Evaluation of the Judiciary Serving Jefferson County, KY. Comparison of Judges Summary Report

Transcription

1 Evaluation of the Judiciary Serving Jefferson County, KY United States District Court for the Western District of Kentucky, United States Bankruptcy Court for the Western District of Kentucky, Magistrates for the Western District of Kentucky, Jefferson District Court and Jefferson District Court Senior Status Comparison of Judges Summary Report The Louisville Bar Association and The Louisville Bar Foundation 600 West Main Street Louisville, KY Evaluation Reported in 2010

2 Table of Contents Background and Methodology...1 General Satisfaction with Performance...5 Judicial Temperament Ratings...15 Court Management Ratings...25 Judicial Integrity Ratings...35 Legal Ability Ratings...45 Civil Cases Ratings...55 Criminal Cases Ratings...63 Prepared by: Thoroughbred Research Group 1941 Bishop Lane, Suite 1017 Louisville, KY i

3 Background and Methodology 1

4 Background and Methodology Background The Louisville Bar Association (LBA) contracted the services of Thoroughbred Research Group to assist in its annual review of the performance of sitting judges. The LBA sent evaluations to all Kentucky Bar Association members with contact addresses in Jefferson County to rate the performance of various judges with whom they have had experience over the past two years. Judges included in the evaluation were those serving on United States District Court for the Western District of Kentucky, United States Bankruptcy Court for the Western District of Kentucky, and Jefferson District Court. Also included in the evaluation were Magistrates for the Western District of Kentucky and Senior Status judges serving Jefferson District Court. Methodology In October, letters and postcards were sent to 4,082 LBA members informing them of the annual Judicial Evaluation. Members who were qualified to participate in the review were asked to fill out the postcard request and return it to Thoroughbred Research Group no later than October 16. A total of 581 postcard requests were received by the postmark date. Survey packets and return envelopes were mailed to the 581 members in mid-november. A reminder was posted on the LBA website approximately two weeks later. Respondents were asked to return the completed evaluation forms to Thoroughbred Research Group postmarked no later than December 11,. A total of 329 completed survey forms were returned by the postmark date. Response Rate Because of the size of the litigation bar and the nature of such practice, only a limited number of attorneys have had significant experience with a particular judge in a specific court. Consequently, from the original 4,082 attorneys who received notice of the evaluation, just a fraction could reasonably be expected to respond to the survey questions. Of those attorneys who were qualified and agreed to respond to the evaluation, many may have significant experience in only one of the courts evaluated or with a limited number of the judges listed. Still, the number of lawyers responding is more than adequate to result in a statistically valid evaluation of the judiciary. 2

5 The judges rated during the evaluation and the total number of respondents rating each judge are shown below: United States District Court for the Western District of Kentucky Jennifer B. Coffman (n = 71) John G. Heyburn II (n = 118) Thomas B. Russell (n = 65) Charles R. Simpson III (n = 85) United States Bankruptcy Court for the Western District of Kentucky Thomas H. Fulton (n = 52) Joan A. Lloyd (n = 56) David T. Stosberg (n = 57) Magistrates for the Western District of Kentucky James D. Moyer (n = 111) Dave Whalin (n = 86) Jefferson District Court Donald E. Armstrong Jr. (n = 164) Angela McCormick Bisig (n = 140) David P. Bowles (n = 131) Sheila A. Collins (n = 141) Sean R. Delahanty (n = 162) Jacquelyn P. Eckert (n = 127) Anne Leitsch Haynie (n = 173) Annette C. Karem (n = 105) Kathryn R. King (n = 138) Claude R. Prather (n = 123) Ann Bailey Smith (n = 117) Michele B. Stengel (n = 117) Jefferson District Court Senior Status Judith K. Bartholomew (n = 127) Kevin W. Delahanty (n = 117) Deborah J. Deweese (n = 104) Matthew K. Eckert (n = 104) Paula Fitzgerald (n = 123) Janice R. Martin (n = 126) William P. Ryan Jr. (n = 132) Joan A. Toni Stringer (n = 115) Questionnaire The survey instrument included a series of 19 attributes (17 attributes for United States Bankruptcy Court judges and Magistrates). Respondents were asked to indicate the extent to which they agreed or disagreed with each statement used to describe a particular judge using a four-point rating scale of strongly disagree, disagree, agree, and strongly agree. Respondents were also given an option to write in any advice they would give to a particular judge to improve his/her performance. These comments were provided only to the applicable judge under separate cover as confidential feedback for his or her personal review. General comments on how to improve the evaluation process or the court system were submitted to the LBA under separate cover. Respondents were instructed to rate only those judges with whom they have had substantial professional contact within the past two years. Where applicable, comparative ratings are shown from the most recent prior Judicial Evaluation in. 3

