Rule 3

Rule 3-111.06. Administration of the judicial performance evaluation and certification program.

Intent:

To provide for the administration of the performance evaluation program for evaluation and certification.

Applicability:

This rule shall apply to the Judicial Council and to the Standing Committee on Judicial Performance Evaluation.

Statement of the Rule:

(1) The performance evaluation program shall use professionally recognized methods of data collection which may include surveys, onsite visits, caseload management data and personal interviews. Information shall be obtained from multiple sources to provide balanced information. Information from individuals shall be based on personal knowledge of the judge’s or commissioner’s performance.

(2) The Standing Committee on Judicial Performance Evaluation shall:

(A) propose to the Council a schedule of recommended activities and procedures by which to administer the evaluation and certification program;

(B) with the Council’s approval, provide a schedule of activities and procedures to all judges and commissioners;

(D) propose to the Council any surveys and amendments. Subjects inquired into by a survey shall be drawn from but need not