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Ryan J. Stuart

Trial Court · Arapahoe · Arapahoe

Meets Standards3 cycles on record

Evaluation history

  • 2022 retention cycle
    Trial Court · Arapahoe · Arapahoe
    Commission vote: 7 for · 0 against
    Meets Standards
    VotersRetained· 70.9% yes
    250,904 yes · 103,193 no50% needed to retain
    Retention Year: 2022 Recommendation: Meets Performance Standard 2022 Retention Survey Report (PDF) 2021 Interim Survey Report (PDF) Please click on the link below and email our staff Contact Us The Eighteenth Judicial District Commission on Judicial Performance finds, by a vote of 7-0 (with three Commissioners not participating), that Judge Ryan J. Stuart MEETS PERFORMANCE STANDARDS. The Colorado statutory judicial performance standards are integrity, legal knowledge, communication skills, judicial temperament, administrative performance, and service to the legal profession and the public. Judge Stuart presides over a criminal docket in Arapahoe County. Judge Stuart excelled in all of the performance criteria areas - case management, application and knowledge of law, communications, diligence, fairness, and demeanor. Judge Stuart is described as making well-reasoned rulings, professional and all around exceptional.  Judge Stuart consistently displays a calm temperament and respectful demeanor. Judge Stuart is noted as being intelligent, thoughtful and consistent.  Survey participants consistently remarked on Judge Stuart’s strengths, especially noting his knowledge of law, demeanor, and experience. Across the board, the feedback on Judge Stuart’s performance is exceptional and highly favorable. The 2022 Judicial Performance Survey for Judge Stuart received forty (40) responses; Judge Stuart achieved an overall performance rating of 3.6 of a possible 4.0, compared to all District Court Judges at a rating 3.4. Based on these findings, the Commission unanimously agrees that Judge Stuart meets judicial performance standards. The Commission met with Chief Judge Michelle A. Amico to discuss her interactions with Judge Stuart, as well as the District Attorney’s Office, Public Defender’s Office, Probation Department for feedback on Judge Stuart’s performance. The Commission personally interviewed Judge Stuart and reviewed his written self-evaluation. Members also observed Judge Stuart in court and reviewed 2022 Judicial Performance Survey responses from attorneys and non-attorneys. Among the survey questions was, "Based on your responses to the previous questions related to the performance evaluation criteria, do you think Judge Stuart meets judicial performance standards?" Of the attorneys responding to the survey, 96% answered yes, meets performance standards. Of the non-attorneys responding to the survey, 90% answered yes, meets performance standards.
  • 2018 retention cycle
    Trial Court · Jefferson · Jefferson
    Meets Standards
    VotersRetained· 74.8% yes
    183,696 yes · 61,777 no50% needed to retain
    Retention Year: 2018 Recommendation: Meets Performance Standard Reports: 2018 Retention Survey Report 2017 Interim Survey Report The First Judicial District Commission on Judicial Performance unanimously (10-0) agrees that County Court Judge Ryan James Stuart MEET PERFORMANCE STANDARDS. Judge Stuart was appointed to the Jefferson County Court in August 2012. Prior to appointment Judge Stuart served as a District Court Magistrate in the First Judicial District. Before this, Judge Stuart was a deputy district attorney in Jefferson County. Judge Stuart received his undergraduate degree from Stanford University, a Masters degree in Education from Harvard University, and his law degree from Georgetown University Law Center. Judge Stuart believes in the importance of community service to the judiciary and has demonstrated such by serving on the First Judicial District Bar Association’s Board of Trustees, judging high school mock trial competitions, and most recently co-found a charter middle/high school, where he serves as President of the Board of Directors. The Commission conducted a personal interview with Judge Stuart, reviewed written opinions he authored, observed him in court, reviewed comments from interested parties during the evaluation, and reviewed survey responses from attorneys and non-attorneys who had experience with Judge Stuart during the evaluation period. A total of 33 attorneys and 74 non-attorneys (staff, jurors and others) responded to the judicial performance surveys expressing their opinion of Judge Stuart.  Of the attorneys who responded, 91% believed Judge Stuart meets performance standards, 6% believed he does not meet performance standards and 3% had no opinion. Of the non-attorneys surveyed, 90% believe Judge Stuart meets performance standards, 6% believe he does not meet performance standards and 4% had no opinion. Judge Stuart presides over a mixed docket which primarily includes traffic, misdemeanor and criminal cases. Throughout the survey, the most common among the comments received were those describing Judge Stuart as fair and impartial, very knowledgeable of the law, and clear and concise oral and written rulings. Additionally, he maintains an even demeanor, treats all parties in the courtroom respectfully and maintains a professional decorum. During his interview with the Commission, Judge Stuart expressed the difficulty faced by the bench of an increasing caseload as well as a higher number of cases set for trial with limited resources. Always seeking ways to improve efficiency, he implemented a number of trial management strategies in his division which has resulted in better use of court time, ensuring parties are ready to proceed in a timely manner, and reducing overall number of cases set for trial. Judge Stuart feels his role as a County Court Judge is highly fulfilling. He shared his goal is to become more valuable in his judicial role and to have a positive impact on the community. Based on these findings the Commission unanimously agreed that Judge Stuart meets judicial performance standards.
  • 2014 retention cycle
    Trial Court · Jefferson · Jefferson
    Meets Standards(Retain)
    VotersRetained· 68.2% yes
    131,435 yes · 61,169 no50% needed to retain
    Retention Year: 2014 Recommendation: Meets Performance Standard Reports: 2014 Retention Survey Report (PDF) Need an accessible PDF Document Version? Please click on the link below and email our staff Contact Us The First Judicial District Commission on Judicial Performance unanimously recommends that Judge Ryan J. Stuart BE RETAINED. Judge Stuart was appointed to the Jefferson County Court in August, 2012. His immediately preceding position was as District Court Magistrate for the First Judicial District, Jefferson County.  Judge Stuart received his undergraduate degree from Stanford University, a Master’s degree in Education from Harvard University and his law degree from Georgetown University Law Center.  Since his appointment, Judge Stuart has participated in a national program focused on handling domestic violence cases, as well as other appropriate continuing education programs.  He has continued to involve himself in community service activities such as support for school/parent organizations and high school mock trial competitions. Of attorneys responding to a survey sent to attorneys and non-attorneys, 79% recommended Judge Stuart be retained, 12% not to retain, and 9% made no recommendation regarding retention.  Among non-attorneys responding to the survey, 90% recommended to retain, 6% not to retain, and 3% made no recommendation regarding retention.  Survey results among attorneys and non-attorneys who have appeared before Judge Stuart graded him as above the average for county judges being evaluated during this retention cycle.  Judge Stuart is graded particularly high in overall demeanor, treating those before him with respect and bringing dignity to the court.  Yet, the grading process reflects a perception of prosecution bias.  This perception concerns Judge Stuart.  In his interview with the Commission Judge Stuart pledged to address this perception in his effort to allow every person who comes before him in his courtroom to feel treated fairly. Judge Stuart has received high marks overall for his performance.  He is a positive new addition to the Jefferson County Court.  He recognizes and pledges to address the perception of prosecution bias reflected in the surveys.  Based on these findings, the Commission unanimously recommends that Judge Stuart BE RETAINED.

Surveys & reports

  • 2022 cycle
    • Read full interim survey textexpand
      ## Page 1 The Honorable Judge Ryan J. Stuart 2021 Judicial Performance Survey Report District Court Conducted by: 75 Washington Ave. Ste. 2C Portland, ME 04101 www.marketdecisions.com ## Page 2 Contents Summary of Results . 3 Overall Score . 3 Performance Scores . 4 Individual Category Scores . 5 Summary of Responses . 6 Detailed Report . 8 Case Management . 8 Application and Knowledge of Law . 9 Communications .10 Demeanor .11 Diligence .12 Fairness .14 Survey of Appellate Judges .15 Appendix 1. Survey Methods – Attorney and Non-attorney .16 Methodology and How to Read Results .16 Appendix 2. Survey Methodology - Appellate Judges.19 Methodology and How to Read Results .19 Appendix 3: Judge Response Counts by Type of Respondent .20 i ## Page 3 Summary of Results For Judge Stuart, 28 individuals completed surveys with at least a single rating question answered. This report reflects these 28 responses. Respondents rated judges on various questions using an A to F scale, in which the grades were then converted to the following numerical scores: A= 4, B=3, C=2, D=1 and Fail=0. An average score of 4.0 is the highest possible score and a 0.0 is the lowest possible score. Overall Score 4 3.7 3.4 3 2 1 0 Judge Stuart All District Judges Judge Stuart All District Judges Overall Grade 3.7 3.4 2021 Judicial Performance Survey Report for Judge Ryan J. Stuart 3 ## Page 4 Performance Scores 100% 88% 88% 82% 80% 76% 60% 40% 18% 20% 13% 13% 6% 6% 6% 5% 0% Judge Stuart All District Judges Judge Stuart All District Judges Attorneys Non-Attorneys Yes, meets performance standards No, does not meet performance standards No opinion Attorneys Non-Attorneys All All Judge Judge District District Stuart Stuart Judges Judges Yes, meets performance 88% 82% 88% 76% standards No, does not meet 6% 13% 13% 18% performance standards No opinion 6% 5% 0% 6% Note: All percentages in this report are rounded to the nearest percentage point. 2021 Judicial Performance Survey Report for Judge Ryan J. Stuart 4 ## Page 5 Individual Category Scores 0.0 1.0 2.0 3.0 4.0 3.7 Case Management 3.4 3.7 Application and Knowledge of Law 3.3 3.8 Communications 3.5 3.8 Diligence 3.3 3.7 Demeanor 3.4 3.8 Fairness 3.4 Judge Stuart All District Judges Judge All District Stuart Judges Case Management 3.7 3.4 Application and 3.7 3.3 Knowledge of Law Communications 3.8 3.5 Diligence 3.8 3.3 Demeanor 3.7 3.4 Fairness 3.8 3.4 2021 Judicial Performance Survey Report for Judge Ryan J. Stuart 5 ## Page 6 Summary of Responses Number Percent with Response with Group Responses Sufficient Rate Sufficient Knowledge Knowledge Attorneys 31 22% 52% 16 Non-Attorneys 14 - - 12 *Some non-attorney evaluations are self-selected, making calculating a response rate impossible. The non-attorney group includes staff, jurors, litigants, and witnesses including law enforcement officers. It also includes responses provided through the open Citizen feedback survey. Judge Stuart received 1 response(s) via the Citizen Feedback survey. Those responses are included with non- attorney results wherever applicable. However, as self-selected evaluations they cannot be included in response rates. 2021 Judicial Performance Survey Report for Judge Ryan J. Stuart 6 ## Page 7 2021 Judicial Performance Survey Report for Judge Ryan J. Stuart 7 ## Page 8 Detailed Report Case Management 0 1 2 3 4 Judge Stuart Overall 3.7 District Judges Overall 3.4 Judge Stuart Attorneys 3.8 Judge Stuart Non-Attorneys 3.6 Judge Stuart District Judges Judge Stuart Judge Stuart Number of Overall Overall Attorneys Non-Attorneys Responses Promptly issuing a decision on the 3.8 3.4 3.9 3.7 21 case after trial Maintaining appropriate control 3.8 3.5 3.9 3.6 23 over proceedings Promptly ruling on pre-trial 3.7 3.3 3.8 3.4 23 motions Setting reasonable schedules for 3.7 3.4 3.6 3.7 23 cases 2021 Judicial Performance Survey Report for Judge Ryan J. Stuart 8 ## Page 9 Application and Knowledge of Law 0 1 2 3 4 Judge Stuart Overall 3.7 District Judges Overall 3.3 Judge Stuart Attorneys 3.6 Judge Stuart Non-Attorneys 3.8 Judge Stuart District Judges Judge Stuart Judge Stuart Number of Overall Overall Attorneys Non-Attorneys Responses Being able to identify and analyze 3.7 3.3 3.7 3.7 27 relevant facts Basing decisions on evidence and 3.7 3.2 3.7 N/A 15 arguments Issuing consistent sentences when 3.6 3.3 3.6 N/A 15 the circumstances are similar Being fair and impartial to both 3.4 3.3 3.4 N/A 16 sides of the case Consistently applying laws and 3.7 3.2 3.7 N/A 16 rules Giving reasons for rulings 3.8 3.4 N/A 3.8 12 Willing to make decision without regard to possible outside 3.8 3.4 N/A 3.8 11 pressure 2021 Judicial Performance Survey Report for Judge Ryan J. Stuart 9 ## Page 10 Communications 0 1 2 3 4 Judge Stuart Overall 3.8 District Judges Overall 3.5 Judge Stuart Attorneys 3.8 Judge Stuart Non-Attorneys 3.8 Judge Stuart District Judges Judge Stuart Judge Stuart Number of Overall Overall Attorneys Non-Attorneys Responses Making sure all participants 3.8 3.5 3.8 3.8 28 understand the proceedings Providing written communications that are clear, thorough and well 3.7 3.3 3.7 N/A 14 reasoned Using language that everyone can 3.8 3.6 N/A 3.8 12 understand Speaking clearly so everyone in the courtroom can hear what’s 3.8 3.6 N/A 3.8 12 being said 2021 Judicial Performance Survey Report for Judge Ryan J. Stuart 10 ## Page 11 Demeanor 0 1 2 3 4 Judge Stuart Score 3.7 District Judges Overall 3.4 Judge Stuart Attorneys 3.7 Judge Stuart Non-Attorneys 3.7 Judge Stuart District Judges Judge Stuart Judge Stuart Number of Score Overall Attorneys Non-Attorneys Responses Giving proceedings a sense of dignity 3.7 3.5 3.8 3.6 28 Treating participants with respect 3.9 3.5 3.9 3.8 28 Conducting his/her courtroom in a 3.6 3.4 3.4 3.8 28 neutral manner Having a sense of compassion and human understanding for those who 3.7 3.4 N/A 3.7 11 appear before him/her 2021 Judicial Performance Survey Report for Judge Ryan J. Stuart 11 ## Page 12 Diligence 0 1 2 3 4 Judge Stuart Score 3.8 District Judges Overall 3.3 Judge Stuart Attorneys 3.8 Judge Stuart Non-Attorneys 3.8 Judge Stuart District Judges Judge Stuart Judge Stuart Number of Score Overall Attorneys Non-Attorneys Responses Using good judgment in application of relevant law and 3.7 3.2 3.7 N/A 15 rules Being willing to handle cases on the docket even when they are 3.9 3.4 3.9 N/A 16 complicated and time consuming Doing the necessary “homework” 3.8 3.3 3.8 N/A 16 and being prepared for cases Being willing to handle cases on the docket even when they are 3.8 3.6 N/A 3.8 12 complicated and time consuming Beginning court on time 3.8 3.5 N/A 3.8 12 Maintaining appropriate control 3.8 3.4 N/A 3.8 12 over proceedings Setting reasonable schedules for 3.5 3.3 N/A 3.5 8 cases 2021 Judicial Performance Survey Report for Judge Ryan J. Stuart 12 ## Page 13 Judge Stuart District Judges Judge Stuart Judge Stuart Number of Score Overall Attorneys Non-Attorneys Responses Managing court proceedings so 3.8 3.4 N/A 3.8 12 that there is little wasted time 2021 Judicial Performance Survey Report for Judge Ryan J. Stuart 13 ## Page 14 Fairness 0.0 1.0 2.0 3.0 4.0 Judge Stuart Score 3.8 District Judges Overall 3.4 Judge Stuart Attorneys Judge Stuart Non-Attorneys 3.8 Judge Stuart District Judges Judge Stuart Judge Stuart Number of Score Overall Attorneys Non-Attorneys Responses Giving participants an 3.8 3.4 N/A 3.8 12 opportunity to be heard Treating those involved in 3.8 3.4 N/A 3.8 12 the case without bias Treating fairly people who 3.7 3.4 N/A 3.7 7 represent themselves Giving each side enough time to present his or her 3.8 3.5 N/A 3.8 12 case 2021 Judicial Performance Survey Report for Judge Ryan J. Stuart 14 ## Page 15 Survey of Appellate Judges For Judge Stuart 3 appellate judges agreed they had worked with Judge Stuart enough to evaluate their performance. 0.0 1.0 2.0 3.0 4.0 Judge Stuart Score 3.7 District Judges Overall 3.6 District Judges Number of Judge Stuart Score Overall Responses Overall performance as a judge 3.7 3.6 3 2021 Judicial Performance Survey Report for Judge Ryan J. Stuart 15 ## Page 16 Appendix 1. Survey Methods – Attorney and Non- attorney Methodology and How to Read Results a. Response rates Attorneys During the 2021 administration, a total of 62,982 survey invitations were sent to 10,316 attorneys inviting them to evaluate judges and justices receiving interim reports in 2021. On average, each attorney was asked to evaluate 6.1 judges. In total 9,605 surveys were completed with an additional 7,234 responses where the attorney indicated that they did not have enough experience with the judge to be comfortable evaluating him or her. The response rate for the survey was 15% and the survey completion rate (the number of those familiar indicating they did not have sufficient familiarity to evaluate the judge) was 27%. Non-attorneys The 2021 administration expanded on contacting non-attorneys electronically. More non-attorney email addresses became available due to administrative changes in the courts. In total 34,758 non-attorneys were invited via email. Some non-attorney groups could self-select which judges they would like to evaluate. Court staff members were emailed a link that allowed them to self-select the judges wished to evaluate in their county or district. Jurors, in addition to email, could similarly self-select via publicly posted links. The public was also allowed to self-select via a separate public link. These methods allowed us to gather more data than previous cycles, however the inclusion of self-selected evaluations makes it impossible to calculate a response rate. In total 4,018 surveys were completed with an additional 1,590 responses where the respondent indicated that they did not have enough experience with the judge to be comfortable providing an evaluation. b. Methodology The 2021 attorney survey was conducted in 4 cycles online beginning on May 28th, 2020. Attorneys with appearances in front of judges in each quarter were sent a sent a series of email invitations. Invitations were emailed to attorneys with appearances during the first quarter of 2020 on May 28th, 2020. Reminders were sent on June 15th and July 8th, 2020. This process was repeated among attorneys with appearances in the second quarter of 2020 with email invitations sent on August 6th, 2020 and reminders was sent on August 25th, 2020. Invitations were emailed to attorneys with appearances during the third quarter of 2020 on November 9th, 2020. Reminders sent on November 19th and December 16th, 2020. The final data collection took place in January 2021. Invitations were emailed to attorneys with appearances during the 4th quarter of 2020 on January 21st, 2021. Reminders were sent on February 4th and 11th, 2021. Invitations were sent out on request throughout the data collection process. Data collection for non-attorneys began on January 1st, 2020 and ran through the response deadline of February 15th, 2021. Survey invitations were sent via email to most non-attorneys in quarterly batches mirroring the process used for attorneys. Court staff members were also invited via email, but using a different process. To help reduce administrative burden, the way that court staff were invited was changed for this cycle. Rather than be invited to evaluate specific judges, staff are now brought to a screen showing list of all judges in their district our county and allowed to choose which to evaluate. 