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M. Gwyneth Whalen

Trial Court · Boulder · Boulder

Meets Standards(Retain)1 cycle on record

Evaluation history

  • 2008 retention cycle
    Trial Court · Boulder · Boulder
    Meets Standards(Retain)
    VotersRetained· 74.5% yes
    79,457 yes · 27,221 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 Twentieth Judicial District Commission on Judicial Performance unanimously recommends that Judge M. Gwyneth Whalen BE RETAINED. Background: Appointed to the Boulder District Court in October 2006, Judge Whalen had previously been an assistant county attorney in Boulder where she specialized in child protection. More recently she was in private practice with a focus on civil litigation in complex cases. Judge Whalen received her law degree from the University of Colorado School of Law in 1990. Judge Whalen’s docket of cases in Boulder District Court primarily includes civil litigation and domestic relations with a few criminal law cases. Evaluation: The recommendation to retain Judge Whalen is based upon a self evaluation questionnaire given to the judge, three of her written opinions, a public hearing, a personal interview and courtroom observations by Commission members, and survey results from litigants, court staff, jurors, attorneys and others who have knowledge of her performance as a judge. Judge Whalen is committed to being a strong and competent district court judge. She wants to strike the proper balance between running an orderly court room to efficiently process cases while making sure that all participants believe that they were heard and treated fairly. After 18 months on the bench, she endeavors to manage her large case load effectively and efficiently and to learn new areas of substantive law such as domestic relations. She has made good progress as she has gained experience. Survey results show significant differences between non-attorneys and attorneys. Non-attorneys ranked Judge Whalen either comparable or higher than other district court judges in application and knowledge of the law, demeanor, communication, and diligence. Attorneys, however, found that she performed significantly lower in these same areas with particularly weaker scores in application and knowledge of the law and overall demeanor. Several surveys also indicated a perception of arrogance and lack of courtesy toward attorneys. Although Judge Whalen acknowledged that her demeanor may, on occasion, be unintentionally intimidating, she was surprised that some attorneys perceived her this way. To Judge Whalen’s credit, upon learning of the survey results, she acknowledged that she may have a weakness in this area and has already proactively sought assistance and feedback from her judicial colleagues. She is striving to take concrete steps to improve in the areas that have been identified by these attorney survey results. Recommendations: Survey results showed weak attorney support for retaining Judge Whalen. However, 69% of attorneys who expressed a preference supported retention. Non-attorneys, on the other hand, showed strong support for retention. Among non-attorneys expressing a preference, 90% advocated for retaining Judge Whalen.

Surveys & reports

  • 2008 cycle
    • 2008 Retention Survey Report(PDF on OJPE)
      Read full retention survey textexpand
      ## Page 1 State off Colorado LLogo COOMMISSIOON ON JUUDICIALL PERFORRMANCEE MMaarryyyy WWhhaaaalleenn 22008 Juudicial PPerformmance Suurvey ## Page 2 April 30, 2008 The Honorable M. Whalen Boulder Justice Center P.O. Box 4249 Boulder, CO. 80306 Dear Judge Whalen: Every two years the Colorado Judicial Performance Commission conducts a survey of people who have been in the courtroom of judges who face a retention vote in the next general election. The 2008 survey was conducted by Talmey-Drake Research & Strategy, Inc., who attempted to contact over 57,000 people statewide who had been in these courtrooms in one capacity or another. Over 12,400 people responded—3,084 to the attorney survey and 9,317 to the non-attorney survey. This report contains the results of those who were in your courtroom and who responded to the survey. In addition to this introduction, the report is divided into five main sections: • Attorney Results & Comments: This section contains graphs displaying the average grade you received overall (the combined average from questions 1a through 5e), 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. • Appellate Judges & Comments: New to the 2008 Judicial Performance Evaluation is a survey of Court of Appeals judges and Supreme Court justices regarding the overall performance of district judges. • 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 TThe Honorabble M. Whaleen AApril, 30 20088 PPage 2 If you havve any questtions about tthe methodoology and hoow the surveey was coonducted, pllease feel freee to contactt me at 303-4443-5300 ext 1, and for anny other questions youu might have about the ssurvey pleasse call the Exxecutive Dirrector of the CColorado Juddicial Performmance Progrram, Jane Hoowell, at 3033-837-3665. Beest regards, Paaul A. Talmeey Prresident ennc: ## Page 4 AAttttoorrnneeyy SSuurrvveeyy ((SSaammppllee SSiizzee 2222)) ## Page 5 Mary Whalen AAttttoorrnneeyy SSuurrvveeyy Average Grades: Overall and by Section 33..22 Overall Average 3.4 3.4 3.3 Q1. Overall Case 33.44 Management 3.4 2.9 Q2. Overall App & 3.4 Knowldge of Law 3.3 3.4 Q3. Overall 3.6 Communications 3.7 3.1 Q4. Overall Demeanor 3.5 3.5 3.1 Q5. Overall Diligence 3.4 3.4 1.0 1.5 2.0 2.5 3.0 3.5 4.0 AAvveerraaggee GGrraaddee Mary Whalen All District Judges All Trial Judges Judicial Performance Survey 2008 Page 1 ## Page 6 Mary Whalen AAttttoorrnneeyy SSuurrvveeyy Average Grades: Case Management 3.3 Q1. Overall Case Management 3.4 3.4 3.4 1a. Promptly making rulings 3.6 during trial 3.6 33.88 1b. Beginning court on time 3.6 3.5 3.2 1c. Allotting appropriate amount 3.4 of time for cases 3.4 3.5 1d. Keeping cases moving 3.4 according to schedule 3.5 2.3 1e. [Civil only] Assisting parties to 3.0 reach agreement 3.0 3.4 1f. Maintaining appropriate 3.5 control over proceedings 3.5 3.1 1g. Promptly ruling on pre-trial 3.3 motions 3.3 3.3 1h. Promptly issuing a decision 3.5 on the case after trial 3.5 3.2 1i. Setting reasonable schedules 3.3 for cases 33.44 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Mary Whalen All District Judges All Trial Judges Judicial Performance Survey 2008 Page 2 ## Page 7 Mary Whalen AAttttoorrnneeyy SSuurrvveeyy Average Grades: Application and Knowledge of Law 2.9 Q2. Overall App & Knowldge of 3.4 LLaaww 3.3 2.8 2a. Basing decisions on evidence 3.3 and arguments 3.3 2.9 2b. Giving reasons for rulings 3.4 3.4 3.1 2c. [Civil only] Issuing written 3.2 findings of fact and law 3.2 1.9 2d. Willing to reconsider error in 3.0 ffaacctt oorr llaaww 2.9 2.8 2e. Having knowledge of relevant 3.4 substantive law 3.3 3.2 2f. Having knowledge of rules of 3.5 pprroocceedduurree aanndd eevviiddeennccee 3.4 3.0 2g. Being able to identify and 3.4 analyze relevant facts 3.4 3.0 2h. [Criminal only] Issuing consistent sentences when the 3.3 circumstances are similar 3.3 3.4 2i. Willing to make decision without regard to possible 3.4 criticism 3.4 3.5 2j. Making decisions without fear 3.5 ooff bbeeiinngg aappppeeaalleedd 3.