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Rex A. Shaw

Trial Court · Jackson · Jackson

Meets Standards(Retain)5 cycles on record

Evaluation history

  • 2008 retention cycle
    Trial Court · Jackson · Jackson
    Meets Standards(Retain)
    VotersRetained· 88.5% yes
    765 yes · 99 no50% needed to retain
    Reports: 2008 Retention Survey Report Need an accessible PDF Document version? Please click on the link below and email our staff Contact Us The Eighth Judicial District Commission on Judicial Performance strongly recommends by unanimous vote that Judge Rex A. Shaw BE RETAINED. Judge Shaw was appointed to the Jackson County Court in 1985. This is a part-time position. His cases are approximately fifteen percent (15%) civil cases, and the balance consists of criminal and traffic offenses. Judge Shaw is one of several county court judges in Colorado who are not lawyers. Judge Shaw engages in community service including serving as president of the Jackson County Lions Club, participation in community activities such as the Health Fair, Children’s Center, and visitor at schools. Members of the Commission interviewed Judge Shaw, observed him in the courtroom, reviewed opinions authored by him, interviewed persons with significant contacts with Judge Shaw, and considered the results of a survey of persons who have appeared before him as parties and jurors. The survey rated Judge Shaw in the areas of case management, knowledge and application of the law, communications, demeanor and diligence. No attorneys responded to the survey. The non-attorneys responding to the survey rated Judge Shaw higher than the average for county court judges in all five categories in the survey. Ninety-two percent (92%) of non-attorneys responding favored retention of Judge Shaw. Seventy-five percent (75%) of non-attorneys responding to the survey strongly recommended that Judge Shaw be retained in office.
  • 2004 retention cycle
    Trial Court · Jackson · Jackson
    Meets Standards(Retain)
    VotersRetained· 86.3% yes
    778 yes · 124 no50% needed to retain
    Retention Year: 2004 Recommendation: Retain Reports: 2004 Retention Survey Report Need an accessible PDF Document version? Please click on the link below and email our staff Contact Us The Eighth Judicial District Commission on Judicial Performance unanimously recommends that Judge Rex A. Shaw BE RETAINED. The vote of the Commission was 10-0. Judge Shaw was appointed the County Judge for Jackson County in September 1985. Judge Shaw is not an attorney. He has served as the part-time Jackson County Judge for over 18 and one-half years. Judge Shaw's caseload is primarily traffic, civil, and criminal. The Commission reviewed the 2004 Judicial Performance Survey data from attorneys and non-attorneys prepared by the Colorado State Commission on Judicial Performance. The survey evaluated case management, application and knowledge of the law, communications, demeanor, and diligence. The Commission reviewed a written self-evaluation and interviewed Judge Shaw. The Commission also interviewed attorneys and non-attorneys having professional contact with the judge, conducted a public hearing, and made courtroom observations. All sources of information recommend Judge Shaw's retention. The Commission believes the people of Jackson County are fortunate to have such a capable and qualified person serving as their County Judge. Judge Shaw continues to gain additional judicial knowledge and experience. This judge spends a great deal of effort researching case law and attending continuing legal education. He confers with other judges when necessary. The Commission is impressed with Judge Shaw's fairness, his desire to further his knowledge of the law, his positive concern for everyone in his courtroom, his service to his community, and his demonstrated ability as an excellent judge and recommends his retention.
  • 2000 retention cycle
    Trial Court · Jackson · Jackson
    Meets Standards(Retain)
    Retention Year: 2000 Recommendation: Retain The Eighth Judicial District Commission on Judicial Performance unanimously recommends that Judge Rex A. Shaw BE RETAINED. Judge Shaw was appointed as the Jackson County Court Judge in September 1985. Judge Shaw is a non-attorney, who as a part-time rural County Court Judge has served on the bench for almost fifteen years. Judge Shaw has recently resigned from his employment in construction management allowing him more time for the business of the County Court. The Judicial Performance Commission personally interviewed each judge in the District whose term was nearing completion and who was seeking retention. Further, written evaluations were requested from a random sample of attorneys, court employees, law enforcement personnel, jurors, litigants, crime victims and other constituents who have been involved in proceedings in each judge's court. Survey results were designed and compiled by an independent agency to provide confidentiality. Forty-four (44) non-attorneys and 7 attorneys responded to a survey on the performance of Judge Shaw in six areas of courtesy, impartiality, communication skills, judicial temperament, diligence, and application of law. Eighty-six percent (86%) of non-attorneys and 83% of attorneys recommended that Judge Shaw be retained in office. Fourteen percent (14%) of non-attorneys and 17% of attorneys recommended that Judge Shaw not be retained in office. Judge Shaw reports that his workload is primarily comprised of the following judicial areas: traffic, civil, and criminal. The Judicial Performance Commission was impressed with Judge Shaw's efforts to gain further professional growth through attendance at Judicial College, Judicial Conferences, and resourcing judicial computer information. Judge Shaw impressed the Judicial Performance Commission with his enthusiasm for fairness, his genuine concern to positively respond to criticism, and his refreshing approach to the administration of the law. The Commission finds that Judge Rex A. Shaw capably and efficiently meets the needs of this unique rural court assignment.
  • 1996 retention cycle
    Trial Court · Jackson · Jackson
    Meets Standards(Retain)
    Retention Year: 1996 Recommendation: Retain The Commission on Judicial Performance recommends that Judge Rex A. Shaw BE RETAINED. Judge Shaw was appointed county court judge for Jackson County in 1985. This is a part-time position presiding over criminal, civil and small claims court cases. Prior to his appointment, Judge Shaw was a surveyor and property manager. He is currently also n the construction business. He is not an attorney, but a lay judge in background. Since this is a part-time court position, the number of responses from questionnaires was small. They were, however, very favorable with comments stating that he is a professional, fair, compassionate, attentive, considerate, and diligent. All those expressing concern that he was not an attorney also felt that he performed an adequate public service. Six of seven attorneys polled felt he displayed a sense of justice. Three of four attorneys felt his written decisions were clear. Four of six attorneys recommended retention. Nine of ten law enforcement evaluations recommended retention. The Commission felt that Judge Shaw took his duties seriously, and was strongly motivated to continue to serve in this position. He is well aware of the potential problems involved in not being more versed in the law and seeks advice and help when needed.
  • 1992 retention cycle
    Trial Court · Jackson · Jackson
    Meets Standards(Retain)
    Retention Year: 1992 Recommendation: Retain Judge Shaw was appointed County Court Judge in Jackson County in September 1985. This is a part-time position handling all type of county court cases including criminal, civil and small claims. Prior to his appointment, Judge Shaw was a surveyor and property manager, and he is currently also in the construction business. He is not an attorney, but a lay judge in background. Since this is a part-time court and position, the number of responses from questionnaires was small. They were, however, very favorable with comments stating he is professional, fair, compassionate, attentive, considerate and diligent. The only problems mentioned were related to the fact that he is not an attorney, which was seen as a shortcoming by some. But even those complaining of this fact felt he performed an adequate job. The Commission felt Judge Shaw took his work seriously and was strongly motivated to continue to serve in this position. He is well aware of the problems involving in not being more versed in the law and seeks advice and help when needed. The questionnaire results showed: 7 Attorneys, Retain 72% (5), Not retain 14% (1), No opinion 14% (1); 10 Law Enforcement Officers, Retain 100%, Not retain 0% (0), No opinion 0% (0); 8 Court Personnel, Retain 87.5% (7), Not retain 14% (1), No opinion 12.5% (1). This represents the total of questionnaires received by the Commission. The 8th Judicial District Commission on Judicial Performance recommends that Judge Rex A. Shaw be retained.