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7 General Satisfaction with Performance The rating for this category is based on the level of agreement with the following statement for each judge: Does a good job overall. This is an independent rating of the above attribute. It is not a mathematical average of all other ratings. 5

8 General Satisfaction with Performance United States District Court for the Western District of Kentucky Jennifer B. Coffman 88% 79% John G. Heyburn 96% 90% Thomas B. Russell 97% 94% Charles R. Simpson 74% 83% 6

9 General Satisfaction with Performance United States Bankruptcy Court for the Western District of Kentucky Thomas H. Fulton 90% 93% Joan A. Lloyd 94% 85% David T. Stosberg 56% 76% 7

10 General Satisfaction with Performance Magistrates for the Western District of Kentucky James D. Moyer 91% 92% Dave Whalin 89% 89% 8

11 General Satisfaction with Performance Jefferson District Court Donald E. Armstrong Jr. 96% 90% Angela McCormick Bisig 91% 82% David P. Bowles 95% Sheila A. Collins 83% 78% Sean R. Delahanty 85% 86% Note: David P. Bowles not evaluated in. 9

12 General Satisfaction with Performance Jefferson District Court (Continued) Jacquelyn P. Eckert 78% 83% Anne Leitsch Haynie 96% 94% Annette C. Karem 65% 70% Kathryn R. King 69% Claude R. Prather 95% 88% Note: Kathryn R. King not evaluated in. 10

13 General Satisfaction with Performance Jefferson District Court (Continued) Ann Bailey Smith 93% Michele B. Stengel 91% 83% Note: Ann Bailey Smith not evaluated in. 11

14 General Satisfaction with Performance Jefferson District Court Senior Status Judith K. Bartholomew 91% 96% Kevin W. Delahanty 76% 76% Deborah J. Deweese 83% 81% Matthew K. Eckert 89% 86% Paula Fitzgerald 36% Note: Paula Fitzgerald not evaluated in. 12

15 General Satisfaction with Performance Jefferson District Court Senior Status (Continued) Janice R. Martin 80% 84% William P. Ryan Jr. 66% 65% Joan A. "Toni" Stringer 93% 90% 13

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17 Judicial Temperament Ratings An average rating was calculated for the performance attributes that make up the Judicial Temperament category. This rating was calculated by averaging the positive ratings for each attribute ( strongly disagree and disagree for negative statements, agree and strongly agree for positive statements). The performance areas under Judicial Temperament are: Gives due consideration to arguments of counsel. Conducts court proceedings courteously. Pre-determines the outcome of the case. Refrains from interfering with the role of counsel in case presentation. Conducts court proceedings with objectivity. 15

18 Judicial Temperament United States District Court for the Western District of Kentucky Jennifer B. Coffman 89% 80% John G. Heyburn 90% 89% Thomas B. Russell 97% 95% Charles R. Simpson 81% 85% 16

19 Judicial Temperament United States Bankruptcy Court for the Western District of Kentucky Thomas H. Fulton 90% 91% Joan A. Lloyd 93% 91% David T. Stosberg 53% 66% 17

