2014 judicial evaluation comparative final draft

8/12/2019 2014 Judicial Evaluation Comparative FINAL DRAFT

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Evaluation of the Judiciary Serving Jefferson County, KYUnited States Dis t r ic t Cour t for the Western Dis t r ic t of K entucky,

Uni ted States Bankruptc y Cour t for the Western Dis t r ic t of Kentuc ky,Magis t ra tes for the Western Dis t r ic t of Kentuc ky,

Jefferson Dis t r ic t Cour t

Comparison of Judges

Summary Report

The Louisville Bar Association andThe Louisville Bar Foundation

600 West Main StreetLouisville, KY 40202

2014 Evaluation


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2014 Jefferson County Judicial Evaluation-- Summary Report of Findings

i

Table of Contents

Background and Methodology .............................................................................. ................................. 1

General Satisfaction with Performance ................................................................................................. 5

Judicial Temperament Ratings ............................................................................. ............................... 15

Court Management Ratings ............................................. ............................................ ........................ 26

Judicial Integrity Ratings .......................................... ............................................. ............................... 35

Legal Ability Ratings ............................................................................................................................ 45

Civil Cases Ratings ............................................................................................................................. 55

Criminal Cases Ratings ........................................... ............................................. ............................... 63

Prepared by:Thoroughbred Research Group1941 Bishop Lane, Suite 1017Louisville, KY 40218www.torinc.net


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1

Background andMethodology


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Background and Methodology

Background

The Louisville Bar Association (LBA) contracted the services of Thoroughbred Research Group to assist in its annual review of theperformance of sitting judges. The LBA sent evaluations to all Kentucky Bar Association members with contact addresses in JeffersonCounty to rate the performance of various judges with whom they have had experience over the past two years. Judges included in the 2014evaluation were those serving on United States District Court for the Western District of Kentucky, United States Bankruptcy Court for theWestern District of Kentucky, and Jefferson District Court. Also included in the 2014 evaluation were Magistrates for the Western District ofKentucky.

Methodology

In March 2014, letters and postcards were sent to 4,514 KBA 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 thanMarch 31, 2014. A total of 578 postcard requests were received by the postmark date. Survey packets and return envelopes were mailed tothe 578 members in early April. Reminders were posted on the LBA website and social media pages throughout the following two weeks.Respondents were asked to return the completed evaluation forms to Thoroughbred Research Group postmarked no later than April 28, 2014.

A total of 295 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 experiencewith a particular judge in a specific court. Consequently, from the original 4,514 attorneys who received notice of the evaluation, just a fractioncould 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, thenumber of lawyers responding is more than adequate to result in a statistically valid evaluation of the judiciary.

Questionnaire

The survey instrument included a series of 19 attributes for the United States District Court and Jefferson District Court, and 17 attributes forUnited States Bankruptcy Court and Magistrates that were used to evaluate the performance of each judge. Respondents were asked toindicate the extent to which they agreed or disagreed with each statement used to describe a particular judge using a four-point rating scale ofstrongly disagree, disagree, agree, and strongly agree. Respondents were also given an option to write in any advice they would give to aparticular judge to improve his/her performance. These comments were provided only to the applicable judge under separate cover as


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confidential feedback for his or her personal review. General comments on how to improve the evaluation process and the court system weresubmitted to the LBA and chief judge of each court, respectively, 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 2011.

The judges rated during the 2014 evaluation and the total number of respondents rating each judge is shown below:

United States District Court for the Western District of Kentucky Joseph H. McKinley Jr. (n = 43)

United States District Court for the Western District of Kentucky Senior Judge John G. Heyburn II (n = 112) Thomas B. Russell (n = 78) Charles R. Simpson III (n = 97)

United States Bankruptcy Court for the Western District of Kentucky Thomas H. Fulton (n = 42) Joan A. Lloyd (n = 45) Alan C. Stout (n = 34)

Magistrates for the Western District of Kentucky (Sitting in Louisville) James D. Moyer (n = 98) Dave Whalin (n = 79)

Magistrates for the Western District of Kentucky (Sitting Elsewhere) H. Brent Brennenstuhl (n = 11) Lanny King (n = 12)

Jefferson District Court Donald E. Armstrong Jr. (n = 175) David P. Bowles (n = 182) Stephanie Pearce Burke (n = 142) Gina Kay Calvert (n = 134) Sheila A. Collins (n = 144) Sean R. Delahanty (n = 152) Eric J. Haner (n=82) Anne Leitsch Haynie (n = 157) David L. Holton II (n = 171) Annette C. Karem (n = 135) Kathryn R. Katie King (n = 153) Deana H. Dee McDonald (n = 85)

Sandra L. McLaughlin (n = 120) Ann Bailey Smith (n = 138) Michele B. Stengel (n = 120) Jennifer B. Wilcox (n = 129) Erica Lee Williams (n = 124)

Jefferson District Court Senior Status Janice R. Martin (n = 90) Joan A. Toni Stringer (n = 90)

Note: Magistrates Brennenstuhl and King occasionally hear cases in the Louisville area, and are therefore included in this evaluation.However, they primarily adjudicate cases in other areas of the Western District of Kentucky. The views of the Louisville-area attorneysshown here should not be interpreted as an evaluation from the full range of attorneys who have practiced before these magistratesduring the past two years.


