William Blair Sylvester

Evaluation history

• 2010 retention cycle

  Trial Court · Arapahoe · Arapahoe

  Meets Standards(Retain)
  VotersRetained· 64.4% yes

  159,427 yes · 88,138 no50% needed to retain
  Retention Year: 2010 Recommendation: Retain Reports: 2010 Retention Survey Report 2009 Interim Survey Report Need an accessible PDF Document version? Please click on the link below and email our staff Contact Us The Eighteenth Judicial District Commission on Judicial Performance unanimously recommends that Chief Judge William Blair Sylvester BE RETAINED. Judge Sylvester is an honorably discharged U.S. Army veteran. He received his Bachelor’s Degree from the University of Maryland in 1973 and earned his law degree from the University of Georgia in 1976. He previously was a frequent trainer on the national level for the National College of District Attorneys and lectured for the Colorado District Attorney’s Council. He currently works to improve the judiciary, serving on several judicial committees such as the State Judicial Human Resources Committee, Court Security Committee, Civility Committee, Court Reporter Committee, Colorado Judicial Coordinating Council (State/Federal Judges), and Administrators Management Advisory Committee. Judge Sylvester was in private law practice prior to becoming a Deputy District Attorney in the Eighteenth Judicial District in 1991. He was appointed to the District Court bench in 2001. He is very involved in children’s issues and currently hears primarily adoption and juvenile delinquency cases, but does assist other judges with other types of cases. In October of 2006, the Chief Justice of the Supreme Court appointed Judge Sylvester as Chief Judge of the Eighteenth Judicial District serving Arapahoe, Douglas, Elbert and Lincoln Counties. His docket consists primarily of adoptions and juvenile delinquency cases. The Commission conducted extensive research in making this recommendation of retention, including use of attorney and non-attorney surveys conducted on the judge, interviewing people involved in the courtroom, personal observations in the courtroom, reviewing a written self-evaluation and conducting a personal interview. Judge Sylvester exceeded all district and county court judges in the attorneys’ and non-attorneys’ surveys of his abilities. He received excellent reviews for his demeanor, fairness, communication, diligence and application of the law. He was instrumental and enthusiastic with initiating the Mental Health Court by working with the Arapahoe/Douglas Mental Health Network board of directors and key staff to help lead a highly collaborative process to develop comprehensive court policies and procedures, legal requirements, treatment protocols and evaluation plans. The Commission finds that Judge Sylvester is an outstanding judge, who has and is serving honorably, diligently, and a credit to the legal profession. Comments that Judge Sylvester is intelligent, knowledgeable, caring, fair, concerned for others, and runs a good courtroom are common in his evaluations. Of all attorneys surveyed about retention, 85% recommended to retain, 10% not to retain, and 5% expressed no opinion. Excluding those who had no opinion, 90% recommended to retain and 10% not to retain. Of all non-attorneys surveyed, 90% recommended to retain, 3% not to retain, and 7% expressed no opinion. Excluding those who had no opinion, 98% recommended to retain and 3% not to retain. (These percentages may not total 100% due to rounding.)
• 2004 retention cycle

  Trial Court · Arapahoe · Arapahoe

  Meets Standards(Retain)
  VotersRetained· 73.6% yes

  193,273 yes · 69,445 no50% needed to retain
  Retention Year: 2004 Recommendation: Retain Reports: 2004 Retention Survey Report Need an accessible PDF Document version? Please click on the link below and email our staff Contact Us The Eighteenth Judicial District Commission on Judicial Performance unanimously recommends that Judge William Blair Sylvester BE RETAINED. Judge Sylvester graduated from the University of Maryland in 1973 and the Georgia School of Law in 1976. He has served as a District Attorney for 10 years and took the bench on May 25, 2001. Judge Sylvester currently sits on the juvenile 50% and criminal 50% docket. This docket consists of child dependency and neglect and juvenile delinquency cases and is a difficult docket to manage and hear. Judge Sylvester is aware of the difficulties of this docket and is able to balance the stresses appropriately. He volunteered to remain on this juvenile docket when the judges rotated assignments recently. Judge Sylvester has consistently higher grades from attorneys and non-attorneys than other trial judges across the state. Comments such as "intelligent," "knowledgeable," "fair," and "runs a good courtroom" are common in his evaluations.

Surveys & reports

• 2010 cycle
  • 2009 Interim Survey Report(PDF on OJPE)
    Read full interim survey textexpandcollapse

