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Arthur P. Roy

Court of Appeals

Meets Standards(Retain)2 cycles on record

Evaluation history

  • 2004 retention cycle
    Court of Appeals
    Meets Standards(Retain)
    VotersRetained· 71.9% yes
    1,107,384 yes · 432,101 no50% needed to retain
    Retention Year: 2004 Recommendation: Retain Reports: 2004 Retention Survey Report Need an accessible PDF Document version? Please click on the link below and email our staff Contact Us Eight members of the State Commission on Judicial Performance recommend that Judge Arthur P. Roy BE RETAINED. Two members of the Commission have no opinion on retention, because they did not receive adequate information. Judge Roy was appointed to the Colorado Court of Appeals on January 6, 1994, and sworn in on March 4, 1994. A Louisiana native, raised in Iowa, Judge Roy graduated from Iowa State University in 1963 and, after serving in the United States Army, received his law degree from the University of Colorado in 1969. Thereafter, until his appointment to the bench, Judge Roy was a government attorney with the State Board of Agriculture, the Fort Collins City Attorney's Office, and the Office of the District Attorney for the Nineteenth Judicial District, and for 20 years, was in a general private law practice, primarily in Greeley, Colorado. Over the years he has served as officer and director of several charitable, civic, and professional organizations, and presently serves on the Court of Appeals' Electronic Records Committee, Building Facilities Committee, Technology Committee, and on a court committee seeking methods to increase the court's efficiency in issuing opinions. Judge Roy is a well-respected member of the bench. He prides himself on his hard work ethic, his integrity, and the courtesy he shows to colleagues, counsel, and court staff. These qualities are reflected in the survey responses by attorneys and judges. Ninety-nine percent of the judges recommended that he be retained in office, while 81% of the attorneys favored his retention. The survey responses also indicate that Judge Roy could be more timely in issuing opinions, and that his written opinions could be clearer and include more legal support. The timeliness issue could be attributed, in part, to the fact that Judge Roy authors more concurring and dissenting opinions than other judges on the court, which requires additional time.
  • 1996 retention cycle
    Court of Appeals
    Meets Standards(Retain)
    VotersRetained· 64.4% yes
    700,593 yes · 387,340 no50% needed to retain
    Retention Year: 1996 Recommendation: Retain The State Commission on Judicial Performance recommends that Judge Arthur P. Roy BE RETAINED. Judge Roy was admitted to the Bar of Colorado in 1969. He was a special assistant Attorney General of the state of Colorado from 1970 to 1972 and was a Deputy District Attorney for the Nineteenth Judicial District in Greeley, Colorado from 1973 to 1974.  Before his appointment to the Colorado Court of Appeals on January 6, 1994, Judge Roy was engaged in the private practice of law in Greeley, Colorado since September 1974. Judge Roy has been actively involved in civic, community and bar association activities. He has held a number of offices in the Colorado Bar Association and the Weld County Bar Association. The State Commission believes that Judge Roy’s broad experience as a practicing lawyer in both the public and private sectors before his appointment to the bench is a valuable asset to the Court of Appeals.  The committee view Judge Roy’s independence as demonstrated by the six dissenting opinions he wrote during calendar year 1995 in a positive and refreshing light. Attorney questionnaires received by the State Commission rate Judge Roy highly overall. He received high marks for integrity, equal treatment of all persons, decisions based on law and facts and conduct during oral arguments. Of the responses received from attorneys, 77.3% voted to retain Judge Roy, 22.7% had no opinion and 0% voted not to retain Judge Roy.

