The DBA recently approved a new judicial evaluation poll (“JEP”) which will be released in May. The DBA has conducted a judicial evaluation poll in non-election years for over 30 years, but suspended the poll in 2007 to conduct a comprehensive review of the poll’s form, content and methodology. The new and improved poll incorporates many of the best practices and suggestions from the American Bar Association, judges and lawyers, and other bar associations around the country that successfully conduct judicial evaluation polls, including those in Austin, Fort Worth, Denton and Houston.

The JEP will continue to cover federal district, bankruptcy and magistrate judges in the Dallas Division of the Northern District of Texas; the state judges on the Fifth District Court of Appeals; civil and criminal district and county court judges, magistrate judges and associate judges; probate, juvenile and family court judges, associate judges and magistrate judges; and visiting judges. The 2009 poll includes only those judges who have served for a period of at least a year in a judicial office. Thus, some of the most recently elected judges will not be included in the poll.

Look for some of the new and improved features of the JEP:

New Questions and Ratings. Questions are designed to evaluate the work performed by trial and appellate judges. Questions at the trial court level will focus on a judge’s preparation for hearings and trials, impartiality, knowledge of the law, and the timely issuance of opinions and orders. At the appellate level, questions will cover a judge’s attentiveness during oral argument, open-mindedness in determining legal issues, and whether a judge’s opinions are well-reasoned, clearly written, and properly applies the law to the record. Of course, the poll continues to evaluate a judge’s judicial temperament and demeanor.

The JEP will no longer rate judges through “yes” and “no” answers. Four possible ratings are attached to each question of “Excellent,” “Acceptable,” “Needs Improvement” and “No Opinion.” These ratings are designed to be more instructive and constructive to judges who use the JEP to improve their performance. The DBA worked with trial and appellate judges in devising the new questions and ratings.

Certification of Personal Knowledge. One of the concerns frequently raised about the JEP was that lawyers rated judges when they had not appeared before the judge and had no personal knowledge of the judge. The JEP now requires the voting lawyer to certify that they have first-hand and personal knowledge of a judge’s performance in office within the last four years and of such a degree to allow the lawyer to reasonably evaluate the judge’s performance. A lawyer does not have to be an attorney of record to obtain first-hand personal knowledge of a judge’s performance, but cannot vote based on hearsay or reputation. A lawyer must make this certification for the vote to be counted.

Demographic Information. A best practice identified during the review of the JEP was the use of demographic information. Like Dallas, bar associations around the country faced criticisms that large-firm lawyers comprised the largest number of members who voted in the polls and that they often skewed ratings on judges though block-voting that was not based on personal knowledge. After bar associations began collecting voluntary demographic information, just the opposite was found to be true – most of the voters in judicial evaluation polls are lawyers who practice in small firms and solo practitioners.

The JEP will include questions seeking demographic data on the lawyers who vote. Please take the time to give us this vital demographic information because it will help the DBA in answering the question of who actually votes in the JEP. Questions will cover gender, race or ethnicity, size of local office, years in practice, and type of practice. These questions are optional, but it will be very helpful to the DBA as we continue to make improvements to the JEP. Even if you do not answer all the questions, please give us some of your demographic data. Doing so will help us to better serve you as a bar association.

The JEP will now include a fuller explanation of its methodology and a disclaimer that it is not an endorsement of any judge. Voting will be easy, especially if you vote online. Online voters are able to check the names of judges they wish to vote for based on personal knowledge and their ballots will include only the judges selected. If you have not provided your e-mail address to the DBA, please send it to jsmalling@dallasbar.org by Friday, May 8 in time to cast your vote online.

Online voting will begin on Monday, May 18. For those who do not vote online, the questionnaire will be mailed on May 18 and completed polls must be received at the DBA by 5 pm on June 1, 2009.