    ## Page 1 State of Colorado Logo COMMISSION ON JUDICIAL PERFORMANCE TThhee HHoonnoorraabbllee WWiilllliiaamm BB.. SSyyllvveesstteerr 2009 Interim Judicial Performance Survey 18th Judicial District ## Page 2 September 24, 2009 The Honorable William B. Sylvester Arapahoe County Justice Center 7325 S. Potomac St. Centennial, CO 80112 Dear Judge Sylvester: This year, The State Commission on Judicial Performance has requested Talmey- Drake Research & Strategy to provide interim survey reports concerning all justices and judges. Going forward, there will continue to be survey reports on retention judges in retention election years and interim survey reports on all judges in non- retention years. Talmey-Drake Research & Strategy conducted the 2009 Interim Judicial Performance Survey among people who have been in a state courtroom in once capacity or another, or who have otherwise been affected by the performance of a judge. This report contains the results of those who have observed, or who are knowledgeable about, your judicial performance and who responded to the survey. In addition to this introduction, the report is divided into four main sections: Attorney Results & Comments: This section contains graphs displaying the average grade you received for each question that used an “A” to “F” scale, the average grade for each section of the questionnaire, and an overall average grade for questions 1a through 5c combined. Following the graphs, are a series of tables showing the percentage distribution of grades to each question. Attorney respondents were also asked to comment about your performance. These comments have been transcribed, and in some instances, redacted to eliminate respondent identifying information. The survey of attorneys was conducted online; a copy of the questionnaire is provided at the back of this report. Non-attorney Results & Comments: Similar to the attorney section, this portion of the report contains graphs (again including the overall average of questions 1a through 5c on the non-attorney questionnaire), tables of the percentage distribution of grades for each substantive question in the survey. The non-attorney respondents were also asked to comment about your performance. Again, these comments have been transcribed, and in some instances redacted to eliminate respondent identifying information. A copy of the non-attorney questionnaire is also at the back of this report. 100 Arap ahoe, Suite One, Boulder, CO 80302 Phone 303.443.5300 Fax 303.447.9386 ## Page 3 The Honorable William B. Sylvester September 24, 2009 Page 2 Methodology: The third section of the report discusses the methodology of the survey. Questionnaires: And the final section provides copies of the questionnaires that were used. If you have any questions about the methodology and how the survey was conducted, please feel free to contact me at 303-443-5300 ext 1, and for any other questions you might have about the survey please call the Executive Director of the Office of Judicial Performance Evaluation, Jane Howell, at 303-837-3665. Best regards, Paul A. Talmey President enc: ## Page 4 SSuurrvveeyy ooff AAtoorrnneeyyss RReeggaarrddiinngg JJuuddggee WWiiliiaamm BB.. SSyyllvveesstteerr ((SSaammppllee SSiizzee 1188)) ## Page 5 Survey of Attorneys Regarding Trial Judges Average Judge William B. Sylvester William B. All District Sample Size = 18 A B C D Fail DK/NA Sylvester Judges 1. Case Management: 1a. Promptly issuing a decision on the case after trial. 44% 17% 11% 0% 0% 28% 3.46 3.38 1b. Maintaining appropriate control over proceedings. 67% 28% 6% 0% 0% 0% 3.61 3.39 1c. Promptly ruling on pre-trial motions. 61% 11% 22% 0% 0% 6% 3.41 3.19 1d. Setting reasonable schedules for cases. 50% 22% 11% 17% 0% 0% 3.06 3.22 Overall Case Management 3.39 3.30 2. Application and Knowledge of Law: 2a. Being able to identify and analyze relevant facts. 56% 33% 11% 0% 0% 0% 3.44 3.28 2b. Basing decisions on evidence and arguments. 56% 39% 6% 0% 0% 0% 3.50 3.16 2c. Willing to reconsider error in fact or law. 44% 17% 11% 6% 0% 22% 3.29 2.89 2d. Issuing consistent sentences when the circumstances are 8% 31% 15% 8% 0% 38% 2.62 3.07 similar. Overall Application and Knowledge of Law 3.21 3.10 3. Communications: 3a. Making sure all participants understand the proceedings. 61% 33% 6% 0% 0% 0% 3.56 3.51 3b. Providing written communications that are clear, thorough 54% 31% 15% 0% 0% 0% 3.38 3.28 and well reasoned. Overall Communications 3.47 3.40 4. Demeanor: 4a. Giving proceedings a sense of dignity. 83% 11% 6% 0% 0% 0% 3.78 3.46 4b. Treating parties with respect. 72% 22% 6% 0% 0% 0% 3.67 3.35 4c. Conducting his/her courtroom in a neutral manner. 67% 28% 6% 0% 0% 0% 3.61 3.25 4d. Consistently applying laws and rules. 50% 33% 0% 6% 0% 11% 3.44 3.21 Overall Demeanor 3.63 3.32 5. Diligence: 5a. Using good judgment in application of relevant law and 39% 39% 17% 6% 0% 0% 3.11 3.15 rules. 5b. Doing the necessary homework and being prepared for 39% 39% 11% 0% 0% 11% 3.31 3.28 his/her cases. 5c. Being willing to handle cases on the docket even when 39% 39% 6% 11% 0% 6% 3.12 3.35 they are complicated and time consuming. Overall Diligence 3.18 3.26 Overall Average Grade: 3.37 3.26 2009 Interim Judicial Performance Survey 2 ## Page 6 Survey of Attorneys Regarding Trial Judges Percentage Judge William B. Sylvester William B. All District Sylvester Judges Sample Size = 18 Would you say the judge is: Very biased in favor of the prosecution 0% 11% Somewhat biased in favor of the prosecution 20% 28% Completely neutral 80% 46% Somewhat biased in favor of the defense 0% 9% Very biased in favor of the defense 0% 2% Don't know/not sure 0% 4% 8. How strongly do you recommend that the Judge be retained or not retained in office? [Percentages excluding undecided responses.] Strongly recommend retain in office 76% 71% Somewhat recommend retain in office 18% 16% Somewhat recommend not retain in office 6% 6% Strongly recommend not retain in office 0% 7% Total Retain 94% 87% Total Not Retain 6% 13% [Percentages including undecided responses.] Strongly recommend retain in office 72% 68% Somewhat recommend retain in office 17% 15% Undecided or dont know enough to make recommendation 6% 5% Somewhat recommend not retain in office 6% 6% Strongly recommend not retain in office 0% 6% Total Retain 89% 83% Undecided/Don't Know 6% 5% Total Not Retain 6% 12% 2009 Interim Judicial Performance Survey 3 ## Page 7 Judge William B. Sylvester Survey of Attorneys Regarding Trial Judges Average Grades 3.37 Overall Average Grade 3.26 Q1. Overall Case Management 3.39 3.30 1a. Promptly issuing a decision on the 3.46 case after trial. 3.38 1b. Maintainingappropriate control over 3.61 proceedings. 3.39 3.41 1c. Promptlyruling on pre-trial motions. 3.19 1d.Setting reasonable schedules for cases. 3.06 3.22 3.21 Q2. OverallApp & Knowledge of Law 3.10 2a. Beingable to identify and analyze 3.44 relevant facts. 3.28 2b.Basing decisions on evidence and argument. 3.50 3.16 3.29 2c. Willing to reconsider error in fact or law. 2.89 2d. [Criminal only] Issuing consistant sentences 2.62 whencircumstances are simmilar. 3.07 3.47 Q3. Overall Communication 3.40 3a.Making sure all participants understand 3.56 the proceedings. 3.51 3b. Providing written communications that are 3.38 clear, thorough and well reasoned. 3.28 2.0 2.5 3.0 3.5 4.0 William B. Sylvester All District Judges Jud 20g0e9 I nWterimil Jluiadicmial P Berfo. rmSaynclev Seursvetyer 4 ## Page 8 Judge William B. Sylvester Survey of Attorneys Regarding Trial Judges Average Grades 3.63 Q4. Overall Demeanor 3.32 3.78 4a. Giving proceedingsa sense of dignity. 3.46 3.67 4b. Treating participants with respect. 3.35 4c. Conducting [his/her] courtroom 3.61 in a neutral manner. 3.25 3.44 4d. Consistanly applyinglaws and rules 3.21 3.18 Q5. Overall Diligence 3.26 5a. Using good judgement in application of 3.11 releveant laws and rules. 3.15 5b. Doing the necessary 'homework' and 3.31 being prepared for [his/her] cases. 3.28 5c. Being willing to handle cases on the docket even 3.12 when they are complicated and time consuming. 3.35 2.0 2.5 3.0 3.5 4.0 Biased in favor of prosecution/defense. 0% Very biased in favor of the prosecution 11% 20% Somewhat biased in favor of the prosecution 28% 80% Completely Neutral 46% 0% Somewhat biased in favor of the defense 9% 0% Very biased in favor of the defense 2% 0% Don't know/not sure 4% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% William B. Sylvester All District Judges 2009 Interim Judicial Performance Survey 5 ## Page 9 Judge William B. Sylvester Survey of Attorneys Regarding Trial Judges Q8. How strongly do you recommend that Judge Sylvester be retained or not retained in office? Excluding Undecided Respondents 76% Strongly recommend retain in office 71% 18% Somewhat recommend retain in office 16% All Dist Judge Sylvester Judges 6% Total Retain 94% 87% Somewhat recommend not retain in office Total Not Retain 6% 13% 6% 0% Strongly recommend not retain in office 7% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Including Undecided Respondents 72% Strongly recommend retain in office 68% 17% Somewhat recommend retain in office 15% All Dist 6% Judge Sylvester Judges Undecided 5% Total Retain 89% 83% Undecided 6% 5% 6% Somewhat recommend not retain in office Total Not Retain 6% 12% 6% 0% Strongly recommend not retain in office 6% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% William B. Sylvester All District Judges 2009 Interim Judicial Performance Survey 6 ## Page 10 SSuurrvveeyy ooff NNoonn--AAtoorrnneeyyss RReeggaarrddiinngg JJuuddggee WWiiliiaamm BB.. SSyyllvveesstteerr ((SSaammppllee SSiizzee 118866)) ## Page 11 Survey of Non-Attorneys Regarding Trial Judges Average Judge William B. Sylvester William B. All District Sample Size = 186 A B C D Fail DK/NA Sylvester Judges 1. Demeanor: 1a. Giving court proceedings a sense of dignity. 75% 19% 4% 0% 1% 1% 3.68 3.67 1b. Treating participants in the case politely and with respect. 78% 16% 2% 0% 2% 2% 3.73 3.67 1c. Conducting court in a neutral manner. 76% 17% 2% 1% 2% 3% 3.70 3.62 1d. Having a sense of compassion and human understanding 71% 19% 4% 1% 1% 4% 3.65 3.55 for those who appear before the court. Overall Demeanor 3.69 3.63 2. Fairness: 2a. Giving participants an opportunity to be heard. 75% 17% 3% 1% 2% 2% 3.67 3.64 2b. Treating those involved in the case without bias. 71% 17% 2% 1% 2% 7% 3.66 3.60 2c. Treating fairly people who represent themselves. 48% 11% 3% 0% 1% 37% 3.67 3.61 2d. Giving each side enough time to present his or her case. 68% 17% 3% 0% 2% 10% 3.67 3.64 Overall Fairness 3.67 3.62 3. Communications: 3a. Making sure participants understand the proceedings, and 74% 22% 3% 1% 1% 1% 3.69 3.69 what is going on in the courtroom. 3b. Using language that everyone can understand. 75% 21% 2% 1% 1% 1% 3.71 3.71 3c. Speaking clearly so everyone in the courtroom can hear 80% 16% 2% 1% 0% 1% 3.77 3.73 what is being said. Overall Communications 3.72 3.71 4. Diligence: 4a. Beginning court on time 65% 21% 8% 2% 0% 4% 3.57 3.50 4b. Maintaining appropriate control over proceedings. 77% 17% 4% 0% 0% 3% 3.75 3.73 4c. Setting reasonable schedules for cases. 61% 16% 5% 1% 0% 18% 3.67 3.61 4d. Being prepared for cases. 67% 17% 1% 1% 0% 13% 3.74 3.67 4e. Managing court proceedings so that there is little wasted 67% 19% 9% 1% 1% 4% 3.58 3.55 time. Overall Diligence 3.66 3.61 5. Application of Law: 5a. Giving reasons for rulings. 64% 17% 5% 1% 1% 12% 3.62 3.56 5b. Willing to make decisions without regard to possible 55% 12% 3% 1% 1% 27% 3.66 3.59 outside pressure. 5c. Being able to identify and analyze relevant facts. 62% 14% 2% 2% 1% 18% 3.64 3.58 Overall Application of Law 3.64 3.58 Overall Average Grade: 3.68 3.63 2009 Interim Judicial Performance Survey 8 ## Page 12 Survey of Non-Attorneys Regarding Trial Judges Percentage Judge William B. Sylvester William B. All District Sylvester Judges Sample Size = 186 6. Average bias [Please see the questionnaire at the end of report for question wording.] Biased in favor of the prosecution total 8% 11% Competely neutral 87% 84% Biased in favor of the defense total 5% 7% [A positive average indicates bias toward prosecution, and a Average 0.09 0.11 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 8% 11% Competely neutral 77% 80% Lenient sentencing total 13% 10% [A positive average indicates sentences are harsh, and a Average -0.12 0.12 negative average indicates sentences are lenient.] 10. Retain percentage without undecideds. [Percentages excluding undecided responses.] Strongly recommend retain in office 85% 87% Somewhat recommend retain in office 12% 6% Somewhat recommend not retain in office 1% 2% Strongly recommend not retain in office 2% 5% Total Retain 97% 93% Total Not Retain 3% 7% [Percentages including undecided responses.] Strongly recommend retain in office 78% 82% Somewhat recommend retain in office 11% 6% Undecided or dont know enough to make recommendation 8% 6% Somewhat recommend not retain in office 1% 2% Strongly recommend not retain in office 2% 4% Total Retain 89% 88% Undecided/Don't Know 8% 6% Total Not Retain 3% 6% 2009 Interim Judicial Performance Survey 9 ## Page 13 Judge William B. Sylvester Survey of Non-Attorneys Regarding Trial Judges Average Grades 3.68 Overall Average Grade 3.63 3.69 Q1. Overall Demeanor 3.63 3.68 1a. Giving proceedings a sense of dignity. 3.67 1b. Treating participants politely and with respect. 3.73 3.67 1c. Conducting the courtroom in a neutral 3.70 manner. 3.62 1d. Having a sense of compassion and human 3.65 understanding for those who appear before the judge 3.55 3.67 Q2. Overall Fairness 3.62 2a. Giving participants an opportunity to be 3.67 heard. 3.64 2b. Treating those involved in the 3.66 case without bias. 3.60 2c. Treats people fairly who represent 3.67 themselves. 3.61 2d. Giving each side enough time to present his 3.67 or her case. 3.64 3.72 Q3. Overall Communtications 3.71 3a. Making sure participants understand the 3.69 proceedings, and what's going on in the courtroom. 3.69 3b. Using language that everyone can 3.71 understand. 3.71 3c. Speaking clearly so everyone in the courtroom 3.77 can hear what's being said. 3.73 2.0 2.5 3.0 3.5 4.0 William B. Sylvester All District Judges Ju d20g09e In tWerimi lJluidaicimal P eBrfo.r mSanycel vSuervseyter 10 ## Page 14 Judge William B. Sylvester Survey of Non-Attorneys Regarding Trial Judges Average Grades 3.66 Q4. Overall Diligence 3.61 3.57 4a. Beginning court on time. 3.50 4b. Maintaining appropriate control over 3.75 proceedings. 3.73 4c. Setting reasonable schedules for cases. 3.67 3.61 4d. Being prepared for his or her cases. 3.74 3.67 4e. Managing court proceedings so that there is 3.58 little wasted time. 3.55 3.64 Q5. Overall Legal Ability 3.58 5a. Giving reasons for rulings. 3.62 3.56 5b. Willing to make decision without regard to 3.66 possible outside pressure. 3.59 5c. Being able to identify and analyze 3.64 relevant facts. 3.58 2.0 2.5 3.0 3.5 4.0 Q6 Biased in favor of prosecution/defense. 0.09 William B. Sylvester 0.11 All District Judges -5 -4 -3 -2 -1 0 1 2 3 4 5   Defense Prosecution Q7 Lenience or Harshness in Sentencing. -0.12 William B. Sylvester 0.12 All District Judges -5 -4 -3 -2 -1 0 1 2 3 4 5   Lenient Harsh William B. Sylvester All District Judges 2009 Interim Judicial Performance Survey 11 ## Page 15 William B. Sylvester All District Judges Judge William B. Sylvester Survey of Non-Attorneys Regarding Trial Judges Q10. How strongly do you recommend that Judge Sylvester be retained or not retained in office? Excluding Undecided Respondents 85% Strongly recommend retain in office 87% 12% Somewhat recommend retain in office 6% All Dist Judge Sylvester Judges Total Retain 97% 93% 1% Somewhat recommend not retain in office Total Not Retain 3% 7% 2% 2% Strongly recommend not retain in office 5% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Including Undecided Respondents 78% Strongly recommend retain in office 82% 11% Somewhat recommend retain in office 6% 8% All Dist Undecided 6% Judge Sylvester Judges Total Retain 89% 88% 1% Undecided 8% 6% Somewhat recommend not retain in office 2% Total Not Retain 3% 6% 2% Strongly recommend not retain in office 4% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% William B. Sylvester All District Judges 2009 Interim Judicial Performance Survey 12 ## Page 16 MMeetthhooddoollooggyy ## Page 17 MMeetthhooddoollooggyy Data Sources for Sample Talmey-Drake Research & Strategy received case data that included the names of people who had likely been in each judge’s courtroom between July 1, 2008 and March 31, 2009 from five primary sources: Colorado Judicial Department, Colorado District Attorneys’ Council Denver County Courts District Attorney’s Office, Second Judicial District (Denver) District Attorney’s Office, Ninth Judicial District Additional information was provided by the State Public Defender’s Office and the District Attorney’s Office, 15th Judicial District. The data from these different data sources were then combined, duplicates removed and addresses corrected. Talmey-Drake then conducted two separate surveys for the 2009 Colorado Interim Judicial Performance Survey concerning district judges: A survey of attorneys and a survey of non-attorneys who had likely been in District Court. Responses to surveys conducted in prior years that had not been used in a previous Judicial Performance report were combined with the above data to create the total sample used in the 2009 Interim Judicial Performance Survey. Attorney Survey Attorney Sample: Talmey-Drake identified all the attorneys who were in the data provided by the organizations listed above, and all identified attorneys were included in the sample. As to be expected many attorneys had appeared in more than one judge’s courtroom, so each attorney was assigned from one to five judges to evaluate, depending on how many different judges with whom he or she was associated in the case data. For those attorneys who were in the case data for more than five judges, they were asked to evaluate the five judges they were associated with the most. 2009 Interim Judicial Performance Survey 14 ## Page 18 Attorney Survey: The Attorney Survey was conducted online. Sampled attorneys were first sent a letter introducing them to the Survey and informing them that they would soon be receiving an email with a link to the Survey. The letter also included the Survey’s Web address, and a password if the respondent wished to take the survey before receiving the email. Approximately one week after the letter was mailed a first email was sent, and a week after that a second reminder email was sent. In order to increase the number of attorney responses, particularly for judges with few attorney survey evaluations, attorneys who had not responded after the second email request were telephoned and asked to either go online to take the survey, or if they preferred, to complete the survey by telephone. Attorney Questions: The questions used online for the 2009 Interim Judicial Performance Survey of attorneys asked respondents to use a grade of A, B, C, D, or F (Fail) to assess the judge’s performance in five different areas. These areas were Case Management, Application and Knowledge of Law, Communications, Demeanor and Diligence. These scores were then converted to a numerical value where A = 4, B = 3, C = 2, D = 1 and Fail = 0. A list of the questions are included in the last section of this report. Attorney Cooperation Rate: The cooperation rate for the Attorney Survey is calculated as the number of completed survey evaluations divided by the number of possible evaluations for that judges minus the undeliverable emails to attorneys in the sample for that judge. A table of the overall cooperation rates for the 2009 Interim Survey is shown later in this section of the report, as is a table showing the cooperation rates for Judge Sylvester. The 2009 Interim Judicial Performance Survey was the first time in which the Attorney regarding Trial Judges survey was conducted online. A total of 4,163 attorneys were asked to participate in the online survey and on average to evaluate 2.81 judges each—a total of 11,688 potential attorney evaluations. Just over fifty-two percent (52.2%) of attorneys surveyed evaluated one or more judges. The average number of judges evaluated per attorney was 2.25 for a total of 4,883 attorney evaluations completed (41.8%). Note, these figures are only for the online survey (plus telephone follow-up interviews) and will not match the numbers in the Total Response Count table below, which include attorney evaluations from prior mail surveys. Non-attorney Survey Non-Attorney Sample: Depending on the number of names available to be sampled for each judge, a random sample of names was drawn if the quantity of potential respondents was large. On the other hand, if the count of possible respondents was small, all potential respondents were included in the sample. Where a person had been in more than one judge’s courtroom, the selection criteria for which judge he or she would be sent a questionnaire was generally for the judge in whose courtroom the potential respondent had been in most often. 2009 Interim Judicial Performance Survey 15 ## Page 19 Non-Attorney Survey: Each person whose name was sampled for the Non- Attorney Survey was mailed an initial postcard informing the recipient that he or she would be receiving a questionnaire. Two to three weeks after the post card was mailed, the potential respondent 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. Non-Attorney Questions: The questionnaire used in the 2009 Judicial Performance Survey asked non-attorney respondents to use a grade of A, B, C, D, or F (Fail) to assess the judge’s performance in five different areas: Demeanor, Fairness, Communications, Diligence and Application of Law. These scores were then converted to a numerical value where A = 4, B = 3, C = 2, D = 1 and Fail = 0. A copy of the questionnaire is included at the end of this report. Non-attorney 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 & 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 who they had not observed. 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 Sylvester is shown below, and immediately following is a table of the overall cooperation rates for the 2009 Interim Survey, again by type of respondent. 