Surveys & reports

  • 2004 cycle
    • 2004 Retention Survey Report(PDF on OJPE)
      Read full retention survey textexpand
      ## Page 1 State of Colorado Logo COMMISSION ON JUDICIAL PERFORMANCE 2004 Judicial Performance Survey TThhee HHoonnoorraabbllee AArrtthhuurr PP.. RRooyy ## Page 2 March 22, 2004 The Honorable Arthur P. Roy Judge, Colorado Court of Appeals Colorado State Judicial Bldg. 2 East 14th Ave. Denver, Co. 80203 Dear Judge Roy: Every two years the Colorado Judicial Performance Commission conducts a survey of attorneys who have had cases with opinions authored or co-authored by those appellate court judges who face a retention vote in the next general election, and a second survey concerning these judges is conducted among all of the State’s trial judges. This report contains the results of these two surveys. 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 2a through 2l) 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. · Survey of Trial Judges Results & Comments: Similar to the Attorney section, this portion of the report contains graphs (again including the overall average of questions 1 through 14 on the Survey of Judges questionnaire), the percentage distribution of responses by the trail judges to each substantive question in the survey. The trial judges 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 fourth section of the report discusses the methodology of the survey. · Questionnaires: And the final section provides copies of the questionnaires that were used. 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: 100 Arap ahoe, Suite One, Boulder, CO 80302 Phone 303.443.5300 Fax 303.447.9386 ## Page 3 Judge Arthur P. Roy Appeallate Survey Average Grades: Questions 2a through 2l and Overall Average 3.3 Overall average of 2a through 2l 3.3 3.3 2a. Being fair and impartial toward both sides of the case. 3.3 3.3 2b. Writing opinions that are well written and understandable. 3.3 3.1 2c. Managing cases efficiently and with minimal delay. 3.4 3.2 2d. Issuing opinions in a timely manner. 3.3 3.2 2e. Having knowledge of the rules of evidence and proceedure. 3.4 3.3 2f. Making decisions without regard to possible criticism. 3.2 2.9 2g. Making the correct decision based upon the law and facts. 3 3.4 2h. Being prepared for oral argument. 3.5 3.4 2i. Asking thoughtful questions in oral argument. 3.3 2j. Treating parties equally regardless of race, sex or economic 3.6 status. 3.6 3.6 2k. Being courteous toward attorneys. 3.6 3.8 2l. Not engaging in ex parte communications. 3.9 0 0.5 1 1.5 2 2.5 3 3.5 4 4.5 Judge Roy Average Grade All Court of Appeals Judges except Judge Roy Judicial Performance Survey 2004 Page 1 ## Page 4 Judge Arthur P. Roy Appeallate Survey Retention Recommendation 80% 71% 70% 66% 63% 60% 58% 50% 40% 30% 20% 18% 16% 15% 14% 13% 12% 12% 11% 10% 7% 7% 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 Including Undecided Excluding Undecided Judge Roy All Court of Appeals Judges except Judge Roy Judicial Performance Survey 2004 Page 2 ## Page 5 Judge Arthur P. Roy Attorney Survey 2a. How would you grade Judge Roy on "Being fair and impartial toward both sides of the case?" All Court of Appeals Judge Judges except Roy Judge Roy A 54% 56% B 25% 20% C 13% 9% D 3% 7% Fail 3% 3% No Grade 3% 6% Average 3.3 3.3 Letter Grade B B Judicial Performance Survey 2004 Page 1 ## Page 6 Judge Arthur P. Roy Attorney Survey 2b. How would you grade Judge Roy on "Writing opinions that are well written and understandable?" All Court of Appeals Judge Judges except Roy Judge Roy A 57% 50% B 23% 