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State of Colorado Logo COMMISSION ON JUDICIAL PERFORMANCE The Honorable Jerry N. Jones 2008 Judicial Performance Survey
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The Honorable Jerry N. Jones...Jerry N. Jones Attorney Survey 3.4 Overall average of 2a through 2l Overall Average Grade and Average by Question 3.3 3.4 3.3 3.3 3.4 2b. Writing opinions

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Page 1: The Honorable Jerry N. Jones...Jerry N. Jones Attorney Survey 3.4 Overall average of 2a through 2l Overall Average Grade and Average by Question 3.3 3.4 3.3 3.3 3.4 2b. Writing opinions

State of Colorado Logo

COMMISSION ON JUDICIAL PERFORMANCE

TThhee HHoonnoorraabbllee JJeerrrryy NN.. JJoonneess 2008 Judicial Performance Survey

Page 2: The Honorable Jerry N. Jones...Jerry N. Jones Attorney Survey 3.4 Overall average of 2a through 2l Overall Average Grade and Average by Question 3.3 3.4 3.3 3.3 3.4 2b. Writing opinions

100 Arapahoe, Su i te One, Bou lder , CO 80302 P h o n e 3 0 3 . 4 4 3 . 5 3 0 0 Fax 3 0 3 . 4 4 7 . 9 3 8 6

April 30, 2008

The Honorable Jerry N. Jones Colorado Court of Appeals Colorado State Judicial Bldg. 2 East 14th Avenue Denver, CO. 80203

Dear Judge Jones :

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:

Page 3: The Honorable Jerry N. Jones...Jerry N. Jones Attorney Survey 3.4 Overall average of 2a through 2l Overall Average Grade and Average by Question 3.3 3.4 3.3 3.3 3.4 2b. Writing opinions

AAttttoorrnneeyy SSuurrvveeyy ((SSaammppllee SSiizzee 4477))

Page 4: The Honorable Jerry N. Jones...Jerry N. Jones Attorney Survey 3.4 Overall average of 2a through 2l Overall Average Grade and Average by Question 3.3 3.4 3.3 3.3 3.4 2b. Writing opinions

Jerry N. JonesAttorney Survey

3.4Overall average of 2a through 2l

Overall Average Grade and Average by Question

3.3

3.4

3.3

3.3

3.4

2b. Writing opinions that are clear.

2a. Being fair and impartial toward each side of the case.

Overall average of 2a through 2l

3 5

3.4

3.2

3.6

3.4

3.3

2e. Allowing parties to present their arguments and answer questions.

2d. Issuing opinions in a timely manner.

2c. Writing opinions that adequately explain the basis of the Court's decision.

3.0

3.5

3.5

3 3

3.1

3.2

2g. Making reasoned decisions based upon the law and facts.

2f. Making decisions without regard to possible criticism.

questions.

3.7

3.7

3.1

3.7

3.7

3.3

2j. Being courteous toward attorneys.

2i. Treating parties equally regardless of race, sex or economic status.

2h. Refraining from reaching issues that need not be decided.

3.6

3.9

3.6

3.8

2.0 2.5 3.0 3.5 4.0

2l. Being prepared for oral argument.

2k. Not engaging in ex parte communications.

2.0 2.5 3.0 3.5 4.0

Average GradeJudge Jones 2008 Appellate Judges except Judge Jones

Judicial Performance Survey 2008 Page 1

Page 5: The Honorable Jerry N. Jones...Jerry N. Jones Attorney Survey 3.4 Overall average of 2a through 2l Overall Average Grade and Average by Question 3.3 3.4 3.3 3.3 3.4 2b. Writing opinions

Jerry N. JonesAttorney Survey

100%

Retention Recommendation

75%80%

90%

53%

64%62%

50%

60%

70%

26%

31%30%

40%

0%

4%

17%

0%

5%5% 5%

16%

11%

6% 6%

13%

10%

20%

0%

Including Undecided Excluding Undecided

Judge Jones 2008 Appellate Judges except Judge Jones

Judicial Performance Survey 2008 Page 2

Page 6: The Honorable Jerry N. Jones...Jerry N. Jones Attorney Survey 3.4 Overall average of 2a through 2l Overall Average Grade and Average by Question 3.3 3.4 3.3 3.3 3.4 2b. Writing opinions

Jerry N. JonesAttorney Survey

2a. How would you grade Judge Jones on "Being fair and impartial toward each side of the case?"

