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J. Clay McKisson

Trial Court · Huerfano · Huerfano

Meets Standards1 cycle on record

Evaluation history

  • 2022 retention cycle
    Trial Court · Huerfano · Huerfano
    Meets Standards
    VotersRetained· 71.4% yes
    6,206 yes · 2,487 no50% needed to retain
    Retention Year: 2022 Recommendation: Meets Performance Standard Reports: 2022 Retention Survey Report 2021 Interim Survey Report The Third Judicial District Commission on Judicial Performance unanimously (8-0) agree that Judge J. Clay McKisson MEETS PERFORMANCE STANDARDS and recommends his retention as District Court Judge. The Colorado statutory judicial performance standards are integrity, legal knowledge, communication skills, judicial temperament, administrative performance, and service to the legal profession and the public. Judge McKisson handles a combined criminal, civil, domestic, and juvenile docket. We believe that his expertise and background in criminal law has been an asset to him as the majority of his cases focus on this area, and he is an accomplished asset to the Court. Judge McKisson’s scores in the area regarding maintaining timelines and issuing orders were above the average for all District Court Judges (3.5 compared to 3.3 for all District Court Judges).  Judge McKisson believes this is a result of an active effort to improve in this area and expressed his desire to continue those efforts and improvement. Although the Commission does believe further improvement can be made in the areas of community involvement and civil matters, there has been great improvement over two years, and we hope to see a continuance of that. While case management and community involvement is important, the Commission believes that fairness, demeanor, and similar considerations are of greater importance. Judge McKisson ranks high in these critical categories. Based on these findings, the Commission unanimously agreed that Judge McKisson meets judicial performance standards. The Commission personally interviewed Judge McKisson; observed him in Court; reviewed judicial performance data, several of his written opinions and orders, written comments from attorneys and non-attorneys, and a self-evaluation done by the Judge. It was clear from the interview that Judge McKisson enjoys being a judicial officer. The survey results and comments reflect the fact that Judge McKisson has been an asset in his role as a District Judge and that he works hard to earn the respect of those that appear in his courtroom. Survey results from attorneys and non-attorneys alike all rated Judge McKisson above all other district court judges consistently. During the interview process it was clear that Judge McKisson makes a true effort to remain neutral in cases until the facts are presented. Judge McKisson discussed the effort he makes to not allow implicit bias to infect his court. During the process of the evaluation there was no sign that implicit bias has come into play, proving that the judge is not only aware of the probability, but also has eliminated it to the best of his ability. Judge McKisson was appointed to the District Court bench by Governor John Hickenlooper in 2018. Prior to this appointment, he served as Huerfano County Court Judge and previously worked as a prosecutor, a probation officer, and in private practice. He graduated from Ohio University in 2000 and earned his J.D. from Thomas Cooley Law School in 2005. His docket consists of criminal, civil, juvenile, and domestic relations cases. Tercer Distrito Judicial Juez del Tribunal del Distrito Honorable J. Clay McKisson La Comisión sobre Desempeño Judicial del Tercer Distrito Judicial concuerda en que el Juez J. Clay McKisson CUMPLE CON LAS NORMAS DE DESEMPEÑO, con un voto unánime (8-0) y recomienda retenerlo en su cargo como Juez del Tribunal del Distrito. Las normas de desempeño judicial de las leyes de Colorado son integridad, conocimiento de la ley, habilidades de comunicación, temperamento judicial, desempeño administrativo y servicio a la profesión jurídica y al público. El Juez McKisson se encarga de variados casos penales, civiles, intrafamiliares y juveniles. Creemos que su experiencia y trayectoria en derecho penal ha sido una ventaja para él dado que la mayoría de sus casos se enfocan en esta área, además es un valioso miembro del Tribunal. Las puntuaciones del Juez McKisson en el área referente a mantener plazos y emitir órdenes estuvieron sobre el promedio para todos los jueces de tribunales de distrito (3.5 comparado con 3.3 para todos los jueces de tribunales de distrito). El Juez McKisson cree que esto se debe a su esfuerzo activo por mejorar en esta área y expresó su deseo de continuar esforzándose y mejorando. Aunque la Comisión cree que puede mejorar más en las áreas de participación comunitaria y asuntos civiles, ha habido una gran mejora a lo largo de dos años, y esperamos ver que continúe esa tendencia. Aunque la gestión de casos y la participación comunitaria son importantes, la Comisión cree que la ecuanimidad, actitud y consideraciones similares son de mayor importancia. El Juez McKisson se ubica en un alto nivel dentro de estas categorías cruciales. Conforme a estos hallazgos, la Comisión concordó unánimemente en que el Juez McKisson cumple con las normas de desempeño judicial. La Comisión entrevistó personalmente al Juez McKisson; lo observó en tribunales; evaluó datos de desempeño judicial, varias de sus opiniones y órdenes, comentarios escritos de abogados y no abogados, y una autoevaluación realizada por el Juez. Quedó claro en la entrevista que el Juez McKisson disfruta de ser funcionario judicial. Los resultados y comentarios de la encuesta reflejan el hecho de que el Juez McKisson ha sido valioso en su rol como Juez de Distrito y que trabaja arduamente para ganarse el respeto de quienes comparecen en su sala de tribunales. Todos los resultados de la encuesta de los abogados y no abogados por igual calificaron por igual al Juez McKisson sobre todos los otros jueces de tribunales de distrito. Durante el proceso de entrevista quedó claro que el Juez McKisson hace un verdadero esfuerzo para mantener su neutralidad en los casos hasta que se presentan los hechos. El Juez McKisson mencionó el esfuerzo que hace para no permitir que infecte su tribunal una parcialidad implícita. Durante el proceso de evaluación no hubo señales de que hubiese parcialidad implícita, demostrando que el juez no solo tiene conciencia de la probabilidad, sino que también la ha eliminado a su más leal saber y entender. El Juez McKisson fue nombrado por el gobernador John Hickenlooper para integrar el Tribunal del Distrito en 2018. Antes de su nombramiento, se desempeñó como Juez del Tribunal del Condado de Huerfano y antes trabajó como fiscal, funcionario de libertad condicional y ejerciendo independientemente. Se graduó de la Universidad de Ohio en 2000 y recibió su Doctorado en Jurisprudencia de la Facultad de Derecho Thomas Cooley en 2005. Su expediente incluye casos penales, civiles, juveniles y de relaciones intrafamiliares.

