In February 2017, the NJC launched its monthly one-question emailed survey of its more than 12,000 living alumni who have known email addresses.
Because no attempt is made to get a random sample of respondents, the results can’t be characterized as conclusive research findings. But they provide some insight into what hundreds of judges all over the country (and some abroad) are thinking.
To commemorate the five-year anniversary of Question of the Month, here are the results from every survey with a comment or two from the voters.
Judicial esteem | Robes | Safety | Opioids | Elected or appointed | Marijuana | Favorite SCOTUS justice | Firearms | Secondary trauma | Bail system | Miracle on 34th
Judicial education prerequisites | Coequal branch? | What would you change? | Civility up/down | Broadcast SCOTUS? | Implicit bias | Juror questioning | Trial extinction? | Trial experience prerequisite | Independence threatened? | Ruling regret | Ask Nina Totenberg
Appealing profession? | How to increase attendance | Religion | Summary jury trials | Speak out for judicial independence | Jury verdict disagreement | Most consequential Chief | New NJC courses | Mentioning who appointed | Mandatory retirement | Restitution | Crime in Whoville
AI and prejudice | Masking | Covid-prepared | Covid closures | Favorite platform | Remote no-shows | Systemic racism | Judicial security | Dogs in court | Knowledgeable voters | Performance reviews | Lifetime appointment | Gift books
Political pressure | In-Person instruction | Backlog | Lucky charm | Disparities | Plea bargain | Implicit bias | Leaving the bench | Disagree | Term limits | Verbal attacks and responses | Presents
Judicial esteem | Robes | Safety | Opioids | Elected or appointed | Marijuana | Favorite SCOTUS justice | Firearms | Secondary trauma | Bail system | Miracle on 34th
Do you think that the public’s esteem for judges has risen, declined or stayed the same over the last 10 years?
Declined – 63.4%
Risen – 7.6%
Stayed the same – 29%
February 16,
2017
Do you like wearing a judicial robe (if you wear one in your court/hearing room)?
Yes – 83%
No – 17%
March 16,
2017
In terms of your professional life, do you fear for your safety more so than in the past?
Yes – 58.19%
No – 41.81%
April 20,
2017
Do you consider yourself adequately prepared to handle issues related to the opioid crisis in your courtroom?
Yes – 40.83%
No – 59.17%
May 15,
2017
Should judges be elected or appointed?
Elected – 37.37
Appointed – 62.63
“[Judicial appointments] are too easily controlled by the political whims of the appointing entity.”
June 17,
2017
Are you opposed to legalizing recreational use of marijuana?
Yes – 38.21
No – 61.79
July 20,
2017
Who is your favorite Supreme Court Justice?
Samuel Alito – 4.41%
Stephen Breyer – 3.68%
Ruth Bader Ginsburg – 34.93%
Neil Gorsuch – 11.4%
Elena Kagan – 1.65%
Anthony Kennedy – 8.09%
John Roberts – 9.56%
Sonia Sotomayor – 14.52%
Clarence Thomas – 11.76%
August 28,
2017
September 21,
2017
Have you suffered secondary traumatic stress from being a judge?
Yes – 44.96%
No – 55.04%
October 20,
2017
Should the money-based bail system be abolished?
Yes – 30.60%
No – 69.40%
November 15,
2017
How would you have ruled if you presided over the case in the movie Miracle on 34th Street?
Committed – 18%
Not Committed – 82%
In the case, the judge must decide if the defendant, Kris Kringle, should be committed to a mental institution because he claims to be Santa Claus. That was a real-life decision faced by one of the NJC’s alumni. Read his story and other tales of judging during the holidays.
December 15,
2017
Judicial education prerequisites | Coequal branch? | What would you change? | Civility up/down | Broadcast SCOTUS? | Implicit bias | Juror questioning | Trial extinction? | Trial experience prerequisite | Independence threatened? | Ruling regret | Ask Nina Totenberg
Did you receive formal judicial education before you heard your first case?
Yes – 32.12%
No – 67.88%
January 18,
2018
Do you believe that, in practice, the judiciary is a “coequal” branch of the government, as the Constitution envisions?
Yes – 23.26%
No – 76.74%
February 21,
2018
If you could change one thing about being a judge, what would it be?
- Shorter hours. “The role of the judge is extraordinary, yet most models treat it the same as other professions. We are faced with trauma each day and are tasked with making decisions that affect others’ lives, yet we are not provided any respite for it.”
- Ability to shed one’s judicial identity away in social situations. “[There’s a perception that] we are not entitled to a normal personal life.”
- Get rid of elections and the need for fundraising. “Judging should be about the fair and timely adjudication of cases instead of fundraising from the attorneys who appear before us.”
March 20,
2018
Do you think civility has improved, declined or stayed the same in your courtroom in the past five years?
Improved – 9.78%
Declined – 44.57%
Stayed the same – 45.65%
April 23,
2018
Do you believe the Supreme Court should allow its oral arguments, but not deliberations, to be broadcast live?