28% C 9% 12% D 4% 4% Fail 3% 1% No Grade 4% 5% Average 3.3 3.3 Letter Grade B B Judicial Performance Survey 2004 Page 2 ## Page 7 Judge Arthur P. Roy Attorney Survey 2c. How would you grade Judge Roy on "Managing cases efficiently and with minimal delay?" All Court of Appeals Judge Judges except Roy Judge Roy A 21% 38% B 39% 25% C 11% 7% D 2% Fail 0% No Grade 29% 28% Average 3.1 3.4 Letter Grade B B+ Judicial Performance Survey 2004 Page 3 ## Page 8 Judge Arthur P. Roy Attorney Survey 2d. How would you grade Judge Roy on "Issuing opinions in a timely manner?" All Court of Appeals Judge Judges except Roy Judge Roy A 39% 47% B 39% 31% C 11% 10% D 3% 3% Fail 0% No Grade 9% 10% Average 3.2 3.3 Letter Grade B B Judicial Performance Survey 2004 Page 4 ## Page 9 Judge Arthur P. Roy Attorney Survey 2e. How would you grade Judge Roy on "Having knowledge of the rules of evidence and procedure?" All Court of Appeals Judge Judges except Roy Judge Roy A 35% 44% B 21% 17% C 8% 9% D 1% 3% Fail 4% 1% No Grade 30% 27% Average 3.2 3.4 Letter Grade B B+ Judicial Performance Survey 2004 Page 5 ## Page 10 Judge Arthur P. Roy Attorney Survey 2f. How would you grade Judge Roy on "Making decisions without regard to possible criticism?" All Court of Appeals Judge Judges except Roy Judge Roy A 44% 41% B 15% 16% C 7% 7% D 3% 4% Fail 3% 3% No Grade 28% 29% Average 3.3 3.2 Letter Grade B B Judicial Performance Survey 2004 Page 6 ## Page 11 Judge Arthur P. Roy Attorney Survey 2g. How would you grade Judge Roy on "Making the correct decision based upon the law and facts?" All Court of Appeals Judge Judges except Roy Judge Roy A 49% 46% B 17% 20% C 10% 17% D 8% 9% Fail 10% 5% No Grade 6% 4% Average 2.9 3.0 Letter Grade B- B Judicial Performance Survey 2004 Page 7 ## Page 12 Judge Arthur P. Roy Attorney Survey 2h. How would you grade Judge Roy on "Being prepared for oral argument?" All Court of Appeals Judge Judges except Roy Judge Roy A 44% 44% B 24% 18% C 10% 8% D 1% 2% Fail No Grade 21% 28% Average 3.4 3.5 Letter Grade B+ B+ Judicial Performance Survey 2004 Page 8 ## Page 13 Judge Arthur P. Roy Attorney Survey 2i. How would you grade Judge Roy on "Asking thoughtful questions in oral argument?" All Court of Appeals Judge Judges except Roy Judge Roy A 42% 40% B 21% 16% C 10% 11% D 3% 3% Fail 0% No Grade 24% 30% Average 3.4 3.3 Letter Grade B+ B Judicial Performance Survey 2004 Page 9 ## Page 14 Judge Arthur P. Roy Attorney Survey 2j. How would you grade Judge Roy on "Treating parties equally regardless of race, sex or economic status?" All Court of Appeals Judge Judges except Roy Judge Roy A 45% 52% B 13% 7% C 6% 3% D 1% 2% Fail 1% No Grade 35% 34% Average 3.6 3.6 Letter Grade B+ B+ Judicial Performance Survey 2004 Page 10 ## Page 15 Judge Arthur P. Roy Attorney Survey 2k. How would you grade Judge Roy on "Being courteous toward attorneys?" All Court of Appeals Judge Judges except Roy Judge Roy A 55% 56% B 18% 16% C 7% 5% D 1% 1% Fail 0% No Grade 18% 23% Average 3.6 3.6 Letter Grade B+ B+ Judicial Performance Survey 2004 Page 11 ## Page 16 Judge Arthur P. Roy Attorney Survey 2l. How would you grade Judge Roy on "Not engaging in ex parte communications?" All Court of Appeals Judge Judges except Roy Judge Roy A 49% 45% B 4% 3% C 4% 1% D Fail No Grade 42% 51% Average 3.8 3.9 Letter Grade A- A- Judicial Performance Survey 2004 Page 12 ## Page 17 Judge Arthur P. Roy Attorney Survey 3. Do you recommend that Judge Roy be retained in office or not be retained in office? All Court of Appeals Judge Judges except Roy Judge Roy Strongly Recommend 66% 71% Retain in office Somewhat Recommend 15% 18% Retain in office Somewhat Recommend Not 14% 7% Retain in office Strongly Recommend Not Retain in office 5% 4% Judicial Performance Survey 2004 Page 13 ## Page 18 Judge Arthur P. Roy Survey of Judges Average Grades: Questions 1 through 14 and Overall Average 3.6 Overall average of 1 through 14 3.7 3.7 1. Being fair and impartial toward both sides of the case. 3.8 3.5 2. Writing opinions that are well written and understandable. 