2021 Judicial Performance Survey Report for Judge Ryan J. Stuart 16 ## Page 17 Jurors, in addition to email, were allowed to similarly self-select via publicly posted links. The general public was also allowed to self-select via a separate public link. This survey was open for the entire data collection period and data was downloaded for analysis on February 15th, 2021. During this period 61 valid responses were received. The survey remained open and any responses received after February 15thor for judges not receiving an evaluation in 2021 were held over for the 2022 evaluation cycle. Details on the responses from each group are detailed in the table below. Table 1: Non-Attorney completes by invitation method Invitation Method Invites Sent Completes Response Rate Non-attorney email 34,758 4,018 12% Court Staff Email Invite 3,141 1,779 N/A (Self-select) Citizen Feedback Unknown 61 N/A Juror Survey Unknown 597 N/A c. Questions In the core of the survey, attorneys evaluated district and county judges on 17 aspects of judicial performance and appellate judges on 12 aspects of judicial performance using a grade scale of A, B, C, D, or F. These aspects were grouped by topic into different categories, five for district and county judges and two for appellate judges. The district and county categories were: Case Management, Application and Knowledge of Law, Communications, Demeanor, and Diligence. Questions regarding appellate judges were divided into two categories, one for general questions and one specific to their writing (only asked of those who indicated they had experience with the judge or justice’s written opinions). In a final question, respondents were asked if they thought whether the judge met judicial performance standards The question wording for the core of the survey was carried over from the 2020 administration. The questions were originally developed in 1998 to meet the criteria outlined in statute 13-5.5-101 et seq. Non-attorney respondents evaluated judges on 19 aspects of judicial performance using the same grade scale of A, B, C, D, or Fail. In a final question, respondents were asked if they thought whether the judge met judicial performance standards. The overall structure of the survey was similar to the attorney survey, but the individual rating questions were tailored to aspects that could be rated by those without specific legal experience. d. Analysis and Reporting Letter grades were converted to a numerical score where A = 4, B = 3, C = 2, D = 1 and Fail = 0 for analysis. The results include an overall grade, a grade for each category, as well as a grade for each question. The overall score is calculated by averaging the responses to all questions answered by the attorneys. This score will have the same numerical range as the individual questions from zero to four. Each category score is calculated by averaging the responses to all questions answered by the attorney within each category. This score will have the same zero to four numerical range as the individual questions. Similarly, an average score is calculated for each individual question with the exception of the final question on meeting performance standards. The overall average and category scores will be reported for each judge along with the average scores for the judge’s peers. The average score (with the exception noted above) will also be reported for each question along with the peer group score. In addition, the report will include the distribution of responses for each question, i.e. the percentage of attorneys that assigned a rating of A, B, C, D, and F. The distribution of responses is also reported for the question on interim. 2021 Judicial Performance Survey Report for Judge Ryan J. Stuart 17 ## Page 18 e. Comments At the end of each group of questions respondents had the option of leaving comments about the judge’s performance in that area. By statute, these comments are confidential and only provided to the judge and the District Commission on Judicial Performance. They are not released to the public when the rest of the report is released. 2021 Judicial Performance Survey Report for Judge Ryan J. Stuart 18 ## Page 19 Appendix 2. Survey Methodology - Appellate Judges Methodology and How to Read Results a. Response rates Invitations were sent via email to all 29 Supreme Court justices and Court of Appeals judges. Of these, 3 completed the survey and felt they had sufficient knowledge of Judge Stuart to evaluate their performance. b. Methodology Appellate judges were surveyed to evaluate the performance of district judges standing for interim. This evaluation of district judges was conducted via an online survey hosted in the Voxco survey software. An email invitation was sent on January 21st, 2021. c. Questions Due to the large number of judges being evaluated, the district judge evaluation survey consisted of a single question pertaining to each judge. Appellate judges and justices were asked to evaluate the district judge’s overall performance as a judge on a grade scale of A-F with A being “Excellent” and F being “Fail”. In the survey, the district judges being evaluated were grouped by district with the districts presented in random order to reduce bias. d. Analysis and Reporting Letter grades were then converted to a numerical score where A = 4, B = 3, C = 2, D = 1 and Fail = 0 for analysis. The overall score is calculated by averaging the responses to all questions answered. This score will have the same numerical range as the individual questions from zero to four. The overall average will be reported for each judge along with the average scores for the judge’s peers. In addition, the report will include the distribution of responses for each question. That is, the percentage of respondents that assigned a rating of A, B, C, D, and F. e. Comments Respondents were given the option to leave supporting comments in a box next to where they graded each judge. By statute, these comments are confidential and only provided to the judge and the District Commission on Judicial Performance. They are not released to the public when the rest of the report is released. 2021 Judicial Performance Survey Report for Judge Ryan J. Stuart 19 ## Page 20 Appendix 3: Judge Response Counts by Type of Respondent Number of Undeliverable/ Cooperation Respondent Type Total Sent Completes* Responses Not Applicable Rate Attorney 142 31 0 16 52% Staff 4 0 4 - Others 73 4 0 8 - Total Non-Attorneys 73 8 - 12 - Total Respondents - 39 - 28 - *Completed surveys include respondents who said that they have sufficient experience to evaluate the judge. 2021 Judicial Performance Survey Report for Judge Ryan J. Stuart 20
    • Overall score
      3.6
      judge rating, 0–4 scale
      Attorneys recommend
      96%
      40 respondents
      Non-attorneys recommend
      90%
      respondent count not on record
      Read full retention survey textexpand
      ## Page 1 The Honorable Judge Ryan J. Stuart 2022 Judicial Performance Survey Report District Court Conducted by: 511 Congress Street, Suite 801 Portland, ME 04101 www.marketdecisions.com ## Page 2 Contents Summary of Results . 3 Overall Score . 3 Performance Scores . 4 Individual Category Scores . 5 Summary of Responses . 6 Detailed Report . 8 Case Management . 8 Application and Knowledge of Law . 9 Communications . 10 Demeanor . 11 Diligence . 12 Fairness . 13 Survey of Appellate Judges . 14 Appendix 1. Survey Methods – Attorney and Non-attorney . 15 Methodology and How to Read Results . 15 Appendix 2. Survey Methodology - Appellate Judges . 18 Methodology and How to Read Results . 18 Appendix 3: Judge Response Counts by Type of Respondent . 19 i ## Page 3 Summary of Results For Judge Stuart, 40 individuals completed surveys with at least a single rating question answered. This report reflects these 40 responses. Respondents rated judges on various questions using an A to F scale, in which the grades were then converted to the following numerical scores: A= 4, B=3, C=2, D=1 and Fail=0. An average score of 4.0 is the highest possible score and a 0.0 is the lowest possible score. Overall Score 4 3.6 3.4 3 2 1 0 Judge Stuart All District Judges Judge Stuart All District Judges Overall Grade 3.6 3.4 2022 Judicial Performance Survey Report for Judge Ryan J. Stuart 3 ## Page 4 Performance Scores 100% 96% 90% 83% 79% 80% 60% 40% 20% 16% 12% 10% 4% 4% 5% 0% Judge Stuart All District Judges Judge Stuart All District Judges Attorneys Non-Attorneys Yes, meets performance standards No, does not meet performance standards No opinion Attorneys Non-Attorneys All All Judge Judge District District Stuart Stuart Judges Judges Yes, meets performance 96% 83% 90% 79% standards No, does not meet 4% 12% 10% 16% performance standards No opinion 0% 4% 0% 5% Note: All percentages in this report are rounded to the nearest percentage point. 2022 Judicial Performance Survey Report for Judge Ryan J. Stuart 4 ## Page 5 Individual Category Scores 0.0 1.0 2.0 3.0 4.0 3.6 Case Management 3.4 3.6 Application and Knowledge of Law 3.3 3.7 Communications 3.5 3.7 Diligence 3.4 3.8 Demeanor 3.4 3.5 Fairness 3.3 Judge Stuart All District Judges Judge All District Stuart Judges Case Management 3.6 3.4 Application and Knowledge 3.6 3.3 of Law Communications 3.7 3.5 Diligence 3.7 3.4 Demeanor 3.8 3.4 Fairness 3.5 3.3 2022 Judicial Performance Survey Report for Judge Ryan J. Stuart 5 ## Page 6 Summary of Responses Percent Number Response with with Group Responses Rate Sufficient Sufficient Knowledge Knowledge Attorneys 40 22% 73% 29 Non- 11 - - 11 Attorneys *Some non-attorney evaluations are self-selected, making calculating a response rate impossible. The non-attorney group includes staff, jurors, litigants, and witnesses including law enforcement officers. It also includes responses provided through the open Citizen feedback survey. Judge Stuart received 0 response(s) via the Citizen Feedback survey. Those responses are included with non- attorney results wherever applicable. However, as self-selected evaluations they cannot be included in response rates. 2022 Judicial Performance Survey Report for Judge Ryan J. Stuart 6 ## Page 7 2022 Judicial Performance Survey Report for Judge Ryan J. Stuart 7 ## Page 8 Detailed Report Case Management 0 1 2 3 4 Judge Stuart Overall 3.6 District Judges Overall 3.4 Judge Stuart Attorneys 3.7 Judge Stuart Non-Attorneys 3.4 District Judge Stuart Judge Stuart Judge Stuart Number of Judges Non- Overall Attorneys Responses Overall Attorneys Promptly issuing a decision on 3.7 3.4 3.6 3.8 26 the case after trial Maintaining appropriate control 3.7 3.4 3.8 3.6 38 over proceedings Promptly ruling on pre-trial 3.5 3.3 3.6 3.2 36 motions Setting reasonable schedules for 3.6 3.4 3.7 3.6 37 cases 2022 Judicial Performance Survey Report for Judge Ryan J. Stuart 8 ## Page 9 Application and Knowledge of Law 0 1 2 3 4 Judge Stuart Overall 3.6 District Judges Overall 3.3 Judge Stuart Attorneys 3.7 Judge Stuart Non-Attorneys 3.5 District Judge Stuart Judge Stuart Judge Stuart Number of Judges Non- Overall Attorneys Responses Overall Attorneys Being able to identify and 3.7 3.3 3.7 3.5 36 analyze relevant facts Basing decisions on evidence 3.7 3.2 3.7 N/A 27 and arguments Issuing consistent sentences when the circumstances are 3.7 3.3 3.7 N/A 24 similar Consistently applying laws and 3.7 3.3 3.7 N/A 25 rules Giving reasons for rulings 3.4 3.2 N/A 3.4 10 Willing to make decisions without regard to possible 3.6 3.3 N/A 3.6 10 outside pressure 2022 Judicial Performance Survey Report for Judge Ryan J. Stuart 9 ## Page 10 Communications 0 1 2 3 4 Judge Stuart Overall 3.7 District Judges Overall 3.5 Judge Stuart Attorneys 3.7 Judge Stuart Non-Attorneys 3.7 District Judge Stuart Judge Stuart Judge Stuart Number of Judges Non- Overall Attorneys Responses Overall Attorneys Making sure all participants 3.8 3.5 3.8 3.8 37 understand the proceedings Providing written communications that are clear, 3.6 3.3 3.6 N/A 25 thorough and well-reasoned Using language that everyone 3.7 3.6 N/A 3.7 10 can understand Speaking clearly so everyone in the courtroom can hear what’s 3.7 3.6 N/A 3.7 10 being said 2022 Judicial Performance Survey Report for Judge Ryan J. Stuart 10 ## Page 11 Demeanor 0 1 2 3 4 Judge Stuart Score 3.8 District Judges Overall 3.4 Judge Stuart Attorneys 3.8 Judge Stuart Non-Attorneys 3.8 District Judge Stuart Judge Stuart Judge Stuart Number of Judges Non- Score Attorneys Responses Overall Attorneys Giving proceedings a sense of dignity 3.8 3.5 3.7 3.8 37 Treating participants with respect 3.8 3.4 3.8 3.9 37 Having a sense of compassion and human understanding for those who 3.7 3.2 N/A 3.7 10 appear before him/her 2022 Judicial Performance Survey Report for Judge Ryan J. Stuart 11 ## Page 12 Diligence 0 1 2 3 4 Judge Stuart Score 3.7 District Judges Overall 3.4 Judge Stuart Attorneys 3.7 Judge Stuart Non-Attorneys 3.6 District Judge Stuart Judge Stuart Judge Stuart Number of Judges Non- Score Attorneys Responses Overall Attorneys Using good judgment in application of relevant law and 3.6 3.2 3.6 N/A 26 rules Being willing to handle cases on the docket even when they are 3.7 3.4 3.7 N/A 22 complicated and time consuming Doing the necessary “homework” and being prepared 3.8 3.4 3.8 N/A 26 for cases Beginning court on time. 3.6 3.5 N/A 3.6 10 Maintaining appropriate control 3.7 3.5 N/A 3.7 10 over proceedings Setting reasonable schedules for 3.6 3.4 N/A 3.6 10 cases Being prepared for cases. 3.6 3.4 N/A 3.6 10 Managing court proceedings so 3.6 3.4 N/A 3.6 10 that there is little wasted time 2022 Judicial Performance Survey Report for Judge Ryan J. Stuart 12 ## Page 13 Fairness 0.0 1.0 2.0 3.0 4.0 Judge Stuart Score 3.5 District Judges Overall 3.3 Judge Stuart Attorneys 3.6 Judge Stuart Non-Attorneys 3.5 Judge Stuart District Judge Stuart Judge Stuart Number of Score Judges Overall Attorneys Non-Attorneys Responses Giving participants an 3.4 3.3 N/A 3.4 10 opportunity to be heard Treating those involved 3.6 3.2 N/A 3.6 10 in the case without bias Treating fairly people who represent 3.7 3.3 N/A 3.7 9 themselves Giving each side enough time to present his or her 3.4 3.3 N/A 3.4 10 case Conducting their courtroom in a neutral 3.6 3.3 3.5 3.7 36 manner. Being fair and impartial 3.6 3.3 3.6 N/A 26 to both sides. 2022 Judicial Performance Survey Report for Judge Ryan J. Stuart 13 ## Page 14 Survey of Appellate Judges For Judge Stuart 4 appellate judges agreed they had worked with Judge Stuart enough to evaluate their performance. 0.0 1.0 2.0 3.0 4.0 Judge Stuart Score 3.3 District Judges Overall 3.7 District Judges Number of Judge Stuart Score Overall Responses Overall performance as a judge 3.3 3.7 4 2022 Judicial Performance Survey Report for Judge Ryan J. Stuart 14 ## Page 15 Appendix 1. Survey Methods – Attorney and Non- attorney Methodology and How to Read Results For Judge Stuart, 40 individuals completed surveys with at least a single rating question answered. This report reflects these 40 responses. The survey results are divided into eight sections: Case Management, Application and Knowledge of Law, Communications, Demeanor, Diligence, Fairness, Strengths, and Weaknesses. a. Response rates Attorneys During the administration, a total of 89,078 survey invitations were sent to 10,845 attorneys inviting them to evaluate judges and justices receiving reports in 2022. On average, each attorney was asked to evaluate 8.2 judges. In total 9,005 surveys were completed with an additional 9,895 responses where the attorney indicated that they did not have enough experience with the judge to be comfortable evaluating him or her. The response rate for the survey was 10% and the survey completion rate (the number of those familiar indicating they did not have sufficient familiarity to evaluate the judge) was 21%. Non-attorneys The 2022 administration expanded on contacting non-attorneys electronically. More non-attorney email addresses became available due to administrative changes in the courts. In total 86,758 non-attorneys were invited via email. Some non-attorney groups could self-select which judges they would like to evaluate. Court staff members were emailed a link that allowed them to self-select the judges wished to evaluate in their county or district. Jurors, in addition to email, could similarly self-select via publicly posted links. The public was also allowed to self-select via a separate public link. These methods allowed us to gather more data than previous cycles, however the inclusion of self-selected evaluations makes it impossible to calculate a response rate. In total 5,463 surveys were completed with an additional 2,466 responses where the respondent indicated that they did not have enough experience with the judge to be comfortable providing an evaluation. b. Methodology The 2022 attorney survey was conducted in 4 cycles online beginning on June 15th, 2021. Attorneys with appearances in front of judges in each quarter were sent a sent a series of email invitations. Invitations were emailed to attorneys with appearances during the first quarter of 2021 on June 15th, 2021. Reminders were sent on June 30th and July 9th, 2021. This process was repeated among attorneys with appearances in the second quarter of 2021 with email invitations sent on August 23rd, 2021 and reminders was sent on September 2nd, 2021 and September 14th, 2021. Invitations were emailed to attorneys with appearances during the third quarter of 2021 on November 9th, 2021. Reminders sent on November 18th and December 2nd, 2021. The final data collection took place in January 2022. Invitations were emailed to attorneys with appearances during the 4th quarter of 2021 on January 19th, 2022. Reminders were sent on January 28th, February 2nd and 12th, 2022. Invitations were sent out on request throughout the data collection process. 