2004 Ballot Propositions

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2004 VOTER INFORMATION GUIDE

REPORT OF THE ARIZONA COMMISSION

ON JUDICIAL PERFORMANCE REVIEW

 

1501 West Washington

Suite 227

Phoenix, Arizona 85007-3231

 

E-mail: jpr@supreme.sp.state.az.us

Internet: http://www.supreme.state.az.us/jpr

Telephone: (602) 364-0098

 

TABLE OF CONTENTS

 

IMPORTANT

A JUDGE CHECKLIST has been provided on the back inside cover of this

pamphlet.

The JUDGE CHECKLIST will assist you when voting.

 

 

Page

Report of the Commission

63

Commission Members

65

 

JUDGE/JUSTICE REPORTS

 

 

 

 

Arizona Supreme Court Justices

 

Berch, Rebecca White

66

 

Jones, Charles E.

66

 

Ryan, Michael D.

66

Court of Appeals Division I Judges

 

Barker, Daniel A.

67

 

Ehrlich, Susan A.

67

 

Gemmill, John C.

67

 

Hall, Philip L.

68

 

Irvine, Patrick

68

 

Lankford, Jefferson L.

68

 

Snow, G. Murray

69

 

Sult, James B.

69

 

Thompson, Jon W.

70

 

Winthrop, Lawrence F.

69

Court of Appeals Division II Judges

 

Florez, M. Jan

70

 

Pelander, John

70

Superior Court in Pima County

 

Civil Judges

 

 

Bernini, Deborah

71

 

Cornelio, Carmine

71

 

Eikleberry, Jane L.

71

 

Fields, Richard S.

72

 

Miller, Leslie B.

72

 

Sabalos, Charles S.

72

 

Criminal Judges

 

 

Kearney, Jan E.

73

 

Kelly, Virginia C.

73

 

Lee, Kenneth

73

 

Tang, Paul E.

74

 

Family Judges

 

 

Acuna, Edgar B.

74

 

Warner, Nanette

74

 

Juvenile Judges

 

 

Hantman, Howard

75

 

Miller, Michael O.

75

 

Villarreal, Stephen C.

75

 

Special Assignment Judges

 

 

Escher, Patricia

76

 

Leonardo, John S.

76

 

Munger, Clark W.

76

Superior Court in Maricopa County

 

Civil Judges

 

 

Albrecht, Rebecca A.

77

 

Baca, Anna M.

77

 

Dunevant, Thomas, III

77

 

Fields, Kenneth L.

78

 

Galati, Frank T.

78

 

Hilliard, Ruth H.

78

 

Jarrett, Barbara M.

79

 

Katz, Paul A.

79

 

McNally, Colleen A.

79

 

O'Melia, Michael J.

80

 

Maricopa Criminal Judges

 

 

Araneta, Louis A.

80

 

Ballinger, Eddward P., Jr.

80

 

Buttrick, John A.

81

 

Foreman, John

81

 

McClennen, Crane

81

 

Schneider, Barry C.

82

 

Trujillo, Richard J.

82

 

Maricopa Family Judges

 

 

Akers, Linda A.

82

 

Blakey, A. Craig, II

83

 

Contes, Connie

83

 

Ditsworth, John R.

83

 

Harrison, Cari A.

84

 

Mahoney, Margaret R.

84

 

Oberbillig, Robert H.

84

 

Sheldon, Steven D.

85

 

Steinle, Roland J., III

85

 

Udall, David K.

85

 

 

 

 

Maricopa Juvenile Judges

 

 

Arellano, Silvia R.

86

 

Cole, David R.

86

 

Franks, Pamela J.

86

 

Klein, Andrew G.

87

 

McVey, Michael R.

87

 

Miles, Linda H.

87

 

Sanders, Teresa A.

88

 

Sargeant, William P., III

88

 

Stephens, Sherry K.

