Michael A. O'Hara III
Trial Court · Grand · Grand
Meets Standards2 cycles on record
Evaluation history
- 2018 retention cycleTrial Court · Grand · GrandMeets StandardsVotersRetained· 77.9% yes16,143 yes · 4,587 no50% needed to retainRetention Year: 2018 Recommendation: Meets Performance Standard Reports: 2018 Retention Survey Report 2015 Interim Survey Report The Fourteenth Judicial District Commission on Judicial Performance unanimously (9-0) voted that Chief Judge Michael A. O’Hara, III MEETS PERFORMANCE STANDARDS. Background: Judge O'Hara was born and raised in California. He received his undergraduate degree from St. Mary's Seminary in Missouri, and his law degree from the University of San Diego in 1984. After law school, Judge O’Hara joined a litigation firm in San Diego where he practiced for approximately seven years. In 1991, Judge O’Hara moved his family to Steamboat Springs, practicing eleven years with the same firm, where he ultimately served as managing partner. His litigation practice emphasized family law, personal injury, and criminal defense. He was awarded the Northwest Colorado Bar Association Professionalism Award in 1999. In 2003, Judge O’Hara was appointed to serve as a District Judge for the Fourteenth Judicial District, covering Moffat, Routt, and Grand Counties. In 2016 Judge O’Hara received the Judicial Excellence Award from the Colorado Judicial Institute. Judge O’Hara is the Chief Judge for the District and is the Water Judge for Division 6. Evaluation Methodology: Judge O’Hara was evaluated as to Integrity, Legal Knowledge, Communication, Judicial Temperament, Administrative Performance and Service to the Legal Profession. The Commission reviewed evaluations from attorneys and non-attorneys, including verbatim comments attached to evaluation questionnaires. The Commission also considered Judge O’Hara’s self-evaluation and written orders and opinions that he submitted for review. Commission members observed Judge O’Hara in his courtroom, and he sat for an interview before the Commission. Of the attorneys surveyed, twenty-one of whom responded to the survey, 67% (fourteen people) found Judge O’Hara to meet performance standards, 19% (four people) found that he does not meet those standards, and 14% (three people) expressed no opinion. Of non-attorneys surveyed, thirty-eight of whom responded to the survey, 86% (thirty-three people) found that he meets performance standards, 5% (two people) found that he does not, and 8% (three people) expressed no opinion. (These percentages may not total 100% due to rounding.) Performance: Judge O’Hara maintains a full and diverse case load that includes criminal, domestic relations, civil, juvenile, probate, and water cases, and is required to travel between the courthouses in Steamboat Springs and Craig to manage his docket. As Chief Judge for the district, he effectively manages court staff in three counties. He is also very involved in the betterment of the judicial system through his volunteer work on multiple commissions. It is apparent that Judge O’Hara cares deeply for the people who appear in his court and for the well-being of the legal system as a whole. Judge O’Hara issues well-reasoned decisions and explains his verbal and written rulings thoroughly. He is well-suited temperamentally for the job. The Commission discussed concerns with Judge O’Hara regarding taking on too much which has affected, among other things, timeliness of written orders. He also self-identifies this as an area needing improvement and has already started to implement solutions to address these concerns.
- 2006 retention cycleTrial Court · Grand · GrandMeets Standards(Retain)VotersRetained· 76.9% yes11,402 yes · 3,429 no50% needed to retainReports: 2006 Retention Survey Report (PDF) Need an accessible PDF Document version? Please click on the link below and email our staff Contact Us The Fourteenth Judicial District Commission on Judicial Performance unanimously recommends that Judge Michael A. O’Hara III BE RETAINED. Judge O'Hara was born and raised in Southern California. He received his undergraduate degree from St. Mary's Seminary in Perryville, Missouri, and his J.D. from the University of San Diego School of Law in 1984. After law school, he joined a small litigation firm, in San Diego where he practiced for seven years. In 1991, Judge O’Hara moved his family to Steamboat Springs, Colorado, practicing eleven years with the same firm, where he ultimately served as managing partner. There, his litigation practice emphasized family law, personal injury and criminal defense. In January, 2003, Governor Bill Owens appointed O’Hara to serve as a District Court Judge for the Fourteenth Judicial District, covering Moffat, Routt and Grand Counties. Judge O’Hara’s caseload currently includes civil, criminal, domestic relations and juvenile matters and he travels among the three counties. He also serves as the water judge for Division 6. In addition to his judicial duties, Judge O’Hara has served as the Chief Judge of the District since his appointment. The Chief Judge oversees the administration of approximately sixty employees throughout the Fourteenth Judicial District. He works with the District Court Administrator and Chief Probation Officer to manage the operation of the District, including personnel issues and policy making. As Chief Judge, Judge O’Hara has been substantially drawn into court facility discussions with county commissioners in both Grand and Routt Counties. Judge O’Hara makes his home in Steamboat Springs. He enjoys nordic skiing, mountain biking and has an appreciation of the outdoors. He has served the community as a little league coach, a member of the board of directors of Hospice of Steamboat, and was a volunteer attorney for the Northwest Colorado Legal Aid for several years. He now spends time volunteering with several organizations, including serving as a regional ski jumping judge. He received the Northwest Colorado Bar Association’s Professionalism Award in 1999. The Commission reviewed written evaluations of Judge O’Hara from attorneys and non-attorneys, including written verbatim comments attached to the evaluation questionnaires. The Commission also considered a written self-evaluation completed by Judge O’Hara and conducted a personal interview with Judge O’Hara. Judge O’Hara describes his philosophy as striving every day to do the right thing and try to do no more harm. Above all he tries to be fair, although he recognizes that this does not always mean to be lenient, as leniency is not always the fair thing. He hopes that his reputation for integrity is high, as he does not believe he is swayed by community belief or political correctness. Judge O’Hara strives to maintain appropriate judicial temperament, and insists that fairness and respect be afforded to all appearing in his courtroom. During his interview, Judge O’Hara acknowledged that he is relatively new to his position, that his administrative duties were initially a significant distraction from his judicial duties and he recognizes areas where his efficiency and performance can be improved. Judge O’Hara likes his job and is grateful for the opportunity to serve the people and believes he is an asset to the Fourteenth Judicial District. The Judicial Performance Commission agrees with this conclusion. Judge O’Hara received high ratings from both attorneys and non-attorneys in virtually every category, particularly in the following areas: being courteous; communicating clearly, thoroughly and in a well-reasoned manner; maintaining proper judicial temperament; treating parties equally and in a fair and considerate manner; and giving all participants an opportunity to be heard. Of the attorneys responding to the questionnaire, 81% recommended that Judge O’Hara be retained in office, 14% recommended that he not be retained, and 4% were undecided. Of the non-attorneys responding to the questionnaire, 79% recommended retention, 9% recommended non-retention, and 11% were undecided.
Surveys & reports
- 2018 cycle
- 2017 Interim Survey Report(PDF on OJPE)
Read full interim survey textexpand
## Page 1 The Honorable Michael A. O'Hara, III 2015 Judicial Performance Interim Report 14th Judicial District ## Page 2 May 29, 2015 The Honorable Michael A. O'Hara, III Routt County Combined Courts P.O. Box 773117 1955 Shield Dr. Steamboat Springs, CO 80477 Dear Judge O'Hara: I am pleased to make available to you the attached copy of your 2015 Judicial Performance Interim Survey Report. This report includes the survey results from two important stakeholder groups: 1) attorneys who have had cases in your court or who are knowledgeable about your judicial performance; and 2) non-attorneys who have observed your performance in court or who have knowledge of your performance as a judge. In addition to this introduction, the report is divided into five main sections: 1. A brief summary of the results of the attorney and non-attorney surveys. 2. The numerical results of the survey of attorneys in both tabular and graphical form. In addition to the numerical results, this section also contains comments attorneys made about your judicial performance. In some instances the comments have been redacted to eliminate respondent identifying information. 3. The numerical results of the survey of non-attorneys in both tabular and graphical form. In addition to the numerical results, this section also contains comments these respondents made on the subject of your judicial performance. In few instances the comments have been redacted to eliminate respondent identifying information. 4. The fifth section of the report discusses the methodology of the surveys. 5. The final section provides copies of the questions or questionnaires that were used for each survey. If you have any questions about the methodology and how the survey was conducted, please feel free to contact me at 505-821-5454 or by email at sanderoff@rpinc.com (please put the words “Judicial Performance” in the subject line), and for any other questions you might have about the survey please call the Executive Director of the Office of Judicial Performance Evaluation, Kent Wagner, at 303-928-7779. Best regards, Brian Sanderoff President ## Page 3 Summary of Results Respondents rated judges on various questions using an A to F scale, in which the grades were then converted to numerical scores: A= 4, B=3, C=2, D=1 and F=0. An average score of 4.0 is the highest possible score and a 0.0 is the lowest possible score. On average, Judge Michael A. O'Hara, III received an overall combined average grade of 3.36 in the 2015 Judicial Performance Interim Survey Report. This is calculated by adding the overall average grade received from attorney respondents, 3.16, to the overall average grade received from non- attorney respondents, 3.56, divided by two. The average combined grade for all district judges that are receiving an interim evaluation in 2015 is 3.46 (not shown below). Judge O'Hara Average Grades (All Years) Combined Attorney Non-attorney Overall Grade 3.36 3.16 3.56 Sample Size -- 113 207 Table 1 The results presented in this report are based on data collected in 2009, 2010, 2011, 2012, 2013, and 2014. (See Methodology section for description of sampling process.) Table 2 shows Judge O'Hara’s overall average grades for up to six years (for each year in which survey results are available.) Provisional judges will not have samples for the years prior to their appointment. Judge O'Hara Average Grades by Year Combined Attorney Non-attorney Average Average Sample Average Sample Score Score Size Score Size Year 2009 3.31 3.07 20 3.55 61 2010 3.40 3.31 27 3.49 36 2011 3.39 3.10 27 3.68 80 2012 NA NA NA NA NA 2013 NA NA NA NA NA 2014 3.25 3.14 39 3.35 30 Overall 3.36 3.16 113 3.56 207 Table 2 1 ## Page 4 Comparison of Jurors vs. Non-Jurors Among Non-Attorney Population Among the non-attorney population, jurors tend to grade judges much higher than non- jurors. The juror overall average grade for all district judges receiving an interm evaluation in 2015 is 3.83, while the overall average grade awarded by non-jurors is 3.26. Judges with a higher percentage of jurors in their sample tend to have higher average grades in the non- attorney survey than those judges with a small percentage of jurors. The number of jurors in a judge’s sample is, of course, closely related to the number of jury trials the judge presides over. The table below shows Judge O'Hara’s non-attorney results broken out by jurors and non- jurors. It also shows the overall average juror and non-juror grades for all district judges that are receiving an interim evaluation in 2015 (see two columns on far right). Average Grades for Jurors vs. Non-Jurors (All Years) All District Judge O'Hara Judges* Jurors Non-Jurors Average Sample Average Sample Juror Non-Juror Score Size % Score Size % Average Average 3.84 89 43% 3.36 118 57% 3.83 3.26 Table 3 * Includes only the District judges evaluated during this interim cycle. 2 ## Page 5 Survey of Attorneys Regarding Judge Michael A. O'Hara, III (Sample Size 113) ## Page 6 Survey of Attorneys Regarding District Judges Average (0.0 to 4.0 scale) Judge Michael A. O'Hara, III Michael A. All District Sample Size = 113 A B C D Fail DK/NA O'Hara, III Judges* 1. Case Management: 1a. Promptly issuing a decision on the case after trial. 26% 24% 17% 8% 5% 20% 2.71 3.35 1b. Maintaining appropriate control over proceedings. 52% 34% 9% 2% 4% 0% 3.29 3.41 1c. Promptly ruling on pre-trial motions. 33% 29% 21% 4% 4% 9% 2.90 3.24 1d. Setting reasonable schedules for cases. 50% 33% 10% 3% 3% 2% 3.28 3.24 Overall Case Management 3.05 3.31 2. Application and Knowledge of Law: 2a. Being able to identify and analyze relevant facts. 49% 38% 7% 2% 4% 1% 3.28 3.31 2b. Basing decisions on evidence and arguments. 38% 38% 14% 4% 4% 3% 3.06 3.18 2c. Willing to reconsider error in fact or law. 30% 30% 10% 7% 6% 16% 2.85 2.95 2d. Issuing consistent sentences when the circumstances are 34% 34% 9% 4% 3% 16% 3.10 3.15 similar. Overall Application and Knowledge of Law 3.07 3.15 3. Communications: 3a. Making sure all participants understand the proceedings. 64% 29% 3% 2% 1% 2% 3.56 3.51 3b. Providing written communications that are clear, thorough 46% 38% 5% 4% 3% 4% 3.27 3.33 and well reasoned. Overall Communications 3.42 3.42 4. Demeanor: 4a. Giving proceedings a sense of dignity. 69% 20% 4% 4% 3% 2% 3.51 3.49 4b. Treating participants with respect. 51% 27% 10% 8% 3% 2% 3.17 3.39 4c. Conducting the courtroom in a neutral manner. 45% 26% 11% 12% 5% 2% 2.95 3.26 4d. Consistently applying laws and rules. 43% 29% 15% 3% 5% 4% 3.07 3.24 Overall Demeanor 3.18 3.35 5. Diligence: 5a. Using good judgment in application of relevant law and 38% 39% 14% 1% 4% 4% 3.08 3.18 rules. 5b. Doing the necessary "homework" and being prepared for 47% 34% 11% 4% 2% 3% 3.25 3.33 cases. 5c. Being willing to handle cases on the docket even when 52% 25% 4% 4% 3% 13% 3.38 3.42 they are complicated and time consuming. Overall Diligence 3.24 3.31 Overall Average Grade: 3.16 3.29 * Includes only the District judges evaluated during this interim cycle. Note: Respondents rated judges on various questions using an A to F scale, in which the grades were then converted to numerical scores: A=4, B=3, C=2, D=1 and F=0. An average score of 4.0 is the highest possible score and a 0.0 is the lowest possible score. 'DK/NA' = Don't Know / Not Applicable. 2015 Judicial Performance Interim Report 333 ## Page 7 Survey of Attorneys Regarding District Judges Percentage Judge Michael A. O'Hara, III Michael A. All District O'Hara, III Judges* Would you say the judge is: Very biased in favor of the prosecution 4% 10% Somewhat biased in favor of the prosecution 14% 23% Completely neutral 46% 49% Somewhat biased in favor of the defense 18% 10% Very biased in favor of the defense 7% 3% Don't know or not sure 12% 4% How strongly do you recommend that the Judge be retained in office, or not be retained in office? Strongly recommend retain 42% 57% Recommend retain 37% 22% Neither recommend nor not recommend retain 13% 9% Recommend not retain 3% 6% Strongly recommend not retain 5% 6% Total Retain 79% 79% Neither 13% 9% Total Not Retain 8% 12% * Includes only the District judges evaluated during this interim cycle. 2015 Judicial Performance Interim Report 444 ## Page 8 Judge Michael A. O'Hara, III Survey of Attorneys Regarding District Judges Average Grades 3.16 Overall Average Grade 3.29 3.05 Q1. Overall Case Management 3.31 1a. Promptly issuing a decision on the 2.71 case after trial. 3.35 3.29 1b. Maintaining appropriate control over proceedings. 3.41 2.90 1c. Promptly ruling on pre-trial motions. 3.24 1d. Setting reasonable schedules for cases. 3.28 3.24 3.07 Q2. Overall App & Knowledge of Law 3.15 3.28 2a. Being able to identify and analyze relevant facts. 3.31 3.06 2b. Basing decisions on evidence and arguments. 