2022 Judicial Performance Survey Report for Judge Ryan J. Stuart 15 ## Page 16 Data collection for non-attorneys began on January 1st, 2021 and ran through the response deadline of February 28th, 2022. Survey invitations were sent via email to most non-attorneys in quarterly batches mirroring the process used for attorneys. Court staff members were also invited via email but using a different process. To help reduce administrative burden, the way that court staff were invited was changed for this cycle. Rather than be invited to evaluate specific judges, staff are now brought to a screen showing list of all judges in their district our county and allowed to choose which to evaluate. Jurors, in addition to email, were allowed to similarly self-select via publicly posted links. The general public was also allowed to self-select via a separate public link. This survey was open for the entire data collection period and data was downloaded for analysis on February 28th, 2022. During this period 938 valid responses were received. The survey remained open and any responses received after February 28th or for judges not receiving an evaluation in 2022 were held over for the 2023 evaluation cycle. Details on the responses from each group are detailed in the table below. Table 1: Non-Attorney completes by invitation method Invitation Method Invites Sent Completes Response Rate Non-attorney email 90,845 6,068 7% Court Staff Email Invite 3,471 1,861 N/A (Self-select) Citizen Feedback Unknown 220 N/A Juror Survey Unknown 938 N/A c. Questions In the core of the survey, attorneys evaluated district and county judges on 17 aspects of judicial performance and appellate judges on 12 aspects of judicial performance using a grade scale of A, B, C, D, or F. These aspects were grouped by topic into different categories, five for district and county judges and two for appellate judges. The district and county categories were: Case Management, Application and Knowledge of Law, Communications, Demeanor, Diligence and fairness. Questions regarding appellate judges were divided into two categories, one for general questions and one specific to their writing (only asked of those who indicated they had experience with the judge or justice’s written opinions). In a final question, respondents were asked if they thought whether the judge met judicial performance standards The question wording for the core of the survey was carried over from the 2021 administration. The questions were originally developed in 1998 to meet the criteria outlined in statute 13-5.5-101 et seq. Non-attorney respondents evaluated judges on 23 aspects of judicial performance using the same grade scale of A, B, C, D, or Fail. In a final question, respondents were asked if they thought whether the judge met judicial performance standards. The overall structure of the survey was similar to the attorney survey, but the individual rating questions were tailored to aspects that could be rated by those without specific legal experience. d. Analysis and Reporting Letter grades were converted to a numerical score where A = 4, B = 3, C = 2, D = 1 and Fail = 0 for analysis. The results include an overall grade, a grade for each category, as well as a grade for each question. The overall score is calculated by averaging the responses to all questions answered by the attorneys. This score will have the same numerical range as the individual questions from zero to four. Each category score is calculated by averaging the responses to all questions answered by the attorney within each category. This score will have the same zero to four numerical range as the individual questions. Similarly, 2022 Judicial Performance Survey Report for Judge Ryan J. Stuart 16 ## Page 17 an average score is calculated for each individual question with the exception of the final question on meeting performance standards. The overall average and category scores will be reported for each judge along with the average scores for the judge’s peers. The average score (with the exception noted above) will also be reported for each question along with the peer group score. In addition, the report will include the distribution of responses for each question, i.e. the percentage of attorneys that assigned a rating of A, B, C, D, and F. The distribution of responses is also reported for the question on retention. e. Comments At the end of each group of questions respondents had the option of leaving comments about the judge’s performance in that area. By statute, these comments are confidential and only provided to the judge and the District Commission on Judicial Performance. They are not released to the public when the rest of the report is released. 2022 Judicial Performance Survey Report for Judge Ryan J. Stuart 17 ## Page 18 Appendix 2. Survey Methodology - Appellate Judges Methodology and How to Read Results a. Response rates Invitations were sent via email to all 39 Supreme Court justices and Court of Appeals judges. Of these, 4 completed the survey and felt they had sufficient knowledge of Judge Stuart to evaluate their performance. b. Methodology Appellate judges were surveyed to evaluate the performance of district judges standing for retention. This evaluation of district judges was conducted via an online survey hosted in the Voxco survey software. An email invitation was sent on January 21st, 2022. c. Questions Due to the large number of judges being evaluated, the district judge evaluation survey consisted of a single question pertaining to each judge. Appellate judges and justices were asked to evaluate the district judge’s overall performance as a judge on a grade scale of A-F with A being “Excellent” and F being “Fail”. In the survey, the district judges being evaluated were grouped by district with the districts presented in random order to reduce bias. d. Analysis and Reporting Letter grades were then converted to a numerical score where A = 4, B = 3, C = 2, D = 1 and Fail = 0 for analysis. The overall score is calculated by averaging the responses to all questions answered. This score will have the same numerical range as the individual questions from zero to four. The overall average will be reported for each judge along with the average scores for the judge’s peers. In addition, the report will include the distribution of responses for each question. That is, the percentage of respondents that assigned a rating of A, B, C, D, and F. e. Comments Respondents were given the option to leave supporting comments in a box next to where they graded each judge. By statute, these comments are confidential and only provided to the judge and the District Commission on Judicial Performance. They are not released to the public when the rest of the report is released. 2022 Judicial Performance Survey Report for Judge Ryan J. Stuart 18 ## Page 19 Appendix 3: Judge Response Counts by Type of Respondent Number of Cooperation Respondent Type Total Sent Completes* Responses Rate Attorney 182 40 29 73% Staff - 4 4 - Others 148 7 7 100% Juror - 0 0 - Citizen Feedback - 0 0 Total Non-Attorneys - 11 11 - Total Respondents - 51 40 - *Completed surveys include respondents who said that they have sufficient experience to evaluate the judge. 2022 Judicial Performance Survey Report for Judge Ryan J. Stuart 19
  • 2018 cycle
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      ## Page 1 The Honorable Ryan J. Stuart 2017 Judicial Performance Survey Report County Court Conducted by: 75 Washington Ave. Ste. 2C Portland, ME 04101 www.marketdecisions.com ## Page 2 Contents Summary of Results . 1 Overall Score . 1 Retention Scores . 2 Individual Category Scores . 3 Summary of Responses . 4 Survey of Attorneys . 5 Methodology and How to Read Results . 5 Retention . 8 Case Management . 9 Application and Knowledge of Law .10 Communications .11 Demeanor .12 Diligence .13 Bias .14 Survey of Non-Attorneys .15 Methodology and How to Read Results .15 Retention .18 Demeanor .19 Fairness .20 Communications .21 Diligence .22 Application of Law .23 Bias .24 Perception of Leniency or Harshness .25 i ## Page 3 Summary of Results For Judge Ryan J. Stuart, 113 qualified survey respondents submitted surveys. Of those who responded, 83 agreed they had worked with Judge Stuart enough to evaluate his performance. This report reflects these 83 responses. Respondents rated judges on various questions using an A to F (for Fail) scale, in which the grades were then converted to numerical scores: A=4, B=3, C=2, D=1, and F=0. An average score of 4.0 is the highest possible score and 0.0 is the lowest possible score. Overall Score Figure 1 3.98 4 3.56 3.47 3.42 3.27 3 2 1 0 Combined Attorneys Total Non-Attorneys Juror Non-Attorney Other* Table 1 Judge Ryan J. Stuart Overall Scores Non-Attorneys Non- Total Non- Combined Attorneys Juror Attorney Attorneys Other* Overall Grade 3.47 3.42 3.56 3.98 3.27 * The Non-Attorney Other category includes law enforcement personnel, defendants, litigants, and witnesses. 2017 Judicial Performance Survey Report for Judge Ryan J. Stuart 1 ## Page 4 Retention Scores Figure 2 100% 100% 80% 81% 78% 80% 69% 60% 40% 20% 0% Combined Attorneys Total Non-Attorneys Juror Non-Attorney Other Table 2 Judge Ryan J. Stuart Overall Retention Scores Non-Attorneys Total Non- Combined Attorneys Non- Juror Attorney Attorneys Other % Recommending 80% 78% 81% 100% 69% Retention 2017 Judicial Performance Survey Report for Judge Ryan J. Stuart 2 ## Page 5 Individual Category Scores Table 3 Judge Ryan J. Stuart Overall Category Scores Non-Attorney Non- Area Attorney Total Juror Attorney Other Case Management 3.42 N/A N/A N/A Application and 3.21 3.41 4.00 3.02 Knowledge of Law Communications 3.53 3.66 4.00 3.43 Diligence 3.48 3.60 3.97 3.35 Demeanor 3.46 3.61 3.97 3.36 Fairness N/A 3.50 3.96 3.18 2017 Judicial Performance Survey Report for Judge Ryan J. Stuart 3 ## Page 6 Summary of Responses Table 4: Response Rates Undeliverable % Without Response Group Total Sent or Not Complete sufficient Rate** Applicable* knowledge*** Attorneys 185 0 50 27% 26% Total Non- 1179 137 63 5% 27% Attorneys Staff 0 0 0 N/A N/A Jurors 60 0 20 33% 5% Other Non- 1119 137 43 4% 37% Attorneys *Undeliverable or Not Applicable surveys are those that were returned as undeliverable, the person no longer works at the address provided, or the respondent is deceased. ** Response rates are calculated by adding the number of completed responses to the number of undeliverable responses and dividing the results by the total invitations sent. ***The percent without sufficient knowledge are those that said they had insufficient experience to evaluate the judge or justice. 2017 Judicial Performance Survey Report for Judge Ryan J. Stuart 4 ## Page 7 Survey of Attorneys Methodology and How to Read Results For Judge Stuart, 50 qualified survey respondents submitted surveys. Of those who responded, 37 agreed they had worked with Judge Stuart enough to evaluate his performance. This report reflects these 37 responses. The survey results are divided into nine sections: Retention, Case Management, Application and Knowledge of law, Communications, Demeanor, Diligence, Bias, Strengths, and Weaknesses. The results are shown in both graphs and tables. Each judge’s scores are shown along with a comparison to other judges who serve at the same court level. The comparison group is called “County Judges” on the charts. a. Response rates During the 2016-2017 administration, a total of 23,267 survey invitations were sent to 5,865 attorneys inviting them to evaluate judges and justices eligible to receive an interim review in 2017. On average, each attorney was asked to evaluate 3 judges. 4,676 surveys were completed with an additional 2,022 responses where the attorneys indicated that they did not have enough experience with the judge to be comfortable evaluating him or her. The response rate for the survey was 29% and the survey completion rate (the number of those familiar enough to evaluate the judge divided by the total number of attorney responses including those indicating they did not have sufficient familiarity to evaluate the judge) was 60%. b. Methodology The 2016-2017 attorney survey was conducted online beginning on September 16th, 2016. Attorneys were first mailed a pre-notification letter sent on September 16th, 2016 informing them about the survey and providing a link and login information to access the survey online. Next, a series of three email invitations were sent on September 27th, October 12th, and November 1st, 2016. To further increase response rates, an additional cycle of data collection took place in January and February 2017. Invitations were sent to attorneys who had appeared before judges receiving interim evaluations in the 3rd and 4th quarters of 2016. A pre-notification letter was sent to these attorneys on January 31st, 2017 and was followed up by emailed invitations sent on February 7th, February 16th, and February 27th, 2017. Additional invitations were sent out on request throughout data collection. All online surveys were closed and mail returns were cut off on March 2nd, 2017. 2017 Judicial Performance Survey Report for Judge Ryan J. Stuart 5 ## Page 8 c. Questions: In the core of the survey, attorneys evaluated district and county judges on 17 aspects of judicial performance and appellate judges on 12 aspects of judicial performance using a grade scale of A, B, C, D, or F (for Fail). These aspects were grouped by topic into categories; five for district and county judges and two for appellate. The district and county categories were: case management, application and knowledge of law, communications, demeanor, and diligence. Questions regarding appellate judges were divided into two categories; one for general questions and one specific to their writing (which was only asked of those who indicated they had experience with the judge or justice’s written opinions). Respondents were also asked if they considered the judge biased toward the defense or prosecution in criminal cases. In a final question, respondents were asked to indicate how strongly they would recommend that the judge be retained or not retained in office. While the formatting and structure of the survey was updated for 2016, the question wording was carried over from the 2015 administration and has remained consistent since 2013. The questions were originally developed in 1998 to meet the criteria outlined in statute 13-5.5-101 et seq. Question Category Areas* Appellate Trial Judge: Judge/Justice Attorney Attorney Survey Survey Question Categories Appellate Judge General Questions 6 Application and Knowledge of Law 5 Case Management 4 Communications 2 Demeanor 3 Diligence 3 Writing 6 Individual Questions Bias 1 Recommendation to Retain 1 1 *The numbers in the table refer to the number of questi ons asked in e ach category by survey group. 2017 Judicial Performance Survey Report for Judge Ryan J. Stuart 6 ## Page 9 d. Analysis and Reporting Letter grades were converted to a numerical score where A=4, B=3, C=2, D=1, and Fail=0 for analysis. The results include an overall grade, a grade for each category, as well as a grade for each question. The overall score is calculated by averaging the responses to all questions answered by the attorney. This score will have the same numerical range as the individual questions from zero to four. Each category score is calculated by averaging the responses to all questions answered by the attorney with each category. This score will have the same numerical range as the individual questions from zero to four. Similarly, an average score is calculated for each individual question with the exception of the bias and retention questions. The overall average and category scores will be reported for each judge along with the average scores for the judge’s peers. The average score (with exceptions noted above) will also be reported for each question, along with the peer group score. In addition, the report will include the distribution of responses for each question. That is, the percentage of attorneys that assigned a rating of A, B, C, D, and F. The distribution of responses is also reported for the questions on bias and retention. e. Comments At the end of each group of questions, respondents had the option of leaving comments about the judge’s performance in that area. Respondents were also asked what they considered to be the judge’s strengths and weaknesses and were allowed to leave open-ended responses to each. By statute, these comments are confidential and only provided to the judge and the District Commission on Judicial Performance. They are not released to the public when the rest of the report is released. 