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Gregory J. Hobbs Jr.

Supreme Court

Meets Standards(Retain)2 cycles on record

Evaluation history

  • 2008 retention cycle
    Supreme Court
    Meets Standards(Retain)
    VotersRetained· 72.4% yes
    1,282,348 yes · 489,429 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 State Commission on Judicial Performance unanimously recommends that Justice Gregory J. Hobbs, Jr. BE RETAINED. Justice Hobbs was appointed to the Colorado Supreme Court in1996. He graduated from University of Notre Dame and the University of California School of Law at Berkeley (Boalt Hall), where he was the Supreme Court Editor of the California Law Review. His community interests include serving as the Vice-President of the Colorado Foundation for Water Education, a Co-convener of Dividing the Waters (Western Water Judges educational project), and a member of Colorado’s Access to Justice Commission. He has also authored several books on water law and of poetry. Before his appointment to the Court, Justice Hobbs practiced law in public and private practice for 25 years with emphasis on water, environment, land use and transportation. In public practice, he served as a First Assistant Attorney General for the State of Colorado and an Enforcement Attorney for the U.S. Environmental Protection Agency. Prior to becoming a lawyer, he was a sixth grade teacher. Justice Hobbs is a well-seasoned jurist who has written opinions on nearly every aspect of the law. Attorneys who responded to survey questions rated Justice Hobbs above average for: (1) issuing opinions in a timely matter, (2) allowing parties to present their arguments and answer questions, and (3) being prepared for oral argument. Attorneys commented that Justice Hobbs’ expertise in water law is a great asset, and complimented him on his writing style and ability to understand complex issues. Attorneys who responded to survey questions rated Justice Hobbs below average on refraining from reaching issues that need not be decided. Judges surveyed rated him as comparable to other appellate judges in all respects. The Commission also reviewed various opinions that Justice Hobbs authored. His opinions appeared to be clear, direct, and respectful, but at times they addressed more than is necessary to resolve the case. In oral arguments, Justice Hobbs is both courteous and engaging. Overall, 91% of attorneys surveyed and 97% of judges surveyed supported his retention, with 75% of the attorneys and 80% of the judges strongly recommending that Justice Hobbs be retained in office.
  • 1998 retention cycle
    Supreme Court
    Meets Standards(Retain)
    VotersRetained· 72.6% yes
    740,000 yes · 279,774 no50% needed to retain
    Retention Year: 1998 Recommendation: Retain The State Commission on Judicial Performance recommends that Justice Gregory J. Hobbs, Jr. BE RETAINED. Justice Hobbs was appointed to the Colorado Supreme Court in May 1996. Prior to his appointment he practiced law with emphasis on water, environment and transportation from 1971-1996. After earning his J.D. at the University of California, Berkeley, he was law clerk for Judge William E. Doyle of the United States Tenth Circuit Court. Prior to attending law school, he taught sixth grade in New York City and served in the Peace Corps in South America. Justice Hobbs has been actively involved in bar associations and community outreach activities. He was Vice Chair of the Colorado Air Quality Commission and served on many other air, water and transportation committees. He has been active in the Boy Scouts of America and the Denver Area Eating Disorders Family Support Group. The State Commission was impressed by his energy and commitment to community service. Justice Hobbs continues to publish articles on judicial subjects and water law, and he often includes historical information in his opinions to provide a more practical rationale for his decision process. He displays a sincere passion and intensity for the law and the people affected by court decisions. He brings a significant background and level of experience in environmental and water law to the Supreme Court. Attorney questionnaires received by the State Commission rate Justice Hobbs highly overall. He received high marks in equal treatment of all persons, sense of fairness and attentiveness at oral arguments. Of the responses received from attorneys, 91.6% voted to retain Justice Hobbs and 8.4% voted not to retain him.

