Intent:

To establish the authority of local courts to adopt local supplemental rules for the administration of the courts.

To ensure that local supplemental rules are adopted consistently with this Code.

To establish a procedure for the adoption and ratification of local supplemental rules.

Applicability:

This rule shall apply to all courts of record and not of record.

Statement of the Rule:

(1) Subject to paragraph (7) of this rule, the presiding judges of all multi-judge courts and judges of single judge courts may adopt such rules as they deem necessary to supplement this Code and to govern the administration of their courts.

(2) Local supplemental rules shall be approved by both the presiding judge and by a majority of the judges in the judicial district.

(3) Upon approval of the rule by the presiding judge, the local supplemental rule shall be submitted through general counsel to the appropriate Board for review. In emergency circumstances, proposed rules shall be effective immediately upon the approval of the presiding judge until final action by the Council. The Board shall review the rule for consistency with this Code, its potential application to courts of equal jurisdiction and its potential application to all courts of record and not of record.

(4) If the proposed rule is consistent with the provisions of this Code, the Board may adopt it as a local supplemental rule and submit it to the Council for ratification; the Board may adopt it as a Board rule and submit it to the Council for ratification; or the Board may refer the rule to the Council for consideration and adoption as a Council rule.

(5) Rules which are ratified by the Council as either local supplemental rules or Board rules or which are adopted as Council rules shall be forwarded to the Administrative Office for publication in this Code.

(6) Rules which are inconsistent with the provisions of this Code or for other reasons are not adopted by the Board or adopted or ratified by the Council shall be referred back to the local court with an explanation and any recommendations for modification.

(7) Local supplemental rules shall not be adopted by the Board or the local court without ratification by the Council.