Retention evaluation materials for this judge

Transcription

1 2010 Retention Evaluation - Patrick J. McKay - Anchorage Alaska Judicial Council 2010 Judicial Retention Performance Evaluation Materials Judge Patrick J. McKay Anchorage Superior Court The Judicial Council finds Judge McKay to be Qualified and recommends unanimously that the public vote "YES" to retain him as a superior court judge. Retention evaluation materials for this judge 1. Voter pamphlet page This page will appear in the State of Alaska Election Pamphlet sent to each Alaskan household. 2. Judge questionnaire The judge s response to a Judicial Council questionnaire. 3. Survey scores in 2010 (To view survey scores for all judges on the ballot go to main 2010 retention page.) a. Attorney; Peace Officer; Social Worker/Guardians Ad Litem/CASA scores b. Juror survey scores c. Court employee survey scores Survey scores in previous retention evaluations (This judge is standing for retention for the first time) Retention evaluation materials for all judges on the ballot (To view these materials go to main 2010 retention page.) 1. Peremptory challenges Analysis of peremptory challenge rates for judges. 2. Recusals Evaluation of judge s record of self-disqualification from cases, or recusals. 3. Appellate Affirmance Rates Analysis of appellate decisions involving each trial judge s cases. 4. Salary Warrant Withholdings Evaluation of judge s record of pay withholding for undecided or uncompleted decisions. Page 1 of 18

2 2010 Retention Evaluation - Patrick J. McKay - Anchorage Alaska Judicial Council Recommendation Judge Patrick J. McKay, Superior Court, Anchorage Judicial Council Recommendation 2010 The Alaska Judicial Council is a non-partisan citizens commission established by the Alaska constitution. Alaskan law requires the Council to evaluate judges performance and authorizes the Council to recommend to voters whether judges should be retained in office. The Judicial Council reviews judges integrity, diligence, legal ability, fairness, demeanor, ability to manage their caseloads, and overall performance of their judicial responsibilities in and out of the courtroom. Judge McKay was reprimanded by the Alaska Supreme Court as a result of the judge s conviction for Driving Under the Influence. Judge McKay responded honestly and constructively to this reprimand and complied with the court s treatment requirements and other conditions in every respect. The Judicial Council finds Judge McKay to be Qualified and recommends unanimously that the public vote "YES" to retain him as a superior court judge. Judicial Council Evaluation The Judicial Council surveyed thousands of Alaskans including peace and probation officers, court employees, attorneys, jurors, social workers/guardians ad litem, and child advocates 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 the judge s peremptory challenge, 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 involving the judge; and whether a judge s pay was withheld for an untimely decision. The Council reviewed other court records and investigated judicial conduct in specific cases. The Council interviewed some judges, attorneys, and court staff, and 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. URating Scale 5.0 = Excellent 4.0 = Good 3.0 = Acceptable 2.0 = Deficient 1.0 = Poor Summary of Survey Information Survey respondents rated Judge McKay on the categories summarized in the table above, using 5 as the highest rating possible. The attorney rating for Judge McKay on overall performance was 4.1. Peace and probation officers gave Judge McKay a rating of 3.3. Jurors rated him 5.0 overall, court employees gave him 4.6, and social workers, guardians ad litem and CASA volunteers rated him at 3.5. The Alaska Judicial Observers rated him Recommendation: Vote YES to retain Judge Patrick J. McKay Page 2 of 18

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10 2010 Retention Evaluation - Patrick J. McKay - Anchorage Third Judicial District Patrick J. McKay - Anchorage Superior Court Summary of survey information Summary Sheet and Detailed Survey Scores Judge McKay s detailed survey scores follow. Attorneys rated him 4.1 on overall performance. Peace and probation officers rated him 3.3 overall, and social workers, Guardians ad Litem and CASA volunteers rated him 3.5 overall. Attorney Survey N=187 Peace Officer Survey N=15 Social Workers Guardians ad Litem CASAs N=2 Legal Ability Impartiality Integrity Temperament Diligence Overall The Judicial Council s Evaluation Process State law requires the Judicial Council to evaluate each judge standing for retention, and to report its evaluations to the voters. The three surveys reported here are an important part of the Council s evaluations. The Council also considers survey ratings by jurors and court employees, public comments, and the ratings by the independent citizen volunteers at Alaska Judicial Observers. Along with the personal observations of the hundreds of people who had direct professional experience with the judge, the Council reviews any litigation involving the judge, conflict of interest records, public disciplinary files, and indicators of judicial performance such as appellate affirmances and reversals, and peremptory challenges and recusals. All of the evaluation information about the judge is on the Council s website at Information Insights, Inc. Retention Page 10 of 18

11 2010 Retention Evaluation - Patrick J. McKay - Anchorage Superior Court Judge Patrick J. McKay A. Alaska Bar Association Demographic Description Type of Practice Length of Alaska Practice Gender Cases Handled Location of Practice N % No Response 3.9% Private, Solo % Private, 2-5 Attorneys % Private, 6+ Attorneys % Private, Corporate Employee 6 1.8% Judge or Judicial Officer % Government % Public Service Agency or Organization 8 2.4% (Not Govt) Other 8 2.4% No Response 7 2.1% 5 Years or fewer % 6 to 10 years % 11 to 15 years % 16 to 20 years % 21 years or more % No Response 7 2.1% Male % Female % No Response 3.9% Prosecution % Mainly Criminal % Mixed Criminal & Civil % Mainly Civil % Other % No Response 2.6% First District % Second District 3.9% Third District % Fourth District % Outside of Alaska 1.3% 94 Retention 2010 Information Insights, Inc. Page 11 of 18

