Dst 04 Karla J. Hansen 2008

7/31/2019 Dst 04 Karla J. Hansen 2008

1/98

C MMISSI

008 J

State o

N ON J

aarrllaadicial

Colorado L

DICIAL

JJ.. HHerfor

ogo

PERFO

nnsseennance S

MANCE

rvey


2/98

April 30, 2008

The Honorable Karla J. HansenP.O. Box 2980Colorado Springs, CO. 80901

Dear Judge Hansen:

Every two years the Colorado Judicial Performance Commission conducts asurvey of people who have been in the courtroom of judges who face a retentionvote in the next general election. The 2008 survey was conducted by Talmey-DrakeResearch & Strategy, Inc., who attempted to contact over 57,000 people statewidewho had been in these courtrooms in one capacity or another. Over 12,400 peopleresponded3,084 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 whoresponded to the survey. In addition to this introduction, the report is divided intofour main sections:

Attorney Results & Comments: This section contains graphs displaying theaverage grade you received overall (the combined average from questions 1athrough 5e), each section and each question. Following the graphs, are aseries of tables showing the percentage distribution of responses to each

question. Attorney respondents were also asked to comment about yourperformance. These comments have been transcribed, and in someinstances redacted to eliminate respondent identifying information. A copyof the attorney questionnaire is at the back of this report.


3/98

The Honorable Karla J. Hansen

April, 30 2008Page 2

If you have any questions about the methodology and how the survey was

conducted, please feel free to contact me at 303-443-5300 ext 1, and for any otherquestions you might have about the survey please call the Executive Director of theColorado Judicial Performance Program, Jane Howell, at 303-837-3665.

Best regards,

Paul A. TalmeyPresident

enc:


4/98

AAttttoorrnneeyy SSuurrvveeyy((SSaammppllee SSiizzee 3388))


5/98

Karla J. Hansen

3.3

Average Grades: Overall and by Section

3.4

3.4

3.5

Q1. Overall Case

Overall Average

3.4

3.3

.

3.2

Q2. Overall App &Knowldge of Law

Management

3.7

3.3

3.7

3.6

Q3. OverallCommunications


6/98


7/98

Karla J. Hansen

3.3

3.2Q2. Overall App & Knowldge of

Average Grades: Application and Knowledge of Law

3.3

3.3

3.3

3.3

3.1

3.2

2b. Giving reasons for rulings

2a. Basing decisions on evidenceand arguments

3.2

3.4

2.9

3.1

2.6

3.2

2d. Willing to reconsider error in

2c. [Civil only] Issuing written

findings of fact and law

3.3

2.9

3.4

3.3

3.5

3.2

2f. Having knowledge of rules of

2e. Having knowledge of relevantsubstantive law

3.4


8/98

Karla J. Hansen

3.6

Average Grades: Communications

3.7

3.7Q3. Overall Communications

3.7

3.7

3a. Speaking clearly

3.7

3.6

3.63b. Making sure all participants

d t d th di g


9/98

Karla J. Hansen

3.4

3.1

Q4. Overall Demeanor

Average Grades: Demeanor

3.5

3.5

3.5

3.5

2.8

3.3

4b. Treating everyone involvedpolitely

4a. Giving proceedings a senseof dignity

3.5

3.3

.

3.5

3.3

2.8

2.6

4d. Treating participants withrespect

4c. Having empathy with theparties involved

3.5

3.4

3.5

3.3

3.3

2.9

4f. Being consistent in [his/her]behavior

4e. Presenting a neutralpresence on the bench

3 4

.4g. Conducting [his/her]


10/98

Karla J. Hansen

3.3

Average Grades: Diligence

3.4

3.3

3.4

Q5. Overall Diligence

3.4

3.3

3.4

3.1

5b. Using good judgment inapplication of relevant law and

.necessary

3.3

3.4

3.35c. Doing the necessary

'homework' and being preparedfor his/her cases

rules

3 4


11/98

Karla J. Hansen

Q6. Average: How biased do you think Judge Hansen istoward the defense or prosecution?

1.8Karla J. Hansen

0.9All County Judges


12/98

Karla J. Hansen

Q7. Average: How lenient or how harsh are JudgeHansen's sentences?

1.6Karla J. Hansen



13/98

Karla J. Hansen

Retention Recommendation

77%

74%

77%80%

90%

50%

53%

60%

70%

32% 33%

30%

40%

50%


14/98

Karla J. Hansen

Attorney Survey

1a. How would you grade Judge Hansen on "Promptlymaking rulings during trial?"

