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Julie G. Marshall

Trial Court · Chaffee · Chaffee

Meets Standards(Retain)3 cycles on record

Evaluation history

  • 2006 retention cycle
    Trial Court · Chaffee · Chaffee
    Meets Standards(Retain)
    VotersRetained· 62.9% yes
    15,980 yes · 9,445 no50% needed to retain
    Reports: 2006 Retention Survey Report (PDF) Need an accessible PDF Document version? Please click on the link below and email our staff Contact Us The Eleventh Judicial District Commission on Judicial Performance recommends that Judge Julie G. Marshall BE RETAINED. The motion to recommend retention was adopted by a 5 to 2 vote, with 1 abstention. Judge Marshall was appointed to the District Court bench in 1992. Judge Marshall currently hears civil, criminal (felony and misdemeanor), domestic relations, dependency and neglect, and juvenile cases. The Commission bases its findings upon information supplied through questionnaires, public hearings and a personal interview with Judge Marshall. As part of the review process, questionnaires were sent to attorneys, court/probation employees, litigants, crime victims, jurors, law enforcement personnel and social services personnel. The responses indicate Judge Marshall knows the law and provides written communications that are clear, thorough and well reasoned. She has clear expectations that attorneys appearing before her should be prepared. On a scale of 0 to 4.0, with 4.0 being the highest rating, Judge Marshall received an average score of 3.0 for all judicial qualities rated. The Commission has concerns over Judge Marshall’s administrative and oral communication abilities. Judge Marshall makes efforts to address issues called to her attention. However, it appears that Judge Marshall may minimize or fail to recognize the extent to which she may have control over correcting these issues. The Commission recognizes that Judge Marshall is managing a heavy caseload which may affect her ability to address problem areas. Judge Marshall is active in community and judicial affairs as evidenced by her involvement in establishing seminars for divorcing parents with child custody issues, instituting a drug court for those with substance abuse problems and co-founding and volunteering with the Teen Court program.
  • 2000 retention cycle
    Trial Court · Chaffee · Chaffee
    Meets Standards(Do Not Retain)
    VotersRetained· 72.6% yes
    19,389 yes · 7,333 no50% needed to retain
    Retention Year: 2000 Recommendation: Retain The Eleventh Judicial District Commission on Judicial Performance recommends that Judge Julie G. Marshall BE RETAINED. Judge Marshall was appointed to the District Court bench in 1992. Judge Marshall currently hears civil, criminal (felony and misdemeanor), domestic relations, juvenile and traffic cases. Questionnaires for evaluation of Judge Marshall were sent to attorneys who have practiced in her court, court/probation employees, litigants and crime victims who have appeared in front of her, jurors who have served as jurors in her court, law enforcement personnel who have appeared in her court and social services personnel. The responses to the questionnaires rated Judge Marshall highly overall. Those persons who responded to the questionnaires made the following recommendations concerning retention of Judge Marshall: Attorneys (26 responses) Retain - 81%, No Opinion - 0%, Do Not Retain - 19%; Court/Probation (22 responses) Retain - 86%, No Opinion - 0%, Do Not Retain - 14%; Litigants (21 responses) Retain - 52%, No Opinion - 5% Do Not Retain - 43%; Jurors (8 responses) Retain - 100%, No Opinion - 0%, Do Not Retain - 0%; Law Enforcement (8 responses) Retain - 86%, No Opinion - 7%, Do Not Retain - 7%; Crime Victims (14 responses) Retain - 29%, No Opinion - 14%, Do Not Retain - 57%; Social Services (1 response) Retain - 100%, No Opinion - 0%, Do Not Retain: 0%. Based upon information supplied to the commission through the questionnaires and a personal interview with Judge Marshall, the commission feels that Judge Marshall is conscientious, efficient, and knowledgeable in the law. In the surveys, litigants and crime victims indicated a perception of unfairness or partiality on the part of Judge Marshall. However, it was disappointing to both Judge Marshall and the commission that the litigants and crime victims gave no constructive comments which could be used by Judge Marshall or the commission to provide guidance for improvement. Furthermore, all other categories of persons returning the survey rated Judge Marshall favorably in the areas of fairness and impartiality. Any problem with Judge Marshall projecting her voice more clearly in the courtroom seems to have been eliminated by the microphone system in the new courthouse. Out of approximately 900 civil cases filed in Judge Marshall's court from fiscal year 1996 to present, only two were presented at the public hearings. The commission investigated both cases. Judge Marshall's decisions in both cases were affirmed by the Colorado Court of Appeals which stated that her opinions were supported by the evidence. In one of the cases, Judge Marshall had analyzed the equities in the case in a lengthy written opinion. Judge Marshall has demonstrated a high level of self-awareness about difficulties and challenges in her courtroom and makes efforts to correct problems called to her attention. Judge Marshall is committed to performing at a high level as a judge and the commission believes that she has succeeded in that effort.
  • 1994 retention cycle
    Trial Court · Chaffee · Chaffee
    Meets Standards(Retain)
    VotersRetained· 67.9% yes
    13,161 yes · 6,232 no50% needed to retain
    Retention Year: 1994 Recommendation: Retain Judge Marshall was admitted to the Colorado Bar in 1975. She was a deputy district attorney in Pueblo, Colorado for five years, after which she maintained a private practice in Canon City, Colorado until her appointment on the bench. She served as the Canon City Municipal Judge from December, 1981 to May 1992. Judge Marshal’s court deals with felony criminal cases, civil disputes, family law, and other matters over which the district court has jurisdiction. Shortly after her appointment to the district court bench, Judge Marshall began a project to require a seminar for divorcing parents. The program has been adopted in the Eleventh Judicial District and appears to be successful and helpful to parents and children in divorce situations. Judge Marshall received high ratings on surveys sent to courthouse and law enforcement personnel, jurors and attorneys who have had contact with Judge Marshall in her capacity as district court judge. The survey results indicate she is viewed as being fair, patient, and possesses good understanding of the law, evidence, and procedure. The Commission found Judge Marshall to be honest, sincere, courteous, and conscientious. She strives for improvement in all areas, is open to suggestions as well as criticisms, and focuses her attention on doing the best possible job as district court judge. The Eleventh Judicial District Commission on Judicial Performance recommends that Judge Julie G. Marshall BE RETAINED.