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Mary Whalen All District Judges All Trial Judges Judicial Performance Survey 2008 Page 3 ## Page 8 Mary Whalen AAttttoorrnneeyy SSuurrvveeyy Average Grades: Communications 3.4 Q3. Overall Communications 3.6 3.7 33.66 3a. Speaking clearly 3.7 3.7 3.3 3b. Making sure all participants 3.6 understand the proceedings 3.6 3.4 3c. Using understandable 3.7 language 3.7 2.8 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 Average Grade Mary Whalen All District Judges All Trial Judges Judicial Performance Survey 2008 Page 4 ## Page 9 Mary Whalen AAttttoorrnneeyy SSuurrvveeyy Average Grades: Demeanor 3.1 Q4. Overall Demeanor 3.5 3.5 3.2 4a. Giving proceedings a sense 3.5 of dignity 3.5 3.1 4b. Treating everyone involved 3.4 politely 33.44 2.9 4c. Having empathy with the 3.3 parties involved 3.3 3.1 4d. Treating participants with 3.4 respect 3.5 3.0 4e. Presenting a neutral 3.4 presence on the bench 3.4 3.2 4f. Being consistent in [his/her] 3.4 behavior 3.5 33.00 4g. Conducting [his/her] 3.4 courtroom in a neutral manner 3.4 2.9 4h. Giving all participants an 3.5 opportunity to be heard 3.6 3.2 44ii. CCoonnssiisstteennttllyy aappppllyyiinngg llaawwss 3.4 and rules 3.4 3.8 4j. Not engaging in ex parte 3.7 communications 3.7 3.1 44kk. TTrreeaattiinngg pprroo ssee ppaarrttiieess ffaaiirrllyy 33.77 3.6 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Mary Whalen All District Judges All Trial Judges Judicial Performance Survey 2008 Page 5 ## Page 10 Mary Whalen AAttttoorrnneeyy SSuurrvveeyy Average Grades: Diligence 3.1 Q5. Overall Diligence 3.4 3.4 3.6 55aa. MMaakkiinngg ttoouugghh ddeecciissiioonnss wwhheenn 3.4 necessary 3.4 2.9 5b. Using good judgment in apppplication of relevant law and 3.3 rules 3.3 3.2 5c. Doing the necessary 'homework' and being prepared 3.4 for [[his/her]] cases 3.4 3.3 5d. Being willing to handle cases on the docket even when they are 3.5 complicated and time consuming 33.55 2.9 5e. Providing prompt access to 3.5 the court in emergency matters 3.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Mary Whalen All District Judges All Trial Judges Judicial Performance Survey 2008 Page 6 ## Page 11 Mary Whalen AAttttoorrnneeyy SSuurrvveeyy Q6. Average: How biased do you think Judge Whalen is toward the defense or prosecution? Maryy Whalen 0.0 All District Judges 0.4 All Trial Judges 0.7 5 4 3 2 1 0 1 2 3 4 5 (cid:205)Defense Prosecution (cid:206) Judicial Performance Survey 2008 Page 7 ## Page 12 Mary Whalen AAttttoorrnneeyy SSuurrvveeyy Q7. Average: How lenient or how harsh are Judge Whalen's sentences? Mary Whalen All District Judges 0.1 All Trial Judges 0.3 5 4 3 2 1 0 1 2 3 4 5 (cid:205)Lenient Harsh (cid:206) Judicial Performance Survey 2008 Page 8 ## Page 13 Mary Whalen AAttttoorrnneeyy SSuurrvveeyy Retention Recommendation 110000%% 90% 80% 77%77% 7744%%7744%% 70% 63% 60% 5500%% 50% 40% 30% 20% 19% 20% 15% 13% 13% 13%13% 12% 10% 10% 6%6% 6%6% 6% 5% 4%4% 4%4% 4%4% 0% Including Undecided Excluding Undecided Judge Whalen All District Judges All Trial Judges Judicial Performance Survey 2008 Page 9 ## Page 14 Mary Whalen Attorney Survey 1a. How would you grade Judge Whalen on "Promptly making rulings during trial?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 45% 59% 57% B 32% 17% 18% C 0% 3% 3% D 5% 1% 1% Fail 0% 1% 1% No Grade 18% 19% 21% Average 3.4 3.6 3.6 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 1 ## Page 15 Mary Whalen Attorney Survey 1b. How would you grade Judge Whalen on "Beginning court on time?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 68% 66% 62% B 18% 23% 25% C 0% 5% 7% D 0% 2% 2% Fail 0% 1% 1% No Grade 14% 3% 2% Average 3.8 3.6 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 2 ## Page 16 Mary Whalen Attorney Survey 1c. How would you grade Judge Whalen on "Allotting appropriate amount of time for cases?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 45% 55% 56% B 14% 27% 28% C 18% 9% 8% D 5% 3% 2% Fail 0% 1% 1% No Grade 18% 5% 4% Average 3.2 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 3 ## Page 17 Mary Whalen Attorney Survey 1d. How would you grade Judge Whalen on "Keeping cases moving according to schedule?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 50% 58% 58% B 32% 27% 28% C 9% 7% 7% D 0% 3% 2% Fail 0% 1% 1% No Grade 9% 4% 4% Average 3.5 3.4 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 4 ## Page 18 Mary Whalen Attorney Survey 1e. How would you grade Judge Whalen on "[Civil only] Assisting parties to reach agreement?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 5% 23% 23% B 10% 17% 17% C 14% 10% 8% D 0% 4% 3% Fail 5% 2% 2% No Grade 67% 44% 47% Average 2.3 3.0 3.0 Letter Grade C B B Judicial Performance Survey 2008 Page 5 ## Page 19 Mary Whalen Attorney Survey 1f. How would you grade Judge Whalen on "Maintaining appropriate control over proceedings?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 50% 64% 66% B 32% 22% 22% C 5% 8% 7% D 5% 3% 2% Fail 0% 1% 1% No Grade 9% 2% 2% Average 3.4 3.5 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 6 ## Page 20 Mary Whalen Attorney Survey 1g. How would you grade Judge Whalen on "Promptly ruling on pre-trial motions?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 18% 45% 44% B 36% 23% 21% C 9% 9% 8% D 0% 3% 3% Fail 0% 2% 1% No Grade 36% 19% 24% Average 3.1 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2008 Page 7 ## Page 21 Mary Whalen Attorney Survey 1h. How would you grade Judge Whalen on "Promptly issuing a decision on the case after trial?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 27% 48% 48% B 36% 17% 16% C 0% 5% 4% D 5% 2% 1% Fail 0% 1% 1% No Grade 32% 27% 29% Average 3.3 3.5 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 8 ## Page 22 Mary Whalen Attorney Survey 1i. How would you grade Judge Whalen on "Setting reasonable schedules for cases?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 36% 53% 54% B 32% 26% 26% C 0% 9% 8% D 9% 3% 3% Fail 0% 2% 2% No Grade 23% 7% 8% Average 3.2 3.3 3.4 Letter Grade B B B+ Judicial Performance Survey 2008 Page 9 ## Page 23 Mary Whalen Attorney Survey 2a. How would you grade Judge Whalen on "Basing decisions on evidence and arguments?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 32% 54% 54% B 23% 25% 25% C 23% 9% 9% D 14% 4% 4% Fail 0% 3% 3% No Grade 9% 5% 5% Average 2.8 3.3 3.3 Letter Grade B- B B Judicial Performance Survey 2008 Page 10 ## Page 24 Mary Whalen Attorney Survey 2b. How would you grade Judge Whalen on "Giving reasons for rulings?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 36% 57% 56% B 27% 25% 25% C 18% 9% 9% D 9% 3% 4% Fail 5% 2% 2% No Grade 5% 4% 4% Average 2.9 3.4 3.4 Letter Grade B- B+ B+ Judicial Performance Survey 2008 Page 11 ## Page 25 Mary Whalen Attorney Survey 2c. How would you grade Judge Whalen on "[Civil only] Issuing written findings of fact and law?