55%

32%

3%

0%

0%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

54%

18%

4%

1%

0%

57%

18%

3%

1%

1%

Judge All CountyJudges 2008


15/98

Karla J. Hansen

Attorney Survey

1b. How would you grade Judge Hansen on "Beginningcourt on time?"

63%

34%

0%

0%

0%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

58%

28%

9%

2%

1%

62%

25%

7%

2%

1%



16/98

Karla J. Hansen

Attorney Survey

1c. How would you grade Judge Hansen on "Allottingappropriate amount of time for cases?"

47%

44%

0%

0%

0%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

58%

29%

7%

2%

1%

56%

28%

8%

2%

1%



17/98

Karla J. Hansen

Attorney Survey

1d. How would you grade Judge Hansen on "Keepingcases moving according to schedule?"

55%

34%

0%

0%

0%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

58%

30%

6%

2%

1%

58%

28%

7%

2%

1%



18/98

Karla J. Hansen

Attorney Survey

1e. How would you grade Judge Hansen on "[Civil only]Assisting parties to reach agreement?"

12%

20%

16%

4%

0%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

22%

18%

6%

2%

2%

23%

17%

8%

3%

2%



19/98

Karla J. Hansen

Attorney Survey

1f. How would you grade Judge Hansen on"Maintaining appropriate control over proceedings?"

73%

11%

11%

0%

0%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

67%

22%

6%

2%

1%

66%

22%

7%

2%

1%



20/98

Karla J. Hansen

Attorney Survey

1g. How would you grade Judge Hansen on "Promptlyruling on pre-trial motions?"

39%

34%

5%

0%

0%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

42%

19%

6%

2%

1%

44%

21%

8%

3%

1%



21/98

Karla J. Hansen

Attorney Survey

1h. How would you grade Judge Hansen on "Promptlyissuing a decision on the case after trial?"

55%

13%

0%

0%

0%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

47%

15%

4%

1%

1%

48%

16%

4%

1%

1%



22/98

Karla J. Hansen

Attorney Survey

1i. How would you grade Judge Hansen on "Settingreasonable schedules for cases?"

45%

34%

3%

0%

3%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

55%

26%

6%

2%

1%

54%

26%

8%

3%

2%



23/98

Karla J. HansenAttorney Survey

2a. How would you grade Judge Hansen on "Basingdecisions on evidence and arguments?"

34%

42%

18%

0%

0%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

53%

25%

9%

4%

3%

54%

25%

9%

4%

3%



24/98


2b. How would you grade Judge Hansen on "Givingreasons for rulings?"

38%

38%

19%

3%

0%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

55%

25%

9%

4%

2%

56%

25%

9%

4%

2%



25/98


2c. How would you grade Judge Hansen on "[Civil only]Issuing written findings of fact and law?"

12%

19%

4%

0%

0%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

20%

12%

4%

3%

2%

27%

16%

6%

3%

2%



26/98


2d. How would you grade Judge Hansen on "Willing toreconsider error in fact or law?"

19%

22%

17%

8%

6%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

26%

17%

9%

5%

4%

27%

18%

9%

5%

4%



27/98


2e. How would you grade Judge Hansen on "Havingknowledge of relevant substantive law?"

42%

34%

16%

3%

0%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

51%

29%

8%

4%

2%

54%

28%

9%

4%

2%



28/98


2f. How would you grade Judge Hansen on "Havingknowledge of rules of procedure and evidence?"

49%

43%

3%

0%

0%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

57%

25%

8%

3%

2%

60%

24%

8%

3%

2%



29/98


2g. How would you grade Judge Hansen on "Being ableto identify and analyze relevant facts?"

42%

36%

17%

0%

0%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

58%

25%

8%

4%

2%

58%

24%

8%

4%

2%



30/98


2h. How would you grade Judge Hansen on "[Criminalonly] Issuing consistent sentences when thecircumstances are similar?"

31%

22%

13%

3%

3%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

44%

20%

6%

3%

1%

36%

18%

5%

2%

1%



31/98


2i. How would you grade Judge Hansen on "Willing tomake decision without regard to possible criticism?"

53%

18%

16%

0%

5%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

55%

20%

7%

3%

3%

54%

20%

7%

3%

3%



32/98


2j. How would you grade Judge Hansen on "Makingdecisions without fear of being appealed?"

50%

29%

5%

3%

3%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

54%

21%

5%

3%

1%

55%

20%

6%

2%

1%



33/98


3a. How would you grade Judge Hansen on "Speakingclearly?"

