53
100 Arapahoe, Suite One, Boulder, CO 80302 Phone 303.443.5300 Fax 303.447.9386 March 6, 2002 The Honorable Gordon J. Bosa P.O. Box 128 Main St. Conejos, CO 81129 Dear Judge Bosa: 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 2002 survey was conducted by Talmey-Drake Research & Strategy, Inc., who attempted to contact over 55,000 people who had been in these courtrooms in one capacity or another. Over 18,000 people responded—3,686 to the attorney survey and 14,925 to the non-attorney survey. This report contains the results of those who were in your courtroom and who responded to the survey. In addition to this introduction, the report is divided into four main sections: Results: This section contains the average and percentage distribution of responses to each substantive numerical question in the survey. It is divided into two subsections, one for the results of the attorney survey and one for the results of the non-attorney survey. Comments: Respondents were also asked to comment about each judge on each section of the questionnaire: courtesy, impartiality, communications skills, judicial temperament, diligence, application of the law, retention and general comments. These comments have been transcribed, and in some instances redacted to eliminate respondent identifying information. Again this section has been divided into two subsections, one for attorney comments and one for non-attorney comments. 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.

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Page 1: March 6, 2002 The Honorable Gordon J. Bosa P.O. … Bosa.pdf · March 6, 2002 The Honorable Gordon J. Bosa Page 2 If you have any questions about the methodology and how the survey

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

March 6, 2002 The Honorable Gordon J. Bosa P.O. Box 128 Main St. Conejos, CO 81129 Dear Judge Bosa:

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 2002 survey was conducted by Talmey-Drake Research & Strategy, Inc., who attempted to contact over 55,000 people who had been in these courtrooms in one capacity or another. Over 18,000 people responded—3,686 to the attorney survey and 14,925 to the non-attorney survey.

This report contains the results of those who were in your courtroom and who responded to the survey. In addition to this introduction, the report is divided into four main sections:

• Results: This section contains the average and percentage distribution of responses to each substantive numerical question in the survey. It is divided into two subsections, one for the results of the attorney survey and one for the results of the non-attorney survey.

• Comments: Respondents were also asked to comment about each judge on each section of the questionnaire: courtesy, impartiality, communications skills, judicial temperament, diligence, application of the law, retention and general comments. These comments have been transcribed, and in some instances redacted to eliminate respondent identifying information. Again this section has been divided into two subsections, one for attorney comments and one for non-attorney comments.

• 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.

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March 6, 2002 The Honorable Gordon J. Bosa Page 2

If you have any questions about the methodology and how the survey was conducted, please feel free to contact me at 303-443-5300, and for any other questions you might have about the survey please call the Director of the Colorado Judicial Performance Program, Michelle Stermer, at 303-837-3665.

Best regards, Paul A. Talmey President enc:

Page 3: March 6, 2002 The Honorable Gordon J. Bosa P.O. … Bosa.pdf · March 6, 2002 The Honorable Gordon J. Bosa Page 2 If you have any questions about the methodology and how the survey

Judge Gordon J. BosaAttorney Survey

1a. How would you grade Judge Bosa on being courteous toward parties or witnesses?

8%

23%

38%

15%

8%

8%

2.1

C

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

64%

22%

7%

3%

2%

2%

3.5

B+

65%

21%

7%

3%

2%

3%

3.5

B+

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 1

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Judge Gordon J. BosaAttorney Survey

1b. How would you grade Judge Bosa on being courteous toward attorneys?

23%

38%

23%

8%

8%

2.8

B-

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

64%

20%

7%

4%

3%

2%

3.4

B+

61%

22%

8%

4%

3%

3%

3.4

B+

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 2

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Judge Gordon J. BosaAttorney Survey

1c. How would you grade Judge Bosa on being courteous toward pro se parties?

23%

23%

38%

8%

8%

2.7

B-

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

55%

17%

8%

2%

2%

16%

3.4

B+

48%

14%

6%

2%

2%

29%

3.5

B+

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 3

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Judge Gordon J. BosaAttorney Survey

2a. How would you grade Judge Bosa on treating parties equally regardless of race?

54%

15%

8%

8%

8%

8%

3.1

B

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

67%

15%

4%

1%

1%

12%

3.7

A-

63%

12%

3%

1%

1%

19%

3.7

A-

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 4

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Judge Gordon J. BosaAttorney Survey

2b. How would you grade Judge Bosa on treating parties equally regardless of gender?

