Robert S. Hyatt
Trial Court · Denver · Denver
Meets Standards(Retain)4 cycles on record
Evaluation history
- 2008 retention cycleTrial Court · Denver · DenverMeets Standards(Retain)VotersRetained· 75.3% yes127,579 yes · 41,829 no50% needed to retainReports: 2008 Retention Survey Report Need an accessible PDF Document version? Please click on the link below and email our staff Contact Us The Second Judicial District Commission on Judicial Performance unanimously recommends that Judge Robert S. Hyatt BE RETAINED. Background: Judge Hyatt was appointed to the Denver District Court in November 1987. Prior to his appointment, he served on the Denver County Court for three years. Before his judicial appointment, he practiced law in the Colorado Attorney General’s Office as well as civil, administrative and appellate law in private practice. Judge Hyatt’s undergraduate degree is from St. Louis University in 1972 and his law degree from the University of Missouri Law School in 1977. His community activities have included lecturing at the University of Denver Law School, judging moot court competitions, teaching at the state court administrator’s program for new judges, and volunteering at the Dumb Friends League. To address a significant backlog in criminal cases, Judge Hyatt developed the Criminal Docket Court. Because of his unique Wednesday docket, the criminal division has been able to relieve docket congestion. Members of the Commission reviewed surveys from attorneys, appellate judges, jurors, defendants, law enforcement, and probation officers who appeared before Judge Hyatt. Members also observed him in court, read decisions he wrote, and interviewed him. Strengths: Attorneys and non-attorneys alike who responded to survey questions rated Judge Hyatt well above average in almost all aspects of his job: case management, knowledge of the law, communications, demeanor and diligence. The opinions the Commission reviewed were clear, concise, well-reasoned, and well-organized. Recommendation: 94% of attorneys surveyed and 98% non-attorneys supported Judge Hyatt’s retention. No one surveyed believed strongly that he should not be retained.
- 2002 retention cycleTrial Court · Denver · DenverMeets Standards(Retain)VotersRetained· 73.9% yes76,846 yes · 27,172 no50% needed to retainRetention Year: 2002 Recommendation: Retain Reports: 2002 Retention Survey Report Need an accessible PDF Document Version? Please click on the link below and email our staff Contact Us The Second Judicial District Commission on Judicial Performance recommends that Judge Robert S. Hyatt BE RETAINED. Judge Hyatt was appointed to the Denver District Court bench in November 1987. He had previously served on the Denver County Court bench since May 1984. Prior to his appointment to the bench, Judge Hyatt practiced law in the Colorado Attorney General’s Office and in private practice, where he gained experience in civil, administrative and appellate law. Judge Hyatt received his undergraduate degree in English from St. Louis University in 1972. After graduation, he worked as a television news reporter and anchorman. Judge Hyatt attended the University of Missouri law school, graduating in 1977. Judge Hyatt is married and has two children. He engages in both legal and non-legal activities. Judge Hyatt has lectured at the University of Denver law school, judged moot court competitions and has taught new judges for the State Court Administrator’s Office. In the non-legal arena, Judge Hyatt volunteers on a regular basis with the Denver Dumb Friends League and is a member of his children’s school board. The Commission reviewed written evaluations of Judge Hyatt from attorneys and non-attorneys, including written comments. The Commission also considered a self-evaluation completed by Judge Hyatt and conducted a personal interview with him. Attorneys responding to the questionnaires rated Judge Hyatt above average in areas such as courtesy towards attorneys, parties and witnesses; fairness and impartiality towards both sides; providing written rulings that are clear, thorough and well-reasoned; communicating verbally in a clear, thorough and well-reasoned manner; managing cases and his docket efficiently and with minimal delay; using court time efficiently; and knowledge of the rulesof evidence and procedure. Among the attorneys responding to the survey, 89% recommended that he be retained, 3% recommended that he not be retained and 8% had no opinion. Of the non-attorneys responding to the survey, Judge Hyatt received average to slightly below average ratings in all areas. A few of the non-attorneys criticized the judge for a lack of impartiality; discourteous and rude behavior toward the parties; and not properly applying the law to the case before him. However, of the non-attorneys, 79% recommended retention, only 7% recommended non-retention and 14% had no opinion.
- 1996 retention cycleTrial Court · Denver · DenverMeets Standards(Retain)VotersRetained· 62.9% yes67,748 yes · 39,997 no50% needed to retainRetention Year: 1996 Recommendation: Retain The Judicial Performance Commission of the Second Judicial District recommends that Judge Hyatt BE RETAINED. Judge Hyatt earned a Bachelor’s degree in English for St. Louis University in 1972. Judge Hyatt was a member of the University of Missouri Law School law review editorial staff, and attended law school after a brief career as a television news reporter and anchorman. After graduating from law school in 1977, Judge Hyatt served as a law clerk to the Chief Justice of the Missouri Supreme Court for one year. Later, Judge Hyatt worked as an Assistant Attorney General for the State of Colorado. Judge Hyatt was appointed to the Denver County Court in 1984 and was later appointed in January 1988 to the district court bench. Since 1988, Judge Hyatt has been assigned to the civil, criminal and domestic relations divisions of the district court, and presently hears civil cases. Judge Hyatt received the Denver Bar Association Award for Judicial Excellence in 1995. Judge Hyatt regularly speaks in Denver schools concerning the judicial process. Attorney survey responses for Judge Hyatt rate him very highly in all categories including displaying the appropriate sense of justice, finding facts without public influence, treating all parties equally, displaying appropriate knowledge of the law and evidence, and courteousness, display of compassion, and hard work. Written survey results showed that 90.2% of attorneys favored retention; 2.4% of attorneys favored non-retention; and 7.3% of attorneys had no opinion.
- 1990 retention cycleTrial Court · Denver · DenverMeets Standards(Retain)VotersRetained· 71.0% yes54,741 yes · 22,338 no50% needed to retainRetention Year: 1990 Recommendation: Retain Judicial Performance Commission’s recommendation: Should Be Retained. Judge Hyatt, a native of St. Louis, earned an undergraduate degree in English from St. Louis University in 1972. During college and for two years following its completion, he was a television news reporter and anchorman. While attending law school at the University of Missouri, Hyatt was a member of the school’s law review editorial staff. After Hyatt’s graduation in 1977 from the University of Missouri, he served as law clerk to the chief justice of that state’s highest court for one year. Prior to that, Hyatt worked as the director of the Missouri Supreme Court’s research staff, a Colorado assistant attorney general and as private practitioner gaining experience in civil administrative and appellate law. Hyatt is licensed to practice law in Missouri and Colorado. Hyatt was appointed to the Denver County Court in 1984 and remained in that position until January 1988 at which time he was appointed to the Denver District Court bench. During Hyatt’s county court tenure, he was assigned to both the criminal and civil divisions. Upon Hyatt’s appointment to the Denver District Court, he was assigned to the Criminal Division where he remained until January 1990 when he was reassigned to the Domestic Relations Division. Hyatt feels that the attributes needed in a judge are patience, intelligence, decision-making skills and willingness to work hard. He values his docket management ability which allows him to expedite cases. Responses to questionnaires by attorneys general rated Hyatt very favorably for his knowledge of the law, compliance with the rules of evidence and procedure, his prompt, clear, and thorough rulings and decisions, his diligence and control of the courtroom. These respondents also gave Hyatt overall favorable ratings in the areas of propriety, equal treatment, regardless of race, sex or social status and impartiality. Probation personnel and court staff familiar with Hyatt likewise rated him favorably in the areas of communications skills, demeanor, courtesy, patience, firmness, decisiveness and punctuality. Nearly all of the respondents in these categories gave favorable ratings indicating Hyatt instilled public confidence, possessed good communications skills, was prepared, acted impartially, treated persons equally, was knowledgeable of the law and sentenced fairly. Where negative responses appeared from attorneys and law enforcement personnel, they focused on a need for Hyatt to be more patient and courteous and to display more compassion and to avoid favoritism. Overall, all groups rating Hyatt highly recommended his retention.
Surveys & reports
- 2008 cycle
- 2008 Retention Survey Report(PDF on OJPE)
Read full retention survey textexpand
## Page 1 State off Colorado LLogo COOMMISSIOON ON JUUDICIALL PERFORRMANCEE RRRoobbeerrrrtt SS.. HHHHyyaatttt 22008 Juudicial PPerformmance Suurvey ## Page 2 April 30, 2008 The Honorable Robert S. Hyatt City & County Bldg. 1437 Bannock St., Room 256 Denver, CO. 80202 Dear Judge Hyatt: Every two years the Colorado Judicial Performance Commission conducts a survey of people who have been in the courtroom of judges who face a retention vote in the next general election. The 2008 survey was conducted by Talmey-Drake Research & Strategy, Inc., who attempted to contact over 57,000 people statewide who had been in these courtrooms in one capacity or another. Over 12,400 people responded—3,084 to the attorney survey and 9,317 to the non-attorney survey. This report contains the results of those who were in your courtroom and who responded to the survey. In addition to this introduction, the report is divided into five main sections: • Attorney Results & Comments: This section contains graphs displaying the average grade you received overall (the combined average from questions 1a through 5e), each section and each question. Following the graphs, are a series of tables showing the percentage distribution of responses to each question. Attorney respondents were also asked to comment about your performance. These comments have been transcribed, and in some instances redacted to eliminate respondent identifying information. A copy of the attorney questionnaire is at the back of this report. • Appellate Judges & Comments: New to the 2008 Judicial Performance Evaluation is a survey of Court of Appeals judges and Supreme Court justices regarding the overall performance of district judges. • Non-attorney Results & Comments: Similar to the Attorney section, this portion of the report contains graphs (again including the overall average of questions 1a through 5c on the non-attorney questionnaire), the percentage distribution of responses by non-attorneys to each substantive question in the survey. The non-attorney respondents were also asked to comment about your performance. Again, these comments have been transcribed, and in some instances redacted to eliminate respondent identifying information. A copy of the non-attorney questionnaire