2009 Interim Judicial Performance Survey 16 ## Page 20 Judge William B. Sylvester 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 22 15 0 0 7 31.8% Defense Attorneys 5 3 0 0 2 40.0% Civil Attorneys for Litigants 10 5 3 0 2 28.6% Other Attorneys Civil 5 3 0 0 2 40.0% Attorneys, Unknown Role Type 8 1 2 0 5 83.3% Total Attorneys 50 27 5 0 18 40.0% Non-attorneys Criminal Witness 223 140 58 7 18 10.9% Other 49 27 17 0 5 15.6% Law Enforcement 171 102 54 2 13 11.1% Defendant 128 69 42 1 16 18.6% Civil Litigant 23 17 5 0 1 5.6% Non-Attorneys, Unknown Role Type 1 1 0 0 0 0.0% Jurors 282 109 35 5 133 53.8% Total Non-attorneys 877 465 211 15 186 27.9% Grand Total: 927 492 216 15 204 28.7% 2009 Interim Judicial Performance Survey 17 ## Page 21 Total Response Counts by Type of Respondent for All Judges Total No Undeliverable/ Other Non- Cooperation Sent Response Not Applicable responses Completes Rate Attorney Evaluations Criminal District Attorneys 2,251 1,169 82 2 998 46.0% Defense Attorneys 3,453 1,852 128 6 1,467 44.1% Other Attorneys Crmnl 3,283 1,887 85 4 1,307 40.9% Civil Attorneys for Litigants 3,123 1,286 219 7 1,611 55.5% Other Attorneys Civil 2,647 1,422 94 4 1,127 44.1% Attorneys, Unknown Role 393 29 41 3 320 90.9% Total Attorneys 15,150 7,645 649 26 6,830 47.1% Non-attorneys Criminal Law Enforcement 11,127 5,895 2,627 213 2,392 28.1% Defendant 56,759 28,224 22,971 543 5,021 14.9% Victim 301 197 82 6 16 7.3% Witness 9,152 4,836 3,013 376 927 15.1% Other 4,225 2,481 1,151 55 538 17.5% Civil Litigant 20,328 11,335 4,758 289 3,946 25.3% Witness 298 161 45 4 88 34.8% Other 327 165 79 6 77 31.0% Non-attnys, Unknown Role 546 276 190 4 76 21.3% Total Non-attorneys 103,063 53,570 34,916 1,496 13,081 19.2% Others Jurors 30,703 12,725 1,443 392 16,143 55.2% 30,703 12,725 1,443 392 16,143 55.2% Total 148,916 73,940 37,008 1,914 36,054 32.2% 2009 Interim Judicial Performance Survey 18 ## Page 22 Projectability Most surveys seen by the public are surveys that are intended to be projectable, that is the results from the sample of people surveyed can be used to estimate a percentage or value of the population sampled with a known probability of error. For example, a pre-election poll of 500 likely Colorado voters is used to estimate the percentage of voters who will vote for Candidate A on election day, plus or minus some number of percentage points. The plus or minus amount is usually what is known as the 95%-confidence interval (the known probability of error), or what the media often refers to as the margin-of-error. The Colorado Judicial Performance Evaluation Survey is not projectable with a known probability of error because the results are calculated from a self-selecting sample that is self-selecting based on the content and subject matter of the survey. In other words, the potential respondent knows the purpose and content of the survey, and based on that, decides whether to respond to the survey. While projectability within a known probability of error is a highly desirable attribute of a survey, it is often not feasible to achieve. Commercial market research often uses nonprojectable (and small) samples—the most well known of which are for focus groups. Moreover, the federal courts have long accepted, and do not expect, projectable samples for market confusion surveys used in trademark litigation. In other words, one can still use the results of the Judicial Performance Evaluation Survey to estimate how everyone who has observed a judge in the courtroom would grade him or her, just not with a known probability of error. The Judicial Performance Evaluation Survey is a valuable means, perhaps the only practical means, for the Judicial Performance Commissions to have a summary of structured interviews with a number of people who have courtroom familiarity with the judge being evaluated, and who most often—albeit not always—are responding out of a desire to improve the performance of our state’s judicial system. 2009 Interim Judicial Performance Survey 19 ## Page 23 Survey Results The report shows the Attorney and Non-attorney Survey results both graphically and in tables. Graphs: The graphs visually display the average numerical grade for each of the A through F scaled questions (A=4, B=3, C=2, D=1 and F = 0) for the report-judge compared to the average grade for all district judges in the 2009 Interim Survey. Overall averages for each of the five performance components1 and the total overall average for all grade-scale questions are also graphed for the report-judge and all district judges. In addition to the grade-scale graphs, the questions regarding bias in favor the prosecution or defense, sentencing (non-attorney survey only) and the retention question are also graphed. Tables: This section shows the same information as in the graphs in tabular form plus the percentage distribution of grades and response categories for each question. For comparison purposes, the next four pages—two for the Attorney Survey and two for the Non-attorney Survey—show the combined percentage distribution of grades and grade averages for all district judges. The overall averages shown in the graphs and tables are calculated by summing the average grade for each question and dividing by the number of questions summed. This gives each question equal weight in computing the overall averages. The sample size for each survey is shown at the beginning of both the Attorney Survey section and the Non-attorney Survey section and on each of the tables. This is the number of respondents who answered most or all of the questions in the questionnaire. It should be noted, however, that the number of responses for individual questions can vary from the overall sample size. For example, question 2d and the question about prosecution/defense bias in the Attorney Survey were only asked of attorneys who had observed the judge in a criminal case—approximately two-thirds of attorneys surveyed. Similarly, questions 6 and 7 in the Non-Attorney Survey were asked only of respondents acquainted with the judge’s performance in criminal cases. 1 The five performance components measured in the Attorney questionnaire were Case Management, Application and K knowledge of Law, Communications, Demeanor and Diligence, and in the Non-attorney questionnaire the components were Demeanor, Fairness, Communications, Diligence and Application of Law. 2009 Interim Judicial Performance Survey 20 ## Page 24 Survey of Attorneys Regarding Trial Judges All District Judges Average Sample Size = 3921 A B C D Fail DK/NA Grade 1. Case Management: 1a.Promptly issuing a decision on the case after trial. 47% 21% 7% 3% 1% 21% 3.39 1a.Promptly issuing a decision on the case after trial. 47% 21% 7% 3% 1% 21% 3.38 1b.Maintaining appropriate control over proceedings. 59% 25% 8% 4% 2% 2% 3.39 1c.Promptly ruling on pre-trial motions. 43% 26% 11% 4% 2% 13% 3.19 1c.Promptly ruling on pre-trial motions. 43% 26% 11% 4% 2% 13% 3.20 1d.Setting reasonable schedules for cases. 49% 28% 11% 5% 3% 4% 3.22 Overall Case Management 3.30 2. Application and Knowledge of Law: 2a.Being able to identify and analyze relevant facts. 53% 28% 10% 4% 2% 3% 3.28 2a.Being able to identify and analyze relevant facts. 53% 28% 10% 4% 2% 3% 3.29 2b.Basing decisions on evidence and arguments. 49% 27% 11% 6% 3% 4% 3.16 2c.Willing to reconsider error in fact or law. 29% 20% 11% 6% 4% 29% 2.89 2d.Issuing consistent sentences when the circumstances are 30% 22% 10% 4% 3% 31% 3.07 similar. Overall Application and Knowledge of Law 3.10 3. Communications: 3a.Making sure all participants understand the proceedings. 63% 25% 7% 2% 1% 3% 3.51 3b.Providing written communications that are clear, thorough 46% 26% 9% 4% 2% 13% 3.28 and well reasoned. Overall Communications 3.40 4. Demeanor: 4a. Giving proceedings a sense of dignity. 65% 22% 7% 3% 2% 1% 3.46 4b. Treating parties with respect. 63% 20% 7% 4% 4% 1% 3.35 4c. Conducting his/her courtroom in a neutral manner. 57% 22% 9% 5% 4% 2% 3.25 4c. Conducting his/her courtroom in a neutral manner. 57% 22% 9% 5% 4% 2% 3.26 4d. Consistently applying laws and rules. 51% 26% 11% 5% 3% 5% 3.21 Overall Demeanor 3.32 5. Diligence: 5a.Using good judgment in application of relevant law and 49% 28% 11% 6% 4% 3% 3.15 rules. 5b.Doing the necessary homework and being prepared for 52% 26% 10% 5% 2% 6% 3.28 his/her cases. 5c.Being willing to handle cases on the docket even when 51% 20% 8% 4% 2% 16% 3.36 they are complicated and time consuming. 5c.Being willing to handle cases on the docket even when 51% 20% 8% 4% 2% 16% 3.35 they are complicated and time consuming. Overall Diligence 3.26 Overall Average Grade: 3.26 2009 Interim Judicial Performance Survey 21 ## Page 25 Survey of Attorneys Regarding Trial Judges Average All District Judges Grade Sample Size = 3921 Would you say the judge is: Very biased in favor of the prosecution 11% Somewhat biased in favor of the prosecution 28% Completely neutral 46% Somewhat biased in favor of the defense 9% Very biased in favor of the defense 2% Don't know/not sure 4% 8. How strongly do you recommend that the Judge be retained or not retained in office? [Percentages excluding undecided responses.] Strongly recommend retain in office 71% Somewhat recommend retain in office 16% Somewhat recommend not retain in office 6% Strongly recommend not retain in office 7% Total Retain 87% Total Not Retain 13% [Percentages including undecided responses.] Strongly recommend retain in office 68% Somewhat recommend retain in office 15% Undecided or dont know enough to make recommendation 5% Somewhat recommend not retain in office 6% Strongly recommend not retain in office 6% Total Retain 83% Undecided/Don't Know 5% Total Not Retain 12% 2009 Interim Judicial Performance Survey 22 ## Page 26 Survey of Non-Attorneys Regarding Trial Judges All District Judges Average Sample Size = 17850 A B C D Fail DK/NA Grade 1. Demeanor: 1a.Giving court proceedings a sense of dignity. 77% 15% 4% 1% 2% 1% 3.67 1b.Treating participants in the case politely and with respect. 80% 12% 3% 2% 2% 1% 3.67 1c.Conducting court in a neutral manner. 78% 13% 3% 2% 3% 1% 3.62 1d.Having a sense of compassion and human understanding 73% 15% 4% 2% 4% 2% 3.55 for those who appear before the court. Overall Demeanor 3.63 2. Fairness: 2a.Giving participants an opportunity to be heard. 78% 13% 3% 2% 3% 1% 3.64 2b.Treating those involved in the case without bias. 77% 13% 3% 2% 4% 2% 3.60 2c.Treating fairly people who represent themselves. 49% 7% 2% 1% 2% 38% 3.61 2d.Giving each side enough time to present his or her case. 76% 13% 3% 2% 3% 4% 3.64 Overall Fairness 3.62 3. Communications: 3a.Making sure participants understand the proceedings, and 79% 13% 4% 1% 2% 1% 3.69 what is going on in the courtroom. 3b.Using language that everyone can understand. 79% 15% 3% 1% 1% 1% 3.71 3c.Speaking clearly so everyone in the courtroom can hear 81% 13% 3% 1% 1% 1% 3.73 what is being said. Overall Communications 3.71 4. Diligence: 4a.Beginning court on time 65% 22% 7% 2% 2% 2% 3.50 4b.Maintaining appropriate control over proceedings. 80% 13% 3% 1% 1% 1% 3.73 4c.Setting reasonable schedules for cases. 67% 15% 4% 1% 2% 10% 3.61 4d.Being prepared for cases. 75% 13% 3% 1% 2% 5% 3.67 4e.Managing court proceedings so that there is little wasted 69% 19% 6% 2% 2% 2% 3.55 time. Overall Diligence 3.61 5. Application of Law: 5a.Giving reasons for rulings. 69% 15% 4% 2% 3% 7% 3.56 5b.Willing to make decisions without regard to possible 64% 10% 3% 2% 3% 18% 3.59 outside pressure. 5c.Being able to identify and analyze relevant facts. 71% 13% 3% 2% 3% 8% 3.58 Overall Application of Law 3.58 Overall Average Grade: 3.63 2009 Interim Judicial Performance Survey 23 ## Page 27 Survey of Non-Attorneys Regarding Trial Judges Average All District Judges Grade Sample Size = 17850 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 84% Biased in favor of the defense total 7% Average 0.11 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 11% Competely neutral 80% Lenient sentencing total 10% Average 0.12 10. Retain percentage without undecideds. [Percentages excluding undecided responses.] Strongly recommend retain in office 87% Somewhat recommend retain in office 6% Somewhat recommend not retain in office 2% Strongly recommend not retain in office 5% Total Retain 93% Total Not Retain 7% [Percentages including undecided responses.] Strongly recommend retain in office 82% Somewhat recommend retain in office 6% Undecided or dont know enough to make recommendation 6% Somewhat recommend not retain in office 2% Strongly recommend not retain in office 4% Total Retain 88% Undecided/Don't Know 6% Total Not Retain 6% 2009 Interim Judicial Performance Survey 24 ## Page 28 QQuueessttiioonnnnaaiirreess ## Page 29 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 2c and question 6.) Civil . 1 Criminal other than traffic . 2 Traffic . 3 Domestic . 4 Juvenile . 5 Probate . 6 Other . 9 1. Case Management: a. Promptly issuing a decision on the case after trial. A B C D F DK/NS b. Maintaining appropriate control over proceedings. A B C D F DK/NS c. Promptly ruling on pre-trial motions. A B C D F DK/NS d. Setting reasonable schedules for cases. A B C D F DK/NS 2. Application and Knowledge of Law: a. Being able to identify and analyze relevant facts. A B C D F DK/NS b. Basing decisions on evidence and arguments. A B C D F DK/NS c. Willing to reconsider error in fact or law. A B C D F DK/NS d. [Criminal only] Issuing consistent sentences when the circumstances are similar. A B C D F DK/NS 3. Communications: a. Makings sure all participants understand the proceedings. A B C D F DK/NS b. Providing written communications that are clear, thorough and well reasoned. A B C D F DK/NS 4. Demeanor: a. Giving proceedings a sense of dignity. A B C D F DK/NS b. Treating participants with respect. A B C D F DK/NS c. Conducting his/her courtroom in a neutral manner. A B C D F DK/NS d. Consistently applying laws and rules. A B C D F DK/NS 5. Diligence: a. Using good judgment in application of relevant law and rules. A B C D F DK/NS b. Doing the necessary “homework” and being prepared for his/her cases. A B C D F DK/NS c. Being willing to handle cases on the docket even when they are complicated and time consuming. A B C D F DK/NS 1 ## Page 30 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 retained in office? Strongly recommend he be retained in office . 5 Somewhat recommend he be retained in office . 4 Undecided or don’t know enough to make recommendation . 3 Somewhat recommend he not be retained in office . 2 Strongly recommend he not be retained in office . 1 2 ## Page 31 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 Somewhat recommend he/she be retained in office ............................ 4 Undecided or don’t know enough to make recommendation ............. 3 If we have made a mistake and you either were not in Judge [Last Somewhat recommend he/she not be retained in office ..................... 2 Name]’s courtroom in the past 18 months, or you feel that you do not Strongly recommend he/she not be retained in office ......................... 1 have sufficient experience with Judge [Last Name] to have an opinion 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 ## Page 32 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 5 4 3 2 1 0 1 2 3 4 5 b. Maintaining appropriate control over proceedings. 4 3 2 1 0 9 c. Setting reasonable schedules for cases. 4 3 2 1 0 9 d. Being prepared for his/her cases. 4 3 2 1 0 9 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
  • 2010 Retention Survey Report(PDF on OJPE)
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    ## Page 1 State of Colorado Logo COMMISSION ON JUDICIAL PERFORMANCE TThhee HHoonnoorraabbllee WWiilllliiaamm BB.. SSyyllvveesstteerr 2010 Judicial Performance Survey Report 18th Judicial District ## Page 2 March 30, 2010 The Honorable William B. Sylvester Arapahoe County Justice Center 7325 S. Potomac St. Centennial, CO 80112 Dear Judge Sylvester: I am pleased to make available to you the attached copy of your 2010 Judicial Performance Survey Report. The report is based on three surveys relating to how you are seen carrying out the performance of your office: One of attorneys who have had cases in your court or who are knowledgeable about your judicial performance, second a survey of appellate judges and third a survey of non-attorneys who have observed your performance in court or who have otherwise been affected by your performance of a judge. The methodology underlying these surveys has changed somewhat since the last reports were issued in 2009. A few minutes perusing the methodology section toward the end of this report should inform you of the relevant changes, and provide you with a methodological context to better interpret your survey results. In addition to this introduction, the report is divided into six main sections: A brief summary of the results of the two surveys. 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. A copy of the attorney questionnaire is at the back of this report. The numerical results of the survey of appellate judges in tabular form, and any comments the justices and judges might have made about your judicial performance. 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 respondent made on the subject of your judicial performance. In few instances the comments have been redacted to eliminate respondent identifying information. A copy of the non-attorney questionnaire is at the back of this report. 100 Arap ahoe, Suite One, Boulder, CO 80302 Phone 303.443.5300 Fax 303.200.7385 ## Page 3 Hon. William B. Sylvester March 30, 2010 Page 2 The fifth section of the Report discusses the methodology of the surveys. 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 303-443-5300 ext 1 or by email at talmey@talmeyresearch.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, Jane Howell, at 303-866-6465. Best regards, Paul A. Talmey President enc: ## Page 4 SSuummmmaarryy ooff RReessuullttss Attorneys assigned Judge William B. Sylvester an overall average grade1 of 3.29, and non-attorneys assigned Judge Sylvester an overall average grade of 3.68 resulting in a combined grade of 3.49. The average combined grade for all district judges, including those not eligible to stand for retention in 2010, was 3.48. The combined average grade is computed as the total of the overall average from the attorney survey plus the overall average from the non-attorney survey, divided by two. Judge Sylvester Average Grades Combined Attorney Non-attorney Overall Grade 3.49 3.29 3.68 Sample Size - 20 205 Table 1 The results presented in this report are based on data collected in 2005, 2007, 2008 and 2009. (See Methodology section for description of sampling process.) Table 2 shows Judge Sylvester’s overall average grades for each of these years. Judge Sylvester Average Grades by Year Combined Overall Attorney Overall Non-Attny Overall Average Grade2 Average Grade Average Grade 2005 2007 2008 2009 2005 2007 2008 2009 2005 2007 2008 2009 Overall Grade 3.67 3.30 3.48 3.31 4.00 2.85 3.33 3.84 3.33 3.74 3.62 Sample Size - - - - 5 1 2 12 76 40 47 42 Table 2 1 The overall average grade for the attorney and non-attorney surveys are computed by summing the average grade for each A through F question and dividing by the number of questions. See the tables in each of the survey sections. 2 District judges who were appointed between 2005 and 2009 will not have sample for the years prior to their appointment. In the tables for those years with no sample, the sample size will be shown as 0, and the overall average cells will be blank. This will also be true for a few judges who had no attorney sample even though they were on the bench that year. 2010 Judicial Performance Survey Report 1 ## Page 5 Due to sending questionnaires to all jurors—not just a sample—and their much higher response rate than other non-attorneys surveyed, the percentage of jurors in the district judge sample of the non-attorney survey is 61%. Moreover, jurors tend to grade judges much higher than non-jurors. The average juror overall average grade for district judges was 3.86, while the overall average grade awarded by non-jurors was 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 Sylvester’s non-attorney results broken out by jurors and non-jurors. It also shows the overall average juror and non-juror grades for all district Judge Sylvester Average Grade by Juror/Non-juror Jurors Non-Jurors Overall Grade 3.82 3.41 Percent of Sample 67% 33% Sample Size 137 68 District Judge Average 3.86 3.28 Table 3 Judges. Table 3 allows one to compare Judge Sylvester’s juror and non-juror grades with the all district judge averages to better ascertain if the judge is seen as performing relatively well or relatively poorly among these two subgroups. 2010 Judicial Performance Survey Report 2 ## Page 6 SSuurrvveeyy ooff AAtoorrnneeyyss RReeggaarrddiinngg JJuuddggee WWiiliiaamm BB.. SSyyllvveesstteerr ((SSaammppllee SSiizzee 2200)) ## Page 7 Survey of Attorneys Regarding Trial Judges Average Judge William B. Sylvester William B. All District Sample Size = 20 A B C D Fail DK/NA Sylvester Judges 1. Case Management: 1a. Promptly issuing a decision on the case after trial. 45% 15% 15% 0% 0% 25% 3.40 3.42 1b. Maintaining appropriate control over proceedings. 65% 25% 10% 0% 0% 0% 3.55 3.43 1c. Promptly ruling on pre-trial motions. 60% 10% 25% 0% 0% 5% 3.37 3.25 1d. Setting reasonable schedules for cases. 50% 20% 10% 15% 5% 0% 2.95 3.25 Overall Case Management 3.32 3.34 2. Application and Knowledge of Law: 2a. Being able to identify and analyze relevant facts. 55% 30% 15% 0% 0% 0% 3.40 3.30 2b. Basing decisions on evidence and arguments. 55% 35% 10% 0% 0% 0% 3.45 3.13 2c. Willing to reconsider error in fact or law. 45% 15% 15% 5% 0% 20% 3.25 3.09 2d. Issuing consistent sentences when the circumstances are 13% 27% 13% 13% 0% 33% 2.60 3.16 similar. Overall Application and Knowledge of Law 3.18 3.17 3. Communications: 3a. Making sure all participants understand the proceedings. 60% 30% 5% 5% 0% 0% 3.45 3.55 3b. Providing written communications that are clear, thorough 53% 27% 13% 7% 0% 0% 3.27 3.32 and well reasoned. Overall Communications 3.36 3.44 4. Demeanor: 4a. Giving proceedings a sense of dignity. 80% 10% 5% 0% 5% 0% 3.60 3.51 4b. Treating parties with respect. 70% 20% 5% 0% 5% 0% 3.50 3.42 4c. Conducting his/her courtroom in a neutral manner. 65% 25% 5% 0% 5% 0% 3.45 3.32 4d. Consistently applying laws and rules. 50% 30% 0% 5% 5% 10% 3.28 3.28 Overall Demeanor 3.46 3.38 5. Diligence: 5a. Using good judgment in application of relevant law and 40% 35% 15% 10% 0% 0% 3.05 3.20 rules. 5b. Doing the necessary homework and being prepared for 40% 35% 10% 5% 0% 10% 3.22 3.34 his/her cases. 