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 23% 32% 27% B 27% 18% 16% C 9% 7% 6% D 5% 3% 3% Fail 0% 1% 2% No Grade 36% 38% 47% Average 3.1 3.2 3.2 Letter Grade B B B Judicial Performance Survey 2008 Page 12 ## Page 26 Mary Whalen Attorney Survey 2d. How would you grade Judge Whalen on "Willing to reconsider error in fact or law?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 5% 27% 27% B 19% 18% 18% C 10% 9% 9% D 5% 4% 5% Fail 14% 4% 4% No Grade 48% 37% 38% Average 1.9 3.0 2.9 Letter Grade C- B B- Judicial Performance Survey 2008 Page 13 ## Page 27 Mary Whalen Attorney Survey 2e. How would you grade Judge Whalen on "Having knowledge of relevant substantive law?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 33% 55% 54% B 24% 28% 28% C 19% 9% 9% D 14% 3% 4% Fail 0% 2% 2% No Grade 10% 3% 4% Average 2.8 3.4 3.3 Letter Grade B- B+ B Judicial Performance Survey 2008 Page 14 ## Page 28 Mary Whalen Attorney Survey 2f. How would you grade Judge Whalen on "Having knowledge of rules of procedure and evidence?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 36% 63% 60% B 32% 23% 24% C 18% 7% 8% D 0% 2% 3% Fail 0% 2% 2% No Grade 14% 3% 4% Average 3.2 3.5 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 15 ## Page 29 Mary Whalen Attorney Survey 2g. How would you grade Judge Whalen on "Being able to identify and analyze relevant facts?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 36% 58% 58% B 27% 24% 24% C 18% 9% 8% D 9% 3% 4% Fail 0% 2% 2% No Grade 9% 4% 4% Average 3.0 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 16 ## Page 30 Mary Whalen Attorney Survey 2h. How would you grade Judge Whalen on "[Criminal only] Issuing consistent sentences when the circumstances are similar?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 0% 28% 36% B 7% 16% 18% C 0% 5% 5% D 0% 2% 2% Fail 0% 2% 1% No Grade 93% 48% 37% Average 3.0 3.3 3.3 Letter Grade B B B Judicial Performance Survey 2008 Page 17 ## Page 31 Mary Whalen Attorney Survey 2i. How would you grade Judge Whalen on "Willing to make decision without regard to possible criticism?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 43% 54% 54% B 14% 20% 20% C 5% 7% 7% D 0% 2% 3% Fail 5% 2% 3% No Grade 33% 15% 14% Average 3.4 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 18 ## Page 32 Mary Whalen Attorney Survey 2j. How would you grade Judge Whalen on "Making decisions without fear of being appealed?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 45% 55% 55% B 14% 19% 20% C 5% 6% 6% D 5% 2% 2% Fail 0% 1% 1% No Grade 32% 17% 16% Average 3.5 3.5 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 19 ## Page 33 Mary Whalen Attorney Survey 3a. How would you grade Judge Whalen on "Speaking clearly?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 59% 75% 76% B 36% 18% 18% C 0% 4% 4% D 0% 1% 1% Fail 0% 0% 0% No Grade 5% 1% 1% Average 3.6 3.7 3.7 Letter Grade B+ A- A- Judicial Performance Survey 2008 Page 20 ## Page 34 Mary Whalen Attorney Survey 3b. How would you grade Judge Whalen on "Making sure all participants understand the proceedings?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 41% 71% 71% B 41% 20% 21% C 14% 5% 5% D 0% 1% 1% Fail 0% 1% 1% No Grade 5% 2% 2% Average 3.3 3.6 3.6 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 21 ## Page 35 Mary Whalen Attorney Survey 3c. How would you grade Judge Whalen on "Using understandable language?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 45% 75% 76% B 45% 20% 19% C 5% 4% 3% D 0% 1% 1% Fail 0% 0% 0% No Grade 5% 1% 1% Average 3.4 3.7 3.7 Letter Grade B+ A- A- Judicial Performance Survey 2008 Page 22 ## Page 36 Mary Whalen Attorney Survey 3d. How would you grade Judge Whalen on "Providing written communications that are clear, thorough and well reasoned?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 20% 46% 46% B 60% 21% 21% C 0% 7% 7% D 20% 4% 4% Fail 0% 2% 2% No Grade 0% 20% 21% Average 2.8 3.3 3.3 Letter Grade B- B B Judicial Performance Survey 2008 Page 23 ## Page 37 Mary Whalen Attorney Survey 4a. How would you grade Judge Whalen on "Giving proceedings a sense of dignity?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 55% 69% 69% B 23% 19% 20% C 14% 6% 6% D 5% 2% 2% Fail 5% 2% 2% No Grade 0% 1% 1% Average 3.2 3.5 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 24 ## Page 38 Mary Whalen Attorney Survey 4b. How would you grade Judge Whalen on "Treating everyone involved politely?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 45% 68% 69% B 36% 16% 17% C 5% 7% 7% D 9% 3% 3% Fail 5% 4% 4% No Grade 0% 1% 1% Average 3.1 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 25 ## Page 39 Mary Whalen Attorney Survey 4c. How would you grade Judge Whalen on "Having empathy with the parties involved?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 41% 55% 55% B 23% 22% 22% C 14% 10% 10% D 14% 4% 4% Fail 5% 4% 4% No Grade 5% 5% 4% Average 2.9 3.3 3.3 Letter Grade B- B B Judicial Performance Survey 2008 Page 26 ## Page 40 Mary Whalen Attorney Survey 4d. How would you grade Judge Whalen on "Treating participants with respect?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 45% 67% 68% B 36% 17% 18% C 9% 8% 7% D 5% 4% 3% Fail 5% 3% 3% No Grade 0% 1% 1% Average 3.1 3.4 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 27 ## Page 41 Mary Whalen Attorney Survey 4e. How would you grade Judge Whalen on "Presenting a neutral presence on the bench?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 45% 65% 64% B 27% 19% 20% C 9% 8% 8% D 14% 4% 4% Fail 5% 4% 4% No Grade 0% 2% 1% Average 3.0 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 28 ## Page 42 Mary Whalen Attorney Survey 4f. How would you grade Judge Whalen on "Being consistent in [his/her] behavior?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 45% 64% 64% B 45% 20% 21% C 0% 7% 7% D 5% 3% 3% Fail 5% 3% 2% No Grade 0% 4% 4% Average 3.2 3.4 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 29 ## Page 43 Mary Whalen Attorney Survey 4g. How would you grade Judge Whalen on "Conducting [his/her] courtroom in a neutral manner?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 45% 65% 64% B 27% 18% 20% C 14% 7% 7% D 9% 3% 4% Fail 5% 3% 3% No Grade 0% 3% 2% Average 3.0 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 30 ## Page 44 Mary Whalen Attorney Survey 4h. How would you grade Judge Whalen on "Giving all participants an opportunity to be heard?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 45% 70% 70% B 18% 18% 19% C 14% 6% 6% D 9% 2% 2% Fail 9% 2% 2% No Grade 5% 2% 1% Average 2.9 3.5 3.6 Letter Grade B- B+ B+ Judicial Performance Survey 2008 Page 31 ## Page 45 Mary Whalen Attorney Survey 4i. How would you grade Judge Whalen on "Consistently applying laws and rules?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 41% 59% 59% B 36% 21% 21% C 5% 8% 8% D 9% 3% 3% Fail 0% 3% 3% No Grade 9% 6% 6% Average 3.2 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 32 ## Page 46 Mary Whalen Attorney Survey 4j. How would you grade Judge Whalen on "Not engaging in ex parte communications?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 45% 67% 64% B 14% 10% 12% C 0% 2% 3% D 0% 1% 1% Fail 0% 1% 1% No Grade 41% 19% 19% Average 3.8 3.7 3.7 Letter Grade A- A- A- Judicial Performance Survey 2008 Page 33 ## Page 47 Mary Whalen Attorney Survey 4k. How would you grade Judge Whalen on "Treating pro se parties fairly?