Surveys & reports

  • 2008 cycle
    • Read full retention survey textexpand
      ## Page 1 State off Colorado LLogo COOMMISSIOON ON JUUDICIALL PERFORRMANCEE RReexx AA.. SShhhhaaww 22008 Juudicial PPerformmance Suurvey ## Page 2 April 30, 2008 The Honorable Rex A. Shaw Jackson County Courthouse 396 Lafever Street Walden, CO 80480 Dear Judge Shaw: 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: Because no attorneys responded regarding your evaluation, this section of your report has been omitted. • 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 Rex A. Shaw 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 There were no judicial performance evaluations of Judge Shaw completed by attorneys—out of 5 mailed questionnaires and attempted telephone interviews. ## Page 5 NNoonn--AAttttoorrnneeyy SSuurrvveeyy ((SSaammppllee SSiizzee 1133)) ## Page 6 Rex A. Shaw NNoonn-AAttttoorrnneeyy SSuurrvveeyy Average Grades: Overall and by Section 3.7 Overall Average 3.5 3.6 3.6 QQ11. OOvveerraallll DDeemmeeaannoorr 33.55 3.6 3.6 Q2. Overall Fairness 3.5 3.6 3.7 Q3. Overall 3.6 Communications 3.7 3.7 Q4. Overall Diligence 3.5 3.6 3.7 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 Rex A. Shaw All County Judges All Trial Judges Judicial Performance Survey 2008 Page 1 ## Page 7 Rex A. Shaw Non-Attorney Survey Average Grades: Demeanor 3.6 Q1. Overall Demeanor 3.5 3.6 33.77 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 3.7 1c. Conducting [his/her] 3.5 courtroom in a neutral manner 3.6 3.4 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 Rex A. Shaw All County Judges All Trial Judges Judicial Performance Survey 2008 Page 2 ## Page 8 Rex A. Shaw NNoonn-AAttttoorrnneeyy SSuurrvveeyy Average Grades: Fairness 3.6 Q2. Overall Fairness 3.5 3.6 3.9 2a. Giving participants an 3.5 opportunity to be heard 3.6 3.6 2b. Treating those involved with 3.5 the case without bias 3.5 3.8 2c. Treating fairly people who 3.4 represent themselves 3.5 3.8 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 Rex A. Shaw All County Judges All Trial Judges Judicial Performance Survey 2008 Page 3 ## Page 9 Rex A. Shaw Non-Attorney Survey Average Grades: Communications 3.7 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 3.8 3b. Using language that 3.6 everyone can understand 3.7 3.8 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 Rex A. Shaw All County Judges All Trial Judges Judicial Performance Survey 2008 Page 4 ## Page 10 Rex A. Shaw Non-Attorney Survey Average Grades: Diligence 3.7 Q4. Overall Diligence 3.5 3.6 3.5 44a. BBegiinniing courtt on ttiime 33.44 3.4 3.8 4b. Maintaining appropriate 33..66 conttroll over proceeddiings 3.7 3.8 4c. Setting reasonable 3.5 sscchheedduulleess ffoorr ccaasseess 3.6 3.8 4d. Being prepared for [his/her] 3.6 cases 3.6 3.7 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 Rex A. Shaw All County Judges All Trial Judges Judicial Performance Survey 2008 Page 5 ## Page 11 Rex A. Shaw Non-Attorney Survey Average Grades: Application and Knowledge of Law 3.7 Q5. Overall App of Law 3.4 3.5 3.9 5a. Giving reasons for rulings 3.4 3.5 3.9 5b. Willing to make decision without regard to possible 3.5 outside pressure 3.5 3.7 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 Rex A. Shaw All County Judges All Trial Judges Judicial Performance Survey 2008 Page 6 ## Page 12 Rex A. Shaw Non-Attorney Survey Average: How biased do you think Judge Shaw is toward the defense or prosecution? Rex A. Shaw -0.6 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 13 Rex A. Shaw Non-Attorney Survey Average: How lenient or how harsh are Judge Shaw's sentences? Rex A. Shaw -0.7 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 14 Rex A. Shaw Non-Attorney Survey Retention Recommendation 100% 90% 85% 81% 80% 78% 75% 75% 74% 70% 60% 5500%% 40% 30% 20% 17% 17% 9% 9% 10% 8% 8% 8% 8% 8% 7% 7% 6% 5% 5% 3% 3% 2% 2% 0% 0% 0% 0% Including Undecided Excluding Undecided Judge Shaw All County Judges All Trial Judges Judicial Performance Survey 2008 Page 9 ## Page 15 Rex A. Shaw Non-Attorney Survey 1a. How would you grade Judge Shaw on "Giving proceedings a sense of dignity?" Judge All County All Trial Shaw Judges 2008 Judges 2008 A 69% 69% 73% B 31% 19% 18% C 0% 6% 4% D 0% 2% 2% Fail 0% 2% 2% No Grade 0% 2% 1% Average 3.7 3.5 3.6 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 1 ## Page 16 Rex A. Shaw Non-Attorney Survey 1b. How would you grade Judge Shaw on "Treating participants politely and with respect?" Judge All County All Trial Shaw Judges 2008 Judges 2008 A 85% 72% 76% B 8% 16% 14% C 0% 5% 4% D 0% 2% 2% Fail 8% 4% 3% No Grade 0% 1% 1% Average 3.6 3.5 3.6 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 2 ## Page 17 Rex A. Shaw Non-Attorney Survey 1c. How would you grade Judge Shaw on "Conducting [his/her] courtroom in a neutral manner?" Judge All County All Trial Shaw Judges 2008 Judges 2008 A 77% 70% 74% B 15% 16% 14% C 8% 5% 5% D 0% 2% 2% Fail 0% 4% 3% No Grade 0% 2% 1% Average 3.7 3.5 3.6 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 3 ## Page 18 Rex A. Shaw Non-Attorney Survey 1d. How would you grade Judge Shaw on "Having a sense of compassion and human understanding for those who appear before the judge?" Judge All County All Trial Shaw Judges 2008 Judges 2008 A 67% 65% 69% B 25% 18% 17% C 0% 6% 5% D 0% 3% 2% Fail 8% 5% 4% No Grade 0% 3% 3% Average 3.4 3.4 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 4 ## Page 19 Rex A. Shaw Non-Attorney Survey 2a. How would you grade Judge Shaw on "Giving participants an opportunity to be heard?" Judge All County All Trial Shaw Judges 2008 Judges 2008 A 85% 72% 75% B 8% 15% 14% C 0% 5% 4% D 0% 2% 2% Fail 0% 4% 3% No Grade 8% 2% 2% Average 3.9 3.5 3.6 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 5 ## Page 20 Rex A. Shaw Non-Attorney Survey 2b. How would you grade Judge Shaw on "Treating those involved in the case without bias?" Judge All County All Trial Shaw Judges 2008 Judges 2008 A 85% 70% 73% B 8% 15% 14% C 0% 4% 4% D 0% 3% 2% Fail 8% 5% 4% No Grade 0% 3% 3% Average 3.6 3.5 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 6 ## Page 21 Rex A. Shaw Non-Attorney Survey 