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John N. McMullen

Trial Court · Denver · Denver

Meets Standards(Retain)3 cycles on record

Evaluation history

  • 2004 retention cycle
    Trial Court · Denver · Denver
    Meets Standards(Retain)
    VotersRetained· 73.7% yes
    106,809 yes · 38,090 no50% needed to retain
    Retention Year: 2004 Recommendation: Retain Reports: 2004 Retention Survey Report Need an accessible PDF Document version? Please click on the link below and email our staff Contact Us The Second Judicial District Commission on Judicial Performance unanimously recommends that Judge John N. McMullen BE RETAINED, with one abstention. Judge McMullen graduated from the University of Colorado Law School after receiving his undergraduate degree at the United States Military Academy (West Point). Before being appointed as a district judge in August 1983, Judge McMullen served eleven years in Denver District Attorney's Office and less than two years with a private firm, primarily defending insurance claims. Judge McMullen's assignment since 2000 has been in the civil division. Based on observation of Judge McMullen's performance on the bench, and review of written opinions, together with a review of survey results and his self evaluation, the Commission finds that Judge McMullen's work as a district judge over the past 20 years has been exemplary. The Commission considered written questionnaires completed by attorneys and non-attorneys who have appeared in Judge McMullen's court. The Commission also considered a written self-evaluation completed by Judge McMullen, and conducted a personal interview with him. Judge McMullen generally received high marks from those completing the surveys. Of the attorneys, 87% recommended that he be retained, and 13% recommended that he not be retained. Of the non-attorneys, 96% recommended that he be retained, and 3% recommended that he not be retained.
  • 1998 retention cycle
    Trial Court · Denver · Denver
    Meets Standards(Retain)
    VotersRetained· 73.0% yes
    79,994 yes · 29,573 no50% needed to retain
    Retention Year: 1998 Recommendation: Retain The Second Judicial District Commission on Judicial Performance recommends that Judge John N. McMullen BE RETAINED. Judge McMullen graduated from the University of Colorado Law School after receiving his undergraduate degree at West Point. Before being appointed as a district judge in August 1983, Judge McMullen spent eleven years in the Denver district attorney's office and less than two years with a firm primarily defending insurance claims. Judge McMullen's current assignment is in the criminal division. Based on observation of Judge McMullen's performance on the bench, and review of written opinions, together with a review of survey results and his self-evaluation, the Commission finds that Judge McMullen's work as a district judge over the past fifteen years has been exemplary. In survey results, attorneys voted 78.1% to retain, 15.6% not to retain, and 6.3% had no opinion. Law enforcement officers voted 95.8% to retain and 4.2% not to retain. Jurors voted 92.8% to retain, 3.6% had no opinion and 3.6% voted not to retain.
  • 1992 retention cycle
    Trial Court · Denver · Denver
    Meets Standards(Retain)
    VotersRetained· 74.9% yes
    78,349 yes · 26,239 no50% needed to retain
    Retention Year: 1992 Recommendation: Retain Judge John N. McMullen graduate from the U.S. Military Academy (West Point) in 1963 with a degree in engineering. He graduated from the University of Colorado School of Law in June 1971, and was admitted to the Colorado Bar in October of that year. Judge McMullen is currently Chief Judge of the Denver District Court. He was appointed to that position in 1987 by former Chief Justice Joseph Quinn. In his capacity as Chief Judge, he oversees the administration of the Denver District Court which has 20 judges. In addition to his administrative duties, Judge McMullen presides over the State Grand Jury. He also maintains a civil docket and hears miscellaneous legal matters, including foreign judgments, appeals from arbitrator’s decisions, and petitions for temporary restraining orders. Prior to his appointment to the judiciary, Judge McMullen served as a Deputy District Attorney in Denver from 1971 until 1982. After one year of private practice, he was appointed to the Denver District Court. Before assuming his position of Chief Judge of the Court, Judge McMullen was assigned to hear criminal, domestic relations and civil matters. The Commission interviewed representatives from the Denver Probation Department, Public Defender’s office, Denver City Attorney’s office and private attorneys who have appeared before Judge McMullen. The unanimous consensus of all those interviewed was that Judge McMullen is one of the best judge on the Denver District Court. Questionnaires collected by the Commission from attorneys, litigants, courthouse staff, and former jurors who had experience with Judge McMullen echoed the opinions express by those interviewed. Respondents were uniformly impressed with Judge McMullen’s intellect, legal knowledge, judicial temperament, docket administration, interpersonal skills and equitable treatment of court participants. The 2nd Judicial District Commission on Judicial Performance recommends that Judge John N. McMullen be retained.