Surveys & reports

  • 2008 cycle
    • 2008 Retention Survey Report(PDF on OJPE)
      Read full retention survey textexpand
      ## Page 1 State of Colorado Logo COMMISSION ON JUDICIAL PERFORMANCE TThhee HHoonnoorraabbllee GGrreeggoorryy JJ.. HHoobbbbss,, JJrr.. 2008 Judicial Performance Survey ## Page 2 April 30, 2008 The Honorable Gregory J. Hobbs, Jr. Colorado Supreme Court Colorado State Judicial Bldg. 2 East 14th Avenue Denver, CO. 80203 Dear Justice Hobbs : Every two years the Colorado Judicial Performance Commission conducts a survey of attorneys who have had cases with opinions authored or co-authored by those appellate judges and justices standing for retention in the next general election, and a second survey among all the State’s district judges, Court of Appeals judges and Supreme Court justices. This report contains the results of these two surveys, and is divided into four main sections: • Attorney Results & Comments: This section contains graphs displaying the overall average grade you received on questions 2a through 2l, and on 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. • Survey of Judges Results & Comments: Similar to the Attorney section, this portion of the report contains graphs (again including the overall average of questions 1 through 10 on the Survey of Judges questionnaire), the percentage distribution of responses by the trail judges to each substantive question in the survey. The judges 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 Survey of Judges questionnaire is also at the back of this report. • 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. If you have any questions about the methodology and how the survey was conducted, please feel free to contact me at 303-443-5300 ext 1, and for any other questions you might have about the survey please call the Executive Director of the Colorado Judicial Performance Program, Jane Howell, at 303-837-3665. Best regards, Paul A. Talmey President enc: 100 Arap ahoe, Suite One, Boulder, CO 80302 Phone 303.443.5300 Fax 303.447.9386 ## Page 3 AAttttoorrnneeyy SSuurrvveeyy ((SSaammppllee SSiizzee 6611)) ## Page 4 Gregory J. Hobbs, Jr. Attorney Survey Overall Average Grade and Average by Question 3.4 OOvveerraallll aavveerraaggee ooff 22aa tthhrroouugghh 22ll 3.3 3.4 2a. Being fair and impartial toward each side of the case. 3.4 3.4 2b. Writing opinions that are clear. 3.3 2c. Writing opinions that adequately explain the basis of the 3.2 Court's decision. 3.2 3.7 2d. Issuing opinions in a timely manner. 3.3 2e. Allowing parties to present their arguments and answer 3.7 qquueessttiioonnss.. 33.55 3.4 2f. Making decisions without regard to possible criticism. 3.4 3.0 2g. Making reasoned decisions based upon the law and facts. 3.1 22.99 2h. Refraining from reaching issues that need not be decided. 3.2 2i. Treating parties equally regardless of race, sex or economic 3.8 status. 3.7 3.7 2j. Being courteous toward attorneys. 3.7 3.9 2k. Not engaging in ex parte communications. 3.9 3.8 2l. Being prepared for oral argument. 3.5 22..00 22..55 33..00 33..55 44..00 Average Grade Justice Hobbs 2008 Appellate Judges except Justice Hobbs Judicial Performance Survey 2008 Page 1 ## Page 5 Gregory J. Hobbs, Jr. Attorney Survey Retention Recommendation 100% 90% 80% 75% 73% 69% 70% 59% 60% 50% 40% 30% 20% 18% 16%16% 15% 13% 10% 8% 6% 6% 5% 5% 5% 5% 4% 3% 0% Including Undecided Excluding Undecided Justice Hobbs 2008 Appellate Judges except Justice Hobbs Judicial Performance Survey 2008 Page 2 ## Page 6 Gregory J. Hobbs, Jr. Attorney Survey 2a. How would you grade Justice Hobbs on "Being fair and impartial toward each side of the case?" 2008 Appellate Justice Judges except Hobbs Justice Hobbs A 62% 58% B 20% 20% C 8% 8% D 2% 5% Fail 5% 1% No Grade 3% 8% Average 3.4 3.4 Letter Grade B+ B+ Judicial Performance Survey 2008 Page 1 ## Page 7 Gregory J. Hobbs, Jr. Attorney Survey 2b. How would you grade Justice Hobbs on "Writing opinions that are clear?" 