74%

26%

0%

0%

0%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

78%

18%

3%

1%

0%

76%

18%

4%

1%

0%



34/98


3b. How would you grade Judge Hansen on "Makingsure all participants understand the proceedings?"

63%

34%

0%

3%

0%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

71%

22%

4%

1%

1%

71%

21%

5%

1%

1%



35/98


3c. How would you grade Judge Hansen on "Usingunderstandable language?"

68%

29%

0%

3%

0%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

77%

19%

3%

1%

0%

76%

19%

3%

1%

0%



36/98


4a. How would you grade Judge Hansen on "Givingproceedings a sense of dignity?"

53%

29%

16%

3%

0%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

69%

20%

6%

2%

2%

69%

20%

6%

2%

2%



37/98


4b. How would you grade Judge Hansen on "Treatingeveryone involved politely?"

42%

26%

13%

11%

8%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

69%

17%

6%

4%

4%

69%

17%

7%

3%

4%



38/98


4c. How would you grade Judge Hansen on "Havingempathy with the parties involved?"

24%

29%

26%

8%

8%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

56%

22%

10%

4%

4%

55%

22%

10%

4%

4%



39/98


4d. How would you grade Judge Hansen on "Treatingparticipants with respect?"

39%

32%

13%

5%

11%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

68%

19%

6%

3%

3%

68%

18%

7%

3%

3%



40/98


4e. How would you grade Judge Hansen on "Presentinga neutral presence on the bench?"

45%

26%

8%

13%

8%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

62%

21%

8%

5%

3%

64%

20%

8%

4%

4%



41/98


4f. How would you grade Judge Hansen on "Beingconsistent in [his/her] behavior?"

51%

30%

11%

3%

3%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

64%

22%

6%

3%

2%

64%

21%

7%

3%

2%



42/98


4g. How would you grade Judge Hansen on"Conducting [his/her] courtroom in a neutralmanner?"

47%

24%

11%

11%

8%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

63%

21%

7%

4%

3%

64%

20%

7%

4%

3%



43/98


4h. How would you grade Judge Hansen on "Giving allparticipants an opportunity to be heard?"

42%

39%

16%

0%

3%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

70%

20%

6%

2%

1%

70%

19%

6%

2%

2%



44/98


4i. How would you grade Judge Hansen on"Consistently applying laws and rules?"

45%

26%

18%

0%

3%

A

B

C

D

Fail

HansenAll TrialJudges 2008

60%

20%

8%

3%

3%

59%

21%

8%

3%

3%



45/98


4j. How would you grade Judge Hansen on "Notengaging in ex parte communications?"

61%

21%

0%

3%

0%

A

B

C

D

Fail

HansenAll TrialJudges 2008

60%

14%

4%

1%

1%

64%

12%

3%

1%

1%



46/98


4k. How would you grade Judge Hansen on "Treatingpro se parties fairly?"

41%

16%

8%

8%

5%

A

B

C

D

Fail

Hansen All TrialJudges 2008

55%

14%

4%

2%

1%

51%

11%

3%

1%

1%



47/98


5a. How would you grade Judge Hansen on "Makingtough decisions when necessary?"

53%

26%

3%

3%

3%

A

B

C

D

Fail


51%

23%

7%

3%

2%

53%

22%

7%

3%

2%



48/98


5b. How would you grade Judge Hansen on "Usinggood judgment in application of relevant law andrules?"

42%

34%

13%

8%

0%

A

B

C

D

Fail


54%

25%

9%

4%

3%

54%

26%

9%

4%

3%



49/98


5c. How would you grade Judge Hansen on "Doing thenecessary 'homework' and being prepared for[his/her] cases?"

51%

24%

11%

3%

3%

A

B

C

D

Fail


52%

23%

8%

3%

2%

56%

24%

8%

2%

2%



50/98


5d. How would you grade Judge Hansen on "Beingwilling to handle cases on the docket even whenthey are complicated and time consuming?"

45%

21%

3%

3%

3%

A

B

C

D

Fail


51%

17%

6%

2%

2%

54%

18%

6%

2%

2%



51/98


5e. How would you grade Judge Hansen on "Providingprompt access to the court in emergency matters?"