Surveys & reports

  • 2004 cycle
    • 2004 Retention Survey Report(PDF on OJPE)
      Read full retention survey textexpand
      ## Page 1 State of Colorado Logo COMMISSION ON JUDICIAL PERFORMANCE 2004 Judicial Performance Survey TThhee HHoonnoorraabbllee JJoohhnn MM.. MMccMMuulllleenn ## Page 2 March 22, 2004 The Honorable John M. McMullen District Judge, 2nd Judicial District City & County Bldg. 1437 Bannock St., Room 256 Denver, Co. 80202 Dear Judge McMullen: 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 2004 survey was conducted by Talmey-Drake Research & Strategy, Inc., who attempted to contact over 35,000 people who had been in these courtrooms in one capacity or another. Over 10,000 people responded—3,683 to the attorney survey and 6,330 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 as required by the recent rule changes) , 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 The Honorable John M. McMullen March 22, 2004 Page 2 If you have any questions about the methodology and how the survey was conducted, please feel free to contact me at 303-443-5300, and for any other questions you might have about the survey please call the Director of the Colorado Judicial Performance Program, Michelle Stermer, at 303-837-3665. Best regards, Paul A. Talmey President enc: ## Page 4 Judge John N. McMullen Attorney Survey Average Grades: Overall and by Section 3.4 Overall Average 3.3 3.3 3.5 Q1. Overall Case 3.3 Management 3.3 3.4 Q2. Overall App & 3.2 Knowldge of Law 3.2 3.5 Q3. Overall 3.5 Communications 3.5 3.5 Q4. Overall Demeanor 3.4 3.4 3.4 Q5. Overall Diligence 3.2 3.3 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade John N. McMullen All District Judges All Trial Judges Judicial Performance Survey 2004 Page 1 ## Page 5 Judge John N. McMullen Attorney Survey Average Grades: Case Management 3.5 Q1. Overall Case Management 3.3 3.3 3.6 1a. Promptly making rulings 3.4 during trial 3.5 3.7 1b. Beginning court on time 3.4 3.4 3.6 1c. Allotting appropriate 3.3 amount of time for cases 3.3 3.6 1d. Keeping cases moving 3.3 according to schedule 3.3 3.2 1e. Assisting parties to reach 3 agreement 3 3.5 1f. Maintaining appropriate 3.4 control over proceedings 3.4 3.1 1g. Promptly ruling on pre-trial 3.1 motions 3.2 3.5 1h. Promptly issuing a 3.3 decision on the case after trial 3.4 3.5 1i. Setting reasonable 3.2 schedules for cases 3.3 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade John N. McMullen All District Judges All Trial Judges Judicial Performance Survey 2004 Page 2 ## Page 6 Judge John N. McMullen Attorney Survey Average Grades: Application and Knowledge of Law 3.4 Q2. Overall App & Knowldge of 3.2 Law 3.2 3.3 2a. Basing decisions on 3.2 evidence and arguments 3.2 3.4 2b. Giving reasons for rulings 3.2 3.3 3.2 2c. Issuing written findings of 3.1 fact and law 3.1 2.9 2d. Willing to reconsider error 2.9 in fact or law 2.9 3.4 2e. Having knowledge of 3.2 relevant substantive law 3.2 3.6 2f. Having knowledge of rules 3.3 of procedure and evidence 3.3 3.5 2g. Being able to identify and 3.3 analyze relevant facts 3.3 2h. Issuing consistent 3.8 sentences when the 3.1 circumstances are similar 3.2 2i. Willing to make decision 3.4 without regard to possible 3.3 criticism 3.3 3.5 2j. Making decisions without 3.4 fear of being appealed 3.4 1.0 1.5 2.0 2.5 3.0 3.5 4.0 John N. McMullen Average Grade All District Judges All Trial Judges Judicial Performance Survey 2004 Page 3 ## Page 7 Judge John N. McMullen Attorney Survey Average Grades: Communications 3.5 Q3. Overall Communications 3.5 3.5 3.6 3a. Speaking clearly 3.6 3.6 3.5 3b. Making sure all participants understand the 3.5 proceedings 3.5 3.6 3c. Using understandable 3.6 language 3.6 3.3 3d. Providing written communications that are 3.3 clear, thorough and well reasoned 3.3 1.0 1.5 2.0 2.5 3.0 3.5 4.0 John N. McMullen Average Grade All District Judges All Trial Judges Judicial Performance Survey 2004 Page 4 ## Page 8 Judge John N. McMullen Attorney Survey Average Grades: Demeanor 3.5 Q4. Overall Demeanor 3.4 3.4 3.6 4a. Giving proceedings a 3.5 sense of dignity 3.5 3.4 4b. Treating everyone 3.4 involved politely 3.4 3.2 4c. Having empathy with the 3.2 parties involved 3.2 3.5 4d. Treating participants with 3.4 respect 3.4 3.4 4e. Presenting a neutral 3.3 presence on the bench 3.3 3.6 4f. Being consistent in his/her 3.3 behavior 3.3 4g. Conducting his/her 3.4 courtroom in a neutral 3.4 manner 3.3 3.6 4h. Giving all participants an 3.4 opportunity to be heard 3.4 3.4 4i. Consistently applying laws 3.3 and rules 3.3 3.7 4j. Not engaging in ex parte 3.6 communications 3.6 3.7 4k. Treating pro se parties 3.6 fairly 3.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 John N. McMullen Average Grade All District Judges All Trial Judges Judicial Performance Survey 2004 Page 5 ## Page 9 Judge John N. McMullen Attorney Survey Average Grades: Diligence 3.4 Q5. Overall Diligence 3.2 3.2 3.4 5a. Making tough decisions 3.3 when necessary 3.3 3.3 5b. Using good judgment in application of relevant law and 3.2 rules 3.2 3.4 5c. Doing the necessary "homework" and being 3.2 prepared for his/her cases 3.2 5d. Being willing to handle 3.5 cases on the docket even when they are 3.3 complicatedand time consuming 3.3 3.5 5e. Providing prompt access to the court in emergency 3.3 matters 3.3 1.0 1.5 2.0 2.5 3.0 3.5 4.0 John N. McMullen All District Judges Average Grade All Trial Judges Judicial Performance Survey 2004 Page 6 ## Page 10 Judge John N. McMullen Attorney Survey Q6. Average: How biased do you think Judge McMullen is toward the defense or prosecution? John N. 0 McMullen All District 0.6 Judges All Trial Judges 0.7 5 4 3 2 1 0 1 2 3 4 5 ç Defense Prosecution è Judicial Performance Survey 2004 Page 7 ## Page 11 Judge John N. McMullen Attorney Survey Q7. Average: How lenient or how harsh are Judge McMullen's sentences? John N. 0 McMullen All District 0.3 Judges All Trial Judges 0.4 5 4 3 2 1 0 1 2 3 4 5 ç Lenient Harsh è Judicial Performance Survey 2004 Page 8 ## Page 12 Judge John N. McMullen Attorney Survey Retention Recommendation 90% 80% 79% 80% 74%74% 70%70% 70% 60% 50% 40% 30% 20% 16% 15% 15% 14% 9% 9% 10% 7% 7% 7% 6%6% 6% 5%5% 4%4%4% 4%4%4% 2% 0% Str o n gl y n ot r et ai n m e w h at n ot r et ai n U n d e ci d e d S o m e w h at r et ai n Str o n gl y r et ai n Str o n gl y n ot r et ai n m e w h at n ot r et ai n S o m e w h at r et ai n Str o n gl y r et ai n o o S S Judge McMullen Including Undecided Excluding Undecided All District Judges All Trial Judges Judicial Performance Survey 2004 Page 9 ## Page 13 Judge John N. McMullen Attorney Survey 1a. How would you grade Judge McMullen on "Promptly making rulings during trial?