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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.

General Satisfaction with Performance


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General Satisfaction with PerformanceUnited States District Court for the Western District of Kentucky Senior Judge

83%

95%

93%

86%

97%

94%

Charles R.Simpson III

Thomas B. Russell

John G. Heyburn II

20142011


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General Satisfaction with PerformanceUnited States Bankruptcy Court for the Western District of Kentucky

92%

88%

91%

98%

83%

Alan C. Stout

Joan A. Lloyd

Thomas H. Fulton

20142011

Note: Alan C. Stout not evaluated in 2011


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General Satisfaction with PerformanceMagistrates for the Western District of Kentucky (Sitting Elsewhere)

73%

100%

Lanny King

H. BrentBrennenstuhl

20142011

Note: H. Brent Brennenstuhl and Lanny King not evaluated in 2011.

Note: Magistrates Brennenstuhl and King occasionally hear cases in the Louisville area, and are therefore included in thisevaluation. However, they primarily adjudicate cases in other areas of the Western District of Kentucky. The viewsof the Louisville-area attorneys shown here should not be interpreted as an evaluation from the full range ofattorneys who have practiced before these magistrates during the past two years


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Jefferson District Court

82%

78%

83%

89%

94%

97%

87%

88%

79%

81%

93%

88%

Sean R. Delahanty

Sheila A. Collins

Gina Kay Calvert

Stephanie PearceBurke

David P. Bowles

Donald E.Armstrong Jr .

20142011


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Jefferson District Court (Continued)

79%

72%

55%

96%

94%

77%

81%

54%

93%

94%

86%

Deana H. "Dee"McDonald

Kathryn R. "Katie"King

Annette C. Karem

David L. Holton II

Anne LeitschHaynie

Eric J. Haner

20142011

Note: Eric J. Haner not evaluated in 2011.


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Jefferson District Court (Continued)

89%

95%

77%

95%

41%

83%

88%

81%

87%

26%

Erica Lee Williams

Jennifer B. Wilcox

Michele B.Stengel

Ann Bailey Smith

Sandra L.McLaughlin

20142011


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Jefferson District Court

Senior Status

88%

80%

89%

77%

Joan A. "Toni"Stringer

Janice R. Martin

20142011


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An average rating was calculated for the performance attributes that make up the Judicial Temperament category. This ratingwas 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.

Judicial Temperament Ratings


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Judicial Temperament

United States District Court for the Western District of Kentucky Senior Judge

85%

94%

92%

89%

97%

95%


Thomas B.Russell

John G. Heyburn II

20142011


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Judicial TemperamentUnited States Bankruptcy Court for the Western District of Kentucky

89%

84%

95%

97%

90%

Alan C. Stout

Joan A. Lloyd

Thomas H. Fulton

20142011

Note: Alan C. Stout not evaluated in 2011.


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Judicial TemperamentMagistrates for the Western District of Kentucky (Sitting in Louisville)

89%

96%

93%

96%

Dave Whalin

James D. Moyer

20142011


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Judicial TemperamentMagistrates for the Western District of Kentucky (Sitting Elsewhere)

89%

100%

Lanny King


20142011


Note: Magistrates Brennenstuhl and King occasionally hear cases in the Louisville area, and are therefore included inthis evaluation. However, they primarily adjudicate cases in other areas of the Western District of Kentucky. Theviews of the Louisville-area attorneys shown here should not be interpreted as an evaluation from the full range ofattorneys who have practiced before these magistrates during the past two years


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Judicial TemperamentJefferson District Court

74%

77%

85%

91%

93%

88%

77%

88%

81%

82%

92%

90%

Sean R. Delahanty

Sheila A. Collins

Gina Kay Calvert


David P. Bowles


20142011


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Judicial TemperamentJefferson District Court (Continued)

81%

77%

62%

96%

93%

76%

88%

56%

93%

91%

90%


Kathryn R. "Katie"

King

Annette C. Karem

David L. Holton II

Anne LeitschHaynie

Eric J. Haner

20142011



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Judicial TemperamentJefferson District Court (Continued)

90%

95%

80%

95%

44%

82%

89%

86%

85%

34%

Erica Lee Williams

Jennifer B. Wilcox

Michele B.Stengel

Ann Bailey Smith

Sandra L.McLaughlin

20142011


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Judicial TemperamentJefferson District Court Senior Status

91%

82%

91%

80%


Janice R. Martin

20142011


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An average rating was calculated for the performance attributes that make up the Court Management category. This rating wascalculated 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.