is also at the back of this report. • Methodology: The third section of the report discusses the methodology of the survey. • Questionnaires: And the final section provides copies of the questionnaires that were used. 100 Arap ahoe, Suite One, Boulder, CO 80302 Phone 303.443.5300 Fax 303.447.9386 ## Page 3 TThe Honorabble Robert S. Hyatt AApril, 30 20088 PPage 2 If you havve any questtions about tthe methodoology and hoow the surveey was coonducted, pllease feel freee to contactt me at 303-4443-5300 ext 1, and for anny other questions youu might have about the ssurvey pleasse call the Exxecutive Dirrector of the CColorado Juddicial Performmance Progrram, Jane Hoowell, at 3033-837-3665. Beest regards, Paaul A. Talmeey Prresident ennc: ## Page 4 AAttttoorrnneeyy SSuurrvveeyy ((SSaammppllee SSiizzee 3399)) ## Page 5 Robert S. Hyatt AAttttoorrnneeyy SSuurrvveeyy Average Grades: Overall and by Section 33..66 Overall Average 3.4 3.4 3.7 Q1. Overall Case 33.44 Management 3.4 3.6 Q2. Overall App & 3.4 Knowldge of Law 3.3 3.8 Q3. Overall 3.6 Communications 3.7 3.6 Q4. Overall Demeanor 3.5 3.5 3.6 Q5. Overall Diligence 3.4 3.4 1.0 1.5 2.0 2.5 3.0 3.5 4.0 AAvveerraaggee GGrraaddee Robert S. Hyatt All District Judges All Trial Judges Judicial Performance Survey 2008 Page 1 ## Page 6 Robert S. Hyatt AAttttoorrnneeyy SSuurrvveeyy Average Grades: Case Management 3.7 Q1. Overall Case Management 3.4 3.4 3.9 1a. Promptly making rulings 3.6 during trial 3.6 33.99 1b. Beginning court on time 3.6 3.5 3.8 1c. Allotting appropriate amount 3.4 of time for cases 3.4 3.7 1d. Keeping cases moving 3.4 according to schedule 3.5 2.9 1e. [Civil only] Assisting parties to 3.0 reach agreement 3.0 3.8 1f. Maintaining appropriate 3.5 control over proceedings 3.5 3.5 1g. Promptly ruling on pre-trial 3.3 motions 3.3 3.8 1h. Promptly issuing a decision 3.5 on the case after trial 3.5 3.7 1i. Setting reasonable schedules 3.3 for cases 33.44 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Robert S. Hyatt All District Judges All Trial Judges Judicial Performance Survey 2008 Page 2 ## Page 7 Robert S. Hyatt AAttttoorrnneeyy SSuurrvveeyy Average Grades: Application and Knowledge of Law 3.6 Q2. Overall App & Knowldge of 3.4 LLaaww 3.3 3.6 2a. Basing decisions on evidence 3.3 and arguments 3.3 3.5 2b. Giving reasons for rulings 3.4 3.4 3.2 2c. [Civil only] Issuing written 3.2 findings of fact and law 3.2 3.3 2d. Willing to reconsider error in 3.0 ffaacctt oorr llaaww 2.9 3.5 2e. Having knowledge of relevant 3.4 substantive law 3.3 3.8 2f. Having knowledge of rules of 3.5 pprroocceedduurree aanndd eevviiddeennccee 3.4 3.7 2g. Being able to identify and 3.4 analyze relevant facts 3.4 3.8 2h. [Criminal only] Issuing consistent sentences when the 3.3 circumstances are similar 3.3 3.7 2i. Willing to make decision without regard to possible 3.4 criticism 3.4 3.7 2j. Making decisions without fear 3.5 ooff bbeeiinngg aappppeeaalleedd 3.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Robert S. Hyatt All District Judges All Trial Judges Judicial Performance Survey 2008 Page 3 ## Page 8 Robert S. Hyatt AAttttoorrnneeyy SSuurrvveeyy Average Grades: Communications 3.8 Q3. Overall Communications 3.6 3.7 33.88 3a. Speaking clearly 3.7 3.7 3.7 3b. Making sure all participants 3.6 understand the proceedings 3.6 3.8 3c. Using understandable 3.7 language 3.7 3.5 3d. Providing written communications that are 3.3 clear, thorough and well reasoned 3.3 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Robert S. Hyatt All District Judges All Trial Judges Judicial Performance Survey 2008 Page 4 ## Page 9 Robert S. Hyatt AAttttoorrnneeyy SSuurrvveeyy Average Grades: Demeanor 3.6 Q4. Overall Demeanor 3.5 3.5 3.7 4a. Giving proceedings a sense 3.5 of dignity 3.5 3.6 4b. Treating everyone involved 3.4 politely 33.44 3.4 4c. Having empathy with the 3.3 parties involved 3.3 3.5 4d. Treating participants with 3.4 respect 3.5 3.6 4e. Presenting a neutral 3.4 presence on the bench 3.4 3.7 4f. Being consistent in [his/her] 3.4 behavior 3.5 33.66 4g. Conducting [his/her] 3.4 courtroom in a neutral manner 3.4 3.7 4h. Giving all participants an 3.5 opportunity to be heard 3.6 3.6 44ii. CCoonnssiisstteennttllyy aappppllyyiinngg llaawwss 3.4 and rules 3.4 3.9 4j. Not engaging in ex parte 3.7 communications 3.7 3.8 44kk. TTrreeaattiinngg pprroo ssee ppaarrttiieess ffaaiirrllyy 33.77 3.6 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Robert S. Hyatt All District Judges All Trial Judges Judicial Performance Survey 2008 Page 5 ## Page 10 Robert S. Hyatt AAttttoorrnneeyy SSuurrvveeyy Average Grades: Diligence 3.6 Q5. Overall Diligence 3.4 3.4 3.4 55aa. MMaakkiinngg ttoouugghh ddeecciissiioonnss wwhheenn 3.4 necessary 3.4 3.6 5b. Using good judgment in apppplication of relevant law and 3.3 rules 3.3 3.6 5c. Doing the necessary 'homework' and being prepared 3.4 for [[his/her]] cases 3.4 3.8 5d. Being willing to handle cases on the docket even when they are 3.5 complicated and time consuming 33.55 3.8 5e. Providing prompt access to 3.5 the court in emergency matters 3.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Robert S. Hyatt All District Judges All Trial Judges Judicial Performance Survey 2008 Page 6 ## Page 11 Robert S. Hyatt AAttttoorrnneeyy SSuurrvveeyy Q6. Average: How biased do you think Judge Hyatt is toward the defense or prosecution? Robert S. Hyyatt 0.2 All District Judges 0.4 All Trial Judges 0.7 5 4 3 2 1 0 1 2 3 4 5 (cid:205)Defense Prosecution (cid:206) Judicial Performance Survey 2008 Page 7 ## Page 12 Robert S. Hyatt AAttttoorrnneeyy SSuurrvveeyy Q7. Average: How lenient or how harsh are Judge Hyatt's sentences? Robert S. Hyatt 0.1 All District Judges 0.1 All Trial Judges 0.3 5 4 3 2 1 0 1 2 3 4 5 (cid:205)Lenient Harsh (cid:206) Judicial Performance Survey 2008 Page 8 ## Page 13 Robert S. Hyatt AAttttoorrnneeyy SSuurrvveeyy Retention Recommendation 110000%% 90% 86% 84% 80% 77%77% 7744%%7744%% 70% 60% 50% 40% 30% 20% 13% 13%13% 12% 10% 8% 8% 6%6% 6%6% 5% 5% 4%4% 4%4% 4%4% 3% 0% 0% 0% Including Undecided Excluding Undecided Judge Hyatt All District Judges All Trial Judges Judicial Performance Survey 2008 Page 9 ## Page 14 Robert S. Hyatt Attorney Survey 1a. How would you grade Judge Hyatt on "Promptly making rulings during trial?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 76% 59% 57% B 5% 17% 18% C 0% 3% 3% D 0% 1% 1% Fail 0% 1% 1% No Grade 18% 19% 21% Average 3.9 3.6 3.6 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 1 ## Page 15 Robert S. Hyatt Attorney Survey 1b. How would you grade Judge Hyatt on "Beginning court on time?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 90% 66% 62% B 10% 23% 25% C 0% 5% 7% D 0% 2% 2% Fail 0% 1% 1% No Grade 0% 3% 2% Average 3.9 3.6 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 2 ## Page 16 Robert S. Hyatt Attorney Survey 1c. How would you grade Judge Hyatt on "Allotting appropriate amount of time for cases?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 77% 55% 56% B 18% 27% 28% C 3% 9% 8% D 0% 3% 2% Fail 0% 1% 1% No Grade 3% 5% 4% Average 3.8 3.4 3.4 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 3 ## Page 17 Robert S. Hyatt Attorney Survey 1d. How would you grade Judge Hyatt on "Keeping cases moving according to schedule?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 82% 58% 58% B 8% 27% 28% C 11% 7% 7% D 0% 3% 2% Fail 0% 1% 1% No Grade 0% 4% 4% Average 3.7 3.4 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 4 ## Page 18 Robert S. Hyatt Attorney Survey 1e. How would you grade Judge Hyatt on "[Civil only] Assisting parties to reach agreement?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 19% 23% 23% B 4% 17% 17% C 4% 10% 8% D 4% 4% 3% Fail 4% 2% 2% No Grade 67% 44% 47% Average 2.9 3.0 3.0 Letter Grade B- B B Judicial Performance Survey 2008 Page 5 ## Page 19 Robert S. Hyatt Attorney Survey 1f. How would you grade Judge Hyatt on "Maintaining appropriate control over proceedings?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 87% 64% 66% B 10% 22% 22% C 3% 8% 7% D 0% 3% 2% Fail 0% 1% 1% No Grade 0% 2% 2% Average 3.8 3.5 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 6 ## Page 20 Robert S. Hyatt Attorney Survey 1g. How would you grade Judge Hyatt on "Promptly ruling on pre-trial motions?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 54% 45% 44% B 21% 23% 21% C 8% 9% 8% D 0% 3% 3% Fail 3% 2% 1% No Grade 15% 19% 24% Average 3.5 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2008 Page 7 ## Page 21 Robert S. Hyatt Attorney Survey 1h. How would you grade Judge Hyatt on "Promptly issuing a decision on the case after trial?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 51% 48% 48% B 15% 17% 16% C 0% 5% 4% D 0% 2% 1% Fail 0% 1% 1% No Grade 33% 27% 29% Average 3.8 3.5 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 8 ## Page 22 Robert S. Hyatt Attorney Survey 1i. How would you grade Judge Hyatt on "Setting reasonable schedules for cases?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 72% 53% 54% B 13% 26% 26% C 5% 9% 8% D 3% 3% 3% Fail 0% 2% 2% No Grade 8% 7% 8% Average 3.7 3.3 3.4 Letter Grade A- B B+ Judicial Performance Survey 2008 Page 9 ## Page 23 Robert S. Hyatt Attorney Survey 2a. How would you grade Judge Hyatt on "Basing decisions on evidence and arguments?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 72% 54% 54% B 18% 25% 25% C 5% 9% 9% D 5% 4% 4% Fail 0% 3% 3% No Grade 0% 5% 5% Average 3.6 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2008 Page 10 ## Page 24 Robert S. Hyatt Attorney Survey 2b. How would you grade Judge Hyatt on "Giving reasons for rulings?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 59% 57% 56% B 33% 25% 25% C 5% 9% 9% D 3% 3% 4% Fail 0% 2% 2% No Grade 0% 4% 4% Average 3.5 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 11 ## Page 25 Robert S. Hyatt Attorney Survey 2c. How would you grade Judge Hyatt on "[Civil only] Issuing written findings of fact and law?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 27% 32% 27% B 15% 18% 16% C 8% 7% 6% D 4% 3% 3% Fail 0% 1% 2% No Grade 46% 38% 47% Average 3.2 3.2 3.2 Letter Grade B B B Judicial Performance Survey 2008 Page 12 ## Page 26 Robert S. Hyatt Attorney Survey 2d. How would you grade Judge Hyatt on "Willing to reconsider error in fact or law?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 37% 27% 27% B 18% 18% 18% C 3% 9% 9% D 3% 4% 5% Fail 3% 4% 4% No Grade 37% 37% 38% Average 3.3 3.0 2.9 Letter Grade B B B- Judicial Performance Survey 2008 Page 13 ## Page 27 Robert S. Hyatt Attorney Survey 2e. How would you grade Judge Hyatt on "Having knowledge of relevant substantive law?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 62% 55% 54% B 33% 28% 28% C 3% 9% 9% D 3% 3% 4% Fail 0% 2% 2% No Grade 0% 3% 4% Average 3.5 3.4 3.3 Letter Grade B+ B+ B Judicial Performance Survey 2008 Page 14 ## Page 28 Robert S. Hyatt Attorney Survey 2f. How would you grade Judge Hyatt on "Having knowledge of rules of procedure and evidence?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 84% 63% 60% B 8% 23% 24% C 5% 7% 8% D 0% 2% 3% Fail 0% 2% 2% No Grade 3% 3% 4% Average 3.8 3.5 3.4 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 15 ## Page 29 Robert S. Hyatt Attorney Survey 2g. How would you grade Judge Hyatt on "Being able to identify and analyze relevant facts?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 76% 58% 58% B 16% 24% 24% C 3% 9% 8% D 3% 3% 4% Fail 0% 2% 2% No Grade 3% 4% 4% Average 3.7 3.4 3.4 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 16 ## Page 30 Robert S. Hyatt Attorney Survey 2h. How would you grade Judge Hyatt on "[Criminal only] Issuing consistent sentences when the circumstances are similar?