Surveys & reports

  • 2022 cycle
    • 2021 Interim Survey Report(PDF on OJPE)
      Read full interim survey textexpand
      ## Page 1 The Honorable Judge J. Clay McKisson III 2021 Judicial Performance Survey Report District Court Conducted by: 75 Washington Ave. Ste. 2C Portland, ME 04101 www.marketdecisions.com ## Page 2 Contents Summary of Results . 3 Overall Score . 3 Performance Scores . 4 Individual Category Scores . 5 Summary of Responses . 6 Detailed Report . 8 Case Management . 8 Application and Knowledge of Law . 9 Communications .10 Demeanor .11 Diligence .12 Fairness .14 Survey of Appellate Judges .15 Appendix 1. Survey Methods – Attorney and Non-attorney .16 Methodology and How to Read Results .16 Appendix 2. Survey Methodology - Appellate Judges.19 Methodology and How to Read Results .19 Appendix 3: Judge Response Counts by Type of Respondent .20 i ## Page 3 Summary of Results For Judge McKisson III, 35 individuals completed surveys with at least a single rating question answered. This report reflects these 35 responses. Respondents rated judges on various questions using an A to F scale, in which the grades were then converted to the following numerical scores: A= 4, B=3, C=2, D=1 and Fail=0. An average score of 4.0 is the highest possible score and a 0.0 is the lowest possible score. Overall Score 4 3.7 3.4 3 2 1 0 Judge McKisson III All District Judges Judge McKisson III All District Judges Overall Grade 3.7 3.4 2021 Judicial Performance Survey Report for Judge J. Clay McKisson III 3 ## Page 4 Performance Scores 100% 100% 100% 82% 80% 76% 60% 40% 18% 20% 13% 6% 5% 0% Judge McKisson III All District Judges Judge McKisson III All District Judges Attorneys Non-Attorneys Yes, meets performance standards No, does not meet performance standards No opinion Attorneys Non-Attorneys Judge All Judge All McKisson District McKisson District III Judges III Judges Yes, meets performance 100% 82% 100% 76% standards No, does not meet 0% 13% 0% 18% performance standards No opinion 0% 5% 0% 6% Note: All percentages in this report are rounded to the nearest percentage point. 2021 Judicial Performance Survey Report for Judge J. Clay McKisson III 4 ## Page 5 Individual Category Scores 0.0 1.0 2.0 3.0 4.0 3.7 Case Management 3.4 3.7 Application and Knowledge of Law 3.3 3.8 Communications 3.5 3.7 Diligence 3.3 3.8 Demeanor 3.4 3.9 Fairness 3.4 Judge McKisson III All District Judges Judge All District McKisson III Judges Case Management 3.7 3.4 Application and 3.7 3.3 Knowledge of Law Communications 3.8 3.5 Diligence 3.7 3.3 Demeanor 3.8 3.4 Fairness 3.9 3.4 2021 Judicial Performance Survey Report for Judge J. Clay McKisson III 5 ## Page 6 Summary of Responses Number Percent with Response with Group Responses Sufficient Rate Sufficient Knowledge Knowledge Attorneys 41 23% 54% 22 Non-Attorneys 13 - - 13 *Some non-attorney evaluations are self-selected, making calculating a response rate impossible. The non-attorney group includes staff, jurors, litigants, and witnesses including law enforcement officers. It also includes responses provided through the open Citizen feedback survey. Judge McKisson III received 0 response(s) via the Citizen Feedback survey. Those responses are included with non-attorney results wherever applicable. However, as self-selected evaluations they cannot be included in response rates. 2021 Judicial Performance Survey Report for Judge J. Clay McKisson III 6 ## Page 7 2021 Judicial Performance Survey Report for Judge J. Clay McKisson III 7 ## Page 8 Detailed Report Case Management 0 1 2 3 4 Judge McKisson III Overall 3.7 District Judges Overall 3.4 Judge McKisson III Attorneys 3.6 Judge McKisson III Non-Attorneys 3.8 Judge Judge Judge District Judges Number of McKisson III McKisson III McKisson III Overall Responses Overall Attorneys Non-Attorneys Promptly issuing a decision on the 3.6 3.4 3.6 3.7 23 case after trial Maintaining appropriate control 3.8 3.5 3.9 3.8 32 over proceedings Promptly ruling on pre-trial 3.5 3.3 3.4 3.9 27 motions Setting reasonable schedules for 3.6 3.4 3.6 3.7 30 cases 2021 Judicial Performance Survey Report for Judge J. Clay McKisson III 8 ## Page 9 Application and Knowledge of Law 0 1 2 3 4 Judge McKisson III Overall 3.7 District Judges Overall 3.3 Judge McKisson III Attorneys 3.6 Judge McKisson III Non-Attorneys 3.9 Judge Judge Judge District Judges Number of McKisson III McKisson III McKisson III Overall Responses Overall Attorneys Non-Attorneys Being able to identify and analyze 3.8 3.3 3.7 3.9 34 relevant facts Basing decisions on evidence and 3.4 3.2 3.4 N/A 21 arguments Issuing consistent sentences when 3.6 3.3 3.6 N/A 17 the circumstances are similar Being fair and impartial to both 3.5 3.3 3.5 N/A 21 sides of the case Consistently applying laws and 3.7 3.2 3.7 N/A 21 rules Giving reasons for rulings 3.9 3.4 N/A 3.9 13 Willing to make decision without regard to possible outside 4 3.4 N/A 4.0 12 pressure 2021 Judicial Performance Survey Report for Judge J. Clay McKisson III 9 ## Page 10 Communications 0 1 2 3 4 Judge McKisson III Overall 3.8 District Judges Overall 3.5 Judge McKisson III Attorneys 3.7 Judge McKisson III Non-Attorneys 4.0 Judge Judge Judge District Judges Number of McKisson III McKisson III McKisson III Overall Responses Overall Attorneys Non-Attorneys Making sure all participants 3.8 3.5 3.6 4.0 34 understand the proceedings Providing