54%

23%

8%

8%

8%

3.3

B

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

69%

16%

5%

2%

1%

8%

3.6

B+

66%

14%

5%

2%

2%

12%

3.6

B+

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 5

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Judge Gordon J. BosaAttorney Survey

2c. How would you grade Judge Bosa on treating parties equally regardless of age?

54%

31%

8%

8%

3.5

B+

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

70%

14%

5%

1%

10%

3.7

A-

66%

13%

4%

1%

1%

15%

3.7

A-

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 6

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Judge Gordon J. BosaAttorney Survey

2d. How would you grade Judge Bosa on treating parties equally regardless of social/economic status?

46%

23%

15%

8%

8%

3.1

B

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

66%

15%

6%

3%

2%

10%

3.5

B+

65%

13%

5%

2%

2%

13%

3.6

B+

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 7

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Judge Gordon J. BosaAttorney Survey

2e. How would you grade Judge Bosa on being fair and impartial toward both sides?

38%

23%

31%

8%

3.1

B

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

60%

18%

9%

6%

3%

4%

3.3

B

60%

17%

8%

5%

4%

5%

3.3

B

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 8

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Judge Gordon J. BosaAttorney Survey

2f. How would you grade Judge Bosa on treating pro se parties fairly?

38%

23%

15%

15%

8%

2.9

B-

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

58%

14%

6%

2%

2%

19%

3.5

B+

51%

11%

4%

1%

1%

31%

3.6

B+

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 9

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Judge Gordon J. BosaAttorney Survey

2g. How would you grade Judge Bosa on not engaging in ex parte communications?

54%

15%

15%

8%

8%

3.2

B

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

56%

15%

6%

2%

3%

18%

3.4

B+

59%

12%

4%

1%

2%

21%

3.6

B+

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 10

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Judge Gordon J. BosaAttorney Survey

3a. How would you grade Judge Bosa on providing written communications that are clear, thorough, and well reasoned?

23%

31%

46%

3.4

B+

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

29%

22%

8%

3%

2%

37%

3.2

B

37%

23%

9%

2%

2%

27%

3.2

B

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 11

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Judge Gordon J. BosaAttorney Survey

3b. How would you grade Judge Bosa on communicating verbally in a clear, thorough, and well reasoned manner?

46%

31%

15%

8%

3.3

B

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

51%

30%

10%

4%

2%

3%

3.3

B

54%

28%

9%

4%

2%

3%

3.3

B

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 12

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Judge Gordon J. BosaAttorney Survey

3c. How would you grade Judge Bosa on explaining court procedures clearly and thoroughly?

46%

31%

15%

8%

3.3

B

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

53%

27%

10%

3%

2%

6%

3.3

B

54%

26%

9%

3%

2%

7%

3.4

B+

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 13

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Judge Gordon J. BosaAttorney Survey

4a. How would you grade Judge Bosa on maintaining a professional demeanor in the courtroom?

23%

23%

23%

8%

15%

8%

2.3

C

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

62%

21%

7%

5%

2%

2%

3.4

B+

64%

21%

7%

4%

3%

3%

3.4

B+

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 14

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Judge Gordon J. BosaAttorney Survey

4b. How would you grade Judge Bosa on listening patiently to all testimony and arguments before issuing a ruling?

15%

31%

15%

8%

15%

15%

2.3

C

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

57%

22%

9%

5%

3%

3%

3.3

B

57%

22%

8%

5%

4%

4%

3.3

B

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 15

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Judge Gordon J. BosaAttorney Survey

5a. How would you grade Judge Bosa on managing cases and docket efficiently and with minimal delay?

54%

31%

8%

8%

3.5

B+

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

47%

27%

11%

4%

3%

8%

3.2

B

46%

27%

11%

4%

4%

8%

3.2

B

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 16

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Judge Gordon J. BosaAttorney Survey

5b. How would you grade Judge Bosa on being punctual in commencing proceedings?

54%

31%

8%

8%

3.5

B+

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

51%

27%

11%

3%

3%

4%

3.3

B

54%

28%

9%

2%

2%

4%

3.3

B

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 17

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Judge Gordon J. BosaAttorney Survey

5c. How would you grade Judge Bosa on using court time efficiently?

54%

31%

8%

8%

3.5

B+

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

53%

24%

11%

4%

3%

5%

3.3

B

54%

25%

10%

3%

3%

5%

3.3

B

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 18

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Judge Gordon J. BosaAttorney Survey

5d. How would you grade Judge Bosa on being prepared for all court matters?