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 24% 47% 51% B 10% 9% 11% C 5% 3% 3% D 0% 1% 1% Fail 5% 1% 1% No Grade 57% 40% 33% Average 3.1 3.7 3.6 Letter Grade B A- B+ Judicial Performance Survey 2008 Page 34 ## Page 48 Mary Whalen Attorney Survey 5a. How would you grade Judge Whalen on "Making tough decisions when necessary?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 45% 55% 53% B 27% 21% 22% C 0% 7% 7% D 0% 3% 3% Fail 0% 1% 2% No Grade 27% 12% 13% Average 3.6 3.4 3.4 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 35 ## Page 49 Mary Whalen Attorney Survey 5b. How would you grade Judge Whalen on "Using good judgment in application of relevant law and rules?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 36% 53% 54% B 18% 26% 26% C 27% 10% 9% D 5% 4% 4% Fail 5% 3% 3% No Grade 9% 4% 4% Average 2.9 3.3 3.3 Letter Grade B- B B Judicial Performance Survey 2008 Page 36 ## Page 50 Mary Whalen Attorney Survey 5c. How would you grade Judge Whalen on "Doing the necessary 'homework' and being prepared for [his/her] cases?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 36% 58% 56% B 36% 24% 24% C 5% 7% 8% D 9% 2% 2% Fail 0% 2% 2% No Grade 14% 6% 9% Average 3.2 3.4 3.4 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 37 ## Page 51 Mary Whalen Attorney Survey 5d. How would you grade Judge Whalen on "Being willing to handle cases on the docket even when they are complicated and time consuming?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 33% 56% 54% B 33% 18% 18% C 5% 5% 6% D 5% 2% 2% Fail 0% 1% 2% No Grade 24% 17% 19% Average 3.3 3.5 3.5 Letter Grade B B+ B+ Judicial Performance Survey 2008 Page 38 ## Page 52 Mary Whalen Attorney Survey 5e. How would you grade Judge Whalen on "Providing prompt access to the court in emergency matters?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 19% 40% 39% B 10% 13% 14% C 10% 5% 4% D 0% 1% 1% Fail 5% 1% 1% No Grade 57% 40% 40% Average 2.9 3.5 3.5 Letter Grade B- B+ B+ Judicial Performance Survey 2008 Page 39 ## Page 53 Mary Whalen Attorney Survey 6. How biased do you think Judge Whalen is towards the defense or the prosecution? Judge All District All Trial Whalen Judges 2008 Judges 2008 5 0% 2% 3% ⇑ 4 0% 3% 4% 3 0% 6% 7% 2 0% 9% 10% 1 0% 13% 14% 0 Neutral #### 54% 53% -1 0% 6% 4% -2 0% 3% 2% -3 0% 2% 2% -4 0% 2% 1% ⇓ -5 0% 1% 0% Average 0.0 0.4 0.7 noitucesorP drawoT esnefeD drawoT Judicial Performance Survey 2008 Page 40 ## Page 54 Mary Whalen Attorney Survey 7. How lenient or harsh do you think the sentences handed down by Judge Whalen are? Judge All District All Trial Whalen Judges 2008 Judges 2008 5 0% 2% 2% ⇑ 4 0% 3% 3% 3 0% 4% 4% 2 0% 7% 8% 1 0% 8% 10% 0 Appropriate 0% 56% 60% -1 0% 5% 4% -2 0% 5% 3% -3 0% 5% 3% -4 0% 2% 1% ⇓ -5 0% 2% 1% Average 0.1 0.3 hsraH oT thgiL oT Judicial Performance Survey 2008 Page 41 ## Page 55 Mary Whalen Attorney Survey 12. Do you recommend that Judge Whalen be retained in office or not be retained in office? Judge All District All Trial Whalen Judges 2008 Judges 2008 Strongly Recommend 63% 77% 77% Retain in office Somewhat Recommend 6% 13% 13% Retain in office Somewhat Recommend Not 19% 4% 4% Retain in office Strongly Recommend Not Retain in office 13% 6% 6% Judicial Performance Survey 2008 Page 42 ## Page 56 AAppppeellllaattee JJuuddggee SSuurrvveeyy ((SSaammppllee SSiizzee 2200)) ## Page 57 Mary Whalen Appellate Survey Overall Performance of Judge Whalen Judge All District Whalen Judges A 0% 28% B 5% 14% C 0% 3% D 0% 0% Fail 0% 0% No Grade 95% 55% Average 3.0 3.5 Letter Grade B B+ Judicial Performance Survey 2004 Page 1 ## Page 58 NNoonn--AAttttoorrnneeyy SSuurrvveeyy ((SSaammppllee SSiizzee 2233)) ## Page 59 Mary Whalen NNoonn-AAttttoorrnneeyy SSuurrvveeyy Average Grades: Overall and by Section 3.7 Overall Average 3.6 3.6 3.6 QQ11. OOvveerraallll DDeemmeeaannoorr 33.66 3.6 3.7 Q2. Overall Fairness 3.6 3.6 3.9 Q3. Overall 3.7 Communications 3.7 3.7 Q4. Overall Diligence 3.6 3.6 3.6 Q5. Overall Application of 3.6 Law 3.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 AAverage GGradde Mary Whalen All District Judges All Trial Judges Judicial Performance Survey 2008 Page 1 ## Page 60 Mary Whalen Non-Attorney Survey Average Grades: Demeanor 3.6 Q1. Overall Demeanor 3.6 3.6 33.88 1a. Giving court proceedings a 3.7 sense of dignity 3.6 3.6 1b. Treating participants politely 3.7 and with respect 3.6 3.5 1c. Conducting [his/her] 3.6 courtroom in a neutral manner 3.6 3.5 1d. Having a sense of compassion and human 3.6 understanding for those who appear before the judge 3.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Mary Whalen All District Judges All Trial Judges Judicial Performance Survey 2008 Page 2 ## Page 61 Mary Whalen NNoonn-AAttttoorrnneeyy SSuurrvveeyy Average Grades: Fairness 3.7 Q2. Overall Fairness 3.6 3.6 3.7 2a. Giving participants an 3.7 opportunity to be heard 3.6 3.6 2b. Treating those involved with 3.6 the case without bias 3.5 3.9 2c. Treating fairly people who 3.6 represent themselves 3.5 3.7 2d. Giving each side enough 3.7 time to present his or her case 33.66 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Mary Whalen All District Judges All Trial Judges Judicial Performance Survey 2008 Page 3 ## Page 62 Mary Whalen Non-Attorney Survey Average Grades: Communications 3.9 Q3. Overall Communications 3.7 3.7 3.9 3a. Making sure all participants understand the 3.7 proceedings, and what's going on in the courtroom 3.6 3.9 3b. Using language that 3.7 everyone can understand 3.7 3.9 3c. Speaking clearly so everyone in the courtroom can 3.7 hear what's being said 3.7 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Mary Whalen All District Judges All Trial Judges Judicial Performance Survey 2008 Page 4 ## Page 63 Mary Whalen Non-Attorney Survey Average Grades: Diligence 3.7 Q4. Overall Diligence 3.6 3.6 3.8 44a. BBegiinniing courtt on ttiime 33.55 3.4 3.6 4b. Maintaining appropriate 33..77 conttroll over proceeddiings 3.7 3.6 4c. Setting reasonable 3.6 sscchheedduulleess ffoorr ccaasseess 3.6 3.7 4d. Being prepared for [his/her] 3.7 cases 3.6 3.5 4e. Managing court proceedings so that there is 3.5 little wasted time 3.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Mary Whalen All District Judges All Trial Judges Judicial Performance Survey 2008 Page 5 ## Page 64 Mary Whalen Non-Attorney Survey Average Grades: Application and Knowledge of Law 3.6 Q5. Overall App of Law 3.6 3.5 3.6 5a. Giving reasons for rulings 3.6 3.5 3.7 5b. Willing to make decision without regard to possible 3.6 outside pressure 3.5 3.6 5c. Being able to identify and 3.6 analyze relevant facts 33.55 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Average Grade Mary Whalen All District Judges All Trial Judges Judicial Performance Survey 2008 Page 6 ## Page 65 Mary Whalen Non-Attorney Survey Average: How biased do you think Judge Whalen is toward the defense or prosecution? Mary Whalen -0.4 All District Judges 0.1 All Trial Judges 0.1 5 4 3 2 1 0 1 2 3 4 5 (cid:205) Defense Prosecution (cid:206) Judicial Performance Survey 2008 Page 7 ## Page 66 Mary Whalen Non-Attorney Survey Average: How lenient or how harsh are Judge Whalen's sentences? Maryy Whalen -0.7 All District Judges 0.0 All Trial Judges 0.0 5 4 3 2 1 0 1 2 3 4 5 (cid:205) Lenient Harsh (cid:206) Judicial Performance Survey 2008 Page 8 ## Page 67 Mary Whalen Non-Attorney Survey Retention Recommendation 100% 90% 90% 87% 86% 85% 81% 80% 78% 70% 60% 5500%% 40% 30% 20% 10% 8% 8% 7% 7%7% 7% 5% 5% 5% 5% 5% 5% 5% 4% 4% 2%2% 2%2% 0% 0% 0% Including Undecided Excluding Undecided Judge Whalen All District Judges All Trial Judges Judicial Performance Survey 2008 Page 9 ## Page 68 Mary Whalen Non-Attorney Survey 1a. How would you grade Judge Whalen on "Giving proceedings a sense of dignity?