3.7 3.6 3. Managing cases efficiently and with minimal delay. 3.6 3.6 4. Issuing opinions in a timely manner. 3.6 3.6 5. Having knowledge of the rules of evidence and proceedure. 3.7 3.8 6. Making decisions without regard to possible criticism. 3.8 3.6 7. Making the correct decision based upon the law and facts. 3.7 3.8 8. Being prepared for oral argument. 3.8 3.8 9. Asking thoughtful questions in oral argument. 3.9 3.8 10. Willingness to undertake administrative responsibilities. 3.8 3.8 11. Being courteous toward attorneys. 3.8 3.9 12. Not engaging in ex parte communications. 3.9 3.8 13. Willingness to help other judges and justices. 3.8 14. Treating parties equally regardless of race, sex or economic 3.8 status. 3.8 3 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 4 Judge Roy Average Grade All Court of Appeals Judges except Judge Roy Judicial Performance Survey 2004 Page 1 ## Page 19 Judge Arthur P. Roy Survey of Judges Retention Recommendation 100% 90% 87% 87% 80% 70% 60% 50% 40% 30% 20% 12% 11% 10% 1% 1% 0% 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 S Judge Roy All Court of Appeals Judges except Judge Roy Judicial Performance Survey 2004 Page 2 ## Page 20 Judge Arthur P. Roy Survey of Judges 1. How would you grade Judge Roy on "Being fair and impartial toward both sides of the case?" All Court of Appeals Judge Judges except Roy Judge Roy A 52% 53% B 12% 10% C 2% 3% D Fail No Grade 34% 34% Average 3.7 3.8 Letter Grade A- A- Judicial Performance Survey 2004 Page 1 ## Page 21 Judge Arthur P. Roy Survey of Judges 2. How would you grade Judge Roy on "Writing opinions that are well written and understandable?" All Court of Appeals Judge Judges except Roy Judge Roy A 49% 57% B 22% 16% C 8% 4% D 0% Fail No Grade 21% 22% Average 3.5 3.7 Letter Grade B+ A- Judicial Performance Survey 2004 Page 2 ## Page 22 Judge Arthur P. Roy Survey of Judges 3. How would you grade Judge Roy on "Managing cases efficiently and with minimal delay?" All Court of Appeals Judge Judges except Roy Judge Roy A 34% 34% B 18% 15% C 2% 3% D Fail No Grade 46% 48% Average 3.6 3.6 Letter Grade B+ B+ Judicial Performance Survey 2004 Page 3 ## Page 23 Judge Arthur P. Roy Survey of Judges 4. How would you grade Judge Roy on "Issuing opinions in a timely manner?" All Court of Appeals Judge Judges except Roy Judge Roy A 35% 37% B 20% 16% C 2% 3% D 0% Fail No Grade 44% 44% Average 3.6 3.6 Letter Grade B+ B+ Judicial Performance Survey 2004 Page 4 ## Page 24 Judge Arthur P. Roy Survey of Judges 5. How would you grade Judge Roy on "Having knowledge of the rules of evidence and procedure?" All Court of Appeals Judge Judges except Roy Judge Roy A 53% 57% B 17% 14% C 5% 3% D 0% Fail 1% 1% No Grade 24% 26% Average 3.6 3.7 Letter Grade B+ A- Judicial Performance Survey 2004 Page 5 ## Page 25 Judge Arthur P. Roy Survey of Judges 6. How would you grade Judge Roy on "Making decisions without regard to possible criticism?" All Court of Appeals Judge Judges except Roy Judge Roy A 60% 59% B 9% 8% C 2% 2% D 0% Fail No Grade 29% 31% Average 3.8 3.8 Letter Grade A- A- Judicial Performance Survey 