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 61% 51% 51% B 21% 25% 24% C 4% 7% 6% D 4% 1% 1% Fail 1% 1% No Grade 11% 15% 17% Average 3.6 3.4 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2004 Page 1 ## Page 14 Judge John N. McMullen Attorney Survey 1b. How would you grade Judge McMullen on "Beginning court on time?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 70% 55% 54% B 25% 28% 29% C 9% 9% D 2% 3% 3% Fail 1% 1% No Grade 4% 5% 4% Average 3.7 3.4 3.4 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 2 ## Page 15 Judge John N. McMullen Attorney Survey 1c. How would you grade Judge McMullen on "Allotting appropriate amount of time for cases?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 64% 48% 49% B 23% 30% 30% C 9% 10% 10% D 3% 3% Fail 2% 1% No Grade 4% 6% 6% Average 3.6 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2004 Page 3 ## Page 16 Judge John N. McMullen Attorney Survey 1d. How would you grade Judge McMullen on "Keeping cases moving according to schedule?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 69% 49% 50% B 20% 30% 30% C 5% 10% 10% D 4% 4% 4% Fail 2% 1% No Grade 2% 6% 5% Average 3.6 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2004 Page 4 ## Page 17 Judge John N. McMullen Attorney Survey 1e. How would you grade Judge McMullen on "Assisting parties to reach agreement?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 36% 27% 25% B 23% 20% 18% C 9% 11% 10% D 2% 4% 4% Fail 4% 3% 2% No Grade 26% 35% 41% Average 3.2 3 3 Letter Grade B B B Judicial Performance Survey 2004 Page 5 ## Page 18 Judge John N. McMullen Attorney Survey 1f. How would you grade Judge McMullen on "Maintaining appropriate control over proceedings?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 70% 58% 58% B 16% 27% 27% C 9% 8% 8% D 4% 2% 2% Fail 2% 1% No Grade 2% 3% 3% Average 3.5 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2004 Page 6 ## Page 19 Judge John N. McMullen Attorney Survey 1g. How would you grade Judge McMullen on "Promptly ruling on pre-trial motions?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 47% 37% 39% B 21% 27% 24% C 9% 12% 10% D 11% 5% 4% Fail 2% 3% 2% No Grade 11% 16% 21% Average 3.1 3.1 3.2 Letter Grade B B B Judicial Performance Survey 2004 Page 7 ## Page 20 Judge John N. McMullen Attorney Survey 1h. How would you grade Judge McMullen on "Promptly issuing a decision on the case after trial?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 60% 42% 44% B 19% 22% 21% C 7% 8% 7% D 3% 2% Fail 2% 2% 2% No Grade 12% 23% 24% Average 3.5 3.3 3.4 Letter Grade B+ B B+ Judicial Performance Survey 2004 Page 8 ## Page 21 Judge John N. McMullen Attorney Survey 1i. How would you grade Judge McMullen on "Setting reasonable schedules for cases?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 63% 45% 47% B 21% 30% 30% C 12% 11% 10% D 3% 3% Fail 2% 2% No Grade 4% 8% 8% Average 3.5 3.2 3.3 Letter Grade B+ B B Judicial Performance Survey 2004 Page 9 ## Page 22 Judge John N. McMullen Attorney Survey 2a. How would you grade Judge McMullen on "Basing decisions on evidence and arguments?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 61% 48% 49% B 19% 28% 27% C 4% 10% 10% D 5% 5% Fail 11% 3% 3% No Grade 5% 5% 6% Average 3.3 3.2 3.2 Letter Grade B B B Judicial Performance Survey 2004 Page 10 ## Page 23 Judge John N. McMullen Attorney Survey 2b. How would you grade Judge McMullen on "Giving reasons for rulings?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 61% 50% 51% B 19% 27% 27% C 5% 11% 10% D 5% 5% 5% Fail 4% 3% 2% No Grade 5% 5% 5% Average 3.4 3.2 3.3 Letter Grade B+ B B Judicial Performance Survey 2004 Page 11 ## Page 24 Judge John N. McMullen Attorney Survey 2c. How would you grade Judge McMullen on "Issuing written findings of fact and law?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 52% 32% 27% B 15% 20% 17% C 11% 10% 9% D 6% 4% 3% Fail 4% 2% 2% No Grade 13% 32% 42% Average 3.2 3.1 3.1 Letter Grade B B B Judicial Performance Survey 2004 Page 12 ## Page 25 Judge John N. McMullen Attorney Survey 2d. How would you grade Judge McMullen on "Willing to reconsider error in fact or law?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 41% 26% 26% B 18% 20% 20% C 11% 10% 11% D 2% 5% 5% Fail 11% 4% 4% No Grade 18% 34% 34% Average 2.9 2.9 2.9 Letter Grade B- B- B- Judicial Performance Survey 2004 Page 13 ## Page 26 Judge John N. McMullen Attorney Survey 2e. How would you grade Judge McMullen on "Having knowledge of relevant substantive law?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 60% 45% 46% B 25% 32% 31% C 4% 12% 11% D 5% 4% 4% Fail 4% 2% 2% No Grade 4% 5% 5% Average 3.4 3.2 3.2 Letter Grade B+ B B Judicial Performance Survey 2004 Page 14 ## Page 27 Judge John N. McMullen Attorney Survey 2f. How would you grade Judge McMullen on "Having knowledge of rules of procedure and evidence?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 68% 53% 52% B 19% 29% 29% C 7% 10% 9% D 2% 3% 3% Fail 1% 1% No Grade 4% 4% 5% Average 3.6 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2004 Page 15 ## Page 28 Judge John N. McMullen Attorney Survey 2g. How would you grade Judge McMullen on "Being able to identify and analyze relevant facts?