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James H. Hiatt

Trial Court · Jackson · Jackson

Meets Standards(Retain)3 cycles on record

Evaluation history

  • 2006 retention cycle
    Trial Court · Jackson · Jackson
    Meets Standards(Retain)
    VotersRetained· 75.3% yes
    66,180 yes · 21,700 no50% needed to retain
    Reports: 2006 Retention Survey Report Need an accessible PDF Document version? Please click on the link below and email our staff Contact Us The Eighth Judicial District Commission on Judicial Performance recommends that Judge James H. Hiatt BE RETAINED. The Commission voted nine in favor with one absent. James H. Hiatt received his undergraduate degree in 1969 from the College of William and Mary. In 1973, Judge Hiatt received his Juris Doctorate from the University of Oklahoma, College of Law. He was appointed as District Court Judge in April 1986. Before his appointment to District Court, he served as a District Court Magistrate and prior to that had a private practice. In January, 2000, Judge Hiatt was appointed Chief Judge of the Eighth Judicial District. In addition to his administrative duties as Chief Judge, Judge Hiatt maintains a full docket of cases. Judge Hiatt has been evaluated by four Judicial Performance Commissions over the span of his judgeship and has been unanimously recommended for retention each time. The Commission interviewed representatives from the District Attorney’s office, the Public Defender’s office and law enforcement. The Commission reviewed evaluations of Judge Hiatt received from respondents to a professionally conducted survey of both attorneys and non-attorneys who have been in his courtroom. The Commission considered statistical responses as well as written comments dealing with courtesy, impartiality, communications skill, judicial temperament, diligence, application of the law, and retention. Further, the Commission also considered a written self-evaluation completed by the judge and conducted a personal interview with Judge Hiatt. Judge Hiatt received high survey ratings from survey respondents. Attorneys responding to the survey recommended he be retained by 90%. Ninety-eight percent of the non-attorneys responding to the survey also recommended that Judge Hiatt be retained. He received high marks from both attorneys and non-attorneys in case management, application and knowledge of the law, communications, demeanor and diligence. The commission believes the citizens of the Eighth Judicial District are well served by having Judge Hiatt on the bench. The commission overwhelmingly approved of his retention.
  • 2000 retention cycle
    Trial Court · Jackson · Jackson
    Meets Standards(Retain)
    VotersRetained· 77.6% yes
    71,722 yes · 20,654 no50% needed to retain
    Retention Year: 2000 Recommendation: Retain The Eighth Judicial District Commission on Judicial Performance unanimously recommends that Judge James H. Hiatt BE RETAINED. Judge Hiatt received his undergraduate degree in 1969 from the College of William and Mary. In 1973, Judge Hiatt received his Juris Doctorate from the University of Oklahoma, College of Law. Judge Hiatt was appointed as a Larimer County District Court Judge in April 1986. Before his appointment as a District Court Judge, Judge Hiatt served as a District Court Magistrate and prior to that had a private practice. In January 2000, Judge Hiatt was appointed Chief Judge of the Eighth Judicial District. These duties have expanded his workload by 20%. The Commission feels that Judge Hiatt has successfully accommodated this additional responsibility without any adverse consequences to his daily courtroom activities. The Judicial Performance Commission personally interviewed each judge in the District whose term was nearing completion and who was seeking retention. Further, written evaluations were requested from a random sample of attorneys, court employees, law enforcement personnel, jurors, litigants, crime victims and other constituents who have been involved in proceedings in each judge's court. Survey results were designed and compiled by an independent agency to provide confidentiality. Results from the crime victims were deemed unreliable due to insufficient responses. One hundred sixty-three (163) non-attorneys and 58 attorneys responded to a survey on the performance of Judge Hiatt in the six areas of courtesy, impartiality, communication skills, judicial temperament, diligence, and application of law. Eighty-nine percent (89%) of non-attorneys and 95% of attorneys recommended that Judge Hiatt be retained in office. Six percent (6%) of non-attorneys and 3% of attorneys recommended that Judge Hiatt not be retained in office. Five percent (5%) of non-attorneys and 2% of attorneys had no opinion with respect to retention. Further, Judge Hiatt's ratings when compared to ratings of all Colorado District Court Judges were consistently superior to the overall state ratings of his peers. Survey comments concerning Judge Hiatt were overwhelmingly favorable. The Commission on Judicial Performance believes that Judge Hiatt is a valuable asset to the Eighth Judicial District. He will provide needed supervisory and administrative skills as the courts move to the new Larimer County Justice Center. Judge Hiatt in his interview with the Commission summarized it best when he said that it was a privilege to serve as a District Court Judge.
  • 1994 retention cycle
    Trial Court · Jackson · Jackson
    Meets Standards(Retain)
    VotersRetained· 71.9% yes
    40,616 yes · 15,856 no50% needed to retain
    Retention Year: 1994 Recommendation: Retain Judge Hiatt was appointed to his position May 19, 1986. Prior to that he had been a Juvenile Commissioner and District Court Referee for the District, and attorney in private practice, managing attorney with Colorado Rural Legal Services and staff attorney with Legal Aid of Western Oklahoma. He graduated from the College of William and Mary and took his law degree at the University of Oklahoma. As a District Judge, he handles cases in the criminal, domestic relations, civil, and juvenile areas of law. A survey assessing his performance was sent to jurors, litigants, courthouse personnel, law enforcement personnel, and attorneys. He was assessed by these groups in terms of: Sense of Justice, Fact-Finding, Treating Parties Equally, Knowledge of the Law, Knowledge of Evidence and Procedure, Settlements, Clarity of Decisions, Appropriate Demeanor, Courtroom and Docket Control, Courtesy, Compassion, Diligence, Promptness, and Fairness. He was ranked favorably by greater than 92% of the respondents in these groups. The number of attorneys returning the surveys was considerably greater than were the numbers in other groupings. This was true generally of all Judges being evaluated in the State. Included in the surveys were written comments as well as tabulated response. Of the written comments, most were positive. They included such statement s as: “excellent judge,” “outstanding trial judge,” “thorough,” “an excellent example,” “the best in District,” “extremely fair,” and “does a great job.” Some negative comments were made, including “too rigid” and “harsh” in sentencing and resists making “unpopular decision.” The Commission on Judicial Performance recommends that Judge Hiatt BE RETAINED.