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 91% 76% 73% B 4% 16% 18% C 0% 3% 4% D 0% 2% 2% Fail 4% 1% 2% No Grade 0% 1% 1% Average 3.8 3.7 3.6 Letter Grade A- A- B+ Judicial Performance Survey 2008 Page 1 ## Page 69 Mary Whalen Non-Attorney Survey 1b. How would you grade Judge Whalen on "Treating participants politely and with respect?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 78% 79% 76% B 13% 13% 14% C 0% 4% 4% D 4% 1% 2% Fail 4% 2% 3% No Grade 0% 1% 1% Average 3.6 3.7 3.6 Letter Grade B+ A- B+ Judicial Performance Survey 2008 Page 2 ## Page 70 Mary Whalen Non-Attorney Survey 1c. How would you grade Judge Whalen on "Conducting [his/her] courtroom in a neutral manner?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 74% 77% 74% B 13% 13% 14% C 0% 4% 5% D 4% 2% 2% Fail 4% 2% 3% No Grade 4% 1% 1% Average 3.5 3.6 3.6 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 3 ## Page 71 Mary Whalen Non-Attorney Survey 1d. How would you grade Judge Whalen on "Having a sense of compassion and human understanding for those who appear before the judge?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 74% 71% 69% B 13% 17% 17% C 4% 4% 5% D 4% 2% 2% Fail 4% 3% 4% No Grade 0% 3% 3% Average 3.5 3.6 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 4 ## Page 72 Mary Whalen Non-Attorney Survey 2a. How would you grade Judge Whalen on "Giving participants an opportunity to be heard?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 78% 77% 75% B 13% 14% 14% C 4% 4% 4% D 4% 2% 2% Fail 0% 2% 3% No Grade 0% 2% 2% Average 3.7 3.7 3.6 Letter Grade A- A- B+ Judicial Performance Survey 2008 Page 5 ## Page 73 Mary Whalen Non-Attorney Survey 2b. How would you grade Judge Whalen on "Treating those involved in the case without bias?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 87% 75% 73% B 4% 14% 14% C 0% 3% 4% D 0% 2% 2% Fail 9% 3% 4% No Grade 0% 3% 3% Average 3.6 3.6 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 6 ## Page 74 Mary Whalen Non-Attorney Survey 2c. How would you grade Judge Whalen on "Treating fairly people who represent themselves?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 52% 47% 49% B 4% 8% 9% C 0% 2% 3% D 0% 1% 1% Fail 0% 2% 3% No Grade 43% 39% 35% Average 3.9 3.6 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 7 ## Page 75 Mary Whalen Non-Attorney Survey 2d. How would you grade Judge Whalen on "Giving each side enough time to present his or her case?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 83% 75% 72% B 9% 14% 14% C 4% 3% 4% D 4% 2% 2% Fail 0% 2% 3% No Grade 0% 5% 5% Average 3.7 3.7 3.6 Letter Grade A- A- B+ Judicial Performance Survey 2008 Page 8 ## Page 76 Mary Whalen Non-Attorney Survey 3a. How would you grade Judge Whalen on "Making sure participants understand the proceedings, and what's going on in the courtroom?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 91% 78% 76% B 4% 13% 14% C 4% 4% 5% D 0% 2% 2% Fail 0% 1% 2% No Grade 0% 2% 2% Average 3.9 3.7 3.6 Letter Grade A- A- B+ Judicial Performance Survey 2008 Page 9 ## Page 77 Mary Whalen Non-Attorney Survey 3b. How would you grade Judge Whalen on "Using language that everyone can understand?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 91% 78% 76% B 9% 16% 16% C 0% 4% 4% D 0% 1% 1% Fail 0% 1% 1% No Grade 0% 1% 1% Average 3.9 3.7 3.7 Letter Grade A- A- A- Judicial Performance Survey 2008 Page 10 ## Page 78 Mary Whalen Non-Attorney Survey 3c. How would you grade Judge Whalen on "Speaking clearly so everyone in the courtroom can hear what's being said?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 91% 79% 78% B 9% 14% 14% C 0% 4% 4% D 0% 1% 1% Fail 0% 1% 1% No Grade 0% 1% 1% Average 3.9 3.7 3.7 Letter Grade A- A- A- Judicial Performance Survey 2008 Page 11 ## Page 79 Mary Whalen Non-Attorney Survey 4a. How would you grade Judge Whalen on "Beginning court on time?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 82% 61% 61% B 18% 24% 24% C 0% 7% 8% D 0% 2% 2% Fail 0% 2% 2% No Grade 0% 4% 4% Average 3.8 3.5 3.4 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 12 ## Page 80 Mary Whalen Non-Attorney Survey 4b. How would you grade Judge Whalen on "Maintaining appropriate control over proceedings?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 73% 78% 77% B 14% 15% 15% C 5% 4% 4% D 5% 1% 1% Fail 0% 1% 1% No Grade 5% 2% 2% Average 3.6 3.7 3.7 Letter Grade B+ A- A- Judicial Performance Survey 2008 Page 13 ## Page 81 Mary Whalen Non-Attorney Survey 4c. How would you grade Judge Whalen on "Setting reasonable schedules for cases?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 65% 64% 62% B 22% 17% 17% C 9% 5% 5% D 0% 1% 1% Fail 0% 2% 2% No Grade 4% 12% 13% Average 3.6 3.6 3.6 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 14 ## Page 82 Mary Whalen Non-Attorney Survey 4d. How would you grade Judge Whalen on "Being prepared for [his/her] cases?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 83% 73% 71% B 4% 14% 14% C 4% 3% 4% D 0% 1% 1% Fail 4% 2% 2% No Grade 4% 7% 8% Average 3.7 3.7 3.6 Letter Grade A- A- B+ Judicial Performance Survey 2008 Page 15 ## Page 83 Mary Whalen Non-Attorney Survey 4e. How would you grade Judge Whalen on "Managing court proceedings so that there is little wasted time?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 68% 67% 66% B 18% 21% 20% C 5% 6% 7% D 0% 2% 2% Fail 5% 2% 2% No Grade 5% 3% 3% Average 3.5 3.5 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 16 ## Page 84 Mary Whalen Non-Attorney Survey 5a. How would you grade Judge Whalen on "Giving reasons for rulings?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 70% 67% 65% B 13% 16% 16% C 4% 4% 5% D 4% 2% 2% Fail 0% 2% 3% No Grade 9% 9% 9% Average 3.6 3.6 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 17 ## Page 85 Mary Whalen Non-Attorney Survey 5b. How would you grade Judge Whalen on "Willing to make decision without regard to possible outside pressure?