(2) The judicial performance survey shall include as respondents a sample of each of the following groups as applicable:

1. (a) attorneys who have appeared before the judge as counsel;
2. (b) jurors who have served in a case before the judge; and
3. (c) court staff who have worked with the judge.

(3) The commission may include an additional classification of respondents if the commission:

1. (a) considers a survey of that classification of respondents helpful to voters in determining whether to vote to retain a judge; and
2. (b) establishes the additional classification of respondents by rule.

(7) Survey categories shall include questions concerning a judge's:

1. (a) legal ability, including the following:

   1. (i) demonstration of understanding of the substantive law and any relevant rules of procedure and evidence;
   2. (ii) attentiveness to factual and legal issues before the court;
   3. (iii) adherence to precedent and ability to clearly explain departures from precedent;
   4. (iv) grasp of the practical impact on the parties of the judge's rulings, including the effect of delay and increased litigation expense;
   5. (v) ability to write clear judicial opinions; and
   6. (vi) ability to clearly explain the legal basis for judicial opinions;

2. (b) judicial temperament and integrity, including the following:

   1. (i) demonstration of courtesy toward attorneys, court staff, and others in the judge's court;
   2. (ii) maintenance of decorum in the courtroom;
   3. (iii) demonstration of judicial demeanor and personal attributes that promote public trust and confidence in the judicial system;
   4. (iv) preparedness for oral argument;
   5. (v) avoidance of impropriety or the appearance of impropriety;
   6. (vi) display of fairness and impartiality toward all parties; and
   7. (vii) ability to clearly communicate, including the ability to explain the basis for written rulings, court procedures, and decisions; and

3. (c) administrative performance, including the following:

   1. (i) management of workload;
   2. (ii) sharing proportionally the workload within the court or district; and
   3. (iii) issuance of opinions and orders without unnecessary delay.

(9)

1. (a) The survey shall allow respondents to indicate responses in a manner determined by the commission, which shall be:

   1. (i) on a numerical scale from one to five, with one representing inadequate performance and five representing outstanding performance; or
   2. (ii) in the affirmative or negative, with an option to indicate the respondent's inability to respond in the affirmative or negative.
2. (b) To supplement the responses to questions on either a numerical scale or in the affirmative or negative, the commission may allow respondents to provide written comments.