Court Management Ratings


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Court ManagementUnited States District Court for the Western District of Kentucky

96%Joseph H.McKinley Jr.

20142011

Note: Joseph H. McKinley Jr. not evaluated in 2011.


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Court Management

United States District Court for the Western District of Kentucky Senior Judge

84%

97%

97%

89%

97%

97%


Thomas B.

Russell

John G. Heyburn II

20142011


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Court ManagementUnited States Bankruptcy Court for the Western District of Kentucky

92%

95%

96%

94%

95%

Alan C. Stout

Joan A. Lloyd

Thomas H. Fulton

20142011



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Court ManagementMagistrates for the Western District of Kentucky (Sitting in Louisville)

96%

97%

97%

97%

Dave Whalin

James D. Moyer

20142011


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Court ManagementMagistrates for the Western District of Kentucky (Sitting Elsewhere)

95%

100%

Lanny King


20142011


Note: Magistrates Brennenstuhl and King occasionally hear cases in the Louisville area, and are therefore included inthis evaluation. However, they primarily adjudicate cases in other areas of the Western District of Kentucky.The views of the Louisville-area attorneys shown here should not be interpreted as an evaluation from the fullrange of attorneys who have practiced before these magistrates during the past two years


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Court ManagementJefferson District Court

91%

89%

88%

93%

95%

92%

92%

93%

89%

87%

96%

95%

Sean R. Delahanty

Sheila A. Collins

Gina Kay Calvert


David P. Bowles

Donald E.Armstrong Jr.

20142011


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Court ManagementJefferson District Court (Continued)

86%

77%

76%

96%

93%

81%

82%

77%

94%

94%

91%



Annette C. Karem

David L. Holton II

Anne LeitschHaynie

Eric J. Haner

20142011



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Court ManagementJefferson District Court (Continued)

90%

98%

78%

97%

57%

83%

93%

85%

92%

55%

Erica Lee Williams

Jennifer B. Wilcox

Michele B.Stengel

Ann Bailey Smith

Sandra L.McLaughlin

20142011


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Court ManagementJefferson District Court Senior Status

92%

81%

88%

76%


Janice R. Martin

20142011


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An average rating was calculated for the performance attributes that make up the Judicial Integrity category. This rating wascalculated by averaging the po sitive ratings for each attribute (strongly disagree and disagree for negative statements, agreeand 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 ofpersons 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.

Judicial Integrity Ratings


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Judicial IntegrityUnited States District Court for the Western District of Kentucky


20142011



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Judicial IntegrityUnited States District Court for the Western District of Kentucky Senior Judge

89%

99%

93%

91%

99%

97%


Thomas B.

Russell

John G. Heyburn II

20142011


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Judicial IntegrityUnited States Bankruptcy Court for the Western District of Kentucky

93%

95%

100%

97%

96%

Alan C. Stout

Joan A. Lloyd

Thomas H. Fulton

20142011



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Judicial IntegrityJefferson District Court

86%

87%

87%

92%

96%

91%

87%

92%

87%

84%

94%

90%

Sean R. Delahanty

Sheila A. Collins

Gina Kay Calvert


David P. Bowles


20142011


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Judicial IntegrityJefferson District Court (Continued)

83%

73%

73%

97%

93%

78%

83%

72%

94%

94%

91%



Annette C. Karem

David L. Holton II

Anne LeitschHaynie

Eric J. Haner

20142011



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Judicial IntegrityJefferson District Court (Continued)

91%

97%

82%

95%

57%

81%

93%

86%

89%

52%

Erica Lee Williams

Jennifer B. Wilcox

Michele B.Stengel

Ann Bailey Smith

Sandra L.McLaughlin

20142011


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Judicial IntegrityJefferson District Court Senior Status

94%

84%

91%

83%


Janice R. Martin

20142011


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The following charts show the level of agreement with the following statement for each judge:

Renders decisions that reflect sound legal analysis.