written communications that are clear, thorough and well 3.7 3.3 3.7 N/A 21 reasoned Using language that everyone can 4 3.6 N/A 4.0 13 understand Speaking clearly so everyone in the courtroom can hear what’s 4 3.6 N/A 4.0 13 being said 2021 Judicial Performance Survey Report for Judge J. Clay McKisson III 10 ## Page 11 Demeanor 0 1 2 3 4 Judge McKisson III Score 3.8 District Judges Overall 3.4 Judge McKisson III Attorneys 3.7 Judge McKisson III Non-Attorneys 4.0 Judge Judge Judge District Judges Number of McKisson III McKisson III McKisson III Overall Responses Score Attorneys Non-Attorneys Giving proceedings a sense of dignity 3.9 3.5 3.8 4.0 34 Treating participants with respect 3.9 3.5 3.8 4.0 34 Conducting his/her courtroom in a 3.8 3.4 3.7 3.9 34 neutral manner Having a sense of compassion and human understanding for those who 4 3.4 N/A 4.0 13 appear before him/her 2021 Judicial Performance Survey Report for Judge J. Clay McKisson III 11 ## Page 12 Diligence 0 1 2 3 4 Judge McKisson III Score 3.7 District Judges Overall 3.3 Judge McKisson III Attorneys 3.6 Judge McKisson III Non-Attorneys 3.8 Judge Judge Judge District Judges Number of McKisson III McKisson III McKisson III Overall Responses Score Attorneys Non-Attorneys Using good judgment in application of relevant law and 3.6 3.2 3.6 N/A 21 rules Being willing to handle cases on the docket even when they are 3.6 3.4 3.6 N/A 20 complicated and time consuming Doing the necessary “homework” 3.7 3.3 3.7 N/A 21 and being prepared for cases Being willing to handle cases on the docket even when they are 3.8 3.6 N/A 3.8 13 complicated and time consuming Beginning court on time 3.8 3.5 N/A 3.8 13 Maintaining appropriate control 3.8 3.4 N/A 3.8 11 over proceedings Setting reasonable schedules for 4 3.3 N/A 4.0 3 cases 2021 Judicial Performance Survey Report for Judge J. Clay McKisson III 12 ## Page 13 Judge Judge Judge District Judges Number of McKisson III McKisson III McKisson III Overall Responses Score Attorneys Non-Attorneys Managing court proceedings so 3.9 3.4 N/A 3.9 12 that there is little wasted time 2021 Judicial Performance Survey Report for Judge J. Clay McKisson III 13 ## Page 14 Fairness 0.0 1.0 2.0 3.0 4.0 Judge McKisson III Score 3.9 District Judges Overall 3.4 Judge McKisson III Attorneys Judge McKisson III Non-Attorneys 3.9 Judge McKisson Judge McKisson District Judges Judge McKisson Number of III Non- III Score Overall III Attorneys Responses Attorneys Giving participants an 3.9 3.4 N/A 3.9 13 opportunity to be heard Treating those involved in 3.9 3.4 N/A 3.9 13 the case without bias Treating fairly people who 4.0 3.4 N/A 4.0 9 represent themselves Giving each side enough time to present his or her 3.9 3.5 N/A 3.9 12 case 2021 Judicial Performance Survey Report for Judge J. Clay McKisson III 14 ## Page 15 Survey of Appellate Judges For Judge McKisson III 2 appellate judges agreed they had worked with Judge McKisson III enough to evaluate their performance. 0.0 1.0 2.0 3.0 4.0 Judge McKisson III Score 2.5 District Judges Overall 3.6 Judge McKisson III District Judges Number of Score Overall Responses Overall performance as a judge 2.5 3.6 2 2021 Judicial Performance Survey Report for Judge J. Clay McKisson III 15 ## Page 16 Appendix 1. Survey Methods – Attorney and Non- attorney Methodology and How to Read Results a. Response rates Attorneys During the 2021 administration, a total of 62,982 survey invitations were sent to 10,316 attorneys inviting them to evaluate judges and justices receiving interim reports in 2021. On average, each attorney was asked to evaluate 6.1 judges. In total 9,605 surveys were completed with an additional 7,234 responses where the attorney indicated that they did not have enough experience with the judge to be comfortable evaluating him or her. The response rate for the survey was 15% and the survey completion rate (the number of those familiar indicating they did not have sufficient familiarity to evaluate the judge) was 27%. Non-attorneys The 2021 administration expanded on contacting non-attorneys electronically. More non-attorney email addresses became available due to administrative changes in the courts. In total 34,758 non-attorneys were invited via email. Some non-attorney groups could self-select which judges they would like to evaluate. Court staff members were emailed a link that allowed them to self-select the judges wished to evaluate in their county or district. Jurors, in addition to email, could similarly self-select via publicly posted links. The public was also allowed to self-select via a separate public link. These methods allowed us to gather more data than previous cycles, however the inclusion of self-selected evaluations makes it impossible to calculate a response rate. In total 4,018 surveys were completed with an additional 1,590 responses where the respondent indicated that they did not have enough experience with the judge to be comfortable providing an evaluation. b. Methodology The 2021 attorney survey was conducted in 4 cycles online beginning on May 28th, 2020. Attorneys with appearances in front of judges in each quarter were sent a sent a series of email invitations. Invitations were emailed to attorneys with appearances during the first quarter of 2020 on May 28th, 2020. Reminders were sent on June 15th and July 8th, 2020. This process was repeated among attorneys with appearances