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Our review of the 2008 Tacoma-Pierce County Bar Association Judicial Evaluation indicates that Pierce County Superior Court judges get very high ratings by attorneys in legal ability, professionalism, administrative skills, integrity and impartiality.

With the same numerical ratings scale that was used in 2004, the 2008 ratings show an improved court, by almost an entire point, to an overall assessment of ‘‘very good.” Generally, we are pleased with the results of the evaluation.

Over two years ago, we encouraged the Tacoma-Pierce County Bar Association to develop an evaluation model to educate the public and to improve judicial skills. We preferred a poll of all who come in contact with the court, to include jurors, witnesses, litigants and attorneys. Our goal was to build public faith in the courts through a fair evaluation and to provide an opportunity to the judges to improve.

We provided input and were encouraged that the TPCBA would use techniques developed by the American Judicature Society and other respected professionals.

The judges cooperated by sending to the evaluator the names of attorneys appearing before us. This was based on our expectation that the confidential comments received would be delivered to each judge for appropriate consideration and personal constructive development while numerical ratings would be published for the public.

We have just learned that not only did the TPCBA provide the anonymous comments to the media, they published them on their Web page, contrary to our expectations and contrary to recommended best practices.

The expert hired by the TPCBA to conduct the evaluation, David D. Brody, has informed us that he is not aware of any credible judicial evaluation process which releases anonymous comments. His recommendation to the TPCBA was that the comments should not be published.

Pierce County appears to be unique in this regard, as Dr. Brody could not find any other place in the country which publishes these comments.

The American Judicature Society says of the comments: “Publicizing anonymous comments in the context of judicial performance evaluations is antithetical to the goals that such evaluations are intended to serve. It undermines the search for valid and reliable information upon which voters and others can base judgments. It can facilitate manipulation of public opinion by individual respondents and tends to undermine the willingness of judges to participate in such programs. All of these consequences are undesirable and should be avoided if all possible.”

The public should also keep in mind that Superior Court judges' decisions are reviewed by appellate courts. They do not evaluate the judges' personalities but examine the judges' ultimate performance in rendering correct decisions on the rule of law. Upon examination of the thousands of decisions made each year, only a small fraction is reversed for an incorrect ruling.

All judges respect the hard work of lawyers, and each judge desires to improve through constructive feedback. We will continue to improve the judiciary and serve the citizens of Pierce County.