Yes – 69.22%
No – 30.78%
May 21,
2018
Do you do anything to alert jurors to unconscious or implicit bias before rendering a verdict?
Yes – 28.45%
No – 71.55%
June 25,
2018
Should jurors be allowed to question witnesses?
Yes – 47.51%
No – 52.49%
July 09,
2018
Do you think civil jury trials are headed for extinction?
Yes – 28.45%
No – 71.55%
August 16,
2018
How many years of trial experience should an attorney be required to have before taking the bench?
0-2 years – 6.99%
3-5 years – 13.55%
6-9 years – 30.47%
10 or more years – 48.99%
September 26,
2018
Do you feel that judicial independence is being threatened?
Yes – 90.38%
No – 9.62%
October 09,
2018
Have you ever regretted one of your rulings?
Yes – 79.35%
No – 20.65%
November 8,
2018
“What is the biggest threat to the judiciary?”
December 10,
2018
Appealing profession? | How to increase attendance | Religion | Summary jury trials | Speak out for judicial independence | Jury verdict disagreement | Most consequential Chief | New NJC courses | Mentioning who appointed | Mandatory retirement | Restitution | Crime in Whoville
Would you recommend judging as a profession today?
Yes – 89.06%
No – 10.94%
January 8,
2019
What is your No. 1 suggestion for getting more judges to attend our courses?
Lower the cost/increase scholarships – 58.6%
Offer different/additional courses – 3.72%
Improve courses/instructors – .93%
Offer courses closer to me – 16.05%
Other (please specify) – 20.7%
February 8,
2019
Does religion ever come up in your courtroom?
Yes – 54.18%
No – 45.82%
March 11,
2019
April 16,
2019
Should judges speak out against attacks on judicial independence?
Yes – 85.88%
No – 14.12%
May 13,
2019
About how often do you disagree with the jury’s verdict?
Less than 25 percent of the time – 81.74%
26 to 50 percent of the time – 13.7%
51 to 75 percent of the time – 2.39%
More than 75 percent of the time – 2.17%
June 4,
2019
Who do you consider to be the most consequential chief justice of the United States? You may vote for up to three.
Earl Warren – 71.74%
John Marshall – 69.84%
Warren Burger – 22.01%
William Rehnquist – 20.11%
John Jay – 13.04%
John Roberts – 6.52%
Roger Taney – 5.71%
William H. Taft – 5.16%
Charles E. Hughes – 3.8%
Harlan F. Stone – 2.17%
Salmon P. Chase – 1.63%
Frederick M. Vinson – .54%
John Rutledge – .54%
Oliver Ellsworth – .27%
Morrison R. Waite – .27%
Edward D. White – .54%
Melville Fuller – 0%
July 16,
2019
Which of these 13 potential new courses would you most want to be offered at the NJC?
Vote for as many as you’d like.
When Mental Health is an Issue in a Case – 61.54%
Judicial Discipline: How a Lapse in Judgement Could Cost You – 52.16%
Effective Sentencing: The Latest Research – 50.84%
Is There a Role for Compassion in Judging? – 45.4%
Modern Approaches to Presiding over Civil Matters – 43.15%
Judging Plea Bargains – 41.65%
Retirement for Judges – 36.02%
Peacemaking, Family Mediation and Other Alternatives for Resolving Disputes – 27.95%
Know Your Power: State Constitution Interpretation – 27.02%
Record-Sealing Decisions and Considering the Public Interest- 26.83%
Other – 9.19%
Land Issues and the Dormant Commerce Clause – 6.19%
Oil and Gas Law: An Introduction – 4.69%
August 26,
2019
Do you think it’s right for a journalist to point out which president or governor appointed a judge?
Yes – 79.91%
No – 19.63%
September 9,
2019
Should there be a maximum age for judges, even those with lifetime appointments?
Yes – 51.90%
No – 48.10%
October 14,
2019
Do you order perpetrators to pay restitution in every case where the law allows it?
Yes – 73.52%
No – 26.48%
November 4,
2019
How many laws, ordinances, regulations, etc. does the Grinch (or do the Whos) violate in Dr. Seuss’s How the Grinch Stole Christmas?
The totals ranged from 25 to, in the solemn jurisprudence of one anonymous judge, “None. We are only bound by the law and we have no idea what conduct Whoville statutes, if any, proscribe or require.”
December 20,
2019
AI and prejudice | Masking | Covid-prepared | Covid closures | Favorite platform | Remote no-shows | Systemic racism | Judicial security | Dogs in court | Knowledgeable voters | Performance reviews | Lifetime appointment | Gift books
Do you think using artificial intelligence in court – having computers and algorithms offer advice in bail and sentencing decisions, for instance – holds promise for eliminating bias from those decisions?
Yes – 35.56%
No – 64.44%
January 22,
2020
Do you know what the common plea-bargain practice known as “masking” is?
Yes – 43.94%
No – 56.28%
February 21,
2020
Do you feel adequately prepared to make judicial decisions involving the coronavirus or a similar public health emergency?
Yes – 41.32%
No – 58.68%
March 13,
2020
About what percentage of your normal court operations are continuing during the coronavirus crisis?