88

 

Maricopa Special Assignment Judges

 

 

Campbell, Colin F.

89

 

Martin, Gregory H.

89

 

Reinstein, Ronald S.

89

 

Santana, Mark R.

90

Judge Checklist (Mark and Take to Polling Location)

92-94

 

REPORT OF THE ARIZONA COMMISSION ON JUDICIAL PERFORMANCE REVIEW

Merit Selection of Judges

In 1974, the voters of Arizona decided that Superior Court judges in counties with populations over 250,000 (currently Maricopa and Pima) and all appellate judges on Arizona's Supreme Court and Court of Appeals should first be appointed by the Governor from a list of qualified candidates recommended by a Commission consisting primarily of public members. Thereafter, during periodic elections, Arizona voters would decide whether to retain those judges. As a voter, you determine if the judges should remain in office.

One intent of merit selection is to remove politics from the judicial selection process. Another is to avoid the appearance or possibility of compromising judicial impartiality and integrity if judges are forced to solicit campaign contributions from, among others, attorneys who may practice before them, or people who may someday appear before them in court.

 

High Standards are Set for Arizona's Judiciary

 

Arizona judges are expected to meet high standards of performance:

 

 

Arizona's Commission on Judicial Performance Review

Established in 1992 by an amendment to the Arizona Constitution, the majority of the 34 member Commission is drawn from the public-at-large and the other members are attorneys, judges and legislators. The Commission establishes performance standards for judges, decides whether or not a judge meets those standards, and communicates its findings to you, the voters.

The Commission collects information on judges' performances by distributing written surveys and conducting public hearings for persons who have first-hand knowledge of the job performance of judges appearing on the 2004 general election ballot. The Commission also accepts written comments regarding the performance of judges.

The responses to the surveys are compiled by an independent data center and the results forwarded to the Commission. Its members review all the information on each judge and vote whether the judge met, or did not meet, judicial performance standards. When the Commission votes, the judges' names are encoded so that members do not know which judge they were voting on until all the votes are counted.

Evaluating Judges' Job Performances

The Commission on Judicial Performance Review has the duty to review judges' performances and to provide meaningful and accurate information to the public for its use in making informed decisions regarding retention of merit-selected judges.

Every two years, the job performance of Superior Court judges in Maricopa and Pima Counties is evaluated. The following pages contain evaluations of the job performance of judges who are subject to retention by voters in this election. These evaluations were based on survey results gathered from court staff, jurors, litigants, witnesses, persons representing themselves and attorneys. The score is the total of the evaluators who rated the judge "satisfactory" or "very good" or "superior" in each of the Commission's evaluation categories. Depending on the Superior Court judge's bench assignment, the judge may not have responses in certain categories (indicated by N/A). Verbal testimony given at public hearings, as well as signed, written public comments, are considered by the Commission when voting whether a judge "meets" or "does not meet," judicial performance standards.

The job performances of justices of the Arizona Supreme Court and Court of Appeals judges are evaluated using similar methods on a continuous basis. Surveys are distributed to lawyers and other judges who appear before them. Because appellate courts do not hold trials, there are no litigant, witness or juror responses to consider.

The collection of reliable data is key to the success of this evaluation process and the Commission has confidence in the accuracy of the data it has received. The distribution of survey instruments to certain respondent groups, however, was accomplished in a cost-effective process which may not have been, in all respects, in accordance with scientific procedures.

Commission members reviewed, considered, and weighed carefully, the evaluation data from the survey process, public hearings, and written public comments before deciding whether a judge "meets" or "does not meet," judicial performance standards.