24%

24%

0%

3%

3%

A

B

C

D

Fail


38%

14%

4%

2%

1%

39%

14%

4%

1%

1%



52/98


6. How biased do you think Judge Hansen is towardsthe defense or the prosecution?

12%

15%

12%

12%

8%

4%

38%

4

3

2


4%

5%

7%

11%

15%

3%

53%

3%

4%

7%

10%

14%

4%

53%


1

-1

5

0 Neutral

se

TowardProsecution


53/98


7. How lenient or harsh do you think the sentenceshanded down by Judge Hansen are?

7%

15%

11%

11%

19%

0%

30%

4

3

2


2%

3%

5%

8%

11%

4%

63%

2%

3%

4%

8%

10%

4%

60%


1

-1

5

0 Appropriate

To

Harsh


54/98


12. Do you recommend that Judge Hansen be retainedin office or not be retained in office?

53%

33%

6%

8%


77%

13%

5%

6%

77%

13%

4%

6%

Strongly RecommendRetain in office

SomewhatRecommend

Retain in office


SomewhatRecommend NotRetain in office

Strongly RecommendNot Retain in office


55/98

NNoonn--AAttttoorrnneeyy SSuurrvveeyy((SSaammppllee SSiizzee 114400))


56/98

Karla J. Hansen-

3.6

Average Grades: Overall and by Section

3.6

3.5

3.6

Overall Average

3.6

3.5

.

3.6

Q2. Overall Fairness

.

3.7

3.6

3.6

3.7

Q3. Overall

Communications


57/98

Karla J. HansenNon-Attorney Survey

3.6

Average Grades: Demeanor

3.6

3.5Q1. Overall Demeanor

3.6

3.5

.

1a. Giving court proceedings asense of dignity

3.6

3.5

3.6

1b. Treating participants politelyand with respect


58/98

Karla J. Hansen-

Average Grades: Fairness

3.6

3.5

3.6

Q2. Overall Fairness

3.6

3.5

3.6

2a. Giving participants anopportunity to be heard

3.5

3.5

3.6

2b. Treating those involved withthe case without bias


59/98


3.7

Average Grades: Communications

3.7

3.6Q3. Overall Communications

3.6

3.7

3a. Making sure all participantsunderstand the

proceedings, and what's goingon in the courtroom

3.6

3.7

3 63b. Using language that


60/98


3.6

Average Grades: Diligence

3.6

3.5

3.7

Q4. Overall Diligence

3.4

.

3.8

4b. Maintaining appropriate

a. eg nn ng cour on me

3.7

3.5

.

3.6

4c. Setting reasonable

con ro over procee ngs


61/98


3.6

Average Grades: Application and Knowledge of Law

3.5

3.4Q5. Overall App of Law

3.4

3.6

5a. Giving reasons for rulings

3.5

3.6

5b. Willing to make decision


62/98


Average: How biased do you think Judge Hansen istoward the defense or prosecution?

0.3Karla J. Hansen



63/98


Average: How lenient or how harsh are JudgeHansen's sentences?

0.1Karla J. Hansen



64/98


100%

Retention Recommendation

72%

80%

74%

81%

78%

85%

80%

90%

50%

60%

70%

30%

40%


65/98


1a. How would you grade Judge Hansen on "Givingproceedings a sense of dignity?"

71%

17%

4%

1%

2%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

69%

19%

6%

2%

2%

73%

18%

4%

2%

2%



66/98


1b. How would you grade Judge Hansen on "Treatingparticipants politely and with respect?"

71%

18%

4%

1%

2%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

72%

16%

5%

2%

4%

76%

14%

4%

2%

3%



67/98


1c. How would you grade Judge Hansen on"Conducting [his/her] courtroom in a neutralmanner?"

70%

17%

4%

2%

3%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

70%

16%

5%

2%

4%

74%

14%

5%

2%

3%



68/98


1d. How would you grade Judge Hansen on "Having asense of compassion and human understanding forthose who appear before the judge?"

65%

20%

4%

3%

3%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

65%

18%

6%

3%

5%

69%

17%

5%

2%

4%



69/98


2a. How would you grade Judge Hansen on "Givingparticipants an opportunity to be heard?"

70%

19%

3%

3%

1%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

72%

15%

5%

2%

4%

75%

14%

4%

2%

3%



70/98


2b. How would you grade Judge Hansen on "Treatingthose involved in the case without bias?"

70%

17%

3%

2%

3%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

70%

15%

4%

3%

5%

73%

14%

4%

2%

4%



71/98


2c. How would you grade Judge Hansen on "Treatingfairly people who represent themselves?"

57%

15%

1%

1%

4%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

52%

11%

4%

2%

4%

49%

9%

3%

1%

3%



72/98


2d. How would you grade Judge Hansen on "Givingeach side enough time to present his or her case?"

71%

17%

5%

0%

1%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

69%

15%

5%

2%

3%

72%

14%

4%

2%

3%



73/98


3a. How would you grade Judge Hansen on "Makingsure participants understand the proceedings, andwhat's going on in the courtroom?"