in the second quarter of 2020 with email invitations sent on August 6th, 2020 and reminders was sent on August 25th, 2020. Invitations were emailed to attorneys with appearances during the third quarter of 2020 on November 9th, 2020. Reminders sent on November 19th and December 16th, 2020. The final data collection took place in January 2021. Invitations were emailed to attorneys with appearances during the 4th quarter of 2020 on January 21st, 2021. Reminders were sent on February 4th and 11th, 2021. Invitations were sent out on request throughout the data collection process. Data collection for non-attorneys began on January 1st, 2020 and ran through the response deadline of February 15th, 2021. Survey invitations were sent via email to most non-attorneys in quarterly batches mirroring the process used for attorneys. Court staff members were also invited via email, but using a different process. To help reduce administrative burden, the way that court staff were invited was changed for this cycle. Rather than be invited to evaluate specific judges, staff are now brought to a screen showing list of all judges in their district our county and allowed to choose which to evaluate. 2021 Judicial Performance Survey Report for Judge J. Clay McKisson III 16 ## Page 17 Jurors, in addition to email, were allowed to similarly self-select via publicly posted links. The general public was also allowed to self-select via a separate public link. This survey was open for the entire data collection period and data was downloaded for analysis on February 15th, 2021. During this period 61 valid responses were received. The survey remained open and any responses received after February 15thor for judges not receiving an evaluation in 2021 were held over for the 2022 evaluation cycle. Details on the responses from each group are detailed in the table below. Table 1: Non-Attorney completes by invitation method Invitation Method Invites Sent Completes Response Rate Non-attorney email 34,758 4,018 12% Court Staff Email Invite 3,141 1,779 N/A (Self-select) Citizen Feedback Unknown 61 N/A Juror Survey Unknown 597 N/A c. Questions In the core of the survey, attorneys evaluated district and county judges on 17 aspects of judicial performance and appellate judges on 12 aspects of judicial performance using a grade scale of A, B, C, D, or F. These aspects were grouped by topic into different categories, five for district and county judges and two for appellate judges. The district and county categories were: Case Management, Application and Knowledge of Law, Communications, Demeanor, and Diligence. Questions regarding appellate judges were divided into two categories, one for general questions and one specific to their writing (only asked of those who indicated they had experience with the judge or justice’s written opinions). In a final question, respondents were asked if they thought whether the judge met judicial performance standards The question wording for the core of the survey was carried over from the 2020 administration. The questions were originally developed in 1998 to meet the criteria outlined in statute 13-5.5-101 et seq. Non-attorney respondents evaluated judges on 19 aspects of judicial performance using the same grade scale of A, B, C, D, or Fail. In a final question, respondents were asked if they thought whether the judge met judicial performance standards. The overall structure of the survey was similar to the attorney survey, but the individual rating questions were tailored to aspects that could be rated by those without specific legal experience. d. Analysis and Reporting Letter grades were converted to a numerical score where A = 4, B = 3, C = 2, D = 1 and Fail = 0 for analysis. The results include an overall grade, a grade for each category, as well as a grade for each question. The overall score is calculated by averaging the responses to all questions answered by the attorneys. This score will have the same numerical range as the individual questions from zero to four. Each category score is calculated by averaging the responses to all questions answered by the attorney within each category. This score will have the same zero to four numerical range as the individual questions. Similarly, an average score is calculated for each individual question with the exception of the final question on meeting performance standards. The overall average and category scores will be reported for each judge along with the average scores for the judge’s peers. The average score (with the exception noted above) will also be reported for each question along with the peer group score. In addition, the report will include the distribution of responses for each question, i.e. the percentage of attorneys that assigned a rating of A, B, C, D, and F. The distribution of responses is also reported for the question on interim. 2021 Judicial Performance Survey Report for Judge J. Clay McKisson III 17 ## Page 18 e. Comments At the end of each group of questions respondents had the option of leaving comments about the judge’s performance in that area. By statute, these comments are confidential and only provided to the judge and the District Commission on Judicial Performance. They are not released to the public when the rest of the report is released. 