3.18 2.85 2c. Willing to reconsider error in fact or law. 2.95 3.10 2d. [Criminal only] Issuing consistent sentences 3.15 when circumstances are similar. 3.42 Q3. Overall Communication 3.42 3.56 3a. Making sure all participants understand 3.51 the proceedings. 3.27 3b. Providing written communications that are 3.33 clear, thorough and well reasoned. 2.0 2.5 3.0 3.5 4.0 Michael A. O'Hara, III All District Judges* * Includes only the District judges evaluated during this interim cycle. Judge Michael A. O'Hara, III 55 2015 Judicial Performance Interim Report ## Page 9 * Includes only the District judges evaluated during this interim cycle. Judge Michael A. O'Hara, III Survey of Attorneys Regarding District Judges Average Grades 3.18 Q4. Overall Demeanor 3.35 3.51 4a. Giving proceedings a sense of dignity. 3.49 3.17 4b. Treating participants with respect. 3.39 4c. Conducting the courtroom in a 2.95 neutral manner. 3.26 3.07 4d. Consistently applying laws and rules. 3.24 3.24 Q5. Overall Diligence 3.31 5a. Using good judgment in application of 3.08 relevant laws and rules. 3.18 5b. Doing the necessary 'homework' and 3.25 being prepared for cases. 3.33 5c. Being willing to handle cases on the docket even 3.38 when they are complicated and time consuming. 3.42 2.0 2.5 3.0 3.5 4.0 Biased in favor of prosecution/defense. 4% Very biased in favor of the prosecution 10% 14% Somewhat biased in favor of the prosecution 23% 46% Completely Neutral 49% 18% Somewhat biased in favor of the defense 10% 7% Very biased in favor of the defense 3% 12% Don't know/not sure 4% 0% 10% 20% 30% 40% 50% 60% Michael A. O'Hara, III All District Judges* * Includes only the District judges evaluated during this interim cycle. 66 2015 Judicial Performance Interim Report ## Page 10 * Includes only the District judges evaluated during this interim cycle. Judge Michael A. O'Hara, III Survey of Attorneys Regarding District Judges How strongly do you recommend that Judge O'Hara, III be retained or not retained in office? 42% Strongly recommend retain 57% 37% Recommend retain 22% 13% All Dist Neither retain nor not retain 9% Judge O'Hara, III Judges* Total Retain 79% 79% 3% Neither 13% 9% Recommend not retain 6% Total Not Retain 8% 12% 5% Strongly recommend not retain 6% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Michael A. O'Hara, III All District Judges* * Includes only the District judges evaluated during this interim cycle. 77 2015 Judicial Performance Interim Report ## Page 11 Survey of Non-Attorneys Regarding Judge Michael A. O'Hara, III (Sample Size 207) ## Page 12 Survey of Non-Attorneys Regarding District Judges Average (0.0 to 4.0 scale) Judge Michael A. O'Hara, III Michael A. All District Sample Size = 207 A B C D Fail DK/NA O'Hara, III Judges* 1. Demeanor: 1a. Giving court proceedings a sense of dignity. 75% 17% 1% 3% 2% 1% 3.63 3.66 1b. Treating participants in the case politely and with respect. 78% 13% 3% 2% 2% 1% 3.63 3.67 1c. Conducting the courtroom in a neutral manner. 72% 16% 4% 4% 4% 1% 3.49 3.61 1d. Having a sense of compassion and human understanding 70% 17% 2% 5% 4% 1% 3.47 3.56 for those who appear before the judge. Overall Demeanor 3.56 3.63 2. Fairness: 2a. Giving participants an opportunity to be heard. 76% 14% 2% 4% 2% 2% 3.60 3.64 2b. Treating those involved in the case without bias. 70% 16% 4% 2% 4% 2% 3.50 3.57 2c. Treating fairly people who represent themselves. 52% 12% 3% 2% 3% 28% 3.50 3.60 2d. Giving each side enough time to present their case. 71% 18% 2% 3% 2% 3% 3.58 3.64 Overall Fairness 3.55 3.61 3. Communications: 3a. Making sure participants understand the proceedings, and 77% 15% 3% 3% 1% 1% 3.65 3.67 what's going on in the courtroom. 3b. Using language that everyone can understand. 74% 20% 3% 2% 1% 0% 3.65 3.70 3c. Speaking clearly so everyone in the courtroom can hear 77% 19% 2% 1% 0% 0% 3.72 3.73 what's being said. Overall Communications 3.67 3.70 4. Diligence: 4a. Beginning court on time. 67% 23% 5% 1% 3% 0% 3.51 3.54 4b. Maintaining appropriate control over proceedings. 75% 18% 4% 1% 1% 1% 3.66 3.71 4c. Setting reasonable schedules for cases. 67% 17% 5% 3% 1% 7% 3.56 3.61 4d. Being prepared for cases. 73% 15% 3% 4% 2% 2% 3.55 3.67 4e. Managing court proceedings so that there is little wasted 62% 25% 6% 3% 2% 2% 3.45 3.54 time. Overall Diligence 3.55 3.61 5. Application of Law: 5a. Giving reasons for rulings. 69% 16% 4% 1% 4% 5% 3.54 3.56 5b. Willing to make decision without regard to possible outside 64% 12% 4% 1% 3% 14% 3.54 3.59 pressure. 5c. Being able to identify and analyze relevant facts. 70% 13% 5% 2% 4% 5% 3.50 3.56 Overall Application of Law 3.53 3.57 Overall Average Grade: 3.56 3.62 * Includes only the District judges evaluated during this interim cycle. Note: Respondents rated judges on various questions using an A to F scale, in which the grades were then converted to numerical scores: A=4, B=3, C=2, D=1 and F=0. An average score of 4.0 is the highest possible score and a 0.0 is the lowest possible score. 'DK/NA' = Don't Know / Not Applicable. 2015 Judicial Performance Interim Report 9 ## Page 13 Survey of Non-Attorneys Regarding District Judges Percentage Judge Michael A. O'Hara, III Michael A. All District O'Hara, III Judges* 6. Average Bias [Please see the questionnaire at the end of report for question wording.] Biased in favor of the prosecution total 9% 9% Competely neutral 78% 84% Biased in favor of the defense total 12% 8% [A positive average indicates bias toward prosecution, and a Average -0.05 0.05 negative average indicates a bias toward the defense.] 7. Average Sentencing [Please see the questionnaire at the end of report for question wording.] Harsh sentencing total 11% 10% Competely neutral 67% 78% Lenient sentencing total 22% 12% [A positive average indicates sentences are harsh, and a Average -0.06 0.01 negative average indicates sentences are lenient.] How strongly do you recommend that the Judge be retained, or not be retained in office? Strongly recommend retain 68% 74% Recommend retain 7% 13% Neither recommend nor not recommend retain 4% 5% Recommend not retain 11% 2% Strongly recommend not retain 11% 5% Total Retain 75% 87% Neither 4% 5% Total Not Retain 22% 7% * Includes only the District judges evaluated during this interim cycle. 2015 Judicial Performance Interim Report 10 ## Page 14 Judge Michael A. O'Hara, III Survey of Non-Attorneys Regarding District Judges Average Grades 3.56 Overall Average Grade 3.62 3.56 Q1. Overall Demeanor 3.63 3.63 1a. Giving proceedings a sense of dignity. 3.66 1b. Treating participants politely and with respect. 3.63 3.67 1c. Conducting the courtroom in a neutral 3.49 manner. 3.61 1d. Having a sense of compassion and human 3.47 understanding for those who appear before the judge. 3.56 3.55 Q2. Overall Fairness 3.61 2a. Giving participants an opportunity to be 3.60 heard. 3.64 2b. Treating those involved in the 3.50 case without bias. 3.57 2c. Treats people fairly who represent 3.50 themselves. 3.60 2d. Giving each side enough time to present 3.58 their case. 3.64 3.67 Q3. Overall Communications 3.70 3a. Making sure participants understand the 3.65 proceedings, and what's going on in the courtroom. 3.67 3b. Using language that everyone can 3.65 understand. 3.70 3c. Speaking clearly so everyone in the courtroom 3.72 can hear what's being said. 3.73 2.0 2.5 3.0 3.5 4.0 Michael A. O'Hara, III All District Judges* * Includes only the District judges evaluated during this interim cycle. Judge Michael A. O'Hara, III 11 2015 Judicial Performance Interim Report ## Page 15 Judge Michael A. O'Hara, III Survey of Non-Attorneys Regarding District Judges Average Grades 3.55 Q4. Overall Diligence 3.61 3.51 4a. Beginning court on time. 3.54 4b. Maintaining appropriate control over 3.66 proceedings. 3.71 4c. Setting reasonable schedules for cases. 3.56 3.61 4d. Being prepared for cases. 3.55 3.67 4e. Managing court proceedings so that there is 3.45 little wasted time. 3.54 3.53 Q5. Overall Application of Law 3.57 3.54 5a. Giving reasons for rulings. 3.56 5b. Willing to make decision without regard to 3.54 possible outside pressure. 3.59 5c. Being able to identify and analyze 3.50 relevant facts. 3.56 2.0 2.5 3.0 3.5 4.0 Q6 Biased in favor of prosecution/defense. 1 -0.05 Michael A. O'Hara, III 0.05 All District Judges* -5 -4 -3 -2 -1 0 1 2 3 4 5 Defense Prosecution 1-A negative average score indicates bias toward the defense, and a positive average score indicates bias toward prosecution. Q7 Lenience or Harshness in Sentencing. 2 -0.06 Michael A. O'Hara, III 0.01 All District Judges* -5 -4 -3 -2 -1 0 1 2 3 4 5 Lenient Harsh 2-A negative average score indicates sentences are lenient, and a positive average score indicates sentences are harsh. Michael A. O'Hara, III All District Judges* * Includes only the District judges evaluated during this interim cycle. 12 2015 Judicial Performance Interim Report ## Page 16 * Includes only the District judges evaluated during this interim cycle. Judge Michael A. O'Hara, III Survey of Non-Attorneys Regarding District Judges How strongly do you recommend that Judge O'Hara, III be retained or not retained in office? 68% Strongly recommend retain 74% 7% Recommend retain 13% 4% Neither retain nor not retain All Dist 5% Judge O'Hara, III Judges* 11% Total Retain 75% 87% Recommend not retain 2% Neither 4% 5% Total Not Retain 22% 7% 11% Strongly recommend not retain 5% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Michael A. O'Hara, III All District Judges* * Includes only the District judges evaluated during this interim cycle. 13 2015 Judicial Performance Interim Report ## Page 17 MMeetthhooddoollooggyy ## Page 18 Methodolgy The results shown in the 2015 Judicial Performance Interim Survey Report are based on two surveys: The Survey of Attorneys Regarding Trial Judges, and the Survey of Non- Attorneys Regarding Trial Judges. Below is a description of the methodology used in the two surveys. I Attorneys Regarding District Judges a. Sample: Research Polling, Inc. received case data with the names of attorneys who had likely been in each judge’s courtroom from the following primary sources: •Colorado Judicial Department •Colorado District Attorneys’ Council •Colorado Public Defender’s Office •Denver County Courts •District Attorney’s Office, Second Judicial District (Denver) The data from these different sources are combined, duplicates removed, and addresses corrected. Only judges that are due to receive an interim evaluation in 2015 were evaluated during this reporting cycle. The intent was to increase the number of completed attorney evaluations for each judge by excluding those not due to receive an interim evaluation in 2015. The number of possible judges that attorney respondents could evaluate was 10. Attorneys are first mailed a letter inviting them to complete the survey online. The letter provides the link to the online survey, as well as a unique password to access the survey. Approximately one week later, attorneys are sent an email invitation to complete the online survey, which also provides the Web address and their unique password. About a week after the first email is sent, a reminder email is sent, providing the same information. Potential respondents who do not complete the survey after the second email are then telephoned and asked to either complete the survey by phone, or to complete it online. Since 2010, the Judicial Performance Survey reports are based on a moving average, or rolling sample, of data collected over a period of time equal to the justice’s or judge’s term of office: ten years for a Supreme Court justice, eight years for a COA judge, six years for a district judge, and four years for a county judge. To use a district judge as an example: as survey data is collected it is pooled together for six years. After six years, as new data is added to the judge’s survey results, the oldest data in the pool is deleted. 15 ## Page 19 b. Questions: Respondents evaluated judges on 17 aspects of judicial performance using a grade scale of A, B, C, D, or F. (See Questionnaire section.) These grades were then converted to a numerical score where A = 4, B = 3, C = 2, D = 1 and Fail = 0. The A through F scale was chosen because it is almost universally recognized and understood. This makes it easy for respondents to complete their questionnaire, and for the public to interpret the results. Respondents were also asked if they considered the judge biased toward the defense or prosecution in criminal cases. In a final question, respondents were asked to indicate how strongly they would recommend that the judge be retained or not retained in office. c. Analysis: The Attorneys Regarding District Judges section first shows a table of the percentage distribution for each of the A through F questions, including “don’t know/not applicable” responses. The next column to the right shows the judge’s average grade for each question. For comparison purposes, averages were also computed for all district judges receiving an interim evaluation in 2015 and are shown in the furthest right column on the page. Tables showing the percentage distribution for all questions for all district judges are located at the end of this methodology section. The overall question averages are calculated by adding up the averages for each question and dividing by the number of questions. The next table shows the percentage distribution of the responses to the question about recommending retention. The first column of percentages is for the report-judge and the second column displays the percentages for all district judges. The next page displays the question averages in horizontal bar-graph form. The percentage distribution to the retention question is then presented in the graph on the next page. The last part of the Attorneys Regarding District Judges section of the report lists the comments the attorneys made about the judge’s strengths and weaknesses. d. Comments: Respondents were also asked what they considered to be the judge’s strengths and weaknesses. 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. Before being given to the judge and the Commission, an attempt is made to redact all respondent identifying information from the comments. The number to the left of each comment refers to the same attorney respondent in both the strengths section and the weaknesses section. Most spelling and typographical errors have been corrected. 16 ## Page 20 e. Cooperation Rate: The overall cooperation rate for the Attorneys Regarding Trial Judges Survey is calculated as the number of completed survey evaluations divided by the number of possible evaluations resulting in an overall response rate of 50.0% for district judges and 51.0% for county judges. An equivalent cooperation rate for an individual judge is computed in the same manner. Undeliverable surveys have been excluded from the cooperation rates. II Non-Attorneys Regarding District Judges a. Sample: Research Polling, Inc. received case data with the names of non-attorneys who had likely been in each judge’s courtroom from the following primary sources: •Colorado Judicial Department •Colorado District Attorneys’ Council •Colorado Public Defender’s Office •Denver County Courts •District Attorney’s Office, Second Judicial District (Denver) The data from these different sources are combined, duplicates removed, and addresses corrected. Only the judges that are due to receive an interim evaluation in 2015 were evaluated during this reporting cycle. The intent was to increase the number of completed non- attorney evaluations for each judge by excluding those not due to receive an interim evaluation in 2015. Non-attorneys were surveyed via standard mail. First, they were mailed an initial postcard informing the recipient that he or she would be receiving a questionnaire. Two to three weeks after the postcard was mailed, the potential respondent was sent a personalized introductory letter and a questionnaire with a postage-paid return envelope. If the person did not respond, a second questionnaire and letter were sent approximately four weeks later. Questionnaires are barcoded, and if a respondent mailed back two questionnaires, the second one was deleted from the data file. Since 2010, the non-attorney section of the Judicial Performance Survey reports have been based on a moving average, or rolling sample, of survey results collected over a period of time equal to the judge’s term of office: six years for a district judge and four years for a county judge. To use a district judge as an example: as survey data is collected, it is pooled together for six years. After six years, as new data is added to the judge’s survey results, the oldest data in the pool is deleted. 