Surveys & reports

  • 2006 cycle
    • 2006 Retention Survey Report(PDF on OJPE)
      Read full retention survey textexpand
      ## Page 1 State of Colorado Logo COMMISSION ON JUDICIAL PERFORMANCE TThhee HHoonnoorraabbllee JJuulliiee GG.. MMaarrsshhaallll 2006 Judicial Performance Survey 11th Judicial District ## Page 2 April 26, 2006 The Honorable Julie G. Marshall 136 Justice Center Road, Room 103 Canon City, CO 81212 Dear Judge Marshall: Every two years the Colorado Judicial Performance Commission conducts a survey of people who have been in the courtroom of judges who face a retention vote in the next general election. The 2006 survey was conducted by Talmey-Drake Research & Strategy, Inc., who attempted to contact over 75,000 people who had been in these courtrooms in one capacity or another. Over 21,000 people responded—4,600 to the attorney survey and 17,000 to the non-attorney survey. This report contains the results of those who were in your courtroom and who responded to the survey. In addition to this introduction, the report is divided into four main sections: · Attorney Results & Comments: This section contains graphs displaying the average grade you received overall (the combined average from questions 1a through 5e), each section and each question. Following the graphs, are a series of tables showing the percentage distribution of responses to each question. Attorney respondents were also asked to comment about your performance. These comments have been transcribed, and in some instances redacted to eliminate respondent identifying information. A copy of the attorney questionnaire is at the back of this report. · Non-attorney Results & Comments: Similar to the Attorney section, this portion of the report contains graphs (again including the overall average of questions 1a through 5c on the non-attorney questionnaire), the percentage distribution of responses by non-attorneys to each substantive question in the survey. The non-attorney respondents were also asked to comment about your performance. Again, these comments have been transcribed, and in some instances redacted to eliminate respondent identifying information. A copy of the non-attorney questionnaire is also at the back of this report. · Methodology: The third section of the report discusses the methodology of the survey. · Questionnaires: And the final section provides copies of the questionnaires that were used. 100 Arap ahoe, Suite One, Boulder, CO 80302 Phone 303.443.5300 Fax 303.447.9386 ## Page 3 April, 26 2006 The Honorable Julie G. Marshall Page 2 If you have any questions about the methodology and how the survey was conducted, please feel free to contact me at 303-443-5300, and for any other questions you might have about the survey please call the Director of the Colorado Judicial Performance Program, Jane Howell, at 303-837-3665. Best regards, Paul A. Talmey President enc: ## Page 4 AAttttoorrnneeyy SSuurrvveeyy ## Page 5 Julie G. Marshall Attorney Survey Average Grades: Overall and by Section 3.0 Overall Average 3.4 3.4 3.0 Q1. Overall Case 3.4 Management 3.4 3.0 Q2. Overall App & 3.4 Knowldge of Law 3.3 3.1 Q3. Overall 3.6 Communications 3.6 3.0 Q4. Overall Demeanor 3.5 3.5 3.1 Q5. Overall Diligence 3.4 3.4 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Julie G. Marshall District Judges All Trial Judges Judicial Performance Survey 2006 Page 1 ## Page 6 Julie G. Marshall Attorney Survey Average Grades: Case Management 3.0 Q1. Overall Case Management 3.4 3.4 3.3 1a. Promptly making rulings 3.6 during trial 3.6 3.0 1b. Beginning court on time 3.5 3.4 2.9 1c. Allotting appropriate 3.3 amount of time for cases 3.3 2.8 1d. Keeping cases moving 3.3 according to schedule 3.3 2.2 1e. [Civil only] Assisting 3.1 parties to reach agreement 3.2 3.3 1f. Maintaining appropriate 3.5 control over proceedings 3.5 2.9 1g. Promptly ruling on pre-trial 3.3 motions 3.3 3.1 1h. Promptly issuing a 3.4 decision on the case after trial 3.5 3.0 1i. Setting reasonable 3.3 schedules for cases 3.3 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Julie G. Marshall District Judges All Trial Judges Judicial Performance Survey 2006 Page 2 ## Page 7 Julie G. Marshall Attorney Survey Average Grades: Application and Knowledge of Law 3.0 Q2. Overall App & Knowldge of 3.4 Law 3.3 2.9 2a. Basing decisions on 3.3 evidence and arguments 3.3 3.0 2b. Giving reasons for rulings 3.4 3.4 2.6 2c. [Civil only] Issuing written 3.3 findings of fact and law 3.2 2.5 2d. Willing to reconsider error 3.0 in fact or law 3.0 3.2 2e. Having knowledge of 3.3 relevant substantive law 3.3 3.3 2f. Having knowledge of rules 3.5 of procedure and evidence 3.4 3.0 2g. Being able to identify and 3.4 analyze relevant facts 3.4 2h. [Criminal only] Issuing 2.7 consistent sentences when 3.3 the circumstances are similar 3.3 2i. Willing to make decision 2.9 without regard to possible 3.4 criticism 3.4 3.2 2j. Making decisions without 3.5 fear of being appealed 3.4 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Julie G. Marshall Average Grade District Judges All Trial Judges Judicial Performance Survey 2006 Page 3 ## Page 8 Julie G. Marshall Attorney Survey Average Grades: Communications 3.1 Q3. Overall Communications 3.6 3.6 3.0 3a. Speaking clearly 3.7 3.6 3.0 3b. Making sure all participants understand the 3.6 proceedings 3.6 3.2 3c. Using understandable 3.7 language 3.7 3.3 3d. Providing written communications that are 3.4 clear, thorough and well reasoned 3.4 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Julie G. Marshall District Judges Average Grade All Trial Judges Judicial Performance Survey 2006 Page 4 ## Page 9 Julie G. Marshall Attorney Survey Average Grades: Demeanor 3.0 Q4. Overall Demeanor 3.5 3.5 3.2 4a. Giving proceedings a 3.6 sense of dignity 3.6 3.0 4b. Treating everyone 3.5 involved politely 3.5 2.9 4c. Having empathy with the 3.3 parties involved 3.3 3.0 4d. Treating participants with 3.5 respect 3.5 2.8 4e. Presenting a neutral 3.4 presence on the bench 3.4 2.8 4f. Being consistent in 3.5 [his/her] behavior 3.5 4g. Conducting [his/her] 2.9 courtroom in a neutral 3.4 manner 3.4 3.2 4h. Giving all participants an 3.6 opportunity to be heard 3.5 3.0 4i. Consistently applying laws 3.4 and rules 3.4 3.4 4j. Not engaging in ex parte 3.7 communications 3.6 3.1 4k. Treating pro se parties 3.6 fairly 3.6 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Julie G. Marshall District Judges Average Grade All Trial Judges Judicial Performance Survey 2006 Page 5 ## Page 10 Julie G. Marshall Attorney Survey Average Grades: Diligence 3.1 Q5. Overall Diligence 3.4 3.4 3.3 5a. Making tough decisions 3.4 when necessary 3.4 2.8 5b. Using good judgment in application of relevant law and 3.3 rules 3.3 3.2 5c. Doing the necessary 'homework' and being 3.4 prepared for [his/her] cases 3.4 3.0 5d. Being willing to handle cases on the docket even 3.5 when they are complicated and time consuming 3.5 2.9 5e. Providing prompt access to the court in emergency 3.5 matters 3.