54%

22%

11%

4%

0%

9%

3.4

B+

A

B

C

D

Fail

No Grade

Average

Letter Grade

Jones

59%

19%

8%

4%

2%

7%

3.4

B+

2008 Appellate Judges except

Judge JonesJudge

Page 1Judicial Performance Survey 2008

Page 7: The Honorable Jerry N. Jones...Jerry N. Jones Attorney Survey 3.4 Overall average of 2a through 2l Overall Average Grade and Average by Question 3.3 3.4 3.3 3.3 3.4 2b. Writing opinions

Jerry N. JonesAttorney Survey

2b. How would you grade Judge Jones on "Writing opinions that are clear?"

45%

36%

11%

2%

0%

6%

3.3

B

A

B

C

D

Fail

No Grade

Average

Letter Grade

Jones

51%

28%

10%

6%

1%

4%

3.3

B

2008 Appellate Judges except

Judge JonesJudge

Page 2Judicial Performance Survey 2008

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Jerry N. JonesAttorney Survey

2c. How would you grade Judge Jones on "Writing opinions that adequately explain the basis of the Court's decision?"

45%

43%

6%

2%

2%

2%

3.3

B

A

B

C

D

Fail

No Grade

Average

Letter Grade

Jones

48%

28%

11%

6%

3%

4%

3.2

B

2008 Appellate Judges except

Judge JonesJudge

Page 3Judicial Performance Survey 2008

Page 9: The Honorable Jerry N. Jones...Jerry N. Jones Attorney Survey 3.4 Overall average of 2a through 2l Overall Average Grade and Average by Question 3.3 3.4 3.3 3.3 3.4 2b. Writing opinions

Jerry N. JonesAttorney Survey

2d. How would you grade Judge Jones on "Issuing opinions in a timely manner?"

53%

28%

17%

0%

0%

2%

3.4

B+

A

B

C

D

Fail

No Grade

Average

Letter Grade

Jones

50%

33%

8%

3%

0%

6%

3.4

B+

2008 Appellate Judges except

Judge JonesJudge

Page 4Judicial Performance Survey 2008

Page 10: The Honorable Jerry N. Jones...Jerry N. Jones Attorney Survey 3.4 Overall average of 2a through 2l Overall Average Grade and Average by Question 3.3 3.4 3.3 3.3 3.4 2b. Writing opinions

Jerry N. JonesAttorney Survey

2e. How would you grade Judge Jones on "Allowing parties to present their arguments and answer questions?"

49%

19%

4%

0%

0%

28%

3.6

B+

A

B

C

D

Fail

No Grade

Average

Letter Grade

Jones

50%

18%

3%

3%

1%

24%

3.5

B+

2008 Appellate Judges except

Judge JonesJudge

Page 5Judicial Performance Survey 2008

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Jerry N. JonesAttorney Survey

2f. How would you grade Judge Jones on "Making decisions without regard to possible criticism?"

36%

21%

4%

2%

4%

32%

3.2

B

A

B

C

D

Fail

No Grade

Average

Letter Grade

Jones

51%

14%

7%

2%

2%

25%

3.5

B+

2008 Appellate Judges except

Judge JonesJudge

Page 6Judicial Performance Survey 2008

Page 12: The Honorable Jerry N. Jones...Jerry N. Jones Attorney Survey 3.4 Overall average of 2a through 2l Overall Average Grade and Average by Question 3.3 3.4 3.3 3.3 3.4 2b. Writing opinions

Jerry N. JonesAttorney Survey

2g. How would you grade Judge Jones on "Making reasoned decisions based upon the law and facts?"

45%

30%

15%

11%

0%

0%

3.1

B

A

B

C

D

Fail

No Grade

Average

Letter Grade

Jones

51%

21%

12%

7%

7%

1%

3.0

B

2008 Appellate Judges except

Judge JonesJudge

Page 7Judicial Performance Survey 2008

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Jerry N. JonesAttorney Survey

2h. How would you grade Judge Jones on "Refraining from reaching issues that need not be decided?"

40%

23%

9%

0%

2%

26%

3.3

B

A

B

C

D

Fail

No Grade

Average

Letter Grade

Jones

44%

21%

13%

3%

5%

14%

3.1

B

2008 Appellate Judges except

Judge JonesJudge

Page 8Judicial Performance Survey 2008

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Jerry N. JonesAttorney Survey

2i. How would you grade Judge Jones on "Treating parties equally regardless of race, sex or economic status?"

57%

13%

4%

0%

0%

26%

3.7

A-

A

B

C

D

Fail

No Grade

Average

Letter Grade

Jones

57%

9%

2%

1%

1%

29%

3.7

A-

2008 Appellate Judges except

Judge JonesJudge

Page 9Judicial Performance Survey 2008

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Jerry N. JonesAttorney Survey

2j. How would you grade Judge Jones on "Being courteous toward attorneys?"