2017 Judicial Performance Survey Report for Judge Ryan J. Stuart 7 ## Page 10 Retention Keeping in mind your responses to each of the previous questions, how strongly do you recommend that Judge Ryan J. Stuart be retained in office, or not be retained in office? Table 5 Judge Ryan J. Stuart Total Retain 78% Neither 11% Total Not Retain 11% Figure 3 100% 80% 59% 60% 54% 40% 22% 19% 20% 11% 9% 7% 11% 9% 0% Strongly recommend Somewhat Undecided or don't Somewhat Strongly recommend that he or she be recommend he or know enough to recommend he or he or she not be retained in office she be retained in make a she not be retained retained in office office recommendation in office Judge Stuart All County Judges 2017 Judicial Performance Survey Report for Judge Ryan J. Stuart 8 ## Page 11 Case Management Using a grade scale, where an "A" is excellent along with B, C, D, or F for fail, please grade Judge Stuart on the following. If, for a specific question you feel that you do not have enough information to grade the judge, please check DK/NA for Don't Know/Not Applicable. Figure 4 3.39 Case Management Overall Average 3.42 3.36 Setting reasonable schedules for cases 3.18 3.36 Promptly ruling on pre-trial motions 3.63 3.35 Maintaining appropriate control over proceedings 3.43 3.54 Promptly issuing a decision on the case after trial 3.70 0.00 1.00 2.00 3.00 4.00 All County Judges Judge Stuart Table 6 Case Management Judge Ryan J. Stuart All Judge A B C D Fail DK/NA County Stuart Number of Responses: 37 Judges Promptly issuing a decision on the 43% 19% -- -- -- 38% 3.70 3.54 case after trial Maintaining appropriate control 59% 35% -- -- 5% -- 3.43 3.35 over proceedings Promptly ruling on pre-trial motions 53% 19% -- 3% -- 25% 3.63 3.36 Setting reasonable schedules for 51% 22% 8% 5% 5% 8% 3.18 3.36 cases Case Management Overall Average 3.42 3.39 2017 Judicial Performance Survey Report for Judge Ryan J. Stuart 9 ## Page 12 Application and Knowledge of Law Using a grade scale, where an "A" is excellent along with B, C, D, or F for fail, please grade Judge Stuart on the following. If, for a specific question you feel that you do not have enough information to grade the judge, please check DK/NA for Don't Know/Not Applicable. Figure 5 3.13 Application and Knowledge of Law Overall Average 3.21 3.07 Consistently applying laws and rules 3.22 3.08 Being fair and impartial to both sides of the case 3.03 Issuing consistent sentences when the circumstances 3.19 are similar 3.03 3.08 Basing decisions on evidence and arguments 3.19 3.22 Being able to identify and analyze relevant facts 3.41 0.00 1.00 2.00 3.00 4.00 All County Judges Judge Stuart Table 7 Application and Knowledge of Law Judge Ryan J. Stuart All Judge A B C D Fail DK/NA County Number of Responses: 37 Stuart Judges Being able to identify and analyze 62% 24% 5% 8% -- -- 3.41 3.22 relevant facts Basing decisions on evidence and 57% 24% 5% 8% 5% -- 3.19 3.08 arguments Issuing consistent sentences when 43% 14% 11% 14% -- 17% 3.03 3.19 the circumstances are similar Being fair and impartial to both 62% 3% 22% 3% 11% -- 3.03 3.08 sides of the case Consistently applying laws and 59% 19% 8% 11% 3% -- 3.22 3.07 rules Application and Knowledge of Law Overall Average 3.21 3.13 2017 Judicial Performance Survey Report for Judge Ryan J. Stuart 10 ## Page 13 Communications Using a grade scale, where an "A" is excellent along with B, C, D, or F for fail, please grade Judge Stuart on the following. If, for a specific question you feel that you do not have enough information to grade the judge, please check DK/NA for Don't Know/Not Applicable. Figure 6 3.38 Communications Overall Average 3.53 Providing written communications that are clear, 3.27 thorough and well reasoned 3.64 Making sure all participants understand the 3.47 proceedings 3.56 0.00 1.00 2.00 3.00 4.00 All County Judges Judge Stuart Table 8 Communications All Judge Ryan J. Stuart Judge A B C D Fail DK/NA County Stuart Number of Responses: 36 Judges Making sure all participants 65% 22% 11% -- -- 3% 3.56 3.47 understand the proceedings Providing written communications that are clear, thorough and well 46% 8% 3% 3% -- 41% 3.64 3.27 reasoned Communications Overall Average 3.53 3.38 2017 Judicial Performance Survey Report for Judge Ryan J. Stuart 11 ## Page 14 Demeanor Using a grade scale, where an "A" is excellent along with B, C, D, or F for fail, please grade Judge Stuart on the following. If, for a specific question you feel that you do not have enough information to grade the judge, please check DK/NA for Don't Know/Not Applicable. Figure 7 3.28 Demeanor Overall Average 3.46 3.15 Conducting his/her courtroom in a neutral manner 3.19 3.32 Treating participants with respect 3.57 3.37 Giving proceedings a sense of dignity 3.62 0.00 1.00 2.00 3.00 4.00 All County Judges Judge Stuart Table 9 Demeanor All Judge Ryan J. Stuart Judge A B C D Fail DK/NA County Stuart Number of Responses: 37 Judges Giving proceedings a sense of 78% 11% 5% 5% -- -- 3.62 3.37 dignity Treating participants with respect 76% 14% 3% 8% -- -- 3.57 3.32 Conducting his/her courtroom in a 65% 8% 14% 8% 5% -- 3.19 3.15 neutral manner Demeanor Overall Average 3.46 3.28 2017 Judicial Performance Survey Report for Judge Ryan J. Stuart 12 ## Page 15 Diligence Using a grade scale, where an "A" is excellent along with B, C, D, or F for fail, please grade Judge Stuart on the following. If, for a specific question you feel that you do not have enough information to grade the judge, please check DK/NA for Don't Know/Not Applicable. Figure 8 3.17 Diligence Overall Average 3.48 Being willing to handle cases on the docket even when 3.26 they are complicated and time consuming 3.42 3.22 Doing the necessary “homework” and being prepared for cases 3.64 3.08 Using good judgment in application of relevant law and rules 3.43 0.00 1.00 2.00 3.00 4.00 All County Judges Judge Stuart Table 10 Diligence Judge Ryan J. Stuart All Judge A B C D Fail DK/NA County Number of Responses: 37 Stuart Judges Using good judgment in application of relevant 70% 14% 11% -- 5% -- 3.43 3.08 law and rules Doing the necessary “homework” and being 73% 16% 5% 3% -- 3% 3.64 3.22 prepared for cases Being willing to handle cases on the docket even 62% 14% 5% 5% 3% 11% 3.42 3.26 when they are complicated and time consuming Diligence Overall Average 3.48 3.17 2017 Judicial Performance Survey Report for Judge Ryan J. Stuart 13 ## Page 16 Bias Having observed Judge Stuart in a criminal case, would you say the judge is: Figure 9 100% 80% 58% 60% 52% 40% 27% 24% 15% 20% 11% 8% 3% 2% 0% Very biased in favor Somewhat biased in Completely Neutral Somewhat biased in Very biased in favor of the prosecution favor of the favor of the defense of the defense prosecution Judge Stuart All County Judges 2017 Judicial Performance Survey Report for Judge Ryan J. Stuart 14 ## Page 17 Survey of Non-Attorneys Methodology and How to Read Results For Judge Ryan J. Stuart, 63 qualified survey respondents submitted surveys. Of those who responded, 46 agreed they had worked with Judge Stuart enough to evaluate his performance. This report reflects these 46 responses. a. Response rates During the 2016 administration of non-attorneys, 5,418 complete surveys have been received and an additional 1,940 indicated that they did not have enough experience to evaluate the judge. The response rate among non-attorneys is 8% and the completion rate is 70%. b. Methodology The 2016-2017 non-attorney survey was conducted via a mixed mode online and mail survey beginning May 18th, 2016 and ending on March 2nd, 2017. Due to email addresses not being available, non-attorneys were first mailed a pre-notification letter sent on May 18th, 2016 informing them about the survey and providing a link and login information to access the survey online. This was followed up with a second mailing that also included the information to access the survey online, as well as a full printed survey booklet and postage-paid return envelope. This second mailing was sent on June 17th, 2016. Invitations for this first cycle were based on experiences with judges that occurred in the first quarter of 2016. This process for non-attorneys was repeated in the fall of 2016 for those that had experience with judges receiving an interim evaluation in the 2nd quarter of 2016, and again in January and February 2017 for those who had experiences with judges in the 3rd and 4th quarters of 2016. For the fall cycle, the pre-notification letter was sent on September 16th, 2016 and the follow-up survey booklet was sent on November 2nd, 2016. For the January-February cycle, the order of the mailings was switched due to the constraints of the reporting schedule. The first mailing, sent on January 31st, 2017, included the full survey booklet and a return mailing envelope as well as instructions to access the survey online. The second mailing, sent on February 14th, 2017, included only a letter with instructions to complete the survey online and reminded them of the survey deadline on March 1st, 2017. 2017 Judicial Performance Survey Report for Judge Ryan J. Stuart 15 ## Page 18 c. Questions: Respondents evaluated judges on 19 aspects of judicial performance using a grade scale of A, B, C, D, or F (for Fail). Respondents were also asked if they considered the judge biased toward the defense or prosecution in criminal cases. Non-attorneys were also asked to evaluate the appropriateness of the sentencing. In a final question, respondents were asked to indicate how strongly they would recommend that the judge be retained or not retained in office. Question Category Areas* Non- attorneys Question Categories Application of Law 3 Communications 3 Demeanor 4 Diligence 5 Fairness 4 Individual Questions Bias 1 Appropriateness of Sentence 1 Recommendation to Retain 1 *The numbers in the tab le refer to the number of questions ask ed in each category by survey group. d. Analysis and Reporting Letter grades were then converted to a numerical score where A=4, B=3, C=2, D=1, and Fail=0 for analysis. The results include an overall grade, a grade for each category, as well as a grade for each question. The overall score is calculated by averaging the responses to all questions answered. This score will have the same numerical range as the individual questions from zero to four. Each category score is calculated by averaging the responses to all questions answered by the attorney with each category. This score will have the same numerical range as the individual questions from zero to four. Similarly, an average score is calculated for each individual question with the exception of the bias and retention questions. The overall average and category scores will be reported for each judge along with the average scores for the judge’s peers. The average score (with exceptions noted above) will also be reported for each question, along with the peer group score. In addition, the report will include the distribution of responses for each question. That is, the percentage of attorneys that 2017 Judicial Performance Survey Report for Judge Ryan J. Stuart 16 ## Page 19 assigned a rating of A, B, C, D, and F. The distribution of responses is also reported for the questions on bias and retention as well as appropriateness of sentences. e. Comments: At the end of each group of questions, respondents had the option of leaving comments about the judge’s performance in that area. Respondents were also asked what they considered to be the judge’s strengths and weaknesses and were allowed to leave open-ended responses to each. By statute, these comments are confidential and only provided to the judge and the District Commission on Judicial Performance. They are not released to the public when the rest of the report is released. 2017 Judicial Performance Survey Report for Judge Ryan J. Stuart 17 ## Page 20 Retention Keeping in mind your responses to each of the previous questions, how strongly do you recommend that Judge Stuart be retained in office, or not retained in office? Table 11 Judge Ryan J. Stuart Total Retain 81% Neither 10% Total Not Retain 10% Figure 10 100% 80% 71% 64% 60% 40% 17% 20% 10% 10% 7% 10% 9% 3% 0% Strongly recommend Somewhat Undecided or don't Somewhat Strongly recommend that he or she be recommend he or know enough to recommend he or he or she not be retained in office she be retained in make a she not be retained retained in office office recommendation in office Judge Stuart All County Judges 2017 Judicial Performance Survey Report for Judge Ryan J. Stuart 18 ## Page 21 Demeanor Using a grade scale, where an “A” is excellent along with B, C, D, or F for fail, please grade the judge on the following. If you feel that you don’t have experience with the judge in a specific area, or just don’t know, please mark “Don’t Know/Not Applicable” - DK/NA. Figure 11 3.41 Demeanor Overall Average 3.61 3.35 Having a sense of compassion and human understanding for those who appear before him/her 3.48 3.38 Conducting his/her courtroom in a neutral manner 3.61 3.47 Treating participants with respect 3.76 3.47 Giving proceedings a sense of dignity 3.61 0.00 1.00 2.00 3.00 4.00 All County Judges Judge Stuart Table 12 Demeanor Judge Ryan J. Stuart All Judge A B C D Fail DK/NA County Number of Responses: 46 Stuart Judges Giving proceedings a sense of dignity 72% 17% 4% 4% -- 2% 3.61 3.47 Treating participants with respect 87% 2% 4% 4% -- 2% 3.76 3.47 Conducting his/her courtroom in a neutral 79% 6% 9% 2% 2% 2% 3.61 3.38 manner Having a sense of compassion and human understanding for those who appear before 79% 6% -- 6% 6% 2% 3.48 3.35 him/her Demeanor Overall Average 3.61 3.41 2017 Judicial Performance Survey Report for Judge Ryan J. Stuart 19 ## Page 22 Fairness Using a grade scale, where an “A” is excellent along with B, C, D, or F for fail, please grade the judge on the following. If you feel that you don’t have experience with the judge in a specific area, or just don’t know, please mark “Don’t Know/Not Applicable” - DK/NA. Figure 12 3.41 Fairness Overall Average 3.50 3.47 Giving each side enough time to present his or her case 3.62 3.38 Treating fairly people who represent themselves 3.28 3.34 Treating those involved in the case without bias 3.48 3.47 Giving participants an opportunity to be heard 3.59 0.00 1.00 2.00 3.00 4.00 All County Judges Judge Stuart Table 13 Fairness Judge Ryan J. Stuart All Judge A B C D Fail DK/NA County Stuart Number of Responses: 46 Judges Giving participants an opportunity 79% 9% 4% 2% 4% 2% 3.59 3.47 to be heard Treating those involved in the case 72% 15% 2% 2% 6% 2% 3.48 3.34 without bias Treating fairly people who 51% 2% 2% 9% 4% 32% 3.28 3.38 represent themselves Giving each side enough time to 77% 11% 4% -- 4% 4% 3.62 3.47 present his or her case Fairness Overall Average 3.50 3.41 2017 Judicial Performance Survey Report for Judge Ryan J. Stuart 20 ## Page 23 Communications Using a grade scale, where an “A” is excellent along with B, C, D, or F for fail, please grade the judge on the following. If you feel that you don’t have experience with the judge in a specific area, or just don’t know, please mark “Don’t Know/Not Applicable” - DK/NA. Figure 13 3.60 Communications Overall Average 3.66 3.66 Speaking clearly so everyone in the courtroom can hear what’s being said 3.87 3.61 Using language that everyone can understand 3.61 3.54 Making sure all participants understand the proceedings 3.66 0.00 1.00 2.00 3.00 4.00 All County Judges Judge Stuart Table 14 Communications Judge Ryan J. Stuart All Judge A B C D Fail DK/NA County Number of Responses: 47 Stuart Judges Making sure all participants 87% -- 9% -- 4% -- 3.66 3.54 understand the proceedings Using language that everyone can 79% 6% 6% 6% -- 2% 3.61 3.61 understand Speaking clearly so everyone in the courtroom can hear what’s 89% 4% 4% -- -- 2% 3.87 3.66 being said Communications Overall Average 3.66 3.60 2017 Judicial Performance Survey Report for Judge Ryan J. Stuart 21 ## Page 24 Diligence Using a grade scale, where an “A” is excellent along with B, C, D, or F for fail, please grade the judge on the following. If you feel that you don’t have experience with the judge in a specific area, or just don’t know, please mark “Don’t Know/Not Applicable” - DK/NA. Figure 14 3.48 Diligence Overall Average 3.60 Managing court proceedings so that there is little 3.45 wasted time 3.64 3.52 Setting reasonable schedules for cases 3.64 3.61 Maintaining appropriate control over proceedings 3.76 3.50 Doing the necessary “homework” and being prepared for cases 3.67 3.41 Beginning court on time 3.61 0.00 1.00 2.00 3.00 4.00 All County Judges Judge Stuart Table 15 Diligence Judge Ryan J. Stuart All Judge A B C D Fail DK/NA County Number of Responses: 46 Stuart Judges Beginning court on time 74% 11% 4% -- 4% 6% 3.61 3.41 Doing the necessary “homework” 79% 9% 4% 2% 2% 4% 3.67 3.50 and being prepared for cases Maintaining appropriate control 79% 11% 6% -- -- 4% 3.76 3.61 over proceedings Setting reasonable schedules for 74% 13% 7% -- 2% 4% 3.64 3.52 cases Managing court proceedings so 74% 11% 4% 2% 2% 6% 3.64 3.45 that there is little wasted time Diligence Overall Average 3.60 3.48 2017 Judicial Performance Survey Report for Judge Ryan J. Stuart 22 ## Page 25 Application of Law Using a grade scale, where an “A” is excellent along with B, C, D, or F for fail, please grade the judge on the following. If you feel that you don’t have experience with the judge in a specific area, or just don’t know, please mark “Don’t Know/Not Applicable” - DK/NA. Figure 15 3.36 Application and Knowledge of Law Overall Average 3.41 3.34 Being able to identify and analyze relevant facts 3.41 Willing to make decision without regard to possible 3.41 outside pressure 3.36 3.37 Giving reasons for rulings 3.54 0.00 1.00 2.00 3.00 4.00 All County Judges Judge Stuart Table 16 Application of Law Judge Ryan J. Stuart All Judge A B C D Fail DK/NA County Stuart Number of Responses: 47 Judges Giving reasons for rulings 70% 4% 6% 2% 4% 13% 3.54 3.37 Willing to make decision without 55% 4% 11% 2% 4% 23% 3.36 3.41 regard to possible outside pressure Being able to identify and analyze 72% 11% 4% 4% 6% 2% 3.41 3.34 relevant facts Application and Knowledge of Law Overall Average 3.41 3.36 2017 Judicial Performance Survey Report for Judge Ryan J. Stuart 23 ## Page 26 Bias On the scale below, please indicate by selecting the appropriate number how biased you think Judge Stuart is toward the defense or the prosecution. If you feel Judge Stuart is completely unbiased, select “0.” Figure 16 100% 80% 80% 74% 60% 40% 20% 7% 7% 7% 7% 4% 6% 2% 5% 0% Very biased in favor Somewhat biased in Completely Neutral Somewhat biased in Very biased in favor of the prosecution favor of the favor of the defense of the defense prosecution Judge Stuart All County Judges 2017 Judicial Performance Survey Report for Judge Ryan J. Stuart 24 ## Page 27 Perception of Leniency or Harshness On the scale below, please indicate by selecting the appropriate number how lenient or how harsh you think the sentences generally handed down by Judge Stuart are. If you feel Judge Stuart generally hands down appropriate sentences, circle “0.” 100% 77% 80% 72% 60% 40% 20% 9% 6% 8% 7% 8% 5% 6% 2% 0% Sentences too Light 2 Sentences are 4 Sentences are too Appropriate Harsh Judge Stuart All County Judges 2017 Judicial Performance Survey Report for Judge Ryan J. Stuart 25
    • Overall score
      judge rating, 0–4 scale
      Attorneys recommend
      90%
      respondent count not on record
      Non-attorneys recommend
      90%
      respondent count not on record
      Read full retention survey textexpand