Surveys & reports

  • 2006 cycle
    • 2006 Retention Survey Report(PDF on OJPE)
      Read full retention survey textexpand
      ## Page 1 State of Colorado Logo COMMISSION ON JUDICIAL PERFORMANCE TThhee HHoonnoorraabbllee JJaammeess HH.. HHiiaatttt 2006 Judicial Performance Survey 8th Judicial District ## Page 2 April 26, 2006 The Honorable James H. Hiatt Larimer County Justice Center 201 La Porte Ave., Suite 100 Ft. Collins, CO 80521 Dear Judge Hiatt: Every two years the Colorado Judicial Performance Commission conducts a survey of people who have been in the courtroom of judges who face a retention vote in the next general election. The 2006 survey was conducted by Talmey-Drake Research & Strategy, Inc., who attempted to contact over 75,000 people who had been in these courtrooms in one capacity or another. Over 21,000 people responded—4,600 to the attorney survey and 17,000 to the non-attorney survey. This report contains the results of those who were in your courtroom and who responded to the survey. In addition to this introduction, the report is divided into four main sections: · Attorney Results & Comments: This section contains graphs displaying the average grade you received overall (the combined average from questions 1a through 5e), each section and each question. Following the graphs, are a series of tables showing the percentage distribution of responses to each question. Attorney respondents were also asked to comment about your performance. These comments have been transcribed, and in some instances redacted to eliminate respondent identifying information. A copy of the attorney questionnaire is at the back of this report. · Non-attorney Results & Comments: Similar to the Attorney section, this portion of the report contains graphs (again including the overall average of questions 1a through 5c on the non-attorney questionnaire), the percentage distribution of responses by non-attorneys to each substantive question in the survey. The non-attorney respondents were also asked to comment about your performance. Again, these comments have been transcribed, and in some instances redacted to eliminate respondent identifying information. A copy of the non-attorney questionnaire is also at the back of this report. · Methodology: The third section of the report discusses the methodology of the survey. · Questionnaires: And the final section provides copies of the questionnaires that were used. 100 Arap ahoe, Suite One, Boulder, CO 80302 Phone 303.443.5300 Fax 303.447.9386 ## Page 3 April, 26 2006 The Honorable James H. Hiatt Page 2 If you have any questions about the methodology and how the survey was conducted, please feel free to contact me at 303-443-5300, and for any other questions you might have about the survey please call the Director of the Colorado Judicial Performance Program, Jane Howell, at 303-837-3665. Best regards, Paul A. Talmey President enc: ## Page 4 AAttttoorrnneeyy SSuurrvveeyy ## Page 5 James H. Hiatt Attorney Survey Average Grades: Overall and by Section 3.6 Overall Average 3.4 3.4 3.6 Q1. Overall Case 3.4 Management 3.4 3.5 Q2. Overall App & 3.4 Knowldge of Law 3.3 3.7 Q3. Overall 3.6 Communications 3.6 3.6 Q4. Overall Demeanor 3.5 3.5 3.5 Q5. Overall Diligence 3.4 3.4 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade James H. Hiatt District Judges All Trial Judges Judicial Performance Survey 2006 Page 1 ## Page 6 James H. Hiatt Attorney Survey Average Grades: Case Management 3.6 Q1. Overall Case Management 3.4 3.4 3.8 1a. Promptly making rulings 3.6 during trial 3.6 3.8 1b. Beginning court on time 3.5 3.4 3.5 1c. Allotting appropriate 3.3 amount of time for cases 3.3 3.6 1d. Keeping cases moving 3.3 according to schedule 3.3 3.2 1e. [Civil only] Assisting 3.1 parties to reach agreement 3.2 3.7 1f. Maintaining appropriate 3.5 control over proceedings 3.5 3.5 1g. Promptly ruling on pre-trial 3.3 motions 3.3 3.7 1h. Promptly issuing a 3.4 decision on the case after trial 3.5 3.4 1i. Setting reasonable 3.3 schedules for cases 3.3 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade James H. Hiatt District Judges All Trial Judges Judicial Performance Survey 2006 Page 2 ## Page 7 James H. Hiatt Attorney Survey Average Grades: Application and Knowledge of Law 3.5 Q2. Overall App & Knowldge of 3.4 Law 3.3 3.5 2a. Basing decisions on 3.3 evidence and arguments 3.3 3.5 2b. Giving reasons for rulings 3.4 3.4 3.5 2c. [Civil only] Issuing written 3.3 findings of fact and law 3.2 2.9 2d. Willing to reconsider error 3.0 in fact or law 3.0 3.5 2e. Having knowledge of 3.3 relevant substantive law 3.3 3.7 2f. Having knowledge of rules 3.5 of procedure and evidence 3.4 3.5 2g. Being able to identify and 3.4 analyze relevant facts 3.4 2h. [Criminal only] Issuing 3.2 consistent sentences when 3.3 the circumstances are similar 3.3 2i. Willing to make decision 3.4 without regard to possible 3.4 criticism 3.4 3.5 2j. Making decisions without 3.5 fear of being appealed 3.4 1.0 1.5 2.0 2.5 3.0 3.5 4.0 James H. Hiatt Average Grade District Judges All Trial Judges Judicial Performance Survey 2006 Page 3 ## Page 8 James H. Hiatt Attorney Survey Average Grades: Communications 3.7 Q3. Overall Communications 3.6 3.6 3.8 3a. Speaking clearly 3.7 3.6 3.6 3b. Making sure all participants understand the 3.6 proceedings 3.6 3.7 3c. Using understandable 3.7 language 3.7 3.5 3d. Providing written communications that are 3.4 clear, thorough and well reasoned 3.4 1.0 1.5 2.0 2.5 3.0 3.5 4.0 James H. Hiatt District Judges Average Grade All Trial Judges Judicial Performance Survey 2006 Page 4 ## Page 9 James H. Hiatt Attorney Survey Average Grades: Demeanor 3.6 Q4. Overall Demeanor 3.5 3.5 3.8 4a. Giving proceedings a 3.6 sense of dignity 3.6 3.7 4b. Treating everyone 3.5 involved politely 3.5 3.3 4c. Having empathy with the 3.3 parties involved 3.3 3.6 4d. Treating participants with 3.5 respect 3.5 3.3 4e. Presenting a neutral 3.4 presence on the bench 3.4 3.5 4f. Being consistent in 3.5 [his/her] behavior 3.5 4g. Conducting [his/her] 3.4 courtroom in a neutral 3.4 manner 3.4 3.6 4h. Giving all participants an 3.6 opportunity to be heard 3.5 3.5 4i. Consistently applying laws 3.4 and rules 3.4 3.7 4j. Not engaging in ex parte 3.7 communications 3.6 3.7 4k. Treating pro se parties 3.6 fairly 3.6 1.0 1.5 2.0 2.5 3.0 3.5 4.0 James H. Hiatt District Judges Average Grade All Trial Judges Judicial Performance Survey 2006 Page 5 ## Page 10 James H. Hiatt Attorney Survey Average Grades: Diligence 3.5 Q5. Overall Diligence 3.4 3.4 3.6 5a. Making tough decisions 3.4 when necessary 3.4 3.4 5b. Using good judgment in application of relevant law and 3.3 rules 3.3 3.5 5c. Doing the necessary 'homework' and being 3.4 prepared for [his/her] cases 3.4 3.7 5d. Being willing to handle cases on the docket even 3.5 when they are complicated and time consuming 3.5 3.5 5e. Providing prompt access to the court in emergency 3.5 matters 3.