C 4% 4% 5% D 1% 1% 2% Fail 2% 2% No Grade 35% 35% 30% Average Grade 3.7 3.5 3.4 Letter Grade A- B+ B+ Judicial Performance Survey 2002 Judicial District 4 Page 2 ## Page 31 Judge Edward S. Colt II Non-Attorney Survey 2a. How would you grade Judge Colt II on treating parties equally regardless of race? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 80% 68% 65% B 11% 14% 14% C 3% 3% 4% D 1% 1% Fail 1% 2% No Grade 6% 13% 14% Average Grade 3.8 3.7 3.6 Letter Grade A- A- B+ Judicial Performance Survey 2002 Judicial District 4 Page 3 ## Page 32 Judge Edward S. Colt II Non-Attorney Survey 2b. How would you grade Judge Colt II on treating parties equally regardless of gender? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 78% 70% 67% B 14% 15% 16% C 3% 4% 5% D 1% 1% 2% Fail 2% 2% No Grade 5% 8% 9% Average Grade 3.8 3.6 3.6 Letter Grade A- B+ B+ Judicial Performance Survey 2002 Judicial District 4 Page 4 ## Page 33 Judge Edward S. Colt II Non-Attorney Survey 2c. How would you grade Judge Colt II on treating parties equally regardless of age? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 77% 70% 67% B 12% 15% 16% C 5% 4% 5% D 1% 1% 1% Fail 1% 2% No Grade 5% 9% 10% Average Grade 3.7 3.7 3.6 Letter Grade A- A- B+ Judicial Performance Survey 2002 Judicial District 4 Page 5 ## Page 34 Judge Edward S. Colt II Non-Attorney Survey 2d. How would you grade Judge Colt II on treating parties equally regardless of social/economic status? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 76% 69% 66% B 14% 15% 15% C 3% 4% 5% D 2% 2% 2% Fail 1% 2% 3% No Grade 5% 9% 9% Average Grade 3.7 3.6 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2002 Judicial District 4 Page 6 ## Page 35 Judge Edward S. Colt II Non-Attorney Survey 2e. How would you grade Judge Colt II on being fair and impartial toward both sides? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 77% 68% 65% B 11% 15% 16% C 3% 5% 5% D 1% 2% 2% Fail 2% 4% 4% No Grade 5% 6% 7% Average Grade 3.7 3.5 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2002 Judicial District 4 Page 7 ## Page 36 Judge Edward S. Colt II Non-Attorney Survey 2f. How would you grade Judge Colt II on treating parties without attorneys fairly? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 43% 40% 43% B 8% 11% 12% C 2% 3% 4% D 1% 1% 2% Fail 1% 2% 3% No Grade 47% 44% 37% Average Grade 3.7 3.5 3.4 Letter Grade A- B+ B+ Judicial Performance Survey 2002 Judicial District 4 Page 8 ## Page 37 Judge Edward S. Colt II Non-Attorney Survey 2g. How would you grade Judge Colt II on giving each side enough time to present his or her case? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 71% 66% 63% B 13% 16% 16% C 2% 5% 5% D 2% 2% 2% Fail 1% 2% 3% No Grade 12% 9% 11% Average Grade 3.7 3.6 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2002 Judicial District 4 Page 9 ## Page 38 Judge Edward S. Colt II Non-Attorney Survey 3a. How would you grade Judge Colt II on speaking in a way that is clearly understood? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 78% 72% 70% B 15% 18% 19% C 4% 5% 6% D 1% 1% 2% Fail 2% 1% 1% No Grade 1% 2% 2% Average Grade 3.7 3.6 3.6 Letter Grade A- B+ B+ Judicial Performance Survey 2002 Judicial District 4 Page 10 ## Page 39 Judge Edward S. Colt II Non-Attorney Survey 3b. How would you grade Judge Colt II on explaining court procedures clearly and thoroughly? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 79% 71% 69% B 12% 18% 18% C 3% 5% 6% D 2% 1% 2% Fail 1% 1% 2% No Grade 4% 4% 4% Average Grade 3.7 3.6 3.6 Letter Grade A- B+ B+ Judicial Performance Survey 2002 Judicial District 4 Page 11 ## Page 40 Judge Edward S. Colt II Non-Attorney Survey 4a. How would you grade Judge Colt II on maintaining a professional demeanor in the courtroom? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 83% 74% 72% B 11% 15% 16% C 4% 5% 5% D 2% 2% Fail 1% 2% No Grade 2% 3% 3% Average Grade 3.8 3.6 3.6 Letter Grade A- B+ B+ Judicial Performance Survey 2002 Judicial District 4 Page 12 ## Page 41 Judge Edward S. Colt II Non-Attorney Survey 4b. How would you grade Judge Colt II on listening patiently to all testimony and arguments before issuing a ruling? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 79% 68% 66% B 10% 16% 17% C 4% 5% 5% D 3% 2% 2% Fail 1% 3% 3% No Grade 3% 6% 6% Average Grade 3.7 3.5 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2002 Judicial District 4 Page 13 ## Page 42 Judge Edward S. Colt II Non-Attorney Survey 5a. How would you grade Judge Colt II on managing cases efficiently and with minimal delay? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 65% 57% 56% B 16% 21% 22% C 9% 8% 8% D 1% 3% 3% Fail 1% 2% 2% No Grade 9% 9% 9% Average Grade 3.6 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2002 Judicial District 4 Page 14 ## Page 43 Judge Edward S. Colt II Non-Attorney Survey 5b. How would you grade Judge Colt II on starting court on time? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 63% 59% 57% B 21% 22% 23% C 9% 8% 9% D 1% 3% 3% Fail 1% 2% 2% No Grade 5% 6% 6% Average Grade 3.5 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2002 Judicial District 4 Page 15 ## Page 44 Judge Edward S. Colt II Non-Attorney Survey 5c. How would you grade Judge Colt II on being prepared for cases? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 71% 66% 64% B 16% 17% 18% C 2% 5% 6% D 1% 1% 2% Fail 2% 2% 2% No Grade 8% 9% 9% Average Grade 3.7 3.6 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2002 Judicial District 4 Page 16 ## Page 45 Judge Edward S. Colt II Non-Attorney Survey 6a. How would you grade Judge Colt II on considering all information presented when making a decision? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 75% 63% 62% B 10% 15% 16% C 2% 5% 5% D 2% 2% 2% Fail 1% 3% 4% No Grade 9% 11% 11% Average Grade 3.7 3.5 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2002 Judicial District 4 Page 17 ## Page 46 Judge Edward S. Colt II Non-Attorney Survey 6b. How would you grade Judge Colt II on having knowledge of the rules of evidence, procedure and the law? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 79% 69% 67% B 9% 14% 16% C 3% 4% 5% D 2% 1% 2% Fail 1% 2% 2% No Grade 7% 10% 10% Average Grade 3.8 3.6 3.6 Letter Grade A- B+ B+ Judicial Performance Survey 2002 Judicial District 4 Page 18 ## Page 47 Judge Edward S. Colt II Non-Attorney Survey 6c. How would you grade Judge Colt II on deciding important matters in a timely way? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 72% 64% 62% B 16% 17% 18% C 2% 5% 6% D 1% 2% 2% Fail 2% 2% No Grade 9% 10% 10% Average Grade 3.7 3.5 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2002 Judicial District 4 Page 19 ## Page 48 Judge Edward S. Colt II Non-Attorney Survey 6d. How would you grade Judge Colt II on making decisions without regard to public criticism? Judge All District All Trial Colt II Judges 2002 Judges 2002 A 63% 57% 55% B 9% 13% 14% C 3% 4% 5% D 2% 2% 2% Fail 2% 3% No Grade 23% 22% 22% Average Grade 3.7 3.5 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2002 Judicial District 4 Page 20 ## Page 49 Judge Edward S. Colt II Non-Attorney Survey 7. Do you recommend that Judge Colt II be retained in office or not be retained in office? Judge All District All Trial Colt II Judges 2002 Judges 2002 Retain in office 92% 85% 83% Do not retain in office 2% 7% 8% No opinion 6% 8% 9% Judicial Performance Survey 2002 Judicial District 4 Page 21 ## Page 50 MMeetthhooddoollooggyy Sample: The Colorado Judicial Department provided Talmey-Drake Research & Strategy, Inc. with a list of cases heard and closed during the two years prior to the summer of 2001 by the 115 justices and judges standing for retention in November 2002. From this list of cases, Talmey-Drake Research drew a sample of the 250 cases most recently closed for each judge or justice. In some instances where there were an insufficient number of cases (or participants in cases), the time period during which cases could be drawn was lengthened. For each case selected a list of people associated with the case who had likely appeared in the judge’s courtroom were drawn from the Judicial Department’s database, ICON, and the Colorado District Attorney’s database (Blackstone system). The cases and the associated case participants were divided up among the 22 judicial districts and put on CD ROM. These CD’s were distributed to the judicial districts, and district personnel added the names of people who were associated with a case, but whose names and addresses had not been captured electronically. The data from the judicial districts were then returned to Talmey-Drake Research where the data was combined and cleaned. 