2008 Appellate Justice Judges except Hobbs Justice Hobbs A 57% 49% B 27% 30% C 10% 10% D 5% 5% Fail 0% 1% No Grade 2% 5% Average 3.4 3.3 Letter Grade B+ B Judicial Performance Survey 2008 Page 2 ## Page 8 Gregory J. Hobbs, Jr. Attorney Survey 2c. How would you grade Justice Hobbs on "Writing opinions that adequately explain the basis of the Court's decision?" 2008 Appellate Justice Judges except Hobbs Justice Hobbs A 52% 46% B 28% 31% C 8% 11% D 10% 5% Fail 0% 3% No Grade 2% 4% Average 3.2 3.2 Letter Grade B B Judicial Performance Survey 2008 Page 3 ## Page 9 Gregory J. Hobbs, Jr. Attorney Survey 2d. How would you grade Justice Hobbs on "Issuing opinions in a timely manner?" 2008 Appellate Justice Judges except Hobbs Justice Hobbs A 67% 47% B 25% 34% C 3% 11% D 0% 3% Fail 0% 0% No Grade 5% 5% Average 3.7 3.3 Letter Grade A- B Judicial Performance Survey 2008 Page 4 ## Page 10 Gregory J. Hobbs, Jr. Attorney Survey 2e. How would you grade Justice Hobbs on "Allowing parties to present their arguments and answer questions?" 2008 Appellate Justice Judges except Hobbs Justice Hobbs A 67% 46% B 16% 19% C 5% 3% D 2% 3% Fail 0% 1% No Grade 10% 28% Average 3.7 3.5 Letter Grade A- B+ Judicial Performance Survey 2008 Page 5 ## Page 11 Gregory J. Hobbs, Jr. Attorney Survey 2f. How would you grade Justice Hobbs on "Making decisions without regard to possible criticism?" 2008 Appellate Justice Judges except Hobbs Justice Hobbs A 56% 47% B 15% 15% C 8% 6% D 3% 2% Fail 2% 2% No Grade 16% 28% Average 3.4 3.4 Letter Grade B+ B+ Judicial Performance Survey 2008 Page 6 ## Page 12 Gregory J. Hobbs, Jr. Attorney Survey 2g. How would you grade Justice Hobbs on "Making reasoned decisions based upon the law and facts?" 2008 Appellate Justice Judges except Hobbs Justice Hobbs A 52% 50% B 15% 24% C 18% 11% D 7% 8% Fail 8% 6% No Grade 0% 1% Average 3.0 3.1 Letter Grade B B Judicial Performance Survey 2008 Page 7 ## Page 13 Gregory J. Hobbs, Jr. Attorney Survey 2h. How would you grade Justice Hobbs on "Refraining from reaching issues that need not be decided?" 2008 Appellate Justice Judges except Hobbs Justice Hobbs A 43% 44% B 13% 23% C 23% 10% D 7% 2% Fail 5% 4% No Grade 8% 17% Average 2.9 3.2 Letter Grade B- B Judicial Performance Survey 2008 Page 8 ## Page 14 Gregory J. Hobbs, Jr. Attorney Survey 2i. How would you grade Justice Hobbs on "Treating parties equally regardless of race, sex or economic status?" 2008 Appellate Justice Judges except Hobbs Justice Hobbs A 67% 55% B 8% 10% C 3% 2% D 0% 1% Fail 0% 1% No Grade 21% 30% Average 3.8 3.7 Letter Grade A- A- Judicial Performance Survey 2008 Page 9 ## Page 15 Gregory J. Hobbs, Jr. Attorney Survey 2j. How would you grade Justice Hobbs on "Being courteous toward attorneys?" 2008 Appellate Justice Judges except Hobbs Justice Hobbs A 66% 55% B 26% 14% C 0% 3% D 0% 1% Fail 0% 0% No Grade 8% 27% Average 3.7 3.7 Letter Grade A- A- Judicial Performance Survey 2008 Page 10 ## Page 16 Gregory J. Hobbs, Jr. Attorney Survey 2k. How would you grade Justice Hobbs on "Not engaging in ex parte communications?" 2008 Appellate Justice Judges except Hobbs Justice Hobbs A 49% 48% B 8% 4% C 0% 1% D 0% 0% Fail 0% 0% No Grade 43% 47% Average 3.9 3.9 Letter Grade A- A- Judicial Performance Survey 2008 Page 11 ## Page 17 Gregory J. Hobbs, Jr. Attorney Survey 2l. How would you grade Justice Hobbs on "Being prepared for oral argument?" 