      ## Page 1 The Honorable Ryan J. Stuart 2018 Judicial Performance Survey Report County Court Conducted by: 75 Washington Ave. Ste. 2C Portland, ME 04101 www.marketdecisions.com ## Page 2 Contents Summary of Results . 1 Overall Score . 1 Performance Scores . 2 Individual Category Scores . 3 Summary of Responses . 4 Survey of Attorneys . 5 Methodology and How to Read Results . 5 Case Management . 8 Application and Knowledge of Law . 9 Communications .10 Demeanor .11 Diligence .12 Performance Score.13 Survey of Non Attorneys .14 Methodology and How to Read Results .14 Demeanor .17 Fairness .18 Communications .19 Diligence .20 Application of Law .21 Performance Score.22 i ## Page 3 Summary of Results For Judge Ryan J. Stuart, 144 qualified survey respondents submitted surveys. Of those who responded, 107 agreed they had worked with Judge Stuart enough to evaluate his performance. This report reflects these 107 responses. Respondents rated judges on various questions using an A to F scale, in which the grades were then converted to the following numerical scores: A= 4, B=3, C=2, D=1 and Fail=0. An average score of 4.0 is the highest possible score and a 0.0 is the lowest possible score. Overall Score Figure 1 4 3.78 3.66 3.58 3.54 3.32 3 2 1 0 Combined Attorneys Total Non-Attorneys Jurors Non-Attorneys Other* Table 1 Judge Ryan J. Stuart Overall Scores Non-Attorneys Non- Total Non- Combined Attorneys Jurors Attorneys Attorneys Other* Overall Grade 3.58 3.66 3.54 3.78 3.32 * The Non-Attorney Other category includes law enforcement personnel, defendants, litigants, and witnesses. 2018 Judicial Performance Survey Report for Judge Ryan J. Stuart 1 ## Page 4 Performance Scores Figure 2 100% 95% 90% 91% 90% 82% 80% 60% 40% 20% 11% 6% 4% 6% 3% 6% 4% 5% 7% 0% Combined Attorneys Total Non-Attorneys Jurors Non-Attorneys Other Yes, meets performance standards No, does not meet performance standards No opinion Table 2 Judge Ryan J. Stuart Overall Retention Scores Non-Attorneys Total Non- Combined Attorneys Non- Jurors Attorneys Attorneys Other Yes, meets performance 90% 91% 90% 95% 82% standards No, does not meet performance 6% 6% 6% 5% 11% standards No opinion 4% 3% 4% 0% 7% 2018 Judicial Performance Survey Report for Judge Ryan J. Stuart 2 ## Page 5 Individual Category Scores Table 3 Judge Ryan J. Stuart Overall Category Scores Non-Attorneys Non- Area Attorneys Total Jurors Attorneys Other Case Management 3.72 N/A N/A N/A Application and 3.56 3.51 3.75 3.17 Knowledge of Law Communications 3.76 3.67 3.80 3.52 Diligence 3.67 3.43 3.75 3.37 Demeanor 3.58 3.58 3.76 3.39 Fairness N/A 3.53 3.84 3.16 2018 Judicial Performance Survey Report for Judge Ryan J. Stuart 3 ## Page 6 Summary of Responses Table 4: Response Rates Undeliverable % Without Response Group Total Sent or Not Complete sufficient Rate Applicable* knowledge** Attorneys 178 0 46 26% 28% Total Non- 1297 279 98 10% 24% Attorneys Staff 57 0 25 44% 8% Jurors 98 6 28 30% 18% Other Non- 1142 273 45 5% 38% Attorneys *Undeliverable or Not Applicable surveys are those that were returned as undeliverable, the person no longer works at the address provided, or the respondent is deceased. **The percent without sufficient knowledge are those that said they had insufficient experience to evaluate the judge or justice. 2018 Judicial Performance Survey Report for Judge Ryan J. Stuart 4 ## Page 7 Survey of Attorneys Methodology and How to Read Results For Judge Stuart, 46 qualified survey respondents submitted surveys. Of those who responded, 33 agreed they had worked with Judge Stuart enough to evaluate his performance. This report reflects these 33 responses. The survey results are divided into nine sections: Retention, Case Management, Application and Knowledge of Law, Communications, Demeanor, Diligence, Bias, Strengths, and Weaknesses. The results are shown in both graphs and tables. Each judge’s scores are shown along with a comparison to other judges who serve at the same court level. The comparison group is called “County Judges” on the charts. a. Response rates During the 2017 administration, a total of 20,283 survey invitations were sent to 6,391 attorneys inviting them to evaluate judges and justices standing for retention in 2018. On average, each attorney was asked to evaluate 3.2 judges. In total 3,983 surveys were completed with an additional 1,943 responses where the attorney indicated that they did not have enough experience with the judge to be comfortable evaluating him or her. The response rate for the survey was 29% and the survey completion rate (the number of those familiar enough to evaluate the judge divided by the total number of attorney responses including those indicating they did not have sufficient familiarity to evaluate the judge) was 67%. b. Methodology The 2017 attorney survey was conducted online beginning on August 8th, 2017. Attorneys with appearances in front of judges during the first and second quarters of 2017 were first mailed a pre-notification letter on August 8th, 2017 informing them about the survey and providing a link and login information to access the survey online. Next, a series of three email invitations were sent on August 10th, August 29th, and September 21st. This process was repeated among attorneys with appearances in the third quarter of 2017 beginning with a pre-notification letter sent on November 10th, 2017. The letter was followed up by email invitations sent on November 20th, December 4th, and December 12th. To further increase the amount of data collected, an additional cycle of data collection took place in February 2018. Invitations were emailed to attorneys with appearances during the 4th quarter of 2017. This cycle included a pre-notification letter sent on February 12th, followed up by email invitations sent on February 15th, and February 19th. Additional invitations and reminders were sent out on request throughout the data collection process. Appellate staff attorneys received the same survey as other attorneys, but were invited separately with a series of email invitations starting with the initial invite on December 14th and followed by a reminder on January 10th, 2018. 2018 Judicial Performance Survey Report for Judge Ryan J. Stuart 5 ## Page 8 c. Questions In the core of the survey, attorneys evaluated district and county judges on 17 aspects of judicial performance and appellate judges on 12 aspects of judicial performance using a grade scale of A, B, C, D, or F. These aspects were grouped by topic into different categories, five for district and county judges and two for appellate judges. The district and county categories were: Case Management, Application and Knowledge of Law, Communications, Demeanor, and Diligence. Questions regarding appellate judges were divided into two categories, one for general questions and one specific to their writing (only asked of those who indicated they had experience with the judge or justice’s written opinions). In a final question, respondents were asked if they thought whether the judge met judicial performance standards. This question was re-worded from previous survey administrations when respondents were asked how strongly they would or would not recommend a judge for retention. The question wording for the core of the survey was carried over from the 2016 administration with only minor changes to make the survey gender neutral. The questions were originally developed in 1998 to meet the criteria outlined in statute 13-5.5-101 et seq. Question Category Areas* Appellate Trial Judge: Judge/Justice Attorney Survey Attorney Survey Question Categories Appellate Judge General Questions 6 Application and Knowledge of Law 5 Case Management 4 Communications 2 Demeanor 3 Diligence 3 Writing 6 Individual Questions Meets Performance Standards 1 1 *The numbers in the table refer to the number of question s asked in each categ ory by survey group. d. Analysis and Reporting Letter grades were converted to a numerical score where A = 4, B = 3, C = 2, D = 1 and Fail = 0 for analysis. The results include an overall grade, a grade for each category, as well as a grade for each question. The overall score is calculated by averaging the responses to all questions answered by the attorneys. This score will have the same numerical range as the individual questions from zero to four. 2018 Judicial Performance Survey Report for Judge Ryan J. Stuart 6 ## Page 9 Each category score is calculated by averaging the responses to all questions answered by the attorney within each category. This score will have the same zero to four numerical range as the individual questions. Similarly, an average score is calculated for each individual question with the exception of the final question on meeting performance standards. The overall average and category scores will be reported for each judge along with the average scores for the judge’s peers. The average score (with the exception noted above) will also be reported for each question along with the peer group score. In addition, the report will include the distribution of responses for each question, i.e. the percentage of attorneys that assigned a rating of A, B, C, D, and F. The distribution of responses is also reported for the questions on bias and retention. e. Comments At the end of each group of questions respondents had the option of leaving comments about the judge’s performance in that area. By statute, these comments are confidential and only provided to the judge and the District Commission on Judicial Performance. They are not released to the public when the rest of the report is released. 2018 Judicial Performance Survey Report for Judge Ryan J. Stuart 7 ## Page 10 Case Management Using a grade scale, where an "A" is excellent along with B, C, D or F for fail, please grade Judge Stuart on the following. If, for a specific question you feel that you do not have enough information to grade the judge, please check DK/NA for Don't Know/Not Applicable. Figure 3 0 1 2 3 4 3.72 Case Management Overall Average 3.39 3.75 Promptly issuing a decision on the case after trial 3.55 3.73 Maintaining appropriate control over proceedings 3.38 3.76 Promptly ruling on pre-trial motions 3.39 3.67 Setting reasonable schedules for cases 3.34 Judge Stuart All County Judges Table 5 Case Management Judge Ryan J. A B C D Fail DK/NA Total Stuart Promptly issuing a decision on the 17 1 2 -- -- 13 33 case after trial Maintaining appropriate control 29 1 1 2 -- -- 33 over proceedings Promptly ruling on 21 2 2 -- -- 8 33 pre-trial motions Setting reasonable schedules for 25 1 3 1 -- 3 33 cases *Respondents were not required to answer every question. The sum of those giving letter grades may not match the total due to questions being left blank. 2018 Judicial Performance Survey Report for Judge Ryan J. Stuart 8 ## Page 11 Application and Knowledge of Law Using a grade scale, where an "A" is excellent along with B, C, D or F for fail, please grade Judge Stuart on the following. If, for a specific question you feel that you do not have enough information to grade the judge, please check DK/NA for Don't Know/Not Applicable. Figure 4 0 1 2 3 4 3.56 Application and Knowledge of Law Overall Average 3.16 3.61 Being able to identify and analyze relevant facts 3.24 3.52 Basing decisions on evidence and arguments 3.10 Issuing consistent sentences when the circumstances 3.57 are similar 3.15 3.45 Being fair and impartial to both sides of the case 3.11 3.58 Consistently applying laws and rules 3.11 Judge Stuart All County Judges Table 6 Application and Knowledge of Law Judge Ryan J. Stuart A B C D Fail DK/NA Total Being able to identify and 26 4 1 1 1 -- 33 analyze relevant facts Basing decisions on evidence 24 5 2 1 1 -- 33 and arguments Issuing consistent sentences when the circumstances are 23 1 2 1 1 3 31 similar Being fair and impartial to both 24 3 4 1 1 -- 33 sides of the case Consistently applying laws and 25 4 3 -- 1 -- 33 rules *Respondents were not required to answer every question. The sum of those giving letter grades may not match the total due to questions being left blank. 2018 Judicial Performance Survey Report for Judge Ryan J. Stuart 9 ## Page 12 Communications Using a grade scale, where an "A" is excellent along with B, C, D or F for fail, please grade Judge Stuart on the following. If, for a specific question you feel that you do not have enough information to grade the judge, please check DK/NA for Don't Know/Not Applicable. Figure 5 0 1 2 3 4 3.76 Communications Overall Average 3.38 3.79 Making sure all participants understand the proceedings 3.46 3.8 Providing written communications that are clear, thorough and well reasoned 3.30 Judge Stuart All County Judges Table 7 Communications Judge Ryan J. Stuart A B C D Fail DK/NA Total Making sure all participants 30 1 1 -- 1 -- 33 understand the proceedings Providing written communications that are clear, 22 1 2 -- -- 8 33 thorough and well reasoned *Respondents were not required to answer every question. The sum of those giving letter grades may not match the total due to questions being left blank. 2018 Judicial Performance Survey Report for Judge Ryan J. Stuart 10 ## Page 13 Demeanor Using a grade scale, where an "A" is excellent along with B, C, D or F for fail, please grade Judge Stuart on the following. If, for a specific question you feel that you do not have enough information to grade the judge, please check DK/NA for Don't Know/Not Applicable. Figure 6 0 1 2 3 4 3.58 Demeanor Overall Average 3.28 3.67 Giving proceedings a sense of dignity 3.36 3.64 Treating participants with respect 3.30 3.42 Conducting his/her courtroom in a neutral manner 3.18 Judge Stuart All County Judges Table 8 Demeanor Judge Ryan J. Stuart A B C D Fail DK/NA Total Giving proceedings a sense of 29 1 1 -- 2 -- 33 dignity Treating participants with respect 29 -- 2 -- 2 -- 33 Conducting his/her courtroom in a 24 4 2 1 2 -- 33 neutral manner *Respondents were not required to answer every question. The sum of those giving letter grades may not match the total due to questions being left blank. 2018 Judicial Performance Survey Report for Judge Ryan J. Stuart 11 ## Page 14 Diligence Using a grade scale, where an "A" is excellent along with B, C, D or F for fail, please grade Judge Stuart on the following. If, for a specific question you feel that you do not have enough information to grade the judge, please check DK/NA for Don't Know/Not Applicable. Figure 7 0 1 2 3 4 3.67 Diligence Overall Average 3.18 Using good judgment in application of relevant law and 3.67 rules 3.14 Doing the necessary “homework” and being prepared 3.8 for cases 3.22 Being willing to handle cases on the docket even when 3.75 they are complicated and time consuming 3.23 Judge Stuart All County Judges Table 9 Diligence Judge Ryan J. Stuart A B C D Fail DK/NA Total Using good judgment in application of relevant 27 3 2 -- 1 -- 33 law and rules Doing the necessary “homework” and being 25 4 1 -- -- 3 33 prepared for cases Being willing to handle cases on the docket even when they are complicated and time 24 3 -- -- 1 5 33 consuming *Respondents were not required to answer every question. The sum of those giving letter grades may not match the total due to questions being left blank. 2018 Judicial Performance Survey Report for Judge Ryan J. Stuart 12 ## Page 15 Performance Score Based on your responses to the previous questions related to the performance evaluation criteria, do you think Judge Stuart meets judicial performance standards? Table 10 Judge Ryan J. Stuart Yes, meets performance 91% standards No, does not meet 6% performance standards No opinion 3% 2018 Judicial Performance Survey Report for Judge Ryan J. Stuart 13 ## Page 16 Survey of Non Attorneys Methodology and How to Read Results For Judge Ryan J. Stuart, 98 qualified survey respondents submitted surveys. Of those who responded, 74 agreed they had worked with Judge Stuart enough to evaluate their performance. This report reflects these 74 responses. a. Response rates During the 2017 administration, 5,130 survey invitations have been sent to court staff members and 100,869 to other non-attorneys. Among court staff, 1,334 complete surveys have been received and an additional 569 indicated that they did not have enough experience to evaluate the judge. The response rate among court staff is 30% and the completion rate is 70%. Among other non-attorneys, 2,824 complete surveys have been received and an additional 1,549 indicated that they did not have enough experience to evaluate the judge. The response rate among other non-attorneys was 6% and the completion rate was 74%. b. Methodology The 2017 non-attorney survey was conducted via a mixed mode online and mail survey beginning August 17th, 2017 and ending on February 20th, 2018. Due to the ability to contact court staff via email, respondents were split into two groups for data collection: court staff and other non-attorneys. The court staff group includes staff members, interpreters and probation officers. The other non-attorney group includes jurors, defendants, witnesses, litigants, and law enforcement personnel. Court staff members were invited via emailed invitations sent on December 5th and a reminder sent on December 13th. Other non-attorneys with court experiences in the first and second quarters of 2017 where no email addresses were available were first mailed a pre-notification letter sent on August 17th informing them about the survey and providing a link and login information to access the survey online. This was followed up with a second mailing that also included the information to access the survey online, as well as a full printed survey booklet and postage-paid return envelope. This second mailing was sent on September 18th, 2017. This process for other non-attorneys was repeated for those who had experience with judges during the third quarter of 2017. For this cycle the pre-notification letter was sent on November 14th, and the survey booklet on December 13th. For respondents with court experiences during the 4th quarter of 2017, the order of the mailings was switched due to the constraints of the reporting schedule. The first mailing, sent on January 29th, included the full survey booklet and a return mailing envelope as well as instructions to access the survey online. The second mailing, sent on February 14th, included only a letter with instructions to complete the survey online and reminded them of the survey closing on February 20th. 2018 Judicial Performance Survey Report for Judge Ryan J. Stuart 14 ## Page 17 In addition to the main non-attorney survey where respondents were invited to participate, there was also a citizen feedback survey available to all citizens on the OJPE website. This survey opened on August 