17 ## Page 21 b. Questions: Respondents evaluated judges on 19 aspects of judicial performance using a grade scale of A, B, C, D, or F. (See Questionnaire section.) These grades were then converted to a numerical score where A = 4, B = 3, C = 2, D = 1 and Fail = 0. The A through F scale was chosen because it is almost universally recognized and understood. This makes it easy for respondents to complete their questionnaire, and for the public to interpret the results. Respondents were also asked if they considered the judge biased toward the defense or prosecution in criminal cases. In a final question, respondents were asked to indicate how strongly they would recommend that the judge be retained or not retained in office. A copy of the questionnaire is included in the last section of this report. c. Analysis: The Non-Attorneys Regarding District Judges section first shows a table of the percentage distribution for each of the A through F questions, including “don’t know/not applicable” responses. The next column to the right shows the judge’s average grade for each question. For comparison purposes, averages were also computed for all district judges receiving an interim evaluation in 2015 and are shown in the furthest right column on the page. Tables showing the percentage distribution for all questions for all district judges are located at the end of this methodology section. The overall question averages are calculated by adding up the averages for each question and dividing by the number of questions. The next table shows the percentage distribution of the responses to the questions about prosecution or defense bias and recommending retention. The first column of percentages is for the report-judge and the second column displays the percentages for all district judges. The next page displays the question averages in horizontal bar-graph form. The percentage distribution of the prosecution-defense bias and retention questions are then presented in the graph on the next page. The last part of the Non-Attorneys Regarding District Judges section of the report lists the comments the non-attorneys made about the judge’s strengths and weaknesses. d. Comments: In addition to the A through F questions, non-attorney respondents were asked what they considered to be the judge’s strengths and weaknesses. 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. Before being given to the judge and the Commission, an attempt is made to redact all respondent identifying information from the comments. The number to the left of each comment refers to the same non-attorney respondent in both the strengths section and the weaknesses section. Most spelling and typographical errors have been corrected. 18 ## Page 22 e. Cooperation Rate: The overall cooperation rate for the non-attorney survey 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 and refusals, undeliverables, and other responses. The table presents the estimated overall cooperation rate as well as the cooperation rate by the different types of respondents. The true cooperation rates are likely higher than shown because of the percentage of people who were mailed questionnaires about judges with whom they may not have had sufficient experience. This is due, in part, to many cases being disposed of without the parties having appeared in court, as well as in the case of law enforcement, the data includes all those who were subpoenaed for a case, not just those who appeared. A table of the response counts by respondent type for Judge O'Hara is shown on the following page, and on the next page is a table of the overall cooperation rates for both the Attorney and Non-Attorney Regarding District Judges surveys for all district judges. 19 ## Page 23 Judge Michael A. O'Hara, III Judge Response Counts by Type of Respondent Total No Undeliverable/ Other Non- Coop Role Type Sent Response Not Applicable Responses Completes Rate Attorneys Criminal District Attorneys 57 24 6 0 27 52.9% Defense Attorneys 64 26 0 0 38 59.4% Civil Attorneys for Litigants 35 17 0 0 18 51.4% Other Attorneys Civil 59 18 11 0 30 62.5% Total Attorneys 215 85 17 0 113 57.1% Non-attorneys Criminal Witness 103 43 26 4 30 39.0% Law Enforcement 2 1 0 0 1 50.0% Defendant 466 175 263 3 25 12.3% Civil Litigant 88 45 18 1 24 34.3% Witness 4 2 0 0 2 50.0% Other 10 5 2 0 3 37.5% Jurors 159 56 12 2 89 60.5% Employees, including Interpreters 39 5 10 0 24 82.8% Probation Officers 11 2 0 0 9 81.8% Total Non-attorneys 882 334 331 10 207 37.6% Grand Total: 1097 419 348 10 320 42.7% Note: “Undeliverable/Not Applicable” surveys are removed from the “Total Sent” prior to calculating the cooperation rate. 2015 Judicial Performance Interim Report 20 ## Page 24 Total Response Counts by Type of Respondent for All District Judges* Total No Undeliverable/ Other Non- Completes Cooperation Sent Response Not Applicable Responses Rate Attorneys Criminal District Attorneys 3259 1426 748 0 1085 43.2% Defense Attorneys 3585 1696 482 0 1407 45.3% Other Attorneys Criminal 25 14 2 0 9 39.1% Civil Attorneys for Litigants 2791 1004 327 0 1460 59.3% Other Attorneys Civil 4006 1545 780 0 1681 52.1% GAL 11 0 0 0 11 100.0% Total Attorneys 13677 5685 2339 0 5653 49.9% Non-attorneys Criminal Victim 43 28 12 0 3 9.7% Witness 7172 3752 2195 336 889 17.9% Other 52 29 16 1 6 16.7% Law Enforcement 2858 1657 623 152 426 19.1% Defendant 16384 7182 8195 112 895 10.9% Civil Litigant 8222 4671 2146 126 1279 21.1% Witness 196 90 49 3 54 36.7% Other 231 105 45 14 67 36.0% Jurors 10278 4073 804 154 5247 55.4% Employees, including Interpreters 567 108 90 10 359 75.3% Probation Officers 432 118 78 1 235 66.4% Total Non-attorneys 46435 21813 14253 909 9460 29.4% Grand Total: 60112 27498 16592 909 15113 34.7% * Includes only the District judges evaluated during this interim cycle. Note: “Undeliverable/Not Applicable” surveys are removed from the “Total Sent” prior to calculating the cooperation rate. 2015 Judicial Performance Interim Report 21 ## Page 25 Survey of Attorneys Regarding District Judges All District Judges* Average Grade Sample Size = 5805 A B C D Fail DK/NA (0.0 to 4.0 scale) 1. Case Management: 1a.Promptly issuing a decision on the case after trial. 49% 20% 7% 3% 2% 19% 3.35 1b.Maintaining appropriate control over proceedings. 61% 23% 9% 3% 2% 2% 3.41 1c.Promptly ruling on pre-trial motions. 48% 24% 10% 4% 3% 11% 3.24 1d.Setting reasonable schedules for cases. 52% 26% 10% 5% 3% 4% 3.24 Overall Case Management 3.31 2. Application and Knowledge of Law: 2a.Being able to identify and analyze relevant facts. 56% 25% 10% 4% 2% 2% 3.31 2b.Basing decisions on evidence and arguments. 52% 23% 12% 6% 4% 3% 3.18 2c.Willing to reconsider error in fact or law. 36% 19% 11% 7% 5% 23% 2.95 2d.Issuing consistent sentences when the circumstances are 43% 28% 11% 5% 3% 11% 3.15 similar. Overall Application and Knowledge of Law 3.15 3. Communications: 3a.Making sure all participants understand the proceedings. 63% 24% 7% 2% 1% 3% 3.51 3b.Providing written communications that are clear, thorough 51% 23% 9% 4% 2% 11% 3.33 and well reasoned. Overall Communications 3.42 4. Demeanor: 4a. Giving proceedings a sense of dignity. 67% 20% 6% 3% 2% 2% 3.49 4b. Treating participants with respect. 65% 18% 7% 4% 4% 1% 3.39 4c. Conducting the courtroom in a neutral manner. 60% 19% 9% 6% 5% 2% 3.26 4d. Consistently applying laws and rules. 54% 22% 10% 5% 4% 5% 3.24 Overall Demeanor 3.35 5. Diligence: 5a.Using good judgment in application of relevant law and 52% 25% 11% 6% 4% 2% 3.18 rules. 5b.Doing the necessary "homework" and being prepared for 57% 22% 9% 4% 3% 4% 3.33 cases. 5c.Being willing to handle cases on the docket even when they 56% 18% 6% 3% 2% 14% 3.42 are complicated and time consuming. Overall Diligence 3.31 Overall Average Grade: 3.29 * Includes only the District judges evaluated during this interim cycle. Note: Respondents rated judges on various questions using an A to F scale, in which the grades were then converted to numerical scores: A= 4, B=3, C=2, D=1 and F=0. An average score of 4.0 is the highest possible score and a 0.0 is the lowest possible score. 'DK/NA' = Don't Know / Not Applicable. 2015 Judicial Performance Interim Report 22 ## Page 26 Survey of Attorneys Regarding District Judges Average Grade All District Judges* (0.0 to 4.0 scale) Would you say the judge is: Very biased in favor of the prosecution 10% Somewhat biased in favor of the prosecution 23% Completely neutral 49% Somewhat biased in favor of the defense 10% Very biased in favor of the defense 3% Don't know or not sure 4% How strongly do you recommend that the Judge be retained in office, or not be retained in office? Strongly recommend retain 57% Recommend retain 22% Neither recommend nor not recommend retain 9% Recommend not retain 6% Strongly recommend not retain 6% Total Retain 79% Neither 9% Total Not Retain 12% * Includes only the District judges evaluated during this interim cycle. 2015 Judicial Performance Interim Report 23 ## Page 27 Survey of Non-Attorneys Regarding District Judges All District Judges* Average Grade Sample Size = 9460 A B C D Fail DK/NA (0.0 to 4.0 scale) 1. Demeanor: 1a.Giving court proceedings a sense of dignity. 78% 13% 4% 1% 2% 1% 3.66 1b.Treating participants in the case politely and with respect. 81% 11% 3% 2% 3% 1% 3.67 1c.Conducting the courtroom in a neutral manner. 78% 11% 4% 2% 3% 1% 3.61 1d.Having a sense of compassion and human understanding 75% 13% 4% 2% 4% 2% 3.56 for those who appear before the judge. Overall Demeanor 3.63 2. Fairness: 2a.Giving participants an opportunity to be heard. 79% 12% 4% 2% 3% 2% 3.64 2b.Treating those involved in the case without bias. 77% 11% 3% 2% 4% 2% 3.57 2c.Treating fairly people who represent themselves. 53% 7% 2% 1% 3% 33% 3.60 2d.Giving each side enough time to present their case. 77% 12% 4% 2% 3% 4% 3.64 Overall Fairness 3.61 3. Communications: 3a.Making sure participants understand the proceedings, and 78% 13% 4% 1% 2% 1% 3.67 what's going on in the courtroom. 3b.Using language that everyone can understand. 79% 14% 4% 1% 1% 1% 3.70 3c.Speaking clearly so everyone in the courtroom can hear 81% 13% 3% 1% 1% 1% 3.73 what's being said. Overall Communications 3.70 4. Diligence: 4a.Beginning court on time. 69% 19% 6% 2% 2% 2% 3.54 4b.Maintaining appropriate control over proceedings. 80% 12% 4% 1% 1% 2% 3.71 4c.Setting reasonable schedules for cases. 69% 14% 4% 1% 2% 8% 3.61 4d.Being prepared for cases. 77% 11% 3% 2% 2% 5% 3.67 4e.Managing court proceedings so that there is little wasted 70% 17% 6% 2% 2% 3% 3.54 time. Overall Diligence 3.61 5. Application of Law: 5a.Giving reasons for rulings. 70% 14% 4% 2% 3% 7% 3.56 5b.Willing to make decision without regard to possible outside 67% 10% 3% 2% 3% 16% 3.59 pressure. 5c.Being able to identify and analyze relevant facts. 72% 11% 3% 2% 4% 7% 3.56 Overall Application of Law 3.57 Overall Average Grade: 3.62 * Includes only the District judges evaluated during this interim cycle. Note: Respondents rated judges on various questions using an A to F scale, in which the grades were then converted to numerical scores: A= 4, B=3, C=2, D=1 and F=0. An average score of 4.0 is the highest possible score and a 0.0 is the lowest possible score. 'DK/NA' = Don't Know / Not Applicable. 2015 Judicial Performance Interim Report 24 ## Page 28 Survey of Non-Attorneys Regarding District Judges Average Grade All District Judges* (0.0 to 4.0 scale) 6. How biased do you think the Judge is toward the defense or prosecution? [Please see the questionnaire at the end of report for question wording.] Biased in favor of the prosecution total 9% Competely neutral 84% Biased in favor of the defense total 8% Average 0.05 7. How lenient or harsh do you think the sentences generally handed down by Judge are? [Please see the questionnaire at the end of report for question wording.] Harsh sentencing total 10% Competely neutral 78% Lenient sentencing total 12% Average 0.01 How strongly do you recommend that the Judge be retained, or not be retained in office? Strongly recommend retain 74% Recommend retain 13% Neither recommend nor not recommend retain 5% Recommend not retain 2% Strongly recommend not retain 5% Total Retain 87% Neither 5% Total Not Retain 7% * Includes only the District judges evaluated during this interim cycle. 2015 Judicial Performance Interim Report 25 ## Page 29 QQuueessttiioonnnnaaiirreess ## Page 30 Colorado Judicial Performance Attorneys Regarding Trial Judges Survey Questions _ Which of the following types of cases have you observed Judge (Last Name)’s performance? Please circle all that apply. (Only respondents who indicate they have observed the judge in “criminal other than traffic” cases will be asked question 2d and the “bias” question between 5 and 6.) Civil . 1 Criminal other than traffic . 2 Traffic . 3 Domestic . 4 Juvenile . 5 Probate . 6 Other . 9 Using a grade scale, where an "A" is excellent along with B, C, D or F for fail, please grade Judge [Last Name] on the following. If, for a specific question you feel that you do not have enough information to grade the judge, please check DK/NA for Don't Know/Not Applicable. 1. Case Management: a. Promptly issuing a decision on the case after trial. A B C D F DK/NA b. Maintaining appropriate control over proceedings. A B C D F DK/NA c. Promptly ruling on pre-trial motions. A B C D F DK/NA d. Setting reasonable schedules for cases. A B C D F DK/NA 2. Application and Knowledge of Law: a. Being able to identify and analyze relevant facts. A B C D F DK/NA b. Basing decisions on evidence and arguments. A B C D F DK/NA c. Willing to reconsider error in fact or law. A B C D F DK/NA d. [Criminal only] Issuing consistent sentences when the circumstances are similar. A B C D F DK/NA 3. Communications: a. Making sure all participants understand the proceedings. A B C D F DK/NA b. Providing written communications that are clear, thorough and well reasoned. A B C D F DK/NA 4. Demeanor: a. Giving proceedings a sense of dignity. A B C D F DK/NA b. Treating participants with respect. A B C D F DK/NA c. Conducting the courtroom in a neutral manner. A B C D F DK/NA d. Consistently applying laws and rules. A B C D F DK/NA 1 ## Page 31 5. Diligence: a. Using good judgment in application of relevant law and rules. A B C D F DK/NA b. Doing the necessary “homework” and being prepared for cases. A B C D F DK/NA c. Being willing to handle cases on the docket even when they are complicated and time consuming. A B C D F DK/NA Having observed Judge (Last Name) in a criminal case, would you say the judge is: (This question is asked only if respondent indicated at the beginning of the survey he/she observed the judge in a criminal case.) Very biased in favor of the prosecution . 1 Somewhat biased in favor of the prosecution . 2 Completely Neutral . 3 Somewhat biased in favor of the defense . 4 Very biased in favor of the defense . 5 Don’t Know/Not Sure . 9 6. What would you say are Judge (Last Name)’s strengths? _ _ _ 7. What would you say are Judge (Last Name)’s weaknesses? _ _ _ 8. Keeping in mind your responses to each of the previous questions, how strongly do you recommend that Judge (Last Name) be retained in office, or not be retained in office? Strongly recommend retain in office . 5 Recommend retain in office . 4 Neither recommend nor not recommend retain in office . 3 Recommend not retain in office . 2 Strongly recommend not retain in office . 1 2 ## Page 32 9. And what would you say are Judge [Last Name]’s weaknesses? _ _ _ _ Commission on Judicial Performance _ _ Evaluation of 10. Keeping in mind your responses to each of the previous questions, how JUDGE [FULL NAME] strongly do you recommend that Judge [Last Name] be retained in office, or not retained in office? Strongly recommend retain in office . 5 Recommend retain in office . 4 Neither recommend nor not recommend retain in office. 3 If we have made a mistake and you either were not in Judge [Last Recommend not retain in office . 2 Name]’s courtroom or you feel that you do not have sufficient Strongly recommend not retain in office . 1 experience with Judge [Last Name] to have an opinion on the judge’s judicial performance, please just return this questionnaire, unanswered, in the enclosed postage-paid envelope, to stop any further requests to evaluate Judge [Last Name]. Thank you for taking the time to complete this questionnaire. Please place it in the self-addressed, postage-paid envelope provided and place it in the mail. Your participation in this survey is very much appreciated. Using a grade scale, where an “A” is excellent along with B, C, D or F for fail, please grade the judge on the following. (If you feel that you don’t have experience with the judge in a specific area, or just don’t know, please circle the number corresponding to “Don’t Know/Not Applicable”—DK/NA). DK 1. Demeanor: A B C D F N/A a. Giving court proceedings a sense of dignity. 4 3 2 1 0 9 b. Treating participants in the case politely and with respect. 4 3 2 1 0 9 c. Conducting the 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 the judge. 