5c. Being willing to handle cases on the docket even when 40% 35% 10% 10% 0% 5% 3.11 3.42 they are complicated and time consuming. Overall Diligence 3.13 3.32 Overall Average Grade: 3.29 3.32 2010 Judicial Performance Survey Report 4 ## Page 8 Survey of Attorneys Regarding Trial Judges Percentage Judge William B. Sylvester William B. All District Sylvester Judges Sample Size = 20 Would you say the judge is: Very biased in favor of the prosecution 14% 11% Somewhat biased in favor of the prosecution 14% 27% Completely neutral 71% 47% Somewhat biased in favor of the defense 0% 9% Very biased in favor of the defense 0% 2% Don't know or not sure 0% 4% 8. How strongly do you recommend that the Judge be retained in office, or not be retained in office? [Percentages excluding undecided responses.] Strongly recommend retain 74% 74% Somewhat recommend retain 16% 15% Somewhat recommend not retain 5% 5% Strongly recommend not retain 5% 6% Total Retain 90% 89% Total Not Retain 10% 11% [Percentages including undecided responses.] Strongly recommend retain 70% 70% Somewhat recommend retain 15% 14% Undecided or Don't Know 5% 4% Somewhat recommend not retain 5% 5% Strongly recommend not retain 5% 6% Total Retain 85% 84% Undecided/Don't Know 5% 4% Total Not Retain 10% 11% 2010 Judicial Performance Survey Report 5 ## Page 9 Judge William B. Sylvester Survey of Attorneys Regarding Trial Judges Average Grades 3.29 Overall Average Grade 3.32 Q1. Overall Case Management 3.32 3.34 1a. Promptly issuing a decision on the 3.40 case after trial. 3.42 1b. Maintainingappropriate control over 3.55 proceedings. 3.43 3.37 1c. Promptlyruling on pre-trial motions. 3.25 1d.Setting reasonable schedules for cases. 2.95 3.25 3.18 Q2. OverallApp & Knowledge of Law 3.17 2a. Beingable to identify and analyze 3.40 relevant facts. 3.30 2b.Basing decisions on evidence and argument. 3.45 3.13 3.25 2c. Willing to reconsider error in fact or law. 3.09 2d. [Criminal only] Issuing consistant sentences 2.60 whencircumstances are simmilar. 3.16 3.36 Q3. Overall Communication 3.44 3a.Making sure all participants understand 3.45 the proceedings. 3.55 3b. Providing written communications that are 3.27 clear, thorough and well reasoned. 3.32 2.0 2.5 3.0 3.5 4.0 William B. Sylvester All District Judges Jud 2g01e0 J uWdiciialll Piearfmorm aBnc.e SSuryvelyv Reepsortter 6 ## Page 10 Judge William B. Sylvester Survey of Attorneys Regarding Trial Judges Average Grades 3.46 Q4. Overall Demeanor 3.38 3.60 4a. Giving proceedingsa sense of dignity. 3.51 3.50 4b. Treating participants with respect. 3.42 4c. Conducting [his/her] courtroom 3.45 in a neutral manner. 3.32 3.28 4d. Consistanly applyinglaws and rules. 3.28 3.13 Q5. Overall Diligence 3.32 5a. Using good judgement in application of 3.05 releveant laws and rules. 3.20 5b. Doing the necessary 'homework' and 3.22 being prepared for [his/her] cases. 3.34 5c. Being willing to handle cases on the docket even 3.11 when they are complicated and time consuming. 3.42 2.0 2.5 3.0 3.5 4.0 Biased in favor of prosecution/defense. 14% Very biased in favor of the prosecution 11% 14% Somewhat biased in favor of the prosecution 27% 71% Completely Neutral 47% 0% Somewhat biased in favor of the defense 9% 0% Very biased in favor of the defense 2% 0% Don't know/not sure 4% 0% 10% 20% 30% 40% 50% 60% 70% 80% William B. Sylvester All District Judges 2010 Judicial Performance Survey Report 7 ## Page 11 Judge William B. Sylvester Survey of Attorneys Regarding Trial Judges Q8. How strongly do you recommend that Judge Sylvester be retained or not retained in office? Excluding Undecided Respondents 74% Strongly recommend retain 74% 16% Somewhat recommend retain 15% All Dist Judge Sylvester Judges 5% Total Retain 90% 89% Somewhat recommend not retain Total Not Retain 10% 11% 5% 5% Strongly recommend not retain 6% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Including Undecided Respondents 70% Strongly recommend retain 70% 15% Somewhat recommend retain 14% All Dist 5% Judge Sylvester Judges Undecided or DK 4% Total Retain 85% 84% Undecided or DK 5% 4% 5% Somewhat recommend not retain Total Not Retain 10% 11% 5% 5% Strongly recommend not retain 6% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% William B. Sylvester All District Judges 2010 Judicial Performance Survey Report 8 ## Page 12 SSuurrvveeyy ooff AApeelaattee JJuuddggeess RReeggaarrddiinngg JJuuddggee WWiiliiaamm BB.. SSyyllvveesstteerr ((SSaammppllee SSiizzee 2277)) ## Page 13 Survey of Appellate Judges Regarding District Judges Average Judge William B. Sylvester All Sample Size = 27 Retention No William B. District Evaluations of Judge Sylvester = 19 A B C D Fail Grade Sylvester Judges Judge Sylvester in terms of overall performance as a judge. 58% 15% 0% 0% 0% 27% 3.79 3.53 The Appellate Judges Regarding District Judges questionnaire asks only one question about each of the district judges eligible to stand for retention in 2010. While 27 out of 29 appellate judges completed the questionnaire, as expected most appellate judges only graded some of the listed district judges, marking the rest as “No Grade.” The number of evaluations shown below the sample size at the top of the page is the number of questionnaires returned with a letter grade for the judge. Please see the copy of the questionnaire in the Questionnaires section. 2010 Judicial Performance Survey Report 10 ## Page 14 SSuurrvveeyy ooff NNoonn--AAtoorrnneeyyss RReeggaarrddiinngg JJuuddggee WWiiliiaamm BB.. SSyyllvveesstteerr ((SSaammppllee SSiizzee 220055)) ## Page 15 Survey of Non-Attorneys Regarding Trial Judges Average Judge William B. Sylvester William B. All District Sample Size = 205 A B C D Fail DK/NA Sylvester Judges 1. Demeanor: 1a. Giving court proceedings a sense of dignity. 76% 19% 3% 0% 1% 0% 3.70 3.68 1b. Treating participants in the case politely and with respect. 78% 15% 2% 0% 1% 2% 3.73 3.68 1c. Conducting court in a neutral manner. 76% 17% 2% 0% 2% 2% 3.69 3.63 1d. Having a sense of compassion and human understanding 71% 18% 4% 1% 1% 4% 3.63 3.57 for those who appear before the court. Overall Demeanor 3.69 3.64 2. Fairness: 2a. Giving participants an opportunity to be heard. 76% 16% 4% 0% 1% 2% 3.68 3.66 2b. Treating those involved in the case without bias. 72% 16% 2% 1% 2% 7% 3.67 3.61 2c. Treating fairly people who represent themselves. 49% 10% 3% 1% 1% 36% 3.67 3.62 2d. Giving each side enough time to present his or her case. 68% 17% 3% 0% 1% 10% 3.68 3.65 Overall Fairness 3.68 3.64 3. Communications: 3a. Making sure participants understand the proceedings, and 74% 21% 3% 0% 0% 1% 3.69 3.70 what is going on in the courtroom. 3b. Using language that everyone can understand. 75% 21% 2% 0% 0% 1% 3.71 3.71 3c. Speaking clearly so everyone in the courtroom can hear 79% 17% 2% 0% 0% 1% 3.77 3.73 what is being said. Overall Communications 3.72 3.71 4. Diligence: 4a. Beginning court on time 64% 21% 8% 1% 0% 5% 3.55 3.50 4b. Maintaining appropriate control over proceedings. 76% 16% 4% 0% 0% 4% 3.75 3.73 4c. Setting reasonable schedules for cases. 62% 15% 5% 1% 0% 18% 3.68 3.61 4d. Being prepared for cases. 67% 17% 1% 1% 0% 13% 3.74 3.68 4e. Managing court proceedings so that there is little wasted 66% 19% 8% 1% 0% 5% 3.58 3.55 time. Overall Diligence 3.66 3.61 5. Application of Law: 5a. Giving reasons for rulings. 62% 16% 5% 1% 0% 15% 3.63 3.57 5b. Willing to make decisions without regard to possible 56% 11% 3% 1% 1% 27% 3.67 3.60 outside pressure. 5c. Being able to identify and analyze relevant facts. 63% 14% 2% 2% 1% 19% 3.66 3.59 Overall Application of Law 3.65 3.59 Overall Average Grade: 3.68 3.64 2010 Judicial Performance Survey Report 12 ## Page 16 Survey of Non-Attorneys Regarding Trial Judges Percentage Judge William B. Sylvester William B. All District Sylvester Judges Sample Size = 205 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 8% 10% Competely neutral 87% 84% Biased in favor of the defense total 5% 7% [A positive average indicates bias toward prosecution, and a Average 0.10 0.08 negative average indicates a bias toward the defense.] 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 9% 10% Competely neutral 79% 80% Lenient sentencing total 14% 11% [A positive average indicates sentences are harsh, and a Average -0.08 0.07 negative average indicates sentences are lenient.] 10. How strongly do you recommend that the Judge be retained or not retained in office? [Percentages excluding undecided responses.] Strongly recommend retain 86% 87% Somewhat recommend retain 12% 6% Somewhat recommend not retain 1% 2% Strongly recommend not retain 2% 4% Total Retain 98% 93% Total Not Retain 3% 6% [Percentages including undecided responses.] Strongly recommend retain 79% 82% Somewhat recommend retain 11% 6% Undecided or Don't Know 7% 6% Somewhat recommend not retain 1% 2% Strongly recommend not retain 2% 4% Total Retain 90% 88% Undecided/Don't Know 7% 6% Total Not Retain 3% 6% 2010 Judicial Performance Survey Report 13 ## Page 17 Judge William B. Sylvester Survey of Non-Attorneys Regarding Trial Judges Average Grades 3.68 Overall Average Grade 3.64 3.69 Q1. Overall Demeanor 3.64 3.70 1a. Giving proceedings a sense of dignity. 3.68 1b. Treating participants politely and with respect. 3.73 3.68 1c. Conducting the courtroom in a neutral 3.69 manner. 3.63 1d. Having a sense of compassion and human 3.63 understanding for those who appear before the judge. 3.57 3.68 Q2. Overall Fairness 3.64 2a. Giving participants an opportunity to be 3.68 heard. 3.66 2b. Treating those involved in the 3.67 case without bias. 3.61 2c. Treats people fairly who represent 3.67 themselves. 3.62 2d. Giving each side enough time to present his 3.68 or her case. 3.65 3.72 Q3. Overall Communtications 3.71 3a. Making sure participants understand the 3.69 proceedings, and what's going on in the courtroom. 3.70 3b. Using language that everyone can 3.71 understand. 3.71 3c. Speaking clearly so everyone in the courtroom 3.77 can hear what's being said. 3.73 2.0 2.5 3.0 3.5 4.0 William B. Sylvester All District Judges Jud 20g10e J uWdiciaill Pliearfomrma Bnce. SSurvyeyl vReepsortter 14 ## Page 18 Judge William B. Sylvester Survey of Non-Attorneys Regarding Trial Judges Average Grades 3.66 Q4. Overall Diligence 3.61 3.55 4a. Beginning court on time. 3.50 4b. Maintaining appropriate control over 3.75 proceedings. 3.73 4c. Setting reasonable schedules for cases. 3.68 3.61 4d. Being prepared for his or her cases. 3.74 3.68 4e. Managing court proceedings so that there is 3.58 little wasted time. 3.55 3.65 Q5. Overall Legal Ability 3.59 5a. Giving reasons for rulings. 3.63 3.57 5b. Willing to make decision without regard to 3.67 possible outside pressure. 3.60 5c. Being able to identify and analyze 3.66 relevant facts. 3.59 2.0 2.5 3.0 3.5 4.0 Q6 Biased in favor of prosecution/defense. 0.10 William B. Sylvester 0.08 All District Judges -5 -4 -3 -2 -1 0 1 2 3 4 5   Defense Prosecution Q7 Lenience or Harshness in Sentencing. -0.08 William B. Sylvester 0.07 All District Judges -5 -4 -3 -2 -1 0 1 2 3 4 5   Lenient Harsh William B. Sylvester All District Judges 2010 Judicial Performance Survey Report 15 ## Page 19 William B. Sylvester All District Judges Judge William B. Sylvester Survey of Non-Attorneys Regarding Trial Judges Q10. How strongly do you recommend that Judge Sylvester be retained or not retained in office? Excluding Undecided Respondents 86% Strongly recommend retain in office 87% 12% Somewhat recommend retain in office 6% All Dist Judge Sylvester Judges Total Retain 98% 93% 1% Somewhat recommend not retain in office Total Not Retain 3% 6% 2% 2% Strongly recommend not retain in office 4% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Including Undecided Respondents 79% Strongly recommend retain in office 82% 11% Somewhat recommend retain in office 6% 7% All Dist Undecided 6% Judge Sylvester Judges Total Retain 90% 88% 1% Undecided 7% 6% Somewhat recommend not retain in office 2% Total Not Retain 3% 6% 2% Strongly recommend not retain in office 4% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% William B. Sylvester All District Judges 2010 Judicial Performance Survey Report 16 ## Page 20 MMeetthhooddoollooggyy ## Page 21 MMeetthhooddoollooggyy The results shown in the 2010 Judicial Performance Survey Report are based on three surveys: The Survey of Attorneys Regarding Trial Judges, the Survey of Appellate Judges Regarding District Judges, and the Survey of Non-Attorneys Regarding Trial Judges. Below is a description of the methodology of the three surveys. I Attorneys Regarding Trial Judges a. Sample: Talmey-Drake Research & Strategy received case data with the names of people who had likely been in each judge’s courtroom from five primary sources: Colorado Judicial Department, Colorado District Attorneys’ Council Denver County Courts District Attorney’s Office, Second Judicial District (Denver) District Attorney’s Office, Ninth Judicial District Additional information was provided by the State Public Defender’s Office and the District Attorney’s Office, 15th Judicial District. The data from these different data sources are combined, duplicates removed and addresses corrected. i. Prior to 2009, the survey of Attorneys Regarding Trial Judges was conducted using paper questionnaires mailed to the attorneys’ offices. A sample of attorneys drawn from the case data were assigned to evaluate judges subject to the following rules applied in the order shown. 1. No attorney would be asked to evaluate the same judge in a 24 month period. 2. If an attorney was eligible to evaluate both a trial judge and an appellate judge, the attorney was assigned to evaluate the appellate judge. 3. If there were several judges the attorney could potentially evaluate, the attorney was assigned the judge with whom he or she had had the most cases during the sampling time frame, or the judge with the smallest sample in order to even out sample sizes among judges. Attorneys were mailed a questionnaire, and if they did not respond they were sent a reminder postcard followed by a second questionnaire and in some cases a second reminder postcard. Questionnaires were barcoded, and if an attorney mailed back two questionnaires, the second one was deleted from the data file. Attorneys who did not complete the survey after the second request were then telephoned and asked to complete the survey by phone. 2010 Judicial Performance Survey Report 18 ## Page 22 ii. In 2009 the Attorneys Regarding Trial Judges Survey moved from being a paper survey mailed to potential respondents to an online survey. Moving the survey to online permitted asking individual attorneys to evaluate up to five trial judges, and with the exception of the effects of the modified assignment rules 1 through 3 below, it became a survey of all attorneys who had cases before trial judges. Allowing an attorney to evaluate up to five judges, entailed slightly modifying the assignment rules: 1. No attorney would be asked to evaluate the same justice or judge in a 24-month period. 2. If an attorney was eligible to evaluate both a trial judge and an appellate judge, the attorney was assigned to evaluate the appellate judge. 3. If there were more than five judges who could be assigned to the attorney, the attorney was assigned the judges with whom he or she had had the most cases during the sampling time frame, or the judges with the smallest samples in order to even out sample sizes among judges. Attorneys were first mailed a letter about the online survey to let them know that they would soon receive an email with a link to the survey. The Web address of the survey and a password were included in the letter if the attorney wanted to complete the survey immediately. A week after the first email was sent, a follow-up email was sent. Potential respondents who did not complete the survey after the second email were then telephoned and asked to either complete the survey then by phone, or to please complete it online. iii. In 2010 rule #2 above was changed so that an attorney could be asked to evaluate a combination of up to seven trial judges or Court of Appeals judges, if the attorney had had a case before the COA. Attorneys who had cases before the both the Supreme Court and trial judges during the sample time frame were asked to evaluate all seven Supreme Court justices, and not asked to evaluate the trial judges. The results shown in the 2010 Judicial Performance Survey Report for the Attorneys Regarding Trial Judges survey are based on the combined data collected from January 2005 through early February 2010 1 for those questions that have been consistently asked during that time period. Starting in 2010, the Judicial Performance Survey reports are based on a moving average, or rolling sample, of data collected over a period of time equal to the justice’s or judge’s term of office: ten years for a Supreme Court justice, eight years for a COA judge, six years for a district judge and four years for a county judge. To use a district judge as an example: as survey data is collected it is pooled together for six years. After six years, as new data is added to the judge’s survey results in the first quarter of the seventh year, the oldest quarter of data in the pool is deleted. The current data for all judges only goes back as far as 2005—or the year the judge took the bench—therefore the rolling of the data only affects the county judge sample in the 2010 reports. 1 The State Commission on Judicial Performance authorized continuous surveying in 2007. Prior to 2007 data was only collected in the odd numbered years before the retention reports were issued. Therefore, while data was gathered in 2005, 2007, 2008 and 2009, and used in this report, there was no data collected in 2006. 2010 Judicial Performance Survey Report 19 ## Page 23 b. Questions: The survey questions asked respondents to use a grade of A, B, C, D, or F to assess the justice or judge's performance on twelve aspects of judicial performance. (See Questionnaire section.) These grades were then converted to a numerical scores 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 justice or judge be retained or not retained in office. c. Comments: In addition to the A through F questions, respondents were also asked what they considered to be the judge’s strengths and what they considered to be the judge’s 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. Since 2005 there have been changes to the number of comment questions, though the strengths and weaknesses questions have been asked in every survey. 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 fixed, but where the respondent entered a comment in all upper or all lower case, or without punctuation, the comment was not corrected. d. Analysis: The Attorneys Regarding Trial Judges section first shows a table of the percentage distribution for each of the A through F questions, including “don’t know” responses. The next column to the right shows the judge’s average grade for each question. For comparison purposes, averages were also computed for all district judges—including judges who are not eligible to stand for retention in 2010—and are shown in the furthest right column on the page. Tables showing the percentage distribution for all questions for all district judges are located at the end of this methodology section. The overall question averages are calculated by adding up the averages for each question and dividing by the number of questions. 2010 Judicial Performance Survey Report 20 ## Page 24 The next table shows the percentage distribution of the responses to the question about recommending retention. The first column of percentages is for the report-judge and the second column displays the percentages for all district judges. The percentages are shown both including and excluding “don’t know/undecided” responses. 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 third part of the Attorneys Regarding Trial Judges section of the report lists the comments the attorney made about the judge’s strengths and weaknesses. e. Cooperation Rate: The overall response rate for the Attorneys Regarding Trial Judges Survey is calculated as the number of completed survey-evaluations divided by the number of possible evaluations. An equivalent response rate for an individual judge is computed as the number of completed survey-evaluations for that judge divided by the number of possible evaluations that could have been completed for the judge. From 2005 to 2010 a total of 7,796 attorneys were asked to participate in the Attorneys Regarding Trial Judges Survey and on average to evaluate 4.3 judges each—a total of 33,257 potential attorney evaluations. A total of 4,986 attorneys responded (64.0%) with one or more survey evaluations, and the average number of judges evaluated per attorney was 2.5 . II Appellate Judges Regarding District Judges a. Sample: All 29 appellate judges (Supreme Court and Court of Appeals) were sent a questionnaire asking them to evaluate the district judges eligible to stand for retention in November 2010. b. Questions: The questionnaire consisted of one question about each district judge concerning his or her overall performance as a judge. (See Questionnaire section.) The A through F responses were converted to a numerical scores where A = 4, B = 3, C = 2, D = 1 and Fail = 0. 2010 Judicial Performance Survey Report 21 ## Page 25 c. Comments: In addition to the A through F questions, the appellate judge respondents were asked to write a comment about each district judge. By statute these comments are confidential and only provided to the district 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 district judge and the Commission, an attempt is made to redact all respondent identifying information from the comments. An effort has been made to correct spelling and typographical errors. d. Analysis: The District Judges Regarding Appellate Judges section shows a table of the percentage distribution for the one question, including “don’t know” responses. The next column to the right shows the judge’s average grade for each question. For comparison purposes, averages were also computed for all district judges eligible to stand for retention in 2010 and are shown in the furthest right column on the page. The second part of the Attorneys Regarding Appellate Judges lists the comments district and appellate justices and judges wrote about the report-justice. e. Cooperation Rate: A questionnaire was sent to 29 Supreme Court justices and Court of Appeals judges. Twenty-seven questionnaires were returned, though not all 27 showed grades for every district judge. III Non-Attorneys Regarding Trial Judges a. Sample: Talmey-Drake Research & Strategy received case data with the names of non-attorneys who had likely been in each judge’s courtroom from five primary sources: Colorado Judicial Department, Colorado District Attorneys’ Council Denver County Courts District Attorney’s Office, Second Judicial District (Denver) District Attorney’s Office, Ninth Judicial District The data from these different data sources are combined, duplicates removed and addresses corrected. In addition to non-attorneys who had likely been in the judge’s courtroom, names of court employees, including probation officers, were added to the non-attorney sample. 