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Diana L. Terry

Court of Appeals

Meets Standards(Retain)2 cycles on record

Evaluation history

  • 2016 retention cycle
    Court of Appeals
    Meets Standards(Retain)
    Retention Year: 2016 Recommendation: Meets Performance Standard Reports: 2016 Retention Survey Report (PDF) 2013 Interim Survey Report (PDF) 2011 Interim Survey Report (PDF) Need an accessible PDF Document Version? Please click on the link below and email our staff Contact Us The State Commission on Judicial Performance recommends by a vote of 8 to 0, with two recusals, that Judge Diana Terry BE RETAINED. Judge Terry became a judge on the Colorado Court of Appeals on July 5, 2006.  Prior to her appointment, Judge Terry was in private practice where she focused on complex commercial litigation, including intellectual property, computer technology, real estate litigation, and insurance coverage litigation.  Judge Terry earned her B.A. degree from Rutgers College in 1979 and her law degree from Rutgers University School of Law in 1984.  Judge Terry is a member of a number of professional organizations and is a Fellow of the American Bar Association, the Colorado Bar Association, and the Advanced Science and Technology Adjudication Resource Center.  She is a frequent continuing legal education presenter and serves as faculty for the National Institute for Trial Advocacy.  Judge Terry received the annual Judicial Award from the Colorado Women’s Bar Association in 2013.  She has been appointed by Chief Judge Loeb to train and mentor new Court of Appeals judges and serves as Chair of the Probate Rules Committee. The Commission conducted a personal interview with Judge Terry, read opinions that she authored and her self-evaluation, observed her in court, and reviewed survey responses from attorneys and judges regarding her performance.  Survey participants were asked “How strongly do you recommend that Judge Terry be retained in office?”  Of attorneys completing the survey and responding to this question, 71% recommended to retain, 22% not to retain, and 6% made no recommendation regarding retention.  Of judges completing the survey responding to this question, 100% recommended to retain. Judge Terry’s overall attorney survey score was lower than the average of the Court of Appeals judges up for retention this year.  In the attorney survey, Judge Terry scored higher in treating parties equally regardless of race, sex, or economic status, but scored lower in being fair and impartial toward each side of the case and being courteous toward attorneys.  A number of attorneys commented negatively on her demeanor during oral arguments, but the Commission found Judge Terry to be courteous, professional, and business-like at oral argument.  Judge Terry also received relatively lower marks from attorneys regarding her writing skills.  Writing opinions that adequately explain the basis of the Court’s decision and refraining from reaching issues that need not be decided were rated less positively than the Court of Appeals’ average.  However, when Commission members read a selection of Judge Terry’s opinions, they found them to be clear and thorough.  Additionally, survey responses of district and other appellate judges tended to rate Judge Terry about the same as the Court of Appeals’ average.  Strengths include writing opinions that are clear, adequately explaining the basis of the Court’s decisions, and reaching reasoned decisions based upon the law and facts.  The Commission recognizes that Judge Terry is making important contributions to the Court of Appeals.
  • 2008 retention cycle
    Court of Appeals
    Meets Standards(Retain)
    VotersRetained· 71.2% yes
    1,228,724 yes · 496,657 no50% needed to retain
    Reports: 2008 Retention Survey Report Need an accessible PDF Document version? Please click on the link below and email our staff Contact Us The State Commission on Judicial Performance recommends that Judge Diana L. Terry BE RETAINED. Judge Terry was appointed to the Colorado Court of Appeals in 2006. She received both her undergraduate and law degrees from Rutgers University, where she was managing editor of the Rutgers Law Review. She has been a longtime faculty member of the National Institute for Trial Advocacy, as well as a past president of the Law Club of Denver and a member of the Leadership Denver Class of 2005. She is currently the president of the Thompson G. Marsh American Inn of Court. Before her appointment to the Court, Judge Terry was in private practice with White & Steele, P.C., with her own firm, and before that with three other firms. Previously, she was a law clerk to the Presiding Judge, Chancery Division of New Jersey Superior Court. Her practice focused on complex commercial litigation. Judge Terry is intelligent, resourceful, and conscientious. Attorneys who responded to survey questions rated Judge Terry as comparable in some respects to other appellate judges, and below average with respect to (1) being fair and impartial, (2) writing opinions that adequately explain the basis of the court’s decisions, (3) making decisions without regard to possible criticism, and (4) being prepared for oral argument. These ratings are consistent with attorney comments. Judges rated her as comparable in all respects to other appellate judges, and commented that she is a diligent and capable jurist. The Commission also reviewed various opinions that Judge Terry wrote. Generally, her ultimate legal conclusions were logically and appropriately supported by the facts in the record, and reflected the polished work-product expected from the Court of Appeals. In light of the Commission’s review of Judge Terry’s opinions, and discussions with her, the Commission is satisfied that she will address the concerns raised by the survey responses. Overall, 79% of the attorneys surveyed and 100% of the judges surveyed supported Judge Terry’s retention, with 61% of attorneys and 85% of judges strongly recommending that she be retained in office.