2008 Appellate Justice Judges except Hobbs Justice Hobbs A 67% 47% B 18% 13% C 2% 4% D 0% 2% Fail 0% 1% No Grade 13% 33% Average 3.8 3.5 Letter Grade A- B+ Judicial Performance Survey 2008 Page 12 ## Page 18 Gregory J. Hobbs, Jr. Attorney Survey 4. How strongly do you recommend that Justice Hobbs be retained or not be retained in office? 2008 Appellate Justice Judges except Hobbs Justice Hobbs Strongly Recommend 75% 73% Retain in office Somewhat Recommend 16% 16% Retain in office Somewhat Recommend Not 5% 6% Retain in office Strongly Recommend Not Retain in office 4% 6% Judicial Performance Survey 2008 Page 13 ## Page 19 DDiissttrriicctt JJuuddggee SSuurrvveeyy ((SSaammppllee SSiizzee 110077)) ## Page 20 GGrreeggoorryy JJ. HHoobbbbss, JJrr. Survey of Judges Overall Average Grade and Average by Question 3.6 Overall average of 1 through 9 3.7 3.7 1. Being fair and impartial toward each side in a case. 33.77 3.4 2. Writing opinions that are clear. 3.5 3. Writing opinions that adequately explain the basis of 3.5 the Court's decision. 33..66 3.5 4. Issuing opinions in a timely manner. 3.6 3.8 5. Making decisions without regard to possible criticism. 3.8 6. Making reasoned decisions based upon the law and 3.6 facts. 3.6 7. Refraining from reaching issues that need not be 3.6 decided. 3.7 8. Treating parties equally regardless of race, sex or 3.8 economic status. 3.9 3.9 9. Not engaging in ex parte communications. 3.9 2.0 2.5 3.0 3.5 4.0 Average Grade Justice Hobbs 2008 Appellate Judges except Justice Hobbs Judicial Performance Survey 2008 Page 1 ## Page 21 GGrreeggoorryy JJ. HHoobbbbss, JJrr. Survey of Judges Retention Recommendation 100% 90% 82% 80% 8800%% 76%% 70% 65% 60% 50% 40% 30% 21% 20% 17% 16% 16% 13% 10% 5% 2% 2% 2% 1% 1% 1% 00%% 00%% 0% Including Undecided Excluding Undecided Justice Hobbs 2008 Appellate Judges except Justice Hobbs Judicial Performance Survey 2008 Page 2 ## Page 22 Gregory J. Hobbs, Jr. Survey of Judges 1. How would you grade Justice Hobbs on "Being fair and impartial toward each side in a case?" 2008 Appellate Justice Judges except Hobbs, Jr. Justice Hobbs, Jr. A 71% 54% B 17% 13% C 3% 3% D 1% 0% Fail 0% 0% No Grade 8% 30% Average 3.7 3.7 Letter Grade A- A- Judicial Performance Survey 2008 Page 1 ## Page 23 Gregory J. Hobbs, Jr. Survey of Judges 2. How would you grade Justice Hobbs on "Writing opinions that are clear?" 2008 Appellate Justice Judges except Hobbs, Jr. Justice Hobbs, Jr. A 51% 46% B 36% 25% C 8% 4% D 2% 1% Fail 0% 0% No Grade 3% 25% Average 3.4 3.5 Letter Grade B+ B+ Judicial Performance Survey 2008 Page 2 ## Page 24 Gregory J. Hobbs, Jr. Survey of Judges 3. How would you grade Justice Hobbs on "Writing opinions that adequately explain the basis of the Court's decision?" 2008 Appellate Justice Judges except Hobbs, Jr. Justice Hobbs, Jr. A 62% 51% B 27% 22% C 5% 3% D 1% 0% Fail 2% 0% No Grade 3% 24% Average 3.5 3.6 Letter Grade B+ B+ Judicial Performance Survey 2008 Page 3 ## Page 25 Gregory J. Hobbs, Jr. Survey of Judges 4. How would you grade Justice Hobbs on "Issuing opinions in a timely manner?" 2008 Appellate Justice Judges except Hobbs, Jr. Justice Hobbs, Jr. A 38% 38% B 25% 18% C 4% 2% D 0% 0% Fail 0% 0% No Grade 33% 42% Average 3.5 3.6 Letter Grade B+ B+ Judicial Performance Survey 2008 Page 4 ## Page 26 Gregory J. Hobbs, Jr. Survey of Judges 5. How would you grade Justice Hobbs on "Making decisions without regard to possible criticism?" 2008 Appellate Justice Judges except Hobbs, Jr. Justice Hobbs, Jr. A 75% 60% B 8% 11% C 4% 1% D 1% 0% Fail 0% 0% No Grade 13% 27% Average 3.8 3.8 Letter Grade A- A- Judicial Performance Survey 2008 Page 5 ## Page 27 Gregory J. Hobbs, Jr. Survey of Judges 6. How would you grade Justice Hobbs on "Making reasoned decision based upon the law and facts?" 