2c. How would you grade Judge Shaw on "Treating fairly people who represent themselves?" Judge All County All Trial Shaw Judges 2008 Judges 2008 A 62% 52% 49% B 15% 11% 9% C 0% 4% 3% D 0% 2% 1% Fail 0% 4% 3% No Grade 23% 27% 35% Average 3.8 3.4 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 7 ## Page 22 Rex A. Shaw Non-Attorney Survey 2d. How would you grade Judge Shaw on "Giving each side enough time to present his or her case?" Judge All County All Trial Shaw Judges 2008 Judges 2008 A 69% 69% 72% B 23% 15% 14% C 0% 5% 4% D 0% 2% 2% Fail 0% 3% 3% No Grade 8% 6% 5% Average 3.8 3.5 3.6 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 8 ## Page 23 Rex A. Shaw Non-Attorney Survey 3a. How would you grade Judge Shaw on "Making sure participants understand the proceedings, and what's going on in the courtroom?" Judge All County All Trial Shaw Judges 2008 Judges 2008 A 77% 74% 76% B 15% 14% 14% C 0% 6% 5% D 8% 2% 2% Fail 0% 2% 2% No Grade 0% 2% 2% Average 3.6 3.6 3.6 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 9 ## Page 24 Rex A. Shaw Non-Attorney Survey 3b. How would you grade Judge Shaw on "Using language that everyone can understand?" Judge All County All Trial Shaw Judges 2008 Judges 2008 A 77% 74% 76% B 23% 17% 16% C 0% 5% 4% D 0% 1% 1% Fail 0% 1% 1% No Grade 0% 1% 1% Average 3.8 3.6 3.7 Letter Grade A- B+ A- Judicial Performance Survey 2008 Page 10 ## Page 25 Rex A. Shaw Non-Attorney Survey 3c. How would you grade Judge Shaw on "Speaking clearly so everyone in the courtroom can hear what's being said?" Judge All County All Trial Shaw Judges 2008 Judges 2008 A 77% 76% 78% B 23% 15% 14% C 0% 5% 4% D 0% 1% 1% Fail 0% 1% 1% No Grade 0% 1% 1% Average 3.8 3.7 3.7 Letter Grade A- A- A- Judicial Performance Survey 2008 Page 11 ## Page 26 Rex A. Shaw Non-Attorney Survey 4a. How would you grade Judge Shaw on "Beginning court on time?" Judge All County All Trial Shaw Judges 2008 Judges 2008 A 62% 59% 61% B 23% 23% 24% C 0% 9% 8% D 8% 3% 2% Fail 0% 3% 2% No Grade 8% 4% 4% Average 3.5 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 12 ## Page 27 Rex A. Shaw Non-Attorney Survey 4b. How would you grade Judge Shaw on "Maintaining appropriate control over proceedings?" Judge All County All Trial Shaw Judges 2008 Judges 2008 A 85% 75% 77% B 15% 16% 15% C 0% 5% 4% D 0% 1% 1% Fail 0% 1% 1% No Grade 0% 2% 2% Average 3.8 3.6 3.7 Letter Grade A- B+ A- Judicial Performance Survey 2008 Page 13 ## Page 28 Rex A. Shaw Non-Attorney Survey 4c. How would you grade Judge Shaw on "Setting reasonable schedules for cases?" Judge All County All Trial Shaw Judges 2008 Judges 2008 A 62% 59% 62% B 15% 17% 17% C 0% 6% 5% D 0% 1% 1% Fail 0% 2% 2% No Grade 23% 15% 13% Average 3.8 3.5 3.6 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 14 ## Page 29 Rex A. Shaw Non-Attorney Survey 4d. How would you grade Judge Shaw on "Being prepared for [his/her] cases?" Judge All County All Trial Shaw Judges 2008 Judges 2008 A 83% 67% 71% B 8% 15% 14% C 8% 5% 4% D 0% 2% 1% Fail 0% 3% 2% No Grade 0% 9% 8% Average 3.8 3.6 3.6 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 15 ## Page 30 Rex A. Shaw Non-Attorney Survey 4e. How would you grade Judge Shaw on "Managing court proceedings so that there is little wasted time?" Judge All County All Trial Shaw Judges 2008 Judges 2008 A 85% 64% 66% B 8% 20% 20% C 0% 7% 7% D 8% 2% 2% Fail 0% 3% 2% No Grade 0% 3% 3% Average 3.7 3.5 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 16 ## Page 31 Rex A. Shaw Non-Attorney Survey 5a. How would you grade Judge Shaw on "Giving reasons for rulings?" Judge All County All Trial Shaw Judges 2008 Judges 2008 A 83% 62% 65% B 8% 16% 16% C 0% 7% 5% D 0% 3% 2% Fail 0% 4% 3% No Grade 8% 9% 9% Average 3.9 3.4 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 17 ## Page 32 Rex A. Shaw Non-Attorney Survey 5b. How would you grade Judge Shaw on "Willing to make decision without regard to possible outside pressure?" Judge All County All Trial Shaw Judges 2008 Judges 2008 A 69% 57% 59% B 8% 12% 12% C 0% 4% 4% D 0% 2% 2% Fail 0% 4% 3% No Grade 23% 21% 20% Average 3.9 3.5 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 18 ## Page 33 Rex A. Shaw Non-Attorney Survey 5c. How would you grade Judge Shaw on "Being able to identify and analyze relevant facts?" Judge All County All Trial Shaw Judges 2008 Judges 2008 A 77% 64% 66% B 8% 14% 14% C 0% 5% 4% D 8% 3% 3% Fail 0% 4% 4% No Grade 8% 10% 10% Average 3.7 3.4 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 19 ## Page 34 Rex A. Shaw Non-Attorney Survey 6. How biased do you think Judge Shaw is towards the defense or the prosecution? Judge All County All Trial Shaw Judges 2008 Judges 2008 5 0% 2% 2% ⇑ 4 0% 2% 1% 3 0% 2% 2% 2 0% 2% 2% 1 0% 5% 5% 0 Neutral 86% 78% 82% -1 0% 3% 3% -2 0% 1% 1% -3 0% 1% 1% -4 14% 1% 1% ⇓ -5 0% 1% 1% Average -0.6 0.1 0.1 noitucesorP drawoT esnefeD drawoT Judicial Performance Survey 2008 Page 20 ## Page 35 Rex A. Shaw Non-Attorney Survey 7. How lenient or harsh do you think the sentences handed down by Judge Shaw are? Judge All County All Trial Shaw Judges 2008 Judges 2008 5 0% 3% 2% ⇑ 4 0% 2% 2% 3 0% 2% 2% 2 0% 3% 2% 1 0% 3% 3% 0 Appropriate 71% 73% 76% -1 14% 5% 5% -2 0% 3% 4% -3 0% 2% 2% -4 14% 2% 1% ⇓ -5 0% 2% 1% Average -0.7 0.0 0.0 hsraH oT thgiL oT Judicial Performance Survey 2008 Page 21 ## Page 36 Rex A. Shaw Non-Attorney Survey 12. Do you recommend that Judge Shaw be retained in office or not be retained in office? Judge All County All Trial Shaw Judges 2006 Judges 2008 Strongly Recommend 75% 81% 85% Retain in office Somewhat Recommend 17% 9% 8% Retain in office Somewhat Recommend Not 0% 3% 2% Retain in office Strongly Recommend Not Retain in office 8% 7% 5% Judicial Performance Survey 2008 Page 22 ## Page 37 MMeetthhooddoollooggyy ## Page 38 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 39 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 40 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 41 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 42 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 43 Rex A. Shaw Responses by Type Total No Undeliverable/ Other Non- Coop Role Type Sent Response Not Applicable Responses Completes Rate Attorneys Criminal District Attorneys 1 1 0 0 0 0.0% Defense Attorneys 4 1 3 0 0 0.0% Total Attorneys 5 2 3 0 0 100.0% Non-attorneys Criminal Defendant 83 58 13 0 12 17.1% Civil Litigant 1 0 0 0 1 100.0% Total Non-attorneys 84 58 13 0 13 81.7% Grand Total: 89 60 16 0 13 17.8% Judicial Performance Survey 2008 Page 1 ## Page 44 QQuueessttiioonnnnaaiirreess ## Page 45 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 46 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 47 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 48 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