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 68% 51% 51% B 14% 28% 28% C 7% 11% 10% D 4% 3% 4% Fail 4% 2% 2% No Grade 4% 5% 5% Average 3.5 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2004 Page 16 ## Page 29 Judge John N. McMullen Attorney Survey 2h. How would you grade Judge McMullen on "Issuing consistent sentences when the circumstances are similar?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 21% 18% 27% B 5% 13% 17% C 5% 6% D 2% 2% Fail 1% 2% No Grade 74% 62% 46% Average 3.8 3.1 3.2 Letter Grade A- B B Judicial Performance Survey 2004 Page 17 ## Page 30 Judge John N. McMullen Attorney Survey 2i. How would you grade Judge McMullen on "Willing to make decision without regard to possible criticism?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 54% 47% 47% B 20% 22% 23% C 5% 8% 8% D 2% 3% 3% Fail 4% 2% 2% No Grade 16% 18% 17% Average 3.4 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2004 Page 18 ## Page 31 Judge John N. McMullen Attorney Survey 2j. How would you grade Judge McMullen on "Making decisions without fear of being appealed?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 59% 48% 48% B 20% 22% 22% C 4% 7% 7% D 2% 3% 3% Fail 2% 2% 2% No Grade 14% 19% 18% Average 3.5 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2004 Page 19 ## Page 32 Judge John N. McMullen Attorney Survey 3a. How would you grade Judge McMullen on "Speaking clearly?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 68% 65% 67% B 21% 24% 23% C 9% 6% 6% D 2% 1% Fail 1% 1% No Grade 2% 2% 2% Average 3.6 3.6 3.6 Letter Grade B+ B+ B+ Judicial Performance Survey 2004 Page 20 ## Page 33 Judge John N. McMullen Attorney Survey 3b. How would you grade Judge McMullen on "Making sure all participants understand the proceedings?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 57% 62% 64% B 32% 25% 23% C 7% 8% 7% D 1% 2% Fail 1% 1% No Grade 4% 4% 3% Average 3.5 3.5 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2004 Page 21 ## Page 34 Judge John N. McMullen Attorney Survey 3c. How would you grade Judge McMullen on "Using understandable language?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 67% 65% 67% B 25% 25% 24% C 5% 5% 6% D 1% 1% Fail 0% 0% No Grade 2% 2% 2% Average 3.6 3.6 3.6 Letter Grade B+ B+ B+ Judicial Performance Survey 2004 Page 22 ## Page 35 Judge John N. McMullen Attorney Survey 3d. How would you grade Judge McMullen on "Providing written communications that are clear, thorough and well reasoned?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 61% 48% 47% B 20% 24% 24% C 9% 9% D 11% 3% 3% Fail 4% 2% 2% No Grade 4% 14% 14% Average 3.3 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2004 Page 23 ## Page 36 Judge John N. McMullen Attorney Survey 4a. How would you grade Judge McMullen on "Giving proceedings a sense of dignity?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 74% 63% 63% B 16% 22% 23% C 5% 7% 7% D 2% 3% 3% Fail 2% 2% 2% No Grade 2% 2% 2% Average 3.6 3.5 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2004 Page 24 ## Page 37 Judge John N. McMullen Attorney Survey 4b. How would you grade Judge McMullen on "Treating everyone involved politely?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 63% 63% 63% B 26% 20% 20% C 2% 7% 8% D 2% 4% 4% Fail 5% 4% 4% No Grade 2% 2% 2% Average 3.4 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2004 Page 25 ## Page 38 Judge John N. McMullen Attorney Survey 4c. How would you grade Judge McMullen on "Having empathy with the parties involved?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 50% 51% 51% B 30% 24% 24% C 5% 11% 11% D 4% 4% 5% Fail 5% 3% 3% No Grade 5% 6% 6% Average 3.2 3.2 3.2 Letter Grade B B B Judicial Performance Survey 2004 Page 26 ## Page 39 Judge John N. McMullen Attorney Survey 4d. How would you grade Judge McMullen on "Treating participants with respect?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 66% 61% 62% B 20% 22% 21% C 5% 8% 8% D 5% 4% 4% Fail 2% 3% 3% No Grade 2% 2% 2% Average 3.5 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2004 Page 27 ## Page 40 Judge John N. McMullen Attorney Survey 4e. How would you grade Judge McMullen on "Presenting a neutral presence on the bench?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 64% 59% 58% B 20% 23% 23% C 5% 9% 9% D 4% 3% 4% Fail 5% 3% 3% No Grade 2% 3% 3% Average 3.4 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2004 Page 28 ## Page 41 Judge John N. McMullen Attorney Survey 4f. How would you grade Judge McMullen on "Being consistent in his/her behavior?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 66% 57% 58% B 21% 23% 23% C 5% 8% 9% D 4% 4% 3% Fail 3% 3% No Grade 4% 4% 4% Average 3.6 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2004 Page 29 ## Page 42 Judge John N. McMullen Attorney Survey 4g. How would you grade Judge McMullen on "Conducting his/her courtroom in a neutral manner?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 70% 59% 59% B 14% 22% 23% C 5% 8% 9% D 4% 3% 4% Fail 5% 3% 3% No Grade 2% 3% 3% Average 3.4 3.4 3.3 Letter Grade B+ B+ B Judicial Performance Survey 2004 Page 30 ## Page 43 Judge John N. McMullen Attorney Survey 4h. How would you grade Judge McMullen on "Giving all participants an opportunity to be heard?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 71% 63% 62% B 16% 23% 23% C 5% 7% 7% D 5% 3% 3% Fail 2% 2% No Grade 2% 2% 3% Average 3.6 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2004 Page 31 ## Page 44 Judge John N. McMullen Attorney Survey 4i. How would you grade Judge McMullen on "Consistently applying laws and rules?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 67% 52% 53% B 15% 24% 24% C 5% 10% 10% D 2% 4% 4% Fail 7% 3% 3% No Grade 4% 6% 6% Average 3.4 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2004 Page 32 ## Page 45 Judge John N. McMullen Attorney Survey 4j. How would you grade Judge McMullen on "Not engaging in ex parte communications?