2008 Appellate Justice Judges except Hobbs, Jr. Justice Hobbs, Jr. A 67% 51% B 20% 22% C 9% 3% D 1% 1% Fail 0% 0% No Grade 4% 23% Average 3.6 3.6 Letter Grade B+ B+ Judicial Performance Survey 2008 Page 6 ## Page 28 Gregory J. Hobbs, Jr. Survey of Judges 7. How would you grade Justice Hobbs on "Refraining from reaching issues that need not be decided?" 2008 Appellate Justice Judges except Hobbs, Jr. Justice Hobbs, Jr. A 59% 50% B 22% 17% C 4% 2% D 2% 1% Fail 0% 0% No Grade 13% 30% Average 3.6 3.7 Letter Grade B+ A- Judicial Performance Survey 2008 Page 7 ## Page 29 Gregory J. Hobbs, Jr. Survey of Judges 8. How would you grade Justice Hobbs on "Treating parties equally regardless of race, sex or economic status?" 2008 Appellate Justice Judges except Hobbs, Jr. Justice Hobbs, Jr. A 60% 64% B 9% 6% C 1% 1% D 0% 0% Fail 0% 0% No Grade 30% 29% Average 3.8 3.9 Letter Grade A- A- Judicial Performance Survey 2008 Page 8 ## Page 30 Gregory J. Hobbs, Jr. Survey of Judges 9. How would you grade Justice Hobbs on "Not engaging in ex parte communications?" 2008 Appellate Justice Judges except Hobbs, Jr. Justice Hobbs, Jr. A 53% 48% B 5% 4% C 0% 0% D 0% 0% Fail 0% 0% No Grade 42% 48% Average 3.9 3.9 Letter Grade A- A- Judicial Performance Survey 2008 Page 9 ## Page 31 Gregory J. Hobbs, Jr. Survey of Judges 1100.. How strongly do you recommend that Justice Hobbs be retained or not be retained in office? 2008 Appellate Justice Judges except Hobbs, Jr. Justice Hobbs, Jr. Strongly Recommend 80% 82% Retain in office Somewhat Recommend 17% 16% Retain in office Somewhat Recommend Not 2% 2% Retain in office Strongly Recommend Not Retain in office 1% 0% Judicial Performance Survey 2008 Page 10 ## Page 32 MMeetthhooddoollooggyy ## Page 33 MMeetthhooddoollooggyy Sample: The Colorado Judicial Department provided Talmey-Drake Research & Strategy, Inc. with names and addresses of attorneys who had a case decided by the Court of Appeals or Supreme Court, in which the decision had been authored or co-authored by one of the two Supreme Court justices or one of the six Court of Appeals judges standing for retention 2008. Talmey-Drake Research was also provided with the list of Colorado judges and justices. Two surveys were conducted, one among attorneys who had opinions authored or co-authored by one of the six Court of Appeals judges or two Supreme Court justices facing a retention vote in 2008, and a second survey of Colorado district and appellate judges and justices. Questionnaire: Copies of the two questionnaires used are provided at the end of this report. Respondents were asked to use a grade of A, B, C, D, or F (Fail) to assess the judge’s performance in a number of different areas. These grades 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 for each survey as well as the response rate for your surveys. Overall Response Rate No Response Respondent Type Total Sent Response Undeliverable Other Completed Rate Attorneys 838 324 139 21 354 50.6% Judges 178 64 7 0 107 62.6% Response Rate for Justice Hobbs No Response Respondent Type Total Sent Response Undeliverable Other Completed Rate Attorneys 111 40 9 1 61 59.8% Judges 178 64 7 0 107 62.6% 1 ## Page 34 Results: The results of the Survey are in two main sections: Attorney Respondents and Judge 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 the combined averages for the Court of Appeals judges and Supreme Court justices about whom surveys in 2008 were conducted. 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 a comparative column of results showing the results for that question for the other appellate judges justices about whom surveys were conducted in 2008. Comments: Each respondent was encouraged to comment on the judge’s performance. This section contains these comments—again divided between results from attorneys and judges. 