Surveys & reports

  • 2016 cycle
    • 2015 Interim Survey Report(PDF on OJPE)
      Structured scores pending

      Full numeric extraction isn’t complete for this cycle’s layout yet. Open the source PDF above for the underlying data.

    • 2016 Retention Survey Report(PDF on OJPE)
      Structured scores pending

      Full numeric extraction isn’t complete for this cycle’s layout yet. Open the source PDF above for the underlying data.

  • 2008 cycle
    • 2008 Retention Survey Report(PDF on OJPE)
      Read full retention survey textexpand
      ## Page 1 State of Colorado Logo COMMISSION ON JUDICIAL PERFORMANCE TThhee HHoonnoorraabbllee DDiiaannaa LL.. TTeerrrryy 2008 Judicial Performance Survey ## Page 2 April 30, 2008 The Honorable Diana L. Terry Colorado Court of Appeals Colorado State Judicial Bldg. 2 East 14th Avenue Denver, CO. 80203 Dear Judge Terry : Every two years the Colorado Judicial Performance Commission conducts a survey of attorneys who have had cases with opinions authored or co-authored by those appellate judges and justices standing for retention in the next general election, and a second survey among all the State’s district judges, Court of Appeals judges and Supreme Court justices. This report contains the results of these two surveys, and is divided into four main sections: • Attorney Results & Comments: This section contains graphs displaying the overall average grade you received on questions 2a through 2l, and on 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. • Survey of Judges Results & Comments: Similar to the Attorney section, this portion of the report contains graphs (again including the overall average of questions 1 through 10 on the Survey of Judges questionnaire), the percentage distribution of responses by the trail judges to each substantive question in the survey. The judges were also asked to comment about your performance. Again, these comments have been transcribed, and in some instances redacted to eliminate respondent identifying information. A copy of the Survey of Judges questionnaire is also at the back of this report. • Methodology: The fourth section of the report discusses the methodology of the survey. • Questionnaires: And the final section provides copies of the questionnaires that were used. If you have any questions about the methodology and how the survey was conducted, please feel free to contact me at 303-443-5300 ext 1, and for any other questions you might have about the survey please call the Executive Director of the Colorado Judicial Performance Program, Jane Howell, at 303-837-3665. Best regards, Paul A. Talmey President enc: 100 Arap ahoe, Suite One, Boulder, CO 80302 Phone 303.443.5300 Fax 303.447.9386 ## Page 3 AAttttoorrnneeyy SSuurrvveeyy ((SSaammppllee SSiizzee 3366)) ## Page 4 Diana L. Terry Attorney Survey Overall Average Grade and Average by Question 3.1 OOvveerraallll aavveerraaggee ooff 22aa tthhrroouugghh 22ll 3.4 3.1 2a. Being fair and impartial toward each side of the case. 3.4 3.2 2b. Writing opinions that are clear. 3.3 2c. Writing opinions that adequately explain the basis of the 2.9 Court's decision. 3.2 3.2 2d. Issuing opinions in a timely manner. 3.4 2e. Allowing parties to present their arguments and answer 3.3 qquueessttiioonnss.. 33.55 3.2 2f. Making decisions without regard to possible criticism. 3.5 3.0 2g. Making reasoned decisions based upon the law and facts. 3.0 33.00 2h. Refraining from reaching issues that need not be decided. 3.2 2i. Treating parties equally regardless of race, sex or economic 3.6 status. 3.7 3.5 2j. Being courteous toward attorneys. 3.7 4.0 2k. Not engaging in ex parte communications. 3.9 3.3 2l. Being prepared for oral argument. 