20 Judicial Temperament Magistrates for the Western District of Kentucky James D. Moyer 92% 94% Dave Whalin 89% 89% 18

21 Judicial Temperament Jefferson District Court Donald E. Armstrong Jr. 95% 91% Angela McCormick Bisig 90% 86% David P. Bowles 95% Sheila A. Collins 81% 77% Sean R. Delahanty 77% 83% Note: David P. Bowles not evaluated in. 19

22 Judicial Temperament Jefferson District Court (Continued) Jacquelyn P. Eckert 83% 80% Anne Leitsch Haynie 95% 93% Annette C. Karem 69% 76% Kathryn R. King 82% Claude R. Prather 96% 87% Note: Kathryn R. King not evaluated in. 20

23 Judicial Temperament Jefferson District Court (Continued) Ann Bailey Smith 94% Michele B. Stengel 92% 86% Note: Ann Bailey Smith not evaluated in. 21

24 Judicial Temperament Jefferson District Court Senior Status Judith K. Bartholomew 91% 92% Kevin W. Delahanty 72% 72% Deborah J. Deweese 86% 81% Matthew K. Eckert 90% 81% Paula Fitzgerald 57% Note: Paula Fitzgerald not evaluated in. 22

25 Judicial Temperament Jefferson District Court Senior Status (Continued) Janice R. Martin 83% 83% William P. Ryan Jr. 66% 60% Joan A. "Toni" Stringer 91% 92% 23

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27 Court Management Ratings An average rating was calculated for the performance attributes that make up the Court Management category. This rating was calculated by averaging the positive ratings for each attribute ( agree and strongly agree ). The performance areas under Court Management are: Conducts court business in a timely manner. Is usually available for business during normal working hours. Is familiar with the file so as to consider issues presented. Exercises appropriate control over court proceedings and court personnel. 25

28 Court Management United States District Court for the Western District of Kentucky Jennifer B. Coffman 93% 92% John G. Heyburn 97% 95% Thomas B. Russell 96% 95% Charles R. Simpson 82% 88% 26

29 Court Management United States Bankruptcy Court for the Western District of Kentucky Thomas H. Fulton 97% 97% Joan A. Lloyd 95% 93% David T. Stosberg 83% 92% 27

30 Court Management Magistrates for the Western District of Kentucky James D. Moyer 94% 93% Dave Whalin 98% 95% 28

31 Court Management Jefferson District Court Donald E. Armstrong Jr. 94% 92% Angela McCormick Bisig 90% 88% David P. Bowles 97% Sheila A. Collins 93% 86% Sean R. Delahanty 90% 92% Note: David P. Bowles not evaluated in. 29

32 Court Management Jefferson District Court (Continued) Jacquelyn P. Eckert 83% 86% Anne Leitsch Haynie 97% 96% Annette C. Karem 84% 83% Kathryn R. King 82% Claude R. Prather 96% 94% Note: Kathryn R. King not evaluated in. 30

33 Court Management Jefferson District Court (Continued) Ann Bailey Smith 97% Michele B. Stengel 90% 88% Note: Ann Bailey Smith not evaluated in. 31

34 Court Management Jefferson District Court Senior Status Judith K. Bartholomew 96% 94% Kevin W. Delahanty 84% 81% Deborah J. Deweese 89% 88% Matthew K. Eckert 95% 88% Paula Fitzgerald 49% Note: Paula Fitzgerald not evaluated in. 32

35 Court Management Jefferson District Court Senior Status (Continued) Janice R. Martin 83% 85% William P. Ryan Jr. 86% 84% Joan A. "Toni" Stringer 92% 92% 33