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. 2 ## Page 35 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. 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. 3 ## Page 36 QQuueessttiioonnnnaaiirreess ## Page 37 Additional Comments _ _ _ _ _ _ _ _ _ Commission on Judicial Performance _ _ Appellate Questionnaire _ Evaluation of _ JUDGE FULL NAME _ _ _ 1. Which of the following types of cases have you _ appealed in which Judge [Last Name] _ authored or co-authored the decision? (Please circle all that apply.) _ _ Civil . 1 Criminal . 2 _ Domestic . 3 _ Juvenile . 4 Other . 5 _ _ ## Page 38 2. Using a grade scale, where an “A” is excellent along with B, C, D or F 3. Comments about Judge [Last Name]’s relating to any of your for fail, please grade the Judge [Last Name] on the following. If, for a responses to the previous questions? specific question you feel that you do not have enough information to _ grade Judge [Last Name], please circle the number indicating “Can’t Grade.” _ Can’t _ A B C D F Grade _ a. Being fair and impartial toward each _ side of the case. 4 3 2 1 0 9 b. Writing opinions that are clear. 4 3 2 1 0 9 _ c. Writing opinions that adequately explain _ the basis of the Court’s decision. 4 3 2 1 0 9 _ d. Issuing opinions in a timely manner. 4 3 2 1 0 9 e. Allowing parties to present their arguments 4. Keeping in mind your responses to each of the previous questions, how and answer questions. 4 3 2 1 0 9 strongly do you recommend that Judge [Last Name] be retained in f. Making decisions without regard to office, or not retained in office? possible criticism. 4 3 2 1 0 9 Strongly recommend he/she be retained in office . 5 g. Making reasoned decisions based upon Somewhat recommend he/she be retained in office . 4 the law and facts. 4 3 2 1 0 9 Undecided or don’t know enough to make recommendation . 3 h. Refraining from reaching issues that Somewhat recommend he/she not be retained in office . 2 need not be decided. 4 3 2 1 0 9 Strongly recommend he/she not be retained in office . 1 i. Treating parties equally regardless of And why do you think that way about retaining or not retaining Judge race, sex or economic status. 4 3 2 1 0 9 [Last Name]? j. Being courteous toward attorneys. 4 3 2 1 0 9 k. Not engaging in ex parte communications. 4 3 2 1 0 9 _ l. Being prepared for oral argument. 4 3 2 1 0 9 _ _ _ _ _ Thank you for your time in completing this questionnaire. Please place it in the self-addressed, postage paid enveloped provided, and place it in the mail. Your participation in this Please use back page for any additional comments. survey is very much appreciated. ## Page 39 J. Please write comments you would like to make about Judge JoAnn L. Vogt in the space below. If you would like to make more comments than space allows, feel free to attach a sheet with additional comments. _ _ _ _ _ _ _ Survey of District Judges _ Regarding Appellate Judges _ _ Please answer the enclosed questions about each of the two Supreme Court justices and the eight Court of Appeals judges who are standing for retention in November 2008. For questions 1 through 9 please grade each of the judges using a grade scale where an “A” indicates you believe the judge or justice is doing excellent on that aspect of his or her job, a “D” indicates that you believe he or she is doing Please mail the completed questionnaire in poorly on that aspect of the job and an “F” indicates that the enclosed postage-paid envelope. you believe the judge or justice is failing at that task. B’s and C’s indicate that you believe the judge or justice is Thank you. performing between excellent and poor on the particular task. If, for a specific question, you feel that you do not have enough information to grade the judge on the task, or for some reason feel that you cannot grade him or her on the item, please circle the number that indicates “no grade.” Thank you. Page 12 ## Page 40 1. Being fair and impartial toward each side in a case. H. Please write comments you would like to make about Judge No Sandra I. Rothenberg in the space below. If you would like A B C D F Grade to make more comments than space allows, feel free to attach Justice Allison H. Eid . 