3.6 22..00 22..55 33..00 33..55 44..00 Average Grade Judge Terry 2008 Appellate Judges except Judge Terry Judicial Performance Survey 2008 Page 1 ## Page 5 Diana L. Terry Attorney Survey Retention Recommendation 100% 90% 80% 75% 70% 63% 61% 60% 49% 50% 40% 30% 20% 20% 18% 16% 16% 14% 14% 13% 11% 10% 7% 6% 5% 5% 4% 4% 0% Including Undecided Excluding Undecided Judge Terry 2008 Appellate Judges except Judge Terry Judicial Performance Survey 2008 Page 2 ## Page 6 Diana L. Terry Attorney Survey 2a. How would you grade Judge Terry on "Being fair and impartial toward each side of the case?" 2008 Appellate Judge Judges except Terry Judge Terry A 50% 60% B 14% 20% C 11% 8% D 11% 4% Fail 3% 2% No Grade 11% 7% Average 3.1 3.4 Letter Grade B B+ Judicial Performance Survey 2008 Page 1 ## Page 7 Diana L. Terry Attorney Survey 2b. How would you grade Judge Terry on "Writing opinions that are clear?" 2008 Appellate Judge Judges except Terry Judge Terry A 42% 52% B 33% 29% C 6% 10% D 8% 5% Fail 0% 1% No Grade 11% 3% Average 3.2 3.3 Letter Grade B B Judicial Performance Survey 2008 Page 2 ## Page 8 Diana L. Terry Attorney Survey 2c. How would you grade Judge Terry on "Writing opinions that adequately explain the basis of the Court's decision?" 2008 Appellate Judge Judges except Terry Judge Terry A 39% 48% B 25% 31% C 11% 11% D 8% 5% Fail 6% 2% No Grade 11% 3% Average 2.9 3.2 Letter Grade B- B Judicial Performance Survey 2008 Page 3 ## Page 9 Diana L. Terry Attorney Survey 2d. How would you grade Judge Terry on "Issuing opinions in a timely manner?" 2008 Appellate Judge Judges except Terry Judge Terry A 39% 51% B 28% 33% C 14% 9% D 6% 2% Fail 0% 0% No Grade 14% 4% Average 3.2 3.4 Letter Grade B B+ Judicial Performance Survey 2008 Page 4 ## Page 10 Diana L. Terry Attorney Survey 2e. How would you grade Judge Terry on "Allowing parties to present their arguments and answer questions?" 2008 Appellate Judge Judges except Terry Judge Terry A 42% 51% B 22% 18% C 3% 3% D 3% 3% Fail 3% 1% No Grade 28% 25% Average 3.3 3.5 Letter Grade B B+ Judicial Performance Survey 2008 Page 5 ## Page 11 Diana L. Terry Attorney Survey 2f. How would you grade Judge Terry on "Making decisions without regard to possible criticism?" 2008 Appellate Judge Judges except Terry Judge Terry A 37% 50% B 23% 14% C 3% 7% D 6% 2% Fail 3% 2% No Grade 29% 25% Average 3.2 3.5 Letter Grade B B+ Judicial Performance Survey 2008 Page 6 ## Page 12 Diana L. Terry Attorney Survey 2g. How would you grade Judge Terry on "Making reasoned decisions based upon the law and facts?" 2008 Appellate Judge Judges except Terry Judge Terry A 53% 50% B 18% 23% C 9% 12% D 15% 7% Fail 6% 6% No Grade 0% 1% Average 3.0 3.0 Letter Grade B B Judicial Performance Survey 2008 Page 7 ## Page 13 Diana L. Terry Attorney Survey 2h. How would you grade Judge Terry on "Refraining from reaching issues that need not be decided?" 2008 Appellate Judge Judges except Terry Judge Terry A 44% 44% B 14% 22% C 14% 12% D 3% 3% Fail 8% 4% No Grade 17% 16% Average 3.0 3.2 Letter Grade B B Judicial Performance Survey 2008 Page 8 ## Page 14 Diana L. Terry Attorney Survey 2i. How would you grade Judge Terry on "Treating parties equally regardless of race, sex or economic status?" 2008 Appellate Judge Judges except Terry Judge Terry A 47% 58% B 6% 10% C 0% 3% D 6% 1% Fail 0% 1% No Grade 42% 27% Average 3.6 3.7 Letter Grade B+ A- Judicial Performance Survey 2008 Page 9 ## Page 15 Diana L. Terry Attorney Survey 2j. How would you grade Judge Terry on "Being courteous toward attorneys?" 2008 Appellate Judge Judges except Terry Judge Terry A 44% 58% B 14% 17% C 3% 3% D 6% 0% Fail 0% 0% No Grade 33% 22% Average 3.5 3.7 Letter Grade B+ A- Judicial Performance Survey 2008 Page 10 ## Page 16 Diana L. Terry Attorney Survey 2k. How would you grade Judge Terry on "Not engaging in ex parte communications?" 2008 Appellate Judge Judges except Terry Judge Terry A 56% 47% B 0% 6% C 0% 1% D 0% 0% Fail 0% 0% No Grade 44% 47% Average 4.0 3.9 Letter Grade A A- Judicial Performance Survey 2008 Page 11 ## Page 17 Diana L. Terry Attorney Survey 2l. How would you grade Judge Terry on "Being prepared for oral argument?" 