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: 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. Added to this database were a database of jurors and one of court employees. Survey: In November 2002, each person in the database was mailed a postcard saying they would receive a questionnaire concerning judicial performance and that it was important for them to fill it out and return it. Shortly thereafter, they were sent 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. Non-respondents to the second survey were sent a reminder postcard. At this point, non- responders who had been sent questionnaires about judges who had not yet achieved a target cooperation rate of 40% were sent a third letter and questionnaire—and a follow up postcard. During this process, the sample was augmented for judges with a particularly low number of completed questionnaires. 1 ## Page 51 Questionnaire:The questionnaire used in the 2002 Judicial Performance Survey is identical to the questionnaire used for the 2000 survey. Respondents were asked to use a grade of A, B, C, D, or F (Fail) to assess the justice’s or judge’s performance in the areas of Courtesy, Impartiality, Communication, Judicial Temperament, Diligence and Application of the Law. These scores were then converted to a numerical value where A = 4, B = 3, C = 2, D = 1 and Fail = 0. 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. Refused/ Nonre- Unde- Response Attorney Respondents Total Sent Completed sponse livered Other Rate District Attorney 852 511 227 42 72 69.2% Attorney For Defendant 3,277 1,921 809 223 324 70.4% Attorney for Plaintiff 1,711 1,001 428 92 190 70.0% Guardian ad Litem 85 47 22 9 7 68.1% Unknown Attorney Type 460 206 112 102 40 64.8% Attorney Total 6,385 3,686 1,598 468 633 69.8% Refused/ Nonre- Unde- Response Non-Attny Respondents Total Sent Completed sponse livered Other Rate Law Enforcement 6,918 2,517 2,648 577 1,176 48.7% Social Services Casewrkr 117 61 36 15 5 62.9% Employee 1,946 1,142 526 105 173 68.5% Defendant 15,701 2,467 7,511 5,109 614 24.7% Plaintiff 3,276 943 1,538 553 242 38.0% Juror 12,910 6,565 4,443 776 1,126 59.6% Victim 3,158 414 1,601 788 355 20.5% Other 4,611 816 2,288 951 556 26.3% Non-attorney Total 48,637 14,925 20,591 8,874 4,247 42.0% Total 55,022 18,611 22,189 9,342 4,880 45.6% A similar table showing the response count and cooperation rate for your survey is provided at the end of this methodology section. 2 ## Page 52 Results: The results of the Survey are in two main sections: Results and Comments. Within each main section are two subsections, one for each general type of respondent, attorney or non-attorney. Results: This section shows the percentage distribution of grades you received on each of the substantive questions plus the retain/do not retain question. 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 2002, along with a second comparative column showing the results for all trial judges in the 2002 survey. Comments: Each respondent was encouraged to comment on the judge’s performance in the six areas of Courtesy, Impartiality, Communication, Judicial temperament, Diligence, Application of the law as well as the judge’s Overall performance. This section contains these comments—again divided between results from attorneys and non-attorneys. 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 53 Judge Edward S. Colt II Survey Disposition Report Total Refusals & Undeliv- Other Response Sent Completes Nonresponse erables Response Rate District Attorney 8 6 1 1 85.7% Attorney For Defendant 11 6 4 1 60.0% Attorney for Plaintiff Guardian ad Litem Unknown Attorney Type Sub Total: 19 12 5 1 1 70.6% Law Enforcement 126 29 41 20 36 41.4% Social Services Caseworker Employee 33 19 5 4 5 79.2% Defendant 104 16 35 51 2 31.4% Plaintiff Juror 158 101 41 12 4 71.1% Victim 120 13 50 40 17 20.6% Other 95 9 48 22 16 15.8% Sub Total: 636 187 220 149 80 45.9% Total: 655 199 225 150 81 46.9% 1. 'Other Response' predominately includes people who sent back a survey saying they did not appear in the courtroom, and people who are deceased, or otherwise incapable of responding, and people who could not recall the experience. 2. The Response Rate is calculated using the following formula: Completes (Total Sent - Undeliverables - Other Responses) Judicial Performance Survey 2002 Judicial District 4

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