3-1-1703. (Temporary) Judicial performance survey. (1) A third party under contract with the commission shall conduct a judicial performance survey. The third party may not be affiliated with a legal firm or a legal professional.

(2) (a) Each judicial performance survey must survey respondents in each of the following classifications:

(i) attorneys who have appeared before the judge as counsel either pro hac vice or while licensed to practice law in Montana;

(ii) jurors who have served in one or more cases before the judge; and

(iii) court staff who have worked with the judge.

(b) Only a respondent under subsection (2)(a)(i) who is admitted to practice law in the state and in good standing with the state bar of Montana may evaluate a judge's legal ability under subsection (7)(a).

(3) The commission may establish by rule additional classifications that the commission considers helpful to voters.

(4) All survey responses are confidential, including added comments.

(5) If the commission provides information to a judge or the court administrator, it must do so in a manner that protects the anonymity of survey respondents.

(6) A survey must be provided to a juror respondent no more than 30 days after the completion of the case in which the juror served.

(7) Surveys must include questions inquiring into the judge's:

(a) legal ability, including the following:

(i) understanding of the substantive law and rules of procedure and evidence;

(ii) attentiveness to factual and legal issues;

(iii) adherence to precedent and ability to justify clearly any departures from precedent;

(iv) appreciation of the practical impact on the parties of the judge's rulings, including rulings that cause delay or increased litigation expense;

(v) clarity in writing; and

(vi) clarity in explaining the bases for judicial opinions;

(b) judicial conduct, including the following:

(i) courtesy toward attorneys, court staff, witnesses, and others interacting with the judge's court;

(ii) appropriate courtroom decorum;

(iii) demeanor and personal attributes that promote public trust and confidence in the judicial system;

(iv) preparedness;

(v) avoidance of impropriety or the appearance of impropriety;

(vi) avoidance of bias and conflicts of interest;

(vii) fairness, open-mindedness, and impartiality;

(viii) ability to communicate clearly, including the ability to explain the basis for written rulings, court procedures, and decisions; and

(ix) compliance with 2-2-121 and 2-2-122 and the applicable rules of judicial conduct;

(c) administrative performance, including the following:

(i) workload management;

(ii) sharing proportionally the workload within the court or district; and

(iii) issuance of opinions and orders without unnecessary delay; and

(d) fidelity to:

(i) the Montana constitution, including Article III, section 1; and

(ii) 1-2-101 and 1-2-102.

(8) If the commission determines that a survey question is not appropriate for a respondent category, the commission may omit the question from the survey provided to that respondent group.

(9) (a) The survey must allow respondents to indicate responses either on a numerical scale from one to five or in the affirmative or negative, with an option for an inability to respond in the affirmative or negative.

(b) The commission may allow respondents to provide written comments other than those that could, if used in a hiring process, trigger a violation of federal or state employment law.

(10) The commission shall compile and make available to each judge that judge's survey results. (Terminates June 30, 2035--sec. 14, Ch. 765, L. 2025.)