Rule 3-111.02. Judicial performance evaluation criteria.

Intent:

To specify the criteria upon which judges will be evaluated and certified.

Applicability:

This rule shall apply to the Judicial Council and to the judges and commissioners of the courts of record and courts not of record.

Statement of the Rule:

Judges and commissioners shall be evaluated and certified upon the following criteria.

(1) Integrity - Factors considered may include but are not limited to:

(A) avoidance of impropriety and appearance of impropriety;

(B) freedom from personal bias;

(C) ability to decide issues based on the law and the facts without regard to the identity of the parties or counsel, the popularity of the decision or concern for criticism;

(D) impartiality of actions; and

(E) compliance with the Code of Judicial Conduct.

(2) Knowledge and understanding of the law and procedures - Factors considered may include but are not limited to:

(A) the issuance of legally sound decisions;

(B) understanding of the substantive, procedural, and evidentiary law of the state;

(C) attentiveness to the factual and legal issues before the court; and

(D) the proper application of judicial precedents and other appropriate sources of authority.

(3) Ability to communicate - Factors considered may include but are not limited to:

(A) clarity of bench rulings and other oral communications;

(B) quality of written opinions with specific focus on clarity and logic, and the ability to explain clearly the facts of a case and the legal precedents at issue; and

(C) sensitivity to impact of demeanor and other nonverbal communications.

(4) Preparation, attentiveness, dignity and control over proceedings - Factors considered may include but are not limited to:

(A) courtesy to all parties and participants; and

(B) willingness to permit every person legally interested in a proceeding to be heard, unless precluded by law.

(5) Skills as a manager - Factors considered may include but are not limited to:

(A) devoting appropriate time to all pending matters;

(B) discharging administrative responsibilities diligently; and

(C) where responsibility exists for a calendar, knowledge of the number, age, and status of pending cases.

(6) Punctuality - Factors considered may include but are not limited to:

(A) the prompt disposition of pending matters;

(B) meeting commitments on time and according to rules of the court; and

(C) compliance with the case processing time standard established by the Council.

(7) Service to the profession and the public - Factors considered may include but are not limited to:

(A) attendance at and participation in judicial and continuing legal education programs;

(B) consistent with the Code of Judicial Conduct, participation in organizations devoted to improving the justice system;

(C) consistent with the highest principles of the law, ensuring that the court is serving the public and the justice system to the best of its ability and in such a manner as to instill confidence in the court system; and

(D) service within the organizations of the judicial branch of government and in leadership positions within the judicial branch of government, such as presiding judge, Judicial Council, Boards of Judges, and standing and ad hoc committees.

(8) Effectiveness in working with other judges, commissioners and court personnel - Factors considered may include but are not limited to:

(A) when part of a multi-judge panel, exchanging ideas and opinions with other judges during the decision-making process;

(B) critiquing the work of colleagues;

(C) facilitating the administrative responsibilities of other judges and commissioners; and

(D) effectively working with court staff.