75%

14%

6%

1%

1%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

74%

14%

6%

2%

2%

76%

14%

5%

2%

2%



74/98


3b. How would you grade Judge Hansen on "Usinglanguage that everyone can understand?"

76%

15%

4%

1%

1%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

74%

17%

5%

1%

1%

76%

16%

4%

1%

1%



75/98


3c. How would you grade Judge Hansen on "Speakingclearly so everyone in the courtroom can hearwhat's being said?"

77%

13%

4%

2%

1%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

76%

15%

5%

1%

1%

78%

14%

4%

1%

1%



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4a. How would you grade Judge Hansen on "Beginningcourt on time?"

71%

19%

2%

1%

1%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

59%

23%

9%

3%

3%

61%

24%

8%

2%

2%



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4b. How would you grade Judge Hansen on"Maintaining appropriate control over proceedings?"

75%

20%

2%

0%

0%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

75%

16%

5%

1%

1%

77%

15%

4%

1%

1%



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4c. How would you grade Judge Hansen on "Settingreasonable schedules for cases?"

67%

14%

4%

1%

1%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

59%

17%

6%

1%

2%

62%

17%

5%

1%

2%



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4d. How would you grade Judge Hansen on "Beingprepared for [his/her] cases?"

72%

12%

4%

2%

1%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

67%

15%

5%

2%

3%

71%

14%

4%

1%

2%



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4e. How would you grade Judge Hansen on "Managingcourt proceedings so that there is little wastedtime?"

69%

18%

4%

2%

2%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

64%

20%

7%

2%

3%

66%

20%

7%

2%

2%



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5a. How would you grade Judge Hansen on "Givingreasons for rulings?"

64%

12%

3%

3%

2%

A

B

C

D

Fail

HansenAll Trial

Judges 2008

62%

16%

7%

3%

4%

65%

16%

5%

2%

3%



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5b. How would you grade Judge Hansen on "Willing tomake decision without regard to possible outsidepressure?"

62%

13%

1%

5%

1%

A

B

C

D

Fail

Hansen

All Trial

Judges 2008

57%

12%

4%

2%

4%

59%

12%

4%

2%

3%

Judge All County

Judges 2008


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5c. How would you grade Judge Hansen on "Being ableto identify and analyze relevant facts?"

72%

13%

2%

2%

3%

A

B

C

D

Fail

Hansen

All Trial

Judges 2008

64%

14%

5%

3%

4%

66%

14%

4%

3%

4%

Judge All County

Judges 2008


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6. How biased do you think Judge Hansen is towardsthe defense or the prosecution?

3%

2%

2%

2%

6%

0%

83%

4

3

2

Hansen

All Trial

Judges 2008

2%

2%

2%

2%

5%

3%

78%

2%

1%

2%

2%

5%

3%

82%

Judge All County

Judges 2008

1

-1

5

0 Neutral

se

TowardProsecution


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7. How lenient or harsh do you think the sentenceshanded down by Judge Hansen are?

2%

1%

1%

2%

3%

5%

82%

4

3

2

Hansen

All Trial

Judges 2008

3%

2%

2%

3%

3%

5%

73%

2%

2%

2%

2%

3%

5%

76%

Judge All County

Judges 2008

1

-1

5

0 Appropriate

T

oHarsh


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12. Do you recommend that Judge Hansen be retainedin office or not be retained in office?

80%

14%

1%

5%

Hansen

All Trial

Judges 2008

81%

9%

3%

7%

85%

8%

2%

5%

Strongly RecommendRetain in office

SomewhatRecommendRetain in office

Judge All County

Judges 2006

SomewhatRecommend NotRetain in office

Strongly RecommendNot Retain in office


87/98

MMeetthhooddoollooggyy


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MMee tt hhooddoo ll ooggyy

Sample: The databases of names and addresses of the people who had likely been ineach judges courtroom were primarily provided by the Colorado JudicialDepartment, Colorado District Attorneys Council and the Denver CountyCourts. These three sources provided name and address data in 2005, 2006,2007 and 2008. Starting in the second quarter of 2007, the data was providedquarterly. Where there were low sample counts, this data was supplementedby contacting district court administrators for additional sample of particulartypes of potential respondents.