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 67% 58% 56% B 11% 16% 17% C 2% 4% 4% D 1% 1% Fail 2% 2% 1% No Grade 18% 20% 20% Average 3.7 3.6 3.6 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 33 ## Page 46 Judge John N. McMullen Attorney Survey 4k. How would you grade Judge McMullen on "Treating pro se parties fairly?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 30% 40% 45% B 13% 14% 15% C 3% 4% D 1% 1% Fail 1% 2% No Grade 57% 42% 33% Average 3.7 3.6 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 34 ## Page 47 Judge John N. McMullen Attorney Survey 5a. How would you grade Judge McMullen on "Making tough decisions when necessary?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 60% 48% 47% B 16% 24% 25% C 5% 10% 10% D 4% 3% 3% Fail 4% 2% 2% No Grade 11% 13% 14% Average 3.4 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2004 Page 35 ## Page 48 Judge John N. McMullen Attorney Survey 5b. How would you grade Judge McMullen on "Using good judgment in application of relevant law and rules?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 63% 47% 48% B 18% 28% 28% C 5% 11% 11% D 7% 5% 5% Fail 5% 4% 3% No Grade 2% 4% 5% Average 3.3 3.2 3.2 Letter Grade B B B Judicial Performance Survey 2004 Page 36 ## Page 49 Judge John N. McMullen Attorney Survey 5c. How would you grade Judge McMullen on "Doing the necessary "homework" and being prepared for his/her cases?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 66% 47% 47% B 18% 27% 27% C 4% 11% 11% D 7% 4% 4% Fail 2% 3% 3% No Grade 4% 7% 9% Average 3.4 3.2 3.2 Letter Grade B+ B B Judicial Performance Survey 2004 Page 37 ## Page 50 Judge John N. McMullen Attorney Survey 5d. How would you grade Judge McMullen on "Being willing to handle cases on the docket even when they are complicatedand time consuming?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 64% 46% 47% B 15% 22% 22% C 2% 8% 8% D 5% 4% 3% Fail 2% 3% 2% No Grade 13% 18% 17% Average 3.5 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2004 Page 38 ## Page 51 Judge John N. McMullen Attorney Survey 5e. How would you grade Judge McMullen on "Providing prompt access to the court in emergency matters?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 40% 36% 37% B 18% 17% 16% C 4% 7% 6% D 2% 2% Fail 2% 2% 2% No Grade 36% 37% 37% Average 3.5 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2004 Page 39 ## Page 52 Judge John N. McMullen Attorney Survey 6. How biased do you think Judge McMullen is towards the defense or the prosecution? Judge All District All Trial McMullen Judges 2004 Judges 2004 5 3% 3% 4 5% 3% 3 13% 6% 6% 2 12% 12% 1 25% 13% 16% 50% 48% 49% -1 5% 4% -2 2% 2% -3 1% 1% -4 3% 1% -5 13% 2% 1% Average 0 0.6 0.7 noitucesorP drawoT esnefeD drawoT Ý 0 Neutral ß Judicial Performance Survey 2004 Page 40 ## Page 53 Judge John N. McMullen Attorney Survey 7. How lenient or harsh do you think the sentences handed down by Judge McMullen are? Judge All District All Trial McMullen Judges 2004 Judges 2004 5 2% 2% 4 2% 2% 3 5% 5% 2 9% 9% 1 12% 12% 100% 55% 58% -1 6% 5% -2 4% 2% -3 2% 2% -4 3% 1% -5 1% 1% Average 0 0.3 0.4 hsraH thgiL Ý 0 Appropriate ß Judicial Performance Survey 2004 Page 41 ## Page 54 Judge John N. McMullen Attorney Survey 12. Do you recommend that Judge McMullen be retained in office or not be retained in office? Judge All District All Trial McMullen Judges 2004 Judges 2004 Strongly Recommend 80% 74% 74% Retain in office Somewhat Recommend 7% 15% 16% Retain in office Somewhat Recommend Not 4% 4% 4% Retain in office Strongly Recommend Not Retain in office 9% 7% 6% Judicial Performance Survey 2004 Page 42 ## Page 55 Judge John N. McMullen Non Attorney Survey Average Grades: Overall and by Section 3.7 Overall Average 3.4 3.3 3.7 Q1. Overall Demeanor 3.4 3.3 3.7 Q2. Overall Fairness 3.3 3.3 3.8 Q3. Overall 3.5 Communications 3.5 3.7 Q4. Overall Diligence 3.4 3.3 3.6 Q5. Overall Application 3.3 of Law 3.2 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade John N. McMullen All District Judges All Trial Judges Judicial Performance Survey 2004 Page 1 ## Page 56 Judge John N. McMullen Non Attorney Survey Average Grades: Demeanor 3.7 Q1. Overall Demeanor 3.4 3.3 3.7 1a. Giving proceedings a 3.4 sense of dignity 3.4 3.7 1b. Treating participants 3.4 politely and with respect 3.4 3.8 1c. Conducting his/her courtroom in a neutral 3.3 manner 3.3 3.5 1d. Having a sense of compassion and human 3.3 understanding 3.2 1.0 1.5 2.0 2.5 3.0 3.5 4.0 John N. McMullen Average Grade All District Judges All Trial Judges Judicial Performance Survey 2004 Page 2 ## Page 57 Judge John N. McMullen Non Attorney Survey Average Grades: Fairness 3.7 Q2. Overall Fairness 3.3 3.3 3.8 2a. Giving participants an 3.4 opportunity to be heard 3.4 3.7 2b. Treating those involved 3.3 with the case without bias 3.2 3.6 2c. Treating fairly people who 3.3 represent themselves 3.3 3.6 2d. Giving each side enough time to present his or her 3.4 case 3.4 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade John N. McMullen All District Judges All Trial Judges Judicial Performance Survey 2004 Page 3 ## Page 58 Judge John N. McMullen Non Attorney Survey Average Grades: Communications 3.8 Q3. Overall Communications 3.5 3.5 3.7 3a. Making sure all participants understand the 3.4 proceedings 3.4 3.8 3b. Using language that 3.5 everyone can understand 3.5 3.8 3c. Speaking clearly so 3.5 everyone can hear 3.