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37 Judicial Integrity Ratings An average rating was calculated for the performance attributes that make up the Judicial Integrity category. This rating was calculated by averaging the positive ratings for each attribute ( strongly disagree and disagree for negative statements, agree and strongly agree for positive statements). The performance areas under Judicial Integrity are: Is influenced by the race, gender, religion, national origin, disability, age, sexual orientation, or socio-economic status of persons appearing in court. Engages in out-of-court conduct or activity which directly interferes with judicial effectiveness. Is affected by partisan interests in the conduct of the court. Engages in ex parte communications which may prejudice proceedings. Lets personal relationships affect his/her judgment. Adheres to the highest ethical standards in and out of court. 35

38 Judicial Integrity United States District Court for the Western District of Kentucky Jennifer B. Coffman 95% 89% John G. Heyburn 92% 92% Thomas B. Russell 98% 97% Charles R. Simpson 85% 90% 36

39 Judicial Integrity United States Bankruptcy Court for the Western District of Kentucky Thomas H. Fulton 97% 94% Joan A. Lloyd 96% 94% David T. Stosberg 71% 83% 37

40 Judicial Integrity Magistrates for the Western District of Kentucky James D. Moyer 94% 97% Dave Whalin 95% 92% 38

41 Judicial Integrity Jefferson District Court Donald E. Armstrong Jr. 96% 90% Angela McCormick Bisig 90% 85% David P. Bowles 98% Sheila A. Collins 91% 84% Sean R. Delahanty 87% 88% Note: David P. Bowles not evaluated in. 39

42 Judicial Integrity Jefferson District Court (Continued) Jacquelyn P. Eckert 84% 86% Anne Leitsch Haynie 97% 95% Annette C. Karem 80% 83% Kathryn R. King 68% Claude R. Prather 96% 92% Note: Kathryn R. King not evaluated in. 40

43 Judicial Integrity Jefferson District Court (Continued) Ann Bailey Smith 93% Michele B. Stengel 92% 86% Note: Ann Bailey Smith not evaluated in. 41

44 Judicial Integrity Jefferson District Court Senior Status Judith K. Bartholomew 97% 94% Kevin W. Delahanty 82% 83% Deborah J. Deweese 92% 88% Matthew K. Eckert 92% 84% Paula Fitzgerald 75% Note: Paula Fitzgerald not evaluated in. 42

45 Judicial Integrity Jefferson District Court Senior Status (Continued) Janice R. Martin 90% 87% William P. Ryan Jr. 88% 82% Joan A. "Toni" Stringer 95% 93% 43

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47 Legal Ability Ratings The following charts show the level of agreement with the following statement for each judge: Renders decisions that reflect sound legal analysis. 45

48 Legal Ability United States District Court for the Western District of Kentucky Jennifer B. Coffman 73% 87% John G. Heyburn 91% 91% Thomas B. Russell 92% 94% Charles R. Simpson 76% 82% 46

49 Legal Ability United States Bankruptcy Court for the Western District of Kentucky Thomas H. Fulton 88% 93% Joan A. Lloyd 92% 87% David T. Stosberg 58% 77% 47

50 Legal Ability Magistrates for the Western District of Kentucky James D. Moyer 89% 93% Dave Whalin 85% 88% 48

51 Legal Ability Jefferson District Court Donald E. Armstrong Jr. 93% 91% Angela McCormick Bisig 81% 79% David P. Bowles 94% Sheila A. Collins 79% 78% Sean R. Delahanty 81% 85% Note: David P. Bowles not evaluated in. 49

52 Legal Ability Jefferson District Court (Continued) Jacquelyn P. Eckert 78% 82% Anne Leitsch Haynie 95% 95% Annette C. Karem 60% 69% Kathryn R. King 63% Claude R. Prather 82% 92% Note: Kathryn R. King not evaluated in. 50

53 Legal Ability Jefferson District Court (Continued) Ann Bailey Smith 91% Michele B. Stengel 79% 89% Note: Ann Bailey Smith not evaluated in. 51