2021 Judicial Performance Survey Report for Judge J. Clay McKisson III 18 ## Page 19 Appendix 2. Survey Methodology - Appellate Judges Methodology and How to Read Results a. Response rates Invitations were sent via email to all 29 Supreme Court justices and Court of Appeals judges. Of these, 2 completed the survey and felt they had sufficient knowledge of Judge McKisson III to evaluate their performance. b. Methodology Appellate judges were surveyed to evaluate the performance of district judges standing for interim. This evaluation of district judges was conducted via an online survey hosted in the Voxco survey software. An email invitation was sent on January 21st, 2021. c. Questions Due to the large number of judges being evaluated, the district judge evaluation survey consisted of a single question pertaining to each judge. Appellate judges and justices were asked to evaluate the district judge’s overall performance as a judge on a grade scale of A-F with A being “Excellent” and F being “Fail”. In the survey, the district judges being evaluated were grouped by district with the districts presented in random order to reduce bias. d. Analysis and Reporting Letter grades were then converted to a numerical score where A = 4, B = 3, C = 2, D = 1 and Fail = 0 for analysis. The overall score is calculated by averaging the responses to all questions answered. This score will have the same numerical range as the individual questions from zero to four. The overall average will be reported for each judge along with the average scores for the judge’s peers. In addition, the report will include the distribution of responses for each question. That is, the percentage of respondents that assigned a rating of A, B, C, D, and F. e. Comments Respondents were given the option to leave supporting comments in a box next to where they graded each judge. By statute, these comments are confidential and only provided to the judge and the District Commission on Judicial Performance. They are not released to the public when the rest of the report is released. 2021 Judicial Performance Survey Report for Judge J. Clay McKisson III 19 ## Page 20 Appendix 3: Judge Response Counts by Type of Respondent Number of Undeliverable/ Cooperation Respondent Type Total Sent Completes* Responses Not Applicable Rate Attorney 175 41 0 22 54% Staff 10 0 10 - Others 28 1 0 3 - Total Non-Attorneys 28 11 - 13 - Total Respondents - 52 - 35 - *Completed surveys include respondents who said that they have sufficient experience to evaluate the judge. 2021 Judicial Performance Survey Report for Judge J. Clay McKisson III 20
    • 2022 Retention Survey Report(PDF on OJPE)
      Overall score
      3.7
      judge rating, 0–4 scale
      Attorneys recommend
      100%
      28 respondents
      Non-attorneys recommend
      92%
      respondent count not on record
      Read full retention survey textexpand
      ## Page 1 The Honorable Judge J. Clay McKisson III 2022 Judicial Performance Survey Report District Court Conducted by: 511 Congress Street, Suite 801 Portland, ME 04101 www.marketdecisions.com ## Page 2 Contents Summary of Results . 3 Overall Score . 3 Performance Scores . 4 Individual Category Scores . 5 Summary of Responses . 6 Detailed Report . 8 Case Management . 8 Application and Knowledge of Law . 9 Communications . 10 Demeanor . 11 Diligence . 12 Fairness . 13 Survey of Appellate Judges . 14 Appendix 1. Survey Methods – Attorney and Non-attorney . 15 Methodology and How to Read Results . 15 Appendix 2. Survey Methodology - Appellate Judges . 18 Methodology and How to Read Results . 18 Appendix 3: Judge Response Counts by Type of Respondent . 19 i ## Page 3 Summary of Results For Judge McKisson III, 32 individuals completed surveys with at least a single rating question answered. This report reflects these 32 responses. Respondents rated judges on various questions using an A to F scale, in which the grades were then converted to the following numerical scores: A= 4, B=3, C=2, D=1 and Fail=0. An average score of 4.0 is the highest possible score and a 0.0 is the lowest possible score. Overall Score 4 3.7 3.4 3 2 1 0 Judge McKisson III All District Judges Judge McKisson All District Judges III Overall Grade 3.7 3.4 2022 Judicial Performance Survey Report for Judge J. Clay McKisson III 3 ## Page 4 Performance Scores 100% 100% 92% 83% 79% 80% 60% 40% 20% 16% 12% 8% 4% 5% 0% Judge McKisson III All District Judges Judge McKisson III All District Judges Attorneys Non-Attorneys Yes, meets performance standards No, does not meet performance standards No opinion Attorneys Non-Attorneys Judge All Judge All McKisson District McKisson District III Judges III Judges Yes, meets 100% 83% 92% 79% performance standards No, does not meet 0% 12% 8% 16% performance standards No opinion 0% 4% 0% 5% Note: All percentages in this report are rounded to the nearest percentage point. 