69%

8%

8%

8%

8%

3.5

B+

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

56%

25%

8%

3%

2%

7%

3.4

B+

58%

23%

7%

3%

2%

7%

3.4

B+

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 19

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Judge Gordon J. BosaAttorney Survey

5e. How would you grade Judge Bosa on being willing to handle cases on the docket even when they are complicated and time

31%

31%

8%

8%

23%

3.1

B

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

48%

18%

7%

3%

3%

21%

3.3

B

49%

18%

7%

3%

3%

21%

3.4

B+

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 20

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Judge Gordon J. BosaAttorney Survey

5f. How would you grade Judge Bosa on providing quick access to the court in emergency matters?

38%

8%

15%

8%

31%

3.1

B

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

35%

14%

5%

2%

2%

43%

3.4

B+

33%

13%

5%

2%

2%

45%

3.3

B

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 21

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Judge Gordon J. BosaAttorney Survey

6a. How would you grade Judge Bosa on having knowledge of the rules of evidence and procedure?

62%

23%

15%

3.5

B+

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

47%

28%

12%

4%

3%

7%

3.2

B

53%

25%

9%

3%

2%

7%

3.3

B

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 22

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Judge Gordon J. BosaAttorney Survey

6b. How would you grade Judge Bosa on ruling on motions in a timely matter?

54%

31%

15%

3.4

B+

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

48%

24%

8%

3%

2%

16%

3.4

B+

49%

25%

8%

3%

3%

13%

3.3

B

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 23

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Judge Gordon J. BosaAttorney Survey

6c. How would you grade Judge Bosa on making the correct decision based upon the law and the facts?

46%

23%

23%

8%

3.3

B

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

40%

30%

13%

6%

4%

6%

3.0

B

44%

29%

12%

5%

4%

6%

3.1

B

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 24

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Judge Gordon J. BosaAttorney Survey

6d. How would you grade Judge Bosa on making decisions without regard to possible criticism?

46%

15%

8%

8%

23%

3.2

B

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

49%

21%

9%

4%

4%

14%

3.2

B

50%

20%

8%

3%

3%

15%

3.3

B

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 25

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Judge Gordon J. BosaAttorney Survey

7. Do you recommend that Judge Bosa be retained in office or not be retained in office?

85%

15%

BosaAll Trial

Judges 2002

83%

11%

6%

84%

11%

5%

Retain in office

Do not retain in office

No opinion

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 26

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Judge Gordon J. BosaNon-Attorney Survey

1a. How would you grade Judge Bosa on being courteous toward everyone in the courtroom?

40%

27%

8%

5%

12%

8%

2.9

B-

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

65%

20%

7%

2%

3%

4%

3.5

B+

67%

19%

6%

2%

2%

4%

3.5

B+

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 1

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Judge Gordon J. BosaNon-Attorney Survey

1b. How would you grade Judge Bosa on being courteous toward persons representing themselves?

37%

22%

8%

6%

13%

15%

2.8

B-

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

49%

16%

6%

2%

3%

24%

3.4

B+

47%

15%

5%

2%

2%

30%

3.4

B+

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 2

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Judge Gordon J. BosaNon-Attorney Survey

2a. How would you grade Judge Bosa on treating parties equally regardless of race?

50%

22%

7%

3%

11%

8%

3.1

B

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

63%

15%

4%

1%

2%

15%

3.6

B+

65%

14%

4%

1%

2%

14%

3.6

B+

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 3

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Judge Gordon J. BosaNon-Attorney Survey

2b. How would you grade Judge Bosa on treating parties equally regardless of gender?

47%

22%

9%

4%

11%

8%

3.0

B

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

65%

16%

5%

2%

2%

9%

3.5

B+

67%

16%

5%

2%

2%

9%

3.6

B+

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 4

Page 33: March 6, 2002 The Honorable Gordon J. Bosa P.O. … Bosa.pdf · March 6, 2002 The Honorable Gordon J. Bosa Page 2 If you have any questions about the methodology and how the survey

Judge Gordon J. BosaNon-Attorney Survey

2c. How would you grade Judge Bosa on treating parties equally regardless of age?

49%

23%

8%

3%

10%

8%

3.1

B

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

64%

16%

6%

2%

2%

10%

3.5

B+

67%

16%

5%

1%

2%

10%

3.6

B+

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 5

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Judge Gordon J. BosaNon-Attorney Survey

2d. How would you grade Judge Bosa on treating parties equally regardless of social/economic status?