2010 Judicial Performance Survey Report 22 ## Page 26 Depending on the number of names available to be sampled for each judge, a random sample was drawn if the quantity of potential respondents was large. On the other hand, if the count of possible respondents was small, all potential respondents were included in the sample. Where a person had been in more than one judge’s courtroom, the selection criteria for which judge he or she would be sent a questionnaire was generally for the judge in whose courtroom the potential respondent had been in most often. Each person whose name was sampled for the Non-Attorney Survey was mailed an initial postcard informing the recipient that he or she would be receiving a questionnaire. Two to three weeks after the post card was mailed, the potential respondent 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. Starting in 2010, non-attorney section of 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 judge’s term of office: six years for a district judge and four years for a county judge. To use a district judge as an example: as survey data is collected it is pooled together for six years. After six years, as new data is added to the judge’s survey results in the first quarter of the seventh year, the oldest quarter of data in the pool is deleted. The current data for all judges only goes back as far as 2005—or the year the judge took the bench—therefore the rolling of the data only affects the county judge sample in the 2010 reports. 2 b. Questions: The survey questions asked respondents to use a grade of A, B, C, D, or F to assess the justice or judge's performance on twelve aspects of judicial performance (See Questionnaire section.) These grades were then converted to a numerical scores 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 justice or judge be retained or not retained in office. A copy of the questionnaire is included in the last section of this report. 2 The State Commission on Judicial Performance authorized continuous surveying in 2007. Prior to 2007 data was only collected in the odd numbered years before the retention reports were issued. Therefore, while data was gathered in 2005, 2007, 2008 and 2009, and used in this report, there was no data collected in 2006. 2010 Judicial Performance Survey Report 23 ## Page 27 c. Analysis: The Non-Attorneys Regarding Trial Judges section first shows a table of the percentage distribution for each of the A through F questions, including “don’t know” responses. The next column to the right shows the judge’s average grade for each question. For comparison purposes, averages were also computed for all district judges—including judges who are not eligible to stand for retention in 2010—and are shown in the furthest right column on the page. Tables showing the percentage distribution for all questions for all district judges are located at the end of this methodology section. The overall question averages are calculated by adding up the averages for each question and dividing by the number of questions. The next table shows the percentage distribution of the responses to the questions about prosecution or defense bias and recommending retention. The first column of percentages is for the report-judge and the second column displays the percentages for all district judges. The percentages for the retention question are shown including and excluding “don’t know/undecided” responses. 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 third part of the Non-Attorneys Regarding Trial Judges section of the report lists the comments the attorney 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 what they considered to be the judge’s 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. Since 2005 there have been changes to the number of comment questions, though the strengths and weaknesses questions have been asked in every survey. The number to the left of each comment refers to the same attorney respondent in both the strengths section and the weaknesses section. 2010 Judicial Performance Survey Report 24 ## Page 28 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 who they had not observed. 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 Sylvester is shown below, and on the next page is a table of the overall cooperation rates for both the attorney and non-attorney regarding trial judges surveys for all district judges. 2010 Judicial Performance Survey Report 25 ## Page 29 Judge William B. Sylvester 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 37 29 0 0 8 21.6% Defense Attorneys 12 4 2 0 6 60.0% Civil Attorneys for Litigants 15 7 3 0 5 41.7% Other Attorneys Civil 4 3 0 0 1 25.0% Attorneys, Unknown Role Type 1 1 0 0 0 0.0% Total Attorneys 69 44 5 0 20 31.3% Non-attorneys Criminal Witness 254 150 72 10 22 12.1% Other 50 28 17 0 5 15.2% Law Enforcement 208 128 54 7 19 12.3% Defendant 147 78 51 1 17 17.7% Civil Litigant 43 29 12 0 2 6.5% Non-Attorneys, Unknown Role Type 1 1 0 0 0 0.0% Jurors 289 112 35 5 137 53.9% Employees 4 1 0 0 3 75.0% Total Non-attorneys 996 527 241 23 205 27.2% Grand Total: 1065 571 246 23 225 27.5% 2010 Judicial Performance Survey Report 26 ## Page 30 Total Response Counts by Type of Respondent for All District Judges Total No Undeliverable/ Other Non- Cooperation Sent Response Not Applicable responses Completes Rate Attorney Evaluations Criminal District Attorneys 1053 667 26 1 359 35.0% Defense Attorneys 1623 920 42 0 661 41.8% Other Attorneys Crmnl 23 14 1 0 8 36.4% Civil Attorneys for Litigants 2540 1157 133 4 1246 51.9% Guardian ad litem 14 5 0 0 9 64.3% Other Attorneys Civil 776 499 21 2 254 33.7% Attorneys, Unknown Role 30 7 5 0 18 72.0% Total Attorneys 6059 3269 228 7 2555 43.8% Non-attorneys Criminal Law Enforcement 3572 1855 929 100 688 27.1% Defendant 11205 5065 5122 70 948 15.8% Victim 31 18 7 1 5 21.7% Witness 3941 2016 1271 186 468 18.8% Other 1045 590 309 11 135 18.6% Civil Litigant 8005 4441 1954 117 1493 25.2% Witness 266 133 61 6 66 33.2% Other 195 84 51 6 54 39.1% Non-attnys, Unknown Role 700 328 282 1 89 21.3% Total Non-attorneys 28960 14530 9986 498 3946 20.8% Others Appellate Judges 29 2 0 0 27 93.1% Jurors 11195 4330 560 132 6173 58.8% Employees 283 113 35 22 113 50.0% Total Other 11507 4445 595 154 6313 57.9% Total 46526 22244 10809 659 12814 35.9% 2010 Judicial Performance Survey Report 27 ## Page 31 Projectability Most surveys seen by the public are surveys that are intended to be projectable, that is the results from the sample of people surveyed can be used to estimate a percentage or value of the population sampled with a known probability of error. For example, a pre- election poll of 500 likely Colorado voters is used to estimate the percentage of voters who will vote for Candidate A versus Candidate B on election day, plus or minus some number of percentage points. The plus or minus amount is usually what is known as the 95%-confidence interval (the known probability of error), or what the media often refers to as the margin-of-error. None of the three surveys that make up this report, Attorneys Regarding Trial Judges, Appellate Judges Regarding District Judges and the Non-Attorneys Regarding Trial Judges, are projectable with a known probability of error because the results are calculated from a self-selecting sample that is self-selecting based on the content and subject matter of the survey. In other words, the potential respondent knows the purpose and content of the survey, and based on that, decides whether to respond to the survey. While projectability within a known probability of error is a highly desirable attribute of a survey, it is often not feasible to achieve. Commercial market research often uses nonprojectable (and small) samples-the most well known of which are for focus groups. Moreover, the federal courts have long accepted, and do not expect, projectable samples for market confusion surveys used in trademark litigation. In other words, one can still use the results of the Judicial Performance Evaluation Survey to estimate how everyone who has observed a justice or judge in the courtroom would grade him or her, just not with a known probability of error. The Judicial Performance Evaluation Survey is a valuable means, perhaps the only practical means, for the Judicial Performance Commissions to have a summary of structured interviews with a number of people who have courtroom familiarity with the judge being evaluated, and who most often - albeit not always - are responding out of a desire to improve the performance of our state's judicial system. 2010 Judicial Performance Survey Report 28 ## Page 32 Survey of Attorneys Regarding Trial Judges All District Judges Average Sample Size = 2555 A B C D Fail DK/NA Grade 1. Case Management: 1a.Promptly issuing a decision on the case after trial. 49% 20% 7% 2% 1% 21% 3.42 1b.Maintaining appropriate control over proceedings. 61% 24% 8% 3% 2% 2% 3.43 1c.Promptly ruling on pre-trial motions. 45% 25% 10% 4% 2% 14% 3.25 1d.Setting reasonable schedules for cases. 50% 27% 11% 4% 2% 5% 3.25 Overall Case Management 3.34 2. Application and Knowledge of Law: 2a.Being able to identify and analyze relevant facts. 54% 26% 10% 4% 2% 3% 3.30 2b.Basing decisions on evidence and arguments. 43% 24% 11% 6% 3% 13% 3.13 2c.Willing to reconsider error in fact or law. 39% 21% 10% 5% 4% 20% 3.09 2d.Issuing consistent sentences when the circumstances are 31% 20% 8% 3% 2% 36% 3.16 similar. Overall Application and Knowledge of Law 3.17 3. Communications: 3a.Making sure all participants understand the proceedings. 65% 23% 6% 2% 1% 2% 3.55 3b.Providing written communications that are clear, thorough 49% 24% 9% 4% 2% 13% 3.32 and well reasoned. Overall Communications 3.44 4. Demeanor: 4a. Giving proceedings a sense of dignity. 67% 21% 6% 2% 2% 1% 3.51 4b. Treating parties with respect. 66% 19% 7% 4% 3% 1% 3.42 4c. Conducting his/her courtroom in a neutral manner. 60% 21% 9% 5% 4% 2% 3.32 4d. Consistently applying laws and rules. 54% 24% 10% 4% 3% 5% 3.28 Overall Demeanor 3.38 5. Diligence: 5a.Using good judgment in application of relevant law and 51% 27% 11% 5% 3% 3% 3.20 rules. 5b.Doing the necessary homework and being prepared for 55% 25% 9% 4% 2% 5% 3.34 his/her cases. 5c.Being willing to handle cases on the docket even when 54% 19% 7% 3% 2% 15% 3.42 they are complicated and time consuming. Overall Diligence 3.32 Overall Average Grade: 3.32 2010 Judicial Performance Survey Report 29 ## Page 33 Survey of Attorneys Regarding Trial Judges Average All District Judges Grade Sample Size = 2555 Would you say the judge is: Very biased in favor of the prosecution 11% Somewhat biased in favor of the prosecution 27% Completely neutral 47% Somewhat biased in favor of the defense 9% Very biased in favor of the defense 2% Don't know or not sure 4% 8. How strongly do you recommend that the Judge be retained in office, or not be retained in office? [Percentages excluding undecided responses.] Strongly recommend retain 74% Somewhat recommend retain 15% Somewhat recommend not retain 5% Strongly recommend not retain 6% Total Retain 89% Total Not Retain 11% [Percentages including undecided responses.] Strongly recommend retain 70% Somewhat recommend retain 14% Undecided or Don't Know 4% Somewhat recommend not retain 5% Strongly recommend not retain 6% Total Retain 84% Undecided/Don't Know 4% Total Not Retain 11% 2010 Judicial Performance Survey Report 30 ## Page 34 Survey of Non-Attorneys Regarding Trial Judges All District Judges Average Sample Size = 10232 A B C D Fail DK/NA Grade 1. Demeanor: 1a.Giving court proceedings a sense of dignity. 78% 15% 4% 1% 1% 1% 3.68 1b.Treating participants in the case politely and with respect. 80% 12% 3% 2% 2% 1% 3.68 1c.Conducting court in a neutral manner. 78% 13% 4% 2% 3% 1% 3.63 1d.Having a sense of compassion and human understanding 73% 15% 4% 2% 3% 2% 3.57 for those who appear before the court. Overall Demeanor 3.64 2. Fairness: 2a.Giving participants an opportunity to be heard. 78% 13% 3% 2% 2% 1% 3.66 2b.Treating those involved in the case without bias. 77% 13% 3% 2% 3% 2% 3.61 2c.Treating fairly people who represent themselves. 49% 8% 2% 1% 2% 38% 3.62 2d.Giving each side enough time to present his or her case. 76% 13% 3% 2% 2% 4% 3.65 Overall Fairness 3.64 3. Communications: 3a.Making sure participants understand the proceedings, and 80% 13% 4% 1% 1% 1% 3.70 what is going on in the courtroom. 3b.Using language that everyone can understand. 79% 15% 3% 1% 1% 1% 3.71 3c.Speaking clearly so everyone in the courtroom can hear 81% 13% 3% 1% 1% 1% 3.73 what is being said. Overall Communications 3.71 4. Diligence: 4a.Beginning court on time 65% 22% 7% 2% 2% 2% 3.50 4b.Maintaining appropriate control over proceedings. 80% 13% 3% 1% 1% 1% 3.73 4c.Setting reasonable schedules for cases. 67% 16% 4% 1% 2% 10% 3.61 4d.Being prepared for cases. 75% 13% 3% 1% 2% 6% 3.68 4e.Managing court proceedings so that there is little wasted 69% 20% 6% 2% 2% 2% 3.55 time. Overall Diligence 3.61 5. Application of Law: 5a.Giving reasons for rulings. 69% 15% 4% 2% 3% 7% 3.57 5b.Willing to make decisions without regard to possible 64% 11% 3% 2% 3% 18% 3.60 outside pressure. 5c.Being able to identify and analyze relevant facts. 71% 13% 3% 2% 3% 8% 3.59 Overall Application of Law 3.59 Overall Average Grade: 3.64 2010 Judicial Performance Survey Report 31 ## Page 35 Survey of Non-Attorneys Regarding Trial Judges Average All District Judges Grade Sample Size = 10232 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 10% Competely neutral 84% Biased in favor of the defense total 7% 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 80% Lenient sentencing total 11% Average 0.07 10. How strongly do you recommend that the Judge be retained or not retained in office? [Percentages excluding undecided responses.] Strongly recommend retain 87% Somewhat recommend retain 6% Somewhat recommend not retain 2% Strongly recommend not retain 4% Total Retain 93% Total Not Retain 6% [Percentages including undecided responses.] Strongly recommend retain 82% Somewhat recommend retain 6% Undecided or Don't Know 6% Somewhat recommend not retain 2% Strongly recommend not retain 4% Total Retain 88% Undecided/Don't Know 6% Total Not Retain 6% 2010 Judicial Performance Survey Report 32 ## Page 36 Survey of Appellate Judges Regarding District Judges All District Judges DK/ Sample Size = 27 A B C D Fail NA All district judges eligible to stand for retention in 2010. 28% 15% 3% 0% 0% 54% 2010 Judicial Performance Survey Report ## Page 37 QQuueessttiioonnnnaaiirreess ## Page 38 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 2c and question 6.) Civil . 1 Criminal other than traffic . 2 Traffic . 3 Domestic . 4 Juvenile . 5 Probate . 6 Other . 9 1. Case Management: a. Promptly issuing a decision on the case after trial. A B C D F DK/NS b. Maintaining appropriate control over proceedings. A B C D F DK/NS c. Promptly ruling on pre-trial motions. A B C D F DK/NS d. Setting reasonable schedules for cases. A B C D F DK/NS 2. Application and Knowledge of Law: a. Being able to identify and analyze relevant facts. A B C D F DK/NS b. Basing decisions on evidence and arguments. A B C D F DK/NS c. Willing to reconsider error in fact or law. A B C D F DK/NS d. [Criminal only] Issuing consistent sentences when the circumstances are similar. A B C D F DK/NS 3. Communications: a. Makings sure all participants understand the proceedings. A B C D F DK/NS b. Providing written communications that are clear, thorough and well reasoned. A B C D F DK/NS 4. Demeanor: a. Giving proceedings a sense of dignity. A B C D F DK/NS b. Treating participants with respect. A B C D F DK/NS c. Conducting his/her courtroom in a neutral manner. A B C D F DK/NS d. Consistently applying laws and rules. A B C D F DK/NS 5. Diligence: a. Using good judgment in application of relevant law and rules. A B C D F DK/NS b. Doing the necessary “homework” and being prepared for his/her cases. A B C D F DK/NS c. Being willing to handle cases on the docket even when they are complicated and time consuming. A B C D F DK/NS 1 ## Page 39 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 retained in office? Strongly recommend he be retained in office . 5 Somewhat recommend he be retained in office . 4 Undecided or don’t know enough to make recommendation . 3 Somewhat recommend he not be retained in office . 2 Strongly recommend he not be retained in office . 1 2 ## Page 40 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 Somewhat recommend he/she be retained in office ............................ 4 Undecided or don’t know enough to make recommendation ............. 3 If we have made a mistake and you either were not in Judge [Last Somewhat recommend he/she not be retained in office ..................... 2 Name]’s courtroom in the past 18 months, or you feel that you do not Strongly recommend he/she not be retained in office ......................... 1 have sufficient experience with Judge [Last Name] to have an opinion 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 ## Page 41 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 5 4 3 2 1 0 1 2 3 4 5 b. Maintaining appropriate control over proceedings. 4 3 2 1 0 9 c. Setting reasonable schedules for cases. 4 3 2 1 0 9 d. Being prepared for his/her cases. 4 3 2 1 0 9 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 ## Page 42 Using a grade scale, where an “A” is excellent along with B, C, D or F for fail, please grade the following district judges in terms of each one’s overall performance as a judge by circling the appropriate letter grade. If you feel that you don’t have enough information about a judge to mark a specific grade, please put a check in the box under “No Grade.” If there are any judges you would like to add a comment about, please do so by filling out comment section on pages 3 and 4, or by enclosing a separate sheet with your comments when you return this questionnaire. Please start each comment with the judge’s name and district. Thank you. 1st Judicial District No Grade 4th Judicial District (continued) No Grade Dennis Hall .................... A B C D F James P. Kelly .............. A B C D F Philip J. McNulty ............ A B C D F Gilbert Martinez ............. A B C D F Stephen M. Munsinger .. A B C D F G. David Miller .............. A B C D F 2nd Judicial District 5th Judicial District Edward D. Bronfin ......... A B C D F R. Thomas Moorhead ... A B C D F Norman D. Haglund ...... A B C D F Karen A. Romeo ........... A B C D F William W. Hood, III ....... A B C D F Michael A. Martinez ....... A B C D F 6th Judicial District .... William D. Robbins ....... A B C D F Gregory G. Lyman ........ A B C D F Donna J. Schmalberger A B C D F Jeffrey R. Wilson ........... A B C D F Herbert L. Stern, III ........ A B C D F 7th Judicial District C. Jean Stewart ............. A B C D F Jeff B. Herron ................ A B C D F Brian Whitney ................ A B C D F 8th Judicial District David B. Woods ............ A B C D F Jolene C. Blair ............... A B C D F 3rd Judicial District Terence Gilmore ........... A B C D F Leslie J. Gerbracht ........ A B C D F Daniel J. Kaup ............... A B C D F 4th Judicial District Gregory M. Lammons ... A B C D F David A. Gilbert ............. A B C D F Stephen J. Schapanski . A B C D F Deborah J. Grohs .......... A B C D F 9th Judicial District Barney Iuppa ................. A B C D F Gail Nichols ................... A B C D F 1 ## Page 43 10th Judicial District 20th Judicial District No Grade No Grade Thomas B. Flesher ........ A B C D F Lael E. Montgomery ...... A B C D F Jill S. Mattoon ................ A B C D F 21st Judicial District Larry C. Schwartz .......... A B C D F Dick Gurley ................... A B C D F 11th Judicial District Valerie J. Robison ......... A B C D F Stephen A. Groome ...... A B C D F 22nd Judicial District 12th Judicial District Sharon L. Hansen ......... A B C D F Martin A. Gonzales ........ A B C D F Douglas S. Walker ........ A B C D F 13th Judicial District (None) 14th Judicial District Please use the following pages or attach a sheet Mary C. Hoak ................ A B C D F for comments you would like to make about any 15th Judicial District of these district Judges. Stanley A. Brinkley ........ A B C D F 16th Judicial District Michael A. Schiferl ........ A B C D F Thank You. 17th Judicial District John T. Bryan ................ A B C D F C. Scott Crabtree .......... A B C D F Katherine R. Delgado .... A B C D F Thomas R. Ensor .......... A B C D F F. Michael Goodbee ...... A B C D F Patrick T. Murphy .......... A B C D F C. Vincent Phelps, Jr. .... A B C D F Jill-Ellyn Straus .............. A B C D F 18th Judicial District Angela Arkin .................. A B C D F Richard B. Caschette .... A B C D F Timothy L. Fasing .......... A B C D F Jeffrey K. Holmes .......... A B C D F Carlos Armando Samour,Jr. A B C D F William B. Sylvester ...... A B C D F Elizabeth Ann Weishaupl A B C D F 19th Judicial District Julie C. Hoskins ............ A B C D F Daniel Maus .................. A B C D F Thomas J. Quammen .... A B C D F 2 ## Page 44 Though your name will never be associated with your answers, because each district judge will see a typed transcript of the comments people wrote about him or her, it is important that you do not include information in the comments below that would unintentionally identify you as the author. Judge Name Comments _:_ _ _ _ _ _ _:_ _ _ _ _ _ _:_ _ _ _ _ _ _:_ _ _ _ _ _ 3 ## Page 45 Though your name will never be associated with your answers, because each district judge will see a typed transcript of the comments people wrote about him or her, it is important that you do not include information in the comments below that would unintentionally identify you as the author. Judge Name Comments _:_ _ _ _ _ _ _:_ _ _ _ _ _ _:_ _ _ _ _ _ _:_ _ _ _ _ _ 4
• 2004 cycle
  • 2004 Retention Survey Report(PDF on OJPE)
    Read full retention survey textexpandcollapse