51%

19%

2%

0%

0%

28%

3.7

A-

A

B

C

D

Fail

No Grade

Average

Letter Grade

Jones

58%

16%

3%

1%

0%

23%

3.7

A-

2008 Appellate Judges except

Judge JonesJudge

Page 10Judicial Performance Survey 2008

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Jerry N. JonesAttorney Survey

2k. How would you grade Judge Jones on "Not engaging in ex parte communications?"

47%

9%

0%

0%

0%

45%

3.8

A-

A

B

C

D

Fail

No Grade

Average

Letter Grade

Jones

48%

5%

1%

0%

0%

47%

3.9

A-

2008 Appellate Judges except

Judge JonesJudge

Page 11Judicial Performance Survey 2008

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Jerry N. JonesAttorney Survey

2l. How would you grade Judge Jones on "Being prepared for oral argument?"

47%

13%

6%

0%

0%

34%

3.6

B+

A

B

C

D

Fail

No Grade

Average

Letter Grade

Jones

51%

14%

4%

2%

1%

29%

3.6

B+

2008 Appellate Judges except

Judge JonesJudge

Page 12Judicial Performance Survey 2008

Page 18: The Honorable Jerry N. Jones...Jerry N. Jones Attorney Survey 3.4 Overall average of 2a through 2l Overall Average Grade and Average by Question 3.3 3.4 3.3 3.3 3.4 2b. Writing opinions

Jerry N. JonesAttorney Survey

4. How strongly do you recommend that Judge Jones be retained or not be retained in office?

64%

31%

5%

0%

Jones

75%

13%

6%

6%

Strongly Recommend Retain in office

Somewhat Recommend Retain in office

Somewhat Recommend Not Retain in office

Strongly Recommend Not Retain in office

2008 Appellate Judges except

Judge JonesJudge

Page 13Judicial Performance Survey 2008

Page 19: The Honorable Jerry N. Jones...Jerry N. Jones Attorney Survey 3.4 Overall average of 2a through 2l Overall Average Grade and Average by Question 3.3 3.4 3.3 3.3 3.4 2b. Writing opinions

DDiissttrriicctt JJuuddggee SSuurrvveeyy ((SSaammppllee SSiizzee 110077))

Page 20: The Honorable Jerry N. Jones...Jerry N. Jones Attorney Survey 3.4 Overall average of 2a through 2l Overall Average Grade and Average by Question 3.3 3.4 3.3 3.3 3.4 2b. Writing opinions

Jerry N JonesJerry N. JonesSurvey of Judges

Overall Average Grade and Average by Question

3 7

3.7

3.7

3.7

1. Being fair and impartial toward each side in a case.

Overall average of 1 through 9

3.6

3.5

3.7

3.7

3.6

3. Writing opinions that adequately explain the basis of the Court's decision.

2. Writing opinions that are clear.

3.8

3.6

3.6

3.8

3.7

5. Making decisions without regard to possible criticism.

4. Issuing opinions in a timely manner.

3.7

3.6

3.7

3.6

7. Refraining from reaching issues that need not be decided.

6. Making reasoned decisions based upon the law and facts.

3.9

3.9

3.9

3.9

9. Not engaging in ex parte communications.

8. Treating parties equally regardless of race, sex or economic status.

2.0 2.5 3.0 3.5 4.0

Average GradeJudge Jones 2008 Appellate Judges except Judge Jones

Judicial Performance Survey 2008 Page 1

Page 21: The Honorable Jerry N. Jones...Jerry N. Jones Attorney Survey 3.4 Overall average of 2a through 2l Overall Average Grade and Average by Question 3.3 3.4 3.3 3.3 3.4 2b. Writing opinions

Jerry N JonesJerry N. JonesSurvey of Judges

Retention Recommendation

83%82%

80%

90%

100%

61%

67%

60%

70%

80%

26%30%

40%

50%

0% 0%

26%

13%

0% 0%

17%

0%2%

18%

13%

0%2%

16%

10%

20%

0% 0% 0% 0%0% 0%0%

Including Undecided Excluding Undecided

Judge Jones 2008 Appellate Judges except Judge Jones

Judicial Performance Survey 2008 Page 2

Page 22: The Honorable Jerry N. Jones...Jerry N. Jones Attorney Survey 3.4 Overall average of 2a through 2l Overall Average Grade and Average by Question 3.3 3.4 3.3 3.3 3.4 2b. Writing opinions

