Aleene J. Ortiz-White
Trial Court · Denver · Denver
Meets Standards(Retain)4 cycles on record
Evaluation history
- 2008 retention cycleTrial Court · Denver · DenverMeets Standards(Retain)VotersRetained· 75.1% yes124,709 yes · 41,338 no50% needed to retainReports: 2008 Retention Survey Report Need an accessible PDF Document version? Please click on the link below and email our staff Contact Us The Second Judicial District Commission on Judicial Performance unanimously recommends that Judge Aleene J. Ortiz-White BE RETAINED. Background: Judge Ortiz-White was appointed to the Denver County Court in May 1989. She received her law degree from the University Of Puget Sound School Of Law (now Seattle University School of Law) in 1981. Following her graduation from law school, she engaged in the private practiced of law, was a public defender and a litigator in the civil claims section of the Denver City Attorney’s Office. She now hears cases involving juveniles accused of committing Denver ordinance offenses. Strengths: Non-attorneys surveyed rated Judge Ortiz-White comparable to other county court judges. Non-attorneys see her ability to treat participants with respect as her strongest attribute. Attorneys rank her communications and prompt rulings during trial as her greatest strengths. Attorneys rated her somewhat below the average of all county court judges. The written and oral decisions reviewed by the Commission were well-organized, succinct, and well-reasoned. Weaknesses: A concern shown by the surveys and comments was that the judge did not begin court at the scheduled time. Judge Ortiz-White has taken action to remedy this concern. Recommendation: To reach its decision, the Commission reviewed survey results and comments from persons who have appeared in Judge Ortiz-White’s courtroom including prosecuting and defense attorneys, non-attorneys, including jurors, probation officers, law enforcement officers, witnesses and defendants. The Commission also conducted a personal interview with Judge Ortiz-White and reviewed her self evaluation. Eighty-four percent of the attorneys responding to the survey recommended that Judge Ortiz-White be retained. Of the non-attorneys responding, 90% recommended that she be retained.
- 2004 retention cycleTrial Court · Denver · DenverMeets Standards(Retain)Retention Year: 2004 Recommendation: Retain Reports: 2004 Retention Survey Report Need an accessible PDF Document version? Please click on the link below and email our staff Contact Us The Second Judicial District Commission on Judicial Performance unanimously recommends that Judge Aleene Ortiz-White BE RETAINED. Judge Ortiz-White was appointed to the Denver County Court bench in May 1989. She received her law degree from the University of Puget Sound School of Law (now Seattle University School of Law) in 1981. She now hears criminal cases involving city ordinance offences. Following her graduation from law school, she was in private law practice. She later was a litigator in the Denver office of the Colorado Sate Public Defender and the civil claims section of the Denver City Attorneys Office. Judge Ortiz-White believes that communication is central to the judicial process. She uses a note-taking system on the bench and in chambers that provides the basis for oral and written decisions that are considered clear, prompt and fair by the parties involved in the cases. She works for improved communication among the court staff and in the community. She co-authored an article about what attorneys wish judges would do. She also organized a training session about services available for the hearing-impaired who appear in court. A statement of goals on disposition of cases serves to guide both Judge Ortiz-White and the staff working with her. She has adopted timesaving measures that provide for orderly, thorough, and fair rulings. To reach its decision, the Commission reviewed a questionnaire of persons who have appeared or worked in Judge Ortiz-White's courtroom: prosecuting and defense attorneys; and non-attorneys, including jurors, probation officers, law enforcement officers, defendants and court staff. Verbatim comments from those persons were also considered. The Commission also reviewed a comprehensive self-evaluation and conducted a personal interview with Judge Ortiz-White. Attorneys rated Judge Ortiz-White higher than the state average for case management, knowledge and application of the law, communication, demeanor, and diligence. Of the attorneys responding to the questionnaire, 100% recommended that Judge Ortiz-White be retained. Of the non-attorneys responding, 82% recommended that she be retained, and 18% recommended that she not be retained.
- 2000 retention cycleTrial Court · Denver · DenverMeets Standards(Retain)Retention Year: 2000 Recommendation: Retain The Second Judicial District Commission on Judicial Performance recommends that Judge Aleene Ortiz-White BE RETAINED. Judge Ortiz-White was appointed to the Denver County Court bench in May 1989. Prior to her appointment to the bench, Judge Ortiz-White was initially in private practice. She then practiced in the Denver Trial Office of the Colorado State Public Defender and later as an Assistant Denver City Attorney in the Claims Section. Her areas of specialization included personal injury and criminal defense. Judge Ortiz-White received her law degree from the University of Puget Sound School of Law (now Seattle University School of Law) in 1981. Judge Ortiz-White presently hears criminal cases. She has also served in civil court and protective orders court and handled preliminary hearings during the last eleven years. The Commission reviewed written evaluations of Judge Ortiz-White 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 Ortiz-White, including supplemental materials provided by Judge Ortiz-White, and conducted a personal interview with Judge Ortiz-White. Judge Ortiz-White believes that it is important for her to connect with her community through activities which allow her to interact with others outside of her profession. She believes that these activities teach her much about others and about herself. She feels that she has developed a broader frame of reference over time and has been able to avoid some of the isolation toward which the judicial profession sometimes tends. Her many community activities include serving as a board member of a church; participating in activities for the Hispanic Bar Association; serving as a Mock Trial Judge at the high school level; speaking at various training and teaching events for bar associations and other legal organizations; and teaching at the Adult Learning Source. Judge Ortiz-White's judicial philosophy includes endeavoring to administer justice with an appropriate measure of mercy; remembering how much is at stake for the people impacted by her decisions; communicating with people in a manner which is respectful of the circumstances which bring them to court; keeping a balanced perspective about her role in the community; and staying accountable to the people who trust her to do what justice requires rather than what is expedient in her own eyes. For recreation, Judge Ortiz-White enjoys photography and outdoor activities. Judge Ortiz-White received high ratings from both attorneys and non-attorneys in virtually every category, particularly in the areas of being courteous; treating all parties equally; communicating clearly, thoroughly and in a well-reasoned manner; maintaining proper judicial temperament; correctly applying the law; and performing with diligence, efficiency and minimal delay. Of the attorneys responding to the questionnaire, 85% recommended that Judge Ortiz-White be retained in office, 10% recommended that she not be retained, and 5% had no opinion. Of the non-attorneys responding to the questionnaire, 71% recommended retention, 20% recommended non-retention, and 9% had no opinion.
- 1996 retention cycleTrial Court · Denver · DenverMeets Standards(Retain)Retention Year: 1996 Recommendation: Retain The Judicial Performance Commission of the Second Judicial District recommends that Judge Ortiz-White BE RETAINED. Judge Aleene J. Ortiz-White is a graduate of the University of Puget Sound Law School (now Seattle University Law School). She was admitted to practice in Colorado in 1983 and was initially in private practice. She was a member of the Denver public defender’s office from 1984 through 1987. She was an assistant Denver city attorney from 1987 until her appointment to the county court bench in May of 1989. Judge Ortiz-White is currently in the civil division, but has also heard cases in the traffic, general sessions and criminal divisions of the court. From evaluations received, 90% of attorneys favored Judge Ortiz-White’s retention. Judge Ortiz-White has or is serving on several committees of county judges dealing with the operation of the county court. She is currently a member of the Colorado Supreme Court Committee for Jury Reform. Written survey results showed that 87.9% of attorneys and 91.3% of jurors favored retention; and 12.1% of attorneys and 8.7% of jurors favored non-retention.
Surveys & reports
- 2008 cycle
- 2008 Retention Survey Report(PDF on OJPE)
Read full retention survey textexpand
## Page 1 State off Colorado LLogo COOMMISSIOON ON JUUDICIALL PERFORRMANCEE AAlllleeeennee OOrrttiizz---WWhhiittttee 22008 Juudicial PPerformmance Suurvey ## Page 2 April 30, 2008 The Honorable Aleene Ortiz-White City & County Bldg. 1437 Bannock St., Room 108 Denver, CO. 80202 Dear Judge Ortiz-White: Every two years the Colorado Judicial Performance Commission conducts a survey of people who have been in the courtroom of judges who face a retention vote in the next general election. The 2008 survey was conducted by Talmey-Drake Research & Strategy, Inc., who attempted to contact over 57,000 people statewide who had been in these courtrooms in one capacity or another. Over 12,400 people responded—3,084 to the attorney survey and 9,317 to the non-attorney survey. This report contains the results of those who were in your courtroom and who responded to the survey. In addition to this introduction, the report is divided into 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 The Honorable Aleene Ortiz-White April, 30 2008 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 ext 1, and for any other questions you might have about the survey please call the Executive Director of the Colorado Judicial Performance Program, Jane Howell, at 303-837-3665. Best regards, Paul A. Talmey President enc: ## Page 4 AAttttoorrnneeyy SSuurrvveeyy ((SSaammppllee SSiizzee 5588)) ## Page 5 Aleene Ortiz-White AAttttoorrnneeyy SSuurrvveeyy Average Grades: Overall and by Section 33..11 Overall Average 3.4 3.4 3.0 Q1. Overall Case 33.55 Management 3.4 3.0 Q2. Overall App & 3.3 Knowldge of Law 3.3 3.5 Q3. Overall 3.7 Communications 3.7 3.2 Q4. Overall Demeanor 3.4 3.5 3.0 Q5. Overall Diligence 3.3 3.4 1.0 1.5 2.0 2.5 3.0 3.5 4.0 AAvveerraaggee GGrraaddee Aleene Ortiz-White All County Judges All Trial Judges Judicial Performance Survey 2008 Page 1 ## Page 6 Aleene Ortiz-White AAttttoorrnneeyy SSuurrvveeyy Average Grades: Case Management 3.0 Q1. Overall Case Management 3.5 3.4 3.5 1a. Promptly making rulings 3.6 during trial 3.6 22.33 1b. Beginning court on time 3.4 3.5 3.1 1c. Allotting appropriate amount 3.4 of time for cases 3.4 3.2 1d. Keeping cases moving 3.5 according to schedule 3.5 3.1 1e. [Civil only] Assisting parties to 3.1 reach agreement 3.0 3.4 1f. Maintaining appropriate 3.6 control over proceedings 3.5 3.2 1g. Promptly ruling on pre-trial 3.4 motions 3.3 3.3 1h. Promptly issuing a decision 3.6 on the case after trial 3.5 3.3 1i. Setting reasonable schedules 3.5 for cases 33.44 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Aleene Ortiz-White All County Judges All Trial Judges Judicial Performance Survey 2008 Page 2 ## Page 7 Aleene Ortiz-White AAttttoorrnneeyy SSuurrvveeyy Average Grades: Application and Knowledge of Law 3.0 Q2. Overall App & Knowldge of 3.3 LLaaww 3.3 3.0 2a. Basing decisions on evidence 3.3 and arguments 3.3 2.9 2b. Giving reasons for rulings 3.3 3.4 2.0 2c. [Civil only] Issuing written 3.1 findings of fact and law 3.2 2.5 2d. Willing to reconsider error in 2.9 ffaacctt oorr llaaww 2.9 3.0 2e. Having knowledge of relevant 3.3 substantive law 3.3 3.0 2f. Having knowledge of rules of 3.4 pprroocceedduurree aanndd eevviiddeennccee 3.4 2.9 2g. Being able to identify and 3.4 analyze relevant facts 3.4 3.2 2h. [Criminal only] Issuing consistent sentences when the 3.4 circumstances are similar 3.3 2.9 2i. Willing to make decision without regard to possible 3.4 criticism 3.4 3.0 2j. Making decisions without fear 3.5 ooff bbeeiinngg aappppeeaalleedd 3.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Aleene Ortiz-White All County Judges All Trial Judges Judicial Performance Survey 2008 Page 3 ## Page 8 Aleene Ortiz-White AAttttoorrnneeyy SSuurrvveeyy Average Grades: Communications 3.5 Q3. Overall Communications 3.7 3.7 3.4 3a. Speaking clearly 3.7 3.7 3.4 3b. Making sure all participants 3.6 understand the proceedings 3.6 3.5 3c. Using understandable 3.7 language 3.7 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Aleene Ortiz-White All County Judges All Trial Judges Judicial Performance Survey 2008 Page 4 ## Page 9 Aleene Ortiz-White AAttttoorrnneeyy SSuurrvveeyy Average Grades: Demeanor 3.2 Q4. Overall Demeanor 3.4 3.5 3.4 4a. Giving proceedings a sense 3.5 of dignity 3.5 3.4 4b. Treating everyone involved 3.5 politely 33.44 3.1 4c. Having empathy with the 3.3 parties involved 3.3 3.3 4d. Treating participants with 3.5 respect 3.5 3.0 4e. Presenting a neutral 3.3 presence on the bench 3.4 3.3 4f. Being consistent in [his/her] 3.5 behavior 3.5 33.11 4g. Conducting [his/her] 3.4 courtroom in a neutral manner 3.4 3.3 4h. Giving all participants an 3.6 opportunity to be heard 3.6 3.1 44ii. CCoonnssiisstteennttllyy aappppllyyiinngg llaawwss 3.4 and rules 3.4 3.6 4j. Not engaging in ex parte 3.6 communications 3.7 3.4 44kk. TTrreeaattiinngg pprroo ssee ppaarrttiieess ffaaiirrllyy 33.66 3.6 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Aleene Ortiz-White All County Judges All Trial Judges Judicial Performance Survey 2008 Page 5 ## Page 10 Aleene Ortiz-White AAttttoorrnneeyy SSuurrvveeyy Average Grades: Diligence 3.0 Q5. Overall Diligence 3.3 3.4 3.0 55aa. MMaakkiinngg ttoouugghh ddeecciissiioonnss wwhheenn 3.4 necessary 3.4 2.9 5b. Using good judgment in apppplication of relevant law and 3.3 rules 3.3 2.9 5c. Doing the necessary 'homework' and being prepared 3.4 for [[his/her]] cases 3.4 3.1 5d. Being willing to handle cases on the docket even when they are 3.4 complicated and time consuming 33.55 3.0 5e. Providing prompt access to 3.4 the court in emergency matters 3.