The data was then combined, duplicates removed and addresses correctedquarterly starting in 2007. Depending on the available number of names andthe count of already received surveys for a particular judge, either all or arandom sample of names were drawn. Included in the data cleaning was theidentification of potential respondents in the sample who had appeared inmore than two judges courtrooms. Due to concerns about respondent

fatigue, no more than two questionnaires were intended to be sent to any onerespondentthough there were a few instances where one respondent didreceive more than two questionnaires. Where a person had been in morethan two judges courtrooms, the selection criteria for which judges he or shewould be sent questionnaires was generally: first, for the judge in whosecourtroom the potential respondent had been in most often, and two, thejudge with the smallest sample of the judges in whose courtroom the potentialrespondent had appeared.

Survey: Each person whose name was drawn was mailed an initial postcard informingthe recipient that he or she would be receiving a questionnaire. Two to three

k ft th t d il d th t ti l d t ld b t


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Questionnaire: The questionnaire used in the 2008 Judicial Performance Survey askedrespondents to use a grade of A, B, C, D, or F (Fail) to assess the judgesperformance in five different areas. For attorney respondents theseareas were Case Management, Application and Knowledge of Law,Communications, Demeanor and Diligence, and for non-attorneyrespondents the five were Demeanor, Fairness, Communications,Diligence and Application of Law. These scores were then converted toa numerical value where A = 4, B = 3, C = 2, D = 1 and Fail = 0. Copiesof the questionnaires are included at the end of this report.

Response: The estimated response rate is calculated as the number of completedquestionnaires divided by the number of eligible respondents who actuallyreceived a questionnaire. The following table shows the total number ofquestionnaires mailed, completed, non-responses & refusals, undeliverablesand other responses. The table presents the estimated overall response rateas well as the response rate by the different types of respondents. The trueresponse rates are likely considerably higher than shown because of therelatively high percentage of people who were mailed questionnaires about

judges who they had not observed in court. This is due, in part, to many casesbeing disposed of without the parties having appeared in court, as well as inthe case of law enforcement, the data includes all those who were subpoenaedfor a case, not just those who appeared.

A similar table showing the response counts and estimated cooperation ratefor your survey is provided at the end of this methodology section.


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TotalSent

NoResponse

Undeliverable/Not Applicable

Other Non-responses Completes

CooperationRate

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%

CivilAttorneys 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

CriminalLaw 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%


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Results: The results of the Survey are in two main sections: Attorney respondents andNon-attorney respondents. Within the Attorney and Non-attorney section aresubsections of graphs displaying average grades for each section of the

questionnaire and each question and tables showing the percentagedistribution of grades.

Graphs: The graphs visually display the overall average numerical gradesreceived for all grade questions, each section and each question compared toaverages for all county judges, and all trial judges for which 2008 surveyswere conducted. Questions relating to bias toward the defense orprosecution, sentencing and retention recommendation are also graphed.

Percentage Distribution of Grades: This section shows the percentage of eachgrade received on each question plus the bias, sentencing and retentionquestions. An average grade point for each graded question is computed andshown in the results section. A letter grade is also assigned to each gradepoint according to the following scale.

This section also includes two comparative columns of results: onecomparative column shows the results for that question for county judgessurveyed in 2008, along with a second comparative column showing theresults for all trial judges in the 2008 survey.

Projectability: Most surveys seen by the public are surveys that are intended to beprojectable, 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 knownprobability of error. For example, a pre-election poll of 500 likely Coloradovoters is used to estimate the percentage of voters who will vote for

A = 4.00 B = 3.00 to 3.33 C = 2.00 to 2.33 D = 1.00 to 1.33A = 3.67 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 0.66


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While projectability within a known probability of error is a highly desirableattribute of a survey, it is often not feasible to achieve. Commercial marketresearch often uses nonprojectable (and small) samplesthe most well known

of which are for focus groups. Moreover, the federal courts have longaccepted, and do not expect, projectable samples for market confusionsurveys used in trademark litigation. In other words, one can still use theresults of the Judicial Performance Evaluation Survey to estimate howeveryone 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 asummary of structured interviews with a number of people who havecourtroom familiarity with the judge being evaluated, and who most oftenalbeit not alwaysare responding out of a desire to improve the performanceof our states judicial system.