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Julie G. Marshall District Judges Average Grade All Trial Judges Judicial Performance Survey 2006 Page 6 ## Page 11 Julie G. Marshall Attorney Survey Q6. Average: How biased do you think Judge Marshall is toward the defense or prosecution? Julie G. 1.5 Marshall District Judges 0.8 All Trial Judges 0.8 5 4 3 2 1 0 1 2 3 4 5 ç Defense Prosecution è Judicial Performance Survey 2006 Page 7 ## Page 12 Julie G. Marshall Attorney Survey Q7. Average: How lenient or how harsh are Judge Marshall's sentences? Julie G. 1 Marshall District Judges 0.5 All Trial Judges 0.5 5 4 3 2 1 0 1 2 3 4 5 ç Lenient Harsh è Judicial Performance Survey 2006 Page 8 ## Page 13 Julie G. Marshall Attorney Survey Retention Recommendation 90% 80% 78% 77% 75% 74% 70% 64% 61% 60% 50% 40% 30% 23% 22% 20% 14% 13%13% 13% 9% 9% 10% 5%5% 5%5% 5% 4%4%4% 4%4%4% 4%4% 0% Str o n gl y n ot r et ai n m e w h at n ot r et ai n U n d e ci d e d S o m e w h at r et ai n Str o n gl y r et ai n Str o n gl y n ot r et ai n m e w h at n ot r et ai n S o m e w h at r et ai n Str o n gl y r et ai n o o S S Judge Marshall Including Undecided D i s t r ic t J u d g e s Excluding Undecided All Trial Judges Judicial Performance Survey 2006 Page 9 ## Page 14 Julie G. Marshall Attorney Survey 1a. How would you grade Judge Marshall on "Promptly making rulings during trial?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 50% 59% 56% B 38% 20% 21% C 8% 5% 5% D 4% 1% 1% Fail 1% 1% No Grade 14% 17% Average 3.3 3.6 3.6 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 1 ## Page 15 Julie G. Marshall Attorney Survey 1b. How would you grade Judge Marshall on "Beginning court on time?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 46% 61% 56% B 21% 26% 28% C 17% 7% 9% D 8% 2% 3% Fail 4% 1% 2% No Grade 4% 3% 2% Average 3.0 3.5 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 2 ## Page 16 Julie G. Marshall Attorney Survey 1c. How would you grade Judge Marshall on "Allotting appropriate amount of time for cases?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 46% 51% 51% B 21% 28% 29% C 13% 12% 11% D 4% 4% 3% Fail 13% 2% 2% No Grade 4% 4% 4% Average 2.9 3.3 3.3 Letter Grade B- B B Judicial Performance Survey 2006 Page 3 ## Page 17 Julie G. Marshall Attorney Survey 1d. How would you grade Judge Marshall on "Keeping cases moving according to schedule?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 33% 51% 53% B 33% 30% 31% C 17% 9% 9% D 3% 3% Fail 13% 2% 2% No Grade 4% 4% 3% Average 2.8 3.3 3.3 Letter Grade B- B B Judicial Performance Survey 2006 Page 4 ## Page 18 Julie G. Marshall Attorney Survey 1e. How would you grade Judge Marshall on "[Civil only] Assisting parties to reach agreement?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 19% 27% 27% B 10% 20% 18% C 14% 9% 7% D 14% 3% 2% Fail 10% 2% 1% No Grade 33% 40% 43% Average 2.2 3.1 3.2 Letter Grade C B B Judicial Performance Survey 2006 Page 5 ## Page 19 Julie G. Marshall Attorney Survey 1f. How would you grade Judge Marshall on "Maintaining appropriate control over proceedings?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 67% 65% 63% B 17% 23% 25% C 4% 7% 7% D 8% 3% 2% Fail 4% 1% 1% No Grade 2% 2% Average 3.3 3.5 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 6 ## Page 20 Julie G. Marshall Attorney Survey 1g. How would you grade Judge Marshall on "Promptly ruling on pre-trial motions?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 38% 46% 44% B 29% 26% 25% C 8% 10% 8% D 8% 3% 2% Fail 8% 2% 1% No Grade 8% 13% 19% Average 2.9 3.3 3.3 Letter Grade B- B B Judicial Performance Survey 2006 Page 7 ## Page 21 Julie G. Marshall Attorney Survey 1h. How would you grade Judge Marshall on "Promptly issuing a decision on the case after trial?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 50% 48% 48% B 21% 21% 21% C 13% 6% 5% D 8% 2% 2% Fail 4% 1% 1% No Grade 4% 21% 24% Average 3.1 3.4 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 8 ## Page 22 Julie G. Marshall Attorney Survey 1i. How would you grade Judge Marshall on "Setting reasonable schedules for cases?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 50% 49% 50% B 21% 30% 30% C 8% 11% 9% D 8% 4% 3% Fail 8% 2% 1% No Grade 4% 5% 6% Average 3.0 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2006 Page 9 ## Page 23 Julie G. Marshall Attorney Survey 2a. How would you grade Judge Marshall on "Basing decisions on evidence and arguments?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 54% 56% 53% B 13% 25% 27% C 17% 9% 9% D 4% 4% Fail 17% 2% 3% No Grade 3% 4% Average 2.9 3.3 3.3 Letter Grade B- B B Judicial Performance Survey 2006 Page 10 ## Page 24 Julie G. Marshall Attorney Survey 2b. How would you grade Judge Marshall on "Giving reasons for rulings?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 58% 60% 57% B 17% 24% 25% C 8% 8% 9% D 4% 3% 4% Fail 13% 1% 2% No Grade 3% 4% Average 3.0 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 11 ## Page 25 Julie G. Marshall Attorney Survey 2c. How would you grade Judge Marshall on "[Civil only] Issuing written findings of fact and law?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 45% 37% 28% B 9% 17% 15% C 5% 6% 6% D 9% 3% 2% Fail 18% 1% 2% No Grade 14% 35% 48% Average 2.6 3.3 3.2 Letter Grade C+ B B Judicial Performance Survey 2006 Page 12 ## Page 26 Julie G. Marshall Attorney Survey 2d. How would you grade Judge Marshall on "Willing to reconsider error in fact or law?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 29% 28% 29% B 13% 21% 20% C 17% 10% 9% D 8% 5% 4% Fail 13% 4% 4% No Grade 21% 33% 33% Average 2.5 3.0 3.0 Letter Grade C+ B B Judicial Performance Survey 2006 Page 13 ## Page 27 Julie G. Marshall Attorney Survey 2e. How would you grade Judge Marshall on "Having knowledge of relevant substantive law?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 54% 55% 52% B 21% 28% 30% C 13% 10% 9% D 13% 4% 4% Fail 2% 2% No Grade 2% 3% Average 3.2 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2006 Page 14 ## Page 28 Julie G. Marshall Attorney Survey 2f. How would you grade Judge Marshall on "Having knowledge of rules of procedure and evidence?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 63% 61% 58% B 17% 26% 27% C 13% 7% 8% D 8% 2% 3% Fail 1% 2% No Grade 2% 3% Average 3.3 3.5 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 15 ## Page 29 Julie G. Marshall Attorney Survey 2g. How would you grade Judge Marshall on "Being able to identify and analyze relevant facts?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 54% 61% 57% B 21% 23% 27% C 4% 8% 8% D 13% 4% 3% Fail 8% 2% 2% No Grade 3% 3% Average 3.0 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 16 ## Page 30 Julie G. Marshall Attorney Survey 2h. How would you grade Judge Marshall on "[Criminal only] Issuing consistent sentences when the circumstances are similar?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 17% 26% 33% B 9% 16% 20% C 6% 6% D 9% 2% 2% Fail 4% 1% 2% No Grade 61% 49% 37% Average 2.7 3.3 3.3 Letter Grade B- B B Judicial Performance Survey 2006 Page 17 ## Page 31 Julie G. Marshall Attorney Survey 2i. How would you grade Judge Marshall on "Willing to make decision without regard to possible criticism?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 50% 55% 53% B 13% 21% 22% C 8% 8% 8% D 13% 3% 3% Fail 8% 2% 2% No Grade 8% 12% 12% Average 2.9 3.4 3.4 Letter Grade B- B+ B+ Judicial Performance Survey 2006 Page 18 ## Page 32 Julie G. Marshall Attorney Survey 2j. How would you grade Judge Marshall on "Making decisions without fear of being appealed?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 54% 57% 54% B 17% 20% 22% C 4% 6% 7% D 8% 2% 2% Fail 4% 1% 2% No Grade 13% 13% 14% Average 3.2 3.5 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 19 ## Page 33 Julie G. Marshall Attorney Survey 3a. How would you grade Judge Marshall on "Speaking clearly?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 42% 75% 73% B 33% 19% 20% C 17% 4% 4% D 4% 1% 1% Fail 4% 1% No Grade 1% 1% Average 3.0 3.7 3.6 Letter Grade B A- B+ Judicial Performance Survey 2006 Page 20 ## Page 34 Julie G. Marshall Attorney Survey 3b. How would you grade Judge Marshall on "Making sure all participants understand the proceedings?