 

 

 

 

ARIZONA COMMISSION ON JUDICIAL PERFORMANCE REVIEW

PUBLIC MEMBERS

Margaret C. Kenski, Chair, Tucson

Thomas G. Bowen, Tucson

Espinola O. Brunson, Phoenix

Robert C. Clements, Tucson

Richard Cosgrove, Tucson

Wil R. Counts, Phoenix

Barbara S. Glenn, Tempe

Winifred Hershberger, Tucson

David L. Hetrick, Tucson

William R. Martin, III, Phoenix

Margy A. McGonagill, Tucson

Karen E. Osborne, Phoenix

Raymond L. Sachs, Paradise Valley

Claire E. Scheuren, Tucson

Dolores L. Sirkis, Tempe

Charles P. Thompson, Phoenix

Henry W. Varga, Kingman

Ronald R. Watson, Tucson

ATTORNEY MEMBERS

Roberta L. Voss, Vice Chair, Phoenix

Jeanette M. Boulet, Tucson

Eugene N. Goldsmith, Tucson

Marc R. Lieberman, Phoenix

Mary Beth Phillips, Phoenix

Carl A. Piccarreta, Tucson

JUDGE MEMBERS

Daniel A. Barker

Arizona Court of Appeals Division I

John Pelander

Arizona Court of Appeals Division II

Pendleton Gaines

Maricopa County Superior Court

Maria Verdin

Maricopa County Superior Court

Ted B. Borek

Pima County Superior Court

Charles S. Sabalos

Pima County Superior Court

LEGISLATIVE MEMBERS

Senator Bill Brotherton

Representative Ben Miranda

Senator Jim Weiers

Representative Steve Tully

 

Arizona Supreme Court Justices

ALL ARIZONA VOTERS

BERCH, REBECCA WHITE

Appointed to the Arizona Supreme Court: 2002

100% of the Commission Voted Justice Berch

MEETS Judicial Performance Standards

28 Commissioners Voted "Meets"

0 Commissioners Voted "Did Not Meet"

Judicial Performance Standards Evaluation Categories

Attorney Responses

 

Surveys Distributed: 608

Surveys Returned: 350

Superior Court Judge Responses

Surveys Distributed: 123

Surveys Returned: 99

Legal Ability

Integrity

Communication Skills

Judicial Temperament

Administrative Performance

Score (See Footnote)

91%

95%

97%

97%

96%

Score (See Footnote)

98%

98%

N/A

N/A

97%

JONES, CHARLES E.
Chief Justice

Appointed to the Arizona Supreme Court: 1996

100% of the Commission Voted Justice Jones

MEETS Judicial Performance Standards

28 Commissioners Voted "Meets"

0 Commissioners Voted "Did Not Meet"

Judicial Performance Standards Evaluation Categories

Attorney Responses

Surveys Distributed: 495

Surveys Returned: 269

Superior Court Judge Responses

Surveys Distributed: 52

Surveys Returned: 22

Legal Ability

Integrity

Communication Skills

Judicial Temperament

Administrative Performance

Score (See Footnote)

97%

100%

98%

99%

99%

Score (See Footnote)

97%

100%

N/A

N/A

100%

RYAN, MICHAEL D.

Appointed to the Arizona Supreme Court: 2002

100% of the Commission Voted Justice Ryan

MEETS Judicial Performance Standards

28 Commissioners Voted "Meets"

0 Commissioners Voted "Did Not Meet"

Judicial Performance Standards Evaluation Categories

Attorney Responses

 

Surveys Distributed: 614

Surveys Returned: 370

Superior Court Judge Responses

 

Surveys Distributed: 126

Surveys Returned: 108

Legal Ability

Integrity

Communication Skills

Judicial Temperament

Administrative Performance

Score (See Footnote)

89%

97%

97%

97%

97%

Score (See Footnote)

95%

99%

N/A

N/A

99%

 

 

ARIZONA Court of Appeals Judges

MARICOPA COUNTY VOTERS ONLY

BARKER, DANIEL A.

Appointed to Court of Appeals Division I: 2001

100% of the Commission Voted Judge Barker MEETS Judicial Performance Standards

27 Commissioners Voted "Meets"

0 Commissioners Voted "Did Not Meet"

NOTE: Judge Barker is a member of the JPR Commission and could not vote on his own retention.

