Alaska Judicial Council Recommendation Judge Gregory J. Motyka, District Court, Anchorage
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1 Alaska Judicial Council Recommendation Judge Gregory J. Motyka, District Court, Anchorage Judicial Council Recommendation The Alaska Judicial Council, a non-partisan citizens commission established by the Alaska constitution, evaluates judges on a number of criteria, including their legal ability, demeanor, their diligence, their ability to manage their caseloads, and their fairness and integrity. The Judicial Council finds Judge Motyka to be Qualified and recommends unanimously that the public vote "YES" to retain him as a district court judge. Judicial Council Evaluation The Judicial Council surveyed 3,036 attorneys, 1,492 peace and probation officers, social workers/guardians ad litem, and child advocates, jurors, and court employees about the judges on the ballot. Respondents were asked to rate judicial performance and to submit comments. The Council also reviewed the ratings and observations of the Alaska Judicial Observers, independent community-based volunteers. The Council reviewed court system records concerning peremptory challenges, recusals, and appellate affirmance and reversal rates; any civil or criminal litigation involving the judge; APOC and court system conflict-of-interest statements; any disciplinary files; and whether a judge s pay was withheld for an untimely decision. The Council investigated judicial conduct in specific cases. The Council interviewed some judges, attorneys, court staff, and others. The Council held a statewide public hearing to obtain comments about judges. Attorney Survey Peace Officer Survey Juror Survey Court Employee Survey Social Workers Guardians ad Litem CASAs Legal Ability Impartiality Integrity Temperament Diligence Overall Ratings are based on a one to five scale. Five is the best rating and three is acceptable. Rating Scale 5.0 = Excellent 4.0 = Good 3.0 = Acceptable 2.0 = Deficient 1.0 = Poor Summary of Survey Information Attorneys in Alaska rated Judge Motyka on the six categories summarized in the table above, using 5 as the highest rating possible. The attorney rating for Judge Motyka on overall performance was 4.2. Peace and probation officers rated Judge Motyka on five categories, using the 5-point scale above. They gave Judge Motyka a rating of 4.2. Four other groups were also asked to evaluate Judge Motyka s performance, using the same 5-point scale with 5 as the highest rating. Jurors rated him 4.8, and court employees gave him 4.2. There were no responses from social workers, guardians ad litem and CASA volunteers. The Alaska Judicial Observers rated him 3.7. Recommendation: Vote YES to retain Judge Gregory J. Motyka Contact the Judicial Council at 1029 W. Third Avenue, Suite 201, Anchorage, AK (telephone: (907) ) for more detailed information, or review the information on our Internet site at: November 2006
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9 55. DISTRICT COURT JUDGE GREGORY MOTYKA A. Alaska Bar Association Demographic Description (N=332) N % Type of Practice No Response 3 0.9% Private, Solo % Private, 2-5 Attorneys % Private, 6+ Attorneys % Private, Corporate Employee 7 2.1% State Judge or Judicial Officer % Government % Public Service Agency or Organization (not govt) 6 1.8% Other 7 2.1% Length of Alaska Practice No Response 5 1.5% 5 Years or fewer % 6 to 10 years % 11 to 15 years % 16 to 20 years % 21 years or more % Gender No Response 3 0.9% Male % Female % Cases Handled No Response 4 1.2% Prosecution % Mainly Criminal % Mixed Criminal & Civil % Mainly Civil % Other % Location of Practice No Response 3 0.9% First District 4 1.2% Second District 4 1.2% Third District % Fourth District % Outside of Alaska 4 1.2% 309
10 Evaluation of Judge Gregory Motyka: Alaska Bar Association Members Summary of Findings Judge Gregory Motyka was evaluated by 295 Alaska Bar Association members who reported having direct professional experience with the judge. The mean score on overall evaluation was 4.2. The highest mean score was obtained on integrity (4.3) and the lowest scores were obtained on legal ability (4.1), judicial temperament (4.1) and diligence (4.1). Details are present in the two tables that follow. Poor Deficient Accept Good Excellent N % N % N % N % N % Mean Legal Ability 3 1.0% 6 2.0% % % % 4.1 Impartiality/Fairness 5 1.6% % % % % 4.2 Integrity 4 1.3% 2 0.6% % % % 4.3 Judicial Temperament 5 1.7% 8 2.7% % % % 4.1 Diligence 5 1.7% 7 2.4% % % % 4.1 Overall Rating 3 1.0% 8 2.7% % % % 4.2 Note: Ratings for only those respondents who reported direct professional experience with the judge. 310