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 John N. McMullen Average Grade All District Judges All Trial Judges Judicial Performance Survey 2004 Page 4 ## Page 59 Judge John N. McMullen Non Attorney Survey Average Grades: Diligence 3.7 Q4. Overall Diligence 3.3 3.3 3.6 4a. Beginning court on time 3.3 3.2 3.8 4b. Maintaining appropriate 3.5 control over proceedings 3.5 3.8 4c. Setting reasonable 3.3 schedules for cases 3.3 3.7 4d. Being prepared for his or 3.4 her cases 3.4 3.6 4e. Managing court proceedings so that there is 3.3 little wasted time 3.3 1.0 1.5 2.0 2.5 3.0 3.5 4.0 John N. McMullen All District Judges Average Grade All Trial Judges Judicial Performance Survey 2004 Page 5 ## Page 60 Judge John N. McMullen Non Attorney Survey Average Grades: Application and Knowledge of Law 3.6 Q5. Overall App of Law 3.3 3.2 3.5 5a. Giving reasons for rulings 3.3 3.2 3.6 5b. Willing to make decision without regard to possible 3.3 outside pressure 3.2 3.6 5c. Being able to identify and 3.3 analyze relevant facts 3.2 1.0 1.5 2.0 2.5 3.0 3.5 4.0 John N. McMullen Average Grade All District Judges All Trial Judges Judicial Performance Survey 2004 Page 6 ## Page 61 Judge John N. McMullen Non Attorney Survey Q6. Average: How biased do you think Judge McMullen is toward the defense or prosecution? John N. 0.2 McMullen All District 0.1 Judges All Trial Judges 0.1 5 4 3 2 1 0 1 2 3 4 5 ç Defense Prosecution è Judicial Performance Survey 2004 Page 7 ## Page 62 Judge John N. McMullen Non Attorney Survey Q7. Average: How lenient or how harsh are Judge McMullen's sentences? John N. -0.1 McMullen All District -0.1 Judges All Trial Judges -0.1 5 4 3 2 1 0 1 2 3 4 5 ç Lenient Harsh è Judicial Performance Survey 2004 Page 8 ## Page 63 Judge John N. McMullen Non Attorney Survey Retention Recommendation 90% 80% 77% 77% 75% 74% 70% 68% 67% 60% 50% 40% 30% 19% 19% 20% 11% 11%11% 10% 10%10% 10% 9% 9%9% 10% 5% 4% 4% 3% 3% 3% 0% Str o n gl y n ot r et ai n m e w h at n ot r et ai n U n d e ci d e d S o m e w h at r et ai n Str o n gl y r et ai n Str o n gl y n ot r et ai n m e w h at n ot r et ai n S o m e w h at r et ai n Str o n gl y r et ai n o o S S Judge McMullen Including Undecided Excluding Undecided All District Judges All Trial Judges Judicial Performance Survey 2004 Page 9 ## Page 64 Judge John N. McMullen Non Attorney Survey 1a. How would you grade Judge McMullen on "Giving proceedings a sense of dignity?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 75% 62% 60% B 19% 23% 23% C 7% 8% D 3% 3% 3% Fail 2% 3% No Grade 3% 3% 3% Average 3.7 3.4 3.4 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 1 ## Page 65 Judge John N. McMullen Non Attorney Survey 1b. How would you grade Judge McMullen on "Treating participants politely and with respect?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 78% 65% 63% B 16% 19% 19% C 7% 8% D 3% 4% Fail 3% 4% 4% No Grade 3% 2% 2% Average 3.7 3.4 3.4 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 2 ## Page 66 Judge John N. McMullen Non Attorney Survey 1c. How would you grade Judge McMullen on "Conducting his/her courtroom in a neutral manner?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 84% 63% 61% B 10% 18% 18% C 8% 8% D 3% 4% Fail 3% 5% 5% No Grade 3% 3% 3% Average 3.8 3.3 3.3 Letter Grade A- B B Judicial Performance Survey 2004 Page 3 ## Page 67 Judge John N. McMullen Non Attorney Survey 1d. How would you grade Judge McMullen on "Having a sense of compassion and human understanding for those who appear before the Judge All District All Trial McMullen Judges 2004 Judges 2004 A 58% 59% 56% B 23% 19% 20% C 3% 8% 9% D 4% 4% Fail 3% 6% 6% No Grade 13% 4% 4% Average 3.5 3.3 3.2 Letter Grade B+ B B Judicial Performance Survey 2004 Page 4 ## Page 68 Judge John N. McMullen Non Attorney Survey 2a. How would you grade Judge McMullen on "Giving participants an opportunity to be heard?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 84% 64% 62% B 9% 19% 20% C 3% 7% 7% D 3% 4% Fail 4% 4% No Grade 3% 3% 3% Average 3.8 3.4 3.4 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 5 ## Page 69 Judge John N. McMullen Non Attorney Survey 2b. How would you grade Judge McMullen on "Treating those involved in the case without bias?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 78% 61% 60% B 13% 18% 18% C 6% 7% D 4% 4% Fail 3% 6% 7% No Grade 6% 4% 4% Average 3.7 3.3 3.2 Letter Grade A- B B Judicial Performance Survey 2004 Page 6 ## Page 70 Judge John N. McMullen Non Attorney Survey 2c. How would you grade Judge McMullen on "Treating fairly people who represent themselves?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 53% 43% 45% B 13% 13% 14% C 4% 5% D 2% 3% Fail 3% 4% 5% No Grade 31% 34% 29% Average 3.6 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2004 Page 7 ## Page 71 Judge John N. McMullen Non Attorney Survey 2d. How would you grade Judge McMullen on "Giving each side enough time to present his or her case?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 71% 61% 59% B 16% 19% 19% C 3% 6% 7% D 3% 3% Fail 3% 5% 4% No Grade 6% 7% 7% Average 3.6 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2004 Page 8 ## Page 72 Judge John N. McMullen Non Attorney Survey 3a. How would you grade Judge McMullen on "Making sure all participants understand the proceedings, and what's going on in the Judge All District All Trial McMullen Judges 2004 Judges 2004 A 69% 64% 64% B 22% 19% 19% C 3% 8% 8% D 3% 3% Fail 3% 3% No Grade 6% 3% 3% Average 3.7 3.4 3.4 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 9 ## Page 73 Judge John N. McMullen Non Attorney Survey 3b. How would you grade Judge McMullen on "Using language that everyone can understand?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 75% 65% 64% B 16% 21% 21% C 3% 7% 8% D 3% 3% Fail 2% 2% No Grade 6% 3% 3% Average 3.8 3.5 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 10 ## Page 74 Judge John N. McMullen Non Attorney Survey 3c. How would you grade Judge McMullen on "Speaking clearly so everyone in the courtroom can hear what's being said?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 81% 66% 66% B 9% 19% 20% C 6% 8% 7% D 2% 2% Fail 2% 2% No Grade 3% 3% 3% Average 3.8 3.5 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 11 ## Page 75 Judge John N. McMullen Non Attorney Survey 4a. How would you grade Judge McMullen on "Beginning court on time?