4 3 2 1 0 9 Barcode ## Page 33 DK 6. [If you were in [Last Name]’s courtroom during a criminal case or 2. Fairness: A B C D F N/A cases please answer this question, otherwise skip to the next a. Giving participants an opportunity to be heard. 4 3 2 1 0 9 question.] On the scale below, please indicate by circling the appropriate b. Treating those involved in the case without bias. 4 3 2 1 0 9 number how biased you think Judge [Last Name] is toward the defense or c. Treating fairly people who represent themselves. 4 3 2 1 0 9 the prosecution. If you feel Judge [Last Name] is completely unbiased, circle “0.” d. Giving each side enough time to present their case. 4 3 2 1 0 9 Bias toward Completely Bias toward Defense Neutral Prosecution DK 3. Communications: A B C D F N/A 5 4 3 2 1 0 1 2 3 4 5 a. Makings sure participants understand the proceedings, and what’s going on in the 7. [If you were in [Last Name]’s courtroom during a criminal case or courtroom. 4 3 2 1 0 9 cases please answer this question, otherwise skip to the next b. Using language that everyone can understand. 4 3 2 1 0 9 question.] On the scale below, please indicate by circling the appropriate c. Speaking clearly so everyone in the courtroom number how lenient or how harsh you think the sentences generally handed can hear what’s being said. 4 3 2 1 0 9 down by [Last Name] are. If you feel Judge [Last Name] generally hands down appropriate sentences, circle “0.” DK 4. Diligence: A B C D F N/A Sentences Appropriate Sentences Too Light Sentences Too Harsh a. Beginning court on time. 4 3 2 1 0 9 b. Maintaining appropriate control over 5 4 3 2 1 0 1 2 3 4 5 proceedings. 4 3 2 1 0 9 c. Setting reasonable schedules for cases. 4 3 2 1 0 9 d. Being prepared for cases. 4 3 2 1 0 9 Though your name will never be associated with your answers, because the judge will e. Managing court proceedings so that there is see a typed transcript of the comments that you and others write, it is important that little wasted time. 4 3 2 1 0 9 you do not include information in the comments below that would unintentionally identify you as the author. DK 8. What would you say are Judge [Last Name]’s strengths? 5. Application of Law: A B C D F N/A ___________________________________________________________ a. Giving reasons for rulings. 4 3 2 1 0 9 ___________________________________________________________ b. Willing to make decision without regard to ___________________________________________________________ possible outside pressure. 4 3 2 1 0 9 ___________________________________________________________ ___________________________________________________________ c. Being able to identify and analyze relevant facts. 4 3 2 1 0 9 ___________________________________________________________ Continued on Back Page - 2018 Retention Survey Report(PDF on OJPE)Overall score3.3judge rating, 0–4 scaleAttorneys recommend79%respondent count not on recordNon-attorneys recommend86%respondent count not on record
Read full retention survey textexpand
## Page 1 The Honorable Michael A. O’Hara, III 2018 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 . 1 Overall Score . 1 Performance Scores . 2 Individual Category Scores . 3 Summary of Responses . 4 Survey of Attorneys . 5 Methodology and How to Read Results . 5 Case Management . 8 Application and Knowledge of Law . 9 Communications .10 Demeanor .11 Diligence .12 Performance Score.13 Survey of Appellate Judges.14 Methodology and How to Read Results .14 Results .15 Survey of Non Attorneys .16 Methodology and How to Read Results .16 Demeanor .19 Fairness .20 Communications .21 Diligence .22 Application of Law .23 Performance Score.24 i ## Page 3 Summary of Results For Judge Michael A. O’Hara, III, 71 qualified survey respondents submitted surveys. Of those who responded, 59 agreed they had worked with Judge O’Hara, III enough to evaluate his performance. This report reflects these 59 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 Figure 1 3.93 3.96 4 3.63 3.30 3 2.73 2 1 0 Combined Attorneys Total Non-Attorneys Jurors Non-Attorneys Other* Table 1 Judge Michael A. O'Hara, III Overall Scores Non-Attorneys Non- Total Non- Combined Attorneys Jurors Attorneys Attorneys Other* Overall Grade 3.3 2.73 3.63 3.93 3.96 * The Non-Attorney Other category includes law enforcement personnel, defendants, litigants, and witnesses. 2018 Judicial Performance Survey Report for Judge Michael A. O'Hara, III 1 ## Page 4 Performance Scores Figure 2 100% 100% 100% 86% 79% 80% 67% 60% 40% 19% 20% 14% 10%10% 8% 5% 0% Combined Attorneys Total Non-Attorneys Jurors Non-Attorneys Other Yes, meets performance standards No, does not meet performance standards No opinion Table 2 Judge Michael A. O'Hara, III Overall Retention Scores Non-Attorneys Total Non- Combined Attorneys Non- Jurors Attorneys Attorneys Other Yes, meets performance 79% 67% 86% 100% 100% standards No, does not meet performance 10% 19% 5% 0% 0% standards No opinion 10% 14% 8% 0% 0% 2018 Judicial Performance Survey Report for Judge Michael A. O'Hara, III 2 ## Page 5 Individual Category Scores Table 3 Judge Michael A. O'Hara, III Overall Category Scores Non-Attorneys Non- Area Attorneys Total Jurors Attorneys Other Case Management 2.34 N/A N/A N/A Application and 2.54 3.64 4.00 3.90 Knowledge of Law Communications 3.07 3.79 4.00 4.00 Diligence 3.00 3.60 3.72 3.90 Demeanor 2.68 3.57 3.95 4.00 Fairness N/A 3.56 4.00 4.00 2018 Judicial Performance Survey Report for Judge Michael A. O'Hara, III 3 ## Page 6 Summary of Responses Table 4: Response Rates Undeliverable % Without Response Group Total Sent or Not Complete sufficient Rate Applicable* knowledge** Attorneys 71 0 26 37% 19% Total Non- 308 74 45 19% 16% Attorneys Staff 48 0 30 63% 13% Jurors 25 0 5 20% 0% Other Non- 235 74 10 6% 30% Attorneys *Undeliverable or Not Applicable surveys are those that were returned as undeliverable, the person no longer works at the address provided, or the respondent is deceased. **The percent without sufficient knowledge are those that said they had insufficient experience to evaluate the judge or justice. 2018 Judicial Performance Survey Report for Judge Michael A. O'Hara, III 4 ## Page 7 Survey of Attorneys Methodology and How to Read Results For Judge O’Hara, III, 26 qualified survey respondents submitted surveys. Of those who responded, 21 agreed they had worked with Judge O’Hara, III enough to evaluate his performance. This report reflects these 21 responses. The survey results are divided into nine sections: Retention, Case Management, Application and Knowledge of Law, Communications, Demeanor, Diligence, Bias, Strengths, and Weaknesses. The results are shown in both graphs and tables. Each judge’s scores are shown along with a comparison to other judges who serve at the same court level. The comparison group is called “District Judges” on the charts. a. Response rates During the 2017 administration, a total of 20,283 survey invitations were sent to 6,391 attorneys inviting them to evaluate judges and justices standing for retention in 2018. On average, each attorney was asked to evaluate 3.2 judges. In total 3,983 surveys were completed with an additional 1,943 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 29% and the survey completion rate (the number of those familiar enough to evaluate the judge divided by the total number of attorney responses including those indicating they did not have sufficient familiarity to evaluate the judge) was 67%. b. Methodology The 2017 attorney survey was conducted online beginning on August 8th, 2017. Attorneys with appearances in front of judges during the first and second quarters of 2017 were first mailed a pre-notification letter on August 8th, 2017 informing them about the survey and providing a link and login information to access the survey online. Next, a series of three email invitations were sent on August 10th, August 29th, and September 21st. This process was repeated among attorneys with appearances in the third quarter of 2017 beginning with a pre-notification letter sent on November 10th, 2017. The letter was followed up by email invitations sent on November 20th, December 4th, and December 12th. To further increase the amount of data collected, an additional cycle of data collection took place in February 2018. Invitations were emailed to attorneys with appearances during the 4th quarter of 2017. This cycle included a pre-notification letter sent on February 12th, followed up by email invitations sent on February 15th, and February 19th. Additional invitations and reminders were sent out on request throughout the data collection process. Appellate staff attorneys received the same survey as other attorneys, but were invited separately with a series of email invitations starting with the initial invite on December 14th and followed by a reminder on January 10th, 2018. 2018 Judicial Performance Survey Report for Judge Michael A. O'Hara, III 5 ## Page 8 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. This question was re-worded from previous survey administrations when respondents were asked how strongly they would or would not recommend a judge for retention. The question wording for the core of the survey was carried over from the 2016 administration with only minor changes to make the survey gender neutral. The questions were originally developed in 1998 to meet the criteria outlined in statute 13-5.5-101 et seq. Question Category Areas* Appellate Trial Judge: Judge/Justice Attorney Survey Attorney Survey Question Categories Appellate Judge General Questions 6 Application and Knowledge of Law 5 Case Management 4 Communications 2 Demeanor 3 Diligence 3 Writing 6 Individual Questions Meets Performance Standards 1 1 *The numbers in the table refer to the number of question s asked in each categ ory by survey group. 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. 2018 Judicial Performance Survey Report for Judge Michael A. O'Hara, III 6 ## Page 9 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 questions on bias and 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. 2018 Judicial Performance Survey Report for Judge Michael A. O'Hara, III 7 ## Page 10 Case Management Using a grade scale, where an "A" is excellent along with B, C, D or F for fail, please grade Judge O’Hara, III on the following. If, for a specific question you feel that you do not have enough information to grade the judge, please check DK/NA for Don't Know/Not Applicable. Figure 3 0 1 2 3 4 2.34 Case Management Overall Average 3.38 1.94 Promptly issuing a decision on the case after trial 3.42 2.57 Maintaining appropriate control over proceedings 3.43 2 Promptly ruling on pre-trial motions 3.31 2.67 Setting reasonable schedules for cases 3.37 Judge O'Hara, III All District Judges Table 5 Case Management Judge Michael A. A B C D Fail DK/NA Total O'Hara, III Promptly issuing a decision on the 3 3 6 2 4 3 21 case after trial Maintaining appropriate control 7 6 3 2 3 -- 21 over proceedings Promptly ruling on 2 5 5 3 3 3 21 pre-trial motions Setting reasonable schedules for 7 7 3 1 3 -- 21 cases *Respondents were not required to answer every question. The sum of those giving letter grades may not match the total due to questions being left blank. 2018 Judicial Performance Survey Report for Judge Michael A. O'Hara, III 8 ## Page 11 Application and Knowledge of Law Using a grade scale, where an "A" is excellent along with B, C, D or F for fail, please grade Judge O’Hara, III on the following. If, for a specific question you feel that you do not have enough information to grade the judge, please check DK/NA for Don't Know/Not Applicable. Figure 4 0 1 2 3 4 2.54 Application and Knowledge of Law Overall Average 3.26 2.62 Being able to identify and analyze relevant facts 3.35 2.52 Basing decisions on evidence and arguments 3.22 Issuing consistent sentences when the circumstances 2.82 are similar 3.20 2.33 Being fair and impartial to both sides of the case 3.24 2.43 Consistently applying laws and rules 3.25 Judge O'Hara, III All District Judges Table 6 Application and Knowledge of Law Judge Michael A. O'Hara, III A B C D Fail DK/NA Total Being able to identify and 4 9 6 -- 2 -- 21 analyze relevant facts Basing decisions on evidence 6 6 5 1 3 -- 21 and arguments Issuing consistent sentences when the circumstances are 1 7 3 -- -- 2 13 similar Being fair and impartial to both 5 5 5 4 2 -- 21 sides of the case Consistently applying laws and 4 7 6 2 2 -- 21 rules *Respondents were not required to answer every question. The sum of those giving letter grades may not match the total due to questions being left blank. 2018 Judicial Performance Survey Report for Judge Michael A. O'Hara, III 9 ## Page 12 Communications Using a grade scale, where an "A" is excellent along with B, C, D or F for fail, please grade Judge O’Hara, III on the following. If, for a specific question you feel that you do not have enough information to grade the judge, please check DK/NA for Don't Know/Not Applicable. Figure 5 0 1 2 3 4 3.07 Communications Overall Average 3.44 3.29 Making sure all participants understand the proceedings 3.55 2.86 Providing written communications that are clear, thorough and well reasoned 3.35 Judge O'Hara, III All District Judges Table 7 Communications Judge Michael A. O'Hara, III A B C D Fail DK/NA Total Making sure all participants 11 6 3 1 -- -- 21 understand the proceedings Providing written communications that are clear, 7 7 5 1 1 -- 21 thorough and well reasoned *Respondents were not required to answer every question. The sum of those giving letter grades may not match the total due to questions being left blank. 2018 Judicial Performance Survey Report for Judge Michael A. O'Hara, III 10 ## Page 13 Demeanor Using a grade scale, where an "A" is excellent along with B, C, D or F for fail, please grade Judge O’Hara, III on the following. If, for a specific question you feel that you do not have enough information to grade the judge, please check DK/NA for Don't Know/Not Applicable. Figure 6 0 1 2 3 4 2.68 Demeanor Overall Average 3.42 2.81 Giving proceedings a sense of dignity 3.50 2.67 Treating participants with respect 3.44 2.57 Conducting his/her courtroom in a neutral manner 3.33 Judge O'Hara, III All District Judges Table 8 Demeanor Judge Michael A. O'Hara, III A B C D Fail DK/NA Total Giving proceedings a sense of 7 8 3 1 2 -- 21 dignity Treating participants with respect 8 4 5 2 2 -- 21 Conducting his/her courtroom in a 8 4 3 4 2 -- 21 neutral manner *Respondents were not required to answer every question. The sum of those giving letter grades may not match the total due to questions being left blank. 2018 Judicial Performance Survey Report for Judge Michael A. O'Hara, III 11 ## Page 14 Diligence Using a grade scale, where an "A" is excellent along with B, C, D or F for fail, please grade Judge O’Hara, III on the following. If, for a specific question you feel that you do not have enough information to grade the judge, please check DK/NA for Don't Know/Not Applicable. Figure 7 0 1 2 3 4 3 Diligence Overall Average 3.35 Using good judgment in application of relevant law and 2.67 rules 3.23 Doing the necessary “homework” and being prepared 3.14 for cases 3.39 Being willing to handle cases on the docket even when 3.15 they are complicated and time consuming 3.46 Judge O'Hara, III All District Judges Table 9 Diligence Judge Michael A. O'Hara, III A B C D Fail DK/NA Total Using good judgment in application of relevant 6 6 6 2 1 -- 21 law and rules Doing the necessary “homework” and being 11 4 4 2 -- -- 21 prepared for cases Being willing to handle cases on the docket even when they are complicated and time 10 5 3 2 -- 1 21 consuming *Respondents were not required to answer every question. The sum of those giving letter grades may not match the total due to questions being left blank. 2018 Judicial Performance Survey Report for Judge Michael A. O'Hara, III 12 ## Page 15 Performance Score Based on your responses to the previous questions related to the performance evaluation criteria, do you think Judge O’Hara, III meets judicial performance standards? Table 10 Judge Michael A. O'Hara, III Yes, meets performance 67% standards No, does not meet 19% performance standards No opinion 14% 2018 Judicial Performance Survey Report for Judge Michael A. O'Hara, III 13 ## Page 16 Survey of Appellate Judges Methodology and How to Read Results For Judge O’Hara, III, 16 qualified survey respondents submitted surveys. Of those who responded, 12 agreed they had worked with Judge O’Hara, III enough to evaluate his performance. This report reflects these 12 responses. a. Response rates Invitations were sent via email to all 28 Supreme Court justices and Court of Appeals judges. Of these, 16 completed the survey. The response rate was 57% and the completion rate was 100%. b. Methodology Appellate judges were surveyed to evaluate the performance of district judges. This evaluation of district judges was conducted via an online survey hosted in the Qualtrics research suite survey software. An email invitation was sent on January 16th, 2018. 