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 70% 61% 59% B 9% 11% 12% C 0% 3% 4% D 0% 2% 2% Fail 4% 3% 3% No Grade 17% 20% 20% Average 3.7 3.6 3.5 Letter Grade A- B+ B+ Judicial Performance Survey 2008 Page 18 ## Page 86 Mary Whalen Non-Attorney Survey 5c. How would you grade Judge Whalen on "Being able to identify and analyze relevant facts?" Judge All District All Trial Whalen Judges 2008 Judges 2008 A 70% 68% 66% B 9% 13% 14% C 0% 3% 4% D 4% 2% 3% Fail 4% 3% 4% No Grade 13% 10% 10% Average 3.6 3.6 3.5 Letter Grade B+ B+ B+ Judicial Performance Survey 2008 Page 19 ## Page 87 Mary Whalen Non-Attorney Survey 6. How biased do you think Judge Whalen is towards the defense or the prosecution? Judge All District All Trial Whalen Judges 2008 Judges 2008 5 0% 1% 2% ⇑ 4 0% 1% 1% 3 0% 2% 2% 2 0% 2% 2% 1 0% 4% 5% 0 Neutral 80% 84% 82% -1 0% 2% 3% -2 20% 2% 1% -3 0% 1% 1% -4 0% 1% 1% ⇓ -5 0% 1% 1% Average -0.4 0.1 0.1 noitucesorP drawoT esnefeD drawoT Judicial Performance Survey 2008 Page 20 ## Page 88 Mary Whalen Non-Attorney Survey 7. How lenient or harsh do you think the sentences handed down by Judge Whalen are? Judge All District All Trial Whalen Judges 2008 Judges 2008 5 0% 2% 2% ⇑ 4 0% 1% 2% 3 0% 2% 2% 2 0% 2% 2% 1 0% 3% 3% 0 Appropriate 67% 78% 76% -1 0% 5% 5% -2 33% 4% 4% -3 0% 2% 2% -4 0% 1% 1% ⇓ -5 0% 1% 1% Average -0.7 0.0 0.0 hsraH oT thgiL oT Judicial Performance Survey 2008 Page 21 ## Page 89 Mary Whalen Non-Attorney Survey 12. Do you recommend that Judge Whalen be retained in office or not be retained in office? Judge All District All Trial Whalen Judges 2006 Judges 2008 Strongly Recommend 90% 87% 85% Retain in office Somewhat Recommend 0% 7% 8% Retain in office Somewhat Recommend Not 5% 2% 2% Retain in office Strongly Recommend Not Retain in office 5% 4% 5% Judicial Performance Survey 2008 Page 22 ## Page 90 MMeetthhooddoollooggyy ## Page 91 MMeetthhooddoollooggyy Sample: The databases of names and addresses of the people who had likely been in each judge’s courtroom were primarily provided by the Colorado Judicial Department, Colorado District Attorneys’ Council and the Denver County Courts. These three sources provided name and address data in 2005, 2006, 2007 and 2008. Starting in the second quarter of 2007, the data was provided quarterly. Where there were low sample counts, this data was supplemented by contacting district court administrators for additional sample of particular types of potential respondents. The data was then combined, duplicates removed and addresses corrected— quarterly starting in 2007. Depending on the available number of names and the count of already received surveys for a particular judge, either all or a random sample of names were drawn. Included in the data cleaning was the identification of potential respondents in the sample who had appeared in more than two judges’ courtrooms. Due to concerns about respondent fatigue, no more than two questionnaires were intended to be sent to any one respondent—though there were a few instances where one respondent did receive more than two questionnaires. Where a person had been in more than two judges’ courtrooms, the selection criteria for which judges he or she would be sent questionnaires was generally: first, for the judge in whose courtroom the potential respondent had been in most often, and two, the judge with the smallest sample of the judges in whose courtroom the potential respondent had appeared. Survey: Each person whose name was drawn was mailed an initial postcard informing the recipient that he or she would be receiving a questionnaire. Two to three weeks after the post card was mailed, the potential respondent would be sent a personalized introductory letter and a questionnaire with a postage-paid return envelope. Those who did not respond to the first questionnaire were then sent a sent follow-up postcard. If the person did not respond after the follow-up postcard, a second questionnaire and letter were sent and in some instances a second follow-up postcard was sent after the second letter and questionnaire. In order to increase the number of attorney responses, particularly for judges with few attorney responses, telephone interviews were conducted with attorneys who had not responded to the mailed questionnaires. Over 900 interviews were completed by telephone. 1 ## Page 92 Questionnaire: The questionnaire used in the 2008 Judicial Performance Survey asked respondents to use a grade of A, B, C, D, or F (Fail) to assess the judge’s performance in five different areas. For attorney respondents these areas were Case Management, Application and Knowledge of Law, Communications, Demeanor and Diligence, and for non-attorney respondents the five were Demeanor, Fairness, Communications, Diligence and Application of Law. These scores were then converted to a numerical value where A = 4, B = 3, C = 2, D = 1 and Fail = 0. Copies of the questionnaires are included at the end of this report. Response: The estimated response rate is calculated as the number of completed questionnaires divided by the number of eligible respondents who actually received a questionnaire. The following table shows the total number of questionnaires mailed, completed, non-responses & refusals, undeliverables and other responses. The table presents the estimated overall response rate as well as the response rate by the different types of respondents. The true response rates are likely considerably higher than shown because of the relatively high percentage of people who were mailed questionnaires about judges who they had not observed in court. This is due, in part, to many cases being disposed of without the parties having appeared in court, as well as in the case of law enforcement, the data includes all those who were subpoenaed for a case, not just those who appeared. A similar table showing the response counts and estimated cooperation rate for your survey is provided at the end of this methodology section. 2 ## Page 93 Total No Undeliverable/ Other Non- Cooperation Sent Response Not Applicable responses Completes Rate Attorneys Criminal District Attorneys 841 306 93 2 440 58.8% Defense Attorneys 1,082 341 102 2 637 65.0% Other Attorneys Crmnl 809 418 27 3 361 46.2% Civil Attorneys for Litigants 1,395 312 171 13 899 73.4% Other Attorneys Civil 598 280 53 2 263 48.3% Attorneys, Unknown Role 852 289 77 2 484 62.5% Total Attorneys 5,577 1,946 523 24 3,084 61.0% Non-attorneys Criminal Law Enforcement 8,170 5,431 1,417 34 1,288 19.1% Defendant 13,787 9,091 3,737 25 934 9.3% Victim 295 222 63 2 8 3.4% Witness 1,886 1,342 453 5 86 6.0% Other 5,396 3,532 1,301 43 520 12.7% Civil Litigant 6,552 4,390 1,109 21 1,032 19.0% Witness 46 31 5 0 10 24.4% Other 59 29 15 0 15 34.1% Non-attnys, Unknown Role 5,065 2,598 1,843 12 612 19.0% Total Non-attorneys 41,256 26,666 9,943 142 4,505 14.4% Others Appellate Judges 26 6 0 0 20 76.9% Jurors 10,214 4,940 460 22 4,792 49.1% Total Other 10,240 4,946 460 22 4,812 49.2% Total 57,073 33,558 10,926 188 12,401 26.9% 3 ## Page 94 Results: The results of the Survey are in three main sections: Attorney respondents, Appellate Judge respondents and Non-attorney respondents. Within the Attorney and Non-attorney section are subsections of graphs displaying average grades for each section of the questionnaire and each question and tables showing the percentage distribution of grades. The Appellate Judge section is new this year, and shows the percentage distribution of the grades given by the appellate judges on overall performance. 