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 James H. Hiatt District Judges Average Grade All Trial Judges Judicial Performance Survey 2006 Page 6 ## Page 11 James H. Hiatt Attorney Survey Q6. Average: How biased do you think Judge Hiatt is toward the defense or prosecution? James H. Hiatt 1.6 District Judges 0.8 All Trial Judges 0.8 5 4 3 2 1 0 1 2 3 4 5 ç Defense Prosecution è Judicial Performance Survey 2006 Page 7 ## Page 12 James H. Hiatt Attorney Survey Q7. Average: How lenient or how harsh are Judge Hiatt's sentences? James H. Hiatt 1.8 District Judges 0.5 All Trial Judges 0.5 5 4 3 2 1 0 1 2 3 4 5 ç Lenient Harsh è Judicial Performance Survey 2006 Page 8 ## Page 13 James H. Hiatt Attorney Survey Retention Recommendation 90% 82% 79% 80% 78% 77% 75% 74% 70% 60% 50% 40% 30% 20% 14% 13%13% 13% 10% 8% 8% 5%5%5% 5% 5%5%5% 5% 4%4% 4%4% 4%4% 3% 0% Str o n gl y n ot r et ai n m e w h at n ot r et ai n U n d e ci d e d S o m e w h at r et ai n Str o n gl y r et ai n Str o n gl y n ot r et ai n m e w h at n ot r et ai n S o m e w h at r et ai n Str o n gl y r et ai n o o S S Judge Hiatt Including Undecided D i s t r ic t J u d g e s Excluding Undecided All Trial Judges Judicial Performance Survey 2006 Page 9 ## Page 14 James H. Hiatt Attorney Survey 1a. How would you grade Judge Hiatt on "Promptly making rulings during trial?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 78% 59% 56% B 15% 20% 21% C 2% 5% 5% D 1% 1% Fail 1% 1% No Grade 5% 14% 17% Average 3.8 3.6 3.6 Letter Grade A- B+ B+ Judicial Performance Survey 2006 Page 1 ## Page 15 James H. Hiatt Attorney Survey 1b. How would you grade Judge Hiatt on "Beginning court on time?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 83% 61% 56% B 13% 26% 28% C 5% 7% 9% D 2% 3% Fail 1% 2% No Grade 3% 2% Average 3.8 3.5 3.4 Letter Grade A- B+ B+ Judicial Performance Survey 2006 Page 2 ## Page 16 James H. Hiatt Attorney Survey 1c. How would you grade Judge Hiatt on "Allotting appropriate amount of time for cases?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 63% 51% 51% B 28% 28% 29% C 3% 12% 11% D 5% 4% 3% Fail 2% 2% No Grade 3% 4% 4% Average 3.5 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2006 Page 3 ## Page 17 James H. Hiatt Attorney Survey 1d. How would you grade Judge Hiatt on "Keeping cases moving according to schedule?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 70% 51% 53% B 23% 30% 31% C 3% 9% 9% D 3% 3% 3% Fail 2% 2% No Grade 3% 4% 3% Average 3.6 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2006 Page 4 ## Page 18 James H. Hiatt Attorney Survey 1e. How would you grade Judge Hiatt on "[Civil only] Assisting parties to reach agreement?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 24% 27% 27% B 15% 20% 18% C 3% 9% 7% D 6% 3% 2% Fail 2% 1% No Grade 53% 40% 43% Average 3.2 3.1 3.2 Letter Grade B B B Judicial Performance Survey 2006 Page 5 ## Page 19 James H. Hiatt Attorney Survey 1f. How would you grade Judge Hiatt on "Maintaining appropriate control over proceedings?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 73% 65% 63% B 23% 23% 25% C 3% 7% 7% D 3% 2% Fail 1% 1% No Grade 3% 2% 2% Average 3.7 3.5 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2006 Page 6 ## Page 20 James H. Hiatt Attorney Survey 1g. How would you grade Judge Hiatt on "Promptly ruling on pre-trial motions?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 65% 46% 44% B 20% 26% 25% C 10% 10% 8% D 3% 3% 2% Fail 2% 1% No Grade 3% 13% 19% Average 3.5 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2006 Page 7 ## Page 21 James H. Hiatt Attorney Survey 1h. How would you grade Judge Hiatt on "Promptly issuing a decision on the case after trial?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 60% 48% 48% B 23% 21% 21% C 6% 5% D 2% 2% Fail 1% 1% No Grade 18% 21% 24% Average 3.7 3.4 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2006 Page 8 ## Page 22 James H. Hiatt Attorney Survey 1i. How would you grade Judge Hiatt on "Setting reasonable schedules for cases?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 60% 49% 50% B 28% 30% 30% C 10% 11% 9% D 4% 3% Fail 3% 2% 1% No Grade 5% 6% Average 3.4 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2006 Page 9 ## Page 23 James H. Hiatt Attorney Survey 2a. How would you grade Judge Hiatt on "Basing decisions on evidence and arguments?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 73% 56% 53% B 10% 25% 27% C 5% 9% 9% D 10% 4% 4% Fail 2% 3% No Grade 2% 3% 4% Average 3.5 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2006 Page 10 ## Page 24 James H. Hiatt Attorney Survey 2b. How would you grade Judge Hiatt on "Giving reasons for rulings?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 75% 60% 57% B 10% 24% 25% C 5% 8% 9% D 3% 3% 4% Fail 5% 1% 2% No Grade 3% 3% 4% Average 3.5 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2006 Page 11 ## Page 25 James H. Hiatt Attorney Survey 2c. How would you grade Judge Hiatt on "[Civil only] Issuing written findings of fact and law?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 45% 37% 28% B 3% 17% 15% C 9% 6% 6% D 3% 3% 2% Fail 1% 2% No Grade 39% 35% 48% Average 3.5 3.3 3.2 Letter Grade B+ B B Judicial Performance Survey 2006 Page 12 ## Page 26 James H. Hiatt Attorney Survey 2d. How would you grade Judge Hiatt on "Willing to reconsider error in fact or law?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 35% 28% 29% B 28% 21% 20% C 10% 10% 9% D 5% 5% 4% Fail 8% 4% 4% No Grade 15% 33% 33% Average 2.9 3.0 3.0 Letter Grade B- B B Judicial Performance Survey 2006 Page 13 ## Page 27 James H. Hiatt Attorney Survey 2e. How would you grade Judge Hiatt on "Having knowledge of relevant substantive law?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 68% 55% 52% B 18% 28% 30% C 5% 10% 9% D 8% 4% 4% Fail 2% 2% No Grade 3% 2% 3% Average 3.5 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2006 Page 14 ## Page 28 James H. Hiatt Attorney Survey 2f. How would you grade Judge Hiatt on "Having knowledge of rules of procedure and evidence?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 75% 61% 58% B 15% 26% 27% C 8% 7% 8% D 2% 3% Fail 1% 2% No Grade 3% 2% 3% Average 3.7 3.5 3.4 Letter Grade A- B+ B+ Judicial Performance Survey 2006 Page 15 ## Page 29 James H. Hiatt Attorney Survey 2g. How would you grade Judge Hiatt on "Being able to identify and analyze relevant facts?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 75% 61% 57% B 8% 23% 27% C 5% 8% 8% D 10% 4% 3% Fail 2% 2% No Grade 3% 3% 3% Average 3.5 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2006 Page 16 ## Page 30 James H. Hiatt Attorney Survey 2h. How would you grade Judge Hiatt on "[Criminal only] Issuing consistent sentences when the circumstances are similar?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 30% 26% 33% B 30% 16% 20% C 8% 6% 6% D 3% 2% 2% Fail 1% 2% No Grade 30% 49% 37% Average 3.2 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2006 Page 17 ## Page 31 James H. Hiatt Attorney Survey 2i. How would you grade Judge Hiatt on "Willing to make decision without regard to possible criticism?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 58% 55% 53% B 25% 21% 22% C 8% 8% 8% D 3% 3% 3% Fail 3% 2% 2% No Grade 5% 12% 12% Average 3.4 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2006 Page 18 ## Page 32 James H. Hiatt Attorney Survey 2j. How would you grade Judge Hiatt on "Making decisions without fear of being appealed?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 65% 57% 54% B 23% 20% 22% C 8% 6% 7% D 3% 2% 2% Fail 1% 2% No Grade 3% 13% 14% Average 3.5 3.5 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2006 Page 19 ## Page 33 James H. Hiatt Attorney Survey 3a. How would you grade Judge Hiatt on "Speaking clearly?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 80% 75% 73% B 20% 19% 20% C 4% 4% D 1% 1% Fail 1% No Grade 1% 1% Average 3.8 3.7 3.6 Letter Grade A- A- B+ Judicial Performance Survey 2006 Page 20 ## Page 34 James H. Hiatt Attorney Survey 3b. How would you grade Judge Hiatt on "Making sure all participants understand the proceedings?