    ## Page 1 State of Colorado Logo COMMISSION ON JUDICIAL PERFORMANCE 2004 Judicial Performance Survey TThhee HHoonnoorraabbllee WWiilllliiaamm BB.. SSyyllvveesstteerr ## Page 2 March 22, 2004 The Honorable William B. Sylvester District Judge, 18th Judicial District Arapahoe County Justice Center 7325 S. Potomac St. Englewood, Co. 80112 Dear Judge Sylvester: Every two years the Colorado Judicial Performance Commission conducts a survey of people who have been in the courtroom of judges who face a retention vote in the next general election. The 2004 survey was conducted by Talmey-Drake Research & Strategy, Inc., who attempted to contact over 35,000 people who had been in these courtrooms in one capacity or another. Over 10,000 people responded—3,683 to the attorney survey and 6,330 to the non-attorney survey. This report contains the results of those who were in your courtroom and who responded to the survey. In addition to this introduction, the report is divided into four main sections: · Attorney Results & Comments: This section contains graphs displaying the average grade you received overall (the combined average from questions 1a through 5e as required by the recent rule changes) , each section and each question. Following the graphs, are a series of tables showing the percentage distribution of responses to each question. Attorney respondents were also asked to comment about your performance. These comments have been transcribed, and in some instances redacted to eliminate respondent identifying information. A copy of the attorney questionnaire is at the back of this report. · Non-attorney Results & Comments: Similar to the Attorney section, this portion of the report contains graphs (again including the overall average of questions 1a through 5c on the non-attorney questionnaire), the percentage distribution of responses by non-attorneys to each substantive question in the survey. The non-attorney respondents were also asked to comment about your performance. Again, these comments have been transcribed, and in some instances redacted to eliminate respondent identifying information. A copy of the non-attorney questionnaire is also at the back of this report. · Methodology: The third section of the report discusses the methodology of the survey. · Questionnaires: And the final section provides copies of the questionnaires that were used. 100 Arap ahoe, Suite One, Boulder, CO 80302 Phone 303.443.5300 Fax 303.447.9386 ## Page 3 The Honorable William B. Sylvester March 22, 2004 Page 2 If you have any questions about the methodology and how the survey was conducted, please feel free to contact me at 303-443-5300, and for any other questions you might have about the survey please call the Director of the Colorado Judicial Performance Program, Michelle Stermer, at 303-837-3665. Best regards, Paul A. Talmey President enc: ## Page 4 Judge William Blair Sylvester Attorney Survey Average Grades: Overall and by Section 3.4 Overall Average 3.3 3.3 3.3 Q1. Overall Case 3.3 Management 3.3 3.3 Q2. Overall App & 3.2 Knowldge of Law 3.2 3.6 Q3. Overall 3.5 Communications 3.5 3.6 Q4. Overall Demeanor 3.4 3.4 3.3 Q5. Overall Diligence 3.2 3.3 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade William Blair Sylvester All District Judges All Trial Judges Judicial Performance Survey 2004 Page 1 ## Page 5 Judge William Blair Sylvester Attorney Survey Average Grades: Case Management 3.3 Q1. Overall Case Management 3.3 3.3 3.5 1a. Promptly making rulings 3.4 during trial 3.5 3.6 1b. Beginning court on time 3.4 3.4 3.2 1c. Allotting appropriate 3.3 amount of time for cases 3.3 3.3 1d. Keeping cases moving 3.3 according to schedule 3.3 2.9 1e. Assisting parties to reach 3 agreement 3 3.4 1f. Maintaining appropriate 3.4 control over proceedings 3.4 3.1 1g. Promptly ruling on pre-trial 3.1 motions 3.2 3.6 1h. Promptly issuing a 3.3 decision on the case after trial 3.4 3.1 1i. Setting reasonable 3.2 schedules for cases 3.3 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade William Blair Sylvester All District Judges All Trial Judges Judicial Performance Survey 2004 Page 2 ## Page 6 Judge William Blair Sylvester Attorney Survey Average Grades: Application and Knowledge of Law 3.3 Q2. Overall App & Knowldge of 3.2 Law 3.2 3.3 2a. Basing decisions on 3.2 evidence and arguments 3.2 3.2 2b. Giving reasons for rulings 3.2 3.3 3.2 2c. Issuing written findings of 3.1 fact and law 3.1 3.1 2d. Willing to reconsider error 2.9 in fact or law 2.9 3.2 2e. Having knowledge of 3.2 relevant substantive law 3.2 3.4 2f. Having knowledge of rules 3.3 of procedure and evidence 3.3 3.3 2g. Being able to identify and 3.3 analyze relevant facts 3.3 2h. Issuing consistent 2.9 sentences when the 3.1 circumstances are similar 3.2 2i. Willing to make decision 3.3 without regard to possible 3.3 criticism 3.3 3.3 2j. Making decisions without 3.4 fear of being appealed 3.4 1.0 1.5 2.0 2.5 3.0 3.5 4.0 William Blair Sylvester Average Grade All District Judges All Trial Judges Judicial Performance Survey 2004 Page 3 ## Page 7 Judge William Blair Sylvester Attorney Survey Average Grades: Communications 3.6 Q3. Overall Communications 3.5 3.5 3.7 3a. Speaking clearly 3.6 3.6 3.6 3b. Making sure all participants understand the 3.5 proceedings 3.5 3.7 3c. Using understandable 3.6 language 3.6 3.3 3d. Providing written communications that are 3.3 clear, thorough and well reasoned 3.3 1.0 1.5 2.0 2.5 3.0 3.5 4.0 William Blair Sylvester Average Grade All District Judges All Trial Judges Judicial Performance Survey 2004 Page 4 ## Page 8 Judge William Blair Sylvester Attorney Survey Average Grades: Demeanor 3.6 Q4. Overall Demeanor 3.4 3.4 3.6 4a. Giving proceedings a 3.5 sense of dignity 3.5 3.7 4b. Treating everyone 3.4 involved politely 3.4 3.5 4c. Having empathy with the 3.2 parties involved 3.2 3.6 4d. Treating participants with 3.4 respect 3.4 3.5 4e. Presenting a neutral 3.3 presence on the bench 3.3 3.5 4f. Being consistent in his/her 3.3 behavior 3.3 4g. Conducting his/her 3.5 courtroom in a neutral 3.4 manner 3.3 3.5 4h. Giving all participants an 3.4 opportunity to be heard 3.4 3.5 4i. Consistently applying laws 3.3 and rules 3.3 3.5 4j. Not engaging in ex parte 3.6 communications 3.6 3.4 4k. Treating pro se parties 3.6 fairly 3.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 William Blair Sylvester Average Grade All District Judges All Trial Judges Judicial Performance Survey 2004 Page 5 ## Page 9 Judge William Blair Sylvester Attorney Survey Average Grades: Diligence 3.3 Q5. Overall Diligence 3.2 3.2 3.3 5a. Making tough decisions 3.3 when necessary 3.3 3.2 5b. Using good judgment in application of relevant law and 3.2 rules 3.2 3.2 5c. Doing the necessary "homework" and being 3.2 prepared for his/her cases 3.2 5d. Being willing to handle 3.3 cases on the docket even when they are 3.3 complicatedand time consuming 3.3 3.3 5e. Providing prompt access to the court in emergency 3.3 matters 3.3 1.0 1.5 2.0 2.5 3.0 3.5 4.0 William Blair Sylvester All District Judges Average Grade All Trial Judges Judicial Performance Survey 2004 Page 6 ## Page 10 Judge William Blair Sylvester Attorney Survey Q6. Average: How biased do you think Judge Sylvester is toward the defense or prosecution? William Blair 2.7 Sylvester All District 0.6 Judges All Trial Judges 0.7 5 4 3 2 1 0 1 2 3 4 5 ç Defense Prosecution è Judicial Performance Survey 2004 Page 7 ## Page 11 Judge William Blair Sylvester Attorney Survey Q7. Average: How lenient or how harsh are Judge Sylvester's sentences? William Blair 2 Sylvester All District 0.3 Judges All Trial Judges 0.4 5 4 3 2 1 0 1 2 3 4 5 ç Lenient Harsh è Judicial Performance Survey 2004 Page 8 ## Page 12 Judge William Blair Sylvester Attorney Survey Retention Recommendation 90% 80% 78% 75% 74%74% 70%70% 70% 60% 50% 40% 30% 20% 16% 15% 15%15% 14%14% 10% 7% 6%6% 6% 5%5% 4% 4%4%4% 4% 4% 4%4%4% 0% Str o n gl y n ot r et ai n m e w h at n ot r et ai n U n d e ci d e d S o m e w h at r et ai n Str o n gl y r et ai n Str o n gl y n ot r et ai n m e w h at n ot r et ai n S o m e w h at r et ai n Str o n gl y r et ai n o o S S Judge Sylvester Including Undecided Excluding Undecided All District Judges All Trial Judges Judicial Performance Survey 2004 Page 9 ## Page 13 Judge William Blair Sylvester Attorney Survey 1a. How would you grade Judge Sylvester on "Promptly making rulings during trial?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 53% 51% 51% B 24% 25% 24% C 5% 7% 6% D 2% 1% 1% Fail 1% 1% No Grade 17% 15% 17% Average 3.5 3.4 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2004 Page 1 ## Page 14 Judge William Blair Sylvester Attorney Survey 1b. How would you grade Judge Sylvester on "Beginning court on time?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 62% 55% 54% B 27% 28% 29% C 5% 9% 9% D 2% 3% 3% Fail 1% 1% No Grade 5% 5% 4% Average 3.6 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2004 Page 2 ## Page 15 Judge William Blair Sylvester Attorney Survey 1c. How would you grade Judge Sylvester on "Allotting appropriate amount of time for cases?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 45% 48% 49% B 33% 30% 30% C 8% 10% 10% D 5% 3% 3% Fail 2% 2% 1% No Grade 7% 6% 6% Average 3.2 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2004 Page 3 ## Page 16 Judge William Blair Sylvester Attorney Survey 1d. How would you grade Judge Sylvester on "Keeping cases moving according to schedule?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 47% 49% 50% B 33% 30% 30% C 15% 10% 10% D 4% 4% Fail 2% 1% No Grade 5% 6% 5% Average 3.3 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2004 Page 4 ## Page 17 Judge William Blair Sylvester Attorney Survey 1e. How would you grade Judge Sylvester on "Assisting parties to reach agreement?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 21% 27% 25% B 17% 20% 18% C 12% 11% 10% D 3% 4% 4% Fail 2% 3% 2% No Grade 45% 35% 41% Average 2.9 3 3 Letter Grade B- B B Judicial Performance Survey 2004 Page 5 ## Page 18 Judge William Blair Sylvester Attorney Survey 1f. How would you grade Judge Sylvester on "Maintaining appropriate control over proceedings?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 52% 58% 58% B 38% 27% 27% C 5% 8% 8% D 2% 2% Fail 2% 2% 1% No Grade 3% 3% 3% Average 3.4 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2004 Page 6 ## Page 19 Judge William Blair Sylvester Attorney Survey 1g. How would you grade Judge Sylvester on "Promptly ruling on pre-trial motions?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 32% 37% 39% B 27% 27% 24% C 10% 12% 10% D 5% 5% 4% Fail 2% 3% 2% No Grade 25% 16% 21% Average 3.1 3.1 3.2 Letter Grade B B B Judicial Performance Survey 2004 Page 7 ## Page 20 Judge William Blair Sylvester Attorney Survey 1h. How would you grade Judge Sylvester on "Promptly issuing a decision on the case after trial?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 47% 42% 44% B 18% 22% 21% C 3% 8% 7% D 3% 2% Fail 2% 2% No Grade 32% 23% 24% Average 3.6 3.3 3.4 Letter Grade B+ B B+ Judicial Performance Survey 2004 Page 8 ## Page 21 Judge William Blair Sylvester Attorney Survey 1i. How would you grade Judge Sylvester on "Setting reasonable schedules for cases?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 40% 45% 47% B 28% 30% 30% C 17% 11% 10% D 2% 3% 3% Fail 3% 2% 2% No Grade 10% 8% 8% Average 3.1 3.2 3.3 Letter Grade B B B Judicial Performance Survey 2004 Page 9 ## Page 22 Judge William Blair Sylvester Attorney Survey 2a. How would you grade Judge Sylvester on "Basing decisions on evidence and arguments?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 48% 48% 49% B 32% 28% 27% C 10% 10% 10% D 3% 5% 5% Fail 3% 3% No Grade 7% 5% 6% Average 3.3 3.2 3.2 Letter Grade B B B Judicial Performance Survey 2004 Page 10 ## Page 23 Judge William Blair Sylvester Attorney Survey 2b. How would you grade Judge Sylvester on "Giving reasons for rulings?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 47% 50% 51% B 32% 27% 27% C 10% 11% 10% D 3% 5% 5% Fail 3% 3% 2% No Grade 5% 5% 5% Average 3.2 3.2 3.3 Letter Grade B B B Judicial Performance Survey 2004 Page 11 ## Page 24 Judge William Blair Sylvester Attorney Survey 2c. How would you grade Judge Sylvester on "Issuing written findings of fact and law?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 25% 32% 27% B 14% 20% 17% C 10% 10% 9% D 2% 4% 3% Fail 2% 2% No Grade 49% 32% 42% Average 3.2 3.1 3.1 Letter Grade B B B Judicial Performance Survey 2004 Page 12 ## Page 25 Judge William Blair Sylvester Attorney Survey 2d. How would you grade Judge Sylvester on "Willing to reconsider error in fact or law?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 25% 26% 26% B 16% 20% 20% C 5% 10% 11% D 4% 5% 5% Fail 2% 4% 4% No Grade 49% 34% 34% Average 3.1 2.9 2.9 Letter Grade B B- B- Judicial Performance Survey 2004 Page 13 ## Page 26 Judge William Blair Sylvester Attorney Survey 2e. How would you grade Judge Sylvester on "Having knowledge of relevant substantive law?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 40% 45% 46% B 35% 32% 31% C 15% 12% 11% D 2% 4% 4% Fail 2% 2% No Grade 8% 5% 5% Average 3.2 3.2 3.2 Letter Grade B B B Judicial Performance Survey 2004 Page 14 ## Page 27 Judge William Blair Sylvester Attorney Survey 2f. How would you grade Judge Sylvester on "Having knowledge of rules of procedure and evidence?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 52% 53% 52% B 33% 29% 29% C 8% 10% 9% D 2% 3% 3% Fail 1% 1% No Grade 5% 4% 5% Average 3.4 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2004 Page 15 ## Page 28 Judge William Blair Sylvester Attorney Survey 2g. How would you grade Judge Sylvester on "Being able to identify and analyze relevant facts?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 43% 51% 51% B 34% 28% 28% C 14% 11% 10% D 2% 3% 4% Fail 2% 2% No Grade 7% 5% 5% Average 3.3 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2004 Page 16 ## Page 29 Judge William Blair Sylvester Attorney Survey 2h. How would you grade Judge Sylvester on "Issuing consistent sentences when the circumstances are similar?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 7% 18% 27% B 13% 13% 17% C 4% 5% 6% D 2% 2% 2% Fail 1% 2% No Grade 73% 62% 46% Average 2.9 3.1 3.2 Letter Grade B- B B Judicial Performance Survey 2004 Page 17 ## Page 30 Judge William Blair Sylvester Attorney Survey 2i. How would you grade Judge Sylvester on "Willing to make decision without regard to possible criticism?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 41% 47% 47% B 28% 22% 23% C 2% 8% 8% D 3% 3% 3% Fail 3% 2% 2% No Grade 22% 18% 17% Average 3.3 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2004 Page 18 ## Page 31 Judge William Blair Sylvester Attorney Survey 2j. How would you grade Judge Sylvester on "Making decisions without fear of being appealed?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 43% 48% 48% B 28% 22% 22% C 3% 7% 7% D 3% 3% 3% Fail 3% 2% 2% No Grade 19% 19% 18% Average 3.3 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2004 Page 19 ## Page 32 Judge William Blair Sylvester Attorney Survey 3a. How would you grade Judge Sylvester on "Speaking clearly?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 67% 65% 67% B 30% 24% 23% C 2% 6% 6% D 2% 1% Fail 1% 1% No Grade 2% 2% 2% Average 3.7 3.6 3.6 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 20 ## Page 33 Judge William Blair Sylvester Attorney Survey 3b. How would you grade Judge Sylvester on "Making sure all participants understand the proceedings?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 70% 62% 64% B 18% 25% 23% C 7% 8% 7% D 2% 1% 2% Fail 1% 1% No Grade 3% 4% 3% Average 3.6 3.5 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2004 Page 21 ## Page 34 Judge William Blair Sylvester Attorney Survey 3c. How would you grade Judge Sylvester on "Using understandable language?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 70% 65% 67% B 25% 25% 24% C 2% 5% 6% D 2% 1% 1% Fail 0% 0% No Grade 2% 2% 2% Average 3.7 3.6 3.6 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 22 ## Page 35 Judge William Blair Sylvester Attorney Survey 3d. How would you grade Judge Sylvester on "Providing written communications that are clear, thorough and well reasoned?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 48% 48% 47% B 21% 24% 24% C 5% 9% 9% D 5% 3% 3% Fail 2% 2% 2% No Grade 18% 14% 14% Average 3.3 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2004 Page 23 ## Page 36 Judge William Blair Sylvester Attorney Survey 4a. How would you grade Judge Sylvester on "Giving proceedings a sense of dignity?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 69% 63% 63% B 25% 22% 23% C 7% 7% D 2% 3% 3% Fail 2% 2% 2% No Grade 2% 2% 2% Average 3.6 3.5 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2004 Page 24 ## Page 37 Judge William Blair Sylvester Attorney Survey 4b. How would you grade Judge Sylvester on "Treating everyone involved politely?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 73% 63% 63% B 24% 20% 20% C 2% 7% 8% D 4% 4% Fail 4% 4% No Grade 2% 2% 2% Average 3.7 3.4 3.4 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 25 ## Page 38 Judge William Blair Sylvester Attorney Survey 4c. How would you grade Judge Sylvester on "Having empathy with the parties involved?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 61% 51% 51% B 25% 24% 24% C 8% 11% 11% D 2% 4% 5% Fail 3% 3% No Grade 3% 6% 6% Average 3.5 3.2 3.2 Letter Grade B+ B B Judicial Performance Survey 2004 Page 26 ## Page 39 Judge William Blair Sylvester Attorney Survey 4d. How would you grade Judge Sylvester on "Treating participants with respect?