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 judges, and all trial judges for which 2008 surveys were conducted. Questions relating to bias toward the defense or prosecution, sentencing and retention recommendation are also graphed. Percentage Distribution of Grades: This section shows the percentage of each grade received on each question plus the bias, sentencing and retention questions. An average grade point for each graded question is computed and shown in the results section. A letter grade is also assigned to each grade point according to the following scale. A = 4.00 B = 3.00 to 3.33 C = 2.00 to 2.33 D = 1.00 to 1.33 A— = 3.67 to 3.99 B—= 2.67 to 2.99 C—= 1.67 to 1.99 D— = 0.67 to 0.99 B+ = 3.34 to 3.66 C+ = 2.34 to 2.66 D+ = 1.34 to 1.66 Fail = 0.00 to 0.66 This section also includes two comparative columns of results: one comparative column shows the results for that question for district judges surveyed in 2008, along with a second comparative column showing the results for all trial judges in the 2008 survey. Projectability: Most surveys seen by the public are surveys that are intended to be projectable, that is the results from the sample of people surveyed can be used to estimate a percentage or value of the population sampled with a known probability of error. For example, a pre-election poll of 500 likely Colorado voters is used to estimate the percentage of voters who will vote for Candidate A on election day, plus or minus some number of percentage points. The plus or minus amount is usually what is known as the 95%- confidence interval (the known probability of error), or what the media often refers to as the margin-of-error. The Colorado Judicial Performance Evaluation Survey is not projectable with a known probability of error because the results are calculated from a self- selecting sample that is self-selecting based on the content and subject matter of the survey. In other words, the potential respondent knows the purpose and content of the survey, and based on that, decides whether to respond to the survey. 4 ## Page 95 While projectability within a known probability of error is a highly desirable attribute of a survey, it is often not feasible to achieve. Commercial market research often uses nonprojectable (and small) samples—the most well known of which are for focus groups. Moreover, the federal courts have long accepted, and do not expect, projectable samples for market confusion surveys used in trademark litigation. In other words, one can still use the results of the Judicial Performance Evaluation Survey to estimate how everyone who has observed a judge in the courtroom would grade him or her, just not with a known probability of error. The Judicial Performance Evaluation Survey is a valuable means, perhaps the only practical means, for the Judicial Performance Commissions to have a summary of structured interviews with a number of people who have courtroom familiarity with the judge being evaluated, and who most often— albeit not always—are responding out of a desire to improve the performance of our state’s judicial system. 5 ## Page 96 Mary Whalen Responses by Type Total No Undeliverable/ Other Non- Coop Role Type Sent Response Not Applicable Responses Completes Rate Attorneys Criminal Defense Attorneys 1 0 1 0 0 0.0% Other Attorneys Criminal 6 3 0 0 3 50.0% Civil Attorneys for Litigants 31 5 6 2 18 72.0% Other Attorneys Civil 5 3 1 0 1 25.0% Total Attorneys 43 11 8 2 22 31.4% Non-attorneys Criminal Defendant 4 4 0 0 0 0.0% Civil Litigant 78 59 10 1 8 11.8% Other 1 0 0 0 1 100.0% Total Non-attorneys 83 63 10 1 9 86.3% Others Appellate Judges 26 6 0 0 20 76.9% Jurors 30 16 0 0 14 46.7% Total Others 56 22 0 0 34 39.3% Grand Total: 182 96 18 3 65 39.6% Judicial Performance Survey 2008 Page 1 ## Page 97 QQuueessttiioonnnnaaiirreess ## Page 98 Commission on Judicial Performance 10. And what would you say are Judge [Last Name]’s weaknesses? _ Attorney Questionnaire _ _ Evaluation of _ _ JUDGE [NAME] 11. Is there anything else that you would like to say about Judge [Last Name]? _ Using a grade scale, where an “A” is excellent along with B, C, D or F for fail, _ please grade the judge on the following. (If you feel that you don not have _ experience with the judge in a specific area, or just don’t know, please circle the _ number corresponding to “Don’t Know/Not Applicable”—DK/NS). _ DK 1. Case Management: A B C D F N/A 12. Keeping in mind your responses to each of the previous questions, how a. Promptly making rulings during trial. 4 3 2 1 0 9 strongly do you recommend that Judge [Last Name] be retained in office, or not retained in office? b. Beginning court on time. 4 3 2 1 0 9 c. Allotting appropriate amount of time for cases. 4 3 2 1 0 9 Strongly recommend he be retained in office. 5 Somewhat recommend he be retained in office . 4 d. Keeping cases moving according to schedule. 4 3 2 1 0 9 Undecided or don’t know enough to make recommendation . 3 e. [Civil only]1 Assisting parties to reach agreement. 4 3 2 1 0 9 Somewhat recommend he not be retained in office . 2 f. Maintaining appropriate control over proceedings. 4 3 2 1 0 9 Strongly recommend he not be retained in office . 1 g. Promptly ruling on pre-trial motions. 4 3 2 1 0 9 And why do you think that way about retaining or not retaining Judge [Last h. Promptly issuing a decision on the case after trial. 4 3 2 1 0 9 Name]? i. Setting reasonable schedules for cases. 4 3 2 1 0 9 _ DK _ 2. Application and Knowledge of Law: A B C D F N/A _ a. Basing decisions on evidence and arguments. 4 3 2 1 0 9 _ b. Giving reasons for rulings. 4 3 2 1 0 9 _ _ c. [Civil only]1 Issuing written findings of fact and law. 4 3 2 1 0 9 d. Willing to reconsider error in fact or law. 4 3 2 1 0 9 e. Having knowledge of relevant substantive law. 4 3 2 1 0 9 Thank you for your time in completing this questionnaire. f. Having knowledge of rules of procedure Please place it in the self-addressed, postage paid enveloped and evidence. 4 3 2 1 0 9 provided, and place it in the mail. Your participation in this g. Being able to identify and analyze relevant facts. 4 3 2 1 0 9 survey is very much appreciated. h. [Criminal only]2 Issuing consistent sentences when the circumstances are similar. 4 3 2 1 0 9 i. Willing to make decisions without regard to possible criticism. 4 3 2 1 0 9 j. Making decisions without fear of being appealed . 4 3 2 1 0 9 DK 1 Please answer questions 1e & 2c only if you have observed the judge in a civil case. 2 Please answer question 2h only if you have observed the judge in a criminal case. ## Page 99 3. Communications: A B C D F N/A 6. [Criminal cases only] 1 On the scale below, please indicate by circling the a. Speaking clearly. 4 3 2 1 0 9 appropriate number how biased you think Judge [Last Name] is toward b. Makings sure all participants understand the defense or the prosecution. If you feel Judge [Last Name] is the proceedings. 4 3 2 1 0 9 completely unbiased, circle “0.” c. Using understandable language. 4 3 2 1 0 9 Bias toward Completely Bias toward Defense Neutral Prosecution d. Providing written communications that are clear, thorough and well reasoned. 4 3 2 1 0 9 5 4 3 2 1 0 1 2 3 4 5 DK 7. [Criminal cases only]1 On the scale below, please indicate by circling the 4. Demeanor: A B C D F N/A appropriate number how lenient or how harsh you think the sentences a. Giving proceedings a sense of dignity. 