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 74% 72% 71% B 18% 20% 20% C 5% 5% 5% D 3% 2% 2% Fail 1% 1% No Grade 2% 1% Average 3.6 3.6 3.6 Letter Grade B+ B+ B+ Judicial Performance Survey 2006 Page 21 ## Page 35 James H. Hiatt Attorney Survey 3c. How would you grade Judge Hiatt on "Using understandable language?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 77% 75% 74% B 21% 20% 20% C 3% 3% 4% D 1% 1% Fail No Grade 1% 1% Average 3.7 3.7 3.7 Letter Grade A- A- A- Judicial Performance Survey 2006 Page 22 ## Page 36 James H. Hiatt Attorney Survey 3d. How would you grade Judge Hiatt on "Providing written communications that are clear, thorough and well reasoned?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 71% 55% 55% B 14% 23% 23% C 7% 6% 6% D 7% 3% 3% Fail 1% 1% No Grade 12% 12% Average 3.5 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2006 Page 23 ## Page 37 James H. Hiatt Attorney Survey 4a. How would you grade Judge Hiatt on "Giving proceedings a sense of dignity?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 78% 73% 69% B 20% 18% 20% C 2% 5% 6% D 2% 2% Fail 1% 2% No Grade 1% 1% Average 3.8 3.6 3.6 Letter Grade A- B+ B+ Judicial Performance Survey 2006 Page 24 ## Page 38 James H. Hiatt Attorney Survey 4b. How would you grade Judge Hiatt on "Treating everyone involved politely?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 80% 72% 70% B 15% 16% 17% C 3% 5% 6% D 3% 3% Fail 3% 2% 3% No Grade 1% 1% Average 3.7 3.5 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2006 Page 25 ## Page 39 James H. Hiatt Attorney Survey 4c. How would you grade Judge Hiatt on "Having empathy with the parties involved?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 60% 59% 59% B 18% 20% 22% C 10% 10% 9% D 5% 5% 5% Fail 3% 2% 3% No Grade 5% 4% 3% Average 3.3 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2006 Page 26 ## Page 40 James H. Hiatt Attorney Survey 4d. How would you grade Judge Hiatt on "Treating participants with respect?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 78% 71% 69% B 10% 16% 18% C 8% 6% 6% D 3% 3% Fail 3% 2% 3% No Grade 3% 1% 1% Average 3.6 3.5 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2006 Page 27 ## Page 41 James H. Hiatt Attorney Survey 4e. How would you grade Judge Hiatt on "Presenting a neutral presence on the bench?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 67% 66% 63% B 15% 18% 19% C 5% 7% 8% D 8% 5% 5% Fail 5% 3% 4% No Grade 1% 1% Average 3.3 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 28 ## Page 42 James H. Hiatt Attorney Survey 4f. How would you grade Judge Hiatt on "Being consistent in [his/her] behavior?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 74% 67% 64% B 10% 20% 21% C 10% 6% 7% D 5% 3% 3% Fail 2% 2% No Grade 3% 2% Average 3.5 3.5 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2006 Page 29 ## Page 43 James H. Hiatt Attorney Survey 4g. How would you grade Judge Hiatt on "Conducting [his/her] courtroom in a neutral manner?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 74% 65% 63% B 5% 18% 19% C 13% 8% 8% D 3% 4% 4% Fail 5% 3% 3% No Grade 2% 1% Average 3.4 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2006 Page 30 ## Page 44 James H. Hiatt Attorney Survey 4h. How would you grade Judge Hiatt on "Giving all participants an opportunity to be heard?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 77% 71% 69% B 10% 18% 19% C 8% 6% 6% D 3% 3% 2% Fail 3% 1% 2% No Grade 1% 1% Average 3.6 3.6 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2006 Page 31 ## Page 45 James H. Hiatt Attorney Survey 4i. How would you grade Judge Hiatt on "Consistently applying laws and rules?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 72% 61% 59% B 13% 21% 23% C 8% 8% 8% D 5% 4% 4% Fail 3% 2% 2% No Grade 5% 4% Average 3.5 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2006 Page 32 ## Page 46 James H. Hiatt Attorney Survey 4j. How would you grade Judge Hiatt on "Not engaging in ex parte communications?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 69% 66% 63% B 15% 13% 15% C 3% 3% 3% D 1% 1% Fail 3% 1% 1% No Grade 10% 16% 16% Average 3.7 3.7 3.6 Letter Grade A- A- B+ Judicial Performance Survey 2006 Page 33 ## Page 47 James H. Hiatt Attorney Survey 4k. How would you grade Judge Hiatt on "Treating pro se parties fairly?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 56% 48% 52% B 15% 11% 13% C 3% 3% 4% D 1% 2% Fail 1% 1% No Grade 26% 36% 28% Average 3.7 3.6 3.6 Letter Grade A- B+ B+ Judicial Performance Survey 2006 Page 34 ## Page 48 James H. Hiatt Attorney Survey 5a. How would you grade Judge Hiatt on "Making tough decisions when necessary?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 68% 57% 52% B 23% 21% 23% C 8% 8% 8% D 3% 3% 3% Fail 2% 2% No Grade 10% 12% Average 3.6 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2006 Page 35 ## Page 49 James H. Hiatt Attorney Survey 5b. How would you grade Judge Hiatt on "Using good judgment in application of relevant law and rules?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 69% 55% 53% B 13% 26% 27% C 5% 9% 9% D 10% 4% 4% Fail 3% 3% 3% No Grade 3% 4% Average 3.4 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2006 Page 36 ## Page 50 James H. Hiatt Attorney Survey 5c. How would you grade Judge Hiatt on "Doing the necessary 'homework' and being prepared for [his/her] cases?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 67% 59% 53% B 21% 23% 26% C 5% 8% 9% D 5% 3% 3% Fail 1% 2% No Grade 3% 5% 7% Average 3.5 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2006 Page 37 ## Page 51 James H. Hiatt Attorney Survey 5d. How would you grade Judge Hiatt on "Being willing to handle cases on the docket even when they are complicated and time consuming?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 79% 58% 53% B 10% 19% 21% C 5% 7% 7% D 2% 2% Fail 3% 1% 1% No Grade 3% 13% 15% Average 3.7 3.5 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2006 Page 38 ## Page 52 James H. Hiatt Attorney Survey 5e. How would you grade Judge Hiatt on "Providing prompt access to the court in emergency matters?" Judge District All Trial Hiatt Judges 2006 Judges 2006 A 49% 43% 41% B 21% 16% 16% C 8% 5% 5% D 3% 2% 1% Fail 1% 1% No Grade 21% 33% 36% Average 3.5 3.5 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2006 Page 39 ## Page 53 James H. Hiatt Attorney Survey 6. How biased do you think Judge Hiatt is towards the defense or the prosecution? Judge District All Trial Hiatt Judges 2006 Judges 2006 5 7% 3% 3% 4 7% 5% 5% 3 14% 8% 7% 2 14% 11% 11% 1 25% 17% 18% 29% 46% 47% -1 4% 5% 4% -2 3% 2% -3 2% 2% -4 1% 1% -5 Average 1.6 0.8 0.8 noitucesorP drawoT esnefeD drawoT Ý 0 Neutral ß Judicial Performance Survey 2006 Page 40 ## Page 54 James H. Hiatt Attorney Survey 7. How lenient or harsh do you think the sentences handed down by Judge Hiatt are? Judge District All Trial Hiatt Judges 2006 Judges 2006 5 7% 2% 2% 4 18% 4% 4% 3 11% 6% 5% 2 7% 9% 9% 1 29% 16% 15% 29% 48% 55% -1 6% 3% -2 4% 3% -3 3% 2% -4 1% 1% -5 1% 1% Average 1.8 0.5 0.5 hsraH thgiL Ý 0 Appropriate ß Judicial Performance Survey 2006 Page 41 ## Page 55 James H. Hiatt Attorney Survey 12. Do you recommend that Judge Hiatt be retained in office or not be retained in office? Judge District All Trial Hiatt Judges 2006 Judges 2006 Strongly Recommend 82% 78% 77% Retain in office Somewhat Recommend 8% 13% 14% Retain in office Somewhat Recommend Not 5% 4% 4% Retain in office Strongly Recommend Not Retain in office 5% 5% 5% Judicial