Jerry N. JonesSurvey of Judges

1. How would you grade Judge Jones on "Being fair and impartial toward each side in a case?"

50%

16%

1%

0%

0%

34%

3.7

A-

A

B

C

D

Fail

No Grade

Average

Letter Grade

Jones

57%

14%

3%

0%

0%

26%

3.7

A-

2008 Appellate Judges except

Judge JonesJudge

Page 1Judicial Performance Survey 2008

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Jerry N. JonesSurvey of Judges

2. How would you grade Judge Jones on "Writing opinions that are clear?"

43%

24%

1%

0%

0%

32%

3.6

B+

A

B

C

D

Fail

No Grade

Average

Letter Grade

Jones

47%

27%

5%

1%

0%

20%

3.5

B+

2008 Appellate Judges except

Judge JonesJudge

Page 2Judicial Performance Survey 2008

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Jerry N. JonesSurvey of Judges

3. How would you grade Judge Jones on "Writing opinions that adequately explain the basis of the Court's decision?"

46%

24%

0%

0%

0%

30%

3.7

A-

A

B

C

D

Fail

No Grade

Average

Letter Grade

Jones

53%

22%

3%

1%

0%

20%

3.6

B+

2008 Appellate Judges except

Judge JonesJudge

Page 3Judicial Performance Survey 2008

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Jerry N. JonesSurvey of Judges

4. How would you grade Judge Jones on "Issuing opinions in a timely manner?"

41%

16%

1%

0%

0%

43%

3.7

A-

A

B

C

D

Fail

No Grade

Average

Letter Grade

Jones

37%

19%

3%

0%

0%

40%

3.6

B+

2008 Appellate Judges except

Judge JonesJudge

Page 4Judicial Performance Survey 2008

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Jerry N. JonesSurvey of Judges

5. How would you grade Judge Jones on "Making decisions without regard to possible criticism?"

57%

10%

1%

0%

0%

32%

3.8

A-

A

B

C

D

Fail

No Grade

Average

Letter Grade

Jones

63%

11%

2%

0%

0%

25%

3.8

A-

2008 Appellate Judges except

Judge JonesJudge

Page 5Judicial Performance Survey 2008

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Jerry N. JonesSurvey of Judges

6. How would you grade Judge Jones on "Making reasoned decision based upon the law and facts?"

48%

22%

2%

0%

0%

28%

3.6

B+

A

B

C

D

Fail

No Grade

Average

Letter Grade

Jones

54%

22%

4%

1%

0%

19%

3.6

B+

2008 Appellate Judges except

Judge JonesJudge

Page 6Judicial Performance Survey 2008

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Jerry N. JonesSurvey of Judges

7. How would you grade Judge Jones on "Refraining from reaching issues that need not be decided?"

48%

16%

1%

0%

0%

35%

3.7

A-

A

B

C

D

Fail

No Grade

Average

Letter Grade

Jones

52%

18%

2%

1%

0%

27%

3.7

A-

2008 Appellate Judges except

Judge JonesJudge

Page 7Judicial Performance Survey 2008

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Jerry N. JonesSurvey of Judges

8. How would you grade Judge Jones on "Treating parties equally regardless of race, sex or economic status?"

71%

7%

1%

0%

0%

21%

3.9

A-

A

B

C

D

Fail

No Grade

Average

Letter Grade

Jones

62%

6%

1%

0%

0%

31%

3.9

A-

2008 Appellate Judges except

Judge JonesJudge

Page 8Judicial Performance Survey 2008

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Jerry N. JonesSurvey of Judges

9. How would you grade Judge Jones on "Not engaging in ex parte communications?"

47%

4%

0%

0%

0%

50%

3.9

A-

A

B

C

D

Fail

No Grade

Average

Letter Grade

Jones

49%

4%

0%

0%

0%

47%

3.9

A-

2008 Appellate Judges except

Judge JonesJudge

Page 9Judicial Performance Survey 2008

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Jerry N. JonesSurvey of Judges

10. How strongly do you recommend that Judge Jones be retained or not be retained in office?

83%

17%

0%

0%

Jones

82%

16%

2%

0%

Strongly Recommend Retain in office

Somewhat Recommend Retain in office

10.

Somewhat Recommend Not Retain in office

Strongly Recommend Not Retain in office

2008 Appellate Judges except

Judge JonesJudge

Page 10Judicial Performance Survey 2008

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MMeetthhooddoollooggyy

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1

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

Respondent Type Total Sent No

Response Undeliverable Other Completed Response

Rate Attorneys 838 324 139 21 354 50.6% Judges 178 64 7 0 107 62.6%

Response Rate for Judge Jones

Respondent Type Total Sent No

Response Undeliverable Other Completed Response

Rate Attorneys 121 48 21 5 47 47.0% Judges 178 64 7 0 107 62.6%

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2

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.