4 3 2 1 0 9 generally handed down by Judge [Last Name] are. If you feel Judge [Last b. Treating everyone involved politely. 4 3 2 1 0 9 Name] generally hands down appropriate sentences, circle “0.” c. Having empathy with the parties involved. 4 3 2 1 0 9 Sentences Appropriate Sentences d. Treating participants with respect. 4 3 2 1 0 9 Too Light Sentences Too Harsh e. Presenting a neutral presence on the bench. 4 3 2 1 0 9 5 4 3 2 1 0 1 2 3 4 5 f. Being consistent in his/her behavior 4 3 2 1 0 9 g. Conducting his/her courtroom in a neutral manner. 4 3 2 1 0 9 Though your name will never be associated with your answers, because the judge will h. Giving all participants an opportunity to be heard. 4 3 2 1 0 9 see a typed transcript of the comments that you and others write, it is important that i. Consistently applying laws and rules. 4 3 2 1 0 9 you do not include information in the comments below that would unintentionally identify you as the author. j. Not engaging in ex parte communications 4 3 2 1 0 9 k. Treating pro se parties fairly. 4 3 2 1 0 9 8. If an associate were assigned to Judge [Last Name] in a case and asked you for advice, what would you say? DK ________________________________________________________ 5. Diligence: A B C D F N/A ________________________________________________________ a. Making tough decisions when necessary. 4 3 2 1 0 9 ________________________________________________________ b. Using good judgment in application of relevant ________________________________________________________ law and rules. 4 3 2 1 0 9 ________________________________________________________ c. Doing the necessary “homework” and being 9. What would you say are Judge [Last Name]’s strengths? prepared for his/her cases. 4 3 2 1 0 9 ___________________________________________________________ d. Being willing to handle cases on the docket even ___________________________________________________________ when they are complicated and time consuming. 4 3 2 1 0 9 ___________________________________________________________ e. Providing prompt access to the court ___________________________________________________________ in emergency matters. 4 3 2 1 0 9 ___________________________________________________________ [Continued on Back Page] {Question 3d is asked only regarding district judges.} 1 Please answer questions 6 & 7 only if you have observed the judge in a criminal case. ## Page 100 12. Keeping in mind your responses to each of the previous questions, how Commission on Judicial Performance strongly do you recommend that Judge [Last Name] be retained in office, or not retained in office? Strongly recommend he/she be retained in office ................................ 5 Evaluation of Somewhat recommend he/she be retained in office ............................ 4 JUDGE[NAME] Undecided or don’t know enough to make recommendation ............. 3 Somewhat recommend he/she not be retained in office ..................... 2 Strongly recommend he/she not be retained in office ......................... 1 Using a grade scale, where an “A” is excellent along with B, C, D or F for fail, please grade the judge on the following. (If you feel that you don’t have experience with the judge in a specific area, or just don’t know, please circle the And why do you think that way about retaining or not retaining Judge number corresponding to “Don’t Know/Not Applicable”—DK/NA). [Last Name]? _____________________________________________________________ DK _____________________________________________________________ 1. Demeanor: A B C D F N/A _____________________________________________________________ _____________________________________________________________ a. Giving court proceedings a sense of dignity. 4 3 2 1 0 9 _____________________________________________________________ b. Treating participants in the case politely _____________________________________________________________ and with respect. 4 3 2 1 0 9 c. Conducting his/her courtroom in a neutral manner. 4 3 2 1 0 9 d. Having a sense of compassion and human Thank you for you time in completing this questionnaire. Please understanding for those who appear place it in the self-addressed, postage paid enveloped provided, before him/her. 4 3 2 1 0 9 and place it in the mail. Your participation in this survey is very much appreciated. DK 2. Fairness: A B C D F N/A a. Giving participants an opportunity to be heard. 4 3 2 1 0 9 b. Treating those involved in the case without bias. 4 3 2 1 0 9 c. Treating fairly people who represent themselves. 4 3 2 1 0 9 d. Giving each side enough time to present his or her case. 4 3 2 1 0 9 DK 3. Communications: A B C D F N/A a. Makings sure participants understand the proceedings, and what’s going on in the courtroom. 4 3 2 1 0 9 b. Using language that everyone can understand. 4 3 2 1 0 9 c. Speaking clearly so everyone in the courtroom can hear what’s being said. 4 3 2 1 0 9 ## Page 101 DK Though your name will never be associated with your answers, because the judge will 4. Diligence: A B C D F N/A see a typed transcript of the comments that you and others write, it is important that a. Beginning court on time. 4 3 2 1 0 9 you do not include information in the comments below that would unintentionally identify you as the author. b. Maintaining appropriate control over proceedings. 4 3 2 1 0 9 8. If a friend of yours was scheduled to appear before Judge [Last Name] c. Setting reasonable schedules for cases. 4 3 2 1 0 9 as a party in either a civil or criminal case and asked you for advice, what d. Being prepared for his/her cases. 4 3 2 1 0 9 would you tell your friend about Judge [Last Name] ? e. Managing court proceedings so that there is _ little wasted time. 4 3 2 1 0 9 _ _ _ DK _ 5. Application of Law: A B C D F N/A _ a. Giving reasons for rulings. 4 3 2 1 0 9 b. Willing to make decision without regard to 9. What would you say are Judge [Last Name]’s strengths? possible outside pressure. 4 3 2 1 0 9 _ c. Being able to identify and analyze relevant facts. 4 3 2 1 0 9 _ _ _ _ 6. [If you were in [Last Name]’s courtroom during a criminal case or _ cases please answer this question, otherwise skip to the next question.] On the scale below, please indicate by circling the appropriate number how biased you think Judge [Last Name] is toward the defense or 10. And what would you say are Judge [Last Name]’s weaknesses? the prosecution. If you feel Judge [Last Name] is completely unbiased, _ circle “0.” _ _ Bias toward Completely Bias toward _ Defense Neutral Prosecution _ 5 4 3 2 1 0 1 2 3 4 5 _ 7. [If you were in [Last Name]’s courtroom during a criminal case or 11. Is there anything else that you would like to say about Judge cases please answer this question, otherwise skip to the next [Last Name] ? question.] On the scale below, please indicate by circling the appropriate _ number how lenient or how harsh you think the sentences generally handed _ down by [Last Name] are. If you feel Judge [Last Name] generally hands _ down appropriate sentences, circle “0.” _ Sentences Appropriate Sentences _ Too Light Sentences Too Harsh _ 5 4 3 2 1 0 1 2 3 4 5 Continued on Back Page

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