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Aleene Ortiz-White All County Judges All Trial Judges Judicial Performance Survey 2008 Page 6 ## Page 11 Aleene Ortiz-White AAttttoorrnneeyy SSuurrvveeyy Q6. Average: How biased do you think Judge Ortiz- White is toward the defense or prosecution? Aleene Ortiz-White 1.0 All County Judges 0.9 All Trial Judges 0.7 5 4 3 2 1 0 1 2 3 4 5 (cid:205)Defense Prosecution (cid:206) Judicial Performance Survey 2008 Page 7 ## Page 12 Aleene Ortiz-White AAttttoorrnneeyy SSuurrvveeyy Q7. Average: How lenient or how harsh are Judge Ortiz-White's sentences? Aleene Ortiz-White 0.2 All County Judges 0.5 All Trial Judges 0.3 5 4 3 2 1 0 1 2 3 4 5 (cid:205)Lenient Harsh (cid:206) Judicial Performance Survey 2008 Page 8 ## Page 13 Aleene Ortiz-White AAttttoorrnneeyy SSuurrvveeyy Retention Recommendation 110000%% 90% 80% 77%77% 7744%% 7733%% 70% 68% 61% 60% 50% 40% 30% 20% 16% 14% 13%13% 12%12% 12% 11% 11% 10% 6% 6%6% 5% 5% 5% 5% 4% 4% 4% 4% 4% 0% Including Undecided Excluding Undecided Judge Ortiz-White All County Judges All Trial Judges Judicial Performance Survey 2008 Page 9 ## Page 14 Aleene Ortiz-White Attorney Survey 1a. How would you grade Judge Ortiz-White on "Promptly making rulings during trial?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 31% 54% 57% B 12% 18% 18% C 7% 4% 3% D 0% 1% 1% Fail 0% 0% 1% No Grade 50% 23% 21% Average 3.5 3.6 3.6 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 1 ## Page 15 Aleene Ortiz-White Attorney Survey 1b. How would you grade Judge Ortiz-White on "Beginning court on time?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 21% 58% 62% B 26% 28% 25% C 29% 9% 7% D 10% 2% 2% Fail 14% 1% 1% No Grade 0% 1% 2% Average 2.3 3.4 3.5 Letter Grade C B+ B+ Judicial Performance Survey 2008 Page 2 ## Page 16 Aleene Ortiz-White Attorney Survey 1c. How would you grade Judge Ortiz-White on "Allotting appropriate amount of time for cases?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 38% 58% 56% B 38% 29% 28% C 21% 7% 8% D 2% 2% 2% Fail 2% 1% 1% No Grade 0% 4% 4% Average 3.1 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 3 ## Page 17 Aleene Ortiz-White Attorney Survey 1d. How would you grade Judge Ortiz-White on "Keeping cases moving according to schedule?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 35% 58% 58% B 46% 30% 28% C 16% 6% 7% D 2% 2% 2% Fail 0% 1% 1% No Grade 2% 4% 4% Average 3.2 3.5 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 4 ## Page 18 Aleene Ortiz-White Attorney Survey 1e. How would you grade Judge Ortiz-White on "[Civil only] Assisting parties to reach agreement?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 14% 22% 23% B 11% 18% 17% C 11% 6% 8% D 0% 2% 3% Fail 0% 2% 2% No Grade 64% 51% 47% Average 3.1 3.1 3.0 Letter Grade B B B Judicial Performance Survey 2008 Page 5 ## Page 19 Aleene Ortiz-White Attorney Survey 1f. How would you grade Judge Ortiz-White on "Maintaining appropriate control over proceedings?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 49% 67% 66% B 37% 22% 22% C 11% 6% 7% D 2% 2% 2% Fail 0% 1% 1% No Grade 2% 1% 2% Average 3.4 3.6 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 6 ## Page 20 Aleene Ortiz-White Attorney Survey 1g. How would you grade Judge Ortiz-White on "Promptly ruling on pre-trial motions?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 22% 42% 44% B 17% 19% 21% C 10% 6% 8% D 2% 2% 3% Fail 0% 1% 1% No Grade 48% 30% 24% Average 3.2 3.4 3.3 Letter Grade B B+ B Judicial Performance Survey 2008 Page 7 ## Page 21 Aleene Ortiz-White Attorney Survey 1h. How would you grade Judge Ortiz-White on "Promptly issuing a decision on the case after trial?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 17% 47% 48% B 14% 15% 16% C 7% 4% 4% D 0% 1% 1% Fail 0% 1% 1% No Grade 62% 32% 29% Average 3.3 3.6 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 8 ## Page 22 Aleene Ortiz-White Attorney Survey 1i. How would you grade Judge Ortiz-White on "Setting reasonable schedules for cases?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 41% 55% 54% B 31% 26% 26% C 9% 6% 8% D 0% 2% 3% Fail 2% 1% 2% No Grade 17% 9% 8% Average 3.3 3.5 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 9 ## Page 23 Aleene Ortiz-White Attorney Survey 2a. How would you grade Judge Ortiz-White on "Basing decisions on evidence and arguments?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 38% 53% 54% B 28% 25% 25% C 21% 9% 9% D 5% 4% 4% Fail 3% 3% 3% No Grade 5% 5% 5% Average 3.0 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2008 Page 10 ## Page 24 Aleene Ortiz-White Attorney Survey 2b. How would you grade Judge Ortiz-White on "Giving reasons for rulings?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 34% 55% 56% B 26% 25% 25% C 24% 9% 9% D 7% 4% 4% Fail 3% 2% 2% No Grade 5% 4% 4% Average 2.9 3.3 3.4 Letter Grade B- B B+ Judicial Performance Survey 2008 Page 11 ## Page 25 Aleene Ortiz-White Attorney Survey 2c. How would you grade Judge Ortiz-White on "[Civil only] Issuing written findings of fact and law?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 6% 20% 27% B 3% 12% 16% C 3% 4% 6% D 9% 3% 3% Fail 3% 2% 2% No Grade 75% 60% 47% Average 2.0 3.1 3.2 Letter Grade C B B Judicial Performance Survey 2008 Page 12 ## Page 26 Aleene Ortiz-White Attorney Survey 2d. How would you grade Judge Ortiz-White on "Willing to reconsider error in fact or law?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 15% 26% 27% B 24% 17% 18% C 9% 9% 9% D 6% 5% 5% Fail 7% 4% 4% No Grade 39% 40% 38% Average 2.5 2.9 2.9 Letter Grade C+ B- B- Judicial Performance Survey 2008 Page 13 ## Page 27 Aleene Ortiz-White Attorney Survey 2e. How would you grade Judge Ortiz-White on "Having knowledge of relevant substantive law?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 38% 51% 54% B 33% 29% 28% C 17% 8% 9% D 7% 4% 4% Fail 3% 2% 2% No Grade 2% 4% 4% Average 3.0 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2008 Page 14 ## Page 28 Aleene Ortiz-White Attorney Survey 2f. How would you grade Judge Ortiz-White on "Having knowledge of rules of procedure and evidence?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 40% 57% 60% B 31% 25% 24% C 20% 8% 8% D 5% 3% 3% Fail 2% 2% 2% No Grade 2% 4% 4% Average 3.0 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 15 ## Page 29 Aleene Ortiz-White Attorney Survey 2g. How would you grade Judge Ortiz-White on "Being able to identify and analyze relevant facts?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 32% 58% 58% B 36% 25% 24% C 20% 8% 8% D 7% 4% 4% Fail 2% 2% 2% No Grade 4% 4% 4% Average 2.9 3.4 3.4 Letter Grade B- B+ B+ Judicial Performance Survey 2008 Page 16 ## Page 30 Aleene Ortiz-White Attorney Survey 2h. How would you grade Judge Ortiz-White on "[Criminal only] Issuing consistent sentences when the circumstances are similar?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 35% 44% 36% B 24% 20% 18% C 9% 6% 5% D 2% 3% 2% Fail 2% 1% 1% No Grade 29% 26% 37% Average 3.2 3.4 3.3 Letter Grade B B+ B Judicial Performance Survey 2008 Page 17 ## Page 31 Aleene Ortiz-White Attorney Survey 2i. How would you grade Judge Ortiz-White on "Willing to make decision without regard to possible criticism?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 33% 55% 54% B 22% 20% 20% C 14% 7% 7% D 5% 3% 3% Fail 5% 3% 3% No Grade 21% 12% 14% Average 2.9 3.4 3.4 Letter Grade B- B+ B+ Judicial Performance Survey 2008 Page 18 ## Page 32 Aleene Ortiz-White Attorney Survey 2j. How would you grade Judge Ortiz-White on "Making decisions without fear of being appealed?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 32% 54% 55% B 28% 21% 20% C 11% 5% 6% D 5% 3% 2% Fail 4% 1% 1% No Grade 21% 16% 16% Average 3.0 3.5 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 19 ## Page 33 Aleene Ortiz-White Attorney Survey 3a. How would you grade Judge Ortiz-White on "Speaking clearly?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 64% 78% 76% B 26% 18% 18% C 3% 3% 4% D 3% 1% 1% Fail 3% 0% 0% No Grade 0% 0% 1% Average 3.4 3.7 3.7 Letter Grade B+ A- A- Judicial Performance Survey 2008 Page 20 ## Page 34 Aleene Ortiz-White Attorney Survey 3b. How would you grade Judge Ortiz-White on "Making sure all participants understand the proceedings?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 55% 71% 71% B 33% 22% 21% C 7% 4% 5% D 2% 1% 1% Fail 2% 1% 1% No Grade 2% 1% 2% Average 3.4 3.6 3.6 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 21 ## Page 35 Aleene Ortiz-White Attorney Survey 3c. How would you grade Judge Ortiz-White on "Using understandable language?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 62% 77% 76% B 29% 19% 19% C 7% 3% 3% D 2% 1% 1% Fail 0% 0% 0% No Grade 0% 0% 1% Average 3.5 3.7 3.7 Letter Grade B+ A- A- Judicial Performance Survey 2008 Page 22 ## Page 36 Aleene Ortiz-White Attorney Survey 4a. How would you grade Judge Ortiz-White on "Giving proceedings a sense of dignity?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 53% 69% 69% B 34% 20% 20% C 9% 6% 6% D 2% 2% 2% Fail 2% 2% 2% No Grade 0% 0% 1% Average 3.4 3.5 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 23 ## Page 37 Aleene Ortiz-White Attorney Survey 4b. How would you grade Judge Ortiz-White on "Treating everyone involved politely?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 57% 69% 69% B 31% 17% 17% C 9% 6% 7% D 2% 4% 3% Fail 2% 4% 4% No Grade 0% 0% 1% Average 3.4 3.5 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 24 ## Page 38 Aleene Ortiz-White Attorney Survey 4c. How would you grade Judge Ortiz-White on "Having empathy with the parties involved?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 43% 56% 55% B 26% 22% 22% C 19% 10% 10% D 7% 4% 4% Fail 2% 4% 4% No Grade 3% 3% 4% Average 3.1 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2008 Page 25 ## Page 39 Aleene Ortiz-White Attorney Survey 4d. How would you grade Judge Ortiz-White on "Treating participants with respect?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 48% 68% 68% B 38% 19% 18% C 10% 6% 7% D 2% 3% 3% Fail 2% 3% 3% No Grade 0% 0% 1% Average 3.3 3.5 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 26 ## Page 40 Aleene Ortiz-White Attorney Survey 4e. How would you grade Judge Ortiz-White on "Presenting a neutral presence on the bench?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 47% 62% 64% B 21% 21% 20% C 21% 8% 8% D 9% 5% 4% Fail 3% 3% 4% No Grade 0% 1% 1% Average 3.0 3.3 3.4 Letter Grade B B B+ Judicial Performance Survey 2008 Page 27 ## Page 41 Aleene Ortiz-White Attorney Survey 4f. How would you grade Judge Ortiz-White on "Being consistent in [his/her] behavior?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 52% 64% 64% B 31% 22% 21% C 17% 6% 7% D 0% 3% 3% Fail 0% 2% 2% No Grade 0% 3% 4% Average 3.3 3.5 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 28 ## Page 42 Aleene Ortiz-White Attorney Survey 4g. How would you grade Judge Ortiz-White on "Conducting [his/her] courtroom in a neutral manner?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 47% 63% 64% B 26% 21% 20% C 16% 7% 7% D 10% 4% 4% Fail 2% 3% 3% No Grade 0% 1% 2% Average 3.1 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 29 ## Page 43 Aleene Ortiz-White Attorney Survey 4h. How would you grade Judge Ortiz-White on "Giving all participants an opportunity to be heard?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 47% 70% 70% B 34% 20% 19% C 19% 6% 6% D 0% 2% 2% Fail 0% 1% 2% No Grade 0% 1% 1% Average 3.3 3.6 3.6 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 30 ## Page 44 Aleene Ortiz-White Attorney Survey 4i. How would you grade Judge Ortiz-White on "Consistently applying laws and rules?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 46% 60% 59% B 25% 20% 21% C 18% 8% 8% D 7% 3% 3% Fail 0% 3% 3% No Grade 5% 6% 6% Average 3.1 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 31 ## Page 45 Aleene Ortiz-White Attorney Survey 4j. How would you grade Judge Ortiz-White on "Not engaging in ex parte communications?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 55% 60% 64% B 21% 14% 12% C 2% 4% 3% D 2% 1% 1% Fail 0% 1% 1% No Grade 21% 20% 19% Average 3.6 3.6 3.7 Letter Grade B+ B+ A- Judicial Performance Survey 2008 Page 32 ## Page 46 Aleene Ortiz-White Attorney Survey 4k. How would you grade Judge Ortiz-White on "Treating pro se parties fairly?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 47% 55% 51% B 24% 14% 11% C 10% 4% 3% D 0% 2% 1% Fail 0% 1% 1% No Grade 19% 24% 33% Average 3.4 3.6 3.6 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 33 ## Page 47 Aleene Ortiz-White Attorney Survey 5a. How would you grade Judge Ortiz-White on "Making tough decisions when necessary?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 33% 51% 53% B 28% 23% 22% C 9% 7% 7% D 9% 3% 3% Fail 3% 2% 2% No Grade 19% 15% 13% Average 3.0 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 34 ## Page 48 Aleene Ortiz-White Attorney Survey 5b. How would you grade Judge Ortiz-White on "Using good judgment in application of relevant law and rules?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 34% 54% 54% B 29% 25% 26% C 24% 9% 9% D 5% 4% 4% Fail 3% 3% 3% No Grade 3% 5% 4% Average 2.9 3.3 3.3 Letter Grade B- B B Judicial Performance Survey 2008 Page 35 ## Page 49 Aleene Ortiz-White Attorney Survey 5c. How would you grade Judge Ortiz-White on "Doing the necessary 'homework' and being prepared for [his/her] cases?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 26% 52% 56% B 21% 23% 24% C 23% 8% 8% D 7% 3% 2% Fail 0% 2% 2% No Grade 23% 12% 9% Average 2.9 3.4 3.4 Letter Grade B- B+ B+ Judicial Performance Survey 2008 Page 36 ## Page 50 Aleene Ortiz-White Attorney Survey 5d. How would you grade Judge Ortiz-White on "Being willing to handle cases on the docket even when they are complicated and time consuming?