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 50% 72% 71% B 25% 20% 20% C 4% 5% 5% D 17% 2% 2% Fail 4% 1% 1% No Grade 2% 1% Average 3.0 3.6 3.6 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 21 ## Page 35 Julie G. Marshall Attorney Survey 3c. How would you grade Judge Marshall on "Using understandable language?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 54% 75% 74% B 25% 20% 20% C 8% 3% 4% D 8% 1% 1% Fail 4% No Grade 1% 1% Average 3.2 3.7 3.7 Letter Grade B A- A- Judicial Performance Survey 2006 Page 22 ## Page 36 Julie G. Marshall Attorney Survey 3d. How would you grade Judge Marshall on "Providing written communications that are clear, thorough and well reasoned?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 71% 55% 55% B 14% 23% 23% C 6% 6% D 3% 3% Fail 14% 1% 1% No Grade 12% 12% Average 3.3 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 23 ## Page 37 Julie G. Marshall Attorney Survey 4a. How would you grade Judge Marshall on "Giving proceedings a sense of dignity?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 63% 73% 69% B 13% 18% 20% C 13% 5% 6% D 8% 2% 2% Fail 4% 1% 2% No Grade 1% 1% Average 3.2 3.6 3.6 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 24 ## Page 38 Julie G. Marshall Attorney Survey 4b. How would you grade Judge Marshall on "Treating everyone involved politely?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 67% 72% 70% B 16% 17% C 13% 5% 6% D 4% 3% 3% Fail 17% 2% 3% No Grade 1% 1% Average 3.0 3.5 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 25 ## Page 39 Julie G. Marshall Attorney Survey 4c. How would you grade Judge Marshall on "Having empathy with the parties involved?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 61% 59% 59% B 20% 22% C 17% 10% 9% D 9% 5% 5% Fail 13% 2% 3% No Grade 4% 3% Average 2.9 3.3 3.3 Letter Grade B- B B Judicial Performance Survey 2006 Page 26 ## Page 40 Julie G. Marshall Attorney Survey 4d. How would you grade Judge Marshall on "Treating participants with respect?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 63% 71% 69% B 4% 16% 18% C 13% 6% 6% D 8% 3% 3% Fail 13% 2% 3% No Grade 1% 1% Average 3.0 3.5 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 27 ## Page 41 Julie G. Marshall Attorney Survey 4e. How would you grade Judge Marshall on "Presenting a neutral presence on the bench?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 63% 66% 63% B 4% 18% 19% C 4% 7% 8% D 13% 5% 5% Fail 17% 3% 4% No Grade 1% 1% Average 2.8 3.4 3.4 Letter Grade B- B+ B+ Judicial Performance Survey 2006 Page 28 ## Page 42 Julie G. Marshall Attorney Survey 4f. How would you grade Judge Marshall on "Being consistent in [his/her] behavior?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 54% 67% 64% B 17% 20% 21% C 4% 6% 7% D 8% 3% 3% Fail 17% 2% 2% No Grade 3% 2% Average 2.8 3.5 3.5 Letter Grade B- B+ B+ Judicial Performance Survey 2006 Page 29 ## Page 43 Julie G. Marshall Attorney Survey 4g. How would you grade Judge Marshall on "Conducting [his/her] courtroom in a neutral manner?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 63% 65% 63% B 4% 18% 19% C 8% 8% 8% D 13% 4% 4% Fail 13% 3% 3% No Grade 2% 1% Average 2.9 3.4 3.4 Letter Grade B- B+ B+ Judicial Performance Survey 2006 Page 30 ## Page 44 Julie G. Marshall Attorney Survey 4h. How would you grade Judge Marshall on "Giving all participants an opportunity to be heard?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 67% 71% 69% B 8% 18% 19% C 4% 6% 6% D 17% 3% 2% Fail 4% 1% 2% No Grade 1% 1% Average 3.2 3.6 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 31 ## Page 45 Julie G. Marshall Attorney Survey 4i. How would you grade Judge Marshall on "Consistently applying laws and rules?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 67% 61% 59% B 4% 21% 23% C 4% 8% 8% D 8% 4% 4% Fail 17% 2% 2% No Grade 5% 4% Average 3.0 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 32 ## Page 46 Julie G. Marshall Attorney Survey 4j. How would you grade Judge Marshall on "Not engaging in ex parte communications?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 67% 66% 63% B 8% 13% 15% C 4% 3% 3% D 1% 1% Fail 8% 1% 1% No Grade 13% 16% 16% Average 3.4 3.7 3.6 Letter Grade B+ A- B+ Judicial Performance Survey 2006 Page 33 ## Page 47 Julie G. Marshall Attorney Survey 4k. How would you grade Judge Marshall on "Treating pro se parties fairly?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 50% 48% 52% B 8% 11% 13% C 8% 3% 4% D 13% 1% 2% Fail 4% 1% 1% No Grade 17% 36% 28% Average 3.1 3.6 3.6 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 34 ## Page 48 Julie G. Marshall Attorney Survey 5a. How would you grade Judge Marshall on "Making tough decisions when necessary?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 63% 57% 52% B 17% 21% 23% C 4% 8% 8% D 17% 3% 3% Fail 2% 2% No Grade 10% 12% Average 3.3 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 35 ## Page 49 Julie G. Marshall Attorney Survey 5b. How would you grade Judge Marshall on "Using good judgment in application of relevant law and rules?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 50% 55% 53% B 17% 26% 27% C 17% 9% 9% D 4% 4% Fail 17% 3% 3% No Grade 3% 4% Average 2.8 3.3 3.3 Letter Grade B- B B Judicial Performance Survey 2006 Page 36 ## Page 50 Julie G. Marshall Attorney Survey 5c. How would you grade Judge Marshall on "Doing the necessary 'homework' and being prepared for [his/her] cases?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 63% 59% 53% B 13% 23% 26% C 8% 8% 9% D 13% 3% 3% Fail 4% 1% 2% No Grade 5% 7% Average 3.2 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 37 ## Page 51 Julie G. Marshall Attorney Survey 5d. How would you grade Judge Marshall on "Being willing to handle cases on the docket even when they are complicated and time consuming?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 50% 58% 53% B 17% 19% 21% C 8% 7% 7% D 8% 2% 2% Fail 8% 1% 1% No Grade 8% 13% 15% Average 3.0 3.5 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 38 ## Page 52 Julie G. Marshall Attorney Survey 5e. How would you grade Judge Marshall on "Providing prompt access to the court in emergency matters?" Judge District All Trial Marshall Judges 2006 Judges 2006 A 42% 43% 41% B 13% 16% 16% C 17% 5% 5% D 13% 2% 1% Fail 4% 1% 1% No Grade 13% 33% 36% Average 2.9 3.5 3.5 Letter Grade B- B+ B+ Judicial Performance Survey 2006 Page 39 ## Page 53 Julie G. Marshall Attorney Survey 6. How biased do you think Judge Marshall is towards the defense or the prosecution? Judge District All Trial Marshall Judges 2006 Judges 2006 5 9% 3% 3% 4 18% 5% 5% 3 8% 7% 2 9% 11% 11% 1 9% 17% 18% 55% 46% 47% -1 5% 4% -2 3% 2% -3 2% 2% -4 1% 1% -5 Average 1.5 0.8 0.8 noitucesorP drawoT esnefeD drawoT Ý 0 Neutral ß Judicial Performance Survey 2006 Page 40 ## Page 54 Julie G. Marshall Attorney Survey 7. How lenient or harsh do you think the sentences handed down by Judge Marshall are? Judge District All Trial Marshall Judges 2006 Judges 2006 5 2% 2% 4 10% 4% 4% 3 20% 6% 5% 2 9% 9% 1 20% 16% 15% 40% 48% 55% -1 6% 3% -2 10% 4% 3% -3 3% 2% -4 1% 1% -5 1% 1% Average 1.0 0.5 0.5 hsraH thgiL Ý 0 Appropriate ß Judicial Performance Survey 2006 Page 41 ## Page 55 Julie G. Marshall Attorney Survey 12. Do you recommend that Judge Marshall be retained in office or not be retained in office? Judge District All Trial Marshall Judges 2006 Judges 2006 Strongly Recommend 64% 78% 77% Retain in office Somewhat Recommend 9% 13% 14% Retain in office Somewhat Recommend Not 5% 4% 4% Retain in office Strongly Recommend