For more than 75 years, the King County Bar Association has conducted surveys and evaluations of judicial officers as part of its commitment to support an informed public, a strong legal profession, and a fair and effective judiciary. In this article, my goal is to share some context about the history of the Judicial Officer Survey, outline recent developments, and explain the steps we are taking to ensure this work reflects KCBA’s core values of fairness, credibility, and transparency.
KCBA has published judicial surveys since 1948. The survey results reflect practicing attorneys’ personal assessments of the judicial officers who hear and decide their cases, and they are intended to provide useful information to the public, the legal community, and the bench about attorneys’ perspectives on the local judiciary. Traditionally, KCBA surveys attorneys practicing in King County Superior Court every four years. On an alternating four-year cycle, KCBA conducts a similar survey of the courts of limited jurisdiction. The most recent Superior Court survey was conducted in December 2023 and January 2024, with results published in May 2024; the most recent survey of courts of limited jurisdiction was completed in 2021 and published in 2022.
Since its inception, the Judicial Officer Survey has undergone multiple reviews and revisions in response to feedback from the legal community. In 1984, a task force recommended eliminating polling, retaining the survey, releasing results in narrative form rather than rankings, and conducting the survey every four years. A subsequent task force in 1991 recommended retaining the survey, focusing on three core attributes plus an overall assessment, and discontinuing the practice of converting results to words. In 2005, the survey methodology shifted from being sent to all King County attorneys to only those whose court records showed they had appeared before a particular judicial officer.
The survey continued to evolve as new concerns emerged. During the 2012 election cycle, questions were raised about methodology, respondent pools, and the unauthorized release of additional analysis. In response, the KCBA Board of Trustees convened an ad hoc review group representing the bench, public-sector and private practitioners, and an experienced researcher. While reaffirming the limited purpose of the survey, the group recommended refinements to improve fairness and usefulness. Among the changes adopted was expanding the review period from two years to four years to increase participation and reduce the impact of short-term assignments or rotations.
Additional updates followed. In 2021, the survey questions were significantly revised to improve relevance, including the addition of questions addressing performance in virtual court proceedings and new measures focused on integrity and impartiality through a race, equity, and inclusion lens.
This year, the Judicial Officer Survey Committee was scheduled to survey the courts of limited jurisdiction. However, continued feedback and criticism regarding the survey overall, including concerns about the 2024 Superior Court Survey, prompted the need for further reflection. Committee leadership raised concerns with KCBA staff about the survey’s effectiveness, perceived bias, and methodological limitations, and requested clear guidance from the Board regarding the purpose of the survey and the scope of the committee’s mandate before proceeding with this year’s survey.
The Board of Trustees reviewed both the survey’s long history and its current challenges, including budget constraints, low response rates, concerns about statistical validity, and perceptions of bias. Trustees discussed several options, including proceeding as planned, delaying the survey to allow for improvements, or releasing results without numerical ratings. Throughout these discussions, the Board emphasized the importance of producing accurate, unbiased, and credible data and considered whether outside expertise could strengthen the survey’s methodology.
Ultimately, the Board approved a motion to suspend the Judicial Officer Survey for the current year and directed organizational leadership to seek an independent research analysis and report back with recommendations regarding the survey’s future.
Since that direction last September, KCBA has retained a well-respected outside consultant to conduct a comprehensive review of the Judicial Officer Survey. The consultant is examining data collection practices, response rates, statistical methods, and how survey results are presented to the public. We have asked for a careful assessment of potential sources of bias, key methodological challenges affecting validity, and whether current presentation methods fairly communicate both findings and limitations. The review will also explore alternative approaches that could enhance the survey’s reliability and usefulness to stakeholders.
The consultant will provide an analysis and recommendations grounded in best research practices. As we consider those recommendations, our goal remains clear: to ensure that any judicial survey conducted by KCBA is credible, constructive, and aligned with our responsibility to the bench, the bar, and the public. I appreciate the thoughtful engagement of our volunteers, trustees, and members as we work together to determine the best path forward.
Kathleen Jensen is KCBA’s executive director, and she can be reached by email at kathleenj@kcba.org or phone at 206-267-7053.