46%

21%

8%

7%

10%

9%

2.9

B-

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

64%

16%

5%

2%

3%

10%

3.5

B+

66%

15%

5%

2%

3%

9%

3.5

B+

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 6

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Judge Gordon J. BosaNon-Attorney Survey

2e. How would you grade Judge Bosa on being fair and impartial toward both sides?

47%

19%

11%

7%

11%

6%

2.9

B-

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

63%

16%

6%

3%

4%

8%

3.4

B+

65%

16%

5%

2%

4%

7%

3.5

B+

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 7

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Judge Gordon J. BosaNon-Attorney Survey

2f. How would you grade Judge Bosa on treating parties without attorneys fairly?

43%

18%

7%

6%

12%

15%

2.9

B-

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

45%

13%

5%

2%

4%

31%

3.4

B+

43%

12%

4%

2%

3%

37%

3.4

B+

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 8

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Judge Gordon J. BosaNon-Attorney Survey

2g. How would you grade Judge Bosa on giving each side enough time to present his or her case?

44%

18%

8%

3%

11%

17%

3.0

B

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

60%

16%

5%

2%

3%

14%

3.5

B+

63%

16%

5%

2%

3%

11%

3.5

B+

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 9

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Judge Gordon J. BosaNon-Attorney Survey

3a. How would you grade Judge Bosa on speaking in a way that is clearly understood?

60%

18%

9%

2%

9%

3%

3.2

B

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

68%

20%

6%

2%

2%

2%

3.5

B+

70%

19%

6%

2%

1%

2%

3.6

B+

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 10

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Judge Gordon J. BosaNon-Attorney Survey

3b. How would you grade Judge Bosa on explaining court procedures clearly and thoroughly?

63%

15%

9%

2%

8%

4%

3.3

B

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

67%

19%

6%

2%

2%

4%

3.5

B+

69%

18%

6%

2%

2%

4%

3.6

B+

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 11

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Judge Gordon J. BosaNon-Attorney Survey

4a. How would you grade Judge Bosa on maintaining a professional demeanor in the courtroom?

44%

26%

10%

3%

12%

5%

2.9

B-

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

69%

17%

6%

2%

3%

3%

3.5

B+

72%

16%

5%

2%

2%

3%

3.6

B+

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 12

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Judge Gordon J. BosaNon-Attorney Survey

4b. How would you grade Judge Bosa on listening patiently to all testimony and arguments before issuing a ruling?

44%

23%

7%

3%

17%

7%

2.8

B-

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

64%

18%

6%

3%

4%

6%

3.4

B+

66%

17%

5%

2%

3%

6%

3.5

B+

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 13

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Judge Gordon J. BosaNon-Attorney Survey

5a. How would you grade Judge Bosa on managing cases efficiently and with minimal delay?

36%

33%

11%

6%

11%

3%

2.8

B-

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

55%

23%

9%

2%

3%

9%

3.4

B+

56%

22%

8%

3%

2%

9%

3.4

B+

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 14

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Judge Gordon J. BosaNon-Attorney Survey

5b. How would you grade Judge Bosa on starting court on time?

38%

30%

10%

7%

13%

2%

2.8

B-

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

55%

23%

9%

3%

3%

6%

3.3

B

57%

23%

9%

3%

2%

6%

3.4

B+

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 15

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Judge Gordon J. BosaNon-Attorney Survey

5c. How would you grade Judge Bosa on being prepared for cases?

45%

30%

4%

6%

10%

5%

3.0

B

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

61%

19%

7%

2%

2%

9%

3.5

B+

64%

18%

6%

2%

2%

9%

3.5

B+

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 16

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Judge Gordon J. BosaNon-Attorney Survey

6a. How would you grade Judge Bosa on considering all information presented when making a decision?

47%

22%

6%

10%

11%

5%

2.9

B-

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

60%

17%

6%

3%

4%

10%

3.4

B+

62%

16%

5%

2%

4%

11%

3.5

B+

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 17

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Judge Gordon J. BosaNon-Attorney Survey

6b. How would you grade Judge Bosa on having knowledge of the rules of evidence, procedure and the law?

55%

21%

3%

8%

8%

6%

3.1

B

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

64%

17%

5%

2%

2%

10%

3.5

B+

67%

16%

5%

2%

2%

10%

3.6

B+

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 18

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Judge Gordon J. BosaNon-Attorney Survey

6c. How would you grade Judge Bosa on deciding important matters in a timely way?