12 2010 Retention Evaluation - Patrick J. McKay - Anchorage Judge Patrick J. McKay: Detailed Information Responses Alaska Bar Association Members Legal Ability Impartiality/ Fairness Integrity Judicial Temperament Diligence Overall Evaluation Mean N Mean N Mean N Mean N Mean N Mean N Basis for Evaluation 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 Judge or Judicial Officer Government Public Service Agency or Organization (Not Govt) Other Years of Practice in Alaska No Response Years or fewer to 10 years to 15 years to 20 years years or more Gender No Response Male Female Cases Handled 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. Information Insights, Inc. Retention Page 12 of 18

13 2010 Retention Evaluation - Patrick J. McKay - Anchorage Superior Court Judge Patrick J. McKay B. Peace and Probation Officers Demographic Description Type of Work Length of Alaska Experience Gender Location of Work Community Population N % No Response % State Law Enforcement Officer % Municipal/Borough Law Enforcement Officer % Village Public Safety Officer (VPSO) % Probation/Parole Officer % Other 1 4.5% No Response 1 4.5% 5 Years or fewer % 6 to 10 years 2 9.1% 11 to 15 years % 16 to 20 years 2 9.1% 21 years or more 1 4.5% No Response % Male % Female % No Response % First District % Second District % Third District % Fourth District % Outside of Alaska % No Response % Under 2, % Between 2,000 and 35, % Over 35, % 96 Retention 2010 Information Insights, Inc. Page 13 of 18

14 2010 Retention Evaluation - Patrick J. McKay - Anchorage Judge Patrick J. McKay Peace and Probation Officers Impartiality/ Fairness Integrity Judicial Temperament Diligence Overall Evaluation Mean N Mean N Mean N Mean N Mean N Basis for Evaluation 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 Length of 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 Work 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. Information Insights, Inc. Retention Page 14 of 18

15 2010 Retention Evaluation - Patrick J. McKay - Anchorage Superior Court Judge Patrick J. McKay C. Social Workers, Guardians ad Litem, and CASA Volunteers Demographic Description Type of Work Length of Alaska Experience Gender Location of Work Community Population N % No Response % Social Worker % Guardian ad Litem % CASA Volunteer % Other % No Response % 5 Years or fewer % 6 to 10 years % 11 to 15 years % 16 to 20 years % 21 years or more % No Response % Male % Female % No Response % First District % Second District % Third District 4 100% Fourth District % Outside of Alaska % No Response % Under 2, % Between 2,000 and 35, % Over 35, % 98 Retention 2010 Information Insights, Inc. Page 15 of 18

16 2010 Retention Evaluation - Patrick J. McKay - Anchorage Judge Patrick J. McKay Social Workers, Guardians ad Litem, and CASA Volunteers Impartiality/ Fairness Integrity Judicial Temperament Diligence Overall Evaluation Mean N Mean N Mean N Mean N Mean N Basis for Evaluation No Response Direct Professional Professional Reputation Other Personal Contacts Type of Work No Response Social Worker Guardian ad Litem CASA Volunteer Length of 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 Work 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. Information Insights, Inc. Retention Page 16 of 18

17 Alaska Judicial Council Juror Survey Memo, March 26, 2010 Page Retention Evaluation - Patrick J. McKay - Anchorage Juror Survey Results 2010 Retention Evaluation Patrick J. McKay Distribution of Ratings Survey Category Mean Excellent % (n) Good % (n) Acceptable % (n) Deficient % (n) Poor % (n) Total Responses Impartiality/Fairness % 282 6% 19 1% 2 0% 0 0% Respectful/Courteous % 295 3% 9 0% 0 0% 0 0% Attentive during Proceedings % 291 4% 12.3% 1 0% 0 0% Control over Proceedings % 280 8% 23 0% 0 0% 0 0% Intelligence/Skill as a Judge % 284 6% 19.3% 1 0% 0 0% Overall Evaluation % 290 5% 14 0% 0 0% 0 0% Page 17 of 18

18 Alaska Judicial Council 2010 Court Employee Survey Memo February 24, 2010 Page Retention Evaluation - Patrick J. McKay - Anchorage Court Employee Survey Results 2010 Retention Evaluation Patrick J. McKay Question Excellent % (n) Good % (n) Acceptable % (n) Deficient % (n) Poor % (n) Mean Total Responses Impartiality/Fairness 62% 44 27% 19 9% 6 3% 2 0% Integrity 59% 44 21% 16 12% 9 8% 6 0% Judicial Temperament 66% 49 24% 18 5% 4 4% 3 0% Diligence 61% 43 31% 22 6% 4 1% 1 0% Overall Evaluation 65% 47 26% 19 7% 5 1% 1 0% Page 18 of 18