20th, 2017 and data was downloaded for analysis on February 20th, 2018. During this period 54 valid responses were received. The survey remained open and any responses received after February 20th or for judges not standing for retention in 2018 were held over to be included in the 2019 evaluation cycle. The core questions of this survey matched the regular non-attorney survey with additional demographic questions to identify both the judge and the respondent leaving feedback. When leaving feedback, respondents were required to leave their name and contact information as well as pass a captcha verification check to prevent automated responses. During analysis, these responses were screened so that each respondent could only evaluate each judge or justice once during the cycle and to remove responses for those that provided false or incomplete contact information. c. Questions Respondents evaluated judges on 19 aspects of judicial performance using a grade scale of A, B, C, D, or Fail. In a final question, respondents were asked if they thought whether the judge met judicial performance standards. This question was re-worded from previous survey administrations when respondents were asked how strongly they would or would not recommend a judge for retention. Question Category Areas* Court Staff Other Non-attorneys Question Categories Application of Law 3 3 Communications 3 3 Demeanor 4 4 Diligence 5 5 Fairness 4 4 Individual Questions Meets Performance Standards 1 1 *The numbers in the table refer to the number of question s asked in each catego ry by survey group. d. Analysis and Reporting Letter grades were then converted to a numerical score where A = 4, B = 3, C = 2, D = 1 and Fail = 0 for analysis. The results include an overall grade, a grade for each category, as well as a grade for each question. The overall score is calculated by averaging the responses to all questions answered. This score will have the same numerical range as the individual questions from zero to four. 2018 Judicial Performance Survey Report for Judge Ryan J. Stuart 15 ## Page 18 Each category score is calculated by averaging the responses to all questions answered by the respondent with each category. This score will have the same numerical range as the individual questions from zero to four. Similarly, an average score is calculated for each individual question with the exception of the meets performance standards question. The overall average and category scores will be reported for each judge along with the average scores for the judge’s peers. The average score (with exception noted above) will also be reported for each question, along with the peer group score. In addition, the report will include the distribution of responses for each question. That is, the percentage of respondents that assigned a rating of A, B, C, D, and F. e. Comments At the end of each group of questions, respondents had the option of leaving comments about the judge’s performance in that area. Respondents were also asked what they considered to be the judge’s strengths and weaknesses and allowed to leave open ended responses to each. By statute, these comments are confidential and only provided to the judge and the District Commission on Judicial Performance. They are not released to the public when the rest of the report is released. 2018 Judicial Performance Survey Report for Judge Ryan J. Stuart 16 ## Page 19 Demeanor Using a grade scale, where an “A” is excellent along with B, C, D or F for fail, please grade the judge on the following. If you feel that you don’t have experience with the judge in a specific area, or just don’t know, please mark “Don’t Know/Not Applicable”—DK/NA. Figure 8 0 1 2 3 4 3.58 Demeanor Overall Average 3.56 3.62 Giving proceedings a sense of dignity 3.61 3.7 Treating participants with respect 3.60 3.56 Conducting his/her courtroom in a neutral manner 3.54 Having a sense of compassion and human 3.45 understanding for those who appear before him/her 3.51 Judge Stuart All County Judges Table 11 Demeanor Judge Ryan J. Stuart A B C D Fail DK/NA Total Giving proceedings a sense of dignity 54 14 3 -- 2 2 75 Treating participants with respect 60 9 3 1 1 1 75 Conducting his/her courtroom in a neutral 55 8 5 2 2 3 75 manner Having a sense of compassion and human understanding for those who appear before 52 12 4 3 3 1 75 him/her *Respondents were not required to answer every question. The sum of those giving letter grades may not match the total due to questions being left blank. 2018 Judicial Performance Survey Report for Judge Ryan J. Stuart 17 ## Page 20 Fairness Using a grade scale, where an “A” is excellent along with B, C, D or F for fail, please grade the judge on the following. If you feel that you don’t have experience with the judge in a specific area, or just don’t know, please mark “Don’t Know/Not Applicable”—DK/NA. Figure 9 0 1 2 3 4 3.53 Fairness Overall Average 3.56 3.54 Giving participants an opportunity to be heard 3.59 3.56 Treating those involved in the case without bias 3.53 3.53 Treating fairly people who represent themselves 3.54 3.49 Giving each side enough time to present his or her case 3.59 Judge Stuart All County Judges Table 12 Fairness Judge Ryan J. Stuart A B C D Fail DK/NA Total Giving participants an 53 10 6 1 2 2 74 opportunity to be heard Treating those involved in the 56 8 3 2 3 1 73 case without bias Treating fairly people who 46 7 3 1 3 13 73 represent themselves Giving each side enough time 51 10 5 -- 4 3 73 to present his or her case *Respondents were not required to answer every question. The sum of those giving letter grades may not match the total due to questions being left blank. 2018 Judicial Performance Survey Report for Judge Ryan J. Stuart 18 ## Page 21 Communications Using a grade scale, where an “A” is excellent along with B, C, D or F for fail, please grade the judge on the following. If you feel that you don’t have experience with the judge in a specific area, or just don’t know, please mark “Don’t Know/Not Applicable”—DK/NA. Figure 10 0 1 2 3 4 3.67 Communications Overall Average 3.69 3.6 Making sure all participants understand the proceedings 3.65 3.66 Using language that everyone can understand 3.70 Speaking clearly so everyone in the courtroom can hear 3.73 what’s being said 3.72 Judge Stuart All County Judges Table 13 Communications Judge Ryan J. Stuart A B C D Fail DK/NA Total Making sure all participants understand the 52 16 3 1 1 1 74 proceedings Using language that everyone can understand 55 13 6 -- -- -- 74 Speaking clearly so everyone in the courtroom can 58 12 4 -- -- -- 74 hear what’s being said *Respondents were not required to answer every question. The sum of those giving letter grades may not match the total due to questions being left blank. 2018 Judicial Performance Survey Report for Judge Ryan J. Stuart 19 ## Page 22 Diligence Using a grade scale, where an “A” is excellent along with B, C, D or F for fail, please grade the judge on the following. If you feel that you don’t have experience with the judge in a specific area, or just don’t know, please mark “Don’t Know/Not Applicable”—DK/NA. Figure 11 0 1 2 3 4 3.43 Diligence Overall Average 3.59 3.43 Beginning court on time 3.53 Doing the necessary “homework” and being prepared 3.51 for cases 3.64 3.56 Maintaining appropriate control over proceedings 3.67 3.44 Setting reasonable schedules for cases 3.60 Managing court proceedings so that there is little 3.33 wasted time 3.55 Judge Stuart All County Judges Table 14 Diligence Judge Ryan J. Stuart A B C D Fail DK/NA Total Beginning court on time 46 12 9 2 1 4 74 Doing the necessary “homework” and being 47 12 7 1 1 6 74 prepared for cases Maintaining appropriate control over 51 12 6 1 1 3 74 proceedings Setting reasonable schedules for cases 41 16 7 1 1 8 74 Managing court proceedings so that there is 48 9 9 3 3 2 74 little wasted time *Respondents were not required to answer every question. The sum of those giving letter grades may not match the total due to questions being left blank. 2018 Judicial Performance Survey Report for Judge Ryan J. Stuart 20 ## Page 23 Application of Law Using a grade scale, where an “A” is excellent along with B, C, D or F for fail, please grade the judge on the following. If you feel that you don’t have experience with the judge in a specific area, or just don’t know, please mark “Don’t Know/Not Applicable”—DK/NA. Figure 12 0 1 2 3 4 3.51 Application and Knowledge of Law Overall Average 3.52 3.51 Giving reasons for rulings 3.52 Willing to make decision without regard to possible 3.59 outside pressure 3.55 3.47 Being able to identify and analyze relevant facts 3.52 Judge Stuart All County Judges Table 15 Application and Knowledge of Law Judge Ryan J. Stuart A B C D Fail DK/NA Total Giving reasons for rulings 50 9 5 2 2 6 74 Willing to make decision without regard to possible outside 49 8 2 2 2 11 74 pressure Being able to identify and 48 10 2 3 3 8 74 analyze relevant facts *Respondents were not required to answer every question. The sum of those giving letter grades may not match the total due to questions being left blank. 2018 Judicial Performance Survey Report for Judge Ryan J. Stuart 21 ## Page 24 Performance Score Based on your responses to the previous questions related to the performance evaluation criteria, do you think Judge Stuart meets judicial performance standards? Table 16 Judge Ryan J. Stuart Yes, meets performance 90% standards No, does not meet 6% performance standards No opinion 4% 2018 Judicial Performance Survey Report for Judge Ryan J. Stuart 22
  • 2014 cycle
    • Read full retention survey textexpand
      ## Page 1 State of Colorado Logo COMMISSION ON JUDICIAL PERFORMANCE TThhee HHoonnoorraabbllee RRyyaann JJ.. SSttuuaarrtt 2014 Judicial Performance Survey Report 1st Judicial District ## Page 2 March 26, 2014 The Honorable Ryan J. Stuart Jefferson County Court & Admin. Facility Court Section Golden, CO 80401 Dear Judge Stuart: I am pleased to make available to you the attached copy of your 2014 Judicial Performance Survey Report. This report includes the survey results from two important stakeholder groups: 1) attorneys who have had cases in your court or who are knowledgeable about your judicial performance; and 2) non-attorneys who have observed your performance in court or who have knowledge of your performance as a judge. In addition to this introduction, the report is divided into five main sections: 1. A brief summary of the results of the attorney and non-attorney surveys. 2. The numerical results of the survey of attorneys in both tabular and graphical form. In addition to the numerical results, this section also contains comments attorneys made about your judicial performance. In some instances the comments have been redacted to eliminate respondent identifying information. 3. The numerical results of the survey of non-attorneys in both tabular and graphical form. In addition to the numerical results, this section also contains comments these respondents made on the subject of your judicial performance. In few instances the comments have been redacted to eliminate respondent identifying information. 4. The fourth section of the report discusses the methodology of the surveys. 5. The final section provides copies of the questions or questionnaires that were used for each survey. If you have any questions about the methodology and how the survey was conducted, please feel free to contact me at 505-821-5454 or by email at sanderoff@rpinc.com (please put the words “Judicial Performance” in the subject line), and for any other questions you might have about the survey please call the Executive Director of the Office of Judicial Performance Evaluation, Kent Wagner, at 303-928-7779. Best regards, Brian Sanderoff President ## Page 3 Summary of Results Respondents rated judges on various questions using an A to F scale, in which the grades were then converted to numerical scores: A= 4, B=3, C=2, D=1 and F=0. An average score of 4.0 is the highest possible score and a 0.0 is the lowest possible score. On average, Judge Ryan J. Stuart received an overall combined average grade of 3.59 in the 2014 Judicial Performance Survey. This is calculated by adding the overall average grade received from attorney respondents, 3.53, to the overall average grade received from non-attorney respondents, 3.64, divided by two. The average combined grade for all county judges standing for retention in 2014 is 3.43 [not shown below]. Judge Stuart Average Grades (All Years) Combined Attorney Non-attorney Overall Grade 3.59 3.53 3.64 Sample Size - 66 88 Table 1 The results presented in this report are based on data collected in 2010, 2011, 2012, and 2013. (See Methodology section for description of sampling process.) Table 2 shows Judge Stuart’s overall average grades for up to four years (for each year in which survey results are available.) Provisional judges will not have samples for the years prior to their appointment. Judge Stuart Average Grades by Year Combined Attorney Non-Attorney Average Average Sample Average Sample Year Score Score Size Score Size 2010 NA NA NA NA NA 2011 NA NA NA NA NA 2012 NA NA NA NA NA 2013 3.59 3.53 66 3.64 88 Overall 3.59 3.53 66 3.64 88 Table 2 1 ## Page 4 Comparison of Jurors vs. Non-Jurors Among Non-Attorney Population Among the non-attorney population, jurors tend to grade judges much higher than non- jurors. The juror overall average grade for all county judges standing for retention in 2014 is 3.78, while the overall average grade awarded by non-jurors is 3.28. The effect of this is that judges with a higher percentage of jurors in their sample tend to have higher average grades in the non-attorney survey than those judges with a small percentage of jurors. The number of jurors in a judge’s sample is, of course, closely related to the number of jury trials the judge presides over. The table below shows Judge Stuart’s non-attorney results broken out by jurors and non- jurors. It also shows the overall average juror and non-juror grades for all county judges standing for retention in 2014 (see two columns on far right). Average Grades for Jurors vs. Non-Jurors (All Years) All County Judge Stuart Judges* Jurors Non-Jurors Average Sample Average Sample Juror Non-Juror Score Size % Score Size % Average Average 3.90 52 59% 3.27 36 41% 3.78 3.28 Table 3 * Includes only the County judges evaluated during this retention cycle. 2 ## Page 5 SSuurrvveeyy ooff AAtoorrnneeyyss RReeggaarrddiinngg JJuuddggee RRyyaann JJ.. SSttuuaarrtt ((SSaammppllee SSiizzee 6)) ## Page 6 Survey of Attorneys Regarding County Judges Average (0.0 to 4.0 scale) Judge Ryan J. Stuart Ryan J. Stuart All County Sample Size = 66 A B C D Fail DK/NA Judges* 1. Case Management: 1a. Promptly issuing a decision on the case after trial. 46% 11% 5% 0% 0% 39% 3.66 3.50 1b. Maintaining appropriate control over proceedings. 70% 14% 11% 2% 0% 4% 3.58 3.39 1c. Promptly ruling on pre-trial motions. 58% 19% 4% 2% 0% 18% 3.62 3.37 1d. Setting reasonable schedules for cases. 68% 14% 9% 0% 0% 9% 3.65 3.37 Overall Case Management 3.63 3.41 2. Application and Knowledge of Law: 2a. Being able to identify and analyze relevant facts. 65% 18% 12% 0% 2% 4% 3.49 3.25 2b. Basing decisions on evidence and arguments. 67% 14% 12% 2% 2% 4% 3.47 3.13 2c. Willing to reconsider error in fact or law. 44% 11% 11% 2% 2% 32% 3.36 3.01 2d. Issuing consistent sentences when the circumstances are 45% 19% 6% 2% 0% 28% 3.47 3.25 similar. Overall Application and Knowledge of Law 3.45 3.16 3. Communications: 3a. Making sure all participants understand the proceedings. 70% 19% 7% 0% 0% 4% 3.65 3.49 3b. Providing written communications that are clear, thorough 44% 16% 7% 0% 0% 33% 3.55 3.30 and well reasoned. Overall Communications 3.60 3.40 4. Demeanor: 4a. Giving proceedings a sense of dignity. 74% 18% 7% 2% 0% 0% 3.63 3.39 4b. Treating participants with respect. 75% 14% 9% 2% 0% 0% 3.63 3.40 4c. Conducting the courtroom in a neutral manner. 70% 11% 11% 7% 2% 0% 3.40 3.20 4d. Consistently applying laws and rules. 67% 11% 7% 5% 5% 5% 3.35 3.21 Overall Demeanor 3.50 3.30 5. Diligence: 5a. Using good judgment in application of relevant law and 68% 9% 14% 4% 2% 4% 3.44 3.15 rules. 5b. Doing the necessary "homework" and being prepared for 63% 16% 7% 4% 4% 7% 3.42 3.24 cases. 5c. Being willing to handle cases on the docket even when 56% 11% 5% 2% 0% 26% 3.64 3.36 they are complicated and time consuming. Overall Diligence 3.50 3.25 Overall Average Grade: 3.53 3.29 * Includes only the County judges evaluated during this retention cycle. Note: Respondents rated judges on various questions using an A to F scale, in which the grades were then converted to numerical scores: A=4, B=3, C=2, D=1 and F=0. An average score of 4.0 is the highest possible score and a 0.0 is the lowest possible score. 'DK/NA' = Don't Know / Not Applicable. 2014 Judicial Performance Survey Report 3 ## Page 7 Survey of Attorneys Regarding County Judges Percentage Judge Ryan J. Stuart Ryan J. Stuart All County Judges* Would you say the judge is: Very biased in favor of the prosecution 15% 10% Somewhat biased in favor of the prosecution 26% 25% Completely neutral 55% 51% Somewhat biased in favor of the defense 2% 7% Very biased in favor of the defense 0% 2% Don't know or not sure 2% 5% How strongly do you recommend that the Judge be retained in office, or not be retained in office? Strongly recommend retain 67% 55% Recommend retain 12% 23% Neither recommend nor not recommend retain 9% 9% Recommend not retain 12% 6% Strongly recommend not retain 0% 7% Total Retain 79% 78% Neither 9% 9% Total Not Retain 12% 13% * Includes only the County judges evaluated during this retention cycle. 2014 Judicial Performance Survey Report 4 ## Page 8 Judge Ryan J. Stuart Survey of Attorneys Regarding County Judges Average Grades 3.53 Overall Average Grade 3.29 3.63 Q1. Overall Case Management 3.41 1a. Promptly issuing a decision on the 3.66 case after trial. 3.50 3.58 1b. Maintaining appropriate control over proceedings. 3.39 3.62 1c. Promptly ruling on pre-trial motions. 3.37 1d. Setting reasonable schedules for cases. 3.65 3.37 3.45 Q2. Overall App & Knowledge of Law 3.16 3.49 2a. Being able to identify and analyze relevant facts. 3.25 3.47 2b. Basing decisions on evidence and arguments. 3.13 3.36 2c. Willing to reconsider error in fact or law. 3.01 3.47 2d. [Criminal only] Issuing consistent sentences 3.25 when circumstances are similar. 3.60 Q3. Overall Communication 3.40 3.65 3a. Making sure all participants understand 3.49 the proceedings. 