2004 Page 6 ## Page 26 Judge Arthur P. Roy Survey of Judges 7. How would you grade Judge Roy on "Making the correct decision based upon the law and facts?" All Court of Appeals Judge Judges except Roy Judge Roy A 50% 54% B 24% 19% C 5% 3% D 0% Fail No Grade 21% 23% Average 3.6 3.7 Letter Grade B+ A- Judicial Performance Survey 2004 Page 7 ## Page 27 Judge Arthur P. Roy Survey of Judges 8. How would you grade Judge Roy on "Being prepared for oral argument?" All Court of Appeals Judge Judges except Roy Judge Roy A 26% 25% B 4% 3% C 1% 1% D Fail No Grade 70% 71% Average 3.8 3.8 Letter Grade A- A- Judicial Performance Survey 2004 Page 8 ## Page 28 Judge Arthur P. Roy Survey of Judges 9. How would you grade Judge Roy on "Asking thoughtful questions in oral argument?" All Court of Appeals Judge Judges except Roy Judge Roy A 18% 18% B 2% 0% C 1% 1% D Fail No Grade 80% 81% Average 3.8 3.9 Letter Grade A- A- Judicial Performance Survey 2004 Page 9 ## Page 29 Judge Arthur P. Roy Survey of Judges 10. How would you grade Judge Roy on "Willingness to undertake administrative responsibilities?" All Court of Appeals Judge Judges except Roy Judge Roy A 21% 23% B 5% 5% C 1% 1% D Fail No Grade 73% 71% Average 3.8 3.8 Letter Grade A- A- Judicial Performance Survey 2004 Page 10 ## Page 30 Judge Arthur P. Roy Survey of Judges 11. How would you grade Judge Roy on "Being courteous toward attorneys?" All Court of Appeals Judge Judges except Roy Judge Roy A 31% 31% B 5% 4% C 2% 1% D Fail No Grade 62% 63% Average 3.8 3.8 Letter Grade A- A- Judicial Performance Survey 2004 Page 11 ## Page 31 Judge Arthur P. Roy Survey of Judges 12. How would you grade Judge Roy on "Not engaging in ex parte communications?" All Court of Appeals Judge Judges except Roy Judge Roy A 31% 32% B 2% 2% C 1% 1% D Fail No Grade 66% 65% Average 3.9 3.9 Letter Grade A- A- Judicial Performance Survey 2004 Page 12 ## Page 32 Judge Arthur P. Roy Survey of Judges 13. How would you grade Judge Roy on "Willingness to help other judges and justices?" All Court of Appeals Judge Judges except Roy Judge Roy A 35% 34% B 7% 6% C 2% 1% D Fail No Grade 57% 59% Average 3.8 3.8 Letter Grade A- A- Judicial Performance Survey 2004 Page 13 ## Page 33 Judge Arthur P. Roy Survey of Judges 14. How would you grade Judge Roy on "Treating parties equally regardless of race, sex or economic status?" All Court of Appeals Judge Judges except Roy Judge Roy A 49% 50% B 7% 6% C 2% 2% D Fail No Grade 42% 42% Average 3.8 3.8 Letter Grade A- A- Judicial Performance Survey 2004 Page 14 ## Page 34 Judge Arthur P. Roy Survey of Judges R15e.t Do you recommend that Judge Roy be retained in office or not be retained in office? All Court of Appeals Judge Judges except Roy Judge Roy Strongly Recommend 87% 87% Retain in office Somewhat Recommend 12% 11% Retain in office Somewhat Recommend Not 1% 1% Retain in office Strongly Recommend Not Retain in office Judicial Performance Survey 2004 Page 15 ## Page 35 MMeetthhooddoollooggyy Sample: The Colorado Judicial Department provided Talmey-Drake Research & Strategy, Inc. with names and addresses of attorneys who, in the previous 12 months, had a case decided by the Colorado Court of Appeals, of which the decision had been authored or co-authored by one of the six Court of Appeals judges up for a retention vote in 2004. Talmey-Drake Research was also provided with the list of the 265 Colorado judges and justices. Two surveys were conducted, one among attorneys who had opinions authored or co-authored by one of the six Court of Appeals judges facing a retention vote in 2004, and a second survey of all Colorado judges and justices. Questionnaire: Copies of the two questionnaires used are provided at the end of this report. Respondents were asked to use a grade of A, B, C, D, or F (Fail) to assess the judge’s performance in a number of different areas. These grades were then converted to a numerical value where A = 4, B = 3, C = 2, D = 1 and Fail = 0. 