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 34% 51% 54% B 22% 17% 18% C 17% 6% 6% D 2% 2% 2% Fail 2% 2% 2% No Grade 22% 21% 19% Average 3.1 3.4 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 37 ## Page 51 Aleene Ortiz-White Attorney Survey 5e. How would you grade Judge Ortiz-White on "Providing prompt access to the court in emergency matters?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 14% 38% 39% B 21% 14% 14% C 12% 4% 4% D 2% 2% 1% Fail 0% 1% 1% No Grade 51% 41% 40% Average 3.0 3.4 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 38 ## Page 52 Aleene Ortiz-White Attorney Survey 6. How biased do you think Judge Ortiz-White is towards the defense or the prosecution? Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 5 2% 4% 3% ⇑ 4 9% 5% 4% 3 14% 7% 7% 2 9% 11% 10% 1 9% 15% 14% 0 Neutral 53% 53% 53% -1 4% 3% 4% -2 0% 1% 2% -3 2% 1% 2% -4 0% 1% 1% ⇓ -5 0% 0% 0% Average 1.0 0.9 0.7 noitucesorP drawoT esnefeD drawoT Judicial Performance Survey 2008 Page 39 ## Page 53 Aleene Ortiz-White Attorney Survey 7. How lenient or harsh do you think the sentences handed down by Judge Ortiz-White are? Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 5 0% 2% 2% ⇑ 4 6% 3% 3% 3 0% 5% 4% 2 2% 8% 8% 1 6% 11% 10% 0 Appropriate 72% 63% 60% -1 9% 4% 4% -2 2% 2% 3% -3 2% 2% 3% -4 0% 1% 1% ⇓ -5 0% 0% 1% Average 0.2 0.5 0.3 hsraH oT thgiL oT Judicial Performance Survey 2008 Page 40 ## Page 54 Aleene Ortiz-White Attorney Survey 12. Do you recommend that Judge Ortiz-White be retained in office or not be retained in office? Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 Strongly Recommend 68% 77% 77% Retain in office Somewhat Recommend 16% 13% 13% Retain in office Somewhat Recommend Not 4% 5% 4% Retain in office Strongly Recommend Not Retain in office 12% 6% 6% Judicial Performance Survey 2008 Page 41 ## Page 55 NNoonn--AAttttoorrnneeyy SSuurrvveeyy ((SSaammppllee SSiizzee 7799)) ## Page 56 Aleene Ortiz-White NNoonn-AAttttoorrnneeyy SSuurrvveeyy Average Grades: Overall and by Section 3.5 Overall Average 3.5 3.6 3.5 QQ11. OOvveerraallll DDeemmeeaannoorr 33.55 3.6 3.5 Q2. Overall Fairness 3.5 3.6 3.6 Q3. Overall 3.6 Communications 3.7 3.4 Q4. Overall Diligence 3.5 3.6 3.4 Q5. Overall Application of 3.4 Law 3.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 AAverage GGradde Aleene Ortiz-White All County Judges All Trial Judges Judicial Performance Survey 2008 Page 1 ## Page 57 Aleene Ortiz-White Non-Attorney Survey Average Grades: Demeanor 3.5 Q1. Overall Demeanor 3.5 3.6 33.55 1a. Giving court proceedings a 3.5 sense of dignity 3.6 3.6 1b. Treating participants politely 3.5 and with respect 3.6 3.4 1c. Conducting [his/her] 3.5 courtroom in a neutral manner 3.6 3.5 1d. Having a sense of compassion and human 3.4 understanding for those who appear before the judge 3.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Aleene Ortiz-White All County Judges All Trial Judges Judicial Performance Survey 2008 Page 2 ## Page 58 Aleene Ortiz-White NNoonn-AAttttoorrnneeyy SSuurrvveeyy Average Grades: Fairness 3.5 Q2. Overall Fairness 3.5 3.6 3.6 2a. Giving participants an 3.5 opportunity to be heard 3.6 3.4 2b. Treating those involved with 3.5 the case without bias 3.5 3.4 2c. Treating fairly people who 3.4 represent themselves 3.5 3.5 2d. Giving each side enough 3.5 time to present his or her case 33.66 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Aleene Ortiz-White All County Judges All Trial Judges Judicial Performance Survey 2008 Page 3 ## Page 59 Aleene Ortiz-White Non-Attorney Survey Average Grades: Communications 3.6 Q3. Overall Communications 3.6 3.7 3.6 3a. Making sure all participants understand the 3.6 proceedings, and what's going on in the courtroom 3.6 3.6 3b. Using language that 3.6 everyone can understand 3.7 3.5 3c. Speaking clearly so everyone in the courtroom can 3.7 hear what's being said 3.7 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Aleene Ortiz-White All County Judges All Trial Judges Judicial Performance Survey 2008 Page 4 ## Page 60 Aleene Ortiz-White Non-Attorney Survey Average Grades: Diligence 3.4 Q4. Overall Diligence 3.5 3.6 3.3 44a. BBegiinniing courtt on ttiime 33.44 3.4 3.5 4b. Maintaining appropriate 33..66 conttroll over proceeddiings 3.7 3.5 4c. Setting reasonable 3.5 sscchheedduulleess ffoorr ccaasseess 3.6 3.5 4d. Being prepared for [his/her] 3.6 cases 3.6 3.3 4e. Managing court proceedings so that there is 3.5 little wasted time 3.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Aleene Ortiz-White All County Judges All Trial Judges Judicial Performance Survey 2008 Page 5 ## Page 61 Aleene Ortiz-White Non-Attorney Survey Average Grades: Application and Knowledge of Law 3.4 Q5. Overall App of Law 3.4 3.5 3.3 5a. Giving reasons for rulings 3.4 3.5 3.4 5b. Willing to make decision without regard to possible 3.5 outside pressure 3.5 3.5 5c. Being able to identify and 3.4 analyze relevant facts 33.55 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Aleene Ortiz-White All County Judges All Trial Judges Judicial Performance Survey 2008 Page 6 ## Page 62 Aleene Ortiz-White Non-Attorney Survey Average: How biased do you think Judge Ortiz-White is toward the defense or prosecution? Aleene Ortiz-White -0.1 All County Judges 0.1 All Trial Judges 0.1 5 4 3 2 1 0 1 2 3 4 5 (cid:205) Defense Prosecution (cid:206) Judicial Performance Survey 2008 Page 7 ## Page 63 Aleene Ortiz-White Non-Attorney Survey Average: How lenient or how harsh are Judge Ortiz-White's sentences? Aleene Ortiz-White -0.4 All County Judges 0.0 All Trial Judges 0.0 5 4 3 2 1 0 1 2 3 4 5 (cid:205) Lenient Harsh (cid:206) Judicial Performance Survey 2008 Page 8 ## Page 64 Aleene Ortiz-White Non-Attorney Survey Retention Recommendation 100% 90% 85% 81% 80% 78% 74% 72% 70% 64% 60% 5500%% 40% 30% 20% 18% 16% 11% 9% 9% 10% 8% 8% 8% 7% 7% 6% 6% 5% 5% 5% 3%3% 3%3% 2% 2% 0% Including Undecided Excluding Undecided Judge Ortiz-White All County Judges All Trial Judges Judicial Performance Survey 2008 Page 9 ## Page 65 Aleene Ortiz-White Non-Attorney Survey 1a. How would you grade Judge Ortiz-White on "Giving proceedings a sense of dignity?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 63% 69% 73% B 28% 19% 18% C 6% 6% 4% D 0% 2% 2% Fail 1% 2% 2% No Grade 1% 2% 1% Average 3.5 3.5 3.6 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 1 ## Page 66 Aleene Ortiz-White Non-Attorney Survey 1b. How would you grade Judge Ortiz-White on "Treating participants politely and with respect?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 71% 72% 76% B 21% 16% 14% C 6% 5% 4% D 1% 2% 2% Fail 0% 4% 3% No Grade 1% 1% 1% Average 3.6 3.5 3.6 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 2 ## Page 67 Aleene Ortiz-White Non-Attorney Survey 1c. How would you grade Judge Ortiz-White on "Conducting [his/her] courtroom in a neutral manner?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 68% 70% 74% B 18% 16% 14% C 5% 5% 5% D 4% 2% 2% Fail 4% 4% 3% No Grade 1% 2% 1% Average 3.4 3.5 3.6 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 3 ## Page 68 Aleene Ortiz-White Non-Attorney Survey 1d. How would you grade Judge Ortiz-White on "Having a sense of compassion and human understanding for those who appear before the judge?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 62% 65% 69% B 21% 18% 17% C 6% 6% 5% D 4% 3% 2% Fail 1% 5% 4% No Grade 6% 3% 3% Average 3.5 3.4 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 4 ## Page 69 Aleene Ortiz-White Non-Attorney Survey 2a. How would you grade Judge Ortiz-White on "Giving participants an opportunity to be heard?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 71% 72% 75% B 17% 15% 14% C 10% 5% 4% D 0% 2% 2% Fail 1% 4% 3% No Grade 1% 2% 2% Average 3.6 3.5 3.6 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 5 ## Page 70 Aleene Ortiz-White Non-Attorney Survey 2b. How would you grade Judge Ortiz-White on "Treating those involved in the case without bias?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 63% 70% 73% B 22% 15% 14% C 5% 4% 4% D 3% 3% 2% Fail 4% 5% 4% No Grade 4% 3% 3% Average 3.4 3.5 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 6 ## Page 71 Aleene Ortiz-White Non-Attorney Survey 2c. How would you grade Judge Ortiz-White on "Treating fairly people who represent themselves?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 46% 52% 49% B 17% 11% 9% C 9% 4% 3% D 3% 2% 1% Fail 0% 4% 3% No Grade 26% 27% 35% Average 3.4 3.4 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 7 ## Page 72 Aleene Ortiz-White Non-Attorney Survey 2d. How would you grade Judge Ortiz-White on "Giving each side enough time to present his or her case?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 68% 69% 72% B 19% 15% 14% C 6% 5% 4% D 4% 2% 2% Fail 1% 3% 3% No Grade 1% 6% 5% Average 3.5 3.5 3.6 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 8 ## Page 73 Aleene Ortiz-White Non-Attorney Survey 3a. How would you grade Judge Ortiz-White on "Making sure participants understand the proceedings, and what's going on in the courtroom?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 71% 74% 76% B 14% 14% 14% C 10% 6% 5% D 1% 2% 2% Fail 0% 2% 2% No Grade 4% 2% 2% Average 3.6 3.6 3.6 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 9 ## Page 74 Aleene Ortiz-White Non-Attorney Survey 3b. How would you grade Judge Ortiz-White on "Using language that everyone can understand?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 72% 74% 76% B 19% 17% 16% C 6% 5% 4% D 1% 1% 1% Fail 0% 1% 1% No Grade 1% 1% 1% Average 3.6 3.6 3.7 Letter Grade B+ B+ A- Judicial Performance Survey 2008 Page 10 ## Page 75 Aleene Ortiz-White Non-Attorney Survey 3c. How would you grade Judge Ortiz-White on "Speaking clearly so everyone in the courtroom can hear what's being said?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 65% 76% 78% B 23% 15% 14% C 8% 5% 4% D 0% 1% 1% Fail 3% 1% 1% No Grade 1% 1% 1% Average 3.5 3.7 3.7 Letter Grade B+ A- A- Judicial Performance Survey 2008 Page 11 ## Page 76 Aleene Ortiz-White Non-Attorney Survey 4a. How would you grade Judge Ortiz-White on "Beginning court on time?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 54% 59% 61% B 23% 23% 24% C 10% 9% 8% D 6% 3% 2% Fail 1% 3% 2% No Grade 5% 4% 4% Average 3.3 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 12 ## Page 77 Aleene Ortiz-White Non-Attorney Survey 4b. How would you grade Judge Ortiz-White on "Maintaining appropriate control over proceedings?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 68% 75% 77% B 16% 16% 15% C 12% 5% 4% D 4% 1% 1% Fail 0% 1% 1% No Grade 1% 2% 2% Average 3.5 3.6 3.7 Letter Grade B+ B+ A- Judicial Performance Survey 2008 Page 13 ## Page 78 Aleene Ortiz-White Non-Attorney Survey 4c. How would you grade Judge Ortiz-White on "Setting reasonable schedules for cases?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 51% 59% 62% B 20% 17% 17% C 11% 6% 5% D 1% 1% 1% Fail 0% 2% 2% No Grade 17% 15% 13% Average 3.5 3.5 3.6 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 14 ## Page 79 Aleene Ortiz-White Non-Attorney Survey 4d. How would you grade Judge Ortiz-White on "Being prepared for [his/her] cases?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 59% 67% 71% B 14% 15% 14% C 11% 5% 4% D 3% 2% 1% Fail 0% 3% 2% No Grade 13% 9% 8% Average 3.5 3.6 3.6 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 15 ## Page 80 Aleene Ortiz-White Non-Attorney Survey 4e. How would you grade Judge Ortiz-White on "Managing court proceedings so that there is little wasted time?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 55% 64% 66% B 22% 20% 20% C 14% 7% 7% D 3% 2% 2% Fail 3% 3% 2% No Grade 4% 3% 3% Average 3.3 3.5 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 16 ## Page 81 Aleene Ortiz-White Non-Attorney Survey 5a. How would you grade Judge Ortiz-White on "Giving reasons for rulings?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 55% 62% 65% B 14% 16% 16% C 9% 7% 5% D 4% 3% 2% Fail 4% 4% 3% No Grade 14% 9% 9% Average 3.3 3.4 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 17 ## Page 82 Aleene Ortiz-White Non-Attorney Survey 5b. How would you grade Judge Ortiz-White on "Willing to make decision without regard to possible outside pressure?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 57% 57% 59% B 12% 12% 12% C 5% 4% 4% D 1% 2% 2% Fail 5% 4% 3% No Grade 20% 21% 20% Average 3.4 3.5 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 18 ## Page 83 Aleene Ortiz-White Non-Attorney Survey 5c. How would you grade Judge Ortiz-White on "Being able to identify and analyze relevant facts?" Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 A 61% 64% 66% B 13% 14% 14% C 6% 5% 4% D 3% 3% 3% Fail 3% 4% 4% No Grade 14% 10% 10% Average 3.5 3.4 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 19 ## Page 84 Aleene Ortiz-White Non-Attorney Survey 6. How biased do you think Judge Ortiz-White is towards the defense or the prosecution? Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 5 3% 2% 2% ⇑ 4 2% 2% 1% 3 0% 2% 2% 2 2% 2% 2% 1 0% 5% 5% 0 Neutral 81% 78% 82% -1 3% 3% 3% -2 3% 1% 1% -3 2% 1% 1% -4 3% 1% 1% ⇓ -5 2% 1% 1% Average -0.1 0.1 0.1 noitucesorP drawoT esnefeD drawoT Judicial Performance Survey 2008 Page 20 ## Page 85 Aleene Ortiz-White Non-Attorney Survey 7. How lenient or harsh do you think the sentences handed down by Judge Ortiz-White are? Judge All County All Trial Ortiz-White Judges 2008 Judges 2008 5 0% 3% 2% ⇑ 4 2% 2% 2% 3 2% 2% 2% 2 0% 3% 2% 1 2% 3% 3% 0 Appropriate 67% 73% 76% -1 12% 5% 5% -2 8% 3% 4% -3 2% 2% 2% -4 2% 2% 1% ⇓ -5 4% 2% 1% Average -0.4 0.0 0.0 hsraH oT thgiL oT Judicial Performance Survey 2008 Page 21 ## Page 86 Aleene Ortiz-White Non-Attorney Survey 12. Do you recommend that Judge Ortiz-White be retained in office or not be retained in office? Judge All County All Trial Ortiz-White Judges 2006 Judges 2008 Strongly Recommend 72% 81% 85% Retain in office Somewhat Recommend 18% 9% 8% Retain in office Somewhat Recommend Not 3% 3% 2% Retain in office Strongly Recommend Not Retain in office 6% 7% 5% Judicial Performance Survey 2008 Page 22 ## Page 87 MMeetthhooddoollooggyy ## Page 88 MMeetthhooddoollooggyy Sample: The databases of names and addresses of the people who had likely been in each judge’s courtroom were primarily provided by the Colorado Judicial Department, Colorado District Attorneys’ Council and the Denver County Courts. These three sources provided name and address data in 2005, 2006, 2007 and 2008. Starting in the second quarter of 2007, the data was provided quarterly. Where there were low sample counts, this data was supplemented by contacting district court administrators for additional sample of particular types of potential respondents. The data was then combined, duplicates removed and addresses corrected— quarterly starting in 2007. Depending on the available number of names and the count of already received surveys for a particular judge, either all or a random sample of names were drawn. Included in the data cleaning was the identification of potential respondents in the sample who had appeared in more than two judges’ courtrooms. Due to concerns about respondent fatigue, no more than two questionnaires were intended to be sent to any one respondent—though there were a few instances where one respondent did receive more than two questionnaires. Where a person had been in more than two judges’ courtrooms, the selection criteria for which judges he or she would be sent questionnaires was generally: first, for the judge in whose courtroom the potential respondent had been in most often, and two, the judge with the smallest sample of the judges in whose courtroom the potential respondent had appeared. Survey: Each person whose name was drawn was mailed an initial postcard informing the recipient that he or she would be receiving a questionnaire. Two to three weeks after the post card was mailed, the potential respondent would be sent a personalized introductory letter and a questionnaire with a postage-paid return envelope. Those who did not respond to the first questionnaire were then sent a sent follow-up postcard. If the person did not respond after the follow-up postcard, a second questionnaire and letter were sent and in some instances a second follow-up postcard was sent after the second letter and questionnaire. In order to increase the number of attorney responses, particularly for judges with few attorney responses, telephone interviews were conducted with attorneys who had not responded to the mailed questionnaires. Over 900 interviews were completed by telephone. 1 ## Page 89 Questionnaire: The questionnaire used in the 2008 Judicial Performance Survey asked respondents to use a grade of A, B, C, D, or F (Fail) to assess the judge’s performance in five different areas. For attorney respondents these areas were Case Management, Application and Knowledge of Law, Communications, Demeanor and Diligence, and for non-attorney respondents the five were Demeanor, Fairness, Communications, Diligence and Application of Law. These scores were then converted to a numerical value where A = 4, B = 3, C = 2, D = 1 and Fail = 0. Copies of the questionnaires are included at the end of this report. Response: The estimated response rate is calculated as the number of completed questionnaires divided by the number of eligible respondents who actually received a questionnaire. The following table shows the total number of questionnaires mailed, completed, non-responses & refusals, undeliverables and other responses. The table presents the estimated overall response rate as well as the response rate by the different types of respondents. The true response rates are likely considerably higher than shown because of the relatively high percentage of people who were mailed questionnaires about judges who they had not observed in court. This is due, in part, to many cases being disposed of without the parties having appeared in court, as well as in the case of law enforcement, the data includes all those who were subpoenaed for a case, not just those who appeared. A similar table showing the response counts and estimated cooperation rate for your survey is provided at the end of this methodology section. 2 ## Page 90 Total No Undeliverable/ Other Non- Cooperation Sent Response Not Applicable responses Completes Rate Attorneys Criminal District Attorneys 841 306 93 2 440 58.8% Defense Attorneys 1,082 341 102 2 637 65.0% Other Attorneys Crmnl 809 418 27 3 361 46.2% Civil Attorneys for Litigants 1,395 312 171 13 899 73.4% Other Attorneys Civil 598 280 53 2 263 48.3% Attorneys, Unknown Role 852 289 77 2 484 62.5% Total Attorneys 5,577 1,946 523 24 3,084 61.0% Non-attorneys Criminal Law Enforcement 8,170 5,431 1,417 34 1,288 19.1% Defendant 13,787 9,091 3,737 25 934 9.3% Victim 295 222 63 2 8 3.4% Witness 1,886 1,342 453 5 86 6.0% Other 5,396 3,532 1,301 43 520 12.7% Civil Litigant 6,552 4,390 1,109 21 1,032 19.0% Witness 46 31 5 0 10 24.4% Other 59 29 15 0 15 34.1% Non-attnys, Unknown Role 5,065 2,598 1,843 12 612 19.0% Total Non-attorneys 41,256 26,666 9,943 142 4,505 14.4% Others Appellate Judges 26 6 0 0 20 76.9% Jurors 10,214 4,940 460 22 4,792 49.1% Total Other 10,240 4,946 460 22 4,812 49.2% Total 57,073 33,558 10,926 188 12,401 26.9% 3 ## Page 91 Results: The results of the Survey are in two main sections: Attorney respondents and Non-attorney respondents. Within the Attorney and Non-attorney section are subsections of graphs displaying average grades for each section of the questionnaire and each question and tables showing the percentage distribution of grades. 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 county judges, and all trial judges for which 2008 surveys were conducted. Questions relating to bias toward the defense or prosecution, sentencing and retention recommendation are also graphed. Percentage Distribution of Grades: This section shows the percentage of each grade received on each question plus the bias, sentencing and retention questions. An average grade point for each graded question is computed and shown in the results section. A letter grade is also assigned to each grade point according to the following scale. A = 4.00 B = 3.00 to 3.33 C = 2.00 to 2.33 D = 1.00 to 1.33 A— = 3.67 to 3.99 B—= 2.67 to 2.99 C—= 1.67 to 1.99 D— = 0.67 to 0.99 B+ = 3.34 to 3.66 C+ = 2.34 to 2.66 D+ = 1.34 to 1.66 Fail = 0.00 to 0.66 This section also includes two comparative columns of results: one comparative column shows the results for that question for county judges surveyed in 2008, along with a second comparative column showing the results for all trial judges in the 2008 survey. Projectability: Most surveys seen by the public are surveys that are intended to be projectable, that is the results from the sample of people surveyed can be used to estimate a percentage or value of the population sampled with a known probability of error. For example, a pre-election poll of 500 likely Colorado voters is used to estimate the percentage of voters who will vote for Candidate A on election day, plus or minus some number of percentage points. The plus or minus amount is usually what is known as the 95%- confidence interval (the known probability of error), or what the media often refers to as the margin-of-error. The Colorado Judicial Performance Evaluation Survey is not projectable with a known probability of error because the results are calculated from a self- selecting sample that is self-selecting based on the content and subject matter of the survey. In other words, the potential respondent knows the purpose and content of the survey, and based on that, decides whether to respond to the survey. 4 ## Page 92 While projectability within a known probability of error is a highly desirable attribute of a survey, it is often not feasible to achieve. Commercial market research often uses nonprojectable (and small) samples—the most well known of which are for focus groups. Moreover, the federal courts have long accepted, and do not expect, projectable samples for market confusion surveys used in trademark litigation. In other words, one can still use the results of the Judicial Performance Evaluation Survey to estimate how everyone who has observed a judge in the courtroom would grade him or her, just not with a known probability of error. The Judicial Performance Evaluation Survey is a valuable means, perhaps the only practical means, for the Judicial Performance Commissions to have a summary of structured interviews with a number of people who have courtroom familiarity with the judge being evaluated, and who most often— albeit not always—are responding out of a desire to improve the performance of our state’s judicial system. 5 ## Page 93 Aleene Ortiz-White Responses by Type Total No Undeliverable/ Other Non- Coop Role Type Sent Response Not Applicable Responses Completes Rate Attorneys Criminal District Attorneys 18 4 0 0 14 77.8% Defense Attorneys 64 15 7 0 42 73.7% Other Attorneys Criminal 3 1 1 0 1 50.0% Total Attorneys 85 20 8 0 57 26.0% Non-attorneys Criminal Law Enforcement 270 214 19 0 37 14.7% Defendant 162 105 54 0 3 2.8% Witness 2 1 1 0 0 0.0% Other 69 46 21 0 2 4.2% Civil Litigant 13 8 5 0 0 0.0% Total Non-attorneys 516 374 100 0 42 89.9% Others Jurors 84 37 10 0 37 50.0% Total Others 84 37 10 0 37 50.0% Grand Total: 685 431 118 0 136 24.0% Judicial Performance Survey 2008 Page 1 ## Page 94 QQuueessttiioonnnnaaiirreess ## Page 95 Commission on Judicial Performance 10. And what would you say are Judge [Last Name]’s weaknesses? _ Attorney Questionnaire _ _ Evaluation of _ _ JUDGE [NAME] 11. Is there anything else that you would like to say about Judge [Last Name]? _ Using a grade scale, where an “A” is excellent along with B, C, D or F for fail, _ please grade the judge on the following. (If you feel that you don not have _ experience with the judge in a specific area, or just don’t know, please circle the _ number corresponding to “Don’t Know/Not Applicable”—DK/NS). _ DK 1. Case Management: A B C D F N/A 12. Keeping in mind your responses to each of the previous questions, how a. Promptly making rulings during trial. 4 3 2 1 0 9 strongly do you recommend that Judge [Last Name] be retained in office, or not retained in office? b. Beginning court on time. 4 3 2 1 0 9 c. Allotting appropriate amount of time for cases. 4 3 2 1 0 9 Strongly recommend he be retained in office. 5 Somewhat recommend he be retained in office . 4 d. Keeping cases moving according to schedule. 4 3 2 1 0 9 Undecided or don’t know enough to make recommendation . 3 e. [Civil only]1 Assisting parties to reach agreement. 4 3 2 1 0 9 Somewhat recommend he not be retained in office . 2 f. Maintaining appropriate control over proceedings. 4 3 2 1 0 9 Strongly recommend he not be retained in office . 1 g. Promptly ruling on pre-trial motions. 4 3 2 1 0 9 And why do you think that way about retaining or not retaining Judge [Last h. Promptly issuing a decision on the case after trial. 4 3 2 1 0 9 Name]? i. Setting reasonable schedules for cases. 4 3 2 1 0 9 _ DK _ 2. Application and Knowledge of Law: A B C D F N/A _ a. Basing decisions on evidence and arguments. 4 3 2 1 0 9 _ b. Giving reasons for rulings. 4 3 2 1 0 9 _ _ c. [Civil only]1 Issuing written findings of fact and law. 4 3 2 1 0 9 d. Willing to reconsider error in fact or law. 4 3 2 1 0 9 e. Having knowledge of relevant substantive law. 4 3 2 1 0 9 Thank you for your time in completing this questionnaire. f. Having knowledge of rules of procedure Please place it in the self-addressed, postage paid enveloped and evidence. 4 3 2 1 0 9 provided, and place it in the mail. Your participation in this g. Being able to identify and analyze relevant facts. 4 3 2 1 0 9 survey is very much appreciated. h. [Criminal only]2 Issuing consistent sentences when the circumstances are similar. 4 3 2 1 0 9 i. Willing to make decisions without regard to possible criticism. 4 3 2 1 0 9 j. Making decisions without fear of being appealed . 4 3 2 1 0 9 DK 1 Please answer questions 1e & 2c only if you have observed the judge in a civil case. 2 Please answer question 2h only if you have observed the judge in a criminal case. ## Page 96 3. Communications: A B C D F N/A 6. [Criminal cases only] 1 On the scale below, please indicate by circling the a. Speaking clearly. 4 3 2 1 0 9 appropriate number how biased you think Judge [Last Name] is toward b. Makings sure all participants understand the defense or the prosecution. If you feel Judge [Last Name] is the proceedings. 4 3 2 1 0 9 completely unbiased, circle “0.” c. Using understandable language. 4 3 2 1 0 9 Bias toward Completely Bias toward Defense Neutral Prosecution d. Providing written communications that are clear, thorough and well reasoned. 4 3 2 1 0 9 5 4 3 2 1 0 1 2 3 4 5 DK 7. [Criminal cases only]1 On the scale below, please indicate by circling the 4. Demeanor: A B C D F N/A appropriate number how lenient or how harsh you think the sentences a. Giving proceedings a sense of dignity. 4 3 2 1 0 9 generally handed down by Judge [Last Name] are. If you feel Judge [Last b. Treating everyone involved politely. 4 3 2 1 0 9 Name] generally hands down appropriate sentences, circle “0.” c. Having empathy with the parties involved. 4 3 2 1 0 9 Sentences Appropriate Sentences d. Treating participants with respect. 4 3 2 1 0 9 Too Light Sentences Too Harsh e. Presenting a neutral presence on the bench. 4 3 2 1 0 9 5 4 3 2 1 0 1 2 3 4 5 f. Being consistent in his/her behavior 4 3 2 1 0 9 g. Conducting his/her courtroom in a neutral manner. 4 3 2 1 0 9 Though your name will never be associated with your answers, because the judge will h. Giving all participants an opportunity to be heard. 4 3 2 1 0 9 see a typed transcript of the comments that you and others write, it is important that i. Consistently applying laws and rules. 4 3 2 1 0 9 you do not include information in the comments below that would unintentionally identify you as the author. j. Not engaging in ex parte communications 4 3 2 1 0 9 k. Treating pro se parties fairly. 4 3 2 1 0 9 8. If an associate were assigned to Judge [Last Name] in a case and asked you for advice, what would you say? DK ________________________________________________________ 5. Diligence: A B C D F N/A ________________________________________________________ a. Making tough decisions when necessary. 