Performance Survey 2006 Page 42 ## Page 56 NNoonn AAttttoorrnneeyy SSuurrvveeyy ## Page 57 James H. Hiatt Non Attorney Survey Average Grades: Overall and by Section 3.8 Overall Average 3.6 3.5 3.8 Q1. Overall Demeanor 3.6 3.5 3.8 Q2. Overall Fairness 3.6 3.5 3.9 Q3. Overall 3.7 Communications 3.6 3.8 Q4. Overall Diligence 3.5 3.5 3.8 Q5. Overall Application 3.5 of Law 3.4 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade James H. Hiatt District Judges All Trial Judges Judicial Performance Survey 2006 Page 1 ## Page 58 James H. Hiatt Non Attorney Survey Average Grades: Demeanor 3.8 Q1. Overall Demeanor 3.6 3.5 3.8 1a. Giving court proceedings a 3.6 sense of dignity 3.5 3.8 1b. Treating participants 3.6 politely and with respect 3.5 3.8 1c. Conducting [his/her] courtroom in a neutral 3.6 manner 3.5 3.7 1d. Having a sense of compassion and human 3.5 understanding for those who appear before the judge 3.4 1.0 1.5 2.0 2.5 3.0 3.5 4.0 James H. Hiatt District Judges Average Grade All Trial Judges Judicial Performance Survey 2006 Page 2 ## Page 59 James H. Hiatt Non Attorney Survey Average Grades: Fairness 3.8 Q2. Overall Fairness 3.6 3.5 3.8 2a. Giving participants an 3.6 opportunity to be heard 3.5 3.8 2b. Treating those involved 3.6 with the case without bias 3.5 3.9 2c. Treating fairly people who 3.6 represent themselves 3.4 3.9 2d. Giving each side enough time to present his or her 3.6 case 3.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 James H. Hiatt Average Grade District Judges All Trial Judges Judicial Performance Survey 2006 Page 3 ## Page 60 James H. Hiatt Non Attorney Survey Average Grades: Communications 3.9 Q3. Overall Communications 3.7 3.6 3.9 3a. Making sure all participants understand the 3.7 proceedings, and what's going on in the courtroom 3.6 3.9 3b. Using language that 3.7 everyone can understand 3.6 3.9 3c. Speaking clearly so everyone in the courtroom 3.7 can hear what's being said 3.6 1.0 1.5 2.0 2.5 3.0 3.5 4.0 James H. Hiatt Average Grade District Judges All Trial Judges Judicial Performance Survey 2006 Page 4 ## Page 61 James H. Hiatt Non Attorney Survey Average Grades: Diligence 3.8 Q4. Overall Diligence 3.5 3.5 3.7 4a. Beginning court on time 3.4 3.3 3.9 4b. Maintaining appropriate 3.7 control over proceedings 3.6 3.8 4c. Setting reasonable 3.5 schedules for cases 3.5 3.8 4d. Being prepared for 3.6 [his/her] cases 3.6 3.8 4e. Managing court proceedings so that there is 3.5 little wasted time 3.4 1.0 1.5 2.0 2.5 3.0 3.5 4.0 James H. Hiatt District Judges Average Grade All Trial Judges Judicial Performance Survey 2006 Page 5 ## Page 62 James H. Hiatt Non Attorney Survey Average Grades: Application and Knowledge of Law 3.8 Q5. Overall App of Law 3.5 3.4 3.8 5a. Giving reasons for rulings 3.5 3.4 3.8 5b. Willing to make decision without regard to possible 3.6 outside pressure 3.5 3.8 5c. Being able to identify and 3.6 analyze relevant facts 3.4 1.0 1.5 2.0 2.5 3.0 3.5 4.0 James H. Hiatt District Judges Average Grade All Trial Judges Judicial Performance Survey 2006 Page 6 ## Page 63 James H. Hiatt Non Attorney Survey Average: How biased do you think Judge Hiatt is toward the defense or prosecution? James H. Hiatt 0.1 District Judges 0.1 All Trial Judges 0.1 5 4 3 2 1 0 1 2 3 4 5 ç Defense Prosecution è Judicial Performance Survey 2006 Page 7 ## Page 64 James H. Hiatt Non Attorney Survey Average: How lenient or how harsh are Judge Hiatt's sentences? James H. Hiatt -0.2 District Judges 0.1 All Trial Judges 0.1 5 4 3 2 1 0 1 2 3 4 5 ç Lenient Harsh è Judicial Performance Survey 2006 Page 8 ## Page 65 James H. Hiatt Non Attorney Survey Retention Recommendation 100% 95% 90% 88% 86% 82% 81% 80% 75% 70% 60% 50% 40% 30% 20% 9% 10% 8% 8% 7% 7% 6% 6% 6% 6% 5% 5% 3% 3% 3% 3% 2% 2% 2% 2% 0% Str o n gl y n ot r et ai n m e w h at n ot r et ai n U n d e ci d e d S o m e w h at r et ai n Str o n gl y r et ai n Str o n gl y n ot r et ai n m e w h at n ot r et ai n S o m e w h at r et ai n Str o n gl y r et ai n o o S Judge Hiatt S District Judges Including Undecided Excluding Undecided All Trial Judges Judicial Performance Survey 2006 Page 9 ## Page 66 James H. Hiatt Non Attorney Survey 1a. How would you grade Judge Hiatt on "Giving proceedings a sense of dignity?" Judge All District All Trial Hiatt Judges 2006 Judges 2006 A 82% 76% 69% B 15% 16% 20% C 1% 4% 6% D 1% 2% Fail 2% 2% No Grade 3% 1% 1% Average 3.8 3.6 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2006 Page 1 ## Page 67 James H. Hiatt Non Attorney Survey 1b. How would you grade Judge Hiatt on "Treating participants politely and with respect?" Judge All District All Trial Hiatt Judges 2006 Judges 2006 A 83% 78% 72% B 13% 14% 17% C 1% 4% 5% D 1% 2% 2% Fail 2% 3% No Grade 3% 1% 1% Average 3.8 3.6 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2006 Page 2 ## Page 68 James H. Hiatt Non Attorney Survey 1c. How would you grade Judge Hiatt on "Conducting [his/her] courtroom in a neutral manner?" Judge All District All Trial Hiatt Judges 2006 Judges 2006 A 82% 76% 70% B 12% 14% 17% C 1% 4% 5% D 1% 2% 3% Fail 1% 3% 3% No Grade 3% 1% 1% Average 3.8 3.6 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2006 Page 3 ## Page 69 James H. Hiatt Non Attorney Survey 1d. How would you grade Judge Hiatt on "Having a sense of compassion and human understanding for those who appear before the judge?" Judge All District All Trial Hiatt Judges 2006 Judges 2006 A 75% 71% 66% B 16% 16% 18% C 2% 4% 6% D 2% 2% 3% Fail 1% 4% 5% No Grade 5% 2% 2% Average 3.7 3.5 3.4 Letter Grade A- B+ B+ Judicial Performance Survey 2006 Page 4 ## Page 70 James H. Hiatt Non Attorney Survey 2a. How would you grade Judge Hiatt on "Giving participants an opportunity to be heard?" Judge All District All Trial Hiatt Judges 2006 Judges 2006 A 83% 77% 71% B 11% 13% 16% C 1% 4% 5% D 1% 2% 3% Fail 3% 3% No Grade 3% 2% 2% Average 3.8 3.6 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2006 Page 5 ## Page 71 James H. Hiatt Non Attorney Survey 2b. How would you grade Judge Hiatt on "Treating those involved in the case without bias?" Judge All District All Trial Hiatt Judges 2006 Judges 2006 A 80% 75% 69% B 13% 13% 16% C 1% 3% 5% D 1% 2% 3% Fail 1% 4% 4% No Grade 4% 2% 3% Average 3.8 3.6 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2006 Page 6 ## Page 72 James H. Hiatt Non Attorney Survey 2c. How would you grade Judge Hiatt on "Treating fairly people who represent themselves?" Judge All District All Trial Hiatt Judges 2006 Judges 2006 A 55% 47% 49% B 4% 8% 11% C 2% 4% D 1% 1% 2% Fail 3% 4% No Grade 40% 38% 30% Average 3.9 3.6 3.4 Letter Grade A- B+ B+ Judicial Performance Survey 2006 Page 7 ## Page 73 James H. Hiatt Non Attorney Survey 2d. How would you grade Judge Hiatt on "Giving each side enough time to present his or her case?" Judge All District All Trial Hiatt Judges 2006 Judges 2006 A 83% 75% 68% B 9% 13% 16% C 1% 4% 5% D 2% 2% Fail 3% 3% No Grade 7% 4% 5% Average 3.9 3.6 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2006 Page 8 ## Page 74 James H. Hiatt Non Attorney Survey 3a. How would you grade Judge Hiatt on "Making sure participants understand the proceedings, and what's going on in the courtroom?" Judge All District All Trial Hiatt Judges 2006 Judges 2006 A 87% 77% 73% B 8% 14% 16% C 1% 4% 5% D 1% 2% 2% Fail 1% 2% No Grade 4% 1% 1% Average 3.9 3.7 3.6 Letter Grade A- A- B+ Judicial Performance Survey 2006 Page 9 ## Page 75 James H. Hiatt Non Attorney Survey 3b. How would you grade Judge Hiatt on "Using language that