2008 Appellate Judge Judges except Terry Judge Terry A 44% 51% B 8% 15% C 3% 4% D 6% 1% Fail 3% 1% No Grade 36% 29% Average 3.3 3.6 Letter Grade B B+ Judicial Performance Survey 2008 Page 12 ## Page 18 Diana L. Terry Attorney Survey 4. How strongly do you recommend that Judge Terry be retained or not be retained in office? 2008 Appellate Judge Judges except Terry Judge Terry Strongly Recommend 61% 75% Retain in office Somewhat Recommend 18% 16% Retain in office Somewhat Recommend Not 7% 5% Retain in office Strongly Recommend Not Retain in office 14% 4% Judicial Performance Survey 2008 Page 13 ## Page 19 DDiissttrriicctt JJuuddggee SSuurrvveeyy ((SSaammppllee SSiizzee 110077)) ## Page 20 DDiiaannaa LL. TTeerrrryy Survey of Judges Overall Average Grade and Average by Question 3.7 Overall average of 1 through 9 3.7 3.8 1. Being fair and impartial toward each side in a case. 33.77 3.6 2. Writing opinions that are clear. 3.5 3. Writing opinions that adequately explain the basis of 3.6 the Court's decision. 33..66 3.6 4. Issuing opinions in a timely manner. 3.6 3.8 5. Making decisions without regard to possible criticism. 3.8 6. Making reasoned decisions based upon the law and 3.6 facts. 3.6 7. Refraining from reaching issues that need not be 3.7 decided. 3.7 8. Treating parties equally regardless of race, sex or 3.8 economic status. 3.9 3.9 9. Not engaging in ex parte communications. 3.9 2.0 2.5 3.0 3.5 4.0 Average Grade Judge Terry 2008 Appellate Judges except Judge Terry Judicial Performance Survey 2008 Page 1 ## Page 21 DDiiaannaa LL. TTeerrrryy Survey of Judges Retention Recommendation 100% 90% 85% 82% 8800%% 70% 67% 63% 60% 50% 40% 30% 2266%% 20% 18% 16% 15% 13% 11% 10% 2% 2% 00%% 00%% 00%% 00%% 00%% 00%% 0% Including Undecided Excluding Undecided Judge Terry 2008 Appellate Judges except Judge Terry Judicial Performance Survey 2008 Page 2 ## Page 22 Diana L. Terry Survey of Judges 1. How would you grade Judge Terry on "Being fair and impartial toward each side in a case?" 2008 Appellate Judge Judges except Terry Judge Terry A 54% 56% B 8% 15% C 2% 3% D 0% 0% Fail 0% 0% No Grade 37% 26% Average 3.8 3.7 Letter Grade A- A- Judicial Performance Survey 2008 Page 1 ## Page 23 Diana L. Terry Survey of Judges 2. How would you grade Judge Terry on "Writing opinions that are clear?" 2008 Appellate Judge Judges except Terry Judge Terry A 42% 47% B 25% 27% C 3% 4% D 0% 1% Fail 0% 0% No Grade 29% 21% Average 3.6 3.5 Letter Grade B+ B+ Judicial Performance Survey 2008 Page 2 ## Page 24 Diana L. Terry Survey of Judges 3. How would you grade Judge Terry on "Writing opinions that adequately explain the basis of the Court's decision?" 2008 Appellate Judge Judges except Terry Judge Terry A 47% 53% B 22% 23% C 2% 3% D 0% 1% Fail 0% 0% No Grade 29% 20% Average 3.6 3.6 Letter Grade B+ B+ Judicial Performance Survey 2008 Page 3 ## Page 25 Diana L. Terry Survey of Judges 4. How would you grade Judge Terry on "Issuing opinions in a timely manner?" 2008 Appellate Judge Judges except Terry Judge Terry A 38% 38% B 16% 19% C 2% 3% D 0% 0% Fail 0% 0% No Grade 43% 40% Average 3.6 3.6 Letter Grade B+ B+ Judicial Performance Survey 2008 Page 4 ## Page 26 Diana L. Terry Survey of Judges 5. How would you grade Judge Terry on "Making decisions without regard to possible criticism?" 2008 Appellate Judge Judges except Terry Judge Terry A 56% 63% B 11% 11% C 0% 2% D 0% 0% Fail 0% 0% No Grade 33% 24% Average 3.8 3.8 Letter Grade A- A- Judicial Performance Survey 2008 Page 5 ## Page 27 Diana L. Terry Survey of Judges 6. How would you grade Judge Terry on "Making reasoned decision based upon the law and facts?" 