    • Read full retention survey textexpand
      ## Page 1 State of Colorado Logo COMMISSION ON JUDICIAL PERFORMANCE 2004 Judicial Performance Survey TThhee HHoonnoorraabbllee RReexx AA.. SShhaaww ## Page 2 March 22, 2004 The Honorable Rex A. Shaw County Judge, 8th Judicial District P.O. Box 308 396 Lafever St. Walden, Co. 80480 Dear Judge Shaw: 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 Rex A. Shaw 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 Rex A. Shaw Attorney Survey Average Grades: Overall and by Section 3.5 Overall Average 3.4 3.3 3.4 Q1. Overall Case 3.4 Management 3.3 3.3 Q2. Overall App & 3.3 Knowldge of Law 3.2 3.8 Q3. Overall 3.6 Communications 3.5 3.6 Q4. Overall Demeanor 3.4 3.4 3.4 Q5. Overall Diligence 3.3 3.3 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Rex A. Shaw All County Judges All Trial Judges Judicial Performance Survey 2004 Page 1 ## Page 5 Judge Rex A. Shaw Attorney Survey Average Grades: Case Management 3.4 Q1. Overall Case Management 3.4 3.3 3.7 1a. Promptly making rulings 3.5 during trial 3.5 3.3 1b. Beginning court on time 3.3 3.4 3 1c. Allotting appropriate 3.3 amount of time for cases 3.3 3.1 1d. Keeping cases moving 3.4 according to schedule 3.3 4 1e. Assisting parties to reach 3.1 agreement 3 3.6 1f. Maintaining appropriate 3.5 control over proceedings 3.4 3.7 1g. Promptly ruling on pre-trial 3.3 motions 3.2 4 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 Rex A. Shaw All County Judges All Trial Judges Judicial Performance Survey 2004 Page 2 ## Page 6 Judge Rex A. Shaw Attorney Survey Average Grades: Application and Knowledge of Law 3.3 Q2. Overall App & Knowldge of 3.3 Law 3.2 3.1 2a. Basing decisions on 3.2 evidence and arguments 3.2 3.7 2b. Giving reasons for rulings 3.3 3.3 3.5 2c. Issuing written findings of 3 fact and law 3.1 3.3 2d. Willing to reconsider error 2.9 in fact or law 2.9 3.1 2e. Having knowledge of 3.2 relevant substantive law 3.2 2.8 2f. Having knowledge of rules 3.3 of procedure and evidence 3.3 3.1 2g. Being able to identify and 3.3 analyze relevant facts 3.3 2h. Issuing consistent 3.2 sentences when the 3.3 circumstances are similar 3.2 2i. Willing to make decision 3.4 without regard to possible 3.3 criticism 3.3 3.3 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 Rex A. Shaw Average Grade All County Judges All Trial Judges Judicial Performance Survey 2004 Page 3 ## Page 7 Judge Rex A. Shaw Attorney Survey Average Grades: Communications 3.7 Q3. Overall Communications 3.6 3.6 4 3a. Speaking clearly 3.5 3.5 3.7 3b. Making sure all participants understand the 3.6 proceedings 3.6 3.4 3c. Using understandable 3.6 language 3.6 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Rex A. Shaw Average Grade All County Judges All Trial Judges Judicial Performance Survey 2004 Page 4 ## Page 8 Judge Rex A. Shaw Attorney Survey Average Grades: Demeanor 3.6 Q4. Overall Demeanor 3.4 3.4 4 4a. Giving proceedings a 3.5 sense of dignity 3.5 3.9 4b. Treating everyone 3.4 involved politely 3.4 3.9 4c. Having empathy with the 3.2 parties involved 3.2 4 4d. Treating participants with 3.4 respect 3.4 3.3 4e. Presenting a neutral 3.3 presence on the bench 3.3 3.4 4f. Being consistent in his/her 3.4 behavior 3.3 4g. Conducting his/her 3.4 courtroom in a neutral 3.3 manner 3.3 3.7 4h. Giving all participants an 3.5 opportunity to be heard 3.4 3.4 4i. Consistently applying laws 3.3 and rules 3.3 3.4 4j. Not engaging in ex parte 3.5 communications 3.6 3.5 4k. Treating pro se parties 3.4 fairly 3.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Rex A. Shaw Average Grade All County Judges All Trial Judges Judicial Performance Survey 2004 Page 5 ## Page 9 Judge Rex A. Shaw Attorney Survey Average Grades: Diligence 3.4 Q5. Overall Diligence 3.3 3.2 3.2 5a. Making tough decisions 3.3 when necessary 3.3 3 5b. Using good judgment in application of relevant law and 3.2 rules 3.2 3.5 5c. Doing the necessary "homework" and being 3.3 prepared for his/her cases 3.2 5d. Being willing to handle 4 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 Rex A. Shaw All County Judges Average Grade All Trial Judges Judicial Performance Survey 2004 Page 6 ## Page 10 Judge Rex A. Shaw Attorney Survey Q6. Average: How biased do you think Judge Shaw is toward the defense or prosecution? Rex A. Shaw 1 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 Rex A. Shaw Attorney Survey Q7. Average: How lenient or how harsh are Judge Shaw's sentences? Rex A. Shaw 0.3 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 Rex A. Shaw Attorney Survey Retention Recommendation 120% 100% 100% 100% 80% 74% 73% 70% 69% 60% 40% 20% 17% 16% 16% 15% 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 Shaw Including Undecided Excluding Undecided All County Judges All Trial Judges Judicial Performance Survey 2004 Page 9 ## Page 13 Judge Rex A. Shaw Attorney Survey 1a. How would you grade Judge Shaw on "Promptly making rulings during trial?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 29% 51% 51% B 14% 22% 24% C 6% 6% D 1% 1% Fail 1% 1% No Grade 57% 19% 17% Average 3.7 3.5 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 1 ## Page 14 Judge Rex A. Shaw Attorney Survey 1b. How would you grade Judge Shaw on "Beginning court on time?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 43% 53% 54% B 43% 30% 29% C 14% 10% 9% D 3% 3% Fail 1% 1% No Grade 3% 4% Average 3.3 3.3 3.4 Letter Grade B B B+ Judicial Performance Survey 2004 Page 2 ## Page 15 Judge Rex A. Shaw Attorney Survey 1c. How would you grade Judge Shaw on "Allotting appropriate amount of time for cases?