Rule 3-111.05. Evaluation and certification of senior judges.

Intent:

To establish a performance evaluation program for active senior judges.

Applicability:

This rule shall apply to the Judicial Council and to active senior judges of courts of record.

Statement of the Rule:

(1) Criteria of performance. Active senior judges shall be evaluated and certified using the performance criteria in Rule 3-111.02.

(2) Evaluation information. The evaluation and certification shall be based upon performance during the senior judge’s current term of office. The following information shall be used:

(2)(A) Survey of attorneys.

(2)(A)(i) The Council shall measure performance by a survey of the attorneys appearing before the senior judge. The survey shall provide the opportunity for the respondent to comment to the Council.

(2)(A)(ii) The survey shall be administered by the Surveyor.

(2)(A)(iii) The Administrative Office of the Courts shall identify as potential respondents all lawyers who have appeared before the senior judge at a hearing or trial during the senior judge’s current term. The senior judge shall not review the list of potential respondents. The Surveyor shall identify 180 respondents or all the attorneys appearing before the senior judge whichever is less.

(2)(A)(iv) The Surveyor shall report to the Council the number and percentage of respondents for each of the possible responses on each question.

(2)(B) Survey of presiding judges and court staff. The Council shall measure performance by a survey of all presiding judges and trial court executives of districts in which the judge has been assigned. The Administrative Office of the Courts shall distribute survey forms with instructions to return completed surveys to the Surveyor.

(2)(C) The Surveyor shall provide the Council with a report of all survey responses for the senior judge’s current term.

(3) Standards of performance.

(3)(A) Surveys. The Judicial Council shall determine whether the senior judge’s scores reported on the surveys are satisfactory.

(3)(B) Cases under advisement. The Council shall measure satisfactory performance by the self-declaration of the senior judge or by review of the records of the court. The senior judge shall demonstrate satisfactory performance by complying with the cases under advisement standard in Rule 3-111.03 for the court in which the judge has been assigned.

(3)(C) Compliance with education standards. Satisfactory performance is established if the senior judge meets the minimum education requirements established by this Code subject to the availability of in-state education programs. The Council shall measure satisfactory performance during the current term by the self declaration of the senior judge or by review of records of the state court administrator.

(3)(D) Substantial compliance with Code of Judicial Conduct. Satisfactory performance is established if the response of the senior judge demonstrates substantial compliance with the Code of Judicial Conduct and if the Council finds the responsive information to be complete and correct.

(3)(E) Physical and mental competence. Satisfactory performance is established if the response of the senior judge demonstrates physical and mental competence to serve in office and if the Council finds the responsive information to be complete and correct. The Council may request a statement by an examining physician.

(4)(A) Judicial Council action. Upon application for appointment under Rule 11-201, the Administrative Office of the Courts shall provide to the Judicial Council the information submitted by the senior judge as well as survey scores and any other relevant information to the Council. The information provided to the Council shall be provided to the senior judge prior to consideration by the Council. After considering all information, the Council may certify to the Supreme Court that the applicant meets the qualifications for being an active senior judge or withhold decision until after meeting with the judge.

(4)(B) At the request of the Council the senior judge shall meet with the Council. The Administrative Office of the Courts shall deliver to the senior judge being evaluated notice of the Council’s action and any records not already delivered to the senior judge. The notice shall contain an adequate description of the reasons the Council has withheld its decision and the date by which the senior judge is to deliver written materials. The Administrative Office of the Courts shall deliver copies of all materials to the Council and to the senior judge prior to the meeting.

(4)(C) At the meeting in a session closed in accordance with Rule 2-103, the Council shall provide to the senior judge adequate time to present evidence and arguments in favor of certification. Any member of the Council may present evidence and arguments of which the judge has had notice opposed to certification. The Council may determine the order of presentation.