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 69% 61% 62% B 24% 22% 21% C 3% 8% 8% D 2% 4% 4% Fail 3% 3% No Grade 2% 2% 2% Average 3.6 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2004 Page 27 ## Page 40 Judge William Blair Sylvester Attorney Survey 4e. How would you grade Judge Sylvester on "Presenting a neutral presence on the bench?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 61% 59% 58% B 29% 23% 23% C 3% 9% 9% D 3% 4% Fail 3% 3% 3% No Grade 3% 3% 3% Average 3.5 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2004 Page 28 ## Page 41 Judge William Blair Sylvester Attorney Survey 4f. How would you grade Judge Sylvester on "Being consistent in his/her behavior?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 59% 57% 58% B 29% 23% 23% C 8% 8% 9% D 4% 3% Fail 3% 3% No Grade 3% 4% 4% Average 3.5 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2004 Page 29 ## Page 42 Judge William Blair Sylvester Attorney Survey 4g. How would you grade Judge Sylvester on "Conducting his/her courtroom in a neutral manner?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 61% 59% 59% B 27% 22% 23% C 7% 8% 9% D 3% 4% Fail 2% 3% 3% No Grade 3% 3% 3% Average 3.5 3.4 3.3 Letter Grade B+ B+ B Judicial Performance Survey 2004 Page 30 ## Page 43 Judge William Blair Sylvester Attorney Survey 4h. How would you grade Judge Sylvester on "Giving all participants an opportunity to be heard?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 58% 63% 62% B 34% 23% 23% C 7% 7% D 3% 3% 3% Fail 2% 2% No Grade 5% 2% 3% Average 3.5 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2004 Page 31 ## Page 44 Judge William Blair Sylvester Attorney Survey 4i. How would you grade Judge Sylvester on "Consistently applying laws and rules?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 62% 52% 53% B 22% 24% 24% C 7% 10% 10% D 3% 4% 4% Fail 3% 3% No Grade 5% 6% 6% Average 3.5 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2004 Page 32 ## Page 45 Judge William Blair Sylvester Attorney Survey 4j. How would you grade Judge Sylvester on "Not engaging in ex parte communications?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 51% 58% 56% B 25% 16% 17% C 4% 4% D 1% 1% Fail 3% 2% 1% No Grade 20% 20% 20% Average 3.5 3.6 3.6 Letter Grade B+ B+ B+ Judicial Performance Survey 2004 Page 33 ## Page 46 Judge William Blair Sylvester Attorney Survey 4k. How would you grade Judge Sylvester on "Treating pro se parties fairly?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 22% 40% 45% B 14% 14% 15% C 2% 3% 4% D 1% 1% Fail 2% 1% 2% No Grade 61% 42% 33% Average 3.4 3.6 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2004 Page 34 ## Page 47 Judge William Blair Sylvester Attorney Survey 5a. How would you grade Judge Sylvester on "Making tough decisions when necessary?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 41% 48% 47% B 25% 24% 25% C 5% 10% 10% D 5% 3% 3% Fail 2% 2% No Grade 24% 13% 14% Average 3.3 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2004 Page 35 ## Page 48 Judge William Blair Sylvester Attorney Survey 5b. How would you grade Judge Sylvester on "Using good judgment in application of relevant law and rules?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 49% 47% 48% B 31% 28% 28% C 8% 11% 11% D 7% 5% 5% Fail 2% 4% 3% No Grade 3% 4% 5% Average 3.2 3.2 3.2 Letter Grade B B B Judicial Performance Survey 2004 Page 36 ## Page 49 Judge William Blair Sylvester Attorney Survey 5c. How would you grade Judge Sylvester on "Doing the necessary "homework" and being prepared for his/her cases?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 41% 47% 47% B 39% 27% 27% C 5% 11% 11% D 2% 4% 4% Fail 3% 3% 3% No Grade 10% 7% 9% Average 3.2 3.2 3.2 Letter Grade B B B Judicial Performance Survey 2004 Page 37 ## Page 50 Judge William Blair Sylvester Attorney Survey 5d. How would you grade Judge Sylvester on "Being willing to handle cases on the docket even when they are complicatedand time consuming?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 44% 46% 47% B 25% 22% 22% C 8% 8% 8% D 2% 4% 3% Fail 3% 3% 2% No Grade 17% 18% 17% Average 3.3 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2004 Page 38 ## Page 51 Judge William Blair Sylvester Attorney Survey 5e. How would you grade Judge Sylvester on "Providing prompt access to the court in emergency matters?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 29% 36% 37% B 15% 17% 16% C 5% 7% 6% D 2% 2% Fail 3% 2% 2% No Grade 47% 37% 37% Average 3.3 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2004 Page 39 ## Page 52 Judge William Blair Sylvester Attorney Survey 6. How biased do you think Judge Sylvester is towards the defense or the prosecution? Judge All District All Trial Sylvester Judges 2004 Judges 2004 5 20% 3% 3% 4 20% 5% 3% 3 10% 6% 6% 2 20% 12% 12% 1 20% 13% 16% 10% 48% 49% -1 5% 4% -2 2% 2% -3 1% 1% -4 3% 1% -5 2% 1% Average 2.7 0.6 0.7 noitucesorP drawoT esnefeD drawoT Ý 0 Neutral ß Judicial Performance Survey 2004 Page 40 ## Page 53 Judge William Blair Sylvester Attorney Survey 7. How lenient or harsh do you think the sentences handed down by Judge Sylvester are? Judge All District All Trial Sylvester Judges 2004 Judges 2004 5 11% 2% 2% 4 11% 2% 2% 3 11% 5% 5% 2 22% 9% 9% 1 22% 12% 12% 22% 55% 58% -1 6% 5% -2 4% 2% -3 2% 2% -4 3% 1% -5 1% 1% Average 2 0.3 0.4 hsraH thgiL Ý 0 Appropriate ß Judicial Performance Survey 2004 Page 41 ## Page 54 Judge William Blair Sylvester Attorney Survey 12. Do you recommend that Judge Sylvester be retained in office or not be retained in office? Judge All District All Trial Sylvester Judges 2004 Judges 2004 Strongly Recommend 78% 74% 74% Retain in office Somewhat Recommend 15% 15% 16% Retain in office Somewhat Recommend Not 4% 4% 4% Retain in office Strongly Recommend Not Retain in office 4% 7% 6% Judicial Performance Survey 2004 Page 42 ## Page 55 Judge William Blair Sylvester Non Attorney Survey Average Grades: Overall and by Section 3.7 Overall Average 3.4 3.3 3.7 Q1. Overall Demeanor 3.4 3.3 3.7 Q2. Overall Fairness 3.3 3.3 3.7 Q3. Overall 3.5 Communications 3.5 3.7 Q4. Overall Diligence 3.4 3.3 3.6 Q5. Overall Application 3.3 of Law 3.2 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade William Blair Sylvester All District Judges All Trial Judges Judicial Performance Survey 2004 Page 1 ## Page 56 Judge William Blair Sylvester Non Attorney Survey Average Grades: Demeanor 3.7 Q1. Overall Demeanor 3.4 3.3 3.7 1a. Giving proceedings a 3.4 sense of dignity 3.4 3.8 1b. Treating participants 3.4 politely and with respect 3.4 3.8 1c. Conducting his/her courtroom in a neutral 3.3 manner 3.3 3.5 1d. Having a sense of compassion and human 3.3 understanding 3.2 1.0 1.5 2.0 2.5 3.0 3.5 4.0 William Blair Sylvester Average Grade All District Judges All Trial Judges Judicial Performance Survey 2004 Page 2 ## Page 57 Judge William Blair Sylvester Non Attorney Survey Average Grades: Fairness 3.7 Q2. Overall Fairness 3.3 3.3 3.7 2a. Giving participants an 3.4 opportunity to be heard 3.4 3.8 2b. Treating those involved 3.3 with the case without bias 3.2 3.7 2c. Treating fairly people who 3.3 represent themselves 3.3 3.7 2d. Giving each side enough time to present his or her 3.4 case 3.4 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade William Blair Sylvester All District Judges All Trial Judges Judicial Performance Survey 2004 Page 3 ## Page 58 Judge William Blair Sylvester Non Attorney Survey Average Grades: Communications 3.7 Q3. Overall Communications 3.5 3.5 3.7 3a. Making sure all participants understand the 3.4 proceedings 3.4 3.7 3b. Using language that 3.5 everyone can understand 3.5 3.8 3c. Speaking clearly so 3.5 everyone can hear 3.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 William Blair Sylvester Average Grade All District Judges All Trial Judges Judicial Performance Survey 2004 Page 4 ## Page 59 Judge William Blair Sylvester Non Attorney Survey Average Grades: Diligence 3.7 Q4. Overall Diligence 3.3 3.3 3.7 4a. Beginning court on time 3.3 3.2 3.8 4b. Maintaining appropriate 3.5 control over proceedings 3.5 3.8 4c. Setting reasonable 3.3 schedules for cases 3.3 3.8 4d. Being prepared for his or 3.4 her cases 3.4 3.6 4e. Managing court proceedings so that there is 3.3 little wasted time 3.3 1.0 1.5 2.0 2.5 3.0 3.5 4.0 William Blair Sylvester All District Judges Average Grade All Trial Judges Judicial Performance Survey 2004 Page 5 ## Page 60 Judge William Blair Sylvester Non Attorney Survey Average Grades: Application and Knowledge of Law 3.6 Q5. Overall App of Law 3.3 3.2 3.6 5a. Giving reasons for rulings 3.3 3.2 3.6 5b. Willing to make decision without regard to possible 3.3 outside pressure 3.2 3.7 5c. Being able to identify and 3.3 analyze relevant facts 3.2 1.0 1.5 2.0 2.5 3.0 3.5 4.0 William Blair Sylvester Average Grade All District Judges All Trial Judges Judicial Performance Survey 2004 Page 6 ## Page 61 Judge William Blair Sylvester Non Attorney Survey Q6. Average: How biased do you think Judge Sylvester is toward the defense or prosecution? William Blair 0.4 Sylvester All District 0.1 Judges All Trial Judges 0.1 5 4 3 2 1 0 1 2 3 4 5 ç Defense Prosecution è Judicial Performance Survey 2004 Page 7 ## Page 62 Judge William Blair Sylvester Non Attorney Survey Q7. Average: How lenient or how harsh are Judge Sylvester's sentences? William Blair 0.4 Sylvester All District -0.1 Judges All Trial Judges -0.1 5 4 3 2 1 0 1 2 3 4 5 ç Lenient Harsh è Judicial Performance Survey 2004 Page 8 ## Page 63 Judge William Blair Sylvester Non Attorney Survey Retention Recommendation 100% 90% 90% 85% 80% 75% 74% 70% 68% 67% 60% 50% 40% 30% 20% 11% 11%11% 10% 10%10% 10% 9% 9%9% 10% 6% 6% 6% 5% 4% 4% 3% 2% 2% 2% 2% 0% Str o n gl y n ot r et ai n m e w h at n ot r et ai n U n d e ci d e d S o m e w h at r et ai n Str o n gl y r et ai n Str o n gl y n ot r et ai n m e w h at n ot r et ai n S o m e w h at r et ai n Str o n gl y r et ai n o o S S Judge Sylvester Including Undecided Excluding Undecided All District Judges All Trial Judges Judicial Performance Survey 2004 Page 9 ## Page 64 Judge William Blair Sylvester Non Attorney Survey 1a. How would you grade Judge Sylvester on "Giving proceedings a sense of dignity?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 70% 62% 60% B 23% 23% 23% C 7% 8% D 1% 3% 3% Fail 2% 3% No Grade 6% 3% 3% Average 3.7 3.4 3.4 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 1 ## Page 65 Judge William Blair Sylvester Non Attorney Survey 1b. How would you grade Judge Sylvester on "Treating participants politely and with respect?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 78% 65% 63% B 13% 19% 19% C 1% 7% 8% D 1% 3% 4% Fail 4% 4% No Grade 6% 2% 2% Average 3.8 3.4 3.4 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 2 ## Page 66 Judge William Blair Sylvester Non Attorney Survey 1c. How would you grade Judge Sylvester on "Conducting his/her courtroom in a neutral manner?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 75% 63% 61% B 15% 18% 18% C 1% 8% 8% D 1% 3% 4% Fail 5% 5% No Grade 7% 3% 3% Average 3.8 3.3 3.3 Letter Grade A- B B Judicial Performance Survey 2004 Page 3 ## Page 67 Judge William Blair Sylvester Non Attorney Survey 1d. How would you grade Judge Sylvester on "Having a sense of compassion and human understanding for those who appear before the judge?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 56% 59% 56% B 21% 19% 20% C 6% 8% 9% D 4% 4% Fail 1% 6% 6% No Grade 16% 4% 4% Average 3.5 3.3 3.2 Letter Grade B+ B B Judicial Performance Survey 2004 Page 4 ## Page 68 Judge William Blair Sylvester Non Attorney Survey 2a. How would you grade Judge Sylvester on "Giving participants an opportunity to be heard?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 77% 64% 62% B 10% 19% 20% C 3% 7% 7% D 3% 3% 4% Fail 1% 4% 4% No Grade 6% 3% 3% Average 3.7 3.4 3.4 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 5 ## Page 69 Judge William Blair Sylvester Non Attorney Survey 2b. How would you grade Judge Sylvester on "Treating those involved in the case without bias?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 79% 61% 60% B 7% 18% 18% C 4% 6% 7% D 4% 4% Fail 1% 6% 7% No Grade 7% 4% 4% Average 3.8 3.3 3.2 Letter Grade A- B B Judicial Performance Survey 2004 Page 6 ## Page 70 Judge William Blair Sylvester Non Attorney Survey 2c. How would you grade Judge Sylvester on "Treating fairly people who represent themselves?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 45% 43% 45% B 4% 13% 14% C 3% 4% 5% D 1% 2% 3% Fail 4% 5% No Grade 46% 34% 29% Average 3.7 3.3 3.3 Letter Grade A- B B Judicial Performance Survey 2004 Page 7 ## Page 71 Judge William Blair Sylvester Non Attorney Survey 2d. How would you grade Judge Sylvester on "Giving each side enough time to present his or her case?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 71% 61% 59% B 16% 19% 19% C 1% 6% 7% D 1% 3% 3% Fail 5% 4% No Grade 10% 7% 7% Average 3.7 3.4 3.4 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 8 ## Page 72 Judge William Blair Sylvester Non Attorney Survey 3a. How would you grade Judge Sylvester on "Making sure all participants understand the proceedings, and what's going on in the Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 68% 64% 64% B 22% 19% 19% C 1% 8% 8% D 3% 3% Fail 3% 3% No Grade 9% 3% 3% Average 3.7 3.4 3.4 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 9 ## Page 73 Judge William Blair Sylvester Non Attorney Survey 3b. How would you grade Judge Sylvester on "Using language that everyone can understand?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 62% 65% 64% B 26% 21% 21% C 3% 7% 8% D 3% 3% Fail 2% 2% No Grade 9% 3% 3% Average 3.7 3.5 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 10 ## Page 74 Judge William Blair Sylvester Non Attorney Survey 3c. How would you grade Judge Sylvester on "Speaking clearly so everyone in the courtroom can hear what's being said?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 78% 66% 66% B 10% 19% 20% C 1% 8% 7% D 1% 2% 2% Fail 2% 2% No Grade 9% 3% 3% Average 3.8 3.5 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 11 ## Page 75 Judge William Blair Sylvester Non Attorney Survey 4a. How would you grade Judge Sylvester on "Beginning court on time?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 67% 54% 52% B 22% 24% 25% C 1% 10% 10% D 1% 4% 4% Fail 4% 4% No Grade 9% 5% 5% Average 3.7 3.3 3.2 Letter Grade A- B B Judicial Performance Survey 2004 Page 12 ## Page 76 Judge William Blair Sylvester Non Attorney Survey 4b. How would you grade Judge Sylvester on "Maintaining appropriate control over proceedings?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 77% 65% 64% B 13% 20% 21% C 3% 6% 7% D 2% 3% Fail 2% 2% No Grade 7% 4% 3% Average 3.8 3.5 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 13 ## Page 77 Judge William Blair Sylvester Non Attorney Survey 4c. How would you grade Judge Sylvester on "Setting reasonable schedules for cases?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 68% 53% 51% B 10% 20% 21% C 1% 8% 8% D 1% 3% 3% Fail 4% 3% No Grade 19% 13% 14% Average 3.8 3.3 3.3 Letter Grade A- B B Judicial Performance Survey 2004 Page 14 ## Page 78 Judge William Blair Sylvester Non Attorney Survey 4d. How would you grade Judge Sylvester on "Being prepared for his or her cases?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 74% 60% 58% B 9% 17% 19% C 6% 7% D 3% 3% Fail 1% 5% 4% No Grade 16% 8% 9% Average 3.8 3.4 3.4 Letter Grade A- B+ B+ Judicial Performance Survey 2004 Page 15 ## Page 79 Judge William Blair Sylvester Non Attorney Survey 4e. How would you grade Judge Sylvester on "Managing court proceedings so that there is little wasted time?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 64% 56% 54% B 25% 22% 24% C 3% 9% 10% D 1% 4% 4% Fail 4% 4% No Grade 7% 5% 5% Average 3.6 3.3 3.3 Letter Grade B+ B B Judicial Performance Survey 2004 Page 16 ## Page 80 Judge William Blair Sylvester Non Attorney Survey 5a. How would you grade Judge Sylvester on "Giving reasons for rulings?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 60% 55% 54% B 16% 20% 20% C 3% 8% 8% D 3% 3% 4% Fail 1% 5% 5% No Grade 16% 9% 9% Average 3.6 3.3 3.2 Letter Grade B+ B B Judicial Performance Survey 2004 Page 17 ## Page 81 Judge William Blair Sylvester Non Attorney Survey 5b. How would you grade Judge Sylvester on "Willing to make decision without regard to possible outside pressure?