54 Legal Ability Jefferson District Court Senior Status Judith K. Bartholomew 91% 85% Kevin W. Delahanty 73% 72% Deborah J. Deweese 83% 78% Matthew K. Eckert 89% 80% Paula Fitzgerald 33% Note: Paula Fitzgerald not evaluated in. 52

55 Legal Ability Jefferson District Court Senior Status (Continued) Janice R. Martin 77% 77% William P. Ryan Jr. 63% 61% Joan A. "Toni" Stringer 87% 88% 53

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57 Civil Cases Ratings The following charts show the level of agreement with the following statement for each judge: Does a good job in handling civil cases. U.S Bankruptcy Court judges and Magistrates were not evaluated on civil cases. 55

58 Civil Cases United States District Court for the Western District of Kentucky Jennifer B. Coffman 86% 77% John G. Heyburn 92% 90% Thomas B. Russell 95% 94% Charles R. Simpson 77% 80% 56

59 Civil Cases Jefferson District Court Donald E. Armstrong Jr. 96% 91% Angela McCormick Bisig 79% 89% David P. Bowles 97% Sheila A. Collins 88% 84% Sean R. Delahanty 83% 88% Note: David P. Bowles not evaluated in. 57

60 Civil Cases Jefferson District Court (Continued) Jacquelyn P. Eckert 84% 88% Anne Leitsch Haynie 96% 94% Annette C. Karem 74% 71% Kathryn R. King 64% Claude R. Prather 95% 86% Note: Kathryn R. King not evaluated in. 58

61 Civil Cases Jefferson District Court (Continued) Ann Bailey Smith 96% Michele B. Stengel 77% 89% Note: Ann Bailey Smith not evaluated in. 59

62 Civil Cases Jefferson District Court Senior Status Judith K. Bartholomew 93% 93% Kevin W. Delahanty 88% 84% Deborah J. Deweese 86% 83% Matthew K. Eckert 85% 97% Paula Fitzgerald 45% Note: Paula Fitzgerald not evaluated in. 60

63 Civil Cases Jefferson District Court Senior Status (Continued) Janice R. Martin 78% 83% William P. Ryan Jr. 78% 74% Joan A. "Toni" Stringer 90% 89% 61

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65 Criminal Cases Ratings The following charts show the level of agreement with the following statement for each judge: Does a good job in handling criminal cases. U.S Bankruptcy Court judges and Magistrates were not evaluated on criminal cases. 63

66 Criminal Cases United States District Court for the Western District of Kentucky Jennifer B. Coffman 92% 85% John G. Heyburn 83% 96% Thomas B. Russell 100% 97% Charles R. Simpson 75% 86% 64

67 Criminal Cases Jefferson District Court Donald E. Armstrong Jr. 95% 93% Angela McCormick Bisig 81% 91% David P. Bowles 97% Sheila A. Collins 84% 79% Sean R. Delahanty 86% 88% Note: David P. Bowles not evaluated in. 65

68 Criminal Cases Jefferson District Court (Continued) Jacquelyn P. Eckert 83% 82% Anne Leitsch Haynie 96% 95% Annette C. Karem 64% 69% Kathryn R. King 76% Claude R. Prather 94% 89% Note: Kathryn R. King not evaluated in. 66

69 Criminal Cases Jefferson District Court (Continued) Ann Bailey Smith 92% Michele B. Stengel 91% 84% Note: Ann Bailey Smith not evaluated in. 67

70 Criminal Cases Jefferson District Court Senior Status Judith K. Bartholomew 88% 93% Kevin W. Delahanty 77% 74% Deborah J. Deweese 84% 85% Matthew K. Eckert 90% 85% Paula Fitzgerald 34% Note: Paula Fitzgerald no evaluated in. 68

71 Criminal Cases Jefferson District Court Senior Status (Continued) Janice R. Martin 82% 83% William P. Ryan Jr. 67% 60% Joan A. "Toni" Stringer 95% 92% 69

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