Judicial Performance Standards Evaluation Categories

Attorney Responses

Surveys Distributed: 665

Surveys Returned: 222

Superior Court Judge Responses

Surveys Distributed: 227

Surveys Returned: 55

Legal Ability

Integrity

Communication Skills

Judicial Temperament

Administrative Performance

Score (See Footnote)

95%

98%

97%

98%

94%

Score (See Footnote)

100%

100%

N/A

N/A

100%

EHRLICH, SUSAN A.

Appointed to Court of Appeals Division I: 1989

100% of the Commission Voted Judge Ehrlich MEETS Judicial Performance Standards

28 Commissioners Voted "Meets"

0 Commissioners Voted "Did Not Meet"

Judicial Performance Standards Evaluation Categories

Attorney Responses

Surveys Distributed: 707

Surveys Returned: 364

Superior Court Judge Responses

Surveys Distributed: 233

Surveys Returned: 118

 

Legal Ability

Integrity

Communication Skills

Judicial Temperament

Administrative Performance

Score (See Footnote)

79%

93%

92%

92%

95%

Score (See Footnote)

86%

92%

N/A

N/A

85%

GEMMILL, JOHN C.

Vice Chief Judge

Appointed to Court of Appeals Division I: 2001

100% of the Commission Voted Judge Gemmill MEETS Judicial Performance Standards

28 Commissioners Voted "Meets"

0 Commissioners Voted "Did Not Meet"

Judicial Performance Standards Evaluation Categories

Attorney Responses

Surveys Distributed: 690

Surveys Returned: 212

Superior Court Judge Responses

Surveys Distributed: 225

Surveys Returned: 67

 

Legal Ability

Integrity

Communication Skills

Judicial Temperament

Administrative Performance

Score (See Footnote)

89%

98%

100%

100%

82%

Score (See Footnote)

95%

100%

N/A

N/A

95%

 

 

 

HALL, PHILIP L.

Appointed to Court of Appeals Division I: 2001

100% of the Commission Voted Judge Hall MEETS Judicial Performance Standards

28 Commissioners Voted "Meets"

0 Commissioners Voted "Did Not Meet"

Judicial Performance Standards Evaluation Categories

Attorney Responses

Surveys Distributed: 742

Surveys Returned: 215

Superior Court Judge Responses

Surveys Distributed: 234

Surveys Returned: 71

Legal Ability

Integrity

Communication Skills

Judicial Temperament

Administrative Performance

Score (See Footnote)

86%

96%

99%

98%

89%

Score (See Footnote)

96%

100%

N/A

N/A

98%

IRVINE, PATRICK

Appointed to Court of Appeals Division I: 2002

100% of the Commission Voted Judge Irvine MEETS Judicial Performance Standards

28 Commissioners Voted "Meets"

0 Commissioners Voted "Did Not Meet"

Judicial Performance Standards Evaluation Categories

Attorney Responses

Surveys Distributed: 387

Surveys Returned: 118

Superior Court Judge Responses

Surveys Distributed: 120

Surveys Returned: 28

Legal Ability

Integrity

Communication Skills

Judicial Temperament

Administrative Performance

Score (See Footnote)

92%

99%

99%

99%

98%

Score (See Footnote)

96%

100%

N/A

N/A

93%

LANKFORD, JEFFERSON L.