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 29% 50% 49% B 43% 31% 30% C 29% 9% 10% D 3% 3% Fail 1% 1% No Grade 6% 6% Average 3 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2004 Page 3 ## Page 16 Judge Rex A. Shaw Attorney Survey 1d. How would you grade Judge Shaw on "Keeping cases moving according to schedule?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 29% 52% 50% B 57% 31% 30% C 14% 9% 10% D 3% 4% Fail 1% 1% No Grade 5% 5% Average 3.1 3.4 3.3 Letter Grade B B+ B Judicial Performance Survey 2004 Page 4 ## Page 17 Judge Rex A. Shaw Attorney Survey 1e. How would you grade Judge Shaw on "Assisting parties to reach agreement?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 33% 21% 25% B 16% 18% C 8% 10% D 3% 4% Fail 2% 2% No Grade 67% 51% 41% Average 4 3.1 3 Letter Grade A B B Judicial Performance Survey 2004 Page 5 ## Page 18 Judge Rex A. Shaw Attorney Survey 1f. How would you grade Judge Shaw on "Maintaining appropriate control over proceedings?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 57% 59% 58% B 43% 27% 27% C 8% 8% D 2% 2% Fail 1% 1% No Grade 4% 3% Average 3.6 3.5 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2004 Page 6 ## Page 19 Judge Rex A. Shaw Attorney Survey 1g. How would you grade Judge Shaw on "Promptly ruling on pre-trial motions?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 29% 41% 39% B 14% 21% 24% C 8% 10% D 3% 4% Fail 1% 2% No Grade 57% 27% 21% Average 3.7 3.3 3.2 Letter Grade A- B B Judicial Performance Survey 2004 Page 7 ## Page 20 Judge Rex A. Shaw Attorney Survey 1h. How would you grade Judge Shaw on "Promptly issuing a decision on the case after trial?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 43% 47% 44% B 20% 21% C 6% 7% D 1% 2% Fail 1% 2% No Grade 57% 25% 24% Average 4 3.5 3.4 Letter Grade A B+ B+ Judicial Performance Survey 2004 Page 8 ## Page 21 Judge Rex A. Shaw Attorney Survey 1i. How would you grade Judge Shaw on "Setting reasonable schedules for cases?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 43% 50% 47% B 43% 29% 30% C 9% 10% D 2% 3% Fail 1% 2% No Grade 14% 9% 8% Average 3.5 3.4 3.3 Letter Grade B+ B+ B Judicial Performance Survey 2004 Page 9 ## Page 22 Judge Rex A. Shaw Attorney Survey 2a. How would you grade Judge Shaw on "Basing decisions on evidence and arguments?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 29% 49% 49% B 57% 27% 27% C 14% 11% 10% D 5% 5% Fail 2% 3% No Grade 6% 6% Average 3.1 3.2 3.2 Letter Grade B B B Judicial Performance Survey 2004 Page 10 ## Page 23 Judge Rex A. Shaw Attorney Survey 2b. How would you grade Judge Shaw on "Giving reasons for rulings?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 71% 51% 51% B 29% 27% 27% C 10% 10% D 4% 5% Fail 1% 2% No Grade 6% 5% Average 3.7 3.3 3.3 Letter Grade A- B B Judicial Performance Survey 2004 Page 11 ## Page 24 Judge Rex A. Shaw Attorney Survey 2c. How would you grade Judge Shaw on "Issuing written findings of fact and law?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 33% 19% 27% B 33% 11% 17% C 8% 9% D 3% 3% Fail 2% 2% No Grade 33% 57% 42% Average 3.5 3 3.1 Letter Grade B+ B B Judicial Performance Survey 2004 Page 12 ## Page 25 Judge Rex A. Shaw Attorney Survey 2d. How would you grade Judge Shaw on "Willing to reconsider error in fact or law?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 29% 27% 26% B 14% 19% 20% C 14% 11% 11% D 5% 5% Fail 3% 4% No Grade 43% 35% 34% Average 3.3 2.9 2.9 Letter Grade B B- B- Judicial Performance Survey 2004 Page 13 ## Page 26 Judge Rex A. Shaw Attorney Survey 2e. How would you grade Judge Shaw on "Having knowledge of relevant substantive law?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 29% 47% 46% B 57% 30% 31% C 14% 11% 11% D 4% 4% Fail 2% 2% No Grade 6% 5% Average 3.1 3.2 3.2 Letter Grade B B B Judicial Performance Survey 2004 Page 14 ## Page 27 Judge Rex A. Shaw Attorney Survey 2f. How would you grade Judge Shaw on "Having knowledge of rules of procedure and evidence?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 52% 52% B 83% 28% 29% C 17% 9% 9% D 3% 3% Fail 1% 1% No Grade 5% 5% Average 2.8 3.3 3.3 Letter Grade B- B B Judicial Performance Survey 2004 Page 15 ## Page 28 Judge Rex A. Shaw Attorney Survey 2g. How would you grade Judge Shaw on "Being able to identify and analyze relevant facts?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 29% 51% 51% B 57% 28% 28% C 14% 9% 10% D 4% 4% Fail 2% 2% No Grade 6% 5% Average 3.1 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2004 Page 16 ## Page 29 Judge Rex A. Shaw Attorney Survey 2h. How would you grade Judge Shaw on "Issuing consistent sentences when the circumstances are similar?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 14% 38% 27% B 71% 23% 17% C 7% 6% D 2% 2% Fail 2% 2% No Grade 14% 28% 46% Average 3.2 3.3 3.2 Letter Grade B B B Judicial Performance Survey 2004 Page 17 ## Page 30 Judge Rex A. Shaw Attorney Survey 2i. How would you grade Judge Shaw on "Willing to make decision without regard to possible criticism?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 29% 47% 47% B 43% 23% 23% C 9% 8% D 3% 3% Fail 3% 2% No Grade 29% 15% 17% Average 3.4 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2004 Page 18 ## Page 31 Judge Rex A. Shaw Attorney Survey 2j. How would you grade Judge Shaw on "Making decisions without fear of being appealed?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 14% 49% 48% B 29% 23% 22% C 7% 7% D 3% 3% Fail 2% 2% No Grade 57% 17% 18% Average 3.3 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2004 Page 19 ## Page 32 Judge Rex A. Shaw Attorney Survey 3a. How would you grade Judge Shaw on "Speaking clearly?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 71% 70% 67% B 29% 21% 23% C 6% 6% D 1% 1% Fail 0% 1% No Grade 2% 2% Average 3.7 3.6 3.6 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 20 ## Page 33 Judge Rex A. Shaw Attorney Survey 3b. How would you grade Judge Shaw on "Making sure all participants understand the proceedings?