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. 2018 Judicial Performance Survey Report for Judge Michael A. O'Hara, III 14 ## Page 17 Results Using a grade scale, where "A" is excellent along with B, C, D, or F for fail, please grade the following district judges in terms of each one's overall performance as a judge by selecting the appropriate letter grade. If you feel that you don't have enough information about a judge to mark a specific grade, please select "No Grade". Figure 8 0.00 1.00 2.00 3.00 4.00 3.92 Overall performance as a judge 3.36 Judge O'Hara, III All District Judges Table 11 Evaluation by Appellate Court Judges Judge Michael A. A B C D Fail DK/NA Total O'Hara, III Overall performance as a 11 1 -- -- -- 3 15 judge *Respondents were not required to answer every question. The sum of those giving letter grades may not match the total due to questions being left blank. 2018 Judicial Performance Survey Report for Judge Michael A. O'Hara, III 15 ## Page 18 Survey of Non Attorneys Methodology and How to Read Results For Judge Michael A. O’Hara, III, 45 qualified survey respondents submitted surveys. Of those who responded, 38 agreed they had worked with Judge O’Hara, III enough to evaluate their performance. This report reflects these 38 responses. a. Response rates During the 2017 administration, 5,130 survey invitations have been sent to court staff members and 100,869 to other non-attorneys. Among court staff, 1,334 complete surveys have been received and an additional 569 indicated that they did not have enough experience to evaluate the judge. The response rate among court staff is 30% and the completion rate is 70%. Among other non-attorneys, 2,824 complete surveys have been received and an additional 1,549 indicated that they did not have enough experience to evaluate the judge. The response rate among other non-attorneys was 6% and the completion rate was 74%. b. Methodology The 2017 non-attorney survey was conducted via a mixed mode online and mail survey beginning August 17th, 2017 and ending on February 20th, 2018. Due to the ability to contact court staff via email, respondents were split into two groups for data collection: court staff and other non-attorneys. The court staff group includes staff members, interpreters and probation officers. The other non-attorney group includes jurors, defendants, witnesses, litigants, and law enforcement personnel. Court staff members were invited via emailed invitations sent on December 5th and a reminder sent on December 13th. Other non-attorneys with court experiences in the first and second quarters of 2017 where no email addresses were available were first mailed a pre-notification letter sent on August 17th informing them about the survey and providing a link and login information to access the survey online. This was followed up with a second mailing that also included the information to access the survey online, as well as a full printed survey booklet and postage-paid return envelope. This second mailing was sent on September 18th, 2017. This process for other non-attorneys was repeated for those who had experience with judges during the third quarter of 2017. For this cycle the pre-notification letter was sent on November 14th, and the survey booklet on December 13th. For respondents with court experiences during the 4th quarter of 2017, the order of the mailings was switched due to the constraints of the reporting schedule. The first mailing, sent on January 29th, included the full survey booklet and a return mailing envelope as well as instructions to access the survey online. The second mailing, sent on February 14th, included only a letter with instructions to complete the survey online and reminded them of the survey closing on February 20th. 2018 Judicial Performance Survey Report for Judge Michael A. O'Hara, III 16 ## Page 19 In addition to the main non-attorney survey where respondents were invited to participate, there was also a citizen feedback survey available to all citizens on the OJPE website. This survey opened on August 20th, 2017 and data was downloaded for analysis on February 20th, 2018. During this period 54 valid responses were received. The survey remained open and any responses received after February 20th or for judges not standing for retention in 2018 were held over to be included in the 2019 evaluation cycle. The core questions of this survey matched the regular non-attorney survey with additional demographic questions to identify both the judge and the respondent leaving feedback. When leaving feedback, respondents were required to leave their name and contact information as well as pass a captcha verification check to prevent automated responses. During analysis, these responses were screened so that each respondent could only evaluate each judge or justice once during the cycle and to remove responses for those that provided false or incomplete contact information. c. Questions Respondents evaluated judges on 19 aspects of judicial performance using a 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. This question was re-worded from previous survey administrations when respondents were asked how strongly they would or would not recommend a judge for retention. Question Category Areas* Court Staff Other Non-attorneys Question Categories Application of Law 3 3 Communications 3 3 Demeanor 4 4 Diligence 5 5 Fairness 4 4 Individual Questions Meets Performance Standards 1 1 *The numbers in the table refer to the number of question s asked in each catego ry by survey group. 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 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. This score will have the same numerical range as the individual questions from zero to four. 2018 Judicial Performance Survey Report for Judge Michael A. O'Hara, III 17 ## Page 20 Each category score is calculated by averaging the responses to all questions answered by the respondent with each category. This score will have the same numerical range as the individual questions from zero to four. Similarly, an average score is calculated for each individual question with the exception of the meets performance standards question. 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 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. That is, the percentage of respondents that assigned a rating of A, B, C, D, and F. 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. Respondents were also asked what they considered to be the judge’s strengths and weaknesses and allowed to leave open ended responses to each. 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. 2018 Judicial Performance Survey Report for Judge Michael A. O'Hara, III 18 ## Page 21 Demeanor Using a grade scale, where an “A” is excellent along with B, C, D or F for fail, please grade the judge on the following. If you feel that you don’t have experience with the judge in a specific area, or just don’t know, please mark “Don’t Know/Not Applicable”—DK/NA. Figure 9 0 1 2 3 4 3.57 Demeanor Overall Average 3.56 3.71 Giving proceedings a sense of dignity 3.62 3.53 Treating participants with respect 3.59 3.42 Conducting his/her courtroom in a neutral manner 3.52 Having a sense of compassion and human 3.59 understanding for those who appear before him/her 3.51 Judge O'Hara, III All District Judges Table 12 Demeanor Judge Michael A. O'Hara, III A B C D Fail DK/NA Total Giving proceedings a sense of dignity 29 7 2 -- -- -- 38 Treating participants with respect 27 8 1 -- 2 -- 38 Conducting his/her courtroom in a neutral 26 7 2 1 2 -- 38 manner Having a sense of compassion and human understanding for those who appear before 29 4 2 1 1 1 38 him/her *Respondents were not required to answer every question. The sum of those giving letter grades may not match the total due to questions being left blank. 2018 Judicial Performance Survey Report for Judge Michael A. O'Hara, III 19 ## Page 22 Fairness Using a grade scale, where an “A” is excellent along with B, C, D or F for fail, please grade the judge on the following. If you feel that you don’t have experience with the judge in a specific area, or just don’t know, please mark “Don’t Know/Not Applicable”—DK/NA. Figure 10 0 1 2 3 4 3.56 Fairness Overall Average 3.54 3.58 Giving participants an opportunity to be heard 3.58 3.38 Treating those involved in the case without bias 3.49 3.72 Treating fairly people who represent themselves 3.60 3.54 Giving each side enough time to present his or her case 3.57 Judge O'Hara, III All District Judges Table 13 Fairness Judge Michael A. O'Hara, III A B C D Fail DK/NA Total Giving participants an 29 4 4 -- 1 -- 38 opportunity to be heard Treating those involved in the 26 5 3 -- 3 -- 37 case without bias Treating fairly people who 25 5 2 -- -- 6 38 represent themselves Giving each side enough time 28 3 4 2 -- 1 38 to present his or her case *Respondents were not required to answer every question. The sum of those giving letter grades may not match the total due to questions being left blank. 2018 Judicial Performance Survey Report for Judge Michael A. O'Hara, III 20 ## Page 23 Communications Using a grade scale, where an “A” is excellent along with B, C, D or F for fail, please grade the judge on the following. If you feel that you don’t have experience with the judge in a specific area, or just don’t know, please mark “Don’t Know/Not Applicable”—DK/NA. Figure 11 0 1 2 3 4 3.79 Communications Overall Average 3.69 3.84 Making sure all participants understand the proceedings 3.66 3.78 Using language that everyone can understand 3.69 Speaking clearly so everyone in the courtroom can hear 3.76 what’s being said 3.72 Judge O'Hara, III All District Judges Table 14 Communications Judge Michael A. O'Hara, III A B C D Fail DK/NA Total Making sure all participants understand the 31 6 -- -- -- -- 37 proceedings Using language that everyone can understand 30 6 1 -- -- -- 37 Speaking clearly so everyone in the courtroom can 29 7 1 -- -- -- 37 hear what’s being said *Respondents were not required to answer every question. The sum of those giving letter grades may not match the total due to questions being left blank. 2018 Judicial Performance Survey Report for Judge Michael A. O'Hara, III 21 ## Page 24 Diligence Using a grade scale, where an “A” is excellent along with B, C, D or F for fail, please grade the judge on the following. If you feel that you don’t have experience with the judge in a specific area, or just don’t know, please mark “Don’t Know/Not Applicable”—DK/NA. Figure 12 0 1 2 3 4 3.6 Diligence Overall Average 3.57 3.61 Beginning court on time 3.56 Doing the necessary “homework” and being prepared 3.56 for cases 3.61 3.75 Maintaining appropriate control over proceedings 3.65 3.56 Setting reasonable schedules for cases 3.55 Managing court proceedings so that there is little 3.5 wasted time 3.51 Judge O'Hara, III All District Judges Table 15 Diligence Judge Michael A. O'Hara, III A B C D Fail DK/NA Total Beginning court on time 25 8 3 -- -- 1 37 Doing the necessary “homework” and being 25 7 3 1 -- -- 36 prepared for cases Maintaining appropriate control over 29 5 2 -- -- 1 37 proceedings Setting reasonable schedules for cases 24 6 3 1 -- 3 37 Managing court proceedings so that there is 25 5 5 1 -- 1 37 little wasted time *Respondents were not required to answer every question. The sum of those giving letter grades may not match the total due to questions being left blank. 2018 Judicial Performance Survey Report for Judge Michael A. O'Hara, III 22 ## Page 25 Application of Law Using a grade scale, where an “A” is excellent along with B, C, D or F for fail, please grade the judge on the following. If you feel that you don’t have experience with the judge in a specific area, or just don’t know, please mark “Don’t Know/Not Applicable”—DK/NA. Figure 13 0 1 2 3 4 3.64 Application and Knowledge of Law Overall Average 3.52 3.74 Giving reasons for rulings 3.53 Willing to make decision without regard to possible 3.52 outside pressure 3.56 3.67 Being able to identify and analyze relevant facts 3.50 Judge O'Hara, III All District Judges Table 16 Application and Knowledge of Law Judge Michael A. O'Hara, III A B C D Fail DK/NA Total Giving reasons for rulings 27 5 2 -- -- 3 37 Willing to make decision without regard to possible outside 23 6 3 -- 1 4 37 pressure Being able to identify and 28 4 4 -- -- 1 37 analyze relevant facts *Respondents were not required to answer every question. The sum of those giving letter grades may not match the total due to questions being left blank. 2018 Judicial Performance Survey Report for Judge Michael A. O'Hara, III 23 ## Page 26 Performance Score Based on your responses to the previous questions related to the performance evaluation criteria, do you think Judge O’Hara, III meets judicial performance standards? Table 17 Judge Michael A. O'Hara, III Yes, meets performance 86% standards No, does not meet 5% performance standards No opinion 8% 2018 Judicial Performance Survey Report for Judge Michael A. O'Hara, III 24
- 2006 cycle
- 2006 Retention Survey Report(PDF on OJPE)
Read full retention survey textexpand
## Page 1 State of Colorado Logo COMMISSION ON JUDICIAL PERFORMANCE TThhee HHoonnoorraabbllee MMiicchhaaeell AAnnddrreeww OO''HHaarraa,, IIIIII 2006 Judicial Performance Survey 14th Judicial District ## Page 2 April 26, 2006 The Honorable Michael A. O'Hara, III Routt County Courthouse P.O. Box 773117 Steamboat Springs, CO 80477 Dear Judge O'hara: Every two years the Colorado Judicial Performance Commission conducts a survey of people who have been in the courtroom of judges who face a retention vote in the next general election. The 2006 survey was conducted by Talmey-Drake Research & Strategy, Inc., who attempted to contact over 75,000 people who had been in these courtrooms in one capacity or another. Over 21,000 people responded—4,600 to the attorney survey and 17,000 to the non-attorney survey. This report contains the results of those who were in your courtroom and who responded to the survey. In addition to this introduction, the report is divided into four main sections: · Attorney Results & Comments: This section contains graphs displaying the average grade you received overall (the combined average from questions 1a through 5e), each section and each question. Following the graphs, are a series of tables showing the percentage distribution of responses to each question. Attorney respondents were also asked to comment about your performance. These comments have been transcribed, and in some instances redacted to eliminate respondent identifying information. A copy of the attorney questionnaire is at the back of this report. · Non-attorney Results & Comments: Similar to the Attorney section, this portion of the report contains graphs (again including the overall average of questions 1a through 5c on the non-attorney questionnaire), the percentage distribution of responses by non-attorneys to each substantive question in the survey. The non-attorney respondents were also asked to comment about your performance. Again, these comments have been transcribed, and in some instances redacted to eliminate respondent identifying information. A copy of the non-attorney questionnaire is also at the back of this report. · Methodology: The third section of the report discusses the methodology of the survey. · Questionnaires: And the final section provides copies of the questionnaires that were used. 100 Arap ahoe, Suite One, Boulder, CO 80302 Phone 303.443.5300 Fax 303.447.9386 ## Page 3 April, 26 2006 The Honorable Michael A. O'Hara, III Page 2 If you have any questions about the methodology and how the survey was conducted, please feel free to contact me at 303-443-5300, and for any other questions you might have about the survey please call the Director of the Colorado Judicial Performance Program, Jane Howell, at 303-837-3665. Best regards, Paul A. Talmey President enc: ## Page 4 AAttttoorrnneeyy SSuurrvveeyy ## Page 5 Michael Andrew O'Hara, III Attorney Survey Average Grades: Overall and by Section 3.4 Overall Average 3.4 3.4 3.4 Q1. Overall Case 3.4 Management 3.4 3.2 Q2. Overall App & 3.4 Knowldge of Law 3.3 3.7 Q3. Overall 3.6 Communications 3.6 3.5 Q4. Overall Demeanor 3.5 3.5 3.3 Q5. Overall Diligence 3.4 3.4 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Michael Andrew O'Hara, III District Judges All Trial Judges Judicial Performance Survey 2006 Page 1 ## Page 6 Michael Andrew O'Hara, III Attorney Survey Average Grades: Case Management 3.4 Q1. Overall Case Management 3.4 3.4 3.5 1a. Promptly making rulings 3.6 during trial 3.6 3.7 1b. Beginning court on time 3.5 3.4 3.3 1c. Allotting appropriate 3.3 amount of time for cases 3.3 3.4 1d. Keeping cases moving 3.3 according to schedule 3.3 