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 52% 28% 36% B 3% 16% 18% C 3% 5% 5% D 0% 2% 2% Fail 0% 2% 1% No Grade 42% 48% 37% Average 3.8 3.3 3.3 Letter Grade A- B B Judicial Performance Survey 2008 Page 17 ## Page 31 Robert S. Hyatt Attorney Survey 2i. How would you grade Judge Hyatt on "Willing to make decision without regard to possible criticism?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 66% 54% 54% B 18% 20% 20% C 0% 7% 7% D 3% 2% 3% Fail 0% 2% 3% No Grade 13% 15% 14% Average 3.7 3.4 3.4 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 18 ## Page 32 Robert S. Hyatt Attorney Survey 2j. How would you grade Judge Hyatt on "Making decisions without fear of being appealed?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 69% 55% 55% B 15% 19% 20% C 0% 6% 6% D 3% 2% 2% Fail 0% 1% 1% No Grade 13% 17% 16% Average 3.7 3.5 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 19 ## Page 33 Robert S. Hyatt Attorney Survey 3a. How would you grade Judge Hyatt on "Speaking clearly?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 87% 75% 76% B 10% 18% 18% C 0% 4% 4% D 3% 1% 1% Fail 0% 0% 0% No Grade 0% 1% 1% Average 3.8 3.7 3.7 Letter Grade A- A- A- Judicial Performance Survey 2008 Page 20 ## Page 34 Robert S. Hyatt Attorney Survey 3b. How would you grade Judge Hyatt on "Making sure all participants understand the proceedings?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 77% 71% 71% B 18% 20% 21% C 0% 5% 5% D 3% 1% 1% Fail 0% 1% 1% No Grade 3% 2% 2% Average 3.7 3.6 3.6 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 21 ## Page 35 Robert S. Hyatt Attorney Survey 3c. How would you grade Judge Hyatt on "Using understandable language?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 87% 75% 76% B 10% 20% 19% C 3% 4% 3% D 0% 1% 1% Fail 0% 0% 0% No Grade 0% 1% 1% Average 3.8 3.7 3.7 Letter Grade A- A- A- Judicial Performance Survey 2008 Page 22 ## Page 36 Robert S. Hyatt Attorney Survey 3d. How would you grade Judge Hyatt on "Providing written communications that are clear, thorough and well reasoned?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 50% 46% 46% B 19% 21% 21% C 13% 7% 7% D 0% 4% 4% Fail 0% 2% 2% No Grade 19% 20% 21% Average 3.5 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2008 Page 23 ## Page 37 Robert S. Hyatt Attorney Survey 4a. How would you grade Judge Hyatt on "Giving proceedings a sense of dignity?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 79% 69% 69% B 10% 19% 20% C 10% 6% 6% D 0% 2% 2% Fail 0% 2% 2% No Grade 0% 1% 1% Average 3.7 3.5 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 24 ## Page 38 Robert S. Hyatt Attorney Survey 4b. How would you grade Judge Hyatt on "Treating everyone involved politely?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 72% 68% 69% B 13% 16% 17% C 15% 7% 7% D 0% 3% 3% Fail 0% 4% 4% No Grade 0% 1% 1% Average 3.6 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 25 ## Page 39 Robert S. Hyatt Attorney Survey 4c. How would you grade Judge Hyatt on "Having empathy with the parties involved?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 64% 55% 55% B 15% 22% 22% C 10% 10% 10% D 3% 4% 4% Fail 3% 4% 4% No Grade 5% 5% 4% Average 3.4 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2008 Page 26 ## Page 40 Robert S. Hyatt Attorney Survey 4d. How would you grade Judge Hyatt on "Treating participants with respect?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 74% 67% 68% B 13% 17% 18% C 8% 8% 7% D 3% 4% 3% Fail 3% 3% 3% No Grade 0% 1% 1% Average 3.5 3.4 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 27 ## Page 41 Robert S. Hyatt Attorney Survey 4e. How would you grade Judge Hyatt on "Presenting a neutral presence on the bench?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 74% 65% 64% B 15% 19% 20% C 8% 8% 8% D 0% 4% 4% Fail 3% 4% 4% No Grade 0% 2% 1% Average 3.6 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 28 ## Page 42 Robert S. Hyatt Attorney Survey 4f. How would you grade Judge Hyatt on "Being consistent in [his/her] behavior?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 79% 64% 64% B 13% 20% 21% C 8% 7% 7% D 0% 3% 3% Fail 0% 3% 2% No Grade 0% 4% 4% Average 3.7 3.4 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 29 ## Page 43 Robert S. Hyatt Attorney Survey 4g. How would you grade Judge Hyatt on "Conducting [his/her] courtroom in a neutral manner?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 74% 65% 64% B 15% 18% 20% C 5% 7% 7% D 0% 3% 4% Fail 3% 3% 3% No Grade 3% 3% 2% Average 3.6 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 30 ## Page 44 Robert S. Hyatt Attorney Survey 4h. How would you grade Judge Hyatt on "Giving all participants an opportunity to be heard?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 74% 70% 70% B 23% 18% 19% C 3% 6% 6% D 0% 2% 2% Fail 0% 2% 2% No Grade 0% 2% 1% Average 3.7 3.5 3.6 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 31 ## Page 45 Robert S. Hyatt Attorney Survey 4i. How would you grade Judge Hyatt on "Consistently applying laws and rules?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 74% 59% 59% B 13% 21% 21% C 10% 8% 8% D 0% 3% 3% Fail 3% 3% 3% No Grade 0% 6% 6% Average 3.6 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 32 ## Page 46 Robert S. Hyatt Attorney Survey 4j. How would you grade Judge Hyatt on "Not engaging in ex parte communications?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 82% 67% 64% B 3% 10% 12% C 3% 2% 3% D 0% 1% 1% Fail 0% 1% 1% No Grade 13% 19% 19% Average 3.9 3.7 3.7 Letter Grade A- A- A- Judicial Performance Survey 2008 Page 33 ## Page 47 Robert S. Hyatt Attorney Survey 4k. How would you grade Judge Hyatt on "Treating pro se parties fairly?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 50% 47% 51% B 0% 9% 11% C 5% 3% 3% D 0% 1% 1% Fail 0% 1% 1% No Grade 45% 40% 33% Average 3.8 3.7 3.6 Letter Grade A- A- B+ Judicial Performance Survey 2008 Page 34 ## Page 48 Robert S. Hyatt Attorney Survey 5a. How would you grade Judge Hyatt on "Making tough decisions when necessary?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 62% 55% 53% B 18% 21% 22% C 13% 7% 7% D 0% 3% 3% Fail 3% 1% 2% No Grade 5% 12% 13% Average 3.4 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 35 ## Page 49 Robert S. Hyatt Attorney Survey 5b. How would you grade Judge Hyatt on "Using good judgment in application of relevant law and rules?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 67% 53% 54% B 23% 26% 26% C 5% 10% 9% D 3% 4% 4% Fail 0% 3% 3% No Grade 3% 4% 4% Average 3.6 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2008 Page 36 ## Page 50 Robert S. Hyatt Attorney Survey 5c. How would you grade Judge Hyatt on "Doing the necessary 'homework' and being prepared for [his/her] cases?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 68% 58% 56% B 18% 24% 24% C 8% 7% 8% D 0% 2% 2% Fail 0% 2% 2% No Grade 5% 6% 9% Average 3.6 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 37 ## Page 51 Robert S. Hyatt Attorney Survey 5d. How would you grade Judge Hyatt on "Being willing to handle cases on the docket even when they are complicated and time consuming?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 69% 56% 54% B 10% 18% 18% C 3% 5% 6% D 0% 2% 2% Fail 0% 1% 2% No Grade 18% 17% 19% Average 3.8 3.5 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 38 ## Page 52 Robert S. Hyatt Attorney Survey 5e. How would you grade Judge Hyatt on "Providing prompt access to the court in emergency matters?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 45% 40% 39% B 5% 13% 14% C 3% 5% 4% D 0% 1% 1% Fail 0% 1% 1% No Grade 47% 40% 40% Average 3.8 3.5 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 39 ## Page 53 Robert S. Hyatt Attorney Survey 6. How biased do you think Judge Hyatt is towards the defense or the prosecution? Judge All District All Trial Hyatt Judges 2008 Judges 2008 5 0% 2% 3% ⇑ 4 0% 3% 4% 3 0% 6% 7% 2 0% 9% 10% 1 37% 13% 14% 0 Neutral 58% 54% 53% -1 0% 6% 4% -2 0% 3% 2% -3 0% 2% 2% -4 5% 2% 1% ⇓ -5 0% 1% 0% Average 0.2 0.4 0.7 noitucesorP drawoT esnefeD drawoT Judicial Performance Survey 2008 Page 40 ## Page 54 Robert S. Hyatt Attorney Survey 7. How lenient or harsh do you think the sentences handed down by Judge Hyatt are? Judge All District All Trial Hyatt Judges 2008 Judges 2008 5 0% 2% 2% ⇑ 4 0% 3% 3% 3 0% 4% 4% 2 0% 7% 8% 1 11% 8% 10% 0 Appropriate 83% 56% 60% -1 6% 5% 4% -2 0% 5% 3% -3 0% 5% 3% -4 0% 2% 1% ⇓ -5 0% 2% 1% Average 0.1 0.1 0.3 hsraH oT thgiL oT Judicial Performance Survey 2008 Page 41 ## Page 55 Robert S. Hyatt Attorney Survey 12. Do you recommend that Judge Hyatt be retained in office or not be retained in office? Judge All District All Trial Hyatt Judges 2008 Judges 2008 Strongly Recommend 86% 77% 77% Retain in office Somewhat Recommend 8% 13% 13% Retain in office Somewhat Recommend Not 5% 4% 4% Retain in office Strongly Recommend Not Retain in office 0% 6% 6% Judicial Performance Survey 2008 Page 42 ## Page 56 AAppppeellllaattee JJuuddggee SSuurrvveeyy ((SSaammppllee SSiizzee 2200)) ## Page 57 Robert S. Hyatt Appellate Survey Overall Performance of Judge Hyatt Judge All District Hyatt Judges A 40% 28% B 25% 14% C 20% 3% D 0% 0% Fail 0% 0% No Grade 15% 55% Average 3.2 3.5 Letter Grade B B+ Judicial Performance Survey 2004 Page 1 ## Page 58 NNoonn--AAttttoorrnneeyy SSuurrvveeyy ((SSaammppllee SSiizzee 8877)) ## Page 59 Robert S. Hyatt NNoonn-AAttttoorrnneeyy SSuurrvveeyy Average Grades: Overall and by Section 3.7 Overall Average 3.6 3.6 3.8 QQ11. OOvveerraallll DDeemmeeaannoorr 33.66 3.6 3.8 Q2. Overall Fairness 3.6 3.6 3.7 Q3. Overall 3.7 Communications 3.7 3.8 Q4. Overall Diligence 3.6 3.6 3.6 Q5. Overall Application of 3.6 Law 3.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 AAverage GGradde Robert S. Hyatt All District Judges All Trial Judges Judicial Performance Survey 2008 Page 1 ## Page 60 Robert S. Hyatt Non-Attorney Survey Average Grades: Demeanor 3.8 Q1. Overall Demeanor 3.6 3.6 33.88 1a. Giving court proceedings a 3.7 sense of dignity 3.6 3.8 1b. Treating participants politely 3.7 and with respect 3.6 3.8 1c. Conducting [his/her] 3.6 courtroom in a neutral manner 3.6 3.6 1d. Having a sense of compassion and human 3.6 understanding for those who appear before the judge 3.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Robert S. Hyatt All District Judges All Trial Judges Judicial Performance Survey 2008 Page 2 ## Page 61 Robert S. Hyatt NNoonn-AAttttoorrnneeyy SSuurrvveeyy Average Grades: Fairness 3.8 Q2. Overall Fairness 3.6 3.6 3.8 2a. Giving participants an 3.7 opportunity to be heard 3.6 3.8 2b. Treating those involved with 3.6 the case without bias 3.5 3.7 2c. Treating fairly people who 3.6 represent themselves 3.5 3.8 2d. Giving each side enough 3.7 time to present his or her case 33.66 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Robert S. Hyatt All District Judges All Trial Judges Judicial Performance Survey 2008 Page 3 ## Page 62 Robert S. Hyatt Non-Attorney Survey Average Grades: Communications 3.7 Q3. Overall Communications 3.7 3.7 3.7 3a. Making sure all participants understand the 3.7 proceedings, and what's going on in the courtroom 3.6 3.8 3b. Using language that 3.7 everyone can understand 3.7 3.7 3c. Speaking clearly so everyone in the courtroom can 3.7 hear what's being said 3.7 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Robert S. Hyatt All District Judges All Trial Judges Judicial Performance Survey 2008 Page 4 ## Page 63 Robert S. Hyatt Non-Attorney Survey Average Grades: Diligence 3.8 Q4. Overall Diligence 3.6 3.6 3.8 44a. BBegiinniing courtt on ttiime 33.55 3.4 3.8 4b. Maintaining appropriate 33..77 conttroll over proceeddiings 3.7 3.8 4c. Setting reasonable 3.6 sscchheedduulleess ffoorr ccaasseess 3.6 3.8 4d. Being prepared for [his/her] 3.7 cases 3.6 3.6 4e. Managing court proceedings so that there is 3.5 little wasted time 3.