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 100% 66% 64% B 21% 23% C 7% 7% D 2% 2% Fail 1% 1% No Grade 3% 3% Average 4 3.5 3.5 Letter Grade A B+ B+ Judicial Performance Survey 2004 Page 21 ## Page 34 Judge Rex A. Shaw Attorney Survey 3c. How would you grade Judge Shaw on "Using understandable language?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 71% 69% 67% B 29% 21% 24% C 6% 6% D 1% 1% Fail 0% 0% No Grade 2% 2% Average 3.7 3.6 3.6 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 22 ## Page 35 Judge Rex A. Shaw Attorney Survey 4a. How would you grade Judge Shaw on "Giving proceedings a sense of dignity?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 100% 64% 63% B 24% 23% C 7% 7% D 2% 3% Fail 2% 2% No Grade 2% 2% Average 4 3.5 3.5 Letter Grade A B+ B+ Judicial Performance Survey 2004 Page 23 ## Page 36 Judge Rex A. Shaw Attorney Survey 4b. How would you grade Judge Shaw on "Treating everyone involved politely?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 86% 61% 63% B 14% 20% 20% C 9% 8% D 4% 4% Fail 3% 4% No Grade 2% 2% Average 3.9 3.4 3.4 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 24 ## Page 37 Judge Rex A. Shaw Attorney Survey 4c. How would you grade Judge Shaw on "Having empathy with the parties involved?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 86% 51% 51% B 14% 24% 24% C 11% 11% D 5% 5% Fail 4% 3% No Grade 5% 6% Average 3.9 3.2 3.2 Letter Grade A- B B Judicial Performance Survey 2004 Page 25 ## Page 38 Judge Rex A. Shaw Attorney Survey 4d. How would you grade Judge Shaw on "Treating participants with respect?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 100% 62% 62% B 21% 21% C 8% 8% D 4% 4% Fail 3% 3% No Grade 2% 2% Average 4 3.4 3.4 Letter Grade A B+ B+ Judicial Performance Survey 2004 Page 26 ## Page 39 Judge Rex A. Shaw Attorney Survey 4e. How would you grade Judge Shaw on "Presenting a neutral presence on the bench?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 43% 57% 58% B 43% 23% 23% C 14% 9% 9% D 5% 4% Fail 4% 3% No Grade 2% 3% Average 3.3 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2004 Page 27 ## Page 40 Judge Rex A. Shaw Attorney Survey 4f. How would you grade Judge Shaw on "Being consistent in his/her behavior?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 43% 58% 58% B 57% 22% 23% C 9% 9% D 3% 3% Fail 3% 3% No Grade 4% 4% Average 3.4 3.4 3.3 Letter Grade B+ B+ B Judicial Performance Survey 2004 Page 28 ## Page 41 Judge Rex A. Shaw Attorney Survey 4g. How would you grade Judge Shaw on "Conducting his/her courtroom in a neutral manner?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 43% 57% 59% B 57% 23% 23% C 9% 9% D 5% 4% Fail 3% 3% No Grade 3% 3% Average 3.4 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2004 Page 29 ## Page 42 Judge Rex A. Shaw Attorney Survey 4h. How would you grade Judge Shaw on "Giving all participants an opportunity to be heard?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 71% 61% 62% B 29% 24% 23% C 8% 7% D 2% 3% Fail 2% 2% No Grade 3% 3% Average 3.7 3.5 3.4 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 30 ## Page 43 Judge Rex A. Shaw Attorney Survey 4i. How would you grade Judge Shaw on "Consistently applying laws and rules?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 29% 54% 53% B 43% 24% 24% C 10% 10% D 4% 4% Fail 2% 3% No Grade 29% 6% 6% Average 3.4 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2004 Page 31 ## Page 44 Judge Rex A. Shaw Attorney Survey 4j. How would you grade Judge Shaw on "Not engaging in ex parte communications?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 43% 55% 56% B 14% 19% 17% C 14% 4% 4% D 2% 1% Fail 1% 1% No Grade 29% 20% 20% Average 3.4 3.5 3.6 Letter Grade B+ B+ B+ Judicial Performance Survey 2004 Page 32 ## Page 45 Judge Rex A. Shaw Attorney Survey 4k. How would you grade Judge Shaw on "Treating pro se parties fairly?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 29% 51% 45% B 29% 18% 15% C 5% 4% D 2% 1% Fail 3% 2% No Grade 43% 22% 33% Average 3.5 3.4 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2004 Page 33 ## Page 46 Judge Rex A. Shaw Attorney Survey 5a. How would you grade Judge Shaw on "Making tough decisions when necessary?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 14% 45% 47% B 57% 26% 25% C 9% 10% D 3% 3% Fail 1% 2% No Grade 29% 15% 14% Average 3.2 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2004 Page 34 ## Page 47 Judge Rex A. Shaw Attorney Survey 5b. How would you grade Judge Shaw on "Using good judgment in application of relevant law and rules?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 14% 48% 48% B 57% 28% 28% C 14% 11% 11% D 5% 5% Fail 3% 3% No Grade 14% 6% 5% Average 3 3.2 3.2 Letter Grade B B B Judicial Performance Survey 2004 Page 35 ## Page 48 Judge Rex A. Shaw Attorney Survey 5c. How would you grade Judge Shaw on "Doing the necessary "homework" and being prepared for his/her cases?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 43% 47% 47% B 43% 27% 27% C 10% 11% D 4% 4% Fail 2% 3% No Grade 14% 11% 9% Average 3.5 3.3 3.2 Letter Grade B+ B B Judicial Performance Survey 2004 Page 36 ## Page 49 Judge Rex A. Shaw Attorney Survey 5d. How would you grade Judge Shaw on "Being willing to handle cases on the docket even when they are complicatedand time consuming?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 43% 48% 47% B 22% 22% C 8% 8% D 3% 3% Fail 2% 2% No Grade 57% 17% 17% Average 4 3.4 3.3 Letter Grade A B+ B Judicial Performance Survey 2004 Page 37 ## Page 50 Judge Rex A. Shaw Attorney Survey 5e. How would you grade Judge Shaw on "Providing prompt access to the court in emergency matters?