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 for each survey as well as the response rate for your surveys. Overall Response Rate Refused/ Nonre- Unde- Response Respondent Type Total Sent Completed sponse livered Other Rate Attorneys 1170 393 21 168 39.2% Judges 265 135 1 14 1 53.8% Response Rate for Judge Roy Refused/ Nonre- Unde- Response Respondent Type Total Sent Completed sponse livered Other Rate Attorneys 203 70 2 29 40.2% Judges 265 135 1 14 1 53.8% A 4 Results: The results of the Survey are in two main sections: Attorney Respondents and Judge Respondents. Within each main section are three subsections: graphs 1 ## Page 36 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 the combined averages for all the other Court of Appeals judges for which 2004 surveys were conducted. 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 a comparative column of results showing the results for that question for all other Court of Appeals judges for which 2004 surveys were conducted. Comments: Each respondent was encouraged to comment on the judge’s performance. This section contains these comments—again divided between results from attorneys and judges. 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. 2 ## Page 37 Commission on Judicial Performance 2004 Judicial Performance Court of Appeals Questionnaire Evaluation of Judge _ 1. Which of the following types of cases have you appealed in which Judge _ authored or co-authored the decision? (Please circle all that apply.) Civil. 1 Criminal. 2 Domestic. 3 Juvenile. 4 Other. 5 2. 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, for a specific question you feel that you do not have enough information to grade Judge _, please circle the number indicating “Can’t Grade.” Can’t A B C D F Answer a. Being fair and impartial toward both sides of the case. 4 3 2 1 0 9 b. Writing opinions that are well written and understandable. 4 3 2 1 0 9 c. Managing cases efficiently and withy minimal delay. 4 3 2 1 0 9 d. Issuing opinions in a timely manner. 4 3 2 1 0 9 e. Having knowledge if the rules of evidence and procedure. 4 3 2 1 0 9 f. Making decisions without regard to possible criticism. 4 3 2 1 0 9 g. Making the correct decision based upon the law and facts. 4 3 2 1 0 9 h. Being prepared for oral argument. 4 3 2 1 0 9 i. Asking thoughtful questions in oral argument. 4 3 2 1 0 9 j. Treating parties equally regardless of race, sex or economic status. 4 3 2 1 0 9 k. Being courteous toward attorneys. 4 3 2 1 0 9 l. Not engaging in ex parte communications. 4 3 2 1 0 9 Continued On Other Side ## Page 38 3. Comments about Judge _ relating to any of your responses to the previous questions: _ _ _ _ 4. 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 4. 