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Robert S. Hyatt All District Judges All Trial Judges Judicial Performance Survey 2008 Page 5 ## Page 64 Robert S. Hyatt Non-Attorney Survey Average Grades: Application and Knowledge of Law 3.6 Q5. Overall App of Law 3.6 3.5 3.5 5a. Giving reasons for rulings 3.6 3.5 3.8 5b. Willing to make decision without regard to possible 3.6 outside pressure 3.5 3.7 5c. Being able to identify and 3.6 analyze relevant facts 33.55 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Robert S. Hyatt All District Judges All Trial Judges Judicial Performance Survey 2008 Page 6 ## Page 65 Robert S. Hyatt Non-Attorney Survey Average: How biased do you think Judge Hyatt is toward the defense or prosecution? Robert S. Hyatt -0.1 All District Judges 0.1 All Trial Judges 0.1 5 4 3 2 1 0 1 2 3 4 5 (cid:205) Defense Prosecution (cid:206) Judicial Performance Survey 2008 Page 7 ## Page 66 Robert S. Hyatt Non-Attorney Survey Average: How lenient or how harsh are Judge Hyatt's sentences? Robert S. Hyyatt 0.3 All District Judges 0.0 All Trial Judges 0.0 5 4 3 2 1 0 1 2 3 4 5 (cid:205) Lenient Harsh (cid:206) Judicial Performance Survey 2008 Page 8 ## Page 67 Robert S. Hyatt Non-Attorney Survey Retention Recommendation 100% 9955%% 90% 90% 87% 85% 81% 80% 78% 70% 60% 5500%% 40% 30% 20% 10% 8% 8% 7% 7%7% 7% 5% 5% 5% 4% 4% 3% 2%2% 2% 2%2% 1% 1% 1% 1% 0% Including Undecided Excluding Undecided Judge Hyatt All District Judges All Trial Judges Judicial Performance Survey 2008 Page 9 ## Page 68 Robert S. Hyatt Non-Attorney Survey 1a. How would you grade Judge Hyatt on "Giving proceedings a sense of dignity?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 82% 76% 73% B 14% 16% 18% C 2% 3% 4% D 0% 2% 2% Fail 1% 1% 2% No Grade 0% 1% 1% Average 3.8 3.7 3.6 Letter Grade A- A- B+ Judicial Performance Survey 2008 Page 1 ## Page 69 Robert S. Hyatt Non-Attorney Survey 1b. How would you grade Judge Hyatt on "Treating participants politely and with respect?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 85% 79% 76% B 12% 13% 14% C 1% 4% 4% D 1% 1% 2% Fail 1% 2% 3% No Grade 0% 1% 1% Average 3.8 3.7 3.6 Letter Grade A- A- B+ Judicial Performance Survey 2008 Page 2 ## Page 70 Robert S. Hyatt Non-Attorney Survey 1c. How would you grade Judge Hyatt on "Conducting [his/her] courtroom in a neutral manner?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 86% 77% 74% B 9% 13% 14% C 3% 4% 5% D 1% 2% 2% Fail 0% 2% 3% No Grade 0% 1% 1% Average 3.8 3.6 3.6 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 3 ## Page 71 Robert S. Hyatt Non-Attorney Survey 1d. How would you grade Judge Hyatt on "Having a sense of compassion and human understanding for those who appear before the judge?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 69% 71% 69% B 24% 17% 17% C 4% 4% 5% D 0% 2% 2% Fail 1% 3% 4% No Grade 2% 3% 3% Average 3.6 3.6 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 4 ## Page 72 Robert S. Hyatt Non-Attorney Survey 2a. How would you grade Judge Hyatt on "Giving participants an opportunity to be heard?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 87% 77% 75% B 7% 14% 14% C 3% 4% 4% D 0% 2% 2% Fail 2% 2% 3% No Grade 0% 2% 2% Average 3.8 3.7 3.6 Letter Grade A- A- B+ Judicial Performance Survey 2008 Page 5 ## Page 73 Robert S. Hyatt Non-Attorney Survey 2b. How would you grade Judge Hyatt on "Treating those involved in the case without bias?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 86% 75% 73% B 8% 14% 14% C 2% 3% 4% D 1% 2% 2% Fail 1% 3% 4% No Grade 1% 3% 3% Average 3.8 3.6 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 6 ## Page 74 Robert S. Hyatt Non-Attorney Survey 2c. How would you grade Judge Hyatt on "Treating fairly people who represent themselves?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 50% 47% 49% B 5% 8% 9% C 2% 2% 3% D 0% 1% 1% Fail 2% 2% 3% No Grade 41% 39% 35% Average 3.7 3.6 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 7 ## Page 75 Robert S. Hyatt Non-Attorney Survey 2d. How would you grade Judge Hyatt on "Giving each side enough time to present his or her case?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 87% 75% 72% B 7% 14% 14% C 2% 3% 4% D 0% 2% 2% Fail 2% 2% 3% No Grade 1% 5% 5% Average 3.8 3.7 3.6 Letter Grade A- A- B+ Judicial Performance Survey 2008 Page 8 ## Page 76 Robert S. Hyatt Non-Attorney Survey 3a. How would you grade Judge Hyatt on "Making sure participants understand the proceedings, and what's going on in the courtroom?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 83% 78% 76% B 10% 13% 14% C 3% 4% 5% D 1% 2% 2% Fail 2% 1% 2% No Grade 0% 2% 2% Average 3.7 3.7 3.6 Letter Grade A- A- B+ Judicial Performance Survey 2008 Page 9 ## Page 77 Robert S. Hyatt Non-Attorney Survey 3b. How would you grade Judge Hyatt on "Using language that everyone can understand?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 84% 78% 76% B 12% 16% 16% C 2% 4% 4% D 1% 1% 1% Fail 1% 1% 1% No Grade 0% 1% 1% Average 3.8 3.7 3.7 Letter Grade A- A- A- Judicial Performance Survey 2008 Page 10 ## Page 78 Robert S. Hyatt Non-Attorney Survey 3c. How would you grade Judge Hyatt on "Speaking clearly so everyone in the courtroom can hear what's being said?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 81% 79% 78% B 13% 14% 14% C 5% 4% 4% D 1% 1% 1% Fail 0% 1% 1% No Grade 0% 1% 1% Average 3.7 3.7 3.7 Letter Grade A- A- A- Judicial Performance Survey 2008 Page 11 ## Page 79 Robert S. Hyatt Non-Attorney Survey 4a. How would you grade Judge Hyatt on "Beginning court on time?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 88% 61% 61% B 8% 24% 24% C 4% 7% 8% D 0% 2% 2% Fail 0% 2% 2% No Grade 0% 4% 4% Average 3.8 3.5 3.4 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 12 ## Page 80 Robert S. Hyatt Non-Attorney Survey 4b. How would you grade Judge Hyatt on "Maintaining appropriate control over proceedings?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 86% 78% 77% B 8% 15% 15% C 6% 4% 4% D 0% 1% 1% Fail 0% 1% 1% No Grade 0% 2% 2% Average 3.8 3.7 3.7 Letter Grade A- A- A- Judicial Performance Survey 2008 Page 13 ## Page 81 Robert S. Hyatt Non-Attorney Survey 4c. How would you grade Judge Hyatt on "Setting reasonable schedules for cases?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 76% 64% 62% B 12% 17% 17% C 2% 5% 5% D 0% 1% 1% Fail 1% 2% 2% No Grade 8% 12% 13% Average 3.8 3.6 3.6 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 14 ## Page 82 Robert S. Hyatt Non-Attorney Survey 4d. How would you grade Judge Hyatt on "Being prepared for [his/her] cases?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 81% 73% 71% B 7% 14% 14% C 2% 3% 4% D 0% 1% 1% Fail 1% 2% 2% No Grade 8% 7% 8% Average 3.8 3.7 3.6 Letter Grade A- A- B+ Judicial Performance Survey 2008 Page 15 ## Page 83 Robert S. Hyatt Non-Attorney Survey 4e. How would you grade Judge Hyatt on "Managing court proceedings so that there is little wasted time?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 75% 67% 66% B 15% 21% 20% C 5% 6% 7% D 2% 2% 2% Fail 2% 2% 2% No Grade 0% 3% 3% Average 3.6 3.5 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 16 ## Page 84 Robert S. Hyatt Non-Attorney Survey 5a. How would you grade Judge Hyatt on "Giving reasons for rulings?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 60% 67% 65% B 21% 16% 16% C 6% 4% 5% D 0% 2% 2% Fail 2% 2% 3% No Grade 11% 9% 9% Average 3.5 3.6 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 17 ## Page 85 Robert S. Hyatt Non-Attorney Survey 5b. How would you grade Judge Hyatt on "Willing to make decision without regard to possible outside pressure?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 61% 61% 59% B 8% 11% 12% C 2% 3% 4% D 0% 2% 2% Fail 1% 3% 3% No Grade 27% 20% 20% Average 3.8 3.6 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 18 ## Page 86 Robert S. Hyatt Non-Attorney Survey 5c. How would you grade Judge Hyatt on "Being able to identify and analyze relevant facts?" Judge All District All Trial Hyatt Judges 2008 Judges 2008 A 71% 68% 66% B 10% 13% 14% C 4% 3% 4% D 0% 2% 3% Fail 2% 3% 4% No Grade 13% 10% 10% Average 3.7 3.6 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 19 ## Page 87 Robert S. Hyatt Non-Attorney Survey 6. How biased do you think Judge Hyatt is towards the defense or the prosecution? Judge All District All Trial Hyatt Judges 2008 Judges 2008 5 2% 1% 2% ⇑ 4 0% 1% 1% 3 0% 2% 2% 2 0% 2% 2% 1 0% 4% 5% 0 Neutral 91% 84% 82% -1 0% 2% 3% -2 5% 2% 1% -3 0% 1% 1% -4 0% 1% 1% ⇓ -5 2% 1% 1% Average -0.1 0.1 0.1 noitucesorP drawoT esnefeD drawoT Judicial Performance Survey 2008 Page 20 ## Page 88 Robert S. Hyatt Non-Attorney Survey 7. How lenient or harsh do you think the sentences handed down by Judge Hyatt are? Judge All District All Trial Hyatt Judges 2008 Judges 2008 5 3% 2% 2% ⇑ 4 0% 1% 2% 3 7% 2% 2% 2 3% 2% 2% 1 0% 3% 3% 0 Appropriate 79% 78% 76% -1 3% 5% 5% -2 0% 4% 4% -3 3% 2% 2% -4 0% 1% 1% ⇓ -5 0% 1% 1% Average 0.3 0.0 0.0 hsraH oT thgiL oT Judicial Performance Survey 2008 Page 21 ## Page 89 Robert S. Hyatt Non-Attorney Survey 12. Do you recommend that Judge Hyatt be retained in office or not be retained in office? Judge All District All Trial Hyatt Judges 2006 Judges 2008 Strongly Recommend 95% 87% 85% Retain in office Somewhat Recommend 3% 7% 8% Retain in office Somewhat Recommend Not 1% 2% 2% Retain in office Strongly Recommend Not Retain in office 1% 4% 5% Judicial Performance Survey 2008 Page 22 ## Page 90 MMeetthhooddoollooggyy ## Page 91 MMeetthhooddoollooggyy Sample: The databases of names and addresses of the people who had likely been in each judge’s courtroom were primarily provided by the Colorado Judicial Department, Colorado District Attorneys’ Council and the Denver County Courts. These three sources provided name and address data in 2005, 2006, 2007 and 2008. Starting in the second quarter of 2007, the data was provided quarterly. Where there were low sample counts, this data was supplemented by contacting district court administrators for additional sample of particular types of potential respondents. The data was then combined, duplicates removed and addresses corrected— quarterly starting in 2007. Depending on the available number of names and the count of already received surveys for a particular judge, either all or a random sample of names were drawn. Included in the data cleaning was the identification of potential respondents in the sample who had appeared in more than two judges’ courtrooms. Due to concerns about respondent fatigue, no more than two questionnaires were intended to be sent to any one respondent—though there were a few instances where one respondent did receive more than two questionnaires. Where a person had been in more than two judges’ courtrooms, the selection criteria for which judges he or she would be sent questionnaires was generally: first, for the judge in whose courtroom the potential respondent had been in most often, and two, the judge with the smallest sample of the judges in whose courtroom the potential respondent had appeared. Survey: Each person whose name was drawn was mailed an initial postcard informing the recipient that he or she would be receiving a questionnaire. Two to three weeks after the post card was mailed, the potential respondent would be sent a personalized introductory letter and a questionnaire with a postage-paid return envelope. Those who did not respond to the first questionnaire were then sent a sent follow-up postcard. If the person did not respond after the follow-up postcard, a second questionnaire and letter were sent and in some instances a second follow-up postcard was sent after the second letter and questionnaire. In order to increase the number of attorney responses, particularly for judges with few attorney responses, telephone interviews were conducted with attorneys who had not responded to the mailed questionnaires. Over 900 interviews were completed by telephone. 