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 43% 38% 37% B 14% 16% 16% C 5% 6% D 2% 2% Fail 2% 2% No Grade 43% 37% 37% Average 3.8 3.4 3.3 Letter Grade A- B+ B Judicial Performance Survey 2004 Page 38 ## Page 51 Judge Rex A. Shaw Attorney Survey 6. How biased do you think Judge Shaw is towards the defense or the prosecution? Judge All County All Trial Shaw Judges 2004 Judges 2004 5 4% 3% 4 3% 3% 3 6% 6% 2 43% 13% 12% 1 14% 18% 16% 43% 49% 49% -1 4% 4% -2 2% 2% -3 1% 1% -4 1% 1% -5 0% 1% Average 1 0.8 0.7 noitucesorP drawoT esnefeD drawoT Ý 0 Neutral ß Judicial Performance Survey 2004 Page 39 ## Page 52 Judge Rex A. Shaw Attorney Survey 7. How lenient or harsh do you think the sentences handed down by Judge Shaw are? Judge All County All Trial Shaw Judges 2004 Judges 2004 5 3% 2% 4 3% 2% 3 5% 5% 2 14% 9% 9% 1 14% 13% 12% 57% 59% 58% -1 14% 4% 5% -2 2% 2% -3 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 Rex A. Shaw Attorney Survey 12. Do you recommend that Judge Shaw be retained in office or not be retained in office? Judge All County All Trial Shaw Judges 2004 Judges 2004 Strongly Recommend 100% 73% 74% Retain in office Somewhat Recommend 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 Rex A. Shaw Non Attorney Survey Average Grades: Overall and by Section 3.4 Overall Average 3.3 3.3 3.4 Q1. Overall Demeanor 3.3 3.3 3.3 Q2. Overall Fairness 3.3 3.3 3.7 Q3. Overall 3.5 Communications 3.5 3.2 Q4. Overall Diligence 3.3 3.3 3.2 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 Rex A. Shaw All County Judges All Trial Judges Judicial Performance Survey 2004 Page 1 ## Page 55 Judge Rex A. Shaw Non Attorney Survey Average Grades: Demeanor 3.4 Q1. Overall Demeanor 3.2 3.3 3.5 1a. Giving proceedings a 3.3 sense of dignity 3.4 3.4 1b. Treating participants 3.3 politely and with respect 3.4 3.4 1c. Conducting his/her courtroom in a neutral 3.2 manner 3.3 3.4 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 Rex A. Shaw Average Grade All County Judges All Trial Judges Judicial Performance Survey 2004 Page 2 ## Page 56 Judge Rex A. Shaw Non Attorney Survey Average Grades: Fairness 3.3 Q2. Overall Fairness 3.3 3.3 3.5 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 3.4 2c. Treating fairly people who 3.2 represent themselves 3.3 3.5 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 Rex A. Shaw All County Judges All Trial Judges Judicial Performance Survey 2004 Page 3 ## Page 57 Judge Rex A. Shaw Non Attorney Survey Average Grades: Communications 3.7 Q3. Overall Communications 3.4 3.5 3.6 3a. Making sure all participants understand the 3.4 proceedings 3.4 3.7 3b. Using language that 3.4 everyone can understand 3.5 3.7 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 Rex A. Shaw Average Grade All County Judges All Trial Judges Judicial Performance Survey 2004 Page 4 ## Page 58 Judge Rex A. Shaw Non Attorney Survey Average Grades: Diligence 3.2 Q4. Overall Diligence 3.3 3.3 2.8 4a. Beginning court on time 3.2 3.2 3.5 4b. Maintaining appropriate 3.5 control over proceedings 3.5 3.6 4c. Setting reasonable 3.3 schedules for cases 3.3 3.3 4d. Being prepared for his or 3.3 her cases 3.4 3.1 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 Rex A. Shaw All County Judges Average Grade All Trial Judges Judicial Performance Survey 2004 Page 5 ## Page 59 Judge Rex A. Shaw Non Attorney Survey Average Grades: Application and Knowledge of Law 3.2 Q5. Overall App of Law 3.2 3.2 3.5 5a. Giving reasons for rulings 3.2 3.2 2.9 5b. Willing to make decision without regard to possible 3.2 outside pressure 3.2 3.3 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 Rex A. Shaw Average Grade All County Judges All Trial Judges Judicial Performance Survey 2004 Page 6 ## Page 60 Judge Rex A. Shaw Non Attorney Survey Q6. Average: How biased do you think Judge Shaw is toward the defense or prosecution? Rex A. Shaw 0.3 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 Rex A. Shaw Non Attorney Survey Q7. Average: How lenient or how harsh are Judge Shaw's sentences? Rex A. Shaw -1.6 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 Rex A. Shaw Non Attorney Survey Retention Recommendation 90% 85% 85% 80% 74% 72% 70% 67% 65% 60% 50% 40% 30% 20% 11%11% 11%11% 10%10% 10% 10%10% 9% 10% 8% 8% 8% 8% 6% 5% 5% 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 Shaw Including Undecided Excluding Undecided All County Judges All Trial Judges Judicial Performance Survey 2004 Page 9 ## Page 63 Judge Rex A. Shaw Non Attorney Survey 1a. How would you grade Judge Shaw on "Giving proceedings a sense of dignity?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 59% 58% 60% B 18% 23% 23% C 12% 9% 8% D 4% 3% Fail 3% 3% No Grade 12% 3% 3% Average 3.5 3.3 3.4 Letter Grade B+ B B+ Judicial Performance Survey 2004 Page 1 ## Page 64 Judge Rex A. Shaw Non Attorney Survey 1b. How would you grade Judge Shaw on "Treating participants politely and with respect?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 53% 61% 63% B 24% 19% 19% C 18% 9% 8% D 5% 4% Fail 4% 4% No Grade 6% 3% 2% Average 3.4 3.3 3.4 Letter Grade B+ B B+ Judicial Performance Survey 2004 Page 2 ## Page 65 Judge Rex A. Shaw Non Attorney Survey 1c. How would you grade Judge Shaw on "Conducting his/her courtroom in a neutral manner?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 71% 59% 61% B 12% 19% 18% C 9% 8% D 6% 5% 4% Fail 6% 5% 5% No Grade 6% 3% 3% Average 3.4 3.2 3.3 Letter Grade B+ B B Judicial Performance Survey 2004 Page 3 ## Page 66 Judge Rex A. Shaw Non Attorney Survey 1d. How would you grade Judge Shaw on "Having a sense of compassion and human understanding for those who appear before the judge?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 59% 54% 56% B 18% 20% 20% C 18% 10% 9% D 5% 4% Fail 7% 6% No Grade 6% 4% 4% Average 3.4 3.1 3.2 Letter Grade B+ B B Judicial Performance Survey 2004 Page 4 ## Page 67 Judge Rex A. Shaw Non Attorney Survey 2a. How would you grade Judge Shaw on "Giving participants an opportunity to be heard?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 59% 60% 62% B 24% 21% 20% C 12% 7% 7% D 4% 4% Fail 5% 4% No Grade 6% 4% 3% Average 3.5 3.3 3.4 Letter Grade B+ B B+ Judicial Performance Survey 2004 Page 5 ## Page 68 Judge Rex A. Shaw Non Attorney Survey 2b. How would you grade Judge Shaw on "Treating those involved in the case without bias?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 41% 58% 60% B 35% 19% 18% C 6% 7% 7% D 5% 4% Fail 12% 7% 7% No Grade 6% 4% 4% Average 3.0 3.2 3.2 Letter Grade B B B Judicial Performance Survey 2004 Page 6 ## Page 69 Judge Rex A. Shaw Non Attorney Survey 2c. How would you grade Judge Shaw on "Treating fairly people who represent themselves?