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. ## Page 39 Please write comments you would like to make about Judge Daniel M. Taubman in the space below. If you would like to make more comments than space allows, feel free to attach a sheet with additional comments. _ _ _ _ _ _ _ _ Survey of Colorado Judges _ _ Please answer the enclosed questions about each of the six Court Please write comments you would like to make about Judge of Appeals judges who are up for a retention vote in November John R. Webb in the space below. If you would like to make 2004. For questions 1 through 14 please grade each of the more comments than space allows, feel free to attach a sheet judges and justice using a grade scale where an “A” indicates you with additional comments. believe the judge or justice is doing excellent on that aspect of _ his or her job, a “D” indicates that you believe he or she is doing _ poorly on that aspect of the job and an “F” indicates that you believe the judge or justice is failing at that task. B’s and C’s _ indicate that you believe the judge or justice is performing _ between excellent and poor on the particular task. _ If, for a specific question, you feel that you do not have enough _ information to grade the judge or justice on the task, or for some _ reason feel that you cannot grade him or her on the item, please _ circle the number that indicates “no grade.” _ Thank you. _ Please mail the completed questionnaire in the enclosed postage paid envelope. Thank you. ## Page 40 1. Being fair and impartial toward both sides of the case. Please write comments you would like to make about Judge Robert J. No Kapelke in the space below. If you would like to make more A B C D F Grade comments than space allows, feel free to attach a sheet with additional Judge James S. Casebolt. 4 3 2 1 0 6 comments. Judge Dennis A. Graham . 4 3 2 1 0 6 _ Judge Robert J. Kapelke. 4 3 2 1 0 6 _ Judge Arthur P. Roy. 4 3 2 1 0 6 _ Judge Daniel M. Taubman. 4 3 2 1 0 6 _ Judge John R. Webb. 4 3 2 1 0 6 _ 2. Writing opinions that are well written and understandable. _ No _ A B C D F Grade Judge James S. Casebolt. 4 3 2 1 0 6 _ Judge Dennis A. Graham . 4 3 2 1 0 6 _ Judge Robert J. Kapelke. 4 3 2 1 0 6 _ Judge Arthur P. Roy. 4 3 2 1 0 6 _ Judge Daniel M. Taubman. 4 3 2 1 0 6 _ Judge John R. Webb. 4 3 2 1 0 6 3. Managing cases efficiently and with minimal delay. No Please write comments you would like to make about Judge Arthur P. A B C D F Grade Roy in the space below. If you would like to make more comments Judge James S. Casebolt. 4 3 2 1 0 6 than space allows, feel free to attach a sheet with additional comments. Judge Dennis A. Graham . 4 3 2 1 0 6 _ Judge Robert J. Kapelke. 4 3 2 1 0 6 _ Judge Arthur P. Roy. 4 3 2 1 0 6 _ Judge Daniel M. Taubman. 4 3 2 1 0 6 _ Judge John R. Webb. 4 3 2 1 0 6 _ 4. Issuing opinions in a timely manner. _ No _ A B C D F Grade Judge James S. Casebolt. 4 3 2 1 0 6 _ Judge Dennis A. Graham . 4 3 2 1 0 6 _ Judge Robert J. Kapelke. 4 3 2 1 0 6 _ Judge Arthur P. Roy. 4 3 2 1 0 6 _ Judge Daniel M. Taubman. 4 3 2 1 0 6 _ Judge John R. Webb. 4 3 2 1 0 6 ## Page 41 Please write comments you would like to make about Judge 5. Having knowledge of the rules of evidence and procedure. James S. Casebolt in the space below. If you would like to No make more comments than space allows, feel free to attach a A B C D F Grade Judge James S. Casebolt. 4 3 2 1 0 6 sheet with additional comments. _ Judge Dennis A. Graham . 4 3 2 1 0 6 Judge Robert J. Kapelke. 4 3 2 1 0 6 _ Judge Arthur P. Roy. 4 3 2 1 0 6 _ Judge Daniel M. Taubman. 4 3 2 1 0 6 _ Judge John R. Webb. 4 3 2 1 0 6 _ 6. Making decisions without regard to possible criticism. _ No _ A B C D F Grade _ Judge James S. Casebolt. 4 3 2 1 0 6 _ Judge Dennis A. Graham . 4 3 2 1 0 6 _ Judge Robert J. Kapelke. 4 3 2 1 0 6 Judge Arthur P. Roy. 4 3 2 1 0 6 Judge Daniel M. Taubman. 