1 ## Page 92 Questionnaire: The questionnaire used in the 2008 Judicial Performance Survey asked respondents to use a grade of A, B, C, D, or F (Fail) to assess the judge’s performance in five different areas. For attorney respondents these areas were Case Management, Application and Knowledge of Law, Communications, Demeanor and Diligence, and for non-attorney respondents the five were Demeanor, Fairness, Communications, Diligence and Application of Law. These scores were then converted to a numerical value where A = 4, B = 3, C = 2, D = 1 and Fail = 0. Copies of the questionnaires are included at the end of this report. Response: The estimated response rate is calculated as the number of completed questionnaires divided by the number of eligible respondents who actually received a questionnaire. The following table shows the total number of questionnaires mailed, completed, non-responses & refusals, undeliverables and other responses. The table presents the estimated overall response rate as well as the response rate by the different types of respondents. The true response rates are likely considerably higher than shown because of the relatively high percentage of people who were mailed questionnaires about judges who they had not observed in court. This is due, in part, to many cases being disposed of without the parties having appeared in court, as well as in the case of law enforcement, the data includes all those who were subpoenaed for a case, not just those who appeared. A similar table showing the response counts and estimated cooperation rate for your survey is provided at the end of this methodology section. 2 ## Page 93 Total No Undeliverable/ Other Non- Cooperation Sent Response Not Applicable responses Completes Rate Attorneys Criminal District Attorneys 841 306 93 2 440 58.8% Defense Attorneys 1,082 341 102 2 637 65.0% Other Attorneys Crmnl 809 418 27 3 361 46.2% Civil Attorneys for Litigants 1,395 312 171 13 899 73.4% Other Attorneys Civil 598 280 53 2 263 48.3% Attorneys, Unknown Role 852 289 77 2 484 62.5% Total Attorneys 5,577 1,946 523 24 3,084 61.0% Non-attorneys Criminal Law Enforcement 8,170 5,431 1,417 34 1,288 19.1% Defendant 13,787 9,091 3,737 25 934 9.3% Victim 295 222 63 2 8 3.4% Witness 1,886 1,342 453 5 86 6.0% Other 5,396 3,532 1,301 43 520 12.7% Civil Litigant 6,552 4,390 1,109 21 1,032 19.0% Witness 46 31 5 0 10 24.4% Other 59 29 15 0 15 34.1% Non-attnys, Unknown Role 5,065 2,598 1,843 12 612 19.0% Total Non-attorneys 41,256 26,666 9,943 142 4,505 14.4% Others Appellate Judges 26 6 0 0 20 76.9% Jurors 10,214 4,940 460 22 4,792 49.1% Total Other 10,240 4,946 460 22 4,812 49.2% Total 57,073 33,558 10,926 188 12,401 26.9% 3 ## Page 94 Results: The results of the Survey are in three main sections: Attorney respondents, Appellate Judge respondents and Non-attorney respondents. Within the Attorney and Non-attorney section are subsections of graphs displaying average grades for each section of the questionnaire and each question and tables showing the percentage distribution of grades. The Appellate Judge section is new this year, and shows the percentage distribution of the grades given by the appellate judges on overall performance. Graphs: The graphs visually display the overall average numerical grades received for all grade questions, each section and each question compared to averages for all district judges, and all trial judges for which 2008 surveys were conducted. Questions relating to bias toward the defense or prosecution, sentencing and retention recommendation are also graphed. Percentage Distribution of Grades: This section shows the percentage of each grade received on each question plus the bias, sentencing and retention questions. An average grade point for each graded question is computed and shown in the results section. A letter grade is also assigned to each grade point according to the following scale. A = 4.00 B = 3.00 to 3.33 C = 2.00 to 2.33 D = 1.00 to 1.33 A— = 3.67 to 3.99 B—= 2.67 to 2.99 C—= 1.67 to 1.99 D— = 0.67 to 0.99 B+ = 3.34 to 3.66 C+ = 2.34 to 2.66 D+ = 1.34 to 1.66 Fail = 0.00 to 0.66 This section also includes two comparative columns of results: one comparative column shows the results for that question for district judges surveyed in 2008, along with a second comparative column showing the results for all trial judges in the 2008 survey. Projectability: Most surveys seen by the public are surveys that are intended to be projectable, that is the results from the sample of people surveyed can be used to estimate a percentage or value of the population sampled with a known probability of error. For example, a pre-election poll of 500 likely Colorado voters is used to estimate the percentage of voters who will vote for Candidate A on election day, plus or minus some number of percentage points. The plus or minus amount is usually what is known as the 95%- confidence interval (the known probability of error), or what the media often refers to as the margin-of-error. The Colorado Judicial Performance Evaluation Survey is not projectable with a known probability of error because the results are calculated from a self- selecting sample that is self-selecting based on the content and subject matter of the survey. In other words, the potential respondent knows the purpose and content of the survey, and based on that, decides whether to respond to the survey. 4 ## Page 95 While projectability within a known probability of error is a highly desirable attribute of a survey, it is often not feasible to achieve. Commercial market research often uses nonprojectable (and small) samples—the most well known of which are for focus groups. Moreover, the federal courts have long accepted, and do not expect, projectable samples for market confusion surveys used in trademark litigation. In other words, one can still use the results of the Judicial Performance Evaluation Survey to estimate how everyone who has observed a judge in the courtroom would grade him or her, just not with a known probability of error. The Judicial Performance Evaluation Survey is a valuable means, perhaps the only practical means, for the Judicial Performance Commissions to have a summary of structured interviews with a number of people who have courtroom familiarity with the judge being evaluated, and who most often— albeit not always—are responding out of a desire to improve the performance of our state’s judicial system. 5 ## Page 96 Robert S. Hyatt Responses by Type Total No Undeliverable/ Other Non- Coop Role Type Sent Response Not Applicable Responses Completes Rate Attorneys Criminal District Attorneys 27 7 2 0 18 72.0% Defense Attorneys 3 2 1 0 0 0.0% Civil Attorneys for Litigants 23 6 3 0 14 70.0% Other Attorneys Civil 11 7 1 0 3 30.0% Attorneys, Unknown Role Type 9 2 3 0 4 66.7% Total Attorneys 73 24 10 0 39 38.1% Non-attorneys Criminal Law Enforcement 4 2 1 1 0 0.0% Defendant 175 99 73 0 3 2.9% Other 21 16 5 0 0 0.0% Civil Litigant 10 10 0 0 0 0.0% Total Non-attorneys 210 127 79 1 3 96.9% Others Appellate Judges 26 6 0 0 20 76.9% Jurors 137 46 7 0 84 64.6% Total Others 163 52 7 0 104 33.3% Grand Total: 446 203 96 1 146 41.7% Judicial Performance Survey 2008 Page 1 ## Page 97 QQuueessttiioonnnnaaiirreess ## Page 98 Commission on Judicial Performance 10. And what would you say are Judge [Last Name]’s weaknesses? _ Attorney Questionnaire _ _ Evaluation of _ _ JUDGE [NAME] 11. Is there anything else that you would like to say about Judge [Last Name]? _ Using a grade scale, where an “A” is excellent along with B, C, D or F for fail, _ please grade the judge on the following. (If you feel that you don not have _ experience with the judge in a specific area, or just don’t know, please circle the _ number corresponding to “Don’t Know/Not Applicable”—DK/NS). _ DK 1. Case Management: A B C D F N/A 12. Keeping in mind your responses to each of the previous questions, how a. Promptly making rulings during trial. 4 3 2 1 0 9 strongly do you recommend that Judge [Last Name] be retained in office, or not retained in office? b. Beginning court on time. 4 3 2 1 0 9 c. Allotting appropriate amount of time for cases. 4 3 2 1 0 9 Strongly recommend he be retained in office. 5 Somewhat recommend he be retained in office . 4 d. Keeping cases moving according to schedule. 4 3 2 1 0 9 Undecided or don’t know enough to make recommendation . 3 e. [Civil only]1 Assisting parties to reach agreement. 4 3 2 1 0 9 Somewhat recommend he not be retained in office . 2 f. Maintaining appropriate control over proceedings. 4 3 2 1 0 9 Strongly recommend he not be retained in office . 1 g. Promptly ruling on pre-trial motions. 4 3 2 1 0 9 And why do you think that way about retaining or not retaining Judge [Last h. Promptly issuing a decision on the case after trial. 4 3 2 1 0 9 Name]? i. Setting reasonable schedules for cases. 4 3 2 1 0 9 _ DK _ 2. Application and Knowledge of Law: A B C D F N/A _ a. Basing decisions on evidence and arguments. 4 3 2 1 0 9 _ b. Giving reasons for rulings. 4 3 2 1 0 9 _ _ c. [Civil only]1 Issuing written findings of fact and law. 4 3 2 1 0 9 d. Willing to reconsider error in fact or law. 4 3 2 1 0 9 e. Having knowledge of relevant substantive law. 4 3 2 1 0 9 Thank you for your time in completing this questionnaire. f. Having knowledge of rules of procedure Please place it in the self-addressed, postage paid enveloped and evidence. 4 3 2 1 0 9 provided, and place it in the mail. Your participation in this g. Being able to identify and analyze relevant facts. 4 3 2 1 0 9 survey is very much appreciated. h. [Criminal only]2 Issuing consistent sentences when the circumstances are similar. 4 3 2 1 0 9 i. Willing to make decisions without regard to possible criticism. 4 3 2 1 0 9 j. Making decisions without fear of being appealed . 4 3 2 1 0 9 DK 1 Please answer questions 1e & 2c only if you have observed the judge in a civil case. 2 Please answer question 2h only if you have observed the judge in a criminal case. ## Page 99 3. Communications: A B C D F N/A 6. [Criminal cases only] 1 On the scale below, please indicate by circling the a. Speaking clearly. 4 3 2 1 0 9 appropriate number how biased you think Judge [Last Name] is toward b. Makings sure all participants understand the defense or the prosecution. If you feel Judge [Last Name] is the proceedings. 4 3 2 1 0 9 completely unbiased, circle “0.” c. Using understandable language. 4 3 2 1 0 9 Bias toward Completely Bias toward Defense Neutral Prosecution d. Providing written communications that are clear, thorough and well reasoned. 4 3 2 1 0 9 5 4 3 2 1 0 1 2 3 4 5 DK 7. [Criminal cases only]1 On the scale below, please indicate by circling the 4. Demeanor: A B C D F N/A appropriate number how lenient or how harsh you think the sentences a. Giving proceedings a sense of dignity. 4 3 2 1 0 9 generally handed down by Judge [Last Name] are. If you feel Judge [Last b. Treating everyone involved politely. 4 3 2 1 0 9 Name] generally hands down appropriate sentences, circle “0.” c. Having empathy with the parties involved. 4 3 2 1 0 9 Sentences Appropriate Sentences d. Treating participants with respect. 4 3 2 1 0 9 Too Light Sentences Too Harsh e. Presenting a neutral presence on the bench. 4 3 2 1 0 9 5 4 3 2 1 0 1 2 3 4 5 f. Being consistent in his/her behavior 4 3 2 1 0 9 g. Conducting his/her courtroom in a neutral manner. 4 3 2 1 0 9 Though your name will never be associated with your answers, because the judge will h. Giving all participants an opportunity to be heard. 4 3 2 1 0 9 see a typed transcript of the comments that you and others write, it is important that i. Consistently applying laws and rules. 