Not Retain in office 23% 5% 5% Judicial Performance Survey 2006 Page 42 ## Page 56 NNoonn AAttttoorrnneeyy SSuurrvveeyy ## Page 57 Julie G. Marshall Non Attorney Survey Average Grades: Overall and by Section 3.0 Overall Average 3.6 3.5 3.0 Q1. Overall Demeanor 3.6 3.5 2.9 Q2. Overall Fairness 3.6 3.5 3.1 Q3. Overall 3.7 Communications 3.6 3.1 Q4. Overall Diligence 3.5 3.5 3.0 Q5. Overall Application 3.5 of Law 3.4 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Julie G. Marshall District Judges All Trial Judges Judicial Performance Survey 2006 Page 1 ## Page 58 Julie G. Marshall Non Attorney Survey Average Grades: Demeanor 3.0 Q1. Overall Demeanor 3.6 3.5 3.1 1a. Giving court proceedings a 3.6 sense of dignity 3.5 3.0 1b. Treating participants 3.6 politely and with respect 3.5 2.9 1c. Conducting [his/her] courtroom in a neutral 3.6 manner 3.5 2.8 1d. Having a sense of compassion and human 3.5 understanding for those who appear before the judge 3.4 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Julie G. Marshall District Judges Average Grade All Trial Judges Judicial Performance Survey 2006 Page 2 ## Page 59 Julie G. Marshall Non Attorney Survey Average Grades: Fairness 2.9 Q2. Overall Fairness 3.6 3.5 3.0 2a. Giving participants an 3.6 opportunity to be heard 3.5 2.8 2b. Treating those involved 3.6 with the case without bias 3.5 2.7 2c. Treating fairly people who 3.6 represent themselves 3.4 3.2 2d. Giving each side enough time to present his or her 3.6 case 3.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Julie G. Marshall Average Grade District Judges All Trial Judges Judicial Performance Survey 2006 Page 3 ## Page 60 Julie G. Marshall Non Attorney Survey Average Grades: Communications 3.1 Q3. Overall Communications 3.7 3.6 3.2 3a. Making sure all participants understand the 3.7 proceedings, and what's going on in the courtroom 3.6 3.1 3b. Using language that 3.7 everyone can understand 3.6 3.1 3c. Speaking clearly so everyone in the courtroom 3.7 can hear what's being said 3.6 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Julie G. Marshall Average Grade District Judges All Trial Judges Judicial Performance Survey 2006 Page 4 ## Page 61 Julie G. Marshall Non Attorney Survey Average Grades: Diligence 3.1 Q4. Overall Diligence 3.5 3.5 3.0 4a. Beginning court on time 3.4 3.3 3.4 4b. Maintaining appropriate 3.7 control over proceedings 3.6 3.0 4c. Setting reasonable 3.5 schedules for cases 3.5 3.1 4d. Being prepared for 3.6 [his/her] cases 3.6 3.1 4e. Managing court proceedings so that there is 3.5 little wasted time 3.4 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Julie G. Marshall District Judges Average Grade All Trial Judges Judicial Performance Survey 2006 Page 5 ## Page 62 Julie G. Marshall Non Attorney Survey Average Grades: Application and Knowledge of Law 3.0 Q5. Overall App of Law 3.5 3.4 3.0 5a. Giving reasons for rulings 3.5 3.4 2.8 5b. Willing to make decision without regard to possible 3.6 outside pressure 3.5 3.0 5c. Being able to identify and 3.6 analyze relevant facts 3.4 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Julie G. Marshall District Judges Average Grade All Trial Judges Judicial Performance Survey 2006 Page 6 ## Page 63 Julie G. Marshall Non Attorney Survey Average: How biased do you think Judge Marshall is toward the defense or prosecution? Julie G. 0.6 Marshall District Judges 0.1 All Trial Judges 0.1 5 4 3 2 1 0 1 2 3 4 5 ç Defense Prosecution è Judicial Performance Survey 2006 Page 7 ## Page 64 Julie G. Marshall Non Attorney Survey Average: How lenient or how harsh are Judge Marshall's sentences? Julie G. 1.1 Marshall District Judges 0.1 All Trial Judges 0.1 5 4 3 2 1 0 1 2 3 4 5 ç Lenient Harsh è Judicial Performance Survey 2006 Page 8 ## Page 65 Julie G. Marshall Non Attorney Survey Retention Recommendation 100% 90% 86% 82% 81% 80% 75% 70% 67% 60% 60% 50% 40% 30% 24% 21% 20% 10% 9% 10% 8% 8% 8% 7% 7% 6% 6% 6% 6% 5% 5% 3% 3% 2% 2%2% 1% 0% Str o n gl y n ot r et ai n m e w h at n ot r et ai n U n d e ci d e d S o m e w h at r et ai n Str o n gl y r et ai n Str o n gl y n ot r et ai n m e w h at n ot r et ai n S o m e w h at r et ai n Str o n gl y r et ai n o o S Judge Marshall S District Judges Including Undecided Excluding Undecided All Trial Judges Judicial Performance Survey 2006 Page 9 ## Page 66 Julie G. Marshall Non Attorney Survey 1a. How would you grade Judge Marshall on "Giving proceedings a sense of dignity?" Judge All District All Trial Marshall Judges 2006 Judges 2006 A 48% 76% 69% B 28% 16% 20% C 5% 4% 6% D 9% 1% 2% Fail 5% 2% 2% No Grade 4% 1% 1% Average 3.1 3.6 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 1 ## Page 67 Julie G. Marshall Non Attorney Survey 1b. How would you grade Judge Marshall on "Treating participants politely and with respect?" Judge All District All Trial Marshall Judges 2006 Judges 2006 A 45% 78% 72% B 28% 14% 17% C 9% 4% 5% D 5% 2% 2% Fail 9% 2% 3% No Grade 3% 1% 1% Average 3.0 3.6 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 2 ## Page 68 Julie G. Marshall Non Attorney Survey 1c. How would you grade Judge Marshall on "Conducting [his/her] courtroom in a neutral manner?" Judge All District All Trial Marshall Judges 2006 Judges 2006 A 47% 76% 70% B 24% 14% 17% C 4% 4% 5% D 11% 2% 3% Fail 11% 3% 3% No Grade 4% 1% 1% Average 2.9 3.6 3.5 Letter Grade B- B+ B+ Judicial Performance Survey 2006 Page 3 ## Page 69 Julie G. Marshall Non Attorney Survey 1d. How would you grade Judge Marshall on "Having a sense of compassion and human understanding for those who appear before the judge?" Judge All District All Trial Marshall Judges 2006 Judges 2006 A 46% 71% 66% B 19% 16% 18% C 11% 4% 6% D 3% 2% 3% Fail 15% 4% 5% No Grade 7% 2% 2% Average 2.8 3.5 3.4 Letter Grade B- B+ B+ Judicial Performance Survey 2006 Page 4 ## Page 70 Julie G. Marshall Non Attorney Survey 2a. How would you grade Judge Marshall on "Giving participants an opportunity to be heard?" Judge All District All Trial Marshall Judges 2006 Judges 2006 A 50% 77% 71% B 16% 13% 16% C 12% 4% 5% D 5% 2% 3% Fail 8% 3% 3% No Grade 8% 2% 2% Average 3.0 3.6 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 5 ## Page 71 Julie G. Marshall Non Attorney Survey 2b. How would you grade Judge Marshall on "Treating those involved in the case without bias?" Judge All District All Trial Marshall Judges 2006 Judges 2006 A 43% 75% 69% B 23% 13% 16% C 7% 3% 5% D 5% 2% 3% Fail 15% 4% 4% No Grade 7% 2% 3% Average 2.8 3.6 3.5 Letter Grade B- B+ B+ Judicial Performance Survey 2006 Page 6 ## Page 72 Julie G. Marshall Non Attorney Survey 2c. How would you grade Judge Marshall on "Treating fairly people who represent themselves?" Judge All District All Trial Marshall Judges 2006 Judges 2006 A 25% 47% 49% B 14% 8% 11% C 4% 2% 4% D 4% 1% 2% Fail 10% 3% 4% No Grade 44% 38% 30% Average 2.7 3.6 3.4 Letter Grade B- B+ B+ Judicial Performance Survey 2006 Page 7 ## Page 73 Julie G. Marshall Non Attorney Survey 2d. How would you grade Judge Marshall on "Giving each side enough time to present his or her case?" Judge All District All Trial Marshall Judges 2006 Judges 2006 A 51% 75% 68% B 14% 13% 16% C 10% 4% 5% D 3% 2% 2% Fail 7% 3% 3% No Grade 15% 4% 5% Average 3.2 3.6 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 8 ## Page 74 Julie G. Marshall Non Attorney Survey 3a. How would you grade Judge Marshall on "Making sure participants understand the proceedings, and what's going on in the courtroom?" Judge All District All Trial Marshall Judges 2006 Judges 2006 A 56% 77% 73% B 21% 14% 16% C 8% 4% 5% D 4% 2% 2% Fail 7% 1% 2% No Grade 4% 1% 1% Average 