4 3 2 1 0 6 Please write comments you would like to make about Judge Judge John R. Webb. 4 3 2 1 0 6 Dennis A. Graham in the space below. If you would like to 7. Making the correct decision based upon the law and facts. make more comments than space allows, feel free to attach a No sheet with additional comments. A B C D F Grade _ Judge James S. Casebolt. 4 3 2 1 0 6 _ Judge Dennis A. Graham . 4 3 2 1 0 6 _ Judge Robert J. Kapelke. 4 3 2 1 0 6 _ Judge Arthur P. Roy. 4 3 2 1 0 6 _ Judge Daniel M. Taubman. 4 3 2 1 0 6 Judge John R. Webb. 4 3 2 1 0 6 _ _ 8. Being prepared for oral argument. _ No A B C D F Grade _ Judge James S. Casebolt. 4 3 2 1 0 6 _ Judge Dennis A. Graham . 4 3 2 1 0 6 _ Judge Robert J. Kapelke. 4 3 2 1 0 6 _ Judge Arthur P. Roy. 4 3 2 1 0 6 Judge Daniel M. Taubman. 4 3 2 1 0 6 Judge John R. Webb. 4 3 2 1 0 6 ## Page 42 9. Asking thoughtful questions in oral argument. 13. Willingness to help other judges and justices. No No A B C D F Grade A B C D F Grade Judge James S. Casebolt............... 4 3 2 1 0 6 Judge James S. Casebolt............... 4 3 2 1 0 6 Judge Dennis A. Graham ............ 4 3 2 1 0 6 Judge Dennis A. Graham ............ 4 3 2 1 0 6 Judge Robert J. Kapelke............... 4 3 2 1 0 6 Judge Robert J. Kapelke............... 4 3 2 1 0 6 Judge Arthur P. Roy.................... 4 3 2 1 0 6 Judge Arthur P. Roy..................... 4 3 2 1 0 6 Judge Daniel M. Taubman........... 4 3 2 1 0 6 Judge Daniel M. Taubman........... 4 3 2 1 0 6 Judge John R. Webb.................... 4 3 2 1 0 6 Judge John R. Webb.................... 4 3 2 1 0 6 10. Willingness to undertake administrative responsibilities. 14. Treating parties equally regardless of race, sex or No economic status. A B C D F Grade No Judge James S. Casebolt............... 4 3 2 1 0 6 A B C D F Grade Judge Dennis A. Graham ............ 4 3 2 1 0 6 Judge James S. Casebolt............... 4 3 2 1 0 6 Judge Robert J. Kapelke............... 4 3 2 1 0 6 Judge Dennis A. Graham ............ 4 3 2 1 0 6 Judge Arthur P. Roy.................... 4 3 2 1 0 6 Judge Robert J. Kapelke............... 4 3 2 1 0 6 Judge Daniel M. Taubman........... 4 3 2 1 0 6 Judge Arthur P. Roy..................... 4 3 2 1 0 6 Judge John R. Webb.................... 4 3 2 1 0 6 Judge Daniel M. Taubman........... 4 3 2 1 0 6 Judge John R. Webb.................... 4 3 2 1 0 6 11. Being courteous toward attorneys. No 15. Recommend to be retained/not retained in office. A B C D F Grade Judge Judge Judge Judge James S. Casebolt............... 4 3 2 1 0 6 Casebolt Graham Kapelke Judge Dennis A. Graham ............ 4 3 2 1 0 6 Strongly recommend to retain ..... 5 5 5 Judge Robert J. Kapelke............... 4 3 2 1 0 6 Somewhat recommend to retain... 4 4 4 Judge Arthur P. Roy.................... 4 3 2 1 0 6 Undecided or don’t know enough Judge Daniel M. Taubman........... 4 3 2 1 0 6 to make recommendation........ 3 3 3 Judge John R. Webb.................... 4 3 2 1 0 6 Somewhat recommend not retain. 2 2 2 Strongly recommend not retain.... 1 1 1 12. Not engaging in ex parte communications. No Judge Judge Judge A B C D F Grade Roy Taubman Webb Judge James S. Casebolt............... 4 3 2 1 0 6 Strongly recommend to retain...... 5 5 5 Judge Dennis A. Graham ............ 4 3 2 1 0 6 Somewhat recommend to retain... 4 4 4 Judge Robert J. Kapelke............... 4 3 2 1 0 6 Undecided or don’t know enough Judge Arthur P. Roy.................... 4 3 2 1 0 6 to make recommendation........ 3 3 3 Judge Daniel M. Taubman........... 4 3 2 1 0 6 Somewhat recommend not retain. 2 2 2 Judge John R. Webb.................... 4 3 2 1 0 6 Strongly recommend not retain.... 1 1 1

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