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.

A = 4.00 B = 3.00 to 3.33 C = 2.00 to 2.33 D = 1.00 to 1.33A— = 3.68 to 3.99 B— = 2.67 to 2.99 C— = 1.67 to 1.99 D— = 0.67 to 0.99B+ = 3.34 to 3.66 C+ = 2.34 to 2.66 D+ = 1.34 to 1.66 Fail = 0.00 to 0.67

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3

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.

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Additional Comments

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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

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2. Using a grade scale, where an “A” is excellent along with B, C, D or F for fail, please grade the Judge [Last Name] on the following. If, for a 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 and answer questions. 4 3 2 1 0 9

f. Making decisions without regard to possible criticism. 4 3 2 1 0 9

g. Making reasoned decisions based upon the law and facts. 4 3 2 1 0 9

h. Refraining from reaching issues that need not be decided. 4 3 2 1 0 9

i. Treating parties equally regardless of race, sex or economic status. 4 3 2 1 0 9

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

survey is very much appreciated.

3. Comments about Judge [Last Name]’s relating to any of your responses to the previous questions?

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4. Keeping in mind your responses to each of the previous questions, how strongly do you recommend that Judge [Last Name] be retained in office, or not retained in office?

Strongly recommend he/she be retained in office ....................... 5 Somewhat recommend he/she be retained in office ................... 4 Undecided or don’t know enough to make recommendation ..... 3 Somewhat recommend he/she not be retained in office ............ 2 Strongly recommend he/she not be retained in office ................ 1

And why do you think that way about retaining or not retaining Judge [Last Name]?

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Please use back page for any additional comments.

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Page 12

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.

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Please mail the completed questionnaire in the enclosed postage-paid envelope.

Thank you.

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 poorly on that aspect of the job and an “F” indicates that 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 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.

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Page 2 Page 11

1. Being fair and impartial toward each side in a case.

No 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

2. Writing opinions that are clear.

No 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

H. Please write comments you would like to make about Judge Sandra I. Rothenberg in the space below. If you would like to make more comments than space allows, feel free to attach a sheet with additional comments.

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I. Please write comments you would like to make about Judge Diana L. Terry in the space below. If you would like to make more comments than space allows, feel free to attach a sheet with additional comments.

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Continued on Back Page

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F. Please write comments you would like to make about Judge Jerry N. Jones in the space below. If you would like to make more comments than space allows, feel free to attach a sheet with additional comments.

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G. Please write comments you would like to make about Judge Gilbert Roman in the space below. If you would like to make more comments than space allows, feel free to attach a sheet with additional comments.

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3. Writing opinions that adequately explain the basis of the Court’s decision.

No 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.

No 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

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5. Making decisions without regard to possible criticism.

No 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

6. Making reasoned decisions based upon the law and facts.

No 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

D. Please write comments you would like to make about Judge David M. Furman in the space below. If you would like to make more comments than space allows, feel free to attach a sheet with additional comments.

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E. Please write comments you would like to make about Judge Robert D. Hawthorne in the space below. If you would like to make more comments than space allows, feel free to attach a sheet with additional comments.

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B. Please write comments you would like to make about Justice Gregory J. Hobbs in the space below. If you would like to make more comments than space allows, feel free to attach a sheet with additional comments.

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C. Please write comments you would like to make about Judge Steven L. Bernard in the space below. If you would like to make more comments than space allows, feel free to attach a sheet with additional comments.

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7. Refraining from reaching issues that need not be decided.

No 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

8. Treating parties equally regardless of race, sex or economic status.

No 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

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9. Not engaging in ex parte communications.

No 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

10. Recommend to be retained/not retained in office.

Justice Justice Eid Hobbs

Strongly recommend to retain ............. 5 5

Somewhat recommend to retain ......... 4 4

Undecided or don’t know enough

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

10. [Continued] Judge Judge Judge Jones Roman Rothenberg 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

Judge Judge

Terry Vogt Strongly recommend to retain ............. 5 5

Somewhat recommend to retain ......... 4 4

Undecided or don’t know enough

to make recommendation ............... 3 3

Somewhat recommend not retain ....... 2 2

Strongly recommend not retain .......... 1 1

A. Please write comments you would like to make about Justice Allison H. Eid in the space below. If you would like to make more comments than space allows, feel free to attach a sheet with additional comments.

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