2022 Judicial Performance Survey Report for Judge J. Clay McKisson III 4 ## Page 5 Individual Category Scores 0.0 1.0 2.0 3.0 4.0 3.6 Case Management 3.4 3.7 Application and Knowledge of Law 3.3 3.8 Communications 3.5 3.6 Diligence 3.4 3.8 Demeanor 3.4 3.8 Fairness 3.3 Judge McKisson III All District Judges Judge All District McKisson Judges III Case Management 3.6 3.4 Application and Knowledge 3.7 3.3 of Law Communications 3.8 3.5 Diligence 3.6 3.4 Demeanor 3.8 3.4 Fairness 3.8 3.3 2022 Judicial Performance Survey Report for Judge J. Clay McKisson III 5 ## Page 6 Summary of Responses Percent Number Response with with Group Responses Rate Sufficient Sufficient Knowledge Knowledge Attorneys 28 23% 61% 17 Non- 16 - - 15 Attorneys *Some non-attorney evaluations are self-selected, making calculating a response rate impossible. The non-attorney group includes staff, jurors, litigants, and witnesses including law enforcement officers. It also includes responses provided through the open Citizen feedback survey. Judge McKisson III received 0 response(s) via the Citizen Feedback survey. Those responses are included with non-attorney results wherever applicable. However, as self-selected evaluations they cannot be included in response rates. 2022 Judicial Performance Survey Report for Judge J. Clay McKisson III 6 ## Page 7 2022 Judicial Performance Survey Report for Judge J. Clay McKisson III 7 ## Page 8 Detailed Report Case Management 0 1 2 3 4 Judge McKisson III Overall 3.6 District Judges Overall 3.4 Judge McKisson III Attorneys 3.7 Judge McKisson III Non-Attorneys 3.5 Judge Judge District Judge McKisson III Number of McKisson III Judges McKisson III Non- Responses Overall Overall Attorneys Attorneys Promptly issuing a decision on 3.5 3.4 3.5 3.4 20 the case after trial Maintaining appropriate control 3.8 3.4 3.9 3.8 29 over proceedings Promptly ruling on pre-trial 3.5 3.3 3.6 3.4 24 motions Setting reasonable schedules for 3.5 3.4 3.8 3.1 27 cases 2022 Judicial Performance Survey Report for Judge J. Clay McKisson III 8 ## Page 9 Application and Knowledge of Law 0 1 2 3 4 Judge McKisson III Overall 3.7 District Judges Overall 3.3 Judge McKisson III Attorneys 3.6 Judge McKisson III Non-Attorneys 3.7 Judge Judge District Judge McKisson III Number of McKisson III Judges McKisson III Non- Responses Overall Overall Attorneys Attorneys Being able to identify and 3.7 3.3 3.6 3.8 30 analyze relevant facts Basing decisions on evidence 3.6 3.2 3.6 N/A 16 and arguments Issuing consistent sentences when the circumstances are 3.5 3.3 3.5 N/A 12 similar Consistently applying laws and 3.7 3.3 3.7 N/A 16 rules Giving reasons for rulings 3.7 3.2 N/A 3.7 14 Willing to make decisions without regard to possible 3.7 3.3 N/A 3.7 14 outside pressure 2022 Judicial Performance Survey Report for Judge J. Clay McKisson III 9 ## Page 10 Communications 0 1 2 3 4 Judge McKisson III Overall 3.8 District Judges Overall 3.5 Judge McKisson III Attorneys 3.7 Judge McKisson III Non-Attorneys 3.9 Judge Judge District Judge McKisson III Number of McKisson III Judges McKisson III Non- Responses Overall Overall Attorneys Attorneys Making sure all participants 3.9 3.5 3.9 3.9 30 understand the proceedings Providing written communications that are clear, 3.5 3.3 3.5 N/A 16 thorough and well-reasoned Using language that everyone 3.8 3.6 N/A 3.8 14 can understand Speaking clearly so everyone in the courtroom can hear what’s 3.9 3.6 N/A 3.9 14 being said 2022 Judicial Performance Survey Report for Judge J. Clay McKisson III 10 ## Page 11 Demeanor 0 1 2 3 4 Judge McKisson III Score 3.8 District Judges Overall 3.4 Judge McKisson III Attorneys 3.8 Judge McKisson III Non-Attorneys 3.8 Judge Judge District Judge McKisson III Number of McKisson III Judges McKisson III Non- Responses Score Overall Attorneys Attorneys Giving proceedings a sense of dignity 3.8 3.5 3.8 3.9 30 Treating participants with respect 3.8 3.4 3.8 3.8 30 Having a sense of compassion and human understanding for those who 3.8 3.2 N/A 3.8 14 appear before him/her 2022 Judicial Performance Survey Report for Judge J. Clay McKisson III 11 ## Page 12 Diligence 0 1 2 3 4 Judge McKisson III Score 3.6 District Judges Overall 3.4 Judge McKisson III Attorneys 3.7 Judge McKisson III Non-Attorneys 3.6 Judge Judge District Judge McKisson III Number of McKisson III Judges McKisson III Non- Responses Score Overall Attorneys Attorneys Using good judgment in application of relevant law and 3.6 3.2 3.6 N/A 16 rules Being willing to handle cases on the docket even when they are 3.7 3.4 3.7 N/A 12 complicated and time consuming Doing the necessary “homework” and being prepared 3.8 3.4 3.8 N/A 16 for cases Beginning court on time. 3.4 3.5 N/A 3.4 14 Maintaining appropriate control 3.7 3.5 N/A 3.7 14 over proceedings Setting reasonable schedules for 3.4 3.4 N/A 3.4 13 cases Being prepared for cases. 3.8 3.4 N/A 3.8 14 Managing court proceedings so 3.6 3.4 N/A 3.6 13 that there is little wasted time 2022 Judicial Performance Survey Report for Judge J. Clay McKisson III 12 ## Page 13 Fairness 0.0 1.0 2.0 3.0 4.0 Judge McKisson III Score 3.8 District Judges Overall 3.3 Judge McKisson III Attorneys 3.8 Judge McKisson III Non-Attorneys 3.8 Judge Judge Judge District Number of McKisson III McKisson III McKisson III Judges Overall Responses Score Attorneys Non-Attorneys Giving participants an 3.8 3.3 N/A 3.8 13 opportunity to be heard Treating those involved 3.8 3.2 N/A 3.8 14 in the case without bias Treating fairly people who represent 4.0 3.3 N/A 4.0 11 themselves Giving each side enough time to present his or her 3.7 3.3 N/A 3.7 14 case Conducting their courtroom in a neutral 3.8 3.3 3.8 3.7 30 manner. Being fair and impartial 3.9 3.3 3.9 N/A 16 to both sides. 2022 Judicial Performance Survey Report for Judge J. Clay McKisson III 13 ## Page 14 Survey of Appellate Judges For Judge McKisson III 1 appellate judges agreed they had worked with Judge McKisson III enough to evaluate their performance. 