4 3 2 1 0 9 you do not include information in the comments below that would unintentionally identify you as the author. j. Not engaging in ex parte communications 4 3 2 1 0 9 k. Treating pro se parties fairly. 4 3 2 1 0 9 8. If an associate were assigned to Judge [Last Name] in a case and asked you for advice, what would you say? DK ________________________________________________________ 5. Diligence: A B C D F N/A ________________________________________________________ a. Making tough decisions when necessary. 4 3 2 1 0 9 ________________________________________________________ b. Using good judgment in application of relevant ________________________________________________________ law and rules. 4 3 2 1 0 9 ________________________________________________________ c. Doing the necessary “homework” and being 9. What would you say are Judge [Last Name]’s strengths? prepared for his/her cases. 4 3 2 1 0 9 ___________________________________________________________ d. Being willing to handle cases on the docket even ___________________________________________________________ when they are complicated and time consuming. 4 3 2 1 0 9 ___________________________________________________________ e. Providing prompt access to the court ___________________________________________________________ in emergency matters. 4 3 2 1 0 9 ___________________________________________________________ [Continued on Back Page] {Question 3d is asked only regarding district judges.} 1 Please answer questions 6 & 7 only if you have observed the judge in a criminal case. ## Page 100 12. Keeping in mind your responses to each of the previous questions, how Commission on Judicial Performance strongly do you recommend that Judge [Last Name] be retained in office, or not retained in office? Strongly recommend he/she be retained in office ................................ 5 Evaluation of Somewhat recommend he/she be retained in office ............................ 4 JUDGE[NAME] Undecided or don’t know enough to make recommendation ............. 3 Somewhat recommend he/she not be retained in office ..................... 2 Strongly recommend he/she not be retained in office ......................... 1 Using a grade scale, where an “A” is excellent along with B, C, D or F for fail, please grade the judge on the following. (If you feel that you don’t have experience with the judge in a specific area, or just don’t know, please circle the And why do you think that way about retaining or not retaining Judge number corresponding to “Don’t Know/Not Applicable”—DK/NA). [Last Name]? _____________________________________________________________ DK _____________________________________________________________ 1. Demeanor: A B C D F N/A _____________________________________________________________ _____________________________________________________________ a. Giving court proceedings a sense of dignity. 4 3 2 1 0 9 _____________________________________________________________ b. Treating participants in the case politely _____________________________________________________________ and with respect. 4 3 2 1 0 9 c. Conducting his/her courtroom in a neutral manner. 4 3 2 1 0 9 d. Having a sense of compassion and human Thank you for you time in completing this questionnaire. Please understanding for those who appear place it in the self-addressed, postage paid enveloped provided, before him/her. 4 3 2 1 0 9 and place it in the mail. Your participation in this survey is very much appreciated. DK 2. Fairness: A B C D F N/A a. Giving participants an opportunity to be heard. 4 3 2 1 0 9 b. Treating those involved in the case without bias. 4 3 2 1 0 9 c. Treating fairly people who represent themselves. 4 3 2 1 0 9 d. Giving each side enough time to present his or her case. 4 3 2 1 0 9 DK 3. Communications: A B C D F N/A a. Makings sure participants understand the proceedings, and what’s going on in the courtroom. 4 3 2 1 0 9 b. Using language that everyone can understand. 4 3 2 1 0 9 c. Speaking clearly so everyone in the courtroom can hear what’s being said. 4 3 2 1 0 9 ## Page 101 DK Though your name will never be associated with your answers, because the judge will 4. Diligence: A B C D F N/A see a typed transcript of the comments that you and others write, it is important that a. Beginning court on time. 4 3 2 1 0 9 you do not include information in the comments below that would unintentionally identify you as the author. b. Maintaining appropriate control over proceedings. 4 3 2 1 0 9 8. If a friend of yours was scheduled to appear before Judge [Last Name] c. Setting reasonable schedules for cases. 4 3 2 1 0 9 as a party in either a civil or criminal case and asked you for advice, what d. Being prepared for his/her cases. 4 3 2 1 0 9 would you tell your friend about Judge [Last Name] ? e. Managing court proceedings so that there is _ little wasted time. 4 3 2 1 0 9 _ _ _ DK _ 5. Application of Law: A B C D F N/A _ a. Giving reasons for rulings. 4 3 2 1 0 9 b. Willing to make decision without regard to 9. What would you say are Judge [Last Name]’s strengths? possible outside pressure. 4 3 2 1 0 9 _ c. Being able to identify and analyze relevant facts. 4 3 2 1 0 9 _ _ _ _ 6. [If you were in [Last Name]’s courtroom during a criminal case or _ cases please answer this question, otherwise skip to the next question.] On the scale below, please indicate by circling the appropriate number how biased you think Judge [Last Name] is toward the defense or 10. And what would you say are Judge [Last Name]’s weaknesses? the prosecution. If you feel Judge [Last Name] is completely unbiased, _ circle “0.” _ _ Bias toward Completely Bias toward _ Defense Neutral Prosecution _ 5 4 3 2 1 0 1 2 3 4 5 _ 7. [If you were in [Last Name]’s courtroom during a criminal case or 11. Is there anything else that you would like to say about Judge cases please answer this question, otherwise skip to the next [Last Name] ? question.] On the scale below, please indicate by circling the appropriate _ number how lenient or how harsh you think the sentences generally handed _ down by [Last Name] are. If you feel Judge [Last Name] generally hands _ down appropriate sentences, circle “0.” _ Sentences Appropriate Sentences _ Too Light Sentences Too Harsh _ 5 4 3 2 1 0 1 2 3 4 5 Continued on Back Page
- 2002 cycle
- 2002 Retention Survey Report(PDF on OJPE)
Read full retention survey textexpand
## Page 1 March 4, 2002 The Honorable Robert S. Hyatt City & County Bldg. 1437 Bannock St., Room 256 Denver, CO 80202 Dear Judge Hyatt: Every two years the Colorado Judicial Performance Commission conducts a survey of people who have been in the courtroom of judges who face a retention vote in the next general election. The 2002 survey was conducted by Talmey-Drake Research & Strategy, Inc., who attempted to contact over 55,000 people who had been in these courtrooms in one capacity or another. Over 18,000 people responded—3,686 to the attorney survey and 14,925 to the non-attorney survey. This report contains the results of those who were in your courtroom and who responded to the survey. In addition to this introduction, the report is divided into four main sections: • Results: This section contains the average and percentage distribution of responses to each substantive numerical question in the survey. It is divided into two subsections, one for the results of the attorney survey and one for the results of the non-attorney survey. • Comments: Respondents were also asked to comment about each judge on each section of the questionnaire: courtesy, impartiality, communications skills, judicial temperament, diligence, application of the law, retention and general comments. These comments have been transcribed, and in some instances redacted to eliminate respondent identifying information. Again this section has been divided into two subsections, one for attorney comments and one for non-attorney comments. • Methodology: The fourth section of the report discusses the methodology of the survey. • Questionnaires: And the final section provides copies of the questionnaires that were used. 100 Arap ahoe, Suite One, Boulder, CO 80302 Phone 303.443.5300 Fax 303.447.9386 ## Page 2 March 4, 2002 The Honorable Robert S. Hyatt Page 2 If you have any questions about the methodology and how the survey was conducted, please feel free to contact me at 303-443-5300, and for any other questions you might have about the survey please call the Director of the Colorado Judicial Performance Program, Michelle Stermer, at 303-837-3665. Best regards, Paul A. Talmey President enc: ## Page 3 Judge Robert S. Hyatt Attorney Survey 1a. How would you grade Judge Hyatt on being courteous toward parties or witnesses? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 69% 65% 65% B 22% 20% 21% C 6% 6% 7% D 3% 3% Fail 2% 2% 2% No Grade 1% 4% 3% Average Grade 3.6 3.5 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2002 Judicial District 2 Page 1 ## Page 4 Judge Robert S. Hyatt Attorney Survey 1b. How would you grade Judge Hyatt on being courteous toward attorneys? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 68% 60% 61% B 20% 22% 22% C 6% 8% 8% D 2% 4% 4% Fail 2% 3% 3% No Grade 1% 3% 3% Average Grade 3.5 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2002 Judicial District 2 Page 2 ## Page 5 Judge Robert S. Hyatt Attorney Survey 1c. How would you grade Judge Hyatt on being courteous toward pro se parties? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 40% 43% 48% B 16% 13% 14% C 4% 4% 6% D 1% 2% Fail 1% 2% No Grade 40% 37% 29% Average Grade 3.6 3.5 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2002 Judicial District 2 Page 3 ## Page 6 Judge Robert S. Hyatt Attorney Survey 2a. How would you grade Judge Hyatt on treating parties equally regardless of race? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 60% 61% 63% B 8% 11% 12% C 1% 3% 3% D 1% 1% Fail 1% 1% No Grade 31% 24% 19% Average Grade 3.9 3.7 3.7 Letter Grade A- A- A- Judicial Performance Survey 2002 Judicial District 2 Page 4 ## Page 7 Judge Robert S. Hyatt Attorney Survey 2b. How would you grade Judge Hyatt on treating parties equally regardless of gender? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 70% 65% 66% B 16% 12% 14% C 2% 5% 5% D 2% 2% Fail 3% 2% 2% No Grade 9% 14% 12% Average Grade 3.6 3.6 3.6 Letter Grade B+ B+ B+ Judicial Performance Survey 2002 Judicial District 2 Page 5 ## Page 8 Judge Robert S. Hyatt Attorney Survey 2c. How would you grade Judge Hyatt on treating parties equally regardless of age? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 58% 64% 66% B 13% 12% 13% C 2% 3% 4% D 1% 1% Fail 1% 1% No Grade 27% 18% 15% Average Grade 3.8 3.7 3.7 Letter Grade A- A- A- Judicial Performance Survey 2002 Judicial District 2 Page 6 ## Page 9 Judge Robert S. Hyatt Attorney Survey 2d. How would you grade Judge Hyatt on treating parties equally regardless of social/economic status? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 60% 64% 65% B 20% 12% 13% C 3% 5% 5% D 1% 2% 2% Fail 2% 2% 2% No Grade 13% 15% 13% Average Grade 3.6 3.6 3.6 Letter Grade B+ B+ B+ Judicial Performance Survey 2002 Judicial District 2 Page 7 ## Page 10 Judge Robert S. Hyatt Attorney Survey 2e. How would you grade Judge Hyatt on being fair and impartial toward both sides? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 68% 61% 60% B 17% 17% 17% C 8% 8% 8% D 1% 4% 5% Fail 3% 4% 4% No Grade 3% 6% 5% Average Grade 3.5 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2002 Judicial District 2 Page 8 ## Page 11 Judge Robert S. Hyatt Attorney Survey 2f. How would you grade Judge Hyatt on treating pro se parties fairly? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 47% 47% 51% B 11% 10% 11% C 2% 3% 4% D 1% 1% Fail 1% 1% No Grade 40% 38% 31% Average Grade 3.8 3.6 3.6 Letter Grade A- B+ B+ Judicial Performance Survey 2002 Judicial District 2 Page 9 ## Page 12 Judge Robert S. Hyatt Attorney Survey 2g. How would you grade Judge Hyatt on not engaging in ex parte communications? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 66% 61% 59% B 9% 10% 12% C 4% 4% 4% D 1% 1% Fail 2% 2% No Grade 22% 23% 21% Average Grade 3.8 3.7 3.6 Letter Grade A- A- B+ Judicial Performance Survey 2002 Judicial District 2 Page 10 ## Page 13 Judge Robert S. Hyatt Attorney Survey 3a. How would you grade Judge Hyatt on providing written communications that are clear, thorough, and well reasoned? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 49% 42% 37% B 18% 23% 23% C 4% 9% 9% D 2% 2% Fail 2% 3% 2% No Grade 26% 21% 27% Average Grade 3.5 3.3 3.2 Letter Grade B+ B B Judicial Performance Survey 2002 Judicial District 2 Page 11 ## Page 14 Judge Robert S. Hyatt Attorney Survey 3b. How would you grade Judge Hyatt on communicating verbally in a clear, thorough, and well reasoned manner? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 69% 55% 54% B 18% 27% 28% C 8% 9% 9% D 1% 3% 4% Fail 2% 2% 2% No Grade 2% 3% 3% Average Grade 3.5 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2002 Judicial District 2 Page 12 ## Page 15 Judge Robert S. Hyatt Attorney Survey 3c. How would you grade Judge Hyatt on explaining court procedures clearly and thoroughly? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 60% 54% 54% B 20% 25% 26% C 5% 9% 9% D 2% 3% 3% Fail 3% 2% 2% No Grade 9% 8% 7% Average Grade 3.4 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2002 Judicial District 2 Page 13 ## Page 16 Judge Robert S. Hyatt Attorney Survey 4a. How would you grade Judge Hyatt on maintaining a professional demeanor in the courtroom? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 71% 64% 64% B 22% 20% 21% C 3% 6% 7% D 1% 3% 4% Fail 2% 3% 3% No Grade 1% 3% 3% Average Grade 3.6 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2002 Judicial District 2 Page 14 ## Page 17 Judge Robert S. Hyatt Attorney Survey 4b. How would you grade Judge Hyatt on listening patiently to all testimony and arguments before issuing a ruling? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 57% 57% 57% B 20% 22% 22% C 9% 8% 8% D 4% 4% 5% Fail 2% 4% 4% No Grade 8% 5% 4% Average Grade 3.4 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2002 Judicial District 2 Page 15 ## Page 18 Judge Robert S. Hyatt Attorney Survey 5a. How would you grade Judge Hyatt on managing cases and docket efficiently and with minimal delay? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 60% 45% 46% B 29% 27% 27% C 4% 11% 11% D 4% 4% Fail 4% 4% No Grade 6% 9% 8% Average Grade 3.6 3.2 3.2 Letter Grade B+ B B Judicial Performance Survey 2002 Judicial District 2 Page 16 ## Page 19 Judge Robert S. Hyatt Attorney Survey 5b. How would you grade Judge Hyatt on being punctual in commencing proceedings? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 67% 55% 54% B 25% 28% 28% C 5% 8% 9% D 1% 2% 2% Fail 2% 2% No Grade 2% 4% 4% Average Grade 3.6 3.4 3.3 Letter Grade B+ B+ B Judicial Performance Survey 2002 Judicial District 2 Page 17 ## Page 20 Judge Robert S. Hyatt Attorney Survey 5c. How would you grade Judge Hyatt on using court time efficiently? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 68% 54% 54% B 24% 26% 25% C 2% 10% 10% D 3% 3% Fail 2% 3% 3% No Grade 4% 5% 5% Average Grade 3.6 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2002 Judicial District 2 Page 18 ## Page 21 Judge Robert S. Hyatt Attorney Survey 5d. How would you grade Judge Hyatt on being prepared for all court matters? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 62% 59% 58% B 25% 22% 23% C 3% 7% 7% D 2% 3% Fail 2% 2% 2% No Grade 8% 7% 7% Average Grade 3.6 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2002 Judicial District 2 Page 19 ## Page 22 Judge Robert S. Hyatt Attorney Survey 5e. How would you grade Judge Hyatt on being willing to handle cases on the docket even when they are complicated and time Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 55% 49% 49% B 19% 18% 18% C 4% 7% 7% D 2% 3% Fail 2% 3% 3% No Grade 19% 21% 21% Average Grade 3.5 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2002 Judicial District 2 Page 20 ## Page 23 Judge Robert S. Hyatt Attorney Survey 5f. How would you grade Judge Hyatt on providing quick access to the court in emergency matters? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 35% 32% 33% B 10% 13% 13% C 2% 5% 5% D 1% 2% 2% Fail 2% 2% No Grade 52% 46% 45% Average Grade 3.6 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2002 Judicial District 2 Page 21 ## Page 24 Judge Robert S. Hyatt Attorney Survey 6a. How would you grade Judge Hyatt on having knowledge of the rules of evidence and procedure? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 69% 57% 53% B 17% 24% 25% C 4% 8% 9% D 2% 3% Fail 2% 2% No Grade 10% 7% 7% Average Grade 3.7 3.4 3.3 Letter Grade A- B+ B Judicial Performance Survey 2002 Judicial District 2 Page 22 ## Page 25 Judge Robert S. Hyatt Attorney Survey 6b. How would you grade Judge Hyatt on ruling on motions in a timely matter? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 52% 49% 49% B 23% 25% 25% C 4% 8% 8% D 1% 3% 3% Fail 3% 3% No Grade 20% 11% 13% Average Grade 3.6 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2002 Judicial District 2 Page 23 ## Page 26 Judge Robert S. Hyatt Attorney Survey 6c. How would you grade Judge Hyatt on making the correct decision based upon the law and the facts? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 59% 45% 44% B 25% 29% 29% C 6% 11% 12% D 2% 5% 5% Fail 2% 4% 4% No Grade 5% 6% 6% Average Grade 3.4 3.1 3.1 Letter Grade B+ B B Judicial Performance Survey 2002 Judicial District 2 Page 24 ## Page 27 Judge Robert S. Hyatt Attorney Survey 6d. How would you grade Judge Hyatt on making decisions without regard to possible criticism? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 51% 51% 50% B 20% 20% 20% C 4% 8% 8% D 3% 3% Fail 2% 3% 3% No Grade 23% 16% 15% Average Grade 3.5 3.4 3.3 Letter Grade B+ B+ B Judicial Performance Survey 2002 Judicial District 2 Page 25 ## Page 28 Judge Robert S. Hyatt Attorney Survey 7. Do you recommend that Judge Hyatt be retained in office or not be retained in office? Judge All District All Trial Hyatt Judges 2002 Judges 2002 Retain in office 89% 85% 84% Do not retain in office 3% 10% 11% No opinion 8% 5% 5% Judicial Performance Survey 2002 Judicial District 2 Page 26 ## Page 29 Judge Robert S. Hyatt Non-Attorney Survey 1a. How would you grade Judge Hyatt on being courteous toward everyone in the courtroom? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 63% 68% 67% B 15% 19% 19% C 6% 5% 6% D 1% 2% 2% Fail 6% 2% 2% No Grade 8% 4% 4% Average Grade 3.4 3.6 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2002 Judicial District 2 Page 1 ## Page 30 Judge Robert S. Hyatt Non-Attorney Survey 1b. How would you grade Judge Hyatt on being courteous toward persons representing themselves? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 49% 44% 47% B 11% 14% 15% C 4% 4% 5% D 1% 1% 2% Fail 4% 2% 2% No Grade 30% 35% 30% Average Grade 3.4 3.5 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2002 Judicial District 2 Page 2 ## Page 31 Judge Robert S. Hyatt Non-Attorney Survey 2a. How would you grade Judge Hyatt on treating parties equally regardless of race? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 52% 68% 65% B 21% 14% 14% C 3% 3% 4% D 1% 1% 1% Fail 3% 1% 2% No Grade 20% 13% 14% Average Grade 3.5 3.7 3.6 Letter Grade B+ A- B+ Judicial Performance Survey 2002 Judicial District 2 Page 3 ## Page 32 Judge Robert S. Hyatt Non-Attorney Survey 2b. How would you grade Judge Hyatt on treating parties equally regardless of gender? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 59% 70% 67% B 17% 15% 16% C 7% 4% 5% D 4% 1% 2% Fail 4% 2% 2% No Grade 8% 8% 9% Average Grade 3.3 3.6 3.6 Letter Grade B B+ B+ Judicial Performance Survey 2002 Judicial District 2 Page 4 ## Page 33 Judge Robert S. Hyatt Non-Attorney Survey 2c. How would you grade Judge Hyatt on treating parties equally regardless of age? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 62% 70% 67% B 21% 15% 16% C 4% 4% 5% D 1% 1% Fail 3% 1% 2% No Grade 10% 9% 10% Average Grade 3.5 3.7 3.6 Letter Grade B+ A- B+ Judicial Performance Survey 2002 Judicial District 2 Page 5 ## Page 34 Judge Robert S. Hyatt Non-Attorney Survey 2d. How would you grade Judge Hyatt on treating parties equally regardless of social/economic status? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 56% 69% 66% B 20% 15% 15% C 4% 4% 5% D 1% 2% 2% Fail 6% 2% 3% No Grade 13% 9% 9% Average Grade 3.4 3.6 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2002 Judicial District 2 Page 6 ## Page 35 Judge Robert S. Hyatt Non-Attorney Survey 2e. How would you grade Judge Hyatt on being fair and impartial toward both sides? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 61% 68% 65% B 14% 15% 16% C 6% 5% 5% D 4% 2% 2% Fail 8% 4% 4% No Grade 7% 6% 7% Average Grade 3.2 3.5 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2002 Judicial District 2 Page 7 ## Page 36 Judge Robert S. Hyatt Non-Attorney Survey 2f. How would you grade Judge Hyatt on treating parties without attorneys fairly? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 42% 40% 43% B 13% 11% 12% C 4% 3% 4% D 3% 1% 2% Fail 4% 2% 3% No Grade 34% 44% 37% Average Grade 3.3 3.5 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2002 Judicial District 2 Page 8 ## Page 37 Judge Robert S. Hyatt Non-Attorney Survey 2g. How would you grade Judge Hyatt on giving each side enough time to present his or her case? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 52% 66% 63% B 14% 16% 16% C 4% 5% 5% D 2% 2% Fail 6% 2% 3% No Grade 24% 9% 11% Average Grade 3.4 3.6 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2002 Judicial District 2 Page 9 ## Page 38 Judge Robert S. Hyatt Non-Attorney Survey 3a. How would you grade Judge Hyatt on speaking in a way that is clearly understood? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 65% 72% 70% B 17% 18% 19% C 7% 5% 6% D 1% 1% 2% Fail 4% 1% 1% No Grade 6% 2% 2% Average Grade 3.4 3.6 3.6 Letter Grade B+ B+ B+ Judicial Performance Survey 2002 Judicial District 2 Page 10 ## Page 39 Judge Robert S. Hyatt Non-Attorney Survey 3b. How would you grade Judge Hyatt on explaining court procedures clearly and thoroughly? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 63% 71% 69% B 20% 18% 18% C 6% 5% 6% D 1% 1% 2% Fail 4% 1% 2% No Grade 6% 4% 4% Average Grade 3.4 3.6 3.6 Letter Grade B+ B+ B+ Judicial Performance Survey 2002 Judicial District 2 Page 11 ## Page 40 Judge Robert S. Hyatt Non-Attorney Survey 4a. How would you grade Judge Hyatt on maintaining a professional demeanor in the courtroom? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 72% 74% 72% B 10% 15% 16% C 10% 5% 5% D 2% 2% Fail 4% 1% 2% No Grade 4% 3% 3% Average Grade 3.5 3.6 3.6 Letter Grade B+ B+ B+ Judicial Performance Survey 2002 Judicial District 2 Page 12 ## Page 41 Judge Robert S. Hyatt Non-Attorney Survey 4b. How would you grade Judge Hyatt on listening patiently to all testimony and arguments before issuing a ruling? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 61% 68% 66% B 15% 16% 17% C 8% 5% 5% D 1% 2% 2% Fail 7% 3% 3% No Grade 7% 6% 6% Average Grade 3.3 3.5 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2002 Judicial District 2 Page 13 ## Page 42 Judge Robert S. Hyatt Non-Attorney Survey 5a. How would you grade Judge Hyatt on managing cases efficiently and with minimal delay? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 65% 57% 56% B 14% 21% 22% C 8% 8% 8% D 1% 3% 3% Fail 3% 2% 2% No Grade 8% 9% 9% Average Grade 3.5 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2002 Judicial District 2 Page 14 ## Page 43 Judge Robert S. Hyatt Non-Attorney Survey 5b. How would you grade Judge Hyatt on starting court on time? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 62% 59% 57% B 17% 22% 23% C 10% 8% 9% D 3% 3% 3% Fail 1% 2% 2% No Grade 7% 6% 6% Average Grade 3.5 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2002 Judicial District 2 Page 15 ## Page 44 Judge Robert S. Hyatt Non-Attorney Survey 5c. How would you grade Judge Hyatt on being prepared for cases? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 59% 66% 64% B 21% 17% 18% C 4% 5% 6% D 1% 2% Fail 4% 2% 2% No Grade 11% 9% 9% Average Grade 3.5 3.6 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2002 Judicial District 2 Page 16 ## Page 45 Judge Robert S. Hyatt Non-Attorney Survey 6a. How would you grade Judge Hyatt on considering all information presented when making a decision? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 64% 63% 62% B 8% 15% 16% C 5% 5% 5% D 3% 2% 2% Fail 6% 3% 4% No Grade 14% 11% 11% Average Grade 3.4 3.5 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2002 Judicial District 2 Page 17 ## Page 46 Judge Robert S. Hyatt Non-Attorney Survey 6b. How would you grade Judge Hyatt on having knowledge of the rules of evidence, procedure and the law? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 62% 69% 67% B 11% 14% 16% C 6% 4% 5% D 1% 2% Fail 6% 2% 2% No Grade 15% 10% 10% Average Grade 3.5 3.6 3.6 Letter Grade B+ B+ B+ Judicial Performance Survey 2002 Judicial District 2 Page 18 ## Page 47 Judge Robert S. Hyatt Non-Attorney Survey 6c. How would you grade Judge Hyatt on deciding important matters in a timely way? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 64% 64% 62% B 13% 17% 18% C 3% 5% 6% D 2% 2% 2% Fail 6% 2% 2% No Grade 13% 10% 10% Average Grade 3.4 3.5 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2002 Judicial District 2 Page 19 ## Page 48 Judge Robert S. Hyatt Non-Attorney Survey 6d. How would you grade Judge Hyatt on making decisions without regard to public criticism? Judge All District All Trial Hyatt Judges 2002 Judges 2002 A 54% 57% 55% B 8% 13% 14% C 3% 4% 5% D 1% 2% 2% Fail 7% 2% 3% No Grade 27% 22% 22% Average Grade 3.4 3.5 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2002 Judicial District 2 Page 20 ## Page 49 Judge Robert S. Hyatt Non-Attorney Survey 7. Do you recommend that Judge Hyatt be retained in office or not be retained in office? Judge All District All Trial Hyatt Judges 2002 Judges 2002 Retain in office 79% 85% 83% Do not retain in office 7% 7% 8% No opinion 14% 8% 9% Judicial Performance Survey 2002 Judicial District 2 Page 21 ## Page 50 MMeetthhooddoollooggyy Sample: The Colorado Judicial Department provided Talmey-Drake Research & Strategy, Inc. with a list of cases heard and closed during the two years prior to the summer of 2001 by the 115 justices and judges standing for retention in November 2002. From this list of cases, Talmey-Drake Research drew a sample of the 250 cases most recently closed for each judge or justice. In some instances where there were an insufficient number of cases (or participants in cases), the time period during which cases could be drawn was lengthened. For each case selected a list of people associated with the case who had likely appeared in the judge’s courtroom were drawn from the Judicial Department’s database, ICON, and the Colorado District Attorney’s database (Blackstone system). The cases and the associated case participants were divided up among the 22 judicial districts and put on CD ROM. These CD’s were distributed to the judicial districts, and district personnel added the names of people who were associated with a case, but whose names and addresses had not been captured electronically. The data from the judicial districts were then returned to Talmey-Drake Research where the data was combined and cleaned. Included in the data cleaning was the identification of potential respondents in the sample who had appeared in more than two judges’ courtrooms. Due to concerns about respondent fatigue, no more than two questionnaires were intended to be sent to any one respondent—though there were a few instances where one respondent did receive more than two questionnaires. Where a person had been in more than two judges’ courtrooms, the selection criteria for which judges he or she would be sent questionnaires was: first, for the judge in whose courtroom the potential respondent had been in most often, and two, the judge with the smallest sample of the judges in whose courtroom the potential respondent had been in. Added to this database were a database of jurors and one of court employees. Survey: In November 2002, each person in the database was mailed a postcard saying they would receive a questionnaire concerning judicial performance and that it was important for them to fill it out and return it. Shortly thereafter, they were sent an initial questionnaire and an introductory letter with a postage- paid return envelope. Those who did not respond to the first questionnaire were then sent a sent a second questionnaire and letter. Non-respondents to the second survey were sent a reminder postcard. At this point, non- responders who had been sent questionnaires about judges who had not yet achieved a target cooperation rate of 40% were sent a third letter and questionnaire—and a follow up postcard. During this process, the sample was augmented for judges with a particularly low number of completed questionnaires. 1 ## Page 51 Questionnaire:The questionnaire used in the 2002 Judicial Performance Survey is identical to the questionnaire used for the 2000 survey. Respondents were asked to use a grade of A, B, C, D, or F (Fail) to assess the justice’s or judge’s performance in the areas of Courtesy, Impartiality, Communication, Judicial Temperament, Diligence and Application of the Law. These scores were then converted to a numerical value where A = 4, B = 3, C = 2, D = 1 and Fail = 0. Response: The response rate is calculated as the number of completed questionnaires divided by the number of eligible respondents who actually received a questionnaire. The following table shows the total number of questionnaires mailed, completed, non-responses & refusals, undeliverables and other responses. The table presents the overall response rate as well as the response rate by the different types of respondents. Refused/ Nonre- Unde- Response Attorney Respondents Total Sent Completed sponse livered Other Rate District Attorney 852 511 227 42 72 69.2% Attorney For Defendant 3,277 1,921 809 223 324 70.4% Attorney for Plaintiff 1,711 1,001 428 92 190 70.0% Guardian ad Litem 85 47 22 9 7 68.1% Unknown Attorney Type 460 206 112 102 40 64.8% Attorney Total 6,385 3,686 1,598 468 633 69.8% Refused/ Nonre- Unde- Response Non-Attny Respondents Total Sent Completed sponse livered Other Rate Law Enforcement 6,918 2,517 2,648 577 1,176 48.7% Social Services Casewrkr 117 61 36 15 5 62.9% Employee 1,946 1,142 526 105 173 68.5% Defendant 15,701 2,467 7,511 5,109 614 24.7% Plaintiff 3,276 943 1,538 553 242 38.0% Juror 12,910 6,565 4,443 776 1,126 59.6% Victim 3,158 414 1,601 788 355 20.5% Other 4,611 816 2,288 951 556 26.3% Non-attorney Total 48,637 14,925 20,591 8,874 4,247 42.0% Total 55,022 18,611 22,189 9,342 4,880 45.6% A similar table showing the response count and cooperation rate for your survey is provided at the end of this methodology section. 2 ## Page 52 Results: The results of the Survey are in two main sections: Results and Comments. Within each main section are two subsections, one for each general type of respondent, attorney or non-attorney. Results: This section shows the percentage distribution of grades you received on each of the substantive questions plus the retain/do not retain question. An average grade point for each graded question is computed and shown in the results section. A letter grade is also assigned to each grade point according to the following scale. A = 4.00 B = 3.00 to 3.33 C = 2.00 to 2.33 D = 1.00 to 1.33 A— = 3.68 to 3.99 B— = 2.67 to 2.99 C— = 1.67 to 1.99 D— = 0.67 to 0.99 B+ = 3.34 to 3.66 C+ = 2.34 to 2.66 D+ = 1.34 to 1.66 Fail = 0.00 to 0.67 This section also includes two comparative columns of results: one comparative column shows the results for that question for all county or district judges (as appropriate) surveyed in 2002, along with a second comparative column showing the results for all trial judges in the 2002 survey. Comments: Each respondent was encouraged to comment on the judge’s performance in the six areas of Courtesy, Impartiality, Communication, Judicial temperament, Diligence, Application of the law as well as the judge’s Overall performance. This section contains these comments—again divided between results from attorneys and non-attorneys. Sampling All sample surveys are subject to what is known as sampling error—the Error: extent to which the results of the sample survey may differ from what would be obtained if the entire population being surveyed had been interviewed. The size of the sampling error is almost entirely due to the number of people interviewed for the survey and the variance of responses. The table below shows the extent of sampling error (95%-confidence interval) for various sizes of random samples and sample percentage results. Sample Size 25 50 100 150 200 300 Percentages near 10% or 90% ± 11.8% ± 8.3% ± 5.9% ± 4.8% ± 4.2% ± 3.4% Percentages near 20% or 80% ± 15.7% ± 11.1% ± 7.8% ± 6.4% ± 5.5% ± 4.5% Percentages near 30% or 70% ± 18.0% ± 12.7% ± 9.0% ± 7.3% ± 6.4% ± 5.2% Percentages near 40% or 60% ± 19.2% ± 13.6% ± 9.6% ± 7.8% ± 6.8% ± 5.5% Percentages near 50% ± 19.6% ± 13.9% ± 9.8% ± 8.0% ± 6.9% ± 5.7% For example, suppose a reported percentage is 80% in a sample size of 150, then one could expect that 95% of the time that a random sample of the same size and collected the same way would include the true population percentage within the range of 80% plus or minus 6.4%. Averages such as grade points also have a 95% confidence interval, however it is not so easily displayed in a table as confidence intervals about a percentage. Suffice it to say that the confidence interval about a score generally increases with smaller sample size. 3 ## Page 53 Judge Robert S. Hyatt Survey Disposition Report Total Refusals & Undeliv- Other Response Sent Completes Nonresponse erables Response Rate District Attorney 11 6 3 1 1 66.7% Attorney For Defendant 72 42 15 8 7 73.7% Attorney for Plaintiff 73 44 23 2 4 65.7% Guardian ad Litem Unknown Attorney Type Sub Total: 156 92 41 11 12 69.2% Law Enforcement 27 4 13 5 5 23.5% Social Services Caseworker Employee 6 5 1 83.3% Defendant 149 17 79 47 6 17.7% Plaintiff 143 31 80 27 5 27.9% Juror 25 10 9 2 4 52.6% Victim 1 1 Other 21 4 9 1 7 30.8% Sub Total: 372 71 192 82 27 27.0% Total: 528 163 233 93 39 41.2% 1. 'Other Response' predominately includes people who sent back a survey saying they did not appear in the courtroom, and people who are deceased, or otherwise incapable of responding, and people who could not recall the experience. 2. The Response Rate is calculated using the following formula: Completes (Total Sent - Undeliverables - Other Responses) Judicial Performance Survey 2002 Judicial District 2
Score cards render where the PDF extractor found numeric fields (partial is shown with “—” for missing tiles). “Read full survey text” surfaces the complete report transcription for every survey on file. Source PDFs on OJPE are always linked above for fidelity. Coverage note on Sources.
Sources
- 2008 evaluation on OJPE · scraped Apr 17, 2026
- 2002 evaluation on OJPE · scraped Apr 17, 2026
- 1996 evaluation on OJPE · scraped Apr 17, 2026
- 1990 evaluation on OJPE · scraped Apr 17, 2026