4 3 2 1 0 9 ________________________________________________________ b. Using good judgment in application of relevant ________________________________________________________ law and rules. 4 3 2 1 0 9 ________________________________________________________ c. Doing the necessary “homework” and being 9. What would you say are Judge [Last Name]’s strengths? prepared for his/her cases. 4 3 2 1 0 9 ___________________________________________________________ d. Being willing to handle cases on the docket even ___________________________________________________________ when they are complicated and time consuming. 4 3 2 1 0 9 ___________________________________________________________ e. Providing prompt access to the court ___________________________________________________________ in emergency matters. 4 3 2 1 0 9 ___________________________________________________________ [Continued on Back Page] {Question 3d is asked only regarding district judges.} 1 Please answer questions 6 & 7 only if you have observed the judge in a criminal case. ## Page 97 12. Keeping in mind your responses to each of the previous questions, how Commission on Judicial Performance strongly do you recommend that Judge [Last Name] be retained in office, or not retained in office? Strongly recommend he/she be retained in office ................................ 5 Evaluation of Somewhat recommend he/she be retained in office ............................ 4 JUDGE[NAME] Undecided or don’t know enough to make recommendation ............. 3 Somewhat recommend he/she not be retained in office ..................... 2 Strongly recommend he/she not be retained in office ......................... 1 Using a grade scale, where an “A” is excellent along with B, C, D or F for fail, please grade the judge on the following. (If you feel that you don’t have experience with the judge in a specific area, or just don’t know, please circle the And why do you think that way about retaining or not retaining Judge number corresponding to “Don’t Know/Not Applicable”—DK/NA). [Last Name]? _____________________________________________________________ DK _____________________________________________________________ 1. Demeanor: A B C D F N/A _____________________________________________________________ _____________________________________________________________ a. Giving court proceedings a sense of dignity. 4 3 2 1 0 9 _____________________________________________________________ b. Treating participants in the case politely _____________________________________________________________ and with respect. 4 3 2 1 0 9 c. Conducting his/her courtroom in a neutral manner. 4 3 2 1 0 9 d. Having a sense of compassion and human Thank you for you time in completing this questionnaire. Please understanding for those who appear place it in the self-addressed, postage paid enveloped provided, before him/her. 4 3 2 1 0 9 and place it in the mail. Your participation in this survey is very much appreciated. DK 2. Fairness: A B C D F N/A a. Giving participants an opportunity to be heard. 4 3 2 1 0 9 b. Treating those involved in the case without bias. 4 3 2 1 0 9 c. Treating fairly people who represent themselves. 4 3 2 1 0 9 d. Giving each side enough time to present his or her case. 4 3 2 1 0 9 DK 3. Communications: A B C D F N/A a. Makings sure participants understand the proceedings, and what’s going on in the courtroom. 4 3 2 1 0 9 b. Using language that everyone can understand. 4 3 2 1 0 9 c. Speaking clearly so everyone in the courtroom can hear what’s being said. 4 3 2 1 0 9 ## Page 98 DK Though your name will never be associated with your answers, because the judge will 4. Diligence: A B C D F N/A see a typed transcript of the comments that you and others write, it is important that a. Beginning court on time. 4 3 2 1 0 9 you do not include information in the comments below that would unintentionally identify you as the author. b. Maintaining appropriate control over proceedings. 4 3 2 1 0 9 8. If a friend of yours was scheduled to appear before Judge [Last Name] c. Setting reasonable schedules for cases. 4 3 2 1 0 9 as a party in either a civil or criminal case and asked you for advice, what d. Being prepared for his/her cases. 4 3 2 1 0 9 would you tell your friend about Judge [Last Name] ? e. Managing court proceedings so that there is _ little wasted time. 4 3 2 1 0 9 _ _ _ DK _ 5. Application of Law: A B C D F N/A _ a. Giving reasons for rulings. 4 3 2 1 0 9 b. Willing to make decision without regard to 9. What would you say are Judge [Last Name]’s strengths? possible outside pressure. 4 3 2 1 0 9 _ c. Being able to identify and analyze relevant facts. 4 3 2 1 0 9 _ _ _ _ 6. [If you were in [Last Name]’s courtroom during a criminal case or _ cases please answer this question, otherwise skip to the next question.] On the scale below, please indicate by circling the appropriate number how biased you think Judge [Last Name] is toward the defense or 10. And what would you say are Judge [Last Name]’s weaknesses? the prosecution. If you feel Judge [Last Name] is completely unbiased, _ circle “0.” _ _ Bias toward Completely Bias toward _ Defense Neutral Prosecution _ 5 4 3 2 1 0 1 2 3 4 5 _ 7. [If you were in [Last Name]’s courtroom during a criminal case or 11. Is there anything else that you would like to say about Judge cases please answer this question, otherwise skip to the next [Last Name] ? question.] On the scale below, please indicate by circling the appropriate _ number how lenient or how harsh you think the sentences generally handed _ down by [Last Name] are. If you feel Judge [Last Name] generally hands _ down appropriate sentences, circle “0.” _ Sentences Appropriate Sentences _ Too Light Sentences Too Harsh _ 5 4 3 2 1 0 1 2 3 4 5 Continued on Back Page
- 2004 cycle
- 2004 Retention Survey Report(PDF on OJPE)
Read full retention survey textexpand
## Page 1 State of Colorado Logo COMMISSION ON JUDICIAL PERFORMANCE 2004 Judicial Performance Survey TThhee HHoonnoorraabbllee AAlleeeennee OOrrttiizz--WWhhiittee ## Page 2 March 22, 2004 The Honorable Aleene Ortiz-White County Judge, 2nd Judicial District City & County Bldg. 1437 Bannock St., Room 108 Denver, Co. 80202 Dear Judge Ortiz-White: Every two years the Colorado Judicial Performance Commission conducts a survey of people who have been in the courtroom of judges who face a retention vote in the next general election. The 2004 survey was conducted by Talmey-Drake Research & Strategy, Inc., who attempted to contact over 35,000 people who had been in these courtrooms in one capacity or another. Over 10,000 people responded—3,683 to the attorney survey and 6,330 to the non-attorney survey. This report contains the results of those who were in your courtroom and who responded to the survey. In addition to this introduction, the report is divided into four main sections: · Attorney Results & Comments: This section contains graphs displaying the average grade you received overall (the combined average from questions 1a through 5e as required by the recent rule changes) , each section and each question. Following the graphs, are a series of tables showing the percentage distribution of responses to each question. Attorney respondents were also asked to comment about your performance. These comments have been transcribed, and in some instances redacted to eliminate respondent identifying information. A copy of the attorney questionnaire is at the back of this report. · Non-attorney Results & Comments: Similar to the Attorney section, this portion of the report contains graphs (again including the overall average of questions 1a through 5c on the non-attorney questionnaire), the percentage distribution of responses by non-attorneys to each substantive question in the survey. The non-attorney respondents were also asked to comment about your performance. Again, these comments have been transcribed, and in some instances redacted to eliminate respondent identifying information. A copy of the non-attorney questionnaire is also at the back of this report. · Methodology: The third section of the report discusses the methodology of the survey. · Questionnaires: And the final section provides copies of the questionnaires that were used. 100 Arap ahoe, Suite One, Boulder, CO 80302 Phone 303.443.5300 Fax 303.447.9386 ## Page 3 The Honorable Aleene Ortiz-White March 22, 2004 Page 2 If you have any questions about the methodology and how the survey was conducted, please feel free to contact me at 303-443-5300, and for any other questions you might have about the survey please call the Director of the Colorado Judicial Performance Program, Michelle Stermer, at 303-837-3665. Best regards, Paul A. Talmey President enc: ## Page 4 Judge Aleene Ortiz-White Attorney Survey Average Grades: Overall and by Section 3.6 Overall Average 3.4 3.3 3.7 Q1. Overall Case 3.4 Management 3.3 3.5 Q2. Overall App & 3.3 Knowldge of Law 3.2 3.9 Q3. Overall 3.6 Communications 3.5 3.7 Q4. Overall Demeanor 3.4 3.4 3.6 Q5. Overall Diligence 3.3 3.3 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Aleene Ortiz-White All County Judges All Trial Judges Judicial Performance Survey 2004 Page 1 ## Page 5 Judge Aleene Ortiz-White Attorney Survey Average Grades: Case Management 3.7 Q1. Overall Case Management 3.4 3.3 3.9 1a. Promptly making rulings 3.5 during trial 3.5 3.7 1b. Beginning court on time 3.3 3.4 3.5 1c. Allotting appropriate 3.3 amount of time for cases 3.3 3.8 1d. Keeping cases moving 3.4 according to schedule 3.3 3.3 1e. Assisting parties to reach 3.1 agreement 3 3.7 1f. Maintaining appropriate 3.5 control over proceedings 3.4 3.8 1g. Promptly ruling on pre-trial 3.3 motions 3.2 3.7 1h. Promptly issuing a 3.5 decision on the case after trial 3.4 3.5 1i. Setting reasonable 3.4 schedules for cases 3.3 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Aleene Ortiz-White All County Judges All Trial Judges Judicial Performance Survey 2004 Page 2 ## Page 6 Judge Aleene Ortiz-White Attorney Survey Average Grades: Application and Knowledge of Law 3.4 Q2. Overall App & Knowldge of 3.3 Law 3.2 3.6 2a. Basing decisions on 3.2 evidence and arguments 3.2 3.5 2b. Giving reasons for rulings 3.3 3.3 3.7 2c. Issuing written findings of 3 fact and law 3.1 3.4 2d. Willing to reconsider error 2.9 in fact or law 2.9 3.3 2e. Having knowledge of 3.2 relevant substantive law 3.2 3.3 2f. Having knowledge of rules 3.3 of procedure and evidence 3.3 3.4 2g. Being able to identify and 3.3 analyze relevant facts 3.3 2h. Issuing consistent 3.3 sentences when the 3.3 circumstances are similar 3.2 2i. Willing to make decision 3.6 without regard to possible 3.3 criticism 3.3 3.6 2j. Making decisions without 3.4 fear of being appealed 3.4 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Aleene Ortiz-White Average Grade All County Judges All Trial Judges Judicial Performance Survey 2004 Page 3 ## Page 7 Judge Aleene Ortiz-White Attorney Survey Average Grades: Communications 3.8 Q3. Overall Communications 3.6 3.6 3.9 3a. Speaking clearly 3.5 3.5 3.9 3b. Making sure all participants understand the 3.6 proceedings 3.6 3.7 3c. Using understandable 3.6 language 3.6 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Aleene Ortiz-White Average Grade All County Judges All Trial Judges Judicial Performance Survey 2004 Page 4 ## Page 8 Judge Aleene Ortiz-White Attorney Survey Average Grades: Demeanor 3.7 Q4. Overall Demeanor 3.4 3.4 3.8 4a. Giving proceedings a 3.5 sense of dignity 3.5 3.8 4b. Treating everyone 3.4 involved politely 3.4 3.8 4c. Having empathy with the 3.2 parties involved 3.2 3.8 4d. Treating participants with 3.4 respect 3.4 3.8 4e. Presenting a neutral 3.3 presence on the bench 3.3 3.6 4f. Being consistent in his/her 3.4 behavior 3.3 4g. Conducting his/her 3.7 courtroom in a neutral 3.3 manner 3.3 3.8 4h. Giving all participants an 3.5 opportunity to be heard 3.4 3.5 4i. Consistently applying laws 3.3 and rules 3.3 3.7 4j. Not engaging in ex parte 3.5 communications 3.6 3.8 4k. Treating pro se parties 3.4 fairly 3.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Aleene Ortiz-White Average Grade All County Judges All Trial Judges Judicial Performance Survey 2004 Page 5 ## Page 9 Judge Aleene Ortiz-White Attorney Survey Average Grades: Diligence 3.6 Q5. Overall Diligence 3.3 3.2 3.6 5a. Making tough decisions 3.3 when necessary 3.3 3.5 5b. Using good judgment in application of relevant law and 3.2 rules 3.2 3.4 5c. Doing the necessary "homework" and being 3.3 prepared for his/her cases 3.2 5d. Being willing to handle 3.7 cases on the docket even when they are 3.4 complicatedand time consuming 3.3 3.8 5e. Providing prompt access to the court in emergency 3.4 matters 3.3 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Aleene Ortiz-White All County Judges Average Grade All Trial Judges Judicial Performance Survey 2004 Page 6 ## Page 10 Judge Aleene Ortiz-White Attorney Survey Q6. Average: How biased do you think Judge Ortiz- White is toward the defense or prosecution? Aleene Ortiz- -0.1 White All County 0.8 Judges All Trial Judges 0.7 5 4 3 2 1 0 1 2 3 4 5 ç Defense Prosecution è Judicial Performance Survey 2004 Page 7 ## Page 11 Judge Aleene Ortiz-White Attorney Survey Q7. Average: How lenient or how harsh are Judge Ortiz-White's sentences? Aleene Ortiz- -0.3 White All County 0.5 Judges All Trial Judges 0.4 5 4 3 2 1 0 1 2 3 4 5 ç Lenient Harsh è Judicial Performance Survey 2004 Page 8 ## Page 12 Judge Aleene Ortiz-White Attorney Survey Retention Recommendation 100% 91% 91% 90% 80% 74% 73% 70% 69% 70% 60% 50% 40% 30% 20% 17% 16% 16% 15% 9% 9% 10% 6%6% 6%6% 5%5% 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 Ortiz-White Including Undecided Excluding Undecided All County Judges All Trial Judges Judicial Performance Survey 2004 Page 9 ## Page 13 Judge Aleene Ortiz-White Attorney Survey 1a. How would you grade Judge Ortiz-White on "Promptly making rulings during trial?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 83% 51% 51% B 8% 22% 24% C 6% 6% D 1% 1% Fail 1% 1% No Grade 8% 19% 17% Average 3.9 3.5 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 1 ## Page 14 Judge Aleene Ortiz-White Attorney Survey 1b. How would you grade Judge Ortiz-White on "Beginning court on time?