11 Judge Gregory Motyka: Detailed Information Responses Alaska Bar Association Members Legal Ability Impartiality/ Fairness Integrity Judicial Temperament Diligence Overall Rating Mean N Mean N Mean N Mean N Mean N Mean N Basis for Evaluation of Judge No Response Direct Professional Professional Reputation Other Personal Contacts Type of Practice No Response Private, Solo Private, 2-5 Attorneys Private, 6+ Attorneys Private, Corporate Employee State Judge or Judicial Officer Government Public Service Agency or Organization (not govt) Other Years Experience No Response Years or fewer to 10 years to 15 years to 20 years years or more Gender No Response Male Female Majority of Practice Consists of No Response Prosecution Mainly Criminal Mixed Criminal & Civil Mainly Civil Other Location of Practice No Response First District Second District Third District Fourth District Outside of Alaska Note: Ratings for only those respondents who reported direct professional experience with the judge. 311
12 55. DISTRICT COURT JUDGE GREGORY MOTYKA B. Peace and Probation Officers Demographic Description (N=50) Type of Work Length of Alaska Experience Gender Location of Practice Community Population N % No Response -- 0 State Law Enforcement Officer % Municipal/Borough Law Enforcement Officer % Village Public Safety Officer (VPSO) -- 0 Probation/Parole Officer 3 6.0% Other 1 2.0% No Response Years or fewer 4 8.0% 6 to 10 years % 11 to 15 years % 16 to 20 years % 21 years or more % No Response -- 0 Male % Female % No Response -- 0 First District 1 2.0% Second District -- 0 Third District % Fourth District -- 0 Outside of Alaska -- 0 No Response -- 0 Under 2, % Between 2,000 and 35, % Over 35, % 312
13 Evaluation of Judge Gregory Motyka Peace and Probation Officers Summary of Findings Judge Gregory Motyka was evaluated by 40 Peace and Probation Officers who reported having direct professional experience with the judge. The mean score on overall evaluation was 4.2. The highest mean score was obtained on integrity (4.3) and all the other areas obtained a score of 4.2. Details are present in the two tables that follow. Poor Deficient Accept Good Excellent N % N % N % N % N % Mean Impartiality/Fairness % % % % 4.2 Integrity % % % 4.3 Judicial Temperament % % % % 4.2 Diligence % % % % 4.2 Overall Rating % % % % 4.2 Note: Ratings for only those respondents who reported direct professional experience with the judge. 313
14 Judge Gregory Motyka: Detailed Information on Responses Peace and Probation Officers Impartiality/ Fairness Integrity Judicial Temperament Diligence Overall Rating Mean N Mean N Mean N Mean N Mean N Basis for Evaluation of Judge No Response Direct Professional Professional Reputation Other Personal Contacts Type of Work No Response State Law Enforcement Officer Municipal/Borough Law Enforcement Officer Village Public Safety Officer (VPSO) Probation/Parole Officer Other Years Experience No Response Years or fewer to 10 years to 15 years to 20 years years or more Gender No Response Male Female Location of Practice No Response First District Second District Third District Fourth District Outside of Alaska Community Population No Response Under 2, Between 2,000 and 35, Over 35, Note: Ratings for only those respondents who reported direct professional experience with the judge. 314
15 55. DISTRICT COURT JUDGE GREGORY MOTYKA C. Social Workers, Guardians ad Litem, and CASA Volunteers No respondents for Judge Gregory Motyka for this group. 315
16 District Court Judge Gregory Motyka Average Ratings from All Groups Surveyed Legal Ability* Impartiality Integrity Judicial Temperament Diligence Overall Evaluation Alaska Bar Association Peace and Probation Officers *Legal Ability items are only completed by Alaska Bar Association members.
17 Alaska Judicial Council Juror Survey Memo, April 17, 2006 Page 21 Juror Survey Results 2006 Retention Evaluation Gregory Motyka Distribution of Ratings Survey Category Mean Excellent Good Acceptable Deficient Poor Total Returned = 47 Impartiality/Fairness % 36 21% 10 0% 0 0% 0 0% 0 46 Respectful/Courteous % 40 15% 7 0% 0 0% 0 0% 0 47 Attentive during Proceedings % 33 28% 13 2% 1 0% 0 0% 0 47 Control over Proceedings % 40 15% 7 0% 0 0% 0 0% 0 47 Intelligence/Skill as a Judge % 38 17% 8 2% 1 0% 0 0% 0 47 Overall Evaluation % 39 17% 8 0% 0 0% 0 0% 0 47
18 Alaska Judicial Council Court Employee Survey Memo, April 17, 2006 Page 21 Court Employee Survey Results 2006 Retention Evaluation Gregory Motyka Distribution of Ratings Survey Category Mean Excellent Good Acceptable Deficient Poor Total Returned = 62 Impartiality/Fairness % 24 39% 24 13% 8 3% 2 0% 0 58 Integrity % 26 36% 22 13% 8 2% 1 0% 0 57 Judicial Temperament % 26 32% 20 18% 11 0% 0 2% 1 58 Diligence % 24 31% 19 19% 12 3% 2 0% 0 57 Overall Evaluation % 27 31% 19 15% 9 3% 2 0% 0 57
19 Judge Gregory J. Motyka Prior Scores Summary Retention 2006 Appointed 07/26/91 to Anchorage District Court Bar Survey 2006 Retention Interim Retention Retention Retention Legal Ability Impartiality Integrity Judicial Temperament Diligence Overall Performance Peace & Probation Officer Survey 2006 Retention Interim Retention Retention Retention Impartiality Integrity Judicial Temperament Diligence Overall Performance
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