everyone can understand?" Judge All District All Trial Hiatt Judges 2006 Judges 2006 A 86% 78% 74% B 11% 14% 18% C 1% 4% 5% D 1% 2% Fail 1% 1% No Grade 3% 1% 1% Average 3.9 3.7 3.6 Letter Grade A- A- B+ Judicial Performance Survey 2006 Page 10 ## Page 76 James H. Hiatt Non Attorney Survey 3c. How would you grade Judge Hiatt on "Speaking clearly so everyone in the courtroom can hear what's being said?" Judge All District All Trial Hiatt Judges 2006 Judges 2006 A 87% 79% 75% B 10% 14% 16% C 4% 5% D 1% 1% Fail 1% 1% No Grade 4% 1% 1% Average 3.9 3.7 3.6 Letter Grade A- A- B+ Judicial Performance Survey 2006 Page 11 ## Page 77 James H. Hiatt Non Attorney Survey 4a. How would you grade Judge Hiatt on "Beginning court on time?" Judge All District All Trial Hiatt Judges 2006 Judges 2006 A 74% 59% 55% B 21% 26% 26% C 2% 9% 10% D 3% 3% Fail 2% 3% No Grade 3% 2% 3% Average 3.7 3.4 3.3 Letter Grade A- B+ B Judicial Performance Survey 2006 Page 12 ## Page 78 James H. Hiatt Non Attorney Survey 4b. How would you grade Judge Hiatt on "Maintaining appropriate control over proceedings?" Judge All District All Trial Hiatt Judges 2006 Judges 2006 A 85% 78% 72% B 10% 16% 18% C 1% 4% 5% D 1% 2% Fail 1% 1% No Grade 3% 1% 2% Average 3.9 3.7 3.6 Letter Grade A- A- B+ Judicial Performance Survey 2006 Page 13 ## Page 79 James H. Hiatt Non Attorney Survey 4c. How would you grade Judge Hiatt on "Setting reasonable schedules for cases?" Judge All District All Trial Hiatt Judges 2006 Judges 2006 A 72% 62% 58% B 13% 18% 19% C 2% 6% 6% D 1% 2% 2% Fail 2% 2% No Grade 12% 11% 12% Average 3.8 3.5 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2006 Page 14 ## Page 80 James H. Hiatt Non Attorney Survey 4d. How would you grade Judge Hiatt on "Being prepared for [his/her] cases?" Judge All District All Trial Hiatt Judges 2006 Judges 2006 A 81% 73% 67% B 10% 14% 17% C 3% 4% 5% D 1% 2% Fail 2% 2% No Grade 7% 6% 7% Average 3.8 3.6 3.6 Letter Grade A- B+ B+ Judicial Performance Survey 2006 Page 15 ## Page 81 James H. Hiatt Non Attorney Survey 4e. How would you grade Judge Hiatt on "Managing court proceedings so that there is little wasted time?" Judge All District All Trial Hiatt Judges 2006 Judges 2006 A 77% 63% 61% B 17% 23% 23% C 1% 7% 8% D 2% 3% Fail 2% 3% No Grade 4% 3% 3% Average 3.8 3.5 3.4 Letter Grade A- B+ B+ Judicial Performance Survey 2006 Page 16 ## Page 82 James H. Hiatt Non Attorney Survey 5a. How would you grade Judge Hiatt on "Giving reasons for rulings?" Judge All District All Trial Hiatt Judges 2006 Judges 2006 A 79% 67% 62% B 10% 16% 18% C 2% 5% 6% D 1% 2% 3% Fail 1% 3% 4% No Grade 8% 7% 7% Average 3.8 3.5 3.4 Letter Grade A- B+ B+ Judicial Performance Survey 2006 Page 17 ## Page 83 James H. Hiatt Non Attorney Survey 5b. How would you grade Judge Hiatt on "Willing to make decision without regard to possible outside pressure?" Judge All District All Trial Hiatt Judges 2006 Judges 2006 A 74% 63% 58% B 8% 12% 14% C 3% 4% 5% D 2% 2% Fail 2% 3% 3% No Grade 14% 17% 17% Average 3.8 3.6 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2006 Page 18 ## Page 84 James H. Hiatt Non Attorney Survey 5c. How would you grade Judge Hiatt on "Being able to identify and analyze relevant facts?" Judge All District All Trial Hiatt Judges 2006 Judges 2006 A 80% 69% 64% B 11% 14% 16% C 3% 4% 5% D 2% 3% Fail 1% 3% 4% No Grade 6% 8% 8% Average 3.8 3.6 3.4 Letter Grade A- B+ B+ Judicial Performance Survey 2006 Page 19 ## Page 85 James H. Hiatt Non Attorney Survey 6. How biased do you think Judge Hiatt is towards the defense or the prosecution? Judge All District All Trial Hiatt Judges 2006 Judges 2006 5 2% 2% 4 1% 1% 3 1% 1% 2% 2 3% 2% 3% 1 9% 4% 5% 83% 83% 78% -1 1% 3% 3% -2 1% 2% -3 1% 1% 1% -4 1% 1% 1% -5 1% 2% Average 0.1 0.1 0.1 noitucesorP drawoT esnefeD drawoT Ý 0 Neutral ß Judicial Performance Survey 2006 Page 20 ## Page 86 James H. Hiatt Non Attorney Survey 7. How lenient or harsh do you think the sentences handed down by Judge Hiatt are? Judge All District All Trial Hiatt Judges 2006 Judges 2006 5 3% 3% 3% 4 2% 2% 3 1% 2% 2% 2 2% 3% 1 1% 3% 4% 72% 75% 71% -1 13% 5% 5% -2 7% 4% 4% -3 1% 2% 2% -4 1% 1% -5 1% 1% 2% Average -0.2 0.1 0.1 hsraH thgiL Ý 0 Appropriate ß Judicial Performance Survey 2006 Page 21 ## Page 87 James H. Hiatt Non Attorney Survey 12. Do you recommend that Judge Hiatt be retained in office or not be retained in office? Judge All District All Trial Hiatt Judges 2006 Judges 2006 Strongly Recommend 95% 86% 82% Retain in office Somewhat Recommend 3% 7% 9% Retain in office Somewhat Recommend Not 2% 3% Retain in office Strongly Recommend Not Retain in office 2% 5% 6% Judicial Performance Survey 2006 Page 22 ## Page 88 MMeetthhooddoollooggyy ## Page 89 MMeetthhooddoollooggyy Sample: The Colorado Judicial Department provided Talmey-Drake Research & Strategy, Inc. with all the names and addresses of people from its ICON data base who in the previous 12 months had likely been in each judge’s courtroom who was up for retention in November 2006. These names and addresses where then supplemented from the Colorado District Attorney’s database (Blackstone system) and the databases of jurors, court employees and sheriff’s security. The data was then combined and cleaned. Where there were more than 400 potential respondents, a random sample was drawn. Included in the data cleaning was the identification of potential respondents in the sample who had appeared in more than two judges’ courtrooms. Due to concerns about respondent fatigue, no more than two questionnaires were intended to be sent to any one respondent—though there were a few instances where one respondent did receive more than two questionnaires. Where a person had been in more than two judges’ courtrooms, the selection criteria for which judges he or she would be sent questionnaires was generally: first, for the judge in whose courtroom the potential respondent had been in most often, and two, the judge with the smallest sample of the judges in whose courtroom the potential respondent had been in. Survey: Starting in October 2005, each person in the sample database was mailed an initial questionnaire and an introductory letter with a postage-paid return envelope. Those who did not respond to the first questionnaire were then sent a sent a second questionnaire and letter, and in some cases reminder postcards. During this process, the sample was augmented for judges with a particularly low number of completed questionnaires. Questionnaire: The questionnaire used in the 2006 Judicial Performance Survey asked respondents to use a grade of A, B, C, D, or F (Fail) to assess the judge’s performance in five different areas. For attorney these areas were Case Management, Application and Knowledge of Law, Communications, Demeanor and Diligence, and for non-attorney respondents the five were Demeanor, Fairness, Communications, Diligence and Application of Law. These scores were then converted to a numerical value where A = 4, B = 3, C = 2, D = 1 and Fail = 0. Copies of the questionnaires are included at the end of this report. Response: The response rate is calculated as the number of completed questionnaires divided by the number of eligible respondents who actually received a questionnaire. The following table shows the total number of questionnaires mailed, completed, non-responses & refusals, undeliverables and other responses. The table presents the overall response rate as well as the response rate by the different types of respondents. 