3.2 3.7 3.6 Letter Grade B A- B+ Judicial Performance Survey 2006 Page 9 ## Page 75 Julie G. Marshall Non Attorney Survey 3b. How would you grade Judge Marshall on "Using language that everyone can understand?" Judge All District All Trial Marshall Judges 2006 Judges 2006 A 49% 78% 74% B 24% 14% 18% C 12% 4% 5% D 7% 1% 2% Fail 5% 1% 1% No Grade 3% 1% 1% Average 3.1 3.7 3.6 Letter Grade B A- B+ Judicial Performance Survey 2006 Page 10 ## Page 76 Julie G. Marshall Non Attorney Survey 3c. How would you grade Judge Marshall on "Speaking clearly so everyone in the courtroom can hear what's being said?" Judge All District All Trial Marshall Judges 2006 Judges 2006 A 51% 79% 75% B 28% 14% 16% C 11% 4% 5% D 3% 1% 1% Fail 7% 1% 1% No Grade 1% 1% 1% Average 3.1 3.7 3.6 Letter Grade B A- B+ Judicial Performance Survey 2006 Page 11 ## Page 77 Julie G. Marshall Non Attorney Survey 4a. How would you grade Judge Marshall on "Beginning court on time?" Judge All District All Trial Marshall Judges 2006 Judges 2006 A 49% 59% 55% B 22% 26% 26% C 15% 9% 10% D 4% 3% 3% Fail 8% 2% 3% No Grade 3% 2% 3% Average 3.0 3.4 3.3 Letter Grade B B+ B Judicial Performance Survey 2006 Page 12 ## Page 78 Julie G. Marshall Non Attorney Survey 4b. How would you grade Judge Marshall on "Maintaining appropriate control over proceedings?" Judge All District All Trial Marshall Judges 2006 Judges 2006 A 62% 78% 72% B 19% 16% 18% C 8% 4% 5% D 5% 1% 2% Fail 1% 1% 1% No Grade 4% 1% 2% Average 3.4 3.7 3.6 Letter Grade B+ A- B+ Judicial Performance Survey 2006 Page 13 ## Page 79 Julie G. Marshall Non Attorney Survey 4c. How would you grade Judge Marshall on "Setting reasonable schedules for cases?" Judge All District All Trial Marshall Judges 2006 Judges 2006 A 48% 62% 58% B 17% 18% 19% C 11% 6% 6% D 8% 2% 2% Fail 8% 2% 2% No Grade 8% 11% 12% Average 3.0 3.5 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 14 ## Page 80 Julie G. Marshall Non Attorney Survey 4d. How would you grade Judge Marshall on "Being prepared for [his/her] cases?" Judge All District All Trial Marshall Judges 2006 Judges 2006 A 56% 73% 67% B 16% 14% 17% C 7% 4% 5% D 7% 1% 2% Fail 8% 2% 2% No Grade 7% 6% 7% Average 3.1 3.6 3.6 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 15 ## Page 81 Julie G. Marshall Non Attorney Survey 4e. How would you grade Judge Marshall on "Managing court proceedings so that there is little wasted time?" Judge All District All Trial Marshall Judges 2006 Judges 2006 A 51% 63% 61% B 20% 23% 23% C 11% 7% 8% D 5% 2% 3% Fail 5% 2% 3% No Grade 8% 3% 3% Average 3.1 3.5 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 16 ## Page 82 Julie G. Marshall Non Attorney Survey 5a. How would you grade Judge Marshall on "Giving reasons for rulings?" Judge All District All Trial Marshall Judges 2006 Judges 2006 A 51% 67% 62% B 15% 16% 18% C 8% 5% 6% D 3% 2% 3% Fail 11% 3% 4% No Grade 12% 7% 7% Average 3.0 3.5 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 17 ## Page 83 Julie G. Marshall Non Attorney Survey 5b. How would you grade Judge Marshall on "Willing to make decision without regard to possible outside pressure?" Judge All District All Trial Marshall Judges 2006 Judges 2006 A 38% 63% 58% B 14% 12% 14% C 8% 4% 5% D 7% 2% 2% Fail 9% 3% 3% No Grade 24% 17% 17% Average 2.8 3.6 3.5 Letter Grade B- B+ B+ Judicial Performance Survey 2006 Page 18 ## Page 84 Julie G. Marshall Non Attorney Survey 5c. How would you grade Judge Marshall on "Being able to identify and analyze relevant facts?" Judge All District All Trial Marshall Judges 2006 Judges 2006 A 49% 69% 64% B 19% 14% 16% C 3% 4% 5% D 8% 2% 3% Fail 9% 3% 4% No Grade 12% 8% 8% Average 3.0 3.6 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 19 ## Page 85 Julie G. Marshall Non Attorney Survey 6. How biased do you think Judge Marshall is towards the defense or the prosecution? Judge All District All Trial Marshall Judges 2006 Judges 2006 5 11% 2% 2% 4 4% 1% 1% 3 4% 1% 2% 2 9% 2% 3% 1 5% 4% 5% 51% 83% 78% -1 7% 3% 3% -2 1% 2% -3 4% 1% 1% -4 1% 1% -5 5% 1% 2% Average 0.6 0.1 0.1 noitucesorP drawoT esnefeD drawoT Ý 0 Neutral ß Judicial Performance Survey 2006 Page 20 ## Page 86 Julie G. Marshall Non Attorney Survey 7. How lenient or harsh do you think the sentences handed down by Judge Marshall are? Judge All District All Trial Marshall Judges 2006 Judges 2006 5 19% 3% 3% 4 5% 2% 2% 3 2% 2% 2 2% 3% 1 10% 3% 4% 57% 75% 71% -1 7% 5% 5% -2 4% 4% -3 2% 2% -4 2% 1% 1% -5 1% 2% Average 1.1 0.1 0.1 hsraH thgiL Ý 0 Appropriate ß Judicial Performance Survey 2006 Page 21 ## Page 87 Julie G. Marshall Non Attorney Survey 12. Do you recommend that Judge Marshall be retained in office or not be retained in office? Judge All District All Trial Marshall Judges 2006 Judges 2006 Strongly Recommend 67% 86% 82% Retain in office Somewhat Recommend 8% 7% 9% Retain in office Somewhat Recommend Not 2% 2% 3% Retain in office Strongly Recommend Not Retain in office 24% 5% 6% Judicial Performance Survey 2006 Page 22 ## Page 88 MMeetthhooddoollooggyy ## Page 89 MMeetthhooddoollooggyy Sample: The Colorado Judicial Department provided Talmey-Drake Research & Strategy, Inc. with all the names and addresses of people from its ICON data base who in the previous 12 months had likely been in each judge’s courtroom who was up for retention in November 2006. These names and addresses where then supplemented from the Colorado District Attorney’s database (Blackstone system) and the databases of jurors, court employees and sheriff’s security. The data was then combined and cleaned. Where there were more than 400 potential respondents, a random sample was drawn. Included in the data cleaning was the identification of potential respondents in the sample who had appeared in more than two judges’ courtrooms. Due to concerns about respondent fatigue, no more than two questionnaires were intended to be sent to any one respondent—though there were a few instances where one respondent did receive more than two questionnaires. Where a person had been in more than two judges’ courtrooms, the selection criteria for which judges he or she would be sent questionnaires was generally: first, for the judge in whose courtroom the potential respondent had been in most often, and two, the judge with the smallest sample of the judges in whose courtroom the potential respondent had been in. Survey: Starting in October 2005, each person in the sample database was mailed an initial questionnaire and an introductory letter with a postage-paid return envelope. Those who did not respond to the first questionnaire were then sent a sent a second questionnaire and letter, and in some cases reminder postcards. During this process, the sample was augmented for judges with a particularly low number of completed questionnaires. Questionnaire: The questionnaire used in the 2006 Judicial Performance Survey asked respondents to use a grade of A, B, C, D, or F (Fail) to assess the judge’s performance in five different areas. For attorney these areas were Case Management, Application and Knowledge of Law, Communications, Demeanor and Diligence, and for non-attorney respondents the five were Demeanor, Fairness, Communications, Diligence and Application of Law. These scores were then converted to a numerical value where A = 4, B = 3, C = 2, D = 1 and Fail = 0. Copies of the questionnaires are included at the end of this report. Response: The response rate is calculated as the number of completed questionnaires divided by the number of eligible respondents who actually received a questionnaire. The following table shows the total number of questionnaires mailed, completed, non-responses & refusals, undeliverables and other responses. The table presents the overall response rate as well as the response rate by the different types of respondents. 