0.0 1.0 2.0 3.0 4.0 Judge McKisson III Score 3.0 District Judges Overall 3.7 Judge McKisson III District Judges Number of Score Overall Responses Overall performance as a judge 3.0 3.7 1 2022 Judicial Performance Survey Report for Judge J. Clay McKisson III 14 ## Page 15 Appendix 1. Survey Methods – Attorney and Non- attorney Methodology and How to Read Results For Judge McKisson III, 32 individuals completed surveys with at least a single rating question answered. This report reflects these 32 responses. The survey results are divided into eight sections: Case Management, Application and Knowledge of Law, Communications, Demeanor, Diligence, Fairness, Strengths, and Weaknesses. a. Response rates Attorneys During the administration, a total of 89,078 survey invitations were sent to 10,845 attorneys inviting them to evaluate judges and justices receiving reports in 2022. On average, each attorney was asked to evaluate 8.2 judges. In total 9,005 surveys were completed with an additional 9,895 responses where the attorney indicated that they did not have enough experience with the judge to be comfortable evaluating him or her. The response rate for the survey was 10% and the survey completion rate (the number of those familiar indicating they did not have sufficient familiarity to evaluate the judge) was 21%. Non-attorneys The 2022 administration expanded on contacting non-attorneys electronically. More non-attorney email addresses became available due to administrative changes in the courts. In total 86,758 non-attorneys were invited via email. Some non-attorney groups could self-select which judges they would like to evaluate. Court staff members were emailed a link that allowed them to self-select the judges wished to evaluate in their county or district. Jurors, in addition to email, could similarly self-select via publicly posted links. The public was also allowed to self-select via a separate public link. These methods allowed us to gather more data than previous cycles, however the inclusion of self-selected evaluations makes it impossible to calculate a response rate. In total 5,463 surveys were completed with an additional 2,466 responses where the respondent indicated that they did not have enough experience with the judge to be comfortable providing an evaluation. b. Methodology The 2022 attorney survey was conducted in 4 cycles online beginning on June 15th, 2021. Attorneys with appearances in front of judges in each quarter were sent a sent a series of email invitations. Invitations were emailed to attorneys with appearances during the first quarter of 2021 on June 15th, 2021. Reminders were sent on June 30th and July 9th, 2021. This process was repeated among attorneys with appearances in the second quarter of 2021 with email invitations sent on August 23rd, 2021 and reminders was sent on September 2nd, 2021 and September 14th, 2021. Invitations were emailed to attorneys with appearances during the third quarter of 2021 on November 9th, 2021. Reminders sent on November 18th and December 2nd, 2021. The final data collection took place in January 2022. Invitations were emailed to attorneys with appearances during the 4th quarter of 2021 on January 19th, 2022. Reminders were sent on January 28th, February 2nd and 12th, 2022. Invitations were sent out on request throughout the data collection process. 2022 Judicial Performance Survey Report for Judge J. Clay McKisson III 15 ## Page 16 Data collection for non-attorneys began on January 1st, 2021 and ran through the response deadline of February 28th, 2022. Survey invitations were sent via email to most non-attorneys in quarterly batches mirroring the process used for attorneys. Court staff members were also invited via email but using a different process. To help reduce administrative burden, the way that court staff were invited was changed for this cycle. Rather than be invited to evaluate specific judges, staff are now brought to a screen showing list of all judges in their district our county and allowed to choose which to evaluate. Jurors, in addition to email, were allowed to similarly self-select via publicly posted links. The general public was also allowed to self-select via a separate public link. This survey was open for the entire data collection period and data was downloaded for analysis on February 28th, 2022. During this period 938 valid responses were received. The survey remained open and any responses received after February 28th or for judges not receiving an evaluation in 2022 were held over for the 2023 evaluation cycle. Details on the responses from each group are detailed in the table below. Table 1: Non-Attorney completes by invitation method Invitation Method Invites Sent Completes Response Rate Non-attorney email 90,845 6,068 7% Court Staff Email Invite 3,471 1,861 N/A (Self-select) Citizen Feedback Unknown 220 N/A Juror Survey Unknown 938 N/A c. Questions In the core of the survey, attorneys evaluated district and county judges on 17 aspects of judicial performance and appellate judges on 12 aspects of judicial performance using a grade scale of A, B, C, D, or F. These aspects were grouped by topic into different categories, five for district and county judges and two for appellate judges. The district and county categories were: Case Management, Application and Knowledge of Law, Communications, Demeanor, Diligence