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 58% 53% 50% B 10% 15% 16% C 3% 6% 7% D 3% 3% 3% Fail 1% 6% 6% No Grade 25% 18% 18% Average 3.6 3.3 3.2 Letter Grade B+ B B Judicial Performance Survey 2004 Page 18 ## Page 82 Judge William Blair Sylvester Non Attorney Survey 5c. How would you grade Judge Sylvester on "Being able to identify and analyze relevant facts?" Judge All District All Trial Sylvester Judges 2004 Judges 2004 A 72% 58% 55% B 10% 17% 18% C 7% 7% D 3% 3% 4% Fail 1% 7% 6% No Grade 13% 8% 9% Average 3.7 3.3 3.2 Letter Grade A- B B Judicial Performance Survey 2004 Page 19 ## Page 83 Judge William Blair Sylvester Non Attorney Survey 6. How biased do you think Judge Sylvester is towards the defense or the prosecution? Judge All District All Trial Sylvester Judges 2004 Judges 2004 5 2% 3% 4 13% 2% 2% 3 2% 2% 2 3% 3% 1 6% 6% 81% 73% 70% -1 6% 4% 4% -2 2% 3% -3 2% 2% -4 2% 2% -5 2% 2% Average 0.4 0.1 0.1 noitucesorP drawoT esnefeD drawoT Ý 0 Neutral ß Judicial Performance Survey 2004 Page 20 ## Page 84 Judge William Blair Sylvester Non Attorney Survey 7. How lenient or harsh do you think the sentences handed down by Judge Sylvester are? Judge All District All Trial Sylvester Judges 2004 Judges 2004 5 3% 4% 4 1% 2% 3 14% 3% 3% 2 2% 3% 1 3% 4% 86% 65% 62% -1 8% 7% -2 6% 6% -3 4% 5% -4 2% 2% -5 2% 2% Average 0.4 -0.1 -0.1 hsraH thgiL Ý 0 Appropriate ß Judicial Performance Survey 2004 Page 21 ## Page 85 Judge William Blair Sylvester Non Attorney Survey 12. Do you recommend that Judge Sylvester be retained in office or not be retained in office? Judge All District All Trial Sylvester Judges 2004 Judges 2004 Strongly Recommend 90% 75% 74% Retain in office Somewhat Recommend 6% 11% 11% Retain in office Somewhat Recommend Not 2% 4% 5% Retain in office Strongly Recommend Not Retain in office 2% 10% 11% Judicial Performance Survey 2004 Page 22 ## Page 86 MMeetthhooddoollooggyy Sample: The Colorado Judicial Department provided Talmey-Drake Research & Strategy, Inc. with all the names and addresses of people from its ICON data base who in the previous 12 months had likely been in each judge’s courtroom who was up for retention in November 2004. These names and addresses where then supplemented from the Colorado District Attorney’s database (Blackstone system) and the databases of jurors, court employees and sheriff’s security. The data was then combined and cleaned. Where there were more than 400 potential respondents, a random sample was drawn. Included in the data cleaning was the identification of potential respondents in the sample who had appeared in more than two judges’ courtrooms. Due to concerns about respondent fatigue, no more than two questionnaires were intended to be sent to any one respondent—though there were a few instances where one respondent did receive more than two questionnaires. Where a person had been in more than two judges’ courtrooms, the selection criteria for which judges he or she would be sent questionnaires was generally: first, for the judge in whose courtroom the potential respondent had been in most often, and two, the judge with the smallest sample of the judges in whose courtroom the potential respondent had been in. Survey: Starting in November 2004, each person in the sample database was mailed an initial questionnaire and an introductory letter with a postage-paid return envelope. Those who did not respond to the first questionnaire were then sent a sent a second questionnaire and letter, and in some cases reminder postcards. During this process, the sample was augmented for judges with a particularly low number of completed questionnaires. Questionnaire: The questionnaire used in the 2004 Judicial Performance Survey asked respondents to use a grade of A, B, C, D, or F (Fail) to assess the judge’s performance in five different areas. For attorney these areas were Case Management, Application and Knowledge of Law, Communications, Demeanor and Diligence, and for non-attorney respondents the five were Demeanor, Fairness, Communications, Diligence and Application of Law. These scores were then converted to a numerical value where A = 4, B = 3, C = 2, D = 1 and Fail = 0. Copies of the questionnaires are included at the end of this report. Response: The response rate is calculated as the number of completed questionnaires divided by the number of eligible respondents who actually received a questionnaire. The following table shows the total number of questionnaires mailed, completed, non-responses & refusals, undeliverables and other responses. The table presents the overall response rate as well as the response rate by the different types of respondents. 1 ## Page 87 Refused/ Nonre- Unde- Response Attorney Respondents Total Sent Completed sponse livered Other Rate District Attorney 719 394 7 69 9 60.6% Attorney For Defendant 2,219 1,040 17 218 24 52.0% Guardian ad Litem 131 79 0 10 1 65.3% Unknown Attorney Type 5,378 2,170 56 751 88 46.9% Attorney Total 8,447 3,683 80 1,048 122 49.8% Refused/ Nonre- Unde- Response Non-Attny Respondents Total Sent Completed sponse livered Other Rate Law Enforcement 3,111 916 55 672 3 37.6% Employee 1,739 976 18 224 0 64.4% Defendant 12,171 1,620 148 2,439 27 16.6% Plaintiff 3,617 881 66 500 11 28.3% Juror 4,488 1,632 117 511 15 41.0% Victim 552 83 11 101 2 18.4% Other 1,650 222 25 373 8 17.4% Non-attorney Total 27,328 6,330 440 4,820 66 28.1% Total 35,775 10,013 520 5,868 188 33.5% A similar table showing the response count and cooperation rate for your survey is provided at the end of this methodology section. Results: The results of the Survey are in two main sections: Attorney Respondents and Non-attorney Respondents. Within each main section are three subsections: graphs displaying average grades for each section and question, the percentage distribution of grades, and respondent comments. Graphs: The graphs visually display the overall average numerical grades received for all grade questions, each section and each question compared to averages for all district or county judges, and all trial judges for which 2004 surveys were conducted. Questions relating to bias toward the defense or prosecution, sentencing and retention recommendation are also graphed. 2 ## Page 88 Percentage Distribution of Grades: This section shows the percentage of each grade received on each question plus the bias, sentencing and retention questions. An average grade point for each graded question is computed and shown in the results section. A letter grade is also assigned to each grade point according to the following scale. A = 4.00 B = 3.00 to 3.33 C = 2.00 to 2.33 D = 1.00 to 1.33 A— = 3.68 to 3.99 B— = 2.67 to 2.99 C— = 1.67 to 1.99 D— = 0.67 to 0.99 B+ = 3.34 to 3.66 C+ = 2.34 to 2.66 D+ = 1.34 to 1.66 Fail = 0.00 to 0.67 This section also includes two comparative columns of results: one comparative column shows the results for that question for all county or district judges (as appropriate) surveyed in 2004, along with a second comparative column showing the results for all trial judges in the 2004 survey. Comments: Each respondent was encouraged to comment on the judge’s performance. This section contains those comments. Sampling All sample surveys are subject to what is known as sampling error—the Error: extent to which the results of the sample survey may differ from what would be obtained if the entire population being surveyed had been interviewed. The size of the sampling error is almost entirely due to the number of people interviewed for the survey and the variance of responses. The table below shows the extent of sampling error (95%-confidence interval) for various sizes of random samples and sample percentage results. Sample Size 25 50 100 150 200 300 Percentages near 10% or 90% ± 11.8% ± 8.3% ± 5.9% ± 4.8% ± 4.2% ± 3.4% Percentages near 20% or 80% ± 15.7% ± 11.1% ± 7.8% ± 6.4% ± 5.5% ± 4.5% Percentages near 30% or 70% ± 18.0% ± 12.7% ± 9.0% ± 7.3% ± 6.4% ± 5.2% Percentages near 40% or 60% ± 19.2% ± 13.6% ± 9.6% ± 7.8% ± 6.8% ± 5.5% Percentages near 50% ± 19.6% ± 13.9% ± 9.8% ± 8.0% ± 6.9% ± 5.7% For example, suppose a reported percentage is 80% in a sample size of 150, then one could expect that 95% of the time that a random sample of the same size and collected the same way would include the true population percentage within the range of 80% plus or minus 6.4%. Averages such as grade points also have a 95% confidence interval, however it is not so easily displayed in a table as confidence intervals about a percentage. Suffice it to say that the confidence interval about a score generally increases with smaller sample size. 3 ## Page 89 Judge William Blair Sylvester Responses by Type Total Other Non- Coop Role Type Sent Completes Refusals Undeliverable Responses Rate District Attorney 4 2 0 0 0 50.0% Attorney For Defendant 27 11 0 2 0 44.0% Guardian ad Litem 2 2 0 0 0 100.0% Unknown Attorney Type 158 47 1 25 0 35.3% Sub Total: 191 62 1 27 0 37.8% Defendant 120 13 2 13 0 12.1% Plaintiff 57 15 0 6 0 29.4% Law Enforcement 25 2 0 8 0 11.8% Employee 15 7 0 4 0 63.6% Juror 77 30 0 9 0 44.1% Victim Other 11 1 0 2 0 11.1% Sub Total: 305 68 2 42 0 25.9% Grand Total: 496 130 3 69 0 30.4% Judicial Performance Survey 2004 Page 1 ## Page 90 Commission on Judicial Performance 2003 Judicial Performance Attorney Questionnaire Evaluation of JUDGE _ Using a grade scale, where an “A” is excellent along with B, C, D or F for fail, please grade the judge on the following. (If you feel that you do not have experience with the judge in a specific area, or just don’t know, please circle the number corresponding to “Don’t Know/Not Applicable”—DK/NA). DK/ 1. Case Management: A B C D F NA a. Promptly making rulings during trial. 4 3 2 1 0 9 b. Beginning court on time. 4 3 2 1 0 9 c. Allotting appropriate amount of time for cases. 4 3 2 1 0 9 d. Keeping cases moving according to schedule. 4 3 2 1 0 9 e. [Civil only]1 Assisting parties to reach agreement. 4 3 2 1 0 9 f. Maintaining appropriate control over proceedings. 4 3 2 1 0 9 g. Promptly ruling on pre-trial motions. 4 3 2 1 0 9 h. Promptly issuing a decision on the case after trial. 4 3 2 1 0 9 i. Setting reasonable schedules for cases. 4 3 2 1 0 9 2. Application and Knowledge of Law: a. Basing decisions on evidence and arguments. 4 3 2 1 0 9 b. Giving reasons for rulings. 4 3 2 1 0 9 c. [Civil only]1 Issuing written findings of fact and law. 4 3 2 1 0 9 d. Willing to reconsider error in fact or law. 4 3 2 1 0 9 e. Having knowledge of relevant substantive law. 4 3 2 1 0 9 f. Having knowledge of rules of procedure and evidence. 4 3 2 1 0 9 g. Being able to identify and analyze relevant facts. 4 3 2 1 0 9 h. [Criminal only]2 Issuing consistent sentences when the circumstances are similar. 4 3 2 1 0 9 i. Willing to make decision without regard to possible criticism. 4 3 2 1 0 9 j. Making decisions without fear of being appealed . 4 3 2 1 0 9 3. Communications: a. Speaking clearly. 4 3 2 1 0 9 b. Makings sure all participants understand the proceedings. 4 3 2 1 0 9 c. Using understandable language. 4 3 2 1 0 9 d. [District only] Providing written communications that are clear, thorough and well reasoned. 4 3 2 1 0 9 4. Demeanor: a. Giving proceedings a sense of dignity. 4 3 2 1 0 9 b. Treating everyone involved politely. 4 3 2 1 0 9 c. Having empathy with the parties involved. 4 3 2 1 0 9 d. Treating participants with respect. 4 3 2 1 0 9 e. Presenting a neutral presence on the bench. 4 3 2 1 0 9 f. Being consistent in his/her behavior. 4 3 2 1 0 9 g. Conducting his/her courtroom in a neutral manner. 4 3 2 1 0 9 h. Giving all participants an opportunity to be heard. 4 3 2 1 0 9 i. Consistently applying laws and rules. 4 3 2 1 0 9 j. Not engaging in ex parte communications. 4 3 2 1 0 9 k. Treating pro se parties fairly. 4 3 2 1 0 9 5. Diligence: a. Making tough decisions when necessary. 4 3 2 1 0 9 b. Using good judgment in application of relevant law and rules. 4 3 2 1 0 9 c. Doing the necessary “homework” and being prepared for his/her cases. 4 3 2 1 0 9 d. Being willing to handle cases on the docket even when they are complicated and time consuming. 4 3 2 1 0 9 e. Providing prompt access to the court in emergency matters. 4 3 2 1 0 9 [Continued on Back] 1 Please answer questions 1e & 2c only if you have observed the judge in a civil case. 2 Please answer question 2h only if you have observed the judge in a criminal case. ## Page 91 6. [Criminal cases only] 1 On the scale below, please indicate by circling the appropriate number how biased you think Judge _ is toward the defense or the prosecution. If you feel Judge _ is completely unbiased, circle “0.” Bias toward Completely Bias toward Defense Neutral Prosecution 5 4 3 2 1 0 1 2 3 4 5 7. [Criminal cases only]1 On the scale below, please indicate by circling the appropriate number how lenient or how harsh you think the sentences generally handed down by Judge _ are. If you feel Judge _ generally hands down appropriate sentences, circle “0.” Sentences Appropriate Sentences Too Light Sentences Too Harsh 5 4 3 2 1 0 1 2 3 4 5 8. If an associate were assigned to Judge _ in a case and asked you for advice, what would you say? _ _ _ _ 9. What would you say are Judge _’s strengths? _ _ _ _ 10. And what would you say are Judge _’s weaknesses? _ _ _ _ 11. Is there anything else that you would like to say about Judge _ ? _ _ _ 12. Keeping in mind your responses to each of the previous questions, how strongly do you recommend that Judge _ be retained in office, or not retained in office? Strongly recommend he be retained in office. 5 Somewhat recommend he be retained in office. 4 Undecided or don’t know enough to make recommendation. 3 Somewhat recommend he not be retained in office. 2 Strongly recommend he not be retained in office. 1 And why do you think that way about retaining or not retaining Judge _ ? _ _ _ _ Thank you for your time in completing this questionnaire. Please place it in the self-addressed, postage paid enveloped provided, and place it in the mail. Your participation in this survey is very much appreciated. 1 Please answer questions 6 & 7 only if you have observed the judge in a criminal case. ## Page 92 Commission on Judicial Performance 2003 Judicial Performance Questionnaire Evaluation of JUDGE _ Using a grade scale, where an “A” is excellent along with B, C, D or F for fail, please grade the judge on the following. (If you feel that you do not have experience with the judge in a specific area, or just don’t know, please circle the number corresponding to “Don’t Know/Not Applicable”—DK/NA). DK/ 1. Demeanor: A B C D F NA a. Giving court proceedings a sense of dignity. 4 3 2 1 0 9 b. Treating participants in the case politely and with respect. 4 3 2 1 0 9 c. Conducting his/her courtroom in a neutral manner. 4 3 2 1 0 9 d. Having a sense of compassion and human understanding for those who appear before him/her. 4 3 2 1 0 9 2. Fairness: a. Giving participants an opportunity to be heard. 4 3 2 1 0 9 b. Treating those involved in the case without bias. 4 3 2 1 0 9 c. Treating fairly people who represent themselves. 4 3 2 1 0 9 d. Giving each side enough time to present his or her case. 4 3 2 1 0 9 3. Communications: a. Makings sure participants understand the proceedings, and what’s going on in the courtroom. 4 3 2 1 0 9 b. Using language that everyone can understand. 4 3 2 1 0 9 c. Speaking clearly so everyone in the courtroom can hear what’s being said. 4 3 2 1 0 9 4. Diligence: a. Beginning court on time. 4 3 2 1 0 9 b. Maintaining appropriate control over proceedings. 4 3 2 1 0 9 c. Setting reasonable schedules for cases. 4 3 2 1 0 9 d. Being prepared for his/her cases. 4 3 2 1 0 9 e. Managing court proceedings so that there is little wasted time. 4 3 2 1 0 9 5. Application of Law: a. Giving reasons for rulings. 4 3 2 1 0 9 b. Willing to make decision without regard to possible outside pressure. 4 3 2 1 0 9 c. Being able to identify and analyze relevant facts. 4 3 2 1 0 9 6. [If you were in Judge _’s courtroom during a criminal case or cases please answer this question, otherwise skip to the next question.] On the scale below, please indicate by circling the appropriate number how biased you think Judge _ is toward the defense or the prosecution. If you feel Judge _ is completely unbiased, circle “0.” Bias toward Completely Bias toward Defense Neutral Prosecution 5 4 3 2 1 0 1 2 3 4 5 Continued on Other Side ## Page 93 7. [If you were in Judge _ ’s courtroom during a criminal case or cases please answer this question, otherwise skip to the next question.] On the scale below, please indicate by circling the appropriate number how lenient or how harsh you think the sentences generally handed down by Judge _ are. If you feel Judge _ generally hands down appropriate sentences, circle “0.” Sentences Appropriate Sentences Too Light Sentences Too Harsh 5 4 3 2 1 0 1 2 3 4 5 8. If a friend of yours was scheduled to appear before Judge _ as a party in either a civil or criminal case and asked you for advice, what would you tell your friend about Judge _ ? _ _ _ _ 9. What would you say are Judge _’s strengths? _ _ _ _ 10. And what would you say are Judge _’s weaknesses? _ _ _ _ 11. Is there anything else that you would like to say about Judge _? _ _ _ _ 12. Keeping in mind your responses to each of the previous questions, how strongly do you recommend that Judge _ be retained in office, or not retained in office? Strongly recommend he be retained in office. 5 Somewhat recommend he be retained in office. 4 Undecided or don’t know enough to make recommendation. 3 Somewhat recommend he not be retained in office. 2 Strongly recommend he not be retained in office. 1 And why do you think that way about retaining or not retaining Judge _? _ _ _ _ Thank you for your time in completing this questionnaire. Please place it in the self-addressed, postage paid enveloped provided, and place it in the mail. Your participation in this survey is very much appreciated.

Score cards render where the PDF extractor found numeric fields (partial is shown with “—” for missing tiles). “Read full survey text” surfaces the complete report transcription for every survey on file. Source PDFs on OJPE are always linked above for fidelity. Coverage note on Sources.

Sources

• 2010 evaluation on OJPE · scraped Apr 17, 2026
• 2004 evaluation on OJPE · scraped Apr 17, 2026