4 3 2 1 0 6 a sheet with additional comments. Justice Gregory J. Hobbs . 4 3 2 1 0 6 _ Judge Steven L. Bernard . 4 3 2 1 0 6 _ Judge David M. Furman . 4 3 2 1 0 6 _ Judge Robert D. Hawthorne . 4 3 2 1 0 6 _ _ Judge Jerry N. Jones . 4 3 2 1 0 6 _ Judge Gilbert Roman . 4 3 2 1 0 6 _ Judge Sandra I. Rothenberg . 4 3 2 1 0 6 _ Judge Diana L. Terry . 4 3 2 1 0 6 _ Judge JoAnn L. Vogt . 4 3 2 1 0 6 _ 2. Writing opinions that are clear. I. Please write comments you would like to make about Judge Diana L. Terry in the space below. If you would like to make No A B C D F Grade more comments than space allows, feel free to attach a sheet Justice Allison H. Eid . 4 3 2 1 0 6 with additional comments. Justice Gregory J. Hobbs . 4 3 2 1 0 6 _ Judge Steven L. Bernard . 4 3 2 1 0 6 _ _ Judge David M. Furman . 4 3 2 1 0 6 _ Judge Robert D. Hawthorne . 4 3 2 1 0 6 _ Judge Jerry N. Jones . 4 3 2 1 0 6 _ Judge Gilbert Roman . 4 3 2 1 0 6 _ Judge Sandra I. Rothenberg . 4 3 2 1 0 6 _ Judge Diana L. Terry . 4 3 2 1 0 6 _ Judge JoAnn L. Vogt . 4 3 2 1 0 6 _ Continued on Back Page Page 2 Page 11 ## Page 41 F. Please write comments you would like to make about 3. Writing opinions that adequately explain the basis of the Judge Jerry N. Jones in the space below. If you would like Court’s decision. to make more comments than space allows, feel free to No attach a sheet with additional comments. A B C D F Grade _ Justice Allison H. Eid . 4 3 2 1 0 6 _ Justice Gregory J. Hobbs . 4 3 2 1 0 6 _ Judge Steven L. Bernard . 4 3 2 1 0 6 _ Judge David M. Furman . 4 3 2 1 0 6 _ Judge Robert D. Hawthorne . 4 3 2 1 0 6 _ Judge Jerry N. Jones . 4 3 2 1 0 6 _ Judge Gilbert Roman . 4 3 2 1 0 6 _ Judge Sandra I. Rothenberg . 4 3 2 1 0 6 _ Judge Diana L. Terry . 4 3 2 1 0 6 _ Judge JoAnn L. Vogt . 4 3 2 1 0 6 4. Issuing opinions in a timely manner. G. Please write comments you would like to make about Judge Gilbert Roman in the space below. If you would No A B C D F Grade like to make more comments than space allows, feel free to Justice Allison H. Eid . 4 3 2 1 0 6 attach a sheet with additional comments. _ Justice Gregory J. Hobbs . 4 3 2 1 0 6 _ Judge Steven L. Bernard . 4 3 2 1 0 6 _ Judge David M. Furman . 4 3 2 1 0 6 _ Judge Robert D. Hawthorne . 4 3 2 1 0 6 _ Judge Jerry N. Jones . 4 3 2 1 0 6 _ Judge Gilbert Roman . 4 3 2 1 0 6 _ Judge Sandra I. Rothenberg . 4 3 2 1 0 6 _ Judge Diana L. Terry . 4 3 2 1 0 6 _ Judge JoAnn L. Vogt . 4 3 2 1 0 6 _ Page 10 Page 3 ## Page 42 5. Making decisions without regard to possible criticism. D. Please write comments you would like to make about Judge David M. Furman in the space below. If you would like to No make more comments than space allows, feel free to attach a A B C D F Grade sheet with additional comments. Justice Allison H. Eid . 4 3 2 1 0 6 _ Justice Gregory J. Hobbs . 4 3 2 1 0 6 _ Judge Steven L. Bernard . 4 3 2 1 0 6 _ Judge David M. Furman . 4 3 2 1 0 6 _ Judge Robert D. Hawthorne . 4 3 2 1 0 6 _ Judge Jerry N. Jones . 4 3 2 1 0 6 _ Judge Gilbert Roman . 4 3 2 1 0 6 _ Judge Sandra I. Rothenberg . 4 3 2 1 0 6 _ Judge Diana L. Terry . 4 3 2 1 0 6 _ Judge JoAnn L. Vogt . 