1 ## Page 90 Refused/ Nonre- Unde- Response Attorney Respondents Total Sent Completed sponse livered Other Rate District Attorney 684 402 223 56 3 64.3% Attorney For Defendant 5,159 2,760 1895 490 14 59.3% Attorney for Plaintiff 1,925 1,023 689 206 7 59.8% Unknown Attorney Type 963 436 418 107 2 51.1% Attorney Total 8,731 4,621 3225 859 26 58.7% Refused/ Nonre- Unde- Response Non-Attny Respondents Total Sent Completed sponse livered Other Rate Law Enforcement 5,659 1,161 3,276 1,195 27 26.2% Employee 1,307 600 489 205 13 55.1% Defendant 31,391 3,658 17,494 10,124 115 17.3% Plaintiff 7,688 1,449 4,699 1,506 34 23.6% Juror 16,267 9,482 5,961 795 29 61.4% Other 4,061 401 2,342 1,281 37 14.6% Parole Officers 599 323 136 125 15 70.4% Non-attorney Total 66,972 17,074 34,397 15,231 270 33.0% Total 75,703 21,695 37,622 16,090 296 36.4% A similar table showing the response count and cooperation rate for your survey is provided at the end of this methodology section. Results: The results of the Survey are in two main sections: Attorney Respondents and Non-attorney Respondents. Within each main section are three subsections: graphs displaying average grades for each section and question, the percentage distribution of grades, and respondent comments. Graphs: The graphs visually display the overall average numerical grades received for all grade questions, each section and each question compared to averages for all district or county judges, and all trial judges for which 2006 surveys were conducted. Questions relating to bias toward the defense or prosecution, sentencing and retention recommendation are also graphed. 2 ## Page 91 Percentage Distribution of Grades: This section shows the percentage of each grade received on each question plus the bias, sentencing and retention questions. An average grade point for each graded question is computed and shown in the results section. A letter grade is also assigned to each grade point according to the following scale. A = 4.00 B = 3.00 to 3.33 C = 2.00 to 2.33 D = 1.00 to 1.33 A— = 3.68 to 3.99 B— = 2.67 to 2.99 C— = 1.67 to 1.99 D— = 0.67 to 0.99 B+ = 3.34 to 3.66 C+ = 2.34 to 2.66 D+ = 1.34 to 1.66 Fail = 0.00 to 0.67 This section also includes two comparative columns of results: one comparative column shows the results for that question for all county or district judges (as appropriate) surveyed in 2006, along with a second comparative column showing the results for all trial judges in the 2006 survey. Comments: Each respondent was encouraged to comment on the judge’s performance. This section contains those comments. Sampling All sample surveys are subject to what is known as sampling error—the Error: extent to which the results of the sample survey may differ from what would be obtained if the entire population being surveyed had been interviewed. The size of the sampling error is almost entirely due to the number of people interviewed for the survey and the variance of responses. The table below shows the extent of sampling error (95%-confidence interval) for various sizes of random samples and sample percentage results. Sample Size 25 50 100 150 200 300 Percentages near 10% or 90% ± 11.8% ± 8.3% ± 5.9% ± 4.8% ± 4.2% ± 3.4% Percentages near 20% or 80% ± 15.7% ± 11.1% ± 7.8% ± 6.4% ± 5.5% ± 4.5% Percentages near 30% or 70% ± 18.0% ± 12.7% ± 9.0% ± 7.3% ± 6.4% ± 5.2% Percentages near 40% or 60% ± 19.2% ± 13.6% ± 9.6% ± 7.8% ± 6.8% ± 5.5% Percentages near 50% ± 19.6% ± 13.9% ± 9.8% ± 8.0% ± 6.9% ± 5.7% For example, suppose a reported percentage is 80% in a sample size of 150, then one could expect that 95% of the time that a random sample of the same size and collected the same way would include the true population percentage within the range of 80% plus or minus 6.4%. Averages such as grade points also have a 95% confidence interval, however it is not so easily displayed in a table as confidence intervals about a percentage. Suffice it to say that the confidence interval about a score generally increases with smaller sample size. 3 ## Page 92 James H. Hiatt Responses by Type Total Other Non- Coop Role Type Sent Completes Refusals Undeliverable Responses Rate District Attorney 5 3 2 0 0 60.0% Attorney For Defendant 42 28 9 4 1 75.7% Attorney for Plaintiff 13 8 4 1 0 66.7% Unknown/Other Attorney Type 2 2 0 0 0 100.0% Sub Total: 62 41 15 5 1 71.9% Defendant 104 12 43 48 1 21.8% Plaintiff 30 2 21 7 0 8.7% Law Enforcement 73 35 31 7 0 53.0% Employee 15 9 4 2 0 69.2% Juror 86 50 31 5 0 61.7% Other 56 5 32 19 0 13.5% Parole Officers 11 4 4 3 0 50.0% Sub Total: 375 117 166 91 1 41.2% Grand Total: 437 158 181 96 2 46.3% Judicial Performance Survey 2006 Page 1 ## Page 93 Commission on Judicial Performance 11. Is there anything else that you would like to say about Judge [Name]? Attorney Questionnaire _ _ Evaluation of _ [Name of Judge] _ _ Using a grade scale, where an “A” is excellent along with B, C, D or F for fail, please grade the judge on the following. (If you feel that you don not have 12. Keeping in mind your responses to each of the previous questions, how experience with the judge in a specific area, or just don’t know, please circle the strongly do you recommend that Judge [Name] be retained in office, or not number corresponding to “Don’t Know/Not Applicable”—DK/NS). retained in office? DK Strongly recommend he be retained in office. 5 1. Case Management: A B C D F N/A Somewhat recommend he be retained in office. 4 a. Promptly making rulings during trial. 4 3 2 1 0 9 Undecided or don’t know enough to make recommendation. 3 Somewhat recommend he not be retained in office. 2 b. Beginning court on time. 4 3 2 1 0 9 Strongly recommend he not be retained in office. 1 c. Allotting appropriate amount of time for cases. 4 3 2 1 0 9 d. Keeping cases moving according to schedule. 4 3 2 1 0 9 And why do you think that way about retaining or not retaining Judge e. [Civil only]1 Assisting parties to reach agreement. 4 3 2 1 0 9 [Name]? f. Maintaining appropriate control over proceedings. 4 3 2 1 0 9 _ _ g. Promptly ruling on pre-trial motions. 4 3 2 1 0 9 _ h. Promptly issuing a decision on the case after trial. 4 3 2 1 0 9 _ i. Setting reasonable schedules for cases. 4 3 2 1 0 9 _ _ DK 2. Application and Knowledge of Law: A B C D F N/A a. Basing decisions on evidence and arguments. 4 3 2 1 0 9 b. Giving reasons for rulings. 4 3 2 1 0 9 Thank you for your time in completing this questionnaire. c. [Civil only]1 Issuing written findings of fact and law. 4 3 2 1 0 9 Please place it in the self-addressed, postage paid enveloped d. Willing to reconsider error in fact or law. 4 3 2 1 0 9 provided, and place it in the mail. Your participation in this e. Having knowledge of relevant substantive law. 4 3 2 1 0 9 survey is very much appreciated. f. Having knowledge of rules of procedure and evidence. 4 3 2 1 0 9 g. Being able to identify and analyze relevant facts. 4 3 2 1 0 9 h. [Criminal only]2 Issuing consistent sentences when the circumstances are similar. 4 3 2 1 0 9 i. Willing to make decisions without regard to possible criticism. 4 3 2 1 0 9 j. Making decisions without fear of being appealed . 4 3 2 1 0 9 1 Please answer questions 1e & 2c only if you have observed the judge in a civil case. 2 Please answer question 2h only if you have observed the judge in a criminal case. ## Page 94 DK 6. [Criminal cases only] 1 On the scale below, please indicate by circling the 3. Communications: A B C D F N/A appropriate number how biased you think Judge [Name] is toward the a. Speaking clearly. 