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 75% 54% 52% B 16% 24% 25% C 10% 10% D 3% 4% 4% Fail 3% 4% 4% No Grade 3% 5% 5% Average 3.6 3.3 3.2 Letter Grade B+ B B Judicial Performance Survey 2004 Page 12 ## Page 76 Judge John N. McMullen Non Attorney Survey 4b. How would you grade Judge McMullen on "Maintaining appropriate control over proceedings?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 84% 65% 64% B 9% 20% 21% C 6% 7% D 2% 3% Fail 3% 2% 2% No Grade 3% 4% 3% Average 3.8 3.5 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 13 ## Page 77 Judge John N. McMullen Non Attorney Survey 4c. How would you grade Judge McMullen on "Setting reasonable schedules for cases?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 75% 53% 51% B 9% 20% 21% C 6% 8% 8% D 3% 3% Fail 4% 3% No Grade 9% 13% 14% Average 3.8 3.3 3.3 Letter Grade A- B B Judicial Performance Survey 2004 Page 14 ## Page 78 Judge John N. McMullen Non Attorney Survey 4d. How would you grade Judge McMullen on "Being prepared for his or her cases?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 72% 60% 58% B 13% 17% 19% C 6% 7% D 3% 3% Fail 3% 5% 4% No Grade 13% 8% 9% Average 3.7 3.4 3.4 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 15 ## Page 79 Judge John N. McMullen Non Attorney Survey 4e. How would you grade Judge McMullen on "Managing court proceedings so that there is little wasted time?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 72% 56% 54% B 19% 22% 24% C 3% 9% 10% D 4% 4% Fail 3% 4% 4% No Grade 3% 5% 5% Average 3.6 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2004 Page 16 ## Page 80 Judge John N. McMullen Non Attorney Survey 5a. How would you grade Judge McMullen on "Giving reasons for rulings?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 59% 55% 54% B 31% 20% 20% C 8% 8% D 3% 4% Fail 3% 5% 5% No Grade 6% 9% 9% Average 3.5 3.3 3.2 Letter Grade B+ B B Judicial Performance Survey 2004 Page 17 ## Page 81 Judge John N. McMullen Non Attorney Survey 5b. How would you grade Judge McMullen on "Willing to make decision without regard to possible outside pressure?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 50% 53% 50% B 13% 15% 16% C 6% 7% D 3% 3% Fail 3% 6% 6% No Grade 34% 18% 18% Average 3.6 3.3 3.2 Letter Grade B+ B B Judicial Performance Survey 2004 Page 18 ## Page 82 Judge John N. McMullen Non Attorney Survey 5c. How would you grade Judge McMullen on "Being able to identify and analyze relevant facts?" Judge All District All Trial McMullen Judges 2004 Judges 2004 A 58% 58% 55% B 19% 17% 18% C 7% 7% D 3% 4% Fail 3% 7% 6% No Grade 19% 8% 9% Average 3.6 3.3 3.2 Letter Grade B+ B B Judicial Performance Survey 2004 Page 19 ## Page 83 Judge John N. McMullen Non Attorney Survey 6. How biased do you think Judge McMullen is towards the defense or the prosecution? Judge All District All Trial McMullen Judges 2004 Judges 2004 5 4% 2% 3% 4 2% 2% 3 2% 2% 2 3% 3% 1 4% 6% 6% 83% 73% 70% -1 8% 4% 4% -2 2% 3% -3 2% 2% -4 2% 2% -5 2% 2% Average 0.2 0.1 0.1 noitucesorP drawoT esnefeD drawoT Ý 0 Neutral ß Judicial Performance Survey 2004 Page 20 ## Page 84 Judge John N. McMullen Non Attorney Survey 7. How lenient or harsh do you think the sentences handed down by Judge McMullen are? Judge All District All Trial McMullen Judges 2004 Judges 2004 5 6% 3% 4% 4 1% 2% 3 3% 3% 2 2% 3% 1 3% 4% 72% 65% 62% -1 11% 8% 7% -2 11% 6% 6% -3 4% 5% -4 2% 2% -5 2% 2% Average -0.1 -0.1 -0.1 hsraH thgiL Ý 0 Appropriate ß Judicial Performance Survey 2004 Page 21 ## Page 85 Judge John N. McMullen Non Attorney Survey 12. Do you recommend that Judge McMullen be retained in office or not be retained in office? Judge All District All Trial McMullen Judges 2004 Judges 2004 Strongly Recommend 77% 75% 74% Retain in office Somewhat Recommend 19% 11% 11% Retain in office Somewhat Recommend Not 4% 5% Retain in office Strongly Recommend Not Retain in office 3% 10% 11% Judicial Performance Survey 2004 Page 22 ## Page 86 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 2004. 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 November 2004, 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 2004 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 87 Refused/ Nonre- Unde- Response Attorney Respondents Total Sent Completed sponse livered Other Rate District Attorney 719 394 7 69 9 60.6% Attorney For Defendant 2,219 1,040 17 218 24 52.0% Guardian ad Litem 131 79 0 10 1 65.3% Unknown Attorney Type 5,378 2,170 56 751 88 46.9% Attorney Total 8,447 3,683 80 1,048 122 49.8% Refused/ Nonre- Unde- Response Non-Attny Respondents Total Sent Completed sponse livered Other Rate Law Enforcement 3,111 916 55 672 3 37.6% Employee 1,739 976 18 224 0 64.4% Defendant 12,171 1,620 148 2,439 27 16.6% Plaintiff 3,617 881 66 500 11 28.3% Juror 4,488 1,632 117 511 15 41.0% Victim 552 83 11 101 2 18.4% Other 1,650 222 25 373 8 17.4% Non-attorney Total 27,328 6,330 440 4,820 66 28.1% Total 35,775 10,013 520 5,868 188 33.5% 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 2004 surveys were conducted. Questions relating to bias toward the defense or prosecution, sentencing and retention recommendation are also graphed. 2 ## Page 88 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 2004, along with a second comparative column showing the results for all trial judges in the 2004 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 89 Judge John N. McMullen Responses by Type Total Other Non- Coop Role Type Sent Completes Refusals Undeliverable Responses Rate District Attorney 2 1 0 0 0 50.0% Attorney For Defendant 12 6 0 2 0 60.0% Guardian ad Litem Unknown Attorney Type 158 51 1 20 2 37.0% Sub Total: 172 58 1 22 2 38.7% Defendant 13 1 0 5 0 12.5% Plaintiff 3 0 0 0 0 0.0% Law Enforcement 8 4 0 0 0 50.0% Employee 20 11 0 4 0 68.8% Juror 75 16 0 17 0 27.6% Victim Other Sub Total: 119 32 0 26 0 34.4% Grand Total: 291 90 1 48 2 37.0% Judicial Performance Survey 2004 Page 1 ## Page 90 Commission on Judicial Performance 2003 Judicial Performance Attorney Questionnaire Evaluation 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 do not have experience with the judge in a specific area, or just don’t know, please circle the number corresponding to “Don’t Know/Not Applicable”—DK/NA). DK/ 1. Case Management: A B C D F NA a. Promptly making rulings during trial. 