Committee presses retired judges after low performance ratings in judicial evaluations

Senate committee members pressed three retired judges about low scores in the judicial performance evaluation (JPE) process, asking them to explain evaluations that flagged concerns about courtroom efficiency, decision clarity and what some respondents judged as gaps in legal knowledge.

Why it matters: JPE results are a factor the legislature uses in deciding whether to recertify retired judges to sit in recall or settlement-conference roles. Lower scores can influence whether a judge is allowed to sit broadly, be limited to particular duties, or be subject to closer administrative oversight.

What committee members asked and what judges said

- Melvin Hughes, retired circuit court judge: Committee chair Scott Serval summarized the JPE responses to Hughes and flagged several lower-rated categories. Serval told Hughes that, across respondents, only 59% said the judge “displayed knowledge of the law” all or most of the time and that ratings on effective communication and clear decision-making were “down in the mid sixties.” Serval said the only category with 90% or higher ratings was not present for Hughes this cycle.

Hughes told the committee he was surprised by the scores. “Frankly, mister chairman, I don't know why,” he said, and described his long legal career (on the bench since 1981) and continued interest in serving. Hughes explained he has worked in rural courts lacking clerks and often takes cases on advisement, adding that he writes many opinions and has practiced since the 1970s.

- Robert O'Hara (retired, settlement-conference service requested): O'Hara told the committee he had not participated in the JPE process previously and only recently received his evaluation. Committee members pointed to lower scores in time efficiency and prompt decision-making; O'Hara said he intentionally keeps a lighter docket by choice to focus on settlement conferences and to be deliberate and thoughtful in decision-making. He said much of his recent work has been settlement conferences and misdemeanor dockets and that he hopes the Supreme Court will consider certifying a settlement-conference-only category for retirees.

- Judge Rockwell (retired circuit judge): Serval again reviewed lower JPE percentages for Rockwell — including a 41% rating for use of time efficiently and mid-60s scores in communication and fairness categories. Rockwell acknowledged surprise at the scores, said he manages a lighter docket by choice because of a deliberate approach, and described mobility issues (he said he had fallen at home the day of the interview and that some courthouses are easier for him to access). He noted accommodations in Chesterfield and other jurisdictions that make his service manageable.

Committee outcome and context Committee members used the interviews to probe whether judges' lower ratings reflected correctable practices (for example, courtroom time management) or factors the committee should balance (service in rural courts, settlement-conference specialization, mobility or docket choices). The committee later took votes to certify a block of retired judges and separately noted two retired judges — including O'Hara — would be limited to settlement-conference assignments only, rather than broader sit-and-recall duties.

Ending Committee members said they viewed the interviews as part of a broader review that includes written evaluations and input from delegations, and recorded administrative outcomes (certifications and limited authorizations) later in the session. The transcript shows the committee approved multiple certification blocks after the interviews.