2008 Appellate Judge Judges except Terry Judge Terry A 47% 54% B 24% 22% C 1% 4% D 0% 1% Fail 0% 0% No Grade 28% 19% Average 3.6 3.6 Letter Grade B+ B+ Judicial Performance Survey 2008 Page 6 ## Page 28 Diana L. Terry Survey of Judges 7. How would you grade Judge Terry on "Refraining from reaching issues that need not be decided?" 2008 Appellate Judge Judges except Terry Judge Terry A 48% 52% B 17% 18% C 1% 2% D 0% 1% Fail 0% 0% No Grade 34% 27% Average 3.7 3.7 Letter Grade A- A- Judicial Performance Survey 2008 Page 7 ## Page 29 Diana L. Terry Survey of Judges 8. How would you grade Judge Terry on "Treating parties equally regardless of race, sex or economic status?" 2008 Appellate Judge Judges except Terry Judge Terry A 65% 63% B 7% 6% C 5% 1% D 0% 0% Fail 0% 0% No Grade 23% 30% Average 3.8 3.9 Letter Grade A- A- Judicial Performance Survey 2008 Page 8 ## Page 30 Diana L. Terry Survey of Judges 9. How would you grade Judge Terry on "Not engaging in ex parte communications?" 2008 Appellate Judge Judges except Terry Judge Terry A 48% 49% B 4% 4% C 0% 0% D 0% 0% Fail 0% 0% No Grade 49% 47% Average 3.9 3.9 Letter Grade A- A- Judicial Performance Survey 2008 Page 9 ## Page 31 Diana L. Terry Survey of Judges 1100.. How strongly do you recommend that Judge Terry be retained or not be retained in office? 2008 Appellate Judge Judges except Terry Judge Terry Strongly Recommend 85% 82% Retain in office Somewhat Recommend 15% 16% Retain in office Somewhat Recommend Not 0% 2% Retain in office Strongly Recommend Not Retain in office 0% 0% Judicial Performance Survey 2008 Page 10 ## Page 32 MMeetthhooddoollooggyy ## Page 33 MMeetthhooddoollooggyy Sample: The Colorado Judicial Department provided Talmey-Drake Research & Strategy, Inc. with names and addresses of attorneys who had a case decided by the Court of Appeals or Supreme Court, in which the decision had been authored or co-authored by one of the two Supreme Court justices or one of the six Court of Appeals judges standing for retention 2008. Talmey-Drake Research was also provided with the list of Colorado judges and justices. Two surveys were conducted, one among attorneys who had opinions authored or co-authored by one of the six Court of Appeals judges or two Supreme Court justices facing a retention vote in 2008, and a second survey of Colorado district and appellate judges and justices. Questionnaire: Copies of the two questionnaires used are provided at the end of this report. Respondents were asked to use a grade of A, B, C, D, or F (Fail) to assess the judge’s performance in a number of different areas. These grades were then converted to a numerical value where A = 4, B = 3, C = 2, D = 1 and Fail = 0. Response: The response rate is calculated as the number of completed questionnaires divided by the number of eligible respondents who actually received a questionnaire. The following table shows the total number of questionnaires mailed, completed, non-responses & refusals, undeliverables and other responses. The table presents the overall response rate for each survey as well as the response rate for your surveys. Overall Response Rate No Response Respondent Type Total Sent Response Undeliverable Other Completed Rate Attorneys 838 324 139 21 354 50.6% Judges 178 64 7 0 107 62.6% Response Rate for Judge Terry No Response Respondent Type Total Sent Response Undeliverable Other Completed Rate Attorneys 79 26 17 0 36 58.1% Judges 178 64 7 0 107 62.6% 1 ## Page 34 Results: The results of the Survey are in two main sections: Attorney Respondents and Judge 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 the combined averages for the Court of Appeals judges and Supreme Court justices about whom surveys in 2008 were conducted. Percentage Distribution of Grades: This section shows the percentage of each grade received on each question plus the bias, sentencing and retention questions. An average grade point for each graded question is computed and shown in the results section. A letter grade is also assigned to each grade point according