4 3 2 1 0 9 defense or the prosecution. If you feel Judge [Name] is completely b. Makings sure all participants understand unbiased, circle “0.” the proceedings. 4 3 2 1 0 9 Bias toward Completely Bias toward c. Using understandable language. 4 3 2 1 0 9 Defense Neutral Prosecution d. Providing written communications that are 5 4 3 2 1 0 1 2 3 4 5 clear, thorough and well reasoned. 4 3 2 1 0 9 7. [Criminal cases only]1 On the scale below, please indicate by circling the DK appropriate number how lenient or how harsh you think the sentences 4. Demeanor: A B C D F N/A generally handed down by Judge [Name] are. If you feel Judge [Name] a. Giving proceedings a sense of dignity. 4 3 2 1 0 9 generally hands down appropriate sentences, circle “0.” b. Treating everyone involved politely. 4 3 2 1 0 9 Sentences Appropriate Sentences c. Having empathy with the parties involved. 4 3 2 1 0 9 Too Light Sentences Too Harsh d. Treating participants with respect. 4 3 2 1 0 9 e. Presenting a neutral presence on the bench. 4 3 2 1 0 9 5 4 3 2 1 0 1 2 3 4 5 f. Being consistent in [his/her] behavior 4 3 2 1 0 9 8. If an associate were assigned to Judge [Name] in a case and asked you for g. Conducting [his/her ]courtroom in a neutral advice, what would you say? manner. 4 3 2 1 0 9 ________________________________________________________ h. Giving all participants an opportunity to be heard. 4 3 2 1 0 9 ________________________________________________________ i. Consistently applying laws and rules. 4 3 2 1 0 9 ________________________________________________________ j. Not engaging in ex parte communications 4 3 2 1 0 9 ________________________________________________________ k. Treating pro se parties fairly. 4 3 2 1 0 9 ________________________________________________________ 9. What would you say are Judge [Name]’s strengths? DK 5. Diligence: A B C D F N/A ___________________________________________________________ a. Making tough decisions when necessary. 4 3 2 1 0 9 ___________________________________________________________ ___________________________________________________________ b. Using good judgment in application of relevant ___________________________________________________________ law and rules. 4 3 2 1 0 9 ___________________________________________________________ c. Doing the necessary “homework” and being prepared for [his/her] cases. 4 3 2 1 0 9 10. And what would you say are Judge [Name]’s weaknesses? d. Being willing to handle cases on the docket even ___________________________________________________________ when they are complicated and time consuming. 4 3 2 1 0 9 ___________________________________________________________ e. Providing prompt access to the court ___________________________________________________________ in emergency matters. 4 3 2 1 0 9 ___________________________________________________________ ___________________________________________________________ [Continued on Back Page] 1 Please answer questions 6 & 7 only if you have observed the judge in a criminal case. ## Page 95 12. Keeping in mind your responses to each of the previous questions, how Commission on Judicial Performance strongly do you recommend that Judge [Name] be retained in office, or not retained in office? Strongly recommend [he/she] be retained in office................................ 5 Evaluation of Somewhat recommend [he/she] be retained in office............................ 4 [Name of Judge] Undecided or don’t know enough to make recommendation............. 3 Somewhat recommend [he/she] not be retained in office..................... 2 Strongly recommend [he/she] not be retained in office......................... 1 Using a grade scale, where an “A” is excellent along with B, C, D or F for fail, please grade the judge on the following. (If you feel that you don’t have experience with the judge in a specific area, or just don’t know, please circle the And why do you think that way about retaining or not retaining Judge number corresponding to “Don’t Know/Not Applicable”—DK/NA). [Name] ? _____________________________________________________________ DK _____________________________________________________________ 1. Demeanor: A B C D F N/A _____________________________________________________________ _____________________________________________________________ a. Giving court proceedings a sense of dignity. 4 3 2 1 0 9 _____________________________________________________________ b. Treating participants in the case politely _____________________________________________________________ and with respect. 4 3 2 1 0 9 c. Conducting [his/her] courtroom in a neutral manner. 4 3 2 1 0 9 d. Having a sense of compassion and human Thank you for you time in completing this questionnaire. Please place it in the self-addressed, postage paid enveloped provided, understanding for those who appear and place it in the mail. Your participation in this survey is before [him/her]. 4 3 2 1 0 9 very much appreciated. DK 2. Fairness: A B C D F N/A a. Giving participants an opportunity to be heard. 4 3 2 1 0 9 b. Treating those involved in the case without bias. 4 3 2 1 0 9 c. Treating fairly people who represent themselves. 4 3 2 1 0 9 d. Giving each side enough time to present his or her case. 4 3 2 1 0 9 DK 3. Communications: A B C D F N/A a. Makings sure participants understand the proceedings, and what’s going on in the courtroom. 4 3 2 1 0 9 b. Using language that everyone can understand. 4 3 2 1 0 9 c. Speaking clearly so everyone in the courtroom can hear what’s being said. 4 3 2 1 0 9 ## Page 96 DK 8. If a friend of yours was scheduled to appear before Judge [Name] as a 4. Diligence: A B C D F N/A party in either a civil or criminal case and asked you for advice, what a. Beginning court on time. 4 3 2 1 0 9 would you tell your friend about Judge [Name] ? b. Maintaining appropriate control over _ proceedings. 4 3 2 1 0 9 _ c. Setting reasonable schedules for cases. 4 3 2 1 0 9 _ d. Being prepared for [his/her] cases. 4 3 2 1 0 9 _ _ e. Managing court proceedings so that there is _ little wasted time. 4 3 2 1 0 9 9. What would you say are Judge [Name]’s strengths? DK _ 5. Application of Law: A B C D F N/A _ a. Giving reasons for rulings. 4 3 2 1 0 9 _ _ b. Willing to make decision without regard to _ possible outside pressure. 4 3 2 1 0 9 _ c. Being able to identify and analyze relevant facts. 4 3 2 1 0 9 10. And what would you say are Judge [Name]’s weaknesses? _ 6. [If you were in Judge [Name]’s courtroom during a criminal case _ or cases please answer this question, otherwise skip to the next _ question.] On the scale below, please indicate by circling the appropriate _ number how biased you think Judge [Name] is toward the defense or the _ prosecution. If you feel Judge [Name] is completely unbiased, circle “0.” _ Bias toward Completely Bias toward Defense Neutral Prosecution 11. Is there anything else that you would like to say about Judge 5 4 3 2 1 0 1 2 3 4 5 [Name] ? _ 7. [If you were in Judge [Name]’s courtroom during a criminal case _ or cases please answer this question, otherwise skip to the next _ question.] On the scale below, please indicate by circling the appropriate _ number how lenient or how harsh you think the sentences generally handed _ down by Judge [Name] are. If you feel Judge [Name] generally hands down _ appropriate sentences, circle “0.” Sentences Appropriate Sentences Too Light Sentences Too Harsh Continued on Back Page 5 4 3 2 1 0 1 2 3 4 5

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