3.55 3b. Providing written communications that are 3.30 clear, thorough and well reasoned. 2.0 2.5 3.0 3.5 4.0 Ryan J. Stuart All County Judges* * Includes only the County judges evaluated during this retention cycle. Judge Ryan J. Stuart 5 2014 Judicial Performance Survey Report ## Page 9 * Includes only the County judges evaluated during this retention cycle. Judge Ryan J. Stuart Survey of Attorneys Regarding County Judges Average Grades 3.50 Q4. Overall Demeanor 3.30 3.63 4a. Giving proceedings a sense of dignity. 3.39 3.63 4b. Treating participants with respect. 3.40 4c. Conducting the courtroom in a 3.40 neutral manner. 3.20 3.35 4d. Consistently applying laws and rules. 3.21 3.50 Q5. Overall Diligence 3.25 5a. Using good judgment in application of 3.44 relevant laws and rules. 3.15 5b. Doing the necessary 'homework' and 3.42 being prepared for cases. 3.24 5c. Being willing to handle cases on the docket even 3.64 when they are complicated and time consuming. 3.36 2.0 2.5 3.0 3.5 4.0 Biased in favor of prosecution/defense. 15% Very biased in favor of the prosecution 10% 26% Somewhat biased in favor of the prosecution 25% 55% Completely Neutral 51% 2% Somewhat biased in favor of the defense 7% 0% Very biased in favor of the defense 2% 2% Don't know/not sure 5% 0% 10% 20% 30% 40% 50% 60% Ryan J. Stuart All County Judges* * Includes only the County judges evaluated during this retention cycle. 6 2014 Judicial Performance Survey Report ## Page 10 * Includes only the County judges evaluated during this retention cycle. Judge Ryan J. Stuart Survey of Attorneys Regarding County Judges How strongly do you recommend that Judge Stuart be retained or not retained in office? 67% Strongly recommend retain 55% 12% Recommend retain 23% 9% All Cnty Neither retain nor not retain 9% Judge Stuart Judges* Total Retain 79% 78% 12% Neither 9% 9% Recommend not retain 6% Total Not Retain 12% 13% 0% Strongly recommend not retain 7% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Ryan J. Stuart All County Judges* * Includes only the County judges evaluated during this retention cycle. 7 2014 Judicial Performance Survey Report ## Page 11 SSuurrvveeyy ooff NNoonn--AAtoorrnneeyyss RReeggaarrddiinngg JJuuddggee RRyyaann JJ.. SSttuuaarrtt ((SSaammppllee SSiizzee 8)) ## Page 12 Survey of Non-Attorneys Regarding County Judges Average (0.0 to 4.0 scale) Judge Ryan J. Stuart Ryan J. Stuart All County Sample Size = 88 A B C D Fail DK/NA Judges* 1. Demeanor: 1a. Giving court proceedings a sense of dignity. 84% 9% 1% 1% 5% 0% 3.67 3.59 1b. Treating participants in the case politely and with respect. 88% 6% 1% 0% 6% 0% 3.69 3.62 1c. Conducting the courtroom in a neutral manner. 84% 8% 2% 1% 5% 0% 3.66 3.53 1d. Having a sense of compassion and human understanding 74% 15% 3% 0% 6% 2% 3.55 3.50 for those who appear before the judge. Overall Demeanor 3.64 3.56 2. Fairness: 2a. Giving participants an opportunity to be heard. 84% 7% 3% 0% 6% 0% 3.63 3.59 2b. Treating those involved in the case without bias. 79% 14% 0% 0% 6% 1% 3.62 3.52 2c. Treating fairly people who represent themselves. 61% 10% 1% 0% 6% 22% 3.54 3.52 2d. Giving each side enough time to present his or her case. 82% 7% 1% 0% 6% 4% 3.65 3.60 Overall Fairness 3.61 3.56 3. Communications: 3a. Making sure participants understand the proceedings, and 85% 10% 0% 0% 5% 0% 3.71 3.64 what's going on in the courtroom. 3b. Using language that everyone can understand. 85% 11% 0% 0% 5% 0% 3.71 3.67 3c. Speaking clearly so everyone in the courtroom can hear 86% 8% 1% 0% 5% 0% 3.71 3.70 what's being said. Overall Communications 3.71 3.67 4. Diligence: 4a. Beginning court on time. 80% 8% 7% 1% 2% 2% 3.65 3.50 4b. Maintaining appropriate control over proceedings. 87% 6% 2% 0% 5% 0% 3.71 3.67 4c. Setting reasonable schedules for cases. 72% 13% 2% 0% 5% 7% 3.60 3.57 4d. Being prepared for cases. 81% 7% 2% 1% 5% 4% 3.65 3.62 4e. Managing court proceedings so that there is little wasted 80% 11% 4% 1% 5% 0% 3.60 3.51 time. Overall Diligence 3.64 3.57 5. Application of Law: 5a. Giving reasons for rulings. 76% 9% 3% 0% 6% 6% 3.58 3.49 5b. Willing to make decision without regard to possible outside 73% 8% 2% 0% 6% 11% 3.59 3.52 pressure. 5c. Being able to identify and analyze relevant facts. 81% 7% 4% 0% 6% 2% 3.61 3.50 Overall Application of Law 3.59 3.50 Overall Average Grade: 3.64 3.57 * Includes only the County judges evaluated during this retention cycle. Note: Respondents rated judges on various questions using an A to F scale, in which the grades were then converted to numerical scores: A=4, B=3, C=2, D=1 and F=0. An average score of 4.0 is the highest possible score and a 0.0 is the lowest possible score. 'DK/NA' = Don't Know / Not Applicable. 2014 Judicial Performance Survey Report 9 ## Page 13 Survey of Non-Attorneys Regarding County Judges Percentage Judge Ryan J. Stuart Ryan J. Stuart All County Judges* 6. Average Bias [Please see the questionnaire at the end of report for question wording.] Biased in favor of the prosecution total 6% 11% Competely neutral 90% 80% Biased in favor of the defense total 5% 8% [A positive average indicates bias toward prosecution, and a Average -0.10 0.08 negative average indicates a bias toward the defense.] 7. Average Sentencing [Please see the questionnaire at the end of report for question wording.] Harsh sentencing total 14% 10% Competely neutral 78% 76% Lenient sentencing total 6% 14% [A positive average indicates sentences are harsh, and a Average 0.17 -0.01 negative average indicates sentences are lenient.] How strongly do you recommend that the Judge be retained, or not be retained in office? Strongly recommend retain 80% 68% Recommend retain 10% 18% Neither recommend nor not recommend retain 3% 6% Recommend not retain 0% 3% Strongly recommend not retain 6% 5% Total Retain 90% 86% Neither 3% 6% Total Not Retain 6% 8% * Includes only the County judges evaluated during this retention cycle. 2014 Judicial Performance Survey Report 10 ## Page 14 Judge Ryan J. Stuart Survey of Non-Attorneys Regarding County Judges Average Grades 3.64 Overall Average Grade 3.57 3.64 Q1. Overall Demeanor 3.56 3.67 1a. Giving proceedings a sense of dignity. 3.59 1b. Treating participants politely and with respect. 3.69 3.62 1c. Conducting the courtroom in a neutral 3.66 manner. 3.53 1d. Having a sense of compassion and human 3.55 understanding for those who appear before the judge. 3.50 3.61 Q2. Overall Fairness 3.56 2a. Giving participants an opportunity to be 3.63 heard. 3.59 2b. Treating those involved in the 3.62 case without bias. 3.52 2c. Treats people fairly who represent 3.54 themselves. 3.52 2d. Giving each side enough time to present his 3.65 or her case. 3.60 3.71 Q3. Overall Communications 3.67 3a. Making sure participants understand the 3.71 proceedings, and what's going on in the courtroom. 3.64 3b. Using language that everyone can 3.71 understand. 3.67 3c. Speaking clearly so everyone in the courtroom 3.71 can hear what's being said. 3.70 2.0 2.5 3.0 3.5 4.0 Ryan J. Stuart All County Judges* * Includes only the County judges evaluated during this retention cycle. Judge Ryan J. Stuart 11 2014 Judicial Performance Survey Report ## Page 15 Judge Ryan J. Stuart Survey of Non-Attorneys Regarding County Judges Average Grades 3.64 Q4. Overall Diligence 3.57 3.65 4a. Beginning court on time. 3.50 4b. Maintaining appropriate control over 3.71 proceedings. 3.67 4c. Setting reasonable schedules for cases. 3.60 3.57 4d. Being prepared for cases. 3.65 3.62 4e. Managing court proceedings so that there is 3.60 little wasted time. 3.51 3.59 Q5. Overall Application of Law 3.50 3.58 5a. Giving reasons for rulings. 3.49 5b. Willing to make decision without regard to 3.59 possible outside pressure. 3.52 5c. Being able to identify and analyze 3.61 relevant facts. 3.50 2.0 2.5 3.0 3.5 4.0 Q6 Biased in favor of prosecution/defense. 1 -0.10 Ryan J. Stuart 0.08 All County Judges* -5 -4 -3 -2 -1 0 1 2 3 4 5   Defense Prosecution 1-A negative average score indicates bias toward the defense, and a positive average score indicates bias toward prosecution. Q7 Lenience or Harshness in Sentencing. 2 0.17 Ryan J. Stuart -0.01 All County Judges* -5 -4 -3 -2 -1 0 1 2 3 4 5   Lenient Harsh 2-A negative average score indicates sentences are lenient, and a positive average score indicates sentences are harsh. Ryan J. Stuart All County Judges* * Includes only the County judges evaluated during this retention cycle. 12 2014 Judicial Performance Survey Report ## Page 16 * Includes only the County judges evaluated during this retention cycle. Judge Ryan J. Stuart Survey of Non-Attorneys Regarding County Judges How strongly do you recommend that Judge Stuart be retained or not retained in office? 80% Strongly recommend retain 68% 10% Recommend retain 18% 3% Neither retain nor not retain All Cnty 6% Judge Stuart Judges* 0% Total Retain 90% 86% Recommend not retain 3% Neither 3% 6% Total Not Retain 6% 8% 6% Strongly recommend not retain 5% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Ryan J. Stuart All County Judges* * Includes only the County judges evaluated during this retention cycle. 13 2014 Judicial Performance Survey Report ## Page 17 MMeetthhooddoollooggyy ## Page 18 MMeetthhooddoollooggyy The results shown in the 2014 Judicial Performance Survey Report are based on two surveys: The Survey of Attorneys Regarding Trial Judges, and the Survey of Non- Attorneys Regarding Trial Judges. Below is a description of the methodology used in the two surveys. I Attorneys Regarding County Judges a. Sample: Research & Polling, Inc. received case data with the names of attorneys who had likely been in each judge’s courtroom from the following primary sources:  Colorado Judicial Department  Colorado District Attorneys’ Council  Colorado Public Defender’s Office  Denver County Courts  District Attorney’s Office, Second Judicial District (Denver) The data from these different sources are combined, duplicates removed, and addresses corrected. Only judges that are due to receive a retention evaluation in 2014 were evaluated during this reporting cycle. The intent was to increase the number of completed attorney evaluations for each judge by excluding those not due to receive a retention evaluation in 2014. The number of possible judges that attorney respondents could evaluate was 10. Attorneys are first mailed a letter inviting them to complete the survey online. The letter provides the link to the online survey, as well as a unique password to access the survey. Approximately one week later, attorneys are sent an email invitation to complete the online survey, which also provides the Web address and their unique password. About a week after the first email is sent, a reminder email is sent, providing the same information. Potential respondents who do not complete the survey after the second email are then telephoned and asked to either complete the survey by phone, or to complete it online. Since 2010, the Judicial Performance Survey reports are based on a moving average, or rolling sample, of data collected over a period of time equal to the justice’s or judge’s term of office: ten years for a Supreme Court justice, eight years for a COA judge, six years for a district judge, and four years for a county judge. To use a county judge as an example: as survey data is collected it is pooled together for four years. After four years, as new data is added to the judge’s survey results, the oldest data in the pool is deleted. 15 ## Page 19 b. Questions: Respondents evaluated judges on 17 aspects of judicial performance using a grade scale of A, B, C, D, or F. (See Questionnaire section.) These grades were then converted to a numerical score where A = 4, B = 3, C = 2, D = 1 and Fail = 0. The A through F scale was chosen because it is almost universally recognized and understood. This makes it easy for respondents to complete their questionnaire, and for the public to interpret the results. Respondents were also asked if they considered the judge biased toward the defense or prosecution in criminal cases. In a final question, respondents were asked to indicate how strongly they would recommend that the judge be retained or not retained in office. For this evaluation cycle, the “Don’t know enough to make a recommendation” response category was excluded from the retention question. c. Analysis: The Attorneys Regarding County Judges section first shows a table of the percentage distribution for each of the A through F questions, including “don’t know/not applicable” responses. The next column to the right shows the judge’s average grade for each question. For comparison purposes, averages were also computed for all county judges standing for retention in 2014 and are shown in the furthest right column on the page. Tables showing the percentage distribution for all questions for all county retention judges are located at the end of this methodology section. The overall question averages are calculated by adding up the averages for each question and dividing by the number of questions. The next table shows the percentage distribution of the responses to the question about recommending retention. The first column of percentages is for the report-judge and the second column displays the percentages for all county retention judges. The next page displays the question averages in horizontal bar-graph form. The percentage distribution to the retention question is then presented in the graph on the next page. The last part of the Attorneys Regarding County Judges section of the report lists the comments the attorneys made about the judge’s strengths and weaknesses. d. Comments: Respondents were also asked what they considered to be the judge’s strengths and weaknesses. By statute, these comments are confidential and only provided to the judge and the District Commission on Judicial Performance. They are not released to the public when the rest of the report is released. Before being given to the judge and the Commission, an attempt is made to redact all respondent identifying information from the comments. The number to the left of each comment refers to the same attorney respondent in both the strengths section and the weaknesses section. Most spelling and typographical errors have been corrected. 16 ## Page 20 e. Cooperation Rate: The overall cooperation rate for the Attorneys Regarding Trial Judges Survey is calculated as the number of completed survey evaluations divided by the number of possible evaluations resulting in an overall response rate of 47.0% for district judges and 40.5% for county judges. An equivalent response rate for an individual judge is computed in the same manner. Undeliverable surveys have been excluded from the cooperation rates. II Non-Attorneys Regarding County Judges a. Sample: Research & Polling, Inc. received case data with the names of non-attorneys who had likely been in each judge’s courtroom from the following primary sources:  Colorado Judicial Department  Colorado District Attorneys’ Council  Colorado Public Defender’s Office  Denver County Courts  District Attorney’s Office, Second Judicial District (Denver) The data from these different sources are combined, duplicates removed, and addresses corrected. Only the judges standing for retention in 2014 were evaluated during this reporting cycle. The intent was to increase the number of completed non-attorney evaluations for each retention judge by excluding those not standing for retention. All non-attorneys with courtroom experience were surveyed (i.e. court employees, court interpreters, probation officers, witnesses, law enforcement, jurors, crime victims, etc.). The only exception to this were the criminal defendants and civil litigants for which RPI selected a random sample. Court staff, probation officers, and court interpreters were asked to complete the survey online. They are sent an email invitation to complete the online survey, which also provides the Web address and their unique password. About a week after the first email is sent, a reminder email is sent, providing the same information. Other non-attorneys were surveyed via standard mail. First, they were mailed an initial postcard informing the recipient that he or she would be receiving a questionnaire. Two to three weeks after the postcard was mailed, the potential respondent was sent a personalized introductory letter and a questionnaire with a postage-paid return envelope. If the person did not respond, a second questionnaire and letter were sent approximately four weeks later. Questionnaires are barcoded, and if a respondent mailed back two questionnaires, the second one was deleted from the data file. Since 2010, the non-attorney section of the Judicial Performance Survey reports have been based on a moving average, or rolling sample, of survey results collected over a period of time equal to the judge’s term of office: six years for a district judge and four years for a county judge. To use a county judge as an example: as survey data is 17 ## Page 21 collected, it is pooled together for four years. After four years, as new data is added to the judge’s survey results, the oldest data in the pool is deleted. b. Questions: Respondents evaluated judges on 19 aspects of judicial performance using a grade scale of A, B, C, D, or F. (See Questionnaire section.) These grades were then converted to a numerical score where A = 4, B = 3, C = 2, D = 1 and Fail = 0. The A through F scale was chosen because it is almost universally recognized and understood. This makes it easy for respondents to complete their questionnaire, and for the public to interpret the results. Respondents were also asked if they considered the judge biased toward the defense or prosecution in criminal cases. In a final question, respondents were asked to indicate how strongly they would recommend that the judge be retained or not retained in office. A copy of the questionnaire is included in the last section of this report. c. Analysis: The Non-Attorneys Regarding County Judges section first shows a table of the percentage distribution for each of the A through F questions, including “don’t know/not applicable” responses. The next column to the right shows the judge’s average grade for each question. For comparison purposes, averages were also computed for all county judges standing for retention in 2014 and are shown in the furthest right column on the page. Tables showing the percentage distribution for all questions for all county retention judges are located at the end of this methodology section. The overall question averages are calculated by adding up the averages for each question and dividing by the number of questions. The next table shows the percentage distribution of the responses to the questions about prosecution or defense bias and recommending retention. The first column of percentages is for the report-judge and the second column displays the percentages for all county retention judges. The next page displays the question averages in horizontal bar-graph form. The percentage distribution of the prosecution-defense bias and retention questions are then presented in the graph on the next page. The last part of the Non-Attorneys Regarding County Judges section of the report lists the comments the non-attorneys made about the judge’s strengths and weaknesses. d. Comments: In addition to the A through F questions, non-attorney respondents were asked what they considered to be the judge’s strengths and weaknesses. By statute, these comments are confidential and only provided to the judge and the District Commission on Judicial 18 ## Page 22 Performance. They are not released to the public when the rest of the report is released. Before being given to the judge and the Commission, an attempt is made to redact all respondent identifying information from the comments. The number to the left of each comment refers to the same non-attorney respondent in both the strengths section and the weaknesses section. e. Cooperation Rate: The estimated cooperation rate for the non-attorney survey is calculated as the number of completed questionnaires divided by the number of eligible respondents who actually received a questionnaire. The following table shows the total number of questionnaires mailed, completed, non-responses and refusals, undeliverables, and other responses. The table presents the estimated overall cooperation rate as well as the cooperation rate by the different types of respondents. The true cooperation rates are likely higher than shown because of the percentage of people who were mailed questionnaires about judges with whom they may not have had sufficient experience. This is due, in part, to many cases being disposed of without the parties having appeared in court, as well as in the case of law enforcement, the data includes all those who were subpoenaed for a case, not just those who appeared. A table of the response counts by respondent type for Judge Stuart is shown on the following page, and on the next page is a table of the overall cooperation rates for both the Attorney and Non-Attorney Regarding County Judges surveys for all county judges. 