and fairness. Questions regarding appellate judges were divided into two categories, one for general questions and one specific to their writing (only asked of those who indicated they had experience with the judge or justice’s written opinions). In a final question, respondents were asked if they thought whether the judge met judicial performance standards The question wording for the core of the survey was carried over from the 2021 administration. The questions were originally developed in 1998 to meet the criteria outlined in statute 13-5.5-101 et seq. Non-attorney respondents evaluated judges on 23 aspects of judicial performance using the same grade scale of A, B, C, D, or Fail. In a final question, respondents were asked if they thought whether the judge met judicial performance standards. The overall structure of the survey was similar to the attorney survey, but the individual rating questions were tailored to aspects that could be rated by those without specific legal experience. d. Analysis and Reporting Letter grades were converted to a numerical score where A = 4, B = 3, C = 2, D = 1 and Fail = 0 for analysis. The results include an overall grade, a grade for each category, as well as a grade for each question. The overall score is calculated by averaging the responses to all questions answered by the attorneys. This score will have the same numerical range as the individual questions from zero to four. Each category score is calculated by averaging the responses to all questions answered by the attorney within each category. This score will have the same zero to four numerical range as the individual questions. Similarly, 2022 Judicial Performance Survey Report for Judge J. Clay McKisson III 16 ## Page 17 an average score is calculated for each individual question with the exception of the final question on meeting performance standards. The overall average and category scores will be reported for each judge along with the average scores for the judge’s peers. The average score (with the exception noted above) will also be reported for each question along with the peer group score. In addition, the report will include the distribution of responses for each question, i.e. the percentage of attorneys that assigned a rating of A, B, C, D, and F. The distribution of responses is also reported for the question on retention. e. Comments At the end of each group of questions respondents had the option of leaving comments about the judge’s performance in that area. By statute, these comments are confidential and only provided to the judge and the District Commission on Judicial Performance. They are not released to the public when the rest of the report is released. 2022 Judicial Performance Survey Report for Judge J. Clay McKisson III 17 ## Page 18 Appendix 2. Survey Methodology - Appellate Judges Methodology and How to Read Results a. Response rates Invitations were sent via email to all 39 Supreme Court justices and Court of Appeals judges. Of these, 1 completed the survey and felt they had sufficient knowledge of Judge McKisson III to evaluate their performance. b. Methodology Appellate judges were surveyed to evaluate the performance of district judges standing for retention. This evaluation of district judges was conducted via an online survey hosted in the Voxco survey software. An email invitation was sent on January 21st, 2022. c. Questions Due to the large number of judges being evaluated, the district judge evaluation survey consisted of a single question pertaining to each judge. Appellate judges and justices were asked to evaluate the district judge’s overall performance as a judge on a grade scale of A-F with A being “Excellent” and F being “Fail”. In the survey, the district judges being evaluated were grouped by district with the districts presented in random order to reduce bias. d. Analysis and Reporting Letter grades were then converted to a numerical score where A = 4, B = 3, C = 2, D = 1 and Fail = 0 for analysis. The overall score is calculated by averaging the responses to all questions answered. This score will have the same numerical range as the individual questions from zero to four. The overall average will be reported for each judge along with the average scores for the judge’s peers. In addition, the report will include the distribution of responses for each question. That is, the percentage of respondents that assigned a rating of A, B, C, D, and F. e. Comments Respondents were given the option to leave supporting comments in a box next to where they graded each judge. By statute, these comments are confidential and only provided to the judge and the District Commission on Judicial Performance. They are not released to the public when the rest of the report is released. 2022 Judicial Performance Survey Report for Judge J. Clay McKisson III 18 ## Page 19 Appendix 3: Judge Response Counts by Type of Respondent Number of Cooperation Respondent Type Total Sent Completes* Responses Rate Attorney 120 28 17 61% Staff - 8 8 - Others 51 6 5 83% Juror - 2 2 - Citizen Feedback - 0 0 Total Non-Attorneys - 16 15 - Total Respondents - 44 32 - *Completed surveys include respondents who said that they have sufficient experience to evaluate the judge. 2022 Judicial Performance Survey Report for Judge J. Clay McKisson III 19

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