Appointed to Court of Appeals Division I: 1990

100% of the Commission Voted Judge Lankford MEETS Judicial Performance Standards

28 Commissioners Voted "Meets"

0 Commissioners Voted "Did Not Meet"

Judicial Performance Standards Evaluation Categories

Attorney Responses

Surveys Distributed: 729

Surveys Returned: 394

Superior Court Judge Responses

Surveys Distributed: 250

Surveys Returned: 141

 

Legal Ability

Integrity

Communication Skills

Judicial Temperament

Administrative Performance

Score (See Footnote)

87%

95%

96%

96%

91%

Score (See Footnote)

92%

98%

N/A

N/A

95%

 

SNOW, G. MURRAY

Appointed to Court of Appeals Division I: 2002

100% of the Commission Voted Judge Snow MEETS Judicial Performance Standards

28 Commissioners Voted "Meets"

0 Commissioners Voted "Did Not Meet"

Judicial Performance Standards Evaluation Categories

Attorney Responses

Surveys Distributed: 408

Surveys Returned: 114

Superior Court Judge Responses

Surveys Distributed: 106

Surveys Returned: 22

Legal Ability

Integrity

Communication Skills

Judicial Temperament

Administrative Performance

Score (See Footnote)

96%

99%

100%

100%

98%

Score (See Footnote)

95%

100%

N/A

N/A

93%

WINTHROP, LAWRENCE F.

Appointed to Court of Appeals Division I: 2002

100% of the Commission Voted Judge Winthrop MEETS Judicial Performance Standards

28 Commissioners Voted "Meets"

0 Commissioners Voted "Did Not Meet"

Judicial Performance Standards Evaluation Categories

Attorney Responses

Surveys Distributed: 315

Surveys Returned: 83

Superior Court Judge Responses

Surveys Distributed: 82

Surveys Returned: 21

Legal Ability

Integrity

Communication Skills

Judicial Temperament

Administrative Performance

Score (See Footnote)

89%

99%

99%

99%

100%

Score (See Footnote)

100%

100%

N/A

N/A

100%

apache/coconino/la paz/mohave/navajo/yavapai/yuma voters only

SULT, JAMES B.

Appointed to Court of Appeals Division I: 1995

100% of the Commission Voted Judge Sult

MEETS Judicial Performance Standards

28 Commissioners Voted "Meets"

0 Commissioners Voted "Did Not Meet"

Judicial Performance Standards Evaluation Categories

Attorney Responses

Surveys Distributed: 724

Surveys Returned: 369

Superior Court Judge Responses

Surveys Distributed: 264

Surveys Returned: 125

Legal Ability

Integrity

Communication Skills

Judicial Temperament

Administrative Performance

Score (See Footnote)

86%

95%

97%

96%

96%

Score (See Footnote)

97%

100%

N/A

N/A

100%

 

 
THOMPSON, JON W.

Appointed to Court of Appeals Division I: 1995

100% of the Commission Voted Judge Thompson

MEETS Judicial Performance Standards

28 Commissioners Voted "Meets"

0 Commissioners Voted "Did Not Meet"

Judicial Performance Standards Evaluation Categories

Attorney Responses

Surveys Distributed: 686

Surveys Returned: 335

Superior Court Judge Responses

Surveys Distributed: 240

Surveys Returned: 113

Legal Ability

Integrity

Communication Skills

Judicial Temperament

Administrative Performance

Score (See Footnote)

81%

95%

93%

95%

90%

Score (See Footnote)

97%

98%

N/A

N/A

97%

 

pima county voters only

PELANDER, JOHN
Chief Judge

Appointed to Court of Appeals Division II: 1995

100% of the Commission Voted Judge Pelander

MEETS Judicial Performance Standards

27 Commissioners Voted "Meets"

0 Commissioners Voted "Did Not Meet"

NOTE: Judge Pelander is a member of the JPR Commission and could not vote on his own retention.