45%

26%

9%

5%

9%

6%

3.0

B

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

60%

19%

6%

2%

2%

11%

3.5

B+

62%

18%

6%

2%

2%

10%

3.5

B+

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 19

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Judge Gordon J. BosaNon-Attorney Survey

6d. How would you grade Judge Bosa on making decisions without regard to public criticism?

48%

18%

5%

8%

13%

9%

2.9

B-

A

B

C

D

Fail

No Grade

Average Grade

Letter Grade

BosaAll Trial

Judges 2002

53%

15%

5%

2%

3%

21%

3.4

B+

55%

14%

5%

2%

3%

22%

3.5

B+

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 20

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Judge Gordon J. BosaNon-Attorney Survey

7. Do you recommend that Judge Bosa be retained in office or not be retained in office?

65%

19%

17%

BosaAll Trial

Judges 2002

81%

9%

11%

83%

8%

9%

Retain in office

Do not retain in office

No opinion

Judge All County Judges 2002

Judicial Performance Survey 2002 Judicial District 12Page 21

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1

MMeetthhooddoollooggyy

Sample: The Colorado Judicial Department provided Talmey-Drake Research &Strategy, Inc. with a list of cases heard and closed during the two years priorto the summer of 2001 by the 115 justices and judges standing for retention inNovember 2002.

From this list of cases, Talmey-Drake Research drew a sample of the 250 casesmost recently closed for each judge or justice. In some instances where therewere an insufficient number of cases (or participants in cases), the time periodduring which cases could be drawn was lengthened.

For each case selected a list of people associated with the case who had likelyappeared in the judge’s courtroom were drawn from the JudicialDepartment’s database, ICON, and the Colorado District Attorney’s database(Blackstone system). The cases and the associated case participants weredivided up among the 22 judicial districts and put on CD ROM. These CD’swere distributed to the judicial districts, and district personnel added thenames of people who were associated with a case, but whose names andaddresses had not been captured electronically.

The data from the judicial districts were then returned to Talmey-DrakeResearch where the data was combined and cleaned. Included in the datacleaning was the identification of potential respondents in the sample whohad appeared in more than two judges’ courtrooms. Due to concerns aboutrespondent fatigue, no more than two questionnaires were intended to be sentto any one respondent—though there were a few instances where onerespondent did receive more than two questionnaires. Where a person hadbeen in more than two judges’ courtrooms, the selection criteria for whichjudges he or she would be sent questionnaires was: first, for the judge inwhose courtroom the potential respondent had been in most often, and two,the judge with the smallest sample of the judges in whose courtroom thepotential respondent had been in. Added to this database were a database ofjurors and one of court employees.

Survey: In November 2002, each person in the database was mailed a postcard sayingthey would receive a questionnaire concerning judicial performance and thatit was important for them to fill it out and return it. Shortly thereafter, theywere sent an initial questionnaire and an introductory letter with a postage-paid return envelope. Those who did not respond to the first questionnairewere then sent a sent a second questionnaire and letter. Non-respondents tothe second survey were sent a reminder postcard. At this point, non-responders who had been sent questionnaires about judges who had not yetachieved a target cooperation rate of 40% were sent a third letter andquestionnaire—and a follow up postcard. During this process, the samplewas augmented for judges with a particularly low number of completedquestionnaires.

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2

Questionnaire: The questionnaire used in the 2002 Judicial Performance Survey isidentical to the questionnaire used for the 2000 survey. Respondentswere asked to use a grade of A, B, C, D, or F (Fail) to assess the justice’s orjudge’s performance in the areas of Courtesy, Impartiality, Communication,Judicial Temperament, Diligence and Application of the Law. These scoreswere then converted to a numerical value where A = 4, B = 3, C = 2, D = 1 andFail = 0.

Response: The response rate is calculated as the number of completed questionnairesdivided by the number of eligible respondents who actually received aquestionnaire. The following table shows the total number of questionnairesmailed, completed, non-responses & refusals, undeliverables and otherresponses. The table presents the overall response rate as well as theresponse rate by the different types of respondents.

A similar table showing the response count and cooperation rate for yoursurvey is provided at the end of this methodology section.