1 ## Page 90 Refused/ Nonre- Unde- Response Attorney Respondents Total Sent Completed sponse livered Other Rate District Attorney 684 402 223 56 3 64.3% Attorney For Defendant 5,159 2,760 1895 490 14 59.3% Attorney for Plaintiff 1,925 1,023 689 206 7 59.8% Unknown Attorney Type 963 436 418 107 2 51.1% Attorney Total 8,731 4,621 3225 859 26 58.7% Refused/ Nonre- Unde- Response Non-Attny Respondents Total Sent Completed sponse livered Other Rate Law Enforcement 5,659 1,161 3,276 1,195 27 26.2% Employee 1,307 600 489 205 13 55.1% Defendant 31,391 3,658 17,494 10,124 115 17.3% Plaintiff 7,688 1,449 4,699 1,506 34 23.6% Juror 16,267 9,482 5,961 795 29 61.4% Other 4,061 401 2,342 1,281 37 14.6% Parole Officers 599 323 136 125 15 70.4% Non-attorney Total 66,972 17,074 34,397 15,231 270 33.0% Total 75,703 21,695 37,622 16,090 296 36.4% A similar table showing the response count and cooperation rate for your survey is provided at the end of this methodology section. Results: The results of the Survey are in two main sections: Attorney Respondents and Non-attorney Respondents. Within each main section are three subsections: graphs displaying average grades for each section and question, the percentage distribution of grades, and respondent comments. Graphs: The graphs visually display the overall average numerical grades received for all grade questions, each section and each question compared to averages for all district or county judges, and all trial judges for which 2006 surveys were conducted. Questions relating to bias toward the defense or prosecution, sentencing and retention recommendation are also graphed. 2 ## Page 91 Percentage Distribution of Grades: This section shows the percentage of each grade received on each question plus the bias, sentencing and retention questions. An average grade point for each graded question is computed and shown in the results section. A letter grade is also assigned to each grade point according to the following scale. A = 4.00 B = 3.00 to 3.33 C = 2.00 to 2.33 D = 1.00 to 1.33 A— = 3.68 to 3.99 B— = 2.67 to 2.99 C— = 1.67 to 1.99 D— = 0.67 to 0.99 B+ = 3.34 to 3.66 C+ = 2.34 to 2.66 D+ = 1.34 to 1.66 Fail = 0.00 to 0.67 This section also includes two comparative columns of results: one comparative column shows the results for that question for all county or district judges (as appropriate) surveyed in 2006, along with a second comparative column showing the results for all trial judges in the 2006 survey. Comments: Each respondent was encouraged to comment on the judge’s performance. This section contains those comments. Sampling All sample surveys are subject to what is known as sampling error—the Error: extent to which the results of the sample survey may differ from what would be obtained if the entire population being surveyed had been interviewed. The size of the sampling error is almost entirely due to the number of people interviewed for the survey and the variance of responses. The table below shows the extent of sampling error (95%-confidence interval) for various sizes of random samples and sample percentage results. Sample Size 25 50 100 150 200 300 Percentages near 10% or 90% ± 11.8% ± 8.3% ± 5.9% ± 4.8% ± 4.2% ± 3.4% Percentages near 20% or 80% ± 15.7% ± 11.1% ± 7.8% ± 6.4% ± 5.5% ± 4.5% Percentages near 30% or 70% ± 18.0% ± 12.7% ± 9.0% ± 7.3% ± 6.4% ± 5.2% Percentages near 40% or 60% ± 19.2% ± 13.6% ± 9.6% ± 7.8% ± 6.8% ± 5.5% Percentages near 50% ± 19.6% ± 13.9% ± 9.8% ± 8.0% ± 6.9% ± 5.7% For example, suppose a reported percentage is 80% in a sample size of 150, then one could expect that 95% of the time that a random sample of the same size and collected the same way would include the true population percentage within the range of 80% plus or minus 6.4%. Averages such as grade points also have a 95% confidence interval, however it is not so easily displayed in a table as confidence intervals about a percentage. Suffice it to say that the confidence interval about a score generally increases with smaller sample size. 3 ## Page 92 Julie G. Marshall Responses by Type Total Other Non- Coop Role Type Sent Completes Refusals Undeliverable Responses Rate District Attorney 3 3 0 0 0 100.0% Attorney For Defendant 15 9 5 1 0 64.3% Attorney for Plaintiff 12 9 2 1 0 81.8% Unknown/Other Attorney Type 4 3 1 0 0 75.0% Sub Total: 34 24 8 2 0 75.0% Defendant 100 15 48 37 0 23.8% Plaintiff 31 9 16 5 1 36.0% Law Enforcement 1 0 0 1 0 0.0% Employee 21 11 7 1 2 61.1% Juror 44 29 14 1 0 67.4% Other 26 3 13 9 1 18.8% Parole Officers 9 8 1 0 0 88.9% Sub Total: 232 75 99 54 4 42.1% Grand Total: 266 99 107 56 4 47.1% Judicial Performance Survey 2006 Page 1 ## Page 93 Commission on Judicial Performance 11. Is there anything else that you would like to say about Judge [Name]? Attorney Questionnaire _ _ Evaluation of _ [Name of Judge] _ _ Using a grade scale, where an “A” is excellent along with B, C, D or F for fail, please grade the judge on the following. (If you feel that you don not have 12. Keeping in mind your responses to each of the previous questions, how experience with the judge in a specific area, or just don’t know, please circle the strongly do you recommend that Judge [Name] be retained in office, or not number corresponding to “Don’t Know/Not Applicable”—DK/NS). retained in office? DK Strongly recommend he be retained in office. 5 1. Case Management: A B C D F N/A Somewhat recommend he be retained in office. 4 a. Promptly making rulings during trial. 4 3 2 1 0 9 Undecided or don’t know enough to make recommendation. 3 Somewhat recommend he not be retained in office. 2 b. Beginning court on time. 4 3 2 1 0 9 Strongly recommend he not be retained in office. 1 c. Allotting appropriate amount of time for cases. 4 3 2 1 0 9 d. Keeping cases moving according to schedule. 4 3 2 1 0 9 And why do you think that way about retaining or not retaining Judge e. [Civil only]1 Assisting parties to reach agreement. 4 3 2 1 0 9 [Name]? f. Maintaining appropriate control over proceedings. 4 3 2 1 0 9 _ _ g. Promptly ruling on pre-trial motions. 4 3 2 1 0 9 _ h. Promptly issuing a decision on the case after trial. 4 3 2 1 0 9 _ i. Setting reasonable schedules for cases. 4 3 2 1 0 9 _ _ DK 2. Application and Knowledge of Law: A B C D F N/A a. Basing decisions on evidence and arguments. 4 3 2 1 0 9 b. Giving reasons for rulings. 4 3 2 1 0 9 Thank you for your time in completing this questionnaire. c. [Civil only]1 Issuing written findings of fact and law. 4 3 2 1 0 9 Please place it in the self-addressed, postage paid enveloped d. Willing to reconsider error in fact or law. 4 3 2 1 0 9 provided, and place it in the mail. Your participation in this e. Having knowledge of relevant substantive law. 4 3 2 1 0 9 survey is very much appreciated. f. Having knowledge of rules of procedure and evidence. 4 3 2 1 0 9 g. Being able to identify and analyze relevant facts. 4 3 2 1 0 9 h. [Criminal only]2 Issuing consistent sentences when the circumstances are similar. 4 3 2 1 0 9 i. Willing to make decisions without regard to possible criticism. 4 3 2 1 0 9 j. Making decisions without fear of being appealed . 4 3 2 1 0 9 1 Please answer questions 1e & 2c only if you have observed the judge in a civil case. 2 Please answer question 2h only if you have observed the judge in a criminal case. ## Page 94 DK 6. [Criminal cases only] 1 On the scale below, please indicate by circling the 3. Communications: A B C D F N/A appropriate number how biased you think Judge [Name] is toward the a. Speaking clearly. 