3.1 1e. [Civil only] Assisting 3.1 parties to reach agreement 3.2 3.4 1f. Maintaining appropriate 3.5 control over proceedings 3.5 3.3 1g. Promptly ruling on pre-trial 3.3 motions 3.3 3.3 1h. Promptly issuing a 3.4 decision on the case after trial 3.5 3.2 1i. Setting reasonable 3.3 schedules for cases 3.3 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Michael Andrew O'Hara, III District Judges All Trial Judges Judicial Performance Survey 2006 Page 2 ## Page 7 Michael Andrew O'Hara, III Attorney Survey Average Grades: Application and Knowledge of Law 3.2 Q2. Overall App & Knowldge of 3.4 Law 3.3 3.1 2a. Basing decisions on 3.3 evidence and arguments 3.3 3.4 2b. Giving reasons for rulings 3.4 3.4 3.1 2c. [Civil only] Issuing written 3.3 findings of fact and law 3.2 2.4 2d. Willing to reconsider error 3.0 in fact or law 3.0 3.2 2e. Having knowledge of 3.3 relevant substantive law 3.3 3.4 2f. Having knowledge of rules 3.5 of procedure and evidence 3.4 3.3 2g. Being able to identify and 3.4 analyze relevant facts 3.4 2h. [Criminal only] Issuing 3.0 consistent sentences when 3.3 the circumstances are similar 3.3 2i. Willing to make decision 3.1 without regard to possible 3.4 criticism 3.4 3.3 2j. Making decisions without 3.5 fear of being appealed 3.4 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Michael Andrew O'Hara, III Average Grade District Judges All Trial Judges Judicial Performance Survey 2006 Page 3 ## Page 8 Michael Andrew O'Hara, III Attorney Survey Average Grades: Communications 3.7 Q3. Overall Communications 3.6 3.6 3.7 3a. Speaking clearly 3.7 3.6 3.7 3b. Making sure all participants understand the 3.6 proceedings 3.6 3.7 3c. Using understandable 3.7 language 3.7 3.2 3d. Providing written communications that are 3.4 clear, thorough and well reasoned 3.4 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Michael Andrew O'Hara, III Average Grade District Judges All Trial Judges Judicial Performance Survey 2006 Page 4 ## Page 9 Michael Andrew O'Hara, III Attorney Survey Average Grades: Demeanor 3.5 Q4. Overall Demeanor 3.5 3.5 3.6 4a. Giving proceedings a 3.6 sense of dignity 3.6 3.5 4b. Treating everyone 3.5 involved politely 3.5 3.4 4c. Having empathy with the 3.3 parties involved 3.3 3.5 4d. Treating participants with 3.5 respect 3.5 3.4 4e. Presenting a neutral 3.4 presence on the bench 3.4 3.5 4f. Being consistent in 3.5 [his/her] behavior 3.5 4g. Conducting [his/her] 3.5 courtroom in a neutral 3.4 manner 3.4 3.7 4h. Giving all participants an 3.6 opportunity to be heard 3.5 3.3 4i. Consistently applying laws 3.4 and rules 3.4 3.7 4j. Not engaging in ex parte 3.7 communications 3.6 3.8 4k. Treating pro se parties 3.6 fairly 3.6 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Michael Andrew O'Hara, III District Judges Average Grade All Trial Judges Judicial Performance Survey 2006 Page 5 ## Page 10 Michael Andrew O'Hara, III Attorney Survey Average Grades: Diligence 3.3 Q5. Overall Diligence 3.4 3.4 3.3 5a. Making tough decisions 3.4 when necessary 3.4 3.0 5b. Using good judgment in application of relevant law and 3.3 rules 3.3 3.3 5c. Doing the necessary 'homework' and being 3.4 prepared for [his/her] cases 3.4 3.3 5d. Being willing to handle cases on the docket even 3.5 when they are complicated and time consuming 3.5 3.5 5e. Providing prompt access to the court in emergency 3.5 matters 3.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Michael Andrew O'Hara, III District Judges Average Grade All Trial Judges Judicial Performance Survey 2006 Page 6 ## Page 11 Michael Andrew O'Hara, III Attorney Survey Q6. Average: How biased do you think Judge O'Hara, III is toward the defense or prosecution? Michael Andrew 0.5 O'Hara, III District Judges 0.8 All Trial Judges 0.8 5 4 3 2 1 0 1 2 3 4 5 ç Defense Prosecution è Judicial Performance Survey 2006 Page 7 ## Page 12 Michael Andrew O'Hara, III Attorney Survey Q7. Average: How lenient or how harsh are Judge O'Hara, III's sentences? Michael Andrew -0.3 O'Hara, III District Judges 0.5 All Trial Judges 0.5 5 4 3 2 1 0 1 2 3 4 5 ç Lenient Harsh è Judicial Performance Survey 2006 Page 8 ## Page 13 Michael Andrew O'Hara, III Attorney Survey Retention Recommendation 90% 80% 78% 77% 75% 74% 73% 70% 70% 60% 50% 40% 30% 20% 14% 13%13% 13% 12% 11% 10% 8% 8% 7% 7% 5%5% 5%5% 4%4% 4%4%4% 4%4% 0% Str o n gl y n ot r et ai n m e w h at n ot r et ai n U n d e ci d e d S o m e w h at r et ai n Str o n gl y r et ai n Str o n gl y n ot r et ai n m e w h at n ot r et ai n S o m e w h at r et ai n Str o n gl y r et ai n o o S S Judge O'Hara, III Including Undecided D is t ri c t J u d g e s Excluding Undecided All Trial Judges Judicial Performance Survey 2006 Page 9 ## Page 14 Michael Andrew O'Hara, III Attorney Survey 1a. How would you grade Judge O'Hara, III on "Promptly making rulings during trial?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 56% 59% 56% B 26% 20% 21% C 7% 5% 5% D 1% 1% Fail 1% 1% No Grade 11% 14% 17% Average 3.5 3.6 3.6 Letter Grade B+ B+ B+ Judicial Performance Survey 2006 Page 1 ## Page 15 Michael Andrew O'Hara, III Attorney Survey 1b. How would you grade Judge O'Hara, III on "Beginning court on time?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 74% 61% 56% B 15% 26% 28% C 7% 7% 9% D 2% 3% Fail 1% 2% No Grade 4% 3% 2% Average 3.7 3.5 3.4 Letter Grade A- B+ B+ Judicial Performance Survey 2006 Page 2 ## Page 16 Michael Andrew O'Hara, III Attorney Survey 1c. How would you grade Judge O'Hara, III on "Allotting appropriate amount of time for cases?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 52% 51% 51% B 33% 28% 29% C 11% 12% 11% D 4% 4% 3% Fail 2% 2% No Grade 4% 4% Average 3.3 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2006 Page 3 ## Page 17 Michael Andrew O'Hara, III Attorney Survey 1d. How would you grade Judge O'Hara, III on "Keeping cases moving according to schedule?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 58% 51% 53% B 31% 30% 31% C 8% 9% 9% D 4% 3% 3% Fail 2% 2% No Grade 4% 3% Average 3.4 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2006 Page 4 ## Page 18 Michael Andrew O'Hara, III Attorney Survey 1e. How would you grade Judge O'Hara, III on "[Civil only] Assisting parties to reach agreement?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 32% 27% 27% B 24% 20% 18% C 4% 9% 7% D 4% 3% 2% Fail 4% 2% 1% No Grade 32% 40% 43% Average 3.1 3.1 3.2 Letter Grade B B B Judicial Performance Survey 2006 Page 5 ## Page 19 Michael Andrew O'Hara, III Attorney Survey 1f. How would you grade Judge O'Hara, III on "Maintaining appropriate control over proceedings?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 59% 65% 63% B 26% 23% 25% C 15% 7% 7% D 3% 2% Fail 1% 1% No Grade 2% 2% Average 3.4 3.5 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2006 Page 6 ## Page 20 Michael Andrew O'Hara, III Attorney Survey 1g. How would you grade Judge O'Hara, III on "Promptly ruling on pre-trial motions?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 41% 46% 44% B 44% 26% 25% C 4% 10% 8% D 3% 2% Fail 4% 2% 1% No Grade 7% 13% 19% Average 3.3 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2006 Page 7 ## Page 21 Michael Andrew O'Hara, III Attorney Survey 1h. How would you grade Judge O'Hara, III on "Promptly issuing a decision on the case after trial?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 44% 48% 48% B 33% 21% 21% C 7% 6% 5% D 2% 2% Fail 4% 1% 1% No Grade 11% 21% 24% Average 3.3 3.4 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 8 ## Page 22 Michael Andrew O'Hara, III Attorney Survey 1i. How would you grade Judge O'Hara, III on "Setting reasonable schedules for cases?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 41% 49% 50% B 44% 30% 30% C 11% 9% D 7% 4% 3% Fail 4% 2% 1% No Grade 4% 5% 6% Average 3.2 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2006 Page 9 ## Page 23 Michael Andrew O'Hara, III Attorney Survey 2a. How would you grade Judge O'Hara, III on "Basing decisions on evidence and arguments?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 43% 56% 53% B 32% 25% 27% C 4% 9% 9% D 11% 4% 4% Fail 4% 2% 3% No Grade 7% 3% 4% Average 3.1 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2006 Page 10 ## Page 24 Michael Andrew O'Hara, III Attorney Survey 2b. How would you grade Judge O'Hara, III on "Giving reasons for rulings?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 57% 60% 57% B 29% 24% 25% C 4% 8% 9% D 4% 3% 4% Fail 4% 1% 2% No Grade 4% 3% 4% Average 3.4 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2006 Page 11 ## Page 25 Michael Andrew O'Hara, III Attorney Survey 2c. How would you grade Judge O'Hara, III on "[Civil only] Issuing written findings of fact and law?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 33% 37% 28% B 30% 17% 15% C 15% 6% 6% D 3% 2% Fail 4% 1% 2% No Grade 19% 35% 48% Average 3.1 3.3 3.2 Letter Grade B B B Judicial Performance Survey 2006 Page 12 ## Page 26 Michael Andrew O'Hara, III Attorney Survey 2d. How would you grade Judge O'Hara, III on "Willing to reconsider error in fact or law?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 14% 28% 29% B 18% 21% 20% C 25% 10% 9% D 5% 4% Fail 11% 4% 4% No Grade 32% 33% 33% Average 2.4 3.0 3.0 Letter Grade C+ B B Judicial Performance Survey 2006 Page 13 ## Page 27 Michael Andrew O'Hara, III Attorney Survey 2e. How would you grade Judge O'Hara, III on "Having knowledge of relevant substantive law?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 46% 55% 52% B 36% 28% 30% C 14% 10% 9% D 4% 4% Fail 4% 2% 2% No Grade 2% 3% Average 3.2 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2006 Page 14 ## Page 28 Michael Andrew O'Hara, III Attorney Survey 2f. How would you grade Judge O'Hara, III on "Having knowledge of rules of procedure and evidence?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 54% 61% 58% B 36% 26% 27% C 7% 8% D 4% 2% 3% Fail 4% 1% 2% No Grade 4% 2% 3% Average 3.4 3.5 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2006 Page 15 ## Page 29 Michael Andrew O'Hara, III Attorney Survey 2g. How would you grade Judge O'Hara, III on "Being able to identify and analyze relevant facts?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 54% 61% 57% B 25% 23% 27% C 4% 8% 8% D 7% 4% 3% Fail 4% 2% 2% No Grade 7% 3% 3% Average 3.3 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 16 ## Page 30 Michael Andrew O'Hara, III Attorney Survey 2h. How would you grade Judge O'Hara, III on "[Criminal only] Issuing consistent sentences when the circumstances are similar?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 17% 26% 33% B 9% 16% 20% C 17% 6% 6% D 2% 2% Fail 1% 2% No Grade 57% 49% 37% Average 3.0 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2006 Page 17 ## Page 31 Michael Andrew O'Hara, III Attorney Survey 2i. How would you grade Judge O'Hara, III on "Willing to make decision without regard to possible criticism?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 46% 55% 53% B 21% 21% 22% C 11% 8% 8% D 4% 3% 3% Fail 7% 2% 2% No Grade 11% 12% 12% Average 3.1 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 18 ## Page 32 Michael Andrew O'Hara, III Attorney Survey 2j. How would you grade Judge O'Hara, III on "Making decisions without fear of being appealed?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 46% 57% 54% B 21% 20% 22% C 18% 6% 7% D 2% 2% Fail 1% 2% No Grade 14% 13% 14% Average 3.3 3.5 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 19 ## Page 33 Michael Andrew O'Hara, III Attorney Survey 3a. How would you grade Judge O'Hara, III on "Speaking clearly?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 75% 75% 73% B 18% 19% 20% C 4% 4% 4% D 1% 1% Fail 1% No Grade 4% 1% 1% Average 3.7 3.7 3.6 Letter Grade A- A- B+ Judicial Performance Survey 2006 Page 20 ## Page 34 Michael Andrew O'Hara, III Attorney Survey 3b. How would you grade Judge O'Hara, III on "Making sure all participants understand the proceedings?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 75% 72% 71% B 18% 20% 20% C 4% 5% 5% D 2% 2% Fail 1% 1% No Grade 4% 2% 1% Average 3.7 3.6 3.6 Letter Grade A- B+ B+ Judicial Performance Survey 2006 Page 21 ## Page 35 Michael Andrew O'Hara, III Attorney Survey 3c. How would you grade Judge O'Hara, III on "Using understandable language?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 75% 75% 74% B 18% 20% 20% C 4% 3% 4% D 1% 1% Fail No Grade 4% 1% 1% Average 3.7 3.7 3.7 Letter Grade A- A- A- Judicial Performance Survey 2006 Page 22 ## Page 36 Michael Andrew O'Hara, III Attorney Survey 3d. How would you grade Judge O'Hara, III on "Providing written communications that are clear, thorough and well reasoned?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 50% 55% 55% B 33% 23% 23% C 8% 6% 6% D 3% 3% Fail 8% 1% 1% No Grade 12% 12% Average 3.2 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 23 ## Page 37 Michael Andrew O'Hara, III Attorney Survey 4a. How would you grade Judge O'Hara, III on "Giving proceedings a sense of dignity?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 71% 73% 69% B 14% 18% 20% C 7% 5% 6% D 4% 2% 2% Fail 1% 2% No Grade 4% 1% 1% Average 3.6 3.6 3.6 Letter Grade B+ B+ B+ Judicial Performance Survey 2006 Page 24 ## Page 38 Michael Andrew O'Hara, III Attorney Survey 4b. How would you grade Judge O'Hara, III on "Treating everyone involved politely?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 75% 72% 70% B 7% 16% 17% C 4% 5% 6% D 7% 3% 3% Fail 4% 2% 3% No Grade 4% 1% 1% Average 3.5 3.5 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2006 Page 25 ## Page 39 Michael Andrew O'Hara, III Attorney Survey 4c. How would you grade Judge O'Hara, III on "Having empathy with the parties involved?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 64% 59% 59% B 18% 20% 22% C 4% 10% 9% D 7% 5% 5% Fail 4% 2% 3% No Grade 4% 4% 3% Average 3.4 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2006 Page 26 ## Page 40 Michael Andrew O'Hara, III Attorney Survey 4d. How would you grade Judge O'Hara, III on "Treating participants with respect?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 75% 71% 69% B 7% 16% 18% C 4% 6% 6% D 7% 3% 3% Fail 4% 2% 3% No Grade 4% 1% 1% Average 3.5 3.5 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2006 Page 27 ## Page 41 Michael Andrew O'Hara, III Attorney Survey 4e. How would you grade Judge O'Hara, III on "Presenting a neutral presence on the bench?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 68% 66% 63% B 14% 18% 19% C 4% 7% 8% D 7% 5% 5% Fail 4% 3% 4% No Grade 4% 1% 1% Average 3.4 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2006 Page 28 ## Page 42 Michael Andrew O'Hara, III Attorney Survey 4f. How would you grade Judge O'Hara, III on "Being consistent in [his/her] behavior?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 64% 67% 64% B 21% 20% 21% C 7% 6% 7% D 3% 3% Fail 4% 2% 2% No Grade 4% 3% 2% Average 3.5 3.5 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2006 Page 29 ## Page 43 Michael Andrew O'Hara, III Attorney Survey 4g. How would you grade Judge O'Hara, III on "Conducting [his/her] courtroom in a neutral manner?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 64% 65% 63% B 18% 18% 19% C 7% 8% 8% D 4% 4% 4% Fail 3% 3% No Grade 7% 2% 1% Average 3.5 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2006 Page 30 ## Page 44 Michael Andrew O'Hara, III Attorney Survey 4h. How would you grade Judge O'Hara, III on "Giving all participants an opportunity to be heard?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 79% 71% 69% B 11% 18% 19% C 4% 6% 6% D 3% 2% Fail 4% 1% 2% No Grade 4% 1% 1% Average 3.7 3.6 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2006 Page 31 ## Page 45 Michael Andrew O'Hara, III Attorney Survey 4i. How would you grade Judge O'Hara, III on "Consistently applying laws and rules?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 54% 61% 59% B 21% 21% 23% C 11% 8% 8% D 4% 4% 4% Fail 4% 2% 2% No Grade 7% 5% 4% Average 3.3 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 32 ## Page 46 Michael Andrew O'Hara, III Attorney Survey 4j. How would you grade Judge O'Hara, III on "Not engaging in ex parte communications?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 64% 66% 63% B 14% 13% 15% C 4% 3% 3% D 1% 1% Fail 1% 1% No Grade 18% 16% 16% Average 3.7 3.7 3.6 Letter Grade A- A- B+ Judicial Performance Survey 2006 Page 33 ## Page 47 Michael Andrew O'Hara, III Attorney Survey 4k. How would you grade Judge O'Hara, III on "Treating pro se parties fairly?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 41% 48% 52% B 11% 11% 13% C 3% 4% D 1% 2% Fail 1% 1% No Grade 48% 36% 28% Average 3.8 3.6 3.6 Letter Grade A- B+ B+ Judicial Performance Survey 2006 Page 34 ## Page 48 Michael Andrew O'Hara, III Attorney Survey 5a. How would you grade Judge O'Hara, III on "Making tough decisions when necessary?