Attorney Respondents Total Sent Completed

Refused/Nonre-sponse

Unde-livered Other

ResponseRate

District Attorney 852 511 227 42 72 69.2%Attorney For Defendant 3,277 1,921 809 223 324 70.4%Attorney for Plaintiff 1,711 1,001 428 92 190 70.0%Guardian ad Litem 85 47 22 9 7 68.1%Unknown Attorney Type 460 206 112 102 40 64.8%

Attorney Total 6,385 3,686 1,598 468 633 69.8%

Non-Attny Respondents Total Sent Completed

Refused/Nonre-sponse

Unde-livered Other

ResponseRate

Law Enforcement 6,918 2,517 2,648 577 1,176 48.7%Social Services Casewrkr 117 61 36 15 5 62.9%Employee 1,946 1,142 526 105 173 68.5%Defendant 15,701 2,467 7,511 5,109 614 24.7%Plaintiff 3,276 943 1,538 553 242 38.0%Juror 12,910 6,565 4,443 776 1,126 59.6%Victim 3,158 414 1,601 788 355 20.5%Other 4,611 816 2,288 951 556 26.3%

Non-attorney Total 48,637 14,925 20,591 8,874 4,247 42.0%

Total 55,022 18,611 22,189 9,342 4,880 45.6%

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3

Results: The results of the Survey are in two main sections: Results and Comments.Within each main section are two subsections, one for each general type ofrespondent, attorney or non-attorney.

Results: This section shows the percentage distribution of grades youreceived on each of the substantive questions plus the retain/do not retainquestion. 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 all county ordistrict judges (as appropriate) surveyed in 2002, along with a secondcomparative column showing the results for all trial judges in the 2002 survey.

Comments: Each respondent was encouraged to comment on the judge’sperformance in the six areas of Courtesy, Impartiality, Communication,Judicial temperament, Diligence, Application of the law as well as the judge’sOverall performance. This section contains these comments—again dividedbetween results from attorneys and non-attorneys.

Sampling All sample surveys are subject to what is known as sampling error—theextent to which the results of the sample survey may differ from what wouldbe obtained if the entire population being surveyed had been interviewed.The size of the sampling error is almost entirely due to the number of peopleinterviewed for the survey and the variance of responses.

The table below shows the extent of sampling error (95%-confidence interval)for various sizes of random samples and sample percentage results.

Sample Size

25 50 100 150 200 300

Percentages near 10% or 90% ± 11.8% ± 8.3% ± 5.9% ± 4.8% ± 4.2% ± 3.4%Percentages near 20% or 80% ± 15.7% ± 11.1% ± 7.8% ± 6.4% ± 5.5% ± 4.5%Percentages near 30% or 70% ± 18.0% ± 12.7% ± 9.0% ± 7.3% ± 6.4% ± 5.2%Percentages near 40% or 60% ± 19.2% ± 13.6% ± 9.6% ± 7.8% ± 6.8% ± 5.5%Percentages near 50% ± 19.6% ± 13.9% ± 9.8% ± 8.0% ± 6.9% ± 5.7%

For example, suppose a reported percentage is 80% in a sample size of 150,then one could expect that 95% of the time that a random sample of the samesize and collected the same way would include the true populationpercentage within the range of 80% plus or minus 6.4%.

Averages such as grade points also have a 95% confidence interval, however itis not so easily displayed in a table as confidence intervals about a percentage.Suffice it to say that the confidence interval about a score generally increaseswith smaller sample size.

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

Error:

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Judge Gordon J. BosaSurvey Disposition Report

Total Sent

Response RateCompletes

Refusals & Nonresponse

Undeliv-erables

Other Response

District Attorney 3 2 66.7%1Attorney For Defendant 14 10 76.9%3 1Attorney for Plaintiff 3 1 100.0%1 1Guardian ad LitemUnknown Attorney Type

13 4 1 220 76.5%Sub Total:

Law Enforcement 19 16 94.1%1 1 1Social Services CaseworkerEmployee 12 10 90.9%1 1Defendant 201 54 34.0%105 42Plaintiff 19 9 56.3%7 3Juror 5 2 66.7%1 1 1Victim 20 5 41.7%7 5 3Other 22 7 38.9%11 3 1

103 133 55 7298 43.6%Sub Total:

116 137 56 9318 45.8%Total:

'Other Response' predominately includes people who sent back a survey saying they did not appear in the courtroom, and people who are deceased, or otherwise incapable of responding, and people who could not recall the experience.

1.

2. The Response Rate is calculated using the following formula: Completes(Total Sent - Undeliverables - Other Responses)

Judicial Performance Survey 2002 Judicial District 12