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 67% 53% 54% B 33% 30% 29% C 10% 9% D 3% 3% Fail 1% 1% No Grade 3% 4% Average 3.7 3.3 3.4 Letter Grade A- B B+ Judicial Performance Survey 2004 Page 2 ## Page 15 Judge Aleene Ortiz-White Attorney Survey 1c. How would you grade Judge Ortiz-White on "Allotting appropriate amount of time for cases?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 58% 50% 49% B 25% 31% 30% C 8% 9% 10% D 3% 3% Fail 1% 1% No Grade 8% 6% 6% Average 3.5 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2004 Page 3 ## Page 16 Judge Aleene Ortiz-White Attorney Survey 1d. How would you grade Judge Ortiz-White on "Keeping cases moving according to schedule?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 67% 52% 50% B 17% 31% 30% C 9% 10% D 3% 4% Fail 1% 1% No Grade 17% 5% 5% Average 3.8 3.4 3.3 Letter Grade A- B+ B Judicial Performance Survey 2004 Page 4 ## Page 17 Judge Aleene Ortiz-White Attorney Survey 1e. How would you grade Judge Ortiz-White on "Assisting parties to reach agreement?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 22% 21% 25% B 16% 18% C 11% 8% 10% D 3% 4% Fail 2% 2% No Grade 67% 51% 41% Average 3.3 3.1 3 Letter Grade B B B Judicial Performance Survey 2004 Page 5 ## Page 18 Judge Aleene Ortiz-White Attorney Survey 1f. How would you grade Judge Ortiz-White on "Maintaining appropriate control over proceedings?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 64% 59% 58% B 27% 27% 27% C 8% 8% D 2% 2% Fail 1% 1% No Grade 9% 4% 3% Average 3.7 3.5 3.4 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 6 ## Page 19 Judge Aleene Ortiz-White Attorney Survey 1g. How would you grade Judge Ortiz-White on "Promptly ruling on pre-trial motions?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 75% 41% 39% B 17% 21% 24% C 8% 10% D 3% 4% Fail 1% 2% No Grade 8% 27% 21% Average 3.8 3.3 3.2 Letter Grade A- B B Judicial Performance Survey 2004 Page 7 ## Page 20 Judge Aleene Ortiz-White Attorney Survey 1h. How would you grade Judge Ortiz-White on "Promptly issuing a decision on the case after trial?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 67% 47% 44% B 25% 20% 21% C 6% 7% D 1% 2% Fail 1% 2% No Grade 8% 25% 24% Average 3.7 3.5 3.4 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 8 ## Page 21 Judge Aleene Ortiz-White Attorney Survey 1i. How would you grade Judge Ortiz-White on "Setting reasonable schedules for cases?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 50% 50% 47% B 33% 29% 30% C 8% 9% 10% D 2% 3% Fail 1% 2% No Grade 8% 9% 8% Average 3.5 3.4 3.3 Letter Grade B+ B+ B Judicial Performance Survey 2004 Page 9 ## Page 22 Judge Aleene Ortiz-White Attorney Survey 2a. How would you grade Judge Ortiz-White on "Basing decisions on evidence and arguments?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 67% 49% 49% B 25% 27% 27% C 8% 11% 10% D 5% 5% Fail 2% 3% No Grade 6% 6% Average 3.6 3.2 3.2 Letter Grade B+ B B Judicial Performance Survey 2004 Page 10 ## Page 23 Judge Aleene Ortiz-White Attorney Survey 2b. How would you grade Judge Ortiz-White on "Giving reasons for rulings?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 67% 51% 51% B 17% 27% 27% C 17% 10% 10% D 4% 5% Fail 1% 2% No Grade 6% 5% Average 3.5 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2004 Page 11 ## Page 24 Judge Aleene Ortiz-White Attorney Survey 2c. How would you grade Judge Ortiz-White on "Issuing written findings of fact and law?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 22% 19% 27% B 11% 11% 17% C 8% 9% D 3% 3% Fail 2% 2% No Grade 67% 57% 42% Average 3.7 3 3.1 Letter Grade A- B B Judicial Performance Survey 2004 Page 12 ## Page 25 Judge Aleene Ortiz-White Attorney Survey 2d. How would you grade Judge Ortiz-White on "Willing to reconsider error in fact or law?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 42% 27% 26% B 33% 19% 20% C 8% 11% 11% D 5% 5% Fail 3% 4% No Grade 17% 35% 34% Average 3.4 2.9 2.9 Letter Grade B+ B- B- Judicial Performance Survey 2004 Page 13 ## Page 26 Judge Aleene Ortiz-White Attorney Survey 2e. How would you grade Judge Ortiz-White on "Having knowledge of relevant substantive law?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 42% 47% 46% B 50% 30% 31% C 8% 11% 11% D 4% 4% Fail 2% 2% No Grade 6% 5% Average 3.3 3.2 3.2 Letter Grade B B B Judicial Performance Survey 2004 Page 14 ## Page 27 Judge Aleene Ortiz-White Attorney Survey 2f. How would you grade Judge Ortiz-White on "Having knowledge of rules of procedure and evidence?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 42% 52% 52% B 50% 28% 29% C 8% 9% 9% D 3% 3% Fail 1% 1% No Grade 5% 5% Average 3.3 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2004 Page 15 ## Page 28 Judge Aleene Ortiz-White Attorney Survey 2g. How would you grade Judge Ortiz-White on "Being able to identify and analyze relevant facts?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 50% 51% 51% B 42% 28% 28% C 8% 9% 10% D 4% 4% Fail 2% 2% No Grade 6% 5% Average 3.4 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2004 Page 16 ## Page 29 Judge Aleene Ortiz-White Attorney Survey 2h. How would you grade Judge Ortiz-White on "Issuing consistent sentences when the circumstances are similar?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 42% 38% 27% B 50% 23% 17% C 8% 7% 6% D 2% 2% Fail 2% 2% No Grade 28% 46% Average 3.3 3.3 3.2 Letter Grade B B B Judicial Performance Survey 2004 Page 17 ## Page 30 Judge Aleene Ortiz-White Attorney Survey 2i. How would you grade Judge Ortiz-White on "Willing to make decision without regard to possible criticism?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 58% 47% 47% B 42% 23% 23% C 9% 8% D 3% 3% Fail 3% 2% No Grade 15% 17% Average 3.6 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2004 Page 18 ## Page 31 Judge Aleene Ortiz-White Attorney Survey 2j. How would you grade Judge Ortiz-White on "Making decisions without fear of being appealed?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 58% 49% 48% B 42% 23% 22% C 7% 7% D 3% 3% Fail 2% 2% No Grade 17% 18% Average 3.6 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2004 Page 19 ## Page 32 Judge Aleene Ortiz-White Attorney Survey 3a. How would you grade Judge Ortiz-White on "Speaking clearly?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 83% 70% 67% B 17% 21% 23% C 6% 6% D 1% 1% Fail 0% 1% No Grade 2% 2% Average 3.8 3.6 3.6 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 20 ## Page 33 Judge Aleene Ortiz-White Attorney Survey 3b. How would you grade Judge Ortiz-White on "Making sure all participants understand the proceedings?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 92% 66% 64% B 8% 21% 23% C 7% 7% D 2% 2% Fail 1% 1% No Grade 3% 3% Average 3.9 3.5 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 21 ## Page 34 Judge Aleene Ortiz-White Attorney Survey 3c. How would you grade Judge Ortiz-White on "Using understandable language?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 92% 69% 67% B 8% 21% 24% C 6% 6% D 1% 1% Fail 0% 0% No Grade 2% 2% Average 3.9 3.6 3.6 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 22 ## Page 35 Judge Aleene Ortiz-White Attorney Survey 4a. How would you grade Judge Ortiz-White on "Giving proceedings a sense of dignity?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 83% 64% 63% B 17% 24% 23% C 7% 7% D 2% 3% Fail 2% 2% No Grade 2% 2% Average 3.8 3.5 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 23 ## Page 36 Judge Aleene Ortiz-White Attorney Survey 4b. How would you grade Judge Ortiz-White on "Treating everyone involved politely?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 83% 61% 63% B 17% 20% 20% C 9% 8% D 4% 4% Fail 3% 4% No Grade 2% 2% Average 3.8 3.4 3.4 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 24 ## Page 37 Judge Aleene Ortiz-White Attorney Survey 4c. How would you grade Judge Ortiz-White on "Having empathy with the parties involved?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 75% 51% 51% B 25% 24% 24% C 11% 11% D 5% 5% Fail 4% 3% No Grade 5% 6% Average 3.8 3.2 3.2 Letter Grade A- B B Judicial Performance Survey 2004 Page 25 ## Page 38 Judge Aleene Ortiz-White Attorney Survey 4d. How would you grade Judge Ortiz-White on "Treating participants with respect?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 75% 62% 62% B 25% 21% 21% C 8% 8% D 4% 4% Fail 3% 3% No Grade 2% 2% Average 3.8 3.4 3.4 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 26 ## Page 39 Judge Aleene Ortiz-White Attorney Survey 4e. How would you grade Judge Ortiz-White on "Presenting a neutral presence on the bench?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 75% 57% 58% B 25% 23% 23% C 9% 9% D 5% 4% Fail 4% 3% No Grade 2% 3% Average 3.8 3.3 3.3 Letter Grade A- B B Judicial Performance Survey 2004 Page 27 ## Page 40 Judge Aleene Ortiz-White Attorney Survey 4f. How would you grade Judge Ortiz-White on "Being consistent in his/her behavior?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 67% 58% 58% B 25% 22% 23% C 8% 9% 9% D 3% 3% Fail 3% 3% No Grade 4% 4% Average 3.6 3.4 3.3 Letter Grade B+ B+ B Judicial Performance Survey 2004 Page 28 ## Page 41 Judge Aleene Ortiz-White Attorney Survey 4g. How would you grade Judge Ortiz-White on "Conducting his/her courtroom in a neutral manner?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 67% 57% 59% B 33% 23% 23% C 9% 9% D 5% 4% Fail 3% 3% No Grade 3% 3% Average 3.7 3.3 3.3 Letter Grade A- B B Judicial Performance Survey 2004 Page 29 ## Page 42 Judge Aleene Ortiz-White Attorney Survey 4h. How would you grade Judge Ortiz-White on "Giving all participants an opportunity to be heard?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 83% 61% 62% B 17% 24% 23% C 8% 7% D 2% 3% Fail 2% 2% No Grade 3% 3% Average 3.8 3.5 3.4 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 30 ## Page 43 Judge Aleene Ortiz-White Attorney Survey 4i. How would you grade Judge Ortiz-White on "Consistently applying laws and rules?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 58% 54% 53% B 33% 24% 24% C 8% 10% 10% D 4% 4% Fail 2% 3% No Grade 6% 6% Average 3.5 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2004 Page 31 ## Page 44 Judge Aleene Ortiz-White Attorney Survey 4j. How would you grade Judge Ortiz-White on "Not engaging in ex parte communications?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 67% 55% 56% B 8% 19% 17% C 8% 4% 4% D 2% 1% Fail 1% 1% No Grade 17% 20% 20% Average 3.7 3.5 3.6 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 32 ## Page 45 Judge Aleene Ortiz-White Attorney Survey 4k. How would you grade Judge Ortiz-White on "Treating pro se parties fairly?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 83% 51% 45% B 17% 18% 15% C 5% 4% D 2% 1% Fail 3% 2% No Grade 22% 33% Average 3.8 3.4 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 33 ## Page 46 Judge Aleene Ortiz-White Attorney Survey 5a. How would you grade Judge Ortiz-White on "Making tough decisions when necessary?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 58% 45% 47% B 42% 26% 25% C 9% 10% D 3% 3% Fail 1% 2% No Grade 15% 14% Average 3.6 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2004 Page 34 ## Page 47 Judge Aleene Ortiz-White Attorney Survey 5b. How would you grade Judge Ortiz-White on "Using good judgment in application of relevant law and rules?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 58% 48% 48% B 33% 28% 28% C 8% 11% 11% D 5% 5% Fail 3% 3% No Grade 6% 5% Average 3.5 3.2 3.2 Letter Grade B+ B B Judicial Performance Survey 2004 Page 35 ## Page 48 Judge Aleene Ortiz-White Attorney Survey 5c. How would you grade Judge Ortiz-White on "Doing the necessary "homework" and being prepared for his/her cases?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 50% 47% 47% B 42% 27% 27% C 8% 10% 11% D 4% 4% Fail 2% 3% No Grade 11% 9% Average 3.4 3.3 3.2 Letter Grade B+ B B Judicial Performance Survey 2004 Page 36 ## Page 49 Judge Aleene Ortiz-White Attorney Survey 5d. How would you grade Judge Ortiz-White on "Being willing to handle cases on the docket even when they are complicatedand time consuming?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 67% 48% 47% B 33% 22% 22% C 8% 8% D 3% 3% Fail 2% 2% No Grade 17% 17% Average 3.7 3.4 3.3 Letter Grade A- B+ B Judicial Performance Survey 2004 Page 37 ## Page 50 Judge Aleene Ortiz-White Attorney Survey 5e. How would you grade Judge Ortiz-White on "Providing prompt access to the court in emergency matters?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 58% 38% 37% B 17% 16% 16% C 5% 6% D 2% 2% Fail 2% 2% No Grade 25% 37% 37% Average 3.8 3.4 3.3 Letter Grade A- B+ B Judicial Performance Survey 2004 Page 38 ## Page 51 Judge Aleene Ortiz-White Attorney Survey 6. How biased do you think Judge Ortiz-White is towards the defense or the prosecution? Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 5 4% 3% 4 3% 3% 3 6% 6% 2 13% 12% 1 18% 18% 16% 73% 49% 49% -1 4% 4% -2 2% 2% -3 9% 1% 1% -4 1% 1% -5 0% 1% Average -0.1 0.8 0.7 noitucesorP drawoT esnefeD drawoT Ý 0 Neutral ß Judicial Performance Survey 2004 Page 39 ## Page 52 Judge Aleene Ortiz-White Attorney Survey 7. How lenient or harsh do you think the sentences handed down by Judge Ortiz-White are? Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 5 3% 2% 4 3% 2% 3 5% 5% 2 9% 9% 1 9% 13% 12% 73% 59% 58% -1 9% 4% 5% -2 2% 2% -3 9% 2% 2% -4 0% 1% -5 0% 1% Average -0.3 0.5 0.4 hsraH thgiL Ý 0 Appropriate ß Judicial Performance Survey 2004 Page 40 ## Page 53 Judge Aleene Ortiz-White Attorney Survey 12. Do you recommend that Judge Ortiz-White be retained in office or not be retained in office? Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 Strongly Recommend 91% 73% 74% Retain in office Somewhat Recommend 9% 17% 16% Retain in office Somewhat Recommend Not 4% 4% Retain in office Strongly Recommend Not Retain in office 6% 6% Judicial Performance Survey 2004 Page 41 ## Page 54 Judge Aleene Ortiz-White Non Attorney Survey Average Grades: Overall and by Section 3.0 Overall Average 3.3 3.3 3.1 Q1. Overall Demeanor 3.3 3.3 3.0 Q2. Overall Fairness 3.3 3.3 3.3 Q3. Overall 3.5 Communications 3.5 3.0 Q4. Overall Diligence 3.3 3.3 2.9 Q5. Overall Application 3.2 of Law 3.2 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Aleene Ortiz-White All County Judges All Trial Judges Judicial Performance Survey 2004 Page 1 ## Page 55 Judge Aleene Ortiz-White Non Attorney Survey Average Grades: Demeanor 3.1 Q1. Overall Demeanor 3.2 3.3 2.9 1a. Giving proceedings a 3.3 sense of dignity 3.4 3.2 1b. Treating participants 3.3 politely and with respect 3.4 3 1c. Conducting his/her courtroom in a neutral 3.2 manner 3.3 3.2 1d. Having a sense of compassion and human 3.1 understanding 3.2 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Aleene Ortiz-White Average Grade All County Judges All Trial Judges Judicial Performance Survey 2004 Page 2 ## Page 56 Judge Aleene Ortiz-White Non Attorney Survey Average Grades: Fairness 3 Q2. Overall Fairness 3.3 3.3 3 2a. Giving participants an 3.3 opportunity to be heard 3.4 3 2b. Treating those involved 3.2 with the case without bias 3.2 3.1 2c. Treating fairly people who 3.2 represent themselves 3.3 2.8 2d. Giving each side enough time to present his or her 3.3 case 3.4 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Aleene Ortiz-White All County Judges All Trial Judges Judicial Performance Survey 2004 Page 3 ## Page 57 Judge Aleene Ortiz-White Non Attorney Survey Average Grades: Communications 3.3 Q3. Overall Communications 3.4 3.5 3.3 3a. Making sure all participants understand the 3.4 proceedings 3.4 3.2 3b. Using language that 3.4 everyone can understand 3.5 3.5 3c. Speaking clearly so 3.5 everyone can hear 3.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Aleene Ortiz-White Average Grade All County Judges All Trial Judges Judicial Performance Survey 2004 Page 4 ## Page 58 Judge Aleene Ortiz-White Non Attorney Survey Average Grades: Diligence 3 Q4. Overall Diligence 3.3 3.3 2.8 4a. Beginning court on time 3.2 3.2 3.3 4b. Maintaining appropriate 3.5 control over proceedings 3.5 2.9 4c. Setting reasonable 3.3 schedules for cases 3.3 3 4d. Being prepared for his or 3.3 her cases 3.4 3 4e. Managing court proceedings so that there is 3.3 little wasted time 3.3 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Aleene Ortiz-White All County Judges Average Grade All Trial Judges Judicial Performance Survey 2004 Page 5 ## Page 59 Judge Aleene Ortiz-White Non Attorney Survey Average Grades: Application and Knowledge of Law 2.9 Q5. Overall App of Law 3.2 3.2 2.7 5a. Giving reasons for rulings 3.2 3.2 3 5b. Willing to make decision without regard to possible 3.2 outside pressure 3.2 3 5c. Being able to identify and 3.2 analyze relevant facts 3.2 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Aleene Ortiz-White Average Grade All County Judges All Trial Judges Judicial Performance Survey 2004 Page 6 ## Page 60 Judge Aleene Ortiz-White Non Attorney Survey Q6. Average: How biased do you think Judge Ortiz- White is toward the defense or prosecution? Aleene Ortiz- 0.7 White All County 0.2 Judges All Trial Judges 0.1 5 4 3 2 1 0 1 2 3 4 5 ç Defense Prosecution è Judicial Performance Survey 2004 Page 7 ## Page 61 Judge Aleene Ortiz-White Non Attorney Survey Q7. Average: How lenient or how harsh are Judge Ortiz-White's sentences? Aleene Ortiz- 0.8 White All County 0 Judges All Trial Judges -0.1 5 4 3 2 1 0 1 2 3 4 5 ç Lenient Harsh è Judicial Performance Survey 2004 Page 8 ## Page 62 Judge Aleene Ortiz-White Non Attorney Survey Retention Recommendation 90% 80% 77% 74% 72% 71% 70% 67% 65% 60% 50% 40% 30% 20% 14% 13% 11%11% 11%11% 10%10% 10% 10%10% 9% 10% 8% 6% 5% 5% 5% 5% 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 Ortiz-White Including Undecided Excluding Undecided All County Judges All Trial Judges Judicial Performance Survey 2004 Page 9 ## Page 63 Judge Aleene Ortiz-White Non Attorney Survey 1a. How would you grade Judge Ortiz-White on "Giving proceedings a sense of dignity?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 42% 58% 60% B 31% 23% 23% C 4% 9% 8% D 12% 4% 3% Fail 8% 3% 3% No Grade 4% 3% 3% Average 2.9 3.3 3.4 Letter Grade B- B B+ Judicial Performance Survey 2004 Page 1 ## Page 64 Judge Aleene Ortiz-White Non Attorney Survey 1b. How would you grade Judge Ortiz-White on "Treating participants politely and with respect?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 56% 61% 63% B 28% 19% 19% C 9% 8% D 5% 4% Fail 12% 4% 4% No Grade 4% 3% 2% Average 3.2 3.3 3.4 Letter Grade B B B+ Judicial Performance Survey 2004 Page 2 ## Page 65 Judge Aleene Ortiz-White Non Attorney Survey 1c. How would you grade Judge Ortiz-White on "Conducting his/her courtroom in a neutral manner?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 54% 59% 61% B 15% 19% 18% C 15% 9% 8% D 5% 4% Fail 12% 5% 5% No Grade 4% 3% 3% Average 3.0 3.2 3.3 Letter Grade B B B Judicial Performance Survey 2004 Page 3 ## Page 66 Judge Aleene Ortiz-White Non Attorney Survey 1d. How would you grade Judge Ortiz-White on "Having a sense of compassion and human understanding for those who appear before the Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 62% 54% 56% B 12% 20% 20% C 12% 10% 9% D 5% 4% Fail 12% 7% 6% No Grade 4% 4% 4% Average 3.2 3.1 3.2 Letter Grade B B B Judicial Performance Survey 2004 Page 4 ## Page 67 Judge Aleene Ortiz-White Non Attorney Survey 2a. How would you grade Judge Ortiz-White on "Giving participants an opportunity to be heard?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 50% 60% 62% B 27% 21% 20% C 7% 7% D 8% 4% 4% Fail 12% 5% 4% No Grade 4% 4% 3% Average 3.0 3.3 3.4 Letter Grade B B B+ Judicial Performance Survey 2004 Page 5 ## Page 68 Judge Aleene Ortiz-White Non Attorney Survey 2b. How would you grade Judge Ortiz-White on "Treating those involved in the case without bias?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 50% 58% 60% B 19% 19% 18% C 8% 7% 7% D 4% 5% 4% Fail 12% 7% 7% No Grade 8% 4% 4% Average 3.0 3.2 3.2 Letter Grade B B B Judicial Performance Survey 2004 Page 6 ## Page 69 Judge Aleene Ortiz-White Non Attorney Survey 2c. How would you grade Judge Ortiz-White on "Treating fairly people who represent themselves?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 46% 47% 45% B 4% 15% 14% C 15% 6% 5% D 4% 3% Fail 8% 6% 5% No Grade 27% 23% 29% Average 3.1 3.2 3.3 Letter Grade B B B Judicial Performance Survey 2004 Page 7 ## Page 70 Judge Aleene Ortiz-White Non Attorney Survey 2d. How would you grade Judge Ortiz-White on "Giving each side enough time to present his or her case?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 38% 57% 59% B 23% 20% 19% C 4% 8% 7% D 4% 3% 3% Fail 15% 4% 4% No Grade 15% 8% 7% Average 2.8 3.3 3.4 Letter Grade B- B B+ Judicial Performance Survey 2004 Page 8 ## Page 71 Judge Aleene Ortiz-White Non Attorney Survey 3a. How would you grade Judge Ortiz-White on "Making sure all participants understand the proceedings, and what's going on in the Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 58% 63% 64% B 23% 20% 19% C 4% 8% 8% D 12% 4% 3% Fail 3% 3% No Grade 4% 3% 3% Average 3.3 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2004 Page 9 ## Page 72 Judge Aleene Ortiz-White Non Attorney Survey 3b. How would you grade Judge Ortiz-White on "Using language that everyone can understand?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 54% 63% 64% B 23% 21% 21% C 12% 8% 8% D 4% 3% 3% Fail 4% 2% 2% No Grade 4% 3% 3% Average 3.2 3.4 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2004 Page 10 ## Page 73 Judge Aleene Ortiz-White Non Attorney Survey 3c. How would you grade Judge Ortiz-White on "Speaking clearly so everyone in the courtroom can hear what's being said?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 64% 66% 66% B 16% 20% 20% C 12% 7% 7% D 4% 2% 2% Fail 2% 2% No Grade 4% 3% 3% Average 3.5 3.5 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2004 Page 11 ## Page 74 Judge Aleene Ortiz-White Non Attorney Survey 4a. How would you grade Judge Ortiz-White on "Beginning court on time?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 35% 50% 52% B 31% 25% 25% C 8% 11% 10% D 4% 4% 4% Fail 12% 5% 4% No Grade 12% 5% 5% Average 2.8 3.2 3.2 Letter Grade B- B B Judicial Performance Survey 2004 Page 12 ## Page 75 Judge Aleene Ortiz-White Non Attorney Survey 4b. How would you grade Judge Ortiz-White on "Maintaining appropriate control over proceedings?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 50% 63% 64% B 27% 22% 21% C 4% 7% 7% D 12% 3% 3% Fail 2% 2% No Grade 8% 3% 3% Average 3.3 3.5 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2004 Page 13 ## Page 76 Judge Aleene Ortiz-White Non Attorney Survey 4c. How would you grade Judge Ortiz-White on "Setting reasonable schedules for cases?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 35% 48% 51% B 19% 23% 21% C 4% 8% 8% D 8% 3% 3% Fail 8% 3% 3% No Grade 27% 15% 14% Average 2.9 3.3 3.3 Letter Grade B- B B Judicial Performance Survey 2004 Page 14 ## Page 77 Judge Aleene Ortiz-White Non Attorney Survey 4d. How would you grade Judge Ortiz-White on "Being prepared for his or her cases?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 50% 56% 58% B 12% 21% 19% C 15% 8% 7% D 8% 3% 3% Fail 8% 3% 4% No Grade 8% 9% 9% Average 3.0 3.3 3.4 Letter Grade B B B+ Judicial Performance Survey 2004 Page 15 ## Page 78 Judge Aleene Ortiz-White Non Attorney Survey 4e. How would you grade Judge Ortiz-White on "Managing court proceedings so that there is little wasted time?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 42% 53% 54% B 35% 25% 24% C 4% 10% 10% D 8% 4% 4% Fail 8% 4% 4% No Grade 4% 5% 5% Average 3.0 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2004 Page 16 ## Page 79 Judge Aleene Ortiz-White Non Attorney Survey 5a. How would you grade Judge Ortiz-White on "Giving reasons for rulings?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 35% 52% 54% B 19% 20% 20% C 19% 9% 8% D 4% 4% 4% Fail 12% 6% 5% No Grade 12% 9% 9% Average 2.7 3.2 3.2 Letter Grade B- B B Judicial Performance Survey 2004 Page 17 ## Page 80 Judge Aleene Ortiz-White Non Attorney Survey 5b. How would you grade Judge Ortiz-White on "Willing to make decision without regard to possible outside pressure?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 38% 48% 50% B 19% 17% 16% C 12% 7% 7% D 4% 4% 3% Fail 8% 6% 6% No Grade 19% 18% 18% Average 3.0 3.2 3.2 Letter Grade B B B Judicial Performance Survey 2004 Page 18 ## Page 81 Judge Aleene Ortiz-White Non Attorney Survey 5c. How would you grade Judge Ortiz-White on "Being able to identify and analyze relevant facts?" Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 A 44% 53% 55% B 28% 19% 18% C 4% 8% 7% D 4% 4% 4% Fail 12% 6% 6% No Grade 8% 9% 9% Average 3.0 3.2 3.2 Letter Grade B B B Judicial Performance Survey 2004 Page 19 ## Page 82 Judge Aleene Ortiz-White Non Attorney Survey 6. How biased do you think Judge Ortiz-White is towards the defense or the prosecution? Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 5 16% 4% 3% 4 3% 2% 3 2% 2% 2 3% 3% 1 11% 6% 6% 68% 68% 70% -1 4% 4% -2 3% 3% -3 5% 3% 2% -4 1% 2% -5 2% 2% Average 0.7 0.2 0.1 noitucesorP drawoT esnefeD drawoT Ý 0 Neutral ß Judicial Performance Survey 2004 Page 20 ## Page 83 Judge Aleene Ortiz-White Non Attorney Survey 7. How lenient or harsh do you think the sentences handed down by Judge Ortiz-White are? Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 5 11% 5% 4% 4 11% 3% 2% 3 3% 3% 2 6% 3% 3% 1 6% 4% 4% 50% 60% 62% -1 6% 6% 7% -2 6% 6% 6% -3 5% 5% -4 6% 2% 2% -5 3% 2% Average 0.8 0.0 -0.1 hsraH thgiL Ý 0 Appropriate ß Judicial Performance Survey 2004 Page 21 ## Page 84 Judge Aleene Ortiz-White Non Attorney Survey 12. Do you recommend that Judge Ortiz-White be retained in office or not be retained in office? Judge All County All Trial Ortiz-White Judges 2004 Judges 2004 Strongly Recommend 77% 72% 74% Retain in office Somewhat Recommend 5% 11% 11% Retain in office Somewhat Recommend Not 5% 6% 5% Retain in office Strongly Recommend Not Retain in office 14% 11% 11% Judicial Performance Survey 2004 Page 22 ## Page 85 MMeetthhooddoollooggyy Sample: The Colorado Judicial Department provided Talmey-Drake Research & Strategy, Inc. with all the names and addresses of people from its ICON data base who in the previous 12 months had likely been in each judge’s courtroom who was up for retention in November 2004. These names and addresses where then supplemented from the Colorado District Attorney’s database (Blackstone system) and the databases of jurors, court employees and sheriff’s security. The data was then combined and cleaned. Where there were more than 400 potential respondents, a random sample was drawn. Included in the data cleaning was the identification of potential respondents in the sample who had appeared in more than two judges’ courtrooms. Due to concerns about respondent fatigue, no more than two questionnaires were intended to be sent to any one respondent—though there were a few instances where one respondent did receive more than two questionnaires. Where a person had been in more than two judges’ courtrooms, the selection criteria for which judges he or she would be sent questionnaires was generally: first, for the judge in whose courtroom the potential respondent had been in most often, and two, the judge with the smallest sample of the judges in whose courtroom the potential respondent had been in. Survey: Starting in November 2004, each person in the sample database was mailed an initial questionnaire and an introductory letter with a postage-paid return envelope. Those who did not respond to the first questionnaire were then sent a sent a second questionnaire and letter, and in some cases reminder postcards. During this process, the sample was augmented for judges with a particularly low number of completed questionnaires. Questionnaire: The questionnaire used in the 2004 Judicial Performance Survey asked respondents to use a grade of A, B, C, D, or F (Fail) to assess the judge’s performance in five different areas. For attorney these areas were Case Management, Application and Knowledge of Law, Communications, Demeanor and Diligence, and for non-attorney respondents the five were Demeanor, Fairness, Communications, Diligence and Application of Law. These scores were then converted to a numerical value where A = 4, B = 3, C = 2, D = 1 and Fail = 0. Copies of the questionnaires are included at the end of this report. Response: The response rate is calculated as the number of completed questionnaires divided by the number of eligible respondents who actually received a questionnaire. The following table shows the total number of questionnaires mailed, completed, non-responses & refusals, undeliverables and other responses. The table presents the overall response rate as well as the response rate by the different types of respondents. 