19 ## Page 23 Judge Ryan J. Stuart Judge Response Counts by Type of Respondent Total No Undeliverable/ Other Non- Coop Role Type Sent Response Not Applicable Responses Completes Rate Attorneys Criminal District Attorneys 33 11 4 0 18 62.1% Defense Attorneys 141 54 40 0 47 46.5% Civil Other Attorneys Civil 3 1 1 0 1 50.0% Total Attorneys 177 66 45 0 66 50.0% Non-attorneys Criminal Law Enforcement 22 10 11 0 1 9.1% Defendant 155 84 60 2 9 9.5% Civil Litigant 155 97 35 2 21 17.5% Witness 2 0 1 0 1 100.0% Jurors 104 42 7 3 52 53.6% Employees, including Interpreters 8 4 0 0 4 50.0% Total Non-attorneys 446 237 114 7 88 26.5% Grand Total: 623 303 159 7 154 33.2% Note: “Undeliverable/Not Applicable” surveys are removed from the “Total Sent” prior to calculating the cooperation rate. 2014 Judicial Performance Survey Report 20 ## Page 24 Total Response Counts by Type of Respondent for All County Judges* Total No Undeliverable/ Other Non- Completes Cooperation Sent Response Not Applicable Responses Rate Attorneys Criminal District Attorneys 3594 2045 401 0 1148 36.0% Defense Attorneys 14216 7585 1564 0 5067 40.0% Other Attorneys Criminal 74 36 11 0 27 42.9% Civil Attorneys for Litigants 1112 539 102 0 471 46.6% Other Attorneys Civil 2806 1314 354 0 1138 46.4% GAL 3 0 1 0 2 100.0% Total Attorneys 21805 11519 2433 0 7853 40.5% Non-attorneys Criminal Victim 107 56 46 3 2 3.3% Witness 4737 2452 972 217 1096 29.1% Other 250 158 51 8 33 16.6% Law Enforcement 5197 3617 687 84 809 17.9% Defendant 28477 14984 10765 293 2435 13.7% Civil Litigant 13361 7324 3911 296 1830 19.4% Witness 487 271 111 9 96 25.5% Other 33 12 5 1 15 53.6% Jurors 14948 6911 1159 303 6575 47.7% Employees, including Interpreters 1002 410 129 0 463 53.0% Probation Officers 2 0 1 0 1 100.0% Total Non-attorneys 68601 36195 17837 1214 13355 26.3% Grand Total: 90406 47714 20270 1214 21208 30.2% * Includes only the County judges evaluated during this retention cycle. Note: “Undeliverable/Not Applicable” surveys are removed from the “Total Sent” prior to calculating the cooperation rate. 2014 Judicial Performance Survey Report 21 ## Page 25 Survey of Attorneys Regarding County Judges All County Judges* Average Grade Sample Size = 7853 A B C D Fail DK/NA (0.0 to 4.0 scale) 1. Case Management: 1a.Promptly issuing a decision on the case after trial. 50% 18% 5% 2% 1% 24% 3.50 1b.Maintaining appropriate control over proceedings. 61% 23% 9% 3% 2% 1% 3.39 1c.Promptly ruling on pre-trial motions. 49% 22% 7% 3% 2% 18% 3.37 1d.Setting reasonable schedules for cases. 58% 24% 8% 3% 3% 4% 3.37 Overall Case Management 3.41 2. Application and Knowledge of Law: 2a.Being able to identify and analyze relevant facts. 54% 24% 10% 5% 4% 3% 3.25 2b.Basing decisions on evidence and arguments. 51% 23% 11% 6% 5% 4% 3.13 2c.Willing to reconsider error in fact or law. 40% 18% 10% 6% 6% 20% 3.01 2d.Issuing consistent sentences when the circumstances are 51% 23% 8% 4% 4% 10% 3.25 similar. Overall Application and Knowledge of Law 3.16 3. Communications: 3a.Making sure all participants understand the proceedings. 66% 21% 7% 2% 2% 2% 3.49 3b.Providing written communications that are clear, thorough 44% 18% 7% 3% 3% 25% 3.30 and well reasoned. Overall Communications 3.40 4. Demeanor: 4a. Giving proceedings a sense of dignity. 63% 22% 8% 4% 3% 1% 3.39 4b. Treating participants with respect. 66% 17% 7% 4% 4% 1% 3.40 4c. Conducting the courtroom in a neutral manner. 58% 19% 10% 6% 6% 1% 3.20 4d. Consistently applying laws and rules. 54% 21% 9% 5% 5% 5% 3.21 Overall Demeanor 3.30 5. Diligence: 5a.Using good judgment in application of relevant law and 52% 23% 11% 5% 5% 3% 3.15 rules. 5b.Doing the necessary "homework" and being prepared for 52% 22% 9% 4% 4% 9% 3.24 cases. 5c.Being willing to handle cases on the docket even when they 53% 18% 7% 3% 3% 15% 3.36 are complicated and time consuming. Overall Diligence 3.25 Overall Average Grade: 3.29 * Includes only the County judges evaluated during this retention cycle. Note: Respondents rated judges on various questions using an A to F scale, in which the grades were then converted to numerical scores: A= 4, B=3, C=2, D=1 and F=0. An average score of 4.0 is the highest possible score and a 0.0 is the lowest possible score. 'DK/NA' = Don't Know / Not Applicable. 2014 Judicial Performance Survey Report 22 ## Page 26 Survey of Attorneys Regarding County Judges Average Grade All County Judges* (0.0 to 4.0 scale) Would you say the judge is: Very biased in favor of the prosecution 10% Somewhat biased in favor of the prosecution 25% Completely neutral 51% Somewhat biased in favor of the defense 7% Very biased in favor of the defense 2% Don't know or not sure 5% How strongly do you recommend that the Judge be retained in office, or not be retained in office? Strongly recommend retain 55% Recommend retain 23% Neither recommend nor not recommend retain 9% Recommend not retain 6% Strongly recommend not retain 7% Total Retain 78% Neither 9% Total Not Retain 13% * Includes only the County judges evaluated during this retention cycle. 2014 Judicial Performance Survey Report 23 ## Page 27 Survey of Non-Attorneys Regarding County Judges All County Judges* Average Grade Sample Size = 13355 A B C D Fail DK/NA (0.0 to 4.0 scale) 1. Demeanor: 1a.Giving court proceedings a sense of dignity. 74% 17% 5% 2% 2% 1% 3.59 1b.Treating participants in the case politely and with respect. 77% 14% 4% 2% 3% 1% 3.62 1c.Conducting the courtroom in a neutral manner. 74% 14% 5% 3% 4% 1% 3.53 1d.Having a sense of compassion and human understanding 71% 16% 5% 2% 4% 2% 3.50 for those who appear before the judge. Overall Demeanor 3.56 2. Fairness: 2a.Giving participants an opportunity to be heard. 75% 14% 4% 2% 3% 1% 3.59 2b.Treating those involved in the case without bias. 73% 14% 4% 3% 4% 2% 3.52 2c.Treating fairly people who represent themselves. 54% 10% 3% 2% 3% 28% 3.52 2d.Giving each side enough time to present his or her case. 74% 13% 4% 2% 3% 4% 3.60 Overall Fairness 3.56 3. Communications: 3a.Making sure participants understand the proceedings, and 77% 14% 4% 2% 2% 1% 3.64 what's going on in the courtroom. 3b.Using language that everyone can understand. 77% 16% 4% 1% 1% 1% 3.67 3c.Speaking clearly so everyone in the courtroom can hear 79% 14% 4% 1% 1% 1% 3.70 what's being said. Overall Communications 3.67 4. Diligence: 4a.Beginning court on time. 67% 18% 7% 2% 3% 3% 3.50 4b.Maintaining appropriate control over proceedings. 77% 14% 4% 2% 1% 1% 3.67 4c.Setting reasonable schedules for cases. 64% 16% 5% 2% 2% 12% 3.57 4d.Being prepared for cases. 72% 14% 4% 2% 2% 6% 3.62 4e.Managing court proceedings so that there is little wasted 68% 18% 6% 2% 2% 2% 3.51 time. Overall Diligence 3.57 5. Application of Law: 5a.Giving reasons for rulings. 67% 15% 5% 2% 4% 6% 3.49 5b.Willing to make decision without regard to possible outside 62% 12% 4% 2% 4% 16% 3.52 pressure. 5c.Being able to identify and analyze relevant facts. 68% 14% 4% 2% 4% 7% 3.50 Overall Application of Law 3.50 Overall Average Grade: 3.57 * Includes only the County judges evaluated during this retention cycle. Note: Respondents rated judges on various questions using an A to F scale, in which the grades were then converted to numerical scores: A= 4, B=3, C=2, D=1 and F=0. An average score of 4.0 is the highest possible score and a 0.0 is the lowest possible score. 'DK/NA' = Don't Know / Not Applicable. 2014 Judicial Performance Survey Report 24 ## Page 28 Survey of Non-Attorneys Regarding County Judges Average Grade All County Judges* (0.0 to 4.0 scale) 6. How biased do you think the Judge is toward the defense or prosecution? [Please see the questionnaire at the end of report for question wording.] Biased in favor of the prosecution total 11% Competely neutral 80% Biased in favor of the defense total 8% Average 0.08 7. How lenient or harsh do you think the sentences generally handed down by Judge are? [Please see the questionnaire at the end of report for question wording.] Harsh sentencing total 10% Competely neutral 76% Lenient sentencing total 14% Average -0.01 How strongly do you recommend that the Judge be retained, or not be retained in office? Strongly recommend retain 68% Recommend retain 18% Neither recommend nor not recommend retain 6% Recommend not retain 3% Strongly recommend not retain 5% Total Retain 86% Neither 6% Total Not Retain 8% * Includes only the County judges evaluated during this retention cycle. 2014 Judicial Performance Survey Report 25 ## Page 29 QQuueessttiioonnnnaaiirreess ## Page 30 Colorado Judicial Performance Attorneys Regarding Trial Judges Survey Questions _ Which of the following types of cases have you observed Judge (Last Name)’s performance? Please circle all that apply. (Only respondents who indicate they have observed the judge in “criminal other than traffic” cases will be asked question 2d and the “bias” question between 5 and 6.) Civil . 1 Criminal other than traffic . 2 Traffic . 3 Domestic . 4 Juvenile . 5 Probate . 6 Other . 9 Using a grade scale, where an "A" is excellent along with B, C, D or F for fail, please grade Judge [Last Name] on the following. If, for a specific question you feel that you do not have enough information to grade the judge, please check DK/NA for Don't Know/Not Applicable. 1. Case Management: a. Promptly issuing a decision on the case after trial. A B C D F DK/NA b. Maintaining appropriate control over proceedings. A B C D F DK/NA c. Promptly ruling on pre-trial motions. A B C D F DK/NA d. Setting reasonable schedules for cases. A B C D F DK/NA 2. Application and Knowledge of Law: a. Being able to identify and analyze relevant facts. A B C D F DK/NA b. Basing decisions on evidence and arguments. A B C D F DK/NA c. Willing to reconsider error in fact or law. A B C D F DK/NA d. [Criminal only] Issuing consistent sentences when the circumstances are similar. A B C D F DK/NA 3. Communications: a. Making sure all participants understand the proceedings. A B C D F DK/NA b. Providing written communications that are clear, thorough and well reasoned. A B C D F DK/NA 4. Demeanor: a. Giving proceedings a sense of dignity. A B C D F DK/NA b. Treating participants with respect. A B C D F DK/NA c. Conducting his/her courtroom in a neutral manner. A B C D F DK/NA d. Consistently applying laws and rules. A B C D F DK/NA 1 ## Page 31 5. Diligence: a. Using good judgment in application of relevant law and rules. A B C D F DK/NA b. Doing the necessary “homework” and being prepared for his/her cases. A B C D F DK/NA c. Being willing to handle cases on the docket even when they are complicated and time consuming. A B C D F DK/NA Having observed Judge (Last Name) in a criminal case, would you say the judge is: (This question is asked only if respondent indicated at the beginning of the survey he/she observed the judge in a criminal case.) Very biased in favor of the prosecution . 1 Somewhat biased in favor of the prosecution . 2 Completely Neutral . 3 Somewhat biased in favor of the defense . 4 Very biased in favor of the defense . 5 Don’t Know/Not Sure . 9 6. What would you say are Judge (Last Name)’s strengths? _ _ _ 7. What would you say are Judge (Last Name)’s weaknesses? _ _ _ 8. Keeping in mind your responses to each of the previous questions, how strongly do you recommend that Judge (Last Name) be retained in office, or not be retained in office? Strongly recommend retain in office . 5 Recommend retain in office . 4 Neither recommend nor not recommend retain in office . 3 Recommend not retain in office . 2 Strongly recommend not retain in office . 1 2 ## Page 32 9. And what would you say are Judge [Last Name]’s weaknesses? _ _ _ _ Commission on Judicial Performance _ _ Evaluation of 10. Keeping in mind your responses to each of the previous questions, how JUDGE [FULL NAME] strongly do you recommend that Judge [Last Name] be retained in office, or not retained in office? Strongly recommend he/she be retained in office . 5 Recommend he/she be retained in office . 4 Neither recommend nor not recommend h/s be retained in office .. 3 If we have made a mistake and you either were not in Judge [Last Recommend he/she not be retained in office. 2 Name]’s courtroom or you feel that you do not have sufficient Strongly recommend he/she not be retained in office . 1 experience with Judge [Last Name] to have an opinion on the judge’s judicial performance, please just return this questionnaire, unanswered, in the enclosed postage-paid envelope, to stop any further requests to evaluate Judge [Last Name]. Thank you for taking the time to complete this questionnaire. Please place it in the self-addressed, postage-paid envelope provided and place it in the mail. Your participation in this survey is very much appreciated. Using a grade scale, where an “A” is excellent along with B, C, D or F for fail, please grade the judge on the following. (If you feel that you don’t have experience with the judge in a specific area, or just don’t know, please circle the number corresponding to “Don’t Know/Not Applicable”—DK/NA). DK 1. Demeanor: A B C D F N/A a. Giving court proceedings a sense of dignity. 4 3 2 1 0 9 b. Treating participants in the case politely and with respect. 4 3 2 1 0 9 c. Conducting 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 Barcode ## Page 33 DK 6. [If you were in [Last Name]’s courtroom during a criminal case or 2. Fairness: A B C D F N/A cases please answer this question, otherwise skip to the next a. Giving participants an opportunity to be heard. 4 3 2 1 0 9 question.] On the scale below, please indicate by circling the appropriate b. Treating those involved in the case without bias. 4 3 2 1 0 9 number how biased you think Judge [Last Name] is toward the defense or c. Treating fairly people who represent themselves. 4 3 2 1 0 9 the prosecution. If you feel Judge [Last Name] is completely unbiased, circle “0.” d. Giving each side enough time to present his or her case. 4 3 2 1 0 9 Bias toward Completely Bias toward Defense Neutral Prosecution DK 5 4 3 2 1 0 1 2 3 4 5 3. Communications: A B C D F N/A a. Makings sure participants understand the 7. [If you were in [Last Name]’s courtroom during a criminal case or proceedings, and what’s going on in the cases please answer this question, otherwise skip to the next courtroom. 4 3 2 1 0 9 question.] On the scale below, please indicate by circling the appropriate b. Using language that everyone can understand. 4 3 2 1 0 9 number how lenient or how harsh you think the sentences generally handed c. Speaking clearly so everyone in the courtroom down by [Last Name] are. If you feel Judge [Last Name] generally hands can hear what’s being said. 4 3 2 1 0 9 down appropriate sentences, circle “0.” DK Sentences Appropriate Sentences 4. Diligence: A B C D F N/A Too Light Sentences Too Harsh a. Beginning court on time. 4 3 2 1 0 9 b. Maintaining appropriate control over 5 4 3 2 1 0 1 2 3 4 5 proceedings. 4 3 2 1 0 9 c. Setting reasonable schedules for cases. 4 3 2 1 0 9 d. Being prepared for his/her cases. 4 3 2 1 0 9 Though your name will never be associated with your answers, because the judge will e. Managing court proceedings so that there is see a typed transcript of the comments that you and others write, it is important that little wasted time. 4 3 2 1 0 9 you do not include information in the comments below that would unintentionally identify you as the author. 8. What would you say are Judge [Last Name]’s strengths? DK ___________________________________________________________ 5. Application of Law: A B C D F N/A ___________________________________________________________ a. Giving reasons for rulings. 4 3 2 1 0 9 ___________________________________________________________ b. Willing to make decision without regard to ___________________________________________________________ possible outside pressure. 4 3 2 1 0 9 ___________________________________________________________ c. Being able to identify and analyze relevant facts. 4 3 2 1 0 9 ___________________________________________________________ Continued on Back Page

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