Karla J. Hansen


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Role Type

Total

Sent Completes

Undeliverable/

Not Applicable

Other Non-

Responses

Coop

Rate

Responses by Type

No

Response

Attorneys

Criminal

District Attorneys 10 721 0 87.5%

Defense Attorneys 18 1026 0 62.5%

Other Attorneys Criminal 10 604 0 60.0%Civil

Attorneys for Litigants 16 736 0 53.8%

Other Attorneys Civil 7 115 0 16.7%

10 622 0 75.0%Attorneys, Unknown Role Type

71 24 10 370 39.3%Total Attorneys

Non-attorneys

Criminal

Law Enforcement 275 2559190 1 11.6%

Defendant 175 1233130 0 8.5%

Witness 61 12238 0 2.6%

Other 212 1357142 0 8.4%

Civil

Litigant 129 82992 0 8.0%

92 25337 0 5 1%Non-attorneys Unknown Role Type


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QQuueessttiioonnnnaaiirreess

10. And what would you say are Judge [Last Name]s weaknesses?___________________________________________________________

Commission on Judicial PerformanceAttorney Questionnaire


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____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

11. Is there anything else that you would like to say about Judge [Last Name]?______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

12. Keeping in mind your responses to each of the previous questions, howstrongly do you recommend that Judge [Last Name]be retained in office, ornot retained in office?

Strongly recommend he be retained in office..................................................... 5Somewhat recommend he be retained in office ................................................. 4Undecided or dont know enough to make recommendation......................... 3Somewhat recommend he not be retained in office ......................................... 2Strongly recommend he not be retained in office ............................................. 1

And why do you think that way about retaining or not retaining Judge [LastName]?______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Thank you for your time in completing this questionnaire.

Please place it in the self-addressed, postage paid envelopedprovided, and place it in the mail. Your participation in this

survey is very much appreciated.

Evaluation of

JUDGE [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 dont know, please circle thenumber corresponding to Dont Know/Not ApplicableDK/NS).

DK1. Case Management: A B C D F N/A

a. Promptly making rulings during trial. 4 3 2 1 0 9

b. Beginning court on time. 4 3 2 1 0 9

c. Allotting appropriate amount of time for cases. 4 3 2 1 0 9

d. Keeping cases moving according to schedule. 4 3 2 1 0 9

e. [Civil only]1 Assisting parties to reach agreement. 4 3 2 1 0 9

f. Maintaining appropriate control over proceedings. 4 3 2 1 0 9

g. Promptly ruling on pre-trial motions. 4 3 2 1 0 9h. Promptly issuing a decision on the case after trial. 4 3 2 1 0 9

i. Setting reasonable schedules for cases. 4 3 2 1 0 9

DK2. Application and Knowledge of Law: A B C D F N/Aa. Basing decisions on evidence and arguments. 4 3 2 1 0 9

b. Giving reasons for rulings. 4 3 2 1 0 9

c. [Civil only]1 Issuing written findings of fact and law. 4 3 2 1 0 9

d. Willing to reconsider error in fact or law. 4 3 2 1 0 9

e. Having knowledge of relevant substantive law. 4 3 2 1 0 9

f. Having knowledge of rules of procedure

and evidence. 4 3 2 1 0 9g. Being able to identify and analyze relevant facts. 4 3 2 1 0 9

h. [Criminal only]2 Issuing consistent sentences whenthe 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

1Please answer questions 1e & 2c only if you have observed the judge in a civil case.

2Please answer question 2h only if you have observed the judge in a criminal case.

3. Communications: A B C D F N/Aa. Speaking clearly. 4 3 2 1 0 9

b. Makings sure all participants understand

6. [Criminal cases only]1 On the scale below, please indicate by circling theappropriate number how biased you think Judge [Last Name]is towardthe defense or the prosecution. If you feel Judge [Last Name]is


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g p pthe proceedings. 4 3 2 1 0 9

c. Using understandable language. 4 3 2 1 0 9

d. Providing written communications that areclear, thorough and well reasoned. 4 3 2 1 0 9

DK

4. Demeanor: A B C D F N/Aa. Giving proceedings a sense of dignity. 4 3 2 1 0 9

b. Treating everyone involved politely. 4 3 2 1 0 9

c. Having empathy with the parties involved. 4 3 2 1 0 9

d. Treating participants with respect. 4 3 2 1 0 9

e. Presenting a neutral presence on the bench. 4 3 2 1 0 9

f. Being consistent in his/herbehavior 4 3 2 1 0 9

g. Conductinghis/hercourtroom in a neutral manner. 4 3 2 1 0 9

h. Giving all participants an opportunity to be heard. 4 3 2 1 0 9

i. Consistently applying laws and rules. 4 3 2 1 0 9

j. Not engaging in ex partecommunications 4 3 2 1 0 9k. Treatingpro separties fairly. 4 3 2 1 0 9

DK5. Diligence: A B C D F N/Aa. Making tough decisions when necessary. 4 3 2 1 0 9

b. Using good judgment in application of relevantlaw and rules. 4 3 2 1 0 9

c. Doing the necessary homework and beingprepared for his/hercases. 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 9e. Providing prompt access to the court

in emergency matters. 4 3 2 1 0 9

{Question 3d is asked only regarding district judges.}

completely unbiased, circle 0.