Judicial Performance Standards Evaluation Categories

Attorney Responses

Surveys Distributed: 509

Surveys Returned: 326

Superior Court Judge Responses

Surveys Distributed: 219

Surveys Returned: 138

 

Legal Ability

Integrity

Communication Skills

Judicial Temperament

Administrative Performance

Score (See Footnote)

90%

98%

96%

97%

95%

Score (See Footnote)

94%

99%

N/A

N/A

98%

cochise/gila/graham/greenlee/pinal/santa cruz county voters only

FLOREZ, M. JAN

Appointed to Court of Appeals Division II: 1996

100% of the Commission Voted Judge Florez

MEETS Judicial Performance Standards

28 Commissioners Voted "Meets"

0 Commissioners Voted "Did Not Meet"

Judicial Performance Standards Evaluation Categories

Attorney Responses

Surveys Distributed: 450

Surveys Returned: 274

Superior Court Judge Responses

Surveys Distributed: 188

Surveys Returned: 114

 

Legal Ability

Integrity

Communication Skills

Judicial Temperament

Administrative Performance

Score (See Footnote)

80%

96%

92%

94%

84%

Score (See Footnote)

96%

100%

N/A

N/A

92%

 

 

 

 

Superior Court FOR PIMa CountY

CIVIL Judges

BERNINI, DEBORAH

Assignment During Survey Period: Civil

Appointed to Pima County Superior Court: 1997

100% of the Commission Voted Judge Bernini MEETS Judicial Performance Standards

28 Commissioners Voted "Meets"

0 Commissioners Voted "Did Not Meet"

Judicial Performance Standards Evaluation Categories

Attorney Responses

Surveys Distributed: 217

Surveys Returned: 94

Litigant/Witness/ProPer Responses

Surveys Distributed: 67

Surveys Returned: 16

Juror Responses

 

Surveys Distributed: 33

Surveys Returned: 15

Legal Ability

Integrity

Communication Skills

Judicial Temperament

Administrative Performance

Settlement Activities

Score (See Footnote)

94%

99%

97%

97%

99%

96%

Score (See Footnote)

N/A

97%

100%

95%

100%

N/A

Score (See Footnote)

N/A

99%

100%

100%

100%

N/A

CORNELIO, CARMINE

Assignment During Survey Period: Civil

Appointed to Pima County Superior Court: 2002

100% of the Commission Voted Judge Cornelio MEETS Judicial Performance Standards

28 Commissioners Voted "Meets"

0 Commissioners Voted "Did Not Meet"

Judicial Performance Standards Evaluation Categories

Attorney Responses

Surveys Distributed: 221

Surveys Returned: 123

Litigant/Witness/ProPer Responses

Surveys Distributed: 57

Surveys Returned: 7

Juror Responses

Surveys Distributed: 21

Surveys Returned: 12

Legal Ability

Integrity

Communication Skills

Judicial Temperament

Administrative Performance

Settlement Activities

Score (See Footnote)

95%

96%

95%

89%

99%

90%

Score (See Footnote)

N/A

95%

83%

85%

84%

N/A

Score (See Footnote)

N/A

100%

100%

100%

100%

N/A

EIKLEBERRY, JANE L.

Assignment During Survey Period: Civil

Appointed to Pima County Superior Court: 2001

100% of the Commission Voted Judge Eikleberry MEETS Judicial Performance Standards

28 Commissioners Voted "Meets"

0 Commissioners Voted "Did Not Meet"

Judicial Performance Standards Evaluation Categories

Attorney Responses

Surveys Distributed: 134

Surveys Returned: 54

Litigant/Witness/ProPer Responses

Surveys Distributed: 57

Surveys Returned: 13

Juror Responses

 

Surveys Distributed: 9

Surveys Returned: 9

 

Legal Ability

Integrity

Communication Skills

Judicial Temperament

Administrative Performance

Settlement Activities

Score (See Footnote)

94%

96%

95%

93%

98%

99%

Score (See Footnote)

N/A

92%

100%

92%

94%

N/A

Score (See Footnote)

N/A

100%

100%

100%

100%

N/A

 

 

 

FIELDS, RICHARD S.

Assignment During Survey Period: Civil

Appointed to Pima County Superior Court: 1997

100% of the Commission Voted Judge Fields MEETS Judicial Performance Standards

28 Commissioners Voted "Meets"

0 Commissioners