4 3 2 1 0 6 _ 6. Making reasoned decisions based upon the law and E. Please write comments you would like to make about Judge facts. Robert D. Hawthorne in the space below. If you would like No to make more comments than space allows, feel free to attach A B C D F Grade a sheet with additional comments. Justice Allison H. Eid . 4 3 2 1 0 6 _ Justice Gregory J. Hobbs . 4 3 2 1 0 6 _ Judge Steven L. Bernard . 4 3 2 1 0 6 _ Judge David M. Furman . 4 3 2 1 0 6 _ Judge Robert D. Hawthorne . 4 3 2 1 0 6 _ Judge Jerry N. Jones . 4 3 2 1 0 6 _ Judge Gilbert Roman . 4 3 2 1 0 6 _ Judge Sandra I. Rothenberg . 4 3 2 1 0 6 _ Judge Diana L. Terry . 4 3 2 1 0 6 _ Judge JoAnn L. Vogt . 4 3 2 1 0 6 _ Page 4 Page 9 ## Page 43 B. Please write comments you would like to make about Justice 7. Refraining from reaching issues that need not be Gregory J. Hobbs in the space below. If you would like to decided. make more comments than space allows, feel free to attach a No sheet with additional comments. A B C D F Grade _ Justice Allison H. Eid . 4 3 2 1 0 6 _ Justice Gregory J. Hobbs . 4 3 2 1 0 6 Judge Steven L. Bernard. 4 3 2 1 0 6 _ Judge David M. Furman . 4 3 2 1 0 6 _ Judge Robert D. Hawthorne . 4 3 2 1 0 6 _ Judge Jerry N. Jones . 4 3 2 1 0 6 _ Judge Gilbert Roman . 4 3 2 1 0 6 _ Judge Sandra I. Rothenberg . 4 3 2 1 0 6 _ Judge Diana L. Terry . 4 3 2 1 0 6 _ Judge JoAnn L. Vogt . 4 3 2 1 0 6 _ C. Please write comments you would like to make about Judge 8. Treating parties equally regardless of race, sex or Steven L. Bernard in the space below. If you would like to economic status. make more comments than space allows, feel free to attach a No sheet with additional comments. A B C D F Grade _ Judge Steven L. Bernard. 4 3 2 1 0 6 _ Judge David M. Furman . 4 3 2 1 0 6 _ Judge Robert D. Hawthorne . 4 3 2 1 0 6 Judge Jerry N. Jones . 4 3 2 1 0 6 _ Judge Gilbert Roman . 4 3 2 1 0 6 _ Judge Sandra I. Rothenberg . 4 3 2 1 0 6 _ Judge Diana L. Terry . 4 3 2 1 0 6 _ Judge JoAnn L. Vogt . 4 3 2 1 0 6 _ Justice Allison H. Eid . 4 3 2 1 0 6 _ Justice Gregory J. Hobbs . 4 3 2 1 0 6 _ Page 8 Page 5 ## Page 44 9. Not engaging in ex parte communications. 10. [Continued] No Judge Judge Judge 6 A B C D F Grade Jones Roman Rothenberg Justice Allison H. Eid . 4 3 2 1 0 6 Strongly recommend to retain . 5 5 5 Justice Gregory J. Hobbs . 4 3 2 1 0 6 Somewhat recommend to retain . 4 4 4 Undecided or don’t know enough Judge Steven L. Bernard . 4 3 2 1 0 6 to make recommendation . 3 3 3 Judge David M. Furman . 4 3 2 1 0 6 Somewhat recommend not retain . 2 2 2 Judge Robert D. Hawthorne . 4 3 2 1 0 6 Strongly recommend not retain . 1 1 1 Judge Jerry N. Jones . 4 3 2 1 0 6 Judge Gilbert Roman . 4 3 2 1 0 6 Judge Judge Judge Sandra I. Rothenberg . 4 3 2 1 0 6 Terry Vogt Judge Diana L. Terry . 4 3 2 1 0 6 Strongly recommend to retain . 5 5 Judge JoAnn L. Vogt . 4 3 2 1 0 6 Somewhat recommend to retain . 4 4 Undecided or don’t know enough to make recommendation . 3 3 10. Recommend to be retained/not retained in office. Somewhat recommend not retain . 2 2 Strongly recommend not retain . 1 1 Justice Justice Eid Hobbs Strongly recommend to retain . 5 5 A . Please write comments you would like to make about Justice Allison H. Eid in the space below. If you would like to make Somewhat recommend to retain . 4 4 more comments than space allows, feel free to attach a sheet Undecided or don’t know enough with additional comments. to make recommendation . 3 3 _ Somewhat recommend not retain . 2 2 _ Strongly recommend not retain . 1 1 _ Judge Judge Judge _ Bernard Furman Hawthorne _ Strongly recommend to retain . 5 5 5 _ Somewhat recommend to retain . 4 4 4 _ Undecided or don’t know enough _ to make recommendation. 3 3 3 _ Somewhat recommend not retain . 2 2 2 Strongly recommend not retain . 1 1 1 _ _ Page 6 Page 7

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