Bias toward Completely Bias towardDefense Neutral Prosecution

5 4 3 2 1 0 1 2 3 4 5

7. [Criminal cases only]1 On the scale below, please indicate by circling theappropriate number how lenient or how harsh you think the sentencesgenerally handed down by Judge [Last Name]are. If you feel Judge [LastName] generally hands down appropriate sentences, circle 0.

Sentences Appropriate SentencesToo Light Sentences Too Harsh

5 4 3 2 1 0 1 2 3 4 5

Though your name will never be associated with your answers, because the judge willsee a typed transcript of the comments that you and others write, it is important thatyou do not include information in the comments below that would unintentionallyidentify you as the author.

8. If an associate were assigned to Judge [Last Name]in a case and asked youfor advice, what would you say?

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

9. What would you say are Judge [Last Name]s strengths?_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

[Continued on Back Page]

1Please answer questions 6 & 7 only if you have observed the judge in a criminal case.

12. Keeping in mind your responses to each of the previous questions, how Commission on Judicial Performance


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strongly do you recommend that Judge [Last Name]be retained inoffice, or not retained in office?

Strongly recommend he/she be retained in office ................................ 5Somewhat recommend he/she be retained in office ............................ 4Undecided or dont know enough to make recommendation............. 3Somewhat 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]?______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Thank you for you 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.

Commission on Judicial Performance

Evaluation of

JUDGE[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 dont haveexperience with the judge in a specific area, or just dont know, please circle thenumber corresponding to Dont Know/Not ApplicableDK/NA).

DK1. 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 politelyand 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 humanunderstanding for those who appearbefore him/her. 4 3 2 1 0 9

DK2. Fairness: A B C D F N/A

a. Giving participants an opportunity to be heard. 4 3 2 1 0 9b. Treating those involved in the case without bias. 4 3 2 1 0 9c. Treating fairly people who represent themselves. 4 3 2 1 0 9d. Giving each side enough time to present his

or her case. 4 3 2 1 0 9

DK3. Communications: A B C D F N/A

a. Makings sure participants understand theproceedings, and whats going on in thecourtroom. 4 3 2 1 0 9

b. Using language that everyone can understand. 4 3 2 1 0 9c. Speaking clearly so everyone in the courtroom

can hear whats being said. 4 3 2 1 0 9

DK4. Diligence: A B C D F N/A

a. Beginning court on time. 4 3 2 1 0 9

Though your name will never be associated with your answers, because the judge willsee a typed transcript of the comments that you and others write, it is important thatyou do not include information in the comments below that would unintentionallyidentif o as the a thor


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b. Maintaining appropriate control overproceedings. 4 3 2 1 0 9

c. Setting reasonable schedules for cases. 4 3 2 1 0 9

d. Being prepared for his/her cases. 4 3 2 1 0 9

e. Managing court proceedings so that there islittle wasted time. 4 3 2 1 0 9

DK5. 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 topossible 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 courtroomduring a criminal case orcases please answer this question, otherwise skip to the nextquestion.] On the scale below, please indicate by circling the appropriatenumber how biased you think Judge [Last Name]is toward the defense orthe prosecution. If you feel Judge [Last Name]is completely unbiased,circle 0.

Bias toward Completely Bias towardDefense Neutral Prosecution

5 4 3 2 1 0 1 2 3 4 5

7. [If you were in [Last Name]s courtroomduring a criminal case or

cases please answer this question, otherwise skip to the nextquestion.] On the scale below, please indicate by circling the appropriatenumber how lenient or how harsh you think the sentences generally handeddown by[Last Name]are. If you feel Judge [Last Name]generally handsdown appropriate sentences, circle 0.

Sentences Appropriate SentencesToo Light Sentences Too Harsh

5 4 3 2 1 0 1 2 3 4 5

identify you as the author.

8. If a friend of yours was scheduled to appear before Judge [Last Name]as a party in either a civil or criminal case and asked you for advice, what

would you tell your friend about Judge [Last Name]?________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

9. What would you say are Judge [Last Name]s strengths?_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

___________________________________________________________

10. And what would you say are Judge [Last Name]sweaknesses?__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

11. Is there anything else that you would like to say about Judge[Last Name]?

______________________________________________________________________________________________________________________

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

C i d B k P

Dst 04 Karla J. Hansen 2008

Documents

Transcript of Dst 04 Karla J. Hansen 2008