4 3 2 1 0 9 defense or the prosecution. If you feel Judge [Name] is completely b. Makings sure all participants understand unbiased, circle “0.” the proceedings. 4 3 2 1 0 9 Bias toward Completely Bias toward c. Using understandable language. 4 3 2 1 0 9 Defense Neutral Prosecution d. Providing written communications that are 5 4 3 2 1 0 1 2 3 4 5 clear, thorough and well reasoned. 4 3 2 1 0 9 7. [Criminal cases only]1 On the scale below, please indicate by circling the DK appropriate number how lenient or how harsh you think the sentences 4. Demeanor: A B C D F N/A generally handed down by Judge [Name] are. If you feel Judge [Name] a. Giving proceedings a sense of dignity. 4 3 2 1 0 9 generally hands down appropriate sentences, circle “0.” b. Treating everyone involved politely. 4 3 2 1 0 9 Sentences Appropriate Sentences c. Having empathy with the parties involved. 4 3 2 1 0 9 Too Light Sentences Too Harsh d. Treating participants with respect. 4 3 2 1 0 9 e. Presenting a neutral presence on the bench. 4 3 2 1 0 9 5 4 3 2 1 0 1 2 3 4 5 f. Being consistent in [his/her] behavior 4 3 2 1 0 9 8. If an associate were assigned to Judge [Name] in a case and asked you for g. Conducting [his/her ]courtroom in a neutral advice, what would you say? manner. 4 3 2 1 0 9 ________________________________________________________ h. Giving all participants an opportunity to be heard. 4 3 2 1 0 9 ________________________________________________________ i. Consistently applying laws and rules. 4 3 2 1 0 9 ________________________________________________________ j. Not engaging in ex parte communications 4 3 2 1 0 9 ________________________________________________________ k. Treating pro se parties fairly. 4 3 2 1 0 9 ________________________________________________________ 9. What would you say are Judge [Name]’s strengths? DK 5. Diligence: A B C D F N/A ___________________________________________________________ a. Making tough decisions when necessary. 4 3 2 1 0 9 ___________________________________________________________ ___________________________________________________________ b. Using good judgment in application of relevant ___________________________________________________________ law and rules. 4 3 2 1 0 9 ___________________________________________________________ c. Doing the necessary “homework” and being prepared for [his/her] cases. 4 3 2 1 0 9 10. And what would you say are Judge [Name]’s weaknesses? d. Being willing to handle cases on the docket even ___________________________________________________________ when they are complicated and time consuming. 4 3 2 1 0 9 ___________________________________________________________ e. Providing prompt access to the court ___________________________________________________________ in emergency matters. 4 3 2 1 0 9 ___________________________________________________________ ___________________________________________________________ [Continued on Back Page] 1 Please answer questions 6 & 7 only if you have observed the judge in a criminal case. ## Page 95 12. Keeping in mind your responses to each of the previous questions, how Commission on Judicial Performance strongly do you recommend that Judge [Name] be retained in office, or not retained in office? Strongly recommend [he/she] be retained in office................................ 5 Evaluation of Somewhat recommend [he/she] be retained in office............................ 4 [Name of Judge] Undecided or don’t know enough to make recommendation............. 3 Somewhat recommend [he/she] not be retained in office..................... 2 Strongly recommend [he/she] not be retained in office......................... 1 Using a grade scale, where an “A” is excellent along with B, C, D or F for fail, please grade the judge on the following. (If you feel that you don’t have experience with the judge in a specific area, or just don’t know, please circle the And why do you think that way about retaining or not retaining Judge number corresponding to “Don’t Know/Not Applicable”—DK/NA). [Name] ? _____________________________________________________________ DK _____________________________________________________________ 1. Demeanor: A B C D F N/A _____________________________________________________________ _____________________________________________________________ a. Giving court proceedings a sense of dignity. 4 3 2 1 0 9 _____________________________________________________________ b. Treating participants in the case politely _____________________________________________________________ and with respect. 4 3 2 1 0 9 c. Conducting [his/her] courtroom in a neutral manner. 4 3 2 1 0 9 d. Having a sense of compassion and human Thank you for you time in completing this questionnaire. Please place it in the self-addressed, postage paid enveloped provided, understanding for those who appear and place it in the mail. Your participation in this survey is before [him/her]. 4 3 2 1 0 9 very much appreciated. DK 2. Fairness: A B C D F N/A a. Giving participants an opportunity to be heard. 4 3 2 1 0 9 b. Treating those involved in the case without bias. 4 3 2 1 0 9 c. Treating fairly people who represent themselves. 4 3 2 1 0 9 d. Giving each side enough time to present his or her case. 4 3 2 1 0 9 DK 3. Communications: A B C D F N/A a. Makings sure participants understand the proceedings, and what’s going on in the courtroom. 4 3 2 1 0 9 b. Using language that everyone can understand. 4 3 2 1 0 9 c. Speaking clearly so everyone in the courtroom can hear what’s being said. 4 3 2 1 0 9 ## Page 96 DK 8. If a friend of yours was scheduled to appear before Judge [Name] as a 4. Diligence: A B C D F N/A party in either a civil or criminal case and asked you for advice, what a. Beginning court on time. 4 3 2 1 0 9 would you tell your friend about Judge [Name] ? b. Maintaining appropriate control over _ proceedings. 4 3 2 1 0 9 _ c. Setting reasonable schedules for cases. 4 3 2 1 0 9 _ d. Being prepared for [his/her] cases. 4 3 2 1 0 9 _ _ e. Managing court proceedings so that there is _ little wasted time. 4 3 2 1 0 9 9. What would you say are Judge [Name]’s strengths? DK _ 5. Application of Law: A B C D F N/A _ a. Giving reasons for rulings. 4 3 2 1 0 9 _ _ b. Willing to make decision without regard to _ possible outside pressure. 4 3 2 1 0 9 _ c. Being able to identify and analyze relevant facts. 4 3 2 1 0 9 10. And what would you say are Judge [Name]’s weaknesses? _ 6. [If you were in Judge [Name]’s courtroom during a criminal case _ or cases please answer this question, otherwise skip to the next _ question.] On the scale below, please indicate by circling the appropriate _ number how biased you think Judge [Name] is toward the defense or the _ prosecution. If you feel Judge [Name] is completely unbiased, circle “0.” _ Bias toward Completely Bias toward Defense Neutral Prosecution 11. Is there anything else that you would like to say about Judge 5 4 3 2 1 0 1 2 3 4 5 [Name] ? _ 7. [If you were in Judge [Name]’s courtroom during a criminal case _ or cases please answer this question, otherwise skip to the next _ question.] On the scale below, please indicate by circling the appropriate _ number how lenient or how harsh you think the sentences generally handed _ down by Judge [Name] are. If you feel Judge [Name] generally hands down _ appropriate sentences, circle “0.” Sentences Appropriate Sentences Too Light Sentences Too Harsh Continued on Back Page 5 4 3 2 1 0 1 2 3 4 5

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