Legal Ability Ratings


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Legal AbilityUnited States District Court for the Western District of Kentucky


20142011



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Legal AbilityUnited States District Court for the Western District of Kentucky Senior Judge

78%

92%

88%

84%

96%

95%


Thomas B.Russell

John G. Heyburn II

20142011


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Legal AbilityUnited States Bankruptcy Court for the Western District of Kentucky

92%

84%

94%

98%

85%

Alan C. Stout

Joan A. Lloyd

Thomas H. Fulton

20142011



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Legal AbilityMagistrates for the Western District of Kentucky (Sitting in Louisville)

90%

96%

90%

93%

Dave Whalin

James D. Moyer

20142011


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Legal AbilityMagistrates for the Western District of Kentucky (Sitting Elsewhere)

78%

100%

Lanny King


20142011


Note: Magistrates Brennenstuhl and King occasionally hear cases in the Louisville area, and are therefore included inthis evaluation. However, they primarily adjudicate cases in other areas of the Western District of Kentucky. Theviews of the Louisville-area attorneys shown here should not be interpreted as an evaluation from the full rangeof attorneys who have practiced before these magistrates during the past two years


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Legal AbilityJefferson District Court

79%

76%

80%

91%

91%

89%

79%

87%

74%

82%

91%

89%

Sean R. Delahanty

Sheila A. Collins

Gina Kay Calvert


David P. Bowles


20142011


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2014 J ff C J di i l E l i


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Legal AbilityJefferson District Court (Continued)

82%

93%

78%

96%

33%

76%

85%

81%

84%

24%

Erica Lee Williams

Jennifer B. Wilcox

Michele B.Stengel

Ann Bailey Smith

Sandra L.McLaughlin

20142011

2014 J ff C t J di i l E l ti


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Legal AbilityJefferson District Court Senior Status

84%

78%

87%

74%


Janice R. Martin

20142011

2014 Jefferson County Judicial Evaluation


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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 Bankruptc y Court judg es and Magis t ra tes were not evaluated on c ivi l cases .

Civil Cases Ratings

U.S Bankruptc y Court judg es and Magis t ra tes were not evaluated on c ivi l cases .



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Civil CasesUnited States District Court for the Western District of Kentucky


20142011



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Civil CasesJefferson District Court

88%

92%

84%

95%

95%

94%

88%

93%

82%

86%

92%

93%

Sean R. Delahanty

Sheila A. Collins

Gina Kay Calvert


David P. Bowles


20142011



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Civil CasesJefferson District Court (Continued)

78%

77%

64%

94%

92%

69%

83%

59%

94%

93%

86%


Kathryn R. "Katie"

King

Annette C. Karem

David L. Holton II

Anne LeitschHaynie

Eric J. Haner

20142011




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0 Je e so Cou ty Jud c a va uat o-- Summary Report of Findings

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Civil CasesJefferson District Court (Continued)

89%

96%

79%

95%

38%

84%

87%

81%

87%

37%

Erica Lee Williams

Jennifer B. Wilcox

Michele B.Stengel

Ann Bailey Smith

Sandra L.McLaughlin

20142011



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y-- Summary Report of Findings

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Civil CasesJefferson District Court Senior Status

89%

80%

84%

72%


Janice R. Martin

20142011



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y-- Summary Report of Findings

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-- Summary Report of Findings

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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 Bankruptc y Court judg es and Magis t ra tes were not evaluated on cr iminal cases .

Criminal Cases Ratings


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Criminal Cases

United States District Court for the Western District of Kentucky

Senior Status

86%

98%

98%

91%

95%

96%


Thomas B.Russell

John G. Heyburn II

20142011



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Criminal CasesJefferson District Court

83%

78%

82%

89%

91%

85%

86%

86%

77%

80%

92%

88%

Sean R. Delahanty

Sheila A. Collins

Gina Kay Calvert


David P. Bowles


20142011

2014 Jefferson County Judicial EvaluationS R f Fi di


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Criminal CasesJefferson District Court (Continued)

80%

73%

55%

95%

92%

73%

82%

51%

91%

93%

86%



Annette C. Karem

David L. Holton II

Anne LeitschHaynie

Eric J. Haner

20142011


2014 Jefferson County Judicial EvaluationS R f Fi di


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Criminal CasesJefferson District Court (Continued)

91%

95%

78%

96%

36%

81%

88%

84%

87%

25%

Erica Lee Williams

Jennifer B. Wilcox

Michele B.Stengel

Ann Bailey Smith

Sandra L.McLaughlin

20142011

2014 Jefferson County Judicial EvaluationS R t f Fi di g


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Criminal CasesJefferson District Court Senior Status

91%

81%

94%

78%


Janice R. Martin

20142011

2014 Jefferson County Judicial EvaluationSummary Report of Findings


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2014 judicial evaluation comparative final draft

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