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 50% 57% 52% B 29% 21% 23% C 7% 8% 8% D 4% 3% 3% Fail 4% 2% 2% No Grade 7% 10% 12% Average 3.3 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 35 ## Page 49 Michael Andrew O'Hara, III Attorney Survey 5b. How would you grade Judge O'Hara, III on "Using good judgment in application of relevant law and rules?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 39% 55% 53% B 36% 26% 27% C 9% 9% D 14% 4% 4% Fail 4% 3% 3% No Grade 7% 3% 4% Average 3.0 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2006 Page 36 ## Page 50 Michael Andrew O'Hara, III Attorney Survey 5c. How would you grade Judge O'Hara, III on "Doing the necessary 'homework' and being prepared for [his/her] cases?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 50% 59% 53% B 32% 23% 26% C 11% 8% 9% D 3% 3% Fail 4% 1% 2% No Grade 4% 5% 7% Average 3.3 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 37 ## Page 51 Michael Andrew O'Hara, III Attorney Survey 5d. How would you grade Judge O'Hara, III on "Being willing to handle cases on the docket even when they are complicated and time consuming?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 61% 58% 53% B 18% 19% 21% C 4% 7% 7% D 4% 2% 2% Fail 7% 1% 1% No Grade 7% 13% 15% Average 3.3 3.5 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 38 ## Page 52 Michael Andrew O'Hara, III Attorney Survey 5e. How would you grade Judge O'Hara, III on "Providing prompt access to the court in emergency matters?" Judge District All Trial O'Hara, III Judges 2006 Judges 2006 A 50% 43% 41% B 18% 16% 16% C 4% 5% 5% D 4% 2% 1% Fail 1% 1% No Grade 25% 33% 36% Average 3.5 3.5 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2006 Page 39 ## Page 53 Michael Andrew O'Hara, III Attorney Survey 6. How biased do you think Judge O'Hara, III is towards the defense or the prosecution? Judge District All Trial O'Hara, III Judges 2006 Judges 2006 5 3% 3% 4 5% 5% 3 17% 8% 7% 2 17% 11% 11% 1 17% 17% 18% 33% 46% 47% -1 5% 4% -2 3% 2% -3 17% 2% 2% -4 1% 1% -5 Average 0.5 0.8 0.8 noitucesorP drawoT esnefeD drawoT Ý 0 Neutral ß Judicial Performance Survey 2006 Page 40 ## Page 54 Michael Andrew O'Hara, III Attorney Survey 7. How lenient or harsh do you think the sentences handed down by Judge O'Hara, III are? Judge District All Trial O'Hara, III Judges 2006 Judges 2006 5 2% 2% 4 14% 4% 4% 3 6% 5% 2 9% 9% 1 14% 16% 15% 43% 48% 55% -1 6% 3% -2 4% 3% -3 14% 3% 2% -4 14% 1% 1% -5 1% 1% Average -0.3 0.5 0.5 hsraH thgiL Ý 0 Appropriate ß Judicial Performance Survey 2006 Page 41 ## Page 55 Michael Andrew O'Hara, III Attorney Survey 12. Do you recommend that Judge O'Hara, III be retained in office or not be retained in office? Judge District All Trial O'Hara, III Judges 2006 Judges 2006 Strongly Recommend 73% 78% 77% Retain in office Somewhat Recommend 12% 13% 14% Retain in office Somewhat Recommend Not 8% 4% 4% Retain in office Strongly Recommend Not Retain in office 8% 5% 5% Judicial Performance Survey 2006 Page 42 ## Page 56 NNoonn AAttttoorrnneeyy SSuurrvveeyy ## Page 57 Michael Andrew O'Hara, III Non Attorney Survey Average Grades: Overall and by Section 3.4 Overall Average 3.6 3.5 3.4 Q1. Overall Demeanor 3.6 3.5 3.4 Q2. Overall Fairness 3.6 3.5 3.5 Q3. Overall 3.7 Communications 3.6 3.4 Q4. Overall Diligence 3.5 3.5 3.3 Q5. Overall Application 3.5 of Law 3.4 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Michael Andrew O'Hara, III District Judges All Trial Judges Judicial Performance Survey 2006 Page 1 ## Page 58 Michael Andrew O'Hara, III Non Attorney Survey Average Grades: Demeanor 3.4 Q1. Overall Demeanor 3.6 3.5 3.5 1a. Giving court proceedings a 3.6 sense of dignity 3.5 3.5 1b. Treating participants 3.6 politely and with respect 3.5 3.4 1c. Conducting [his/her] courtroom in a neutral 3.6 manner 3.5 3.2 1d. Having a sense of compassion and human 3.5 understanding for those who appear before the judge 3.4 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Michael Andrew O'Hara, III Average Grade District Judges All Trial Judges Judicial Performance Survey 2006 Page 2 ## Page 59 Michael Andrew O'Hara, III Non Attorney Survey Average Grades: Fairness 3.4 Q2. Overall Fairness 3.6 3.5 3.4 2a. Giving participants an 3.6 opportunity to be heard 3.5 3.4 2b. Treating those involved 3.6 with the case without bias 3.5 3.2 2c. Treating fairly people who 3.6 represent themselves 3.4 3.4 2d. Giving each side enough time to present his or her 3.6 case 3.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Michael Andrew O'Hara, III Average Grade District Judges All Trial Judges Judicial Performance Survey 2006 Page 3 ## Page 60 Michael Andrew O'Hara, III Non Attorney Survey Average Grades: Communications 3.5 Q3. Overall Communications 3.7 3.6 3.4 3a. Making sure all participants understand the 3.7 proceedings, and what's going on in the courtroom 3.6 3.6 3b. Using language that 3.7 everyone can understand 3.6 3.6 3c. Speaking clearly so everyone in the courtroom 3.7 can hear what's being said 3.6 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Michael Andrew O'Hara, III Average Grade District Judges All Trial Judges Judicial Performance Survey 2006 Page 4 ## Page 61 Michael Andrew O'Hara, III Non Attorney Survey Average Grades: Diligence 3.4 Q4. Overall Diligence 3.5 3.5 3.3 4a. Beginning court on time 3.4 3.3 3.5 4b. Maintaining appropriate 3.7 control over proceedings 3.6 3.4 4c. Setting reasonable 3.5 schedules for cases 3.5 3.3 4d. Being prepared for 3.6 [his/her] cases 3.6 3.3 4e. Managing court proceedings so that there is 3.5 little wasted time 3.4 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Michael Andrew O'Hara, III District Judges Average Grade All Trial Judges Judicial Performance Survey 2006 Page 5 ## Page 62 Michael Andrew O'Hara, III Non Attorney Survey Average Grades: Application and Knowledge of Law 3.3 Q5. Overall App of Law 3.5 3.4 3.3 5a. Giving reasons for rulings 3.5 3.4 3.3 5b. Willing to make decision without regard to possible 3.6 outside pressure 3.5 3.3 5c. Being able to identify and 3.6 analyze relevant facts 3.4 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Michael Andrew O'Hara, III District Judges Average Grade All Trial Judges Judicial Performance Survey 2006 Page 6 ## Page 63 Michael Andrew O'Hara, III Non Attorney Survey Average: How biased do you think Judge O'Hara, III is toward the defense or prosecution? Michael Andrew 0.5 O'Hara, III District Judges 0.1 All Trial Judges 0.1 5 4 3 2 1 0 1 2 3 4 5 ç Defense Prosecution è Judicial Performance Survey 2006 Page 7 ## Page 64 Michael Andrew O'Hara, III Non Attorney Survey Average: How lenient or how harsh are Judge O'Hara, III's sentences? Michael Andrew 0.2 O'Hara, III District Judges 0.1 All Trial Judges 0.1 5 4 3 2 1 0 1 2 3 4 5 ç Lenient Harsh è Judicial Performance Survey 2006 Page 8 ## Page 65 Michael Andrew O'Hara, III Non Attorney Survey Retention Recommendation 100% 90% 86% 82% 81% 80% 80% 75% 71% 70% 60% 50% 40% 30% 20% 11% 9% 9% 10% 8% 8% 8% 7% 6% 6% 6% 6% 6% 5%5% 5% 5% 4% 3% 3% 2% 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 Judge O'Hara, III S District Judges Including Undecided Excluding Undecided All Trial Judges Judicial Performance Survey 2006 Page 9 ## Page 66 Michael Andrew O'Hara, III Non Attorney Survey 1a. How would you grade Judge O'Hara, III on "Giving proceedings a sense of dignity?" Judge All District All Trial O'Hara, III Judges 2006 Judges 2006 A 76% 76% 69% B 9% 16% 20% C 5% 4% 6% D 4% 1% 2% Fail 4% 2% 2% No Grade 1% 1% 1% Average 3.5 3.6 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2006 Page 1 ## Page 67 Michael Andrew O'Hara, III Non Attorney Survey 1b. How would you grade Judge O'Hara, III on "Treating participants politely and with respect?" Judge All District All Trial O'Hara, III Judges 2006 Judges 2006 A 77% 78% 72% B 7% 14% 17% C 4% 4% 5% D 5% 2% 2% Fail 5% 2% 3% No Grade 1% 1% 1% Average 3.5 3.6 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2006 Page 2 ## Page 68 Michael Andrew O'Hara, III Non Attorney Survey 1c. How would you grade Judge O'Hara, III on "Conducting [his/her] courtroom in a neutral manner?" Judge All District All Trial O'Hara, III Judges 2006 Judges 2006 A 69% 76% 70% B 11% 14% 17% C 8% 4% 5% D 5% 2% 3% Fail 5% 3% 3% No Grade 1% 1% 1% Average 3.4 3.6 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2006 Page 3 ## Page 69 Michael Andrew O'Hara, III Non Attorney Survey 1d. How would you grade Judge O'Hara, III on "Having a sense of compassion and human understanding for those who appear before the judge?" Judge All District All Trial O'Hara, III Judges 2006 Judges 2006 A 65% 71% 66% B 12% 16% 18% C 4% 4% 6% D 5% 2% 3% Fail 9% 4% 5% No Grade 4% 2% 2% Average 3.2 3.5 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 4 ## Page 70 Michael Andrew O'Hara, III Non Attorney Survey 2a. How would you grade Judge O'Hara, III on "Giving participants an opportunity to be heard?" Judge All District All Trial O'Hara, III Judges 2006 Judges 2006 A 68% 77% 71% B 15% 13% 16% C 5% 4% 5% D 7% 2% 3% Fail 4% 3% 3% No Grade 1% 2% 2% Average 3.4 3.6 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2006 Page 5 ## Page 71 Michael Andrew O'Hara, III Non Attorney Survey 2b. How would you grade Judge O'Hara, III on "Treating those involved in the case without bias?" Judge All District All Trial O'Hara, III Judges 2006 Judges 2006 A 67% 75% 69% B 16% 13% 16% C 8% 3% 5% D 1% 2% 3% Fail 7% 4% 4% No Grade 1% 2% 3% Average 3.4 3.6 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2006 Page 6 ## Page 72 Michael Andrew O'Hara, III Non Attorney Survey 2c. How would you grade Judge O'Hara, III on "Treating fairly people who represent themselves?" Judge All District All Trial O'Hara, III Judges 2006 Judges 2006 A 32% 47% 49% B 10% 8% 11% C 3% 2% 4% D 4% 1% 2% Fail 4% 3% 4% No Grade 47% 38% 30% Average 3.2 3.6 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 7 ## Page 73 Michael Andrew O'Hara, III Non Attorney Survey 2d. How would you grade Judge O'Hara, III on "Giving each side enough time to present his or her case?" Judge All District All Trial O'Hara, III Judges 2006 Judges 2006 A 69% 75% 68% B 11% 13% 16% C 3% 4% 5% D 8% 2% 2% Fail 4% 3% 3% No Grade 5% 4% 5% Average 3.4 3.6 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2006 Page 8 ## Page 74 Michael Andrew O'Hara, III Non Attorney Survey 3a. How would you grade Judge O'Hara, III on "Making sure participants understand the proceedings, and what's going on in the Judge All District All Trial O'Hara, III Judges 2006 Judges 2006 A 74% 77% 73% B 11% 14% 16% C 4% 4% 5% D 9% 2% 2% Fail 3% 1% 2% No Grade 1% 1% Average 3.4 3.7 3.6 Letter Grade B+ A- B+ Judicial Performance Survey 2006 Page 9 ## Page 75 Michael Andrew O'Hara, III Non Attorney Survey 3b. How would you grade Judge O'Hara, III on "Using language that everyone can understand?" Judge All District All Trial O'Hara, III Judges 2006 Judges 2006 A 76% 78% 74% B 13% 14% 18% C 4% 4% 5% D 5% 1% 2% Fail 1% 1% 1% No Grade 1% 1% Average 3.6 3.7 3.6 Letter Grade B+ A- B+ Judicial Performance Survey 2006 Page 10 ## Page 76 Michael Andrew O'Hara, III Non Attorney Survey 3c. How would you grade Judge O'Hara, III on "Speaking clearly so everyone in the courtroom can hear what's being said?" Judge All District All Trial O'Hara, III Judges 2006 Judges 2006 A 75% 79% 75% B 17% 14% 16% C 3% 4% 5% D 4% 1% 1% Fail 1% 1% 1% No Grade 1% 1% Average 3.6 3.7 3.6 Letter Grade B+ A- B+ Judicial Performance Survey 2006 Page 11 ## Page 77 Michael Andrew O'Hara, III Non Attorney Survey 4a. How would you grade Judge O'Hara, III on "Beginning court on time?" Judge All District All Trial O'Hara, III Judges 2006 Judges 2006 A 60% 59% 55% B 23% 26% 26% C 8% 9% 10% D 7% 3% 3% Fail 1% 2% 3% No Grade 2% 3% Average 3.3 3.4 3.3 Letter Grade B B+ B Judicial Performance Survey 2006 Page 12 ## Page 78 Michael Andrew O'Hara, III Non Attorney Survey 4b. How would you grade Judge O'Hara, III on "Maintaining appropriate control over proceedings?" Judge All District All Trial O'Hara, III Judges 2006 Judges 2006 A 72% 78% 72% B 16% 16% 18% C 7% 4% 5% D 1% 1% 2% Fail 3% 1% 1% No Grade 1% 1% 2% Average 3.5 3.7 3.6 Letter Grade B+ A- B+ Judicial Performance Survey 2006 Page 13 ## Page 79 Michael Andrew O'Hara, III Non Attorney Survey 4c. How would you grade Judge O'Hara, III on "Setting reasonable schedules for cases?" Judge All District All Trial O'Hara, III Judges 2006 Judges 2006 A 57% 62% 58% B 15% 18% 19% C 10% 6% 6% D 1% 2% 2% Fail 4% 2% 2% No Grade 13% 11% 12% Average 3.4 3.5 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2006 Page 14 ## Page 80 Michael Andrew O'Hara, III Non Attorney Survey 4d. How would you grade Judge O'Hara, III on "Being prepared for [his/her] cases?" Judge All District All Trial O'Hara, III Judges 2006 Judges 2006 A 68% 73% 67% B 12% 14% 17% C 4% 4% 5% D 3% 1% 2% Fail 9% 2% 2% No Grade 4% 6% 7% Average 3.3 3.6 3.6 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 15 ## Page 81 Michael Andrew O'Hara, III Non Attorney Survey 4e. How would you grade Judge O'Hara, III on "Managing court proceedings so that there is little wasted time?" Judge All District All Trial O'Hara, III Judges 2006 Judges 2006 A 58% 63% 61% B 21% 23% 23% C 12% 7% 8% D 3% 2% 3% Fail 4% 2% 3% No Grade 3% 3% 3% Average 3.3 3.5 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 16 ## Page 82 Michael Andrew O'Hara, III Non Attorney Survey 5a. How would you grade Judge O'Hara, III on "Giving reasons for rulings?" Judge All District All Trial O'Hara, III Judges 2006 Judges 2006 A 64% 67% 62% B 12% 16% 18% C 8% 5% 6% D 5% 2% 3% Fail 4% 3% 4% No Grade 7% 7% 7% Average 3.3 3.5 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 17 ## Page 83 Michael Andrew O'Hara, III Non Attorney Survey 5b. How would you grade Judge O'Hara, III on "Willing to make decision without regard to possible outside pressure?" Judge All District All Trial O'Hara, III Judges 2006 Judges 2006 A 61% 63% 58% B 11% 12% 14% C 7% 4% 5% D 5% 2% 2% Fail 7% 3% 3% No Grade 9% 17% 17% Average 3.3 3.6 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 18 ## Page 84 Michael Andrew O'Hara, III Non Attorney Survey 5c. How would you grade Judge O'Hara, III on "Being able to identify and analyze relevant facts?" Judge All District All Trial O'Hara, III Judges 2006 Judges 2006 A 62% 69% 64% B 9% 14% 16% C 8% 4% 5% D 4% 2% 3% Fail 7% 3% 4% No Grade 9% 8% 8% Average 3.3 3.6 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2006 Page 19 ## Page 85 Michael Andrew O'Hara, III Non Attorney Survey 6. How biased do you think Judge O'Hara, III is towards the defense or the prosecution? Judge All District All Trial O'Hara, III Judges 2006 Judges 2006 5 6% 2% 2% 4 4% 1% 1% 3 4% 1% 2% 2 2% 3% 1 2% 4% 5% 83% 83% 78% -1 3% 3% -2 1% 2% -3 1% 1% -4 2% 1% 1% -5 1% 2% Average 0.5 0.1 0.1 noitucesorP drawoT esnefeD drawoT Ý 0 Neutral ß Judicial Performance Survey 2006 Page 20 ## Page 86 Michael Andrew O'Hara, III Non Attorney Survey 7. How lenient or harsh do you think the sentences handed down by Judge O'Hara, III are? Judge All District All Trial O'Hara, III Judges 2006 Judges 2006 5 3% 3% 4 7% 2% 2% 3 2% 2% 2% 2 2% 2% 3% 1 2% 3% 4% 75% 75% 71% -1 9% 5% 5% -2 4% 4% -3 2% 2% -4 2% 1% 1% -5 1% 2% Average 0.2 0.1 0.1 hsraH thgiL Ý 0 Appropriate ß Judicial Performance Survey 2006 Page 21 ## Page 87 Michael Andrew O'Hara, III Non Attorney Survey 12. Do you recommend that Judge O'Hara, III be retained in office or not be retained in office? Judge All District All Trial O'Hara, III Judges 2006 Judges 2006 Strongly Recommend 80% 86% 82% Retain in office Somewhat Recommend 9% 7% 9% Retain in office Somewhat Recommend Not 5% 2% 3% Retain in office Strongly Recommend Not Retain in office 6% 5% 6% Judicial Performance Survey 2006 Page 22 ## Page 88 MMeetthhooddoollooggyy ## Page 89 MMeetthhooddoollooggyy Sample: The Colorado Judicial Department provided Talmey-Drake Research & Strategy, Inc. with all the names and addresses of people from its ICON data base who in the previous 12 months had likely been in each judge’s courtroom who was up for retention in November 2006. These names and addresses where then supplemented from the Colorado District Attorney’s database (Blackstone system) and the databases of jurors, court employees and sheriff’s security. The data was then combined and cleaned. Where there were more than 400 potential respondents, a random sample was drawn. Included in the data cleaning was the identification of potential respondents in the sample who had appeared in more than two judges’ courtrooms. Due to concerns about respondent fatigue, no more than two questionnaires were intended to be sent to any one respondent—though there were a few instances where one respondent did receive more than two questionnaires. Where a person had been in more than two judges’ courtrooms, the selection criteria for which judges he or she would be sent questionnaires was generally: first, for the judge in whose courtroom the potential respondent had been in most often, and two, the judge with the smallest sample of the judges in whose courtroom the potential respondent had been in. Survey: Starting in October 2005, each person in the sample database was mailed an initial questionnaire and an introductory letter with a postage-paid return envelope. Those who did not respond to the first questionnaire were then sent a sent a second questionnaire and letter, and in some cases reminder postcards. During this process, the sample was augmented for judges with a particularly low number of completed questionnaires. Questionnaire: The questionnaire used in the 2006 Judicial Performance Survey asked respondents to use a grade of A, B, C, D, or F (Fail) to assess the judge’s performance in five different areas. For attorney these areas were Case Management, Application and Knowledge of Law, Communications, Demeanor and Diligence, and for non-attorney respondents the five were Demeanor, Fairness, Communications, Diligence and Application of Law. These scores were then converted to a numerical value where A = 4, B = 3, C = 2, D = 1 and Fail = 0. Copies of the questionnaires are included at the end of this report. Response: The response rate is calculated as the number of completed questionnaires divided by the number of eligible respondents who actually received a questionnaire. The following table shows the total number of questionnaires mailed, completed, non-responses & refusals, undeliverables and other responses. The table presents the overall response rate as well as the response rate by the different types of respondents. 