to the following scale. A = 4.00 B = 3.00 to 3.33 C = 2.00 to 2.33 D = 1.00 to 1.33 A— = 3.68 to 3.99 B—= 2.67 to 2.99 C—= 1.67 to 1.99 D— = 0.67 to 0.99 B+ = 3.34 to 3.66 C+ = 2.34 to 2.66 D+ = 1.34 to 1.66 Fail = 0.00 to 0.67 This section also includes a comparative column of results showing the results for that question for the other appellate judges justices about whom surveys were conducted in 2008. Comments: Each respondent was encouraged to comment on the judge’s performance. This section contains these comments—again divided between results from attorneys and judges. 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. 2 ## Page 35 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. 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. 3 ## Page 36 QQuueessttiioonnnnaaiirreess ## Page 37 Additional Comments _ _ _ _ _ _ _ _ _ Commission on Judicial Performance _ _ Appellate Questionnaire _ Evaluation of _ JUDGE FULL NAME _ _ _ 1. Which of the following types of cases have you _ appealed in which Judge [Last Name] _ authored or co-authored the decision? (Please circle all that apply.) _ _ Civil . 1 Criminal . 2 _ Domestic . 3 _ Juvenile . 4 Other . 5 _ _ ## Page 38 2. Using a grade scale, where an “A” is excellent along with B, C, D or F 3. Comments about Judge [Last Name]’s relating to any of your for fail, please grade the Judge [Last Name] on the following. If, for a responses to the previous questions? specific question you feel that you do not have enough information to _ grade Judge [Last Name], please circle the number indicating “Can’t Grade.” _ Can’t _ A B C D F Grade _ a. Being fair and impartial toward each _ side of the case. 4 3 2 1 0 9 b. Writing opinions that are clear. 4 3 2 1 0 9 _ c. Writing opinions that adequately explain _ the basis of the Court’s decision. 4 3 2 1 0 9 _ d. Issuing opinions in a timely manner. 4 3 2 1 0 9 e. Allowing parties to present their arguments 4. Keeping in mind your responses to each of the previous questions, how and answer questions. 4 3 2 1 0 9 strongly do you recommend that Judge [Last Name] be retained in f. Making decisions without regard to office, or not retained in office? possible criticism. 4 3 2 1 0 9 Strongly recommend he/she be retained in office . 5 g. Making reasoned decisions based upon Somewhat recommend he/she be retained in office . 4 the law and facts. 4 3 2 1 0 9 Undecided or don’t know enough to make recommendation . 3 h. Refraining from reaching issues that Somewhat recommend he/she not be retained in office . 2 need not be decided. 4 3 2 1 0 9 Strongly recommend he/she not be retained in office . 1 i. Treating parties equally regardless of And why do you think that way about retaining or not retaining Judge race, sex or economic status. 4 3 2 1 0 9 [Last Name]? j. Being courteous toward attorneys. 4 3 2 1 0 9 k. Not engaging in ex parte communications. 4 3 2 1 0 9 _ l. Being prepared for oral argument. 4 3 2 1 0 9 _ _ _ _ _ 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 Please use back page for any additional comments. survey is very much appreciated. ## Page 39 J. Please write comments you would like to make about Judge JoAnn L. Vogt in the space below. If you would like to make more comments than space allows, feel free to attach a sheet with additional comments. _ _ _ _ _ _ _ Survey of District Judges _ Regarding Appellate Judges _ _ Please answer the enclosed questions about each of the two Supreme Court justices and the eight Court of Appeals judges who are standing for retention in November 2008. For questions 1 through 9 please grade each of the judges using a grade scale where an “A” indicates you believe the judge or justice is doing excellent on that aspect of his or her job, a “D” indicates that you believe he or she is doing Please mail the completed questionnaire in poorly on that aspect of the job and an “F” indicates