4 3 2 1 0 9 b. Beginning court on time. 4 3 2 1 0 9 c. Allotting appropriate amount of time for cases. 4 3 2 1 0 9 d. Keeping cases moving according to schedule. 4 3 2 1 0 9 e. [Civil only]1 Assisting parties to reach agreement. 4 3 2 1 0 9 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 2. Application and Knowledge of Law: a. Basing decisions on evidence and arguments. 4 3 2 1 0 9 b. Giving reasons for rulings. 4 3 2 1 0 9 c. [Civil only]1 Issuing written findings of fact and law. 4 3 2 1 0 9 d. Willing to reconsider error in fact or law. 4 3 2 1 0 9 e. Having knowledge of relevant substantive law. 4 3 2 1 0 9 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 decision 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 3. Communications: a. Speaking clearly. 4 3 2 1 0 9 b. Makings sure all participants understand the proceedings. 4 3 2 1 0 9 c. Using understandable language. 4 3 2 1 0 9 d. [District only] Providing written communications that are clear, thorough and well reasoned. 4 3 2 1 0 9 4. Demeanor: a. Giving proceedings a sense of dignity. 4 3 2 1 0 9 b. Treating everyone involved politely. 4 3 2 1 0 9 c. Having empathy with the parties involved. 4 3 2 1 0 9 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 f. Being consistent in his/her behavior. 4 3 2 1 0 9 g. Conducting his/her courtroom in a neutral manner. 4 3 2 1 0 9 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 5. Diligence: 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 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] 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 91 6. [Criminal cases only] 1 On the scale below, please indicate by circling the appropriate number how biased you think Judge _ is toward the defense or the prosecution. If you feel Judge _ is completely unbiased, circle “0.” Bias toward Completely Bias toward Defense Neutral Prosecution 5 4 3 2 1 0 1 2 3 4 5 7. [Criminal cases only]1 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 _ are. If you feel Judge _ generally hands down appropriate sentences, circle “0.” Sentences Appropriate Sentences Too Light Sentences Too Harsh 5 4 3 2 1 0 1 2 3 4 5 8. If an associate were assigned to Judge _ in a case and asked you for advice, what would you say? _ _ _ _ 9. What would you say are Judge _’s strengths? _ _ _ _ 10. And what would you say are Judge _’s weaknesses? _ _ _ _ 11. Is there anything else that you would like to say about Judge _ ? _ _ _ 12. Keeping in mind your responses to each of the previous questions, how strongly do you recommend that Judge _ be retained in office, or not retained in office? Strongly recommend he be retained in office. 5 Somewhat recommend he be retained in office. 4 Undecided or don’t know enough to make recommendation. 3 Somewhat recommend he not be retained in office. 2 Strongly recommend he not be retained in office. 1 And why do you think that way about retaining or not retaining Judge _ ? _ _ _ _ Thank you for your time in completing this questionnaire. Please place it in the self-addressed, postage paid enveloped provided, and place it in the mail. Your participation in this survey is very much appreciated. 1 Please answer questions 6 & 7 only if you have observed the judge in a criminal case. ## Page 92 Commission on Judicial Performance 2003 Judicial Performance Questionnaire Evaluation 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 do not have experience with the judge in a specific area, or just don’t know, please circle the number corresponding to “Don’t Know/Not Applicable”—DK/NA). DK/ 1. Demeanor: A B C D F NA 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 understanding for those who appear before him/her. 4 3 2 1 0 9 2. Fairness: 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 3. Communications: 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 4. Diligence: a. Beginning court on time. 4 3 2 1 0 9 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 5. Application of Law: 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 6. [If you were in Judge _’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 _ is toward the defense or the prosecution. If you feel Judge _ is completely unbiased, circle “0.” Bias toward Completely Bias toward Defense Neutral Prosecution 5 4 3 2 1 0 1 2 3 4 5 Continued on Other Side ## Page 93 7. [If you were in Judge _ ’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 _ are. If you feel Judge _ generally hands down appropriate sentences, circle “0.” Sentences Appropriate Sentences Too Light Sentences Too Harsh 5 4 3 2 1 0 1 2 3 4 5 8. If a friend of yours was scheduled to appear before Judge _ as a party in either a civil or criminal case and asked you for advice, what would you tell your friend about Judge _ ? _ _ _ _ 9. What would you say are Judge _’s strengths? _ _ _ _ 10. And what would you say are Judge _’s weaknesses? _ _ _ _ 11. Is there anything else that you would like to say about Judge _? _ _ _ _ 12. Keeping in mind your responses to each of the previous questions, how strongly do you recommend that Judge _ be retained in office, or not retained in office? Strongly recommend he be retained in office. 5 Somewhat recommend he be retained in office. 4 Undecided or don’t know enough to make recommendation. 3 Somewhat recommend he not be retained in office. 2 Strongly recommend he not be retained in office. 1 And why do you think that way about retaining or not retaining Judge _? _ _ _ _ Thank you for your time in completing this questionnaire. Please place it in the self-addressed, postage paid enveloped provided, and place it in the mail. Your participation in this survey is very much appreciated.

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