1 ## Page 90 Refused/ Nonre- Unde- Response Attorney Respondents Total Sent Completed sponse livered Other Rate District Attorney 684 402 223 56 3 64.3% Attorney For Defendant 5,159 2,760 1895 490 14 59.3% Attorney for Plaintiff 1,925 1,023 689 206 7 59.8% Unknown Attorney Type 963 436 418 107 2 51.1% Attorney Total 8,731 4,621 3225 859 26 58.7% Refused/ Nonre- Unde- Response Non-Attny Respondents Total Sent Completed sponse livered Other Rate Law Enforcement 5,659 1,161 3,276 1,195 27 26.2% Employee 1,307 600 489 205 13 55.1% Defendant 31,391 3,658 17,494 10,124 115 17.3% Plaintiff 7,688 1,449 4,699 1,506 34 23.6% Juror 16,267 9,482 5,961 795 29 61.4% Other 4,061 401 2,342 1,281 37 14.6% Parole Officers 599 323 136 125 15 70.4% Non-attorney Total 66,972 17,074 34,397 15,231 270 33.0% Total 75,703 21,695 37,622 16,090 296 36.4% A similar table showing the response count and cooperation rate for your survey is provided at the end of this methodology section. Results: The results of the Survey are in two main sections: Attorney Respondents and Non-attorney Respondents. Within each main section are three subsections: graphs displaying average grades for each section and question, the percentage distribution of grades, and respondent comments. Graphs: The graphs visually display the overall average numerical grades received for all grade questions, each section and each question compared to averages for all district or county judges, and all trial judges for which 2006 surveys were conducted. Questions relating to bias toward the defense or prosecution, sentencing and retention recommendation are also graphed. 2 ## Page 91 Percentage Distribution of Grades: This section shows the percentage of each grade received on each question plus the bias, sentencing and retention questions. An average grade point for each graded question is computed and shown in the results section. A letter grade is also assigned to each grade point according to the following scale. A = 4.00 B = 3.00 to 3.33 C = 2.00 to 2.33 D = 1.00 to 1.33 A— = 3.68 to 3.99 B— = 2.67 to 2.99 C— = 1.67 to 1.99 D— = 0.67 to 0.99 B+ = 3.34 to 3.66 C+ = 2.34 to 2.66 D+ = 1.34 to 1.66 Fail = 0.00 to 0.67 This section also includes two comparative columns of results: one comparative column shows the results for that question for all county or district judges (as appropriate) surveyed in 2006, along with a second comparative column showing the results for all trial judges in the 2006 survey. Comments: Each respondent was encouraged to comment on the judge’s performance. This section contains those comments. Sampling All sample surveys are subject to what is known as sampling error—the Error: extent to which the results of the sample survey may differ from what would be obtained if the entire population being surveyed had been interviewed. The size of the sampling error is almost entirely due to the number of people interviewed for the survey and the variance of responses. The table below shows the extent of sampling error (95%-confidence interval) for various sizes of random samples and sample percentage results. Sample Size 25 50 100 150 200 300 Percentages near 10% or 90% ± 11.8% ± 8.3% ± 5.9% ± 4.8% ± 4.2% ± 3.4% Percentages near 20% or 80% ± 15.7% ± 11.1% ± 7.8% ± 6.4% ± 5.5% ± 4.5% Percentages near 30% or 70% ± 18.0% ± 12.7% ± 9.0% ± 7.3% ± 6.4% ± 5.2% Percentages near 40% or 60% ± 19.2% ± 13.6% ± 9.6% ± 7.8% ± 6.8% ± 5.5% Percentages near 50% ± 19.6% ± 13.9% ± 9.8% ± 8.0% ± 6.9% ± 5.7% For example, suppose a reported percentage is 80% in a sample size of 150, then one could expect that 95% of the time that a random sample of the same size and collected the same way would include the true population percentage within the range of 80% plus or minus 6.4%. Averages such as grade points also have a 95% confidence interval, however it is not so easily displayed in a table as confidence intervals about a percentage. Suffice it to say that the confidence interval about a score generally increases with smaller sample size. 3 ## Page 92 Michael Andrew O'Hara, III Responses by Type Total Other Non- Coop Role Type Sent Completes Refusals Undeliverable Responses Rate District Attorney 3 0 2 1 0 0.0% Attorney For Defendant 16 10 4 2 0 71.4% Attorney for Plaintiff 12 11 1 0 0 91.7% Unknown/Other Attorney Type 16 7 8 1 0 46.7% Sub Total: 47 28 15 4 0 65.1% Defendant 101 15 61 25 0 19.7% Plaintiff 37 11 25 1 0 30.6% Law Enforcement 1 1 0 0 0 100.0% Employee 2 1 1 0 0 50.0% Juror 68 45 22 1 0 67.2% Other 38 3 27 6 2 10.0% Parole Officers 1 0 0 0 1 #Error Sub Total: 248 76 136 33 3 35.3% Grand Total: 295 104 151 37 3 40.3% Judicial Performance Survey 2006 Page 1 ## Page 93 Commission on Judicial Performance 11. Is there anything else that you would like to say about Judge [Name]? Attorney Questionnaire _ _ Evaluation of _ [Name of Judge] _ _ Using a grade scale, where an “A” is excellent along with B, C, D or F for fail, please grade the judge on the following. (If you feel that you don not have 12. Keeping in mind your responses to each of the previous questions, how experience with the judge in a specific area, or just don’t know, please circle the strongly do you recommend that Judge [Name] be retained in office, or not number corresponding to “Don’t Know/Not Applicable”—DK/NS). retained in office? DK Strongly recommend he be retained in office. 5 1. Case Management: A B C D F N/A Somewhat recommend he be retained in office. 4 a. Promptly making rulings during trial. 4 3 2 1 0 9 Undecided or don’t know enough to make recommendation. 3 Somewhat recommend he not be retained in office. 2 b. Beginning court on time. 4 3 2 1 0 9 Strongly recommend he not be retained in office. 1 c. Allotting appropriate amount of time for cases. 4 3 2 1 0 9 d. Keeping cases moving according to schedule. 4 3 2 1 0 9 And why do you think that way about retaining or not retaining Judge e. [Civil only]1 Assisting parties to reach agreement. 4 3 2 1 0 9 [Name]? f. Maintaining appropriate control over proceedings. 4 3 2 1 0 9 _ _ g. Promptly ruling on pre-trial motions. 4 3 2 1 0 9 _ h. Promptly issuing a decision on the case after trial. 4 3 2 1 0 9 _ i. Setting reasonable schedules for cases. 4 3 2 1 0 9 _ _ DK 2. Application and Knowledge of Law: A B C D F N/A a. Basing decisions on evidence and arguments. 4 3 2 1 0 9 b. Giving reasons for rulings. 4 3 2 1 0 9 Thank you for your time in completing this questionnaire. c. [Civil only]1 Issuing written findings of fact and law. 4 3 2 1 0 9 Please place it in the self-addressed, postage paid enveloped d. Willing to reconsider error in fact or law. 4 3 2 1 0 9 provided, and place it in the mail. Your participation in this e. Having knowledge of relevant substantive law. 4 3 2 1 0 9 survey is very much appreciated. f. Having knowledge of rules of procedure and evidence. 4 3 2 1 0 9 g. Being able to identify and analyze relevant facts. 4 3 2 1 0 9 h. [Criminal only]2 Issuing consistent sentences when the circumstances are similar. 4 3 2 1 0 9 i. Willing to make decisions without regard to possible criticism. 4 3 2 1 0 9 j. Making decisions without fear of being appealed . 4 3 2 1 0 9 1 Please answer questions 1e & 2c only if you have observed the judge in a civil case. 2 Please answer question 2h only if you have observed the judge in a criminal case. ## Page 94 DK 6. [Criminal cases only] 1 On the scale below, please indicate by circling the 3. Communications: A B C D F N/A appropriate number how biased you think Judge [Name] is toward the a. Speaking clearly. 4 3 2 1 0 9 defense or the prosecution. If you feel Judge [Name] is completely b. Makings sure all participants understand unbiased, circle “0.” the proceedings. 4 3 2 1 0 9 Bias toward Completely Bias toward c. Using understandable language. 4 3 2 1 0 9 Defense Neutral Prosecution d. Providing written communications that are 5 4 3 2 1 0 1 2 3 4 5 clear, thorough and well reasoned. 4 3 2 1 0 9 7. [Criminal cases only]1 On the scale below, please indicate by circling the DK appropriate number how lenient or how harsh you think the sentences 4. Demeanor: A B C D F N/A generally handed down by Judge [Name] are. If you feel Judge [Name] a. Giving proceedings a sense of dignity. 4 3 2 1 0 9 generally hands down appropriate sentences, circle “0.” b. Treating everyone involved politely. 4 3 2 1 0 9 Sentences Appropriate Sentences c. Having empathy with the parties involved. 4 3 2 1 0 9 Too Light Sentences Too Harsh d. Treating participants with respect. 4 3 2 1 0 9 e. Presenting a neutral presence on the bench. 4 3 2 1 0 9 5 4 3 2 1 0 1 2 3 4 5 f. Being consistent in [his/her] behavior 4 3 2 1 0 9 8. If an associate were assigned to Judge [Name] in a case and asked you for g. Conducting [his/her ]courtroom in a neutral advice, what would you say? manner. 4 3 2 1 0 9 ________________________________________________________ h. Giving all participants an opportunity to be heard. 4 3 2 1 0 9 ________________________________________________________ i. Consistently applying laws and rules. 4 3 2 1 0 9 ________________________________________________________ j. Not engaging in ex parte communications 4 3 2 1 0 9 ________________________________________________________ k. Treating pro se parties fairly. 4 3 2 1 0 9 ________________________________________________________ 9. What would you say are Judge [Name]’s strengths? DK 5. Diligence: A B C D F N/A ___________________________________________________________ a. Making tough decisions when necessary. 4 3 2 1 0 9 ___________________________________________________________ ___________________________________________________________ b. Using good judgment in application of relevant ___________________________________________________________ law and rules. 4 3 2 1 0 9 ___________________________________________________________ c. Doing the necessary “homework” and being prepared for [his/her] cases. 4 3 2 1 0 9 10. And what would you say are Judge [Name]’s weaknesses? d. Being willing to handle cases on the docket even ___________________________________________________________ when they are complicated and time consuming. 4 3 2 1 0 9 ___________________________________________________________ e. Providing prompt access to the court ___________________________________________________________ in emergency matters. 4 3 2 1 0 9 ___________________________________________________________ ___________________________________________________________ [Continued on Back Page] 1 Please answer questions 6 & 7 only if you have observed the judge in a criminal case. ## Page 95 12. Keeping in mind your responses to each of the previous questions, how Commission on Judicial Performance strongly do you recommend that Judge [Name] be retained in office, or not retained in office? Strongly recommend [he/she] be retained in office................................ 5 Evaluation of Somewhat recommend [he/she] be retained in office............................ 4 [Name of Judge] Undecided or don’t know enough to make recommendation............. 3 Somewhat recommend [he/she] not be retained in office..................... 2 Strongly recommend [he/she] not be retained in office......................... 1 Using a grade scale, where an “A” is excellent along with B, C, D or F for fail, please grade the judge on the following. (If you feel that you don’t have experience with the judge in a specific area, or just don’t know, please circle the And why do you think that way about retaining or not retaining Judge number corresponding to “Don’t Know/Not Applicable”—DK/NA). [Name] ? _____________________________________________________________ DK _____________________________________________________________ 1. Demeanor: A B C D F N/A _____________________________________________________________ _____________________________________________________________ a. Giving court proceedings a sense of dignity. 4 3 2 1 0 9 _____________________________________________________________ b. Treating participants in the case politely _____________________________________________________________ and with respect. 4 3 2 1 0 9 c. Conducting [his/her] courtroom in a neutral manner. 4 3 2 1 0 9 d. Having a sense of compassion and human Thank you for you time in completing this questionnaire. Please place it in the self-addressed, postage paid enveloped provided, understanding for those who appear and place it in the mail. Your participation in this survey is before [him/her]. 4 3 2 1 0 9 very much appreciated. DK 2. Fairness: A B C D F N/A a. Giving participants an opportunity to be heard. 4 3 2 1 0 9 b. Treating those involved in the case without bias. 4 3 2 1 0 9 c. Treating fairly people who represent themselves. 4 3 2 1 0 9 d. Giving each side enough time to present his or her case. 4 3 2 1 0 9 DK 3. Communications: A B C D F N/A a. Makings sure participants understand the proceedings, and what’s going on in the courtroom. 4 3 2 1 0 9 b. Using language that everyone can understand. 4 3 2 1 0 9 c. Speaking clearly so everyone in the courtroom can hear what’s being said. 4 3 2 1 0 9 ## Page 96 DK 8. If a friend of yours was scheduled to appear before Judge [Name] as a 4. Diligence: A B C D F N/A party in either a civil or criminal case and asked you for advice, what a. Beginning court on time. 4 3 2 1 0 9 would you tell your friend about Judge [Name] ? b. Maintaining appropriate control over _ proceedings. 4 3 2 1 0 9 _ c. Setting reasonable schedules for cases. 4 3 2 1 0 9 _ d. Being prepared for [his/her] cases. 4 3 2 1 0 9 _ _ e. Managing court proceedings so that there is _ little wasted time. 4 3 2 1 0 9 9. What would you say are Judge [Name]’s strengths? DK _ 5. Application of Law: A B C D F N/A _ a. Giving reasons for rulings. 4 3 2 1 0 9 _ _ b. Willing to make decision without regard to _ possible outside pressure. 4 3 2 1 0 9 _ c. Being able to identify and analyze relevant facts. 4 3 2 1 0 9 10. And what would you say are Judge [Name]’s weaknesses? _ 6. [If you were in Judge [Name]’s courtroom during a criminal case _ or cases please answer this question, otherwise skip to the next _ question.] On the scale below, please indicate by circling the appropriate _ number how biased you think Judge [Name] is toward the defense or the _ prosecution. If you feel Judge [Name] is completely unbiased, circle “0.” _ Bias toward Completely Bias toward Defense Neutral Prosecution 11. Is there anything else that you would like to say about Judge 5 4 3 2 1 0 1 2 3 4 5 [Name] ? _ 7. [If you were in Judge [Name]’s courtroom during a criminal case _ or cases please answer this question, otherwise skip to the next _ question.] On the scale below, please indicate by circling the appropriate _ number how lenient or how harsh you think the sentences generally handed _ down by Judge [Name] are. If you feel Judge [Name] generally hands down _ appropriate sentences, circle “0.” Sentences Appropriate Sentences Too Light Sentences Too Harsh Continued on Back Page 5 4 3 2 1 0 1 2 3 4 5
Score cards render where the PDF extractor found numeric fields (partial is shown with “—” for missing tiles). “Read full survey text” surfaces the complete report transcription for every survey on file. Source PDFs on OJPE are always linked above for fidelity. Coverage note on Sources.
Sources
- 2018 evaluation on OJPE · scraped Apr 17, 2026
- 2006 evaluation on OJPE · scraped Apr 17, 2026