that the enclosed postage-paid envelope. you believe the judge or justice is failing at that task. B’s and C’s indicate that you believe the judge or justice is Thank you. performing between excellent and poor on the particular task. If, for a specific question, you feel that you do not have enough information to grade the judge on the task, or for some reason feel that you cannot grade him or her on the item, please circle the number that indicates “no grade.” Thank you. Page 12 ## Page 40 1. Being fair and impartial toward each side in a case. H. Please write comments you would like to make about Judge No Sandra I. Rothenberg in the space below. If you would like A B C D F Grade to make more comments than space allows, feel free to attach Justice Allison H. Eid . 4 3 2 1 0 6 a sheet with additional comments. Justice Gregory J. Hobbs . 4 3 2 1 0 6 _ Judge Steven L. Bernard . 4 3 2 1 0 6 _ Judge David M. Furman . 4 3 2 1 0 6 _ Judge Robert D. Hawthorne . 4 3 2 1 0 6 _ _ Judge Jerry N. Jones . 4 3 2 1 0 6 _ Judge Gilbert Roman . 4 3 2 1 0 6 _ Judge Sandra I. Rothenberg . 4 3 2 1 0 6 _ Judge Diana L. Terry . 4 3 2 1 0 6 _ Judge JoAnn L. Vogt . 4 3 2 1 0 6 _ 2. Writing opinions that are clear. I. Please write comments you would like to make about Judge Diana L. Terry in the space below. If you would like to make No A B C D F Grade more comments than space allows, feel free to attach a sheet Justice Allison H. Eid . 4 3 2 1 0 6 with additional comments. Justice Gregory J. Hobbs . 4 3 2 1 0 6 _ Judge Steven L. Bernard . 4 3 2 1 0 6 _ _ Judge David M. Furman . 4 3 2 1 0 6 _ Judge Robert D. Hawthorne . 4 3 2 1 0 6 _ Judge Jerry N. Jones . 4 3 2 1 0 6 _ Judge Gilbert Roman . 4 3 2 1 0 6 _ Judge Sandra I. Rothenberg . 4 3 2 1 0 6 _ Judge Diana L. Terry . 4 3 2 1 0 6 _ Judge JoAnn L. Vogt . 4 3 2 1 0 6 _ Continued on Back Page Page 2 Page 11 ## Page 41 F. Please write comments you would like to make about 3. Writing opinions that adequately explain the basis of the Judge Jerry N. Jones in the space below. If you would like Court’s decision. to make more comments than space allows, feel free to No attach a sheet with additional comments. A B C D F Grade _ Justice Allison H. Eid . 4 3 2 1 0 6 _ Justice Gregory J. Hobbs . 4 3 2 1 0 6 _ Judge Steven L. Bernard . 4 3 2 1 0 6 _ Judge David M. Furman . 4 3 2 1 0 6 _ Judge Robert D. Hawthorne . 4 3 2 1 0 6 _ Judge Jerry N. Jones . 4 3 2 1 0 6 _ Judge Gilbert Roman . 4 3 2 1 0 6 _ Judge Sandra I. Rothenberg . 4 3 2 1 0 6 _ Judge Diana L. Terry . 4 3 2 1 0 6 _ Judge JoAnn L. Vogt . 4 3 2 1 0 6 4. Issuing opinions in a timely manner. G. Please write comments you would like to make about Judge Gilbert Roman in the space below. If you would No A B C D F Grade like to make more comments than space allows, feel free to Justice Allison H. Eid . 4 3 2 1 0 6 attach a sheet with additional comments. _ Justice Gregory J. Hobbs . 4 3 2 1 0 6 _ Judge Steven L. Bernard . 4 3 2 1 0 6 _ Judge David M. Furman . 4 3 2 1 0 6 _ Judge Robert D. Hawthorne . 4 3 2 1 0 6 _ Judge Jerry N. Jones . 4 3 2 1 0 6 _ Judge Gilbert Roman . 4 3 2 1 0 6 _ Judge Sandra I. Rothenberg . 4 3 2 1 0 6 _ Judge Diana L. Terry . 4 3 2 1 0 6 _ Judge JoAnn L. Vogt . 4 3 2 1 0 6 _ Page 10 Page 3 ## Page 42 5. Making decisions without regard to possible criticism. D. Please write comments you would like to make about Judge David M. Furman in the space below. If you would like to No make more comments than space allows, feel free to attach a A B C D F Grade sheet with additional comments. Justice Allison H. Eid . 4 3 2 1 0 6 _ Justice Gregory J. Hobbs . 4 3 2 1 0 6 _ Judge Steven L. Bernard . 4 3 2 1 0 6 _ Judge David M. Furman . 4 3 2 1 0 6 _ Judge Robert D. Hawthorne . 4 3 2 1 0 6 _ Judge Jerry N. Jones . 4 3 2 1 0 6 _ Judge Gilbert Roman . 4 3 2 1 0 6 _ Judge Sandra I. Rothenberg . 4 3 2 1 0 6 _ Judge Diana L. Terry . 4 3 2 1 0 6 _ Judge JoAnn L. Vogt . 