Less than 25 percent – 57.53%
26 to 50 percent – 20.64%
51 to 75 percen – 9.85%
More than 75 percent – 12.10%
April 14,
2020
Which online platform have you been using most often to conduct court operations remotely during the coronavirus crisis?
Zoom – 48.43%
WebEx – 25.21%
Other – 10.54%
Skype – 9.69%
Microsoft Teams – 9.12%
GoToMeeting – 6.13%
Google Hangouts – 3.85%
BlueJeans – 3.56%
CourtCall – 3.13%
None – 1.71%
Adobe Connect – .14%
May 13,
2020
Are you seeing fewer no-shows in virtual hearings compared with conventional in-person hearings?
Improvement – 46.99%
Stayed the same/gotten worse – 53.01%
June 18,
2020
Do you believe that systemic racism exists in the criminal justice system?
Yes – 65.24%
No – 34.76%
July 14,
2020
Do you feel your court sufficiently addresses the security needs of you and your family?
Your Security
Yes – 26.54%
No – 73.46%
Your Family’s Security
Yes – 16.31%
No – 83.69%
August 14,
2020
Would you allow a professionally trained facility dog in the courtroom during a trial to assist a victim or vulnerable witness while giving testimony?
Yes – 89.21%
No – 10.79%
September 8,
2020
What percentage of voters know enough about candidates for judicial office to make an informed decision?
Less than 10 percent – 55.51%
11 to 30 percent – 29.4%
31 to 50 percent – 10.25%
More than 50 percent – 4.84%
October 21,
2020
Do you believe in publishing judicial performance reviews to help voters make more informed choices?
Yes – 57.76%
No – 42.24%
October 21,
2020
Do you think any judges should be appointed for life?
Yes – 39.66%
No – 60.34%
November 11,
2020
What book would you recommend as a gift to a judge?
Most frequently recommended books:
Caste: The Origins of Our Discontent by Isabel Wilkerson
Just Mercy by Bryan Stevenson
To Kill a Mockingbird by Harper Lee
The Bible
Comment about
Joseph Heller;
December 12, 2020
Political pressure | In-Person instruction | Backlog | Lucky charm | Disparities | Plea bargain | Implicit bias | Leaving the bench | Disagree | Term limits | Verbal attacks and responses | Presents
Have you ever felt political pressure in connection with one of your decisions?
Yes – 54.04%
No – 45.96%
January 21,
2021
As of today, and knowing what you do about the predicted state of the pandemic the rest of the year, how likely are you to register to attend an in-person judicial education course or conference in 2021?
Very Unlikely – 33.76%
Not likely – 23.64%
Unsure – 12.35%
Likely – 14.16%
Very Likely – 16.08%
February 9,
2021
Which tactics do you think would be most effective for clearing the case backlog caused by the pandemic?
Relaunch jury trials with COVID-19 safeguards – 24.05%
Continue/increase virtual hearings – 23%
Increase # of judges – 22.78%
Offer hearings at non-traditional times – 8.44%
Our court has not experienced a backlog – 8.23%
Encourage more parties in civil cases to agree to arbitration or mediation – 6.96%
Adopt new or evolving technology – 6.54%
March 10,
2021
What signs, quotes, totems, lucky charms, etc., do you keep on your bench for inspiration or as a reminder?
One judge told of keeping a sticky note from her daughter wishing her good luck in her new role as a judge. “It reminds me to stay true to why I do this work and to always act in a manner that will make my girls proud of me.”
April 13,
2021
Has your thinking about the ‘reasonable person’ standard changed as you’ve learned more about disparities in society?
Yes – 36.39%
No – 63.61%
May 11,
2021
June 14,
2021
Do you think judicial education can help rid courts of implicit bias?
Yes – 68.30%
No – 31.70%
July 16,
2021
Do you plan on leaving the bench within the next year as a result of changed thinking or anything else related to the pandemic?
Yes – 19.67%
No – 80.33%
August 9,
2021
How often have you had to make a ruling in line with a law you personally disagreed with?
A few times – 54.93%
More than a few times – 27.32%
Often – 12.39%
Never – 5.35%
September 20,
2021
Should there be term limits for Supreme Court justices, and if so, for how long?
10 years or less – 10.28%
11-19 years – 33.39%
20 years or longer – 17.72%
No term limits – 38.61%
October 8,
2021
Are you seeing an increase in verbal attacks, insulting remarks or hate speech made toward you in the courtroom?
Yes – 35.20%
No – 64.80%
What is your typical response?
Hold in contempt – 2.81%
Warn the person they’re risking being held in contempt – 36.5%
Ignore it – 11.23%
Other – 49.46%
November 18,
2021
Which of these would you most enjoy receiving this holiday season?
New gavel – 4.61%
New robe – 22.15%
New chair – 23.68%
New attorneys – 13.38%
New something else – 36.18%
December 13,
2021
Do you agree with Chief Justice Roberts’ recent statement that the judiciary can police itself and the other branches should not get involved?
Yes – 21.23%
No – 78.77%
January 11,
2022
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