1 ## Page 86 Refused/ Nonre- Unde- Response Attorney Respondents Total Sent Completed sponse livered Other Rate District Attorney 719 394 7 69 9 60.6% Attorney For Defendant 2,219 1,040 17 218 24 52.0% Guardian ad Litem 131 79 0 10 1 65.3% Unknown Attorney Type 5,378 2,170 56 751 88 46.9% Attorney Total 8,447 3,683 80 1,048 122 49.8% Refused/ Nonre- Unde- Response Non-Attny Respondents Total Sent Completed sponse livered Other Rate Law Enforcement 3,111 916 55 672 3 37.6% Employee 1,739 976 18 224 0 64.4% Defendant 12,171 1,620 148 2,439 27 16.6% Plaintiff 3,617 881 66 500 11 28.3% Juror 4,488 1,632 117 511 15 41.0% Victim 552 83 11 101 2 18.4% Other 1,650 222 25 373 8 17.4% Non-attorney Total 27,328 6,330 440 4,820 66 28.1% Total 35,775 10,013 520 5,868 188 33.5% A similar table showing the response count and cooperation rate for your survey is provided at the end of this methodology section. Results: The results of the Survey are in two main sections: Attorney Respondents and Non-attorney Respondents. Within each main section are three subsections: graphs displaying average grades for each section and question, the percentage distribution of grades, and respondent comments. Graphs: The graphs visually display the overall average numerical grades received for all grade questions, each section and each question compared to averages for all district or county judges, and all trial judges for which 2004 surveys were conducted. Questions relating to bias toward the defense or prosecution, sentencing and retention recommendation are also graphed. 2 ## Page 87 Percentage Distribution of Grades: This section shows the percentage of each grade received on each question plus the bias, sentencing and retention questions. An average grade point for each graded question is computed and shown in the results section. A letter grade is also assigned to each grade point according to the following scale. A = 4.00 B = 3.00 to 3.33 C = 2.00 to 2.33 D = 1.00 to 1.33 A— = 3.68 to 3.99 B— = 2.67 to 2.99 C— = 1.67 to 1.99 D— = 0.67 to 0.99 B+ = 3.34 to 3.66 C+ = 2.34 to 2.66 D+ = 1.34 to 1.66 Fail = 0.00 to 0.67 This section also includes two comparative columns of results: one comparative column shows the results for that question for all county or district judges (as appropriate) surveyed in 2004, along with a second comparative column showing the results for all trial judges in the 2004 survey. Comments: Each respondent was encouraged to comment on the judge’s performance. This section contains those comments. Sampling All sample surveys are subject to what is known as sampling error—the Error: extent to which the results of the sample survey may differ from what would be obtained if the entire population being surveyed had been interviewed. The size of the sampling error is almost entirely due to the number of people interviewed for the survey and the variance of responses. The table below shows the extent of sampling error (95%-confidence interval) for various sizes of random samples and sample percentage results. Sample Size 25 50 100 150 200 300 Percentages near 10% or 90% ± 11.8% ± 8.3% ± 5.9% ± 4.8% ± 4.2% ± 3.4% Percentages near 20% or 80% ± 15.7% ± 11.1% ± 7.8% ± 6.4% ± 5.5% ± 4.5% Percentages near 30% or 70% ± 18.0% ± 12.7% ± 9.0% ± 7.3% ± 6.4% ± 5.2% Percentages near 40% or 60% ± 19.2% ± 13.6% ± 9.6% ± 7.8% ± 6.8% ± 5.5% Percentages near 50% ± 19.6% ± 13.9% ± 9.8% ± 8.0% ± 6.9% ± 5.7% For example, suppose a reported percentage is 80% in a sample size of 150, then one could expect that 95% of the time that a random sample of the same size and collected the same way would include the true population percentage within the range of 80% plus or minus 6.4%. Averages such as grade points also have a 95% confidence interval, however it is not so easily displayed in a table as confidence intervals about a percentage. Suffice it to say that the confidence interval about a score generally increases with smaller sample size. 3 ## Page 88 Judge Aleene Ortiz-White Responses by Type Total Other Non- Coop Role Type Sent Completes Refusals Undeliverable Responses Rate District Attorney 9 5 0 1 0 62.5% Attorney For Defendant 1 0 0 0 0 0.0% Guardian ad Litem Unknown Attorney Type 18 7 0 2 0 43.8% Sub Total: 28 12 0 3 0 48.0% Defendant 251 8 1 84 0 4.8% Plaintiff 16 0 1 5 0 0.0% Law Enforcement 5 2 0 0 0 40.0% Employee 16 9 0 2 0 64.3% Juror 33 4 1 8 0 16.0% Victim 1 0 1 0 0 0.0% Other 4 3 0 0 0 75.0% Sub Total: 326 26 4 99 0 11.5% Grand Total: 354 38 4 102 0 15.1% Judicial Performance Survey 2004 Page 1 ## Page 89 Commission on Judicial Performance 2003 Judicial Performance Attorney Questionnaire Evaluation of JUDGE _ Using a grade scale, where an “A” is excellent along with B, C, D or F for fail, please grade the judge on the following. (If you feel that you do not have experience with the judge in a specific area, or just don’t know, please circle the number corresponding to “Don’t Know/Not Applicable”—DK/NA). DK/ 1. Case Management: A B C D F NA a. Promptly making rulings during trial. 4 3 2 1 0 9 b. Beginning court on time. 4 3 2 1 0 9 c. Allotting appropriate amount of time for cases. 4 3 2 1 0 9 d. Keeping cases moving according to schedule. 4 3 2 1 0 9 e. [Civil only]1 Assisting parties to reach agreement. 4 3 2 1 0 9 f. Maintaining appropriate control over proceedings. 4 3 2 1 0 9 g. Promptly ruling on pre-trial motions. 4 3 2 1 0 9 h. Promptly issuing a decision on the case after trial. 4 3 2 1 0 9 i. Setting reasonable schedules for cases. 4 3 2 1 0 9 2. Application and Knowledge of Law: a. Basing decisions on evidence and arguments. 4 3 2 1 0 9 b. Giving reasons for rulings. 4 3 2 1 0 9 c. [Civil only]1 Issuing written findings of fact and law. 4 3 2 1 0 9 d. Willing to reconsider error in fact or law. 4 3 2 1 0 9 e. Having knowledge of relevant substantive law. 4 3 2 1 0 9 f. Having knowledge of rules of procedure and evidence. 4 3 2 1 0 9 g. Being able to identify and analyze relevant facts. 4 3 2 1 0 9 h. [Criminal only]2 Issuing consistent sentences when the circumstances are similar. 4 3 2 1 0 9 i. Willing to make decision without regard to possible criticism. 4 3 2 1 0 9 j. Making decisions without fear of being appealed . 4 3 2 1 0 9 3. Communications: a. Speaking clearly. 4 3 2 1 0 9 b. Makings sure all participants understand the proceedings. 4 3 2 1 0 9 c. Using understandable language. 4 3 2 1 0 9 d. [District only] Providing written communications that are clear, thorough and well reasoned. 4 3 2 1 0 9 4. Demeanor: a. Giving proceedings a sense of dignity. 4 3 2 1 0 9 b. Treating everyone involved politely. 4 3 2 1 0 9 c. Having empathy with the parties involved. 4 3 2 1 0 9 d. Treating participants with respect. 4 3 2 1 0 9 e. Presenting a neutral presence on the bench. 4 3 2 1 0 9 f. Being consistent in his/her behavior. 4 3 2 1 0 9 g. Conducting his/her courtroom in a neutral manner. 4 3 2 1 0 9 h. Giving all participants an opportunity to be heard. 4 3 2 1 0 9 i. Consistently applying laws and rules. 4 3 2 1 0 9 j. Not engaging in ex parte communications. 4 3 2 1 0 9 k. Treating pro se parties fairly. 4 3 2 1 0 9 5. Diligence: a. Making tough decisions when necessary. 4 3 2 1 0 9 b. Using good judgment in application of relevant law and rules. 4 3 2 1 0 9 c. Doing the necessary “homework” and being prepared for his/her cases. 4 3 2 1 0 9 d. Being willing to handle cases on the docket even when they are complicated and time consuming. 4 3 2 1 0 9 e. Providing prompt access to the court in emergency matters. 4 3 2 1 0 9 [Continued on Back] 1 Please answer questions 1e & 2c only if you have observed the judge in a civil case. 2 Please answer question 2h only if you have observed the judge in a criminal case. ## Page 90 6. [Criminal cases only] 1 On the scale below, please indicate by circling the appropriate number how biased you think Judge _ is toward the defense or the prosecution. If you feel Judge _ is completely unbiased, circle “0.” Bias toward Completely Bias toward Defense Neutral Prosecution 5 4 3 2 1 0 1 2 3 4 5 7. [Criminal cases only]1 On the scale below, please indicate by circling the appropriate number how lenient or how harsh you think the sentences generally handed down by Judge _ are. If you feel Judge _ generally hands down appropriate sentences, circle “0.” Sentences Appropriate Sentences Too Light Sentences Too Harsh 5 4 3 2 1 0 1 2 3 4 5 8. If an associate were assigned to Judge _ in a case and asked you for advice, what would you say? _ _ _ _ 9. What would you say are Judge _’s strengths? _ _ _ _ 10. And what would you say are Judge _’s weaknesses? _ _ _ _ 11. Is there anything else that you would like to say about Judge _ ? _ _ _ 12. Keeping in mind your responses to each of the previous questions, how strongly do you recommend that Judge _ be retained in office, or not retained in office? Strongly recommend he be retained in office. 5 Somewhat recommend he be retained in office. 4 Undecided or don’t know enough to make recommendation. 3 Somewhat recommend he not be retained in office. 2 Strongly recommend he not be retained in office. 1 And why do you think that way about retaining or not retaining Judge _ ? _ _ _ _ Thank you for your time in completing this questionnaire. Please place it in the self-addressed, postage paid enveloped provided, and place it in the mail. Your participation in this survey is very much appreciated. 1 Please answer questions 6 & 7 only if you have observed the judge in a criminal case. ## Page 91 Commission on Judicial Performance 2003 Judicial Performance Questionnaire Evaluation of JUDGE _ Using a grade scale, where an “A” is excellent along with B, C, D or F for fail, please grade the judge on the following. (If you feel that you do not have experience with the judge in a specific area, or just don’t know, please circle the number corresponding to “Don’t Know/Not Applicable”—DK/NA). DK/ 1. Demeanor: A B C D F NA a. Giving court proceedings a sense of dignity. 4 3 2 1 0 9 b. Treating participants in the case politely and with respect. 4 3 2 1 0 9 c. Conducting his/her courtroom in a neutral manner. 4 3 2 1 0 9 d. Having a sense of compassion and human understanding for those who appear before him/her. 4 3 2 1 0 9 2. Fairness: a. Giving participants an opportunity to be heard. 4 3 2 1 0 9 b. Treating those involved in the case without bias. 4 3 2 1 0 9 c. Treating fairly people who represent themselves. 4 3 2 1 0 9 d. Giving each side enough time to present his or her case. 4 3 2 1 0 9 3. Communications: a. Makings sure participants understand the proceedings, and what’s going on in the courtroom. 4 3 2 1 0 9 b. Using language that everyone can understand. 4 3 2 1 0 9 c. Speaking clearly so everyone in the courtroom can hear what’s being said. 4 3 2 1 0 9 4. Diligence: a. Beginning court on time. 4 3 2 1 0 9 b. Maintaining appropriate control over proceedings. 4 3 2 1 0 9 c. Setting reasonable schedules for cases. 4 3 2 1 0 9 d. Being prepared for his/her cases. 4 3 2 1 0 9 e. Managing court proceedings so that there is little wasted time. 4 3 2 1 0 9 5. Application of Law: a. Giving reasons for rulings. 4 3 2 1 0 9 b. Willing to make decision without regard to possible outside pressure. 4 3 2 1 0 9 c. Being able to identify and analyze relevant facts. 4 3 2 1 0 9 6. [If you were in Judge _’s courtroom during a criminal case or cases please answer this question, otherwise skip to the next question.] On the scale below, please indicate by circling the appropriate number how biased you think Judge _ is toward the defense or the prosecution. If you feel Judge _ is completely unbiased, circle “0.” Bias toward Completely Bias toward Defense Neutral Prosecution 5 4 3 2 1 0 1 2 3 4 5 Continued on Other Side ## Page 92 7. [If you were in Judge _ ’s courtroom during a criminal case or cases please answer this question, otherwise skip to the next question.] On the scale below, please indicate by circling the appropriate number how lenient or how harsh you think the sentences generally handed down by Judge _ are. If you feel Judge _ generally hands down appropriate sentences, circle “0.” Sentences Appropriate Sentences Too Light Sentences Too Harsh 5 4 3 2 1 0 1 2 3 4 5 8. If a friend of yours was scheduled to appear before Judge _ as a party in either a civil or criminal case and asked you for advice, what would you tell your friend about Judge _ ? _ _ _ _ 9. What would you say are Judge _’s strengths? _ _ _ _ 10. And what would you say are Judge _’s weaknesses? _ _ _ _ 11. Is there anything else that you would like to say about Judge _? _ _ _ _ 12. Keeping in mind your responses to each of the previous questions, how strongly do you recommend that Judge _ be retained in office, or not retained in office? Strongly recommend he be retained in office. 5 Somewhat recommend he be retained in office. 4 Undecided or don’t know enough to make recommendation. 3 Somewhat recommend he not be retained in office. 2 Strongly recommend he not be retained in office. 1 And why do you think that way about retaining or not retaining Judge _? _ _ _ _ Thank you for your time in completing this questionnaire. Please place it in the self-addressed, postage paid enveloped provided, and place it in the mail. Your participation in this survey is very much appreciated.
Score cards render where the PDF extractor found numeric fields (partial is shown with “—” for missing tiles). “Read full survey text” surfaces the complete report transcription for every survey on file. Source PDFs on OJPE are always linked above for fidelity. Coverage note on Sources.
Sources
- 2008 evaluation on OJPE · scraped Apr 17, 2026
- 2004 evaluation on OJPE · scraped Apr 17, 2026
- 2000 evaluation on OJPE · scraped Apr 17, 2026
- 1996 evaluation on OJPE · scraped Apr 17, 2026