4 3 2 1 0 6 _ 6. Making reasoned decisions based upon the law and E. Please write comments you would like to make about Judge facts. Robert D. Hawthorne in the space below. If you would like No to make more comments than space allows, feel free to attach A B C D F Grade a sheet with additional comments. Justice Allison H. Eid . 4 3 2 1 0 6 _ Justice Gregory J. Hobbs . 4 3 2 1 0 6 _ Judge Steven L. Bernard . 4 3 2 1 0 6 _ Judge David M. Furman . 4 3 2 1 0 6 _ Judge Robert D. Hawthorne . 4 3 2 1 0 6 _ Judge Jerry N. Jones . 4 3 2 1 0 6 _ Judge Gilbert Roman . 4 3 2 1 0 6 _ Judge Sandra I. Rothenberg . 4 3 2 1 0 6 _ Judge Diana L. Terry . 4 3 2 1 0 6 _ Judge JoAnn L. Vogt . 4 3 2 1 0 6 _ Page 4 Page 9 ## Page 43 B. Please write comments you would like to make about Justice 7. Refraining from reaching issues that need not be Gregory J. Hobbs in the space below. If you would like to decided. make more comments than space allows, feel free to attach a No sheet with additional comments. A B C D F Grade _ Justice Allison H. Eid . 4 3 2 1 0 6 _ Justice Gregory J. Hobbs . 4 3 2 1 0 6 Judge Steven L. Bernard. 4 3 2 1 0 6 _ Judge David M. Furman . 4 3 2 1 0 6 _ Judge Robert D. Hawthorne . 4 3 2 1 0 6 _ Judge Jerry N. Jones . 4 3 2 1 0 6 _ Judge Gilbert Roman . 4 3 2 1 0 6 _ Judge Sandra I. Rothenberg . 4 3 2 1 0 6 _ Judge Diana L. Terry . 4 3 2 1 0 6 _ Judge JoAnn L. Vogt . 4 3 2 1 0 6 _ C. Please write comments you would like to make about Judge 8. Treating parties equally regardless of race, sex or Steven L. Bernard in the space below. If you would like to economic status. make more comments than space allows, feel free to attach a No sheet with additional comments. A B C D F Grade _ Judge Steven L. Bernard. 4 3 2 1 0 6 _ Judge David M. Furman . 4 3 2 1 0 6 _ Judge Robert D. Hawthorne . 4 3 2 1 0 6 Judge Jerry N. Jones . 4 3 2 1 0 6 _ Judge Gilbert Roman . 4 3 2 1 0 6 _ Judge Sandra I. Rothenberg . 4 3 2 1 0 6 _ Judge Diana L. Terry . 4 3 2 1 0 6 _ Judge JoAnn L. Vogt . 4 3 2 1 0 6 _ Justice Allison H. Eid . 4 3 2 1 0 6 _ Justice Gregory J. Hobbs . 4 3 2 1 0 6 _ Page 8 Page 5 ## Page 44 9. Not engaging in ex parte communications. 10. [Continued] No Judge Judge Judge 6 A B C D F Grade Jones Roman Rothenberg Justice Allison H. Eid . 4 3 2 1 0 6 Strongly recommend to retain . 5 5 5 Justice Gregory J. Hobbs . 4 3 2 1 0 6 Somewhat recommend to retain . 4 4 4 Undecided or don’t know enough Judge Steven L. Bernard . 4 3 2 1 0 6 to make recommendation . 3 3 3 Judge David M. Furman . 4 3 2 1 0 6 Somewhat recommend not retain . 2 2 2 Judge Robert D. Hawthorne . 4 3 2 1 0 6 Strongly recommend not retain . 1 1 1 Judge Jerry N. Jones . 4 3 2 1 0 6 Judge Gilbert Roman . 4 3 2 1 0 6 Judge Judge Judge Sandra I. Rothenberg . 4 3 2 1 0 6 Terry Vogt Judge Diana L. Terry . 4 3 2 1 0 6 Strongly recommend to retain . 5 5 Judge JoAnn L. Vogt . 4 3 2 1 0 6 Somewhat recommend to retain . 4 4 Undecided or don’t know enough to make recommendation . 3 3 10. Recommend to be retained/not retained in office. Somewhat recommend not retain . 2 2 Strongly recommend not retain . 1 1 Justice Justice Eid Hobbs Strongly recommend to retain . 5 5 A . Please write comments you would like to make about Justice Allison H. Eid in the space below. If you would like to make Somewhat recommend to retain . 4 4 more comments than space allows, feel free to attach a sheet Undecided or don’t know enough with additional comments. to make recommendation . 3 3 _ Somewhat recommend not retain . 2 2 _ Strongly recommend not retain . 1 1 _ Judge Judge Judge _ Bernard Furman Hawthorne _ Strongly recommend to retain . 5 5 5 _ Somewhat recommend to retain . 4 4 4 _ Undecided or don’t know enough _ to make recommendation. 3 3 3 _ Somewhat recommend not retain . 2 2 2 Strongly recommend not retain . 1 1 1 _ _ Page 6 Page 7

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