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 53% 47% 45% B 12% 15% 14% C 12% 6% 5% D 6% 4% 3% Fail 6% 5% No Grade 18% 23% 29% Average 3.4 3.2 3.3 Letter Grade B+ B B Judicial Performance Survey 2004 Page 7 ## Page 70 Judge Rex A. Shaw Non Attorney Survey 2d. How would you grade Judge Shaw on "Giving each side enough time to present his or her case?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 65% 57% 59% B 18% 20% 19% C 6% 8% 7% D 6% 3% 3% Fail 4% 4% No Grade 6% 8% 7% Average 3.5 3.3 3.4 Letter Grade B+ B B+ Judicial Performance Survey 2004 Page 8 ## Page 71 Judge Rex A. Shaw Non Attorney Survey 3a. How would you grade Judge Shaw on "Making sure all participants understand the proceedings, and what's going on in the courtroom?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 71% 63% 64% B 12% 20% 19% C 12% 8% 8% D 4% 3% Fail 3% 3% No Grade 6% 3% 3% Average 3.6 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2004 Page 9 ## Page 72 Judge Rex A. Shaw Non Attorney Survey 3b. How would you grade Judge Shaw on "Using language that everyone can understand?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 71% 63% 64% B 18% 21% 21% C 6% 8% 8% D 3% 3% Fail 2% 2% No Grade 6% 3% 3% Average 3.7 3.4 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 10 ## Page 73 Judge Rex A. Shaw Non Attorney Survey 3c. How would you grade Judge Shaw on "Speaking clearly so everyone in the courtroom can hear what's being said?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 65% 66% 66% B 29% 20% 20% C 7% 7% D 2% 2% Fail 2% 2% No Grade 6% 3% 3% Average 3.7 3.5 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 11 ## Page 74 Judge Rex A. Shaw Non Attorney Survey 4a. How would you grade Judge Shaw on "Beginning court on time?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 29% 50% 52% B 41% 25% 25% C 12% 11% 10% D 4% 4% Fail 12% 5% 4% No Grade 6% 5% 5% Average 2.8 3.2 3.2 Letter Grade B- B B Judicial Performance Survey 2004 Page 12 ## Page 75 Judge Rex A. Shaw Non Attorney Survey 4b. How would you grade Judge Shaw on "Maintaining appropriate control over proceedings?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 65% 63% 64% B 18% 22% 21% C 6% 7% 7% D 6% 3% 3% Fail 2% 2% No Grade 6% 3% 3% Average 3.5 3.5 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2004 Page 13 ## Page 76 Judge Rex A. Shaw Non Attorney Survey 4c. How would you grade Judge Shaw on "Setting reasonable schedules for cases?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 65% 48% 51% B 6% 23% 21% C 6% 8% 8% D 6% 3% 3% Fail 3% 3% No Grade 18% 15% 14% Average 3.6 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2004 Page 14 ## Page 77 Judge Rex A. Shaw Non Attorney Survey 4d. How would you grade Judge Shaw on "Being prepared for his or her cases?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 65% 56% 58% B 6% 21% 19% C 6% 8% 7% D 18% 3% 3% Fail 3% 4% No Grade 6% 9% 9% Average 3.3 3.3 3.4 Letter Grade B B B+ Judicial Performance Survey 2004 Page 15 ## Page 78 Judge Rex A. Shaw Non Attorney Survey 4e. How would you grade Judge Shaw on "Managing court proceedings so that there is little wasted time?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 41% 53% 54% B 29% 25% 24% C 12% 10% 10% D 12% 4% 4% Fail 4% 4% No Grade 6% 5% 5% Average 3.1 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2004 Page 16 ## Page 79 Judge Rex A. Shaw Non Attorney Survey 5a. How would you grade Judge Shaw on "Giving reasons for rulings?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 59% 52% 54% B 18% 20% 20% C 9% 8% D 4% 4% Fail 6% 6% 5% No Grade 18% 9% 9% Average 3.5 3.2 3.2 Letter Grade B+ B B Judicial Performance Survey 2004 Page 17 ## Page 80 Judge Rex A. Shaw Non Attorney Survey 5b. How would you grade Judge Shaw on "Willing to make decision without regard to possible outside pressure?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 47% 48% 50% B 18% 17% 16% C 7% 7% D 4% 3% Fail 18% 6% 6% No Grade 18% 18% 18% Average 2.9 3.2 3.2 Letter Grade B- B B Judicial Performance Survey 2004 Page 18 ## Page 81 Judge Rex A. Shaw Non Attorney Survey 5c. How would you grade Judge Shaw on "Being able to identify and analyze relevant facts?" Judge All County All Trial Shaw Judges 2004 Judges 2004 A 53% 53% 55% B 18% 19% 18% C 18% 8% 7% D 6% 4% 4% Fail 6% 6% No Grade 6% 9% 9% Average 3.3 3.2 3.2 Letter Grade B B B Judicial Performance Survey 2004 Page 19 ## Page 82 Judge Rex A. Shaw Non Attorney Survey 6. How biased do you think Judge Shaw is towards the defense or the prosecution? Judge All County All Trial Shaw Judges 2004 Judges 2004 5 4% 3% 4 13% 3% 2% 3 2% 2% 2 13% 3% 3% 1 6% 6% 50% 68% 70% -1 4% 4% -2 25% 3% 3% -3 3% 2% -4 1% 2% -5 2% 2% Average 0.3 0.2 0.1 noitucesorP drawoT esnefeD drawoT Ý 0 Neutral ß Judicial Performance Survey 2004 Page 20 ## Page 83 Judge Rex A. Shaw Non Attorney Survey 7. How lenient or harsh do you think the sentences handed down by Judge Shaw are? Judge All County All Trial Shaw Judges 2004 Judges 2004 5 5% 4% 4 3% 2% 3 3% 3% 2 3% 3% 1 4% 4% 43% 60% 62% -1 6% 7% -2 29% 6% 6% -3 14% 5% 5% -4 14% 2% 2% -5 3% 2% Average -1.6 0.0 -0.1 hsraH thgiL Ý 0 Appropriate ß Judicial Performance Survey 2004 Page 21 ## Page 84 Judge Rex A. Shaw Non Attorney Survey 12. Do you recommend that Judge Shaw be retained in office or not be retained in office? Judge All County All Trial Shaw Judges 2004 Judges 2004 Strongly Recommend 85% 72% 74% Retain in office Somewhat Recommend 11% 11% Retain in office Somewhat Recommend Not 8% 6% 5% Retain in office Strongly Recommend Not Retain in office 8% 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 Rex A. Shaw Responses by Type Total Other Non- Coop Role Type Sent Completes Refusals Undeliverable Responses Rate District Attorney 1 1 0 0 0 100.0% Attorney For Defendant 12 6 0 2 0 60.0% Guardian ad Litem Unknown Attorney Type 1 0 0 0 0 0.0% Sub Total: 14 7 0 2 0 58.3% Defendant 77 14 1 8 1 20.3% Plaintiff 4 2 0 1 0 66.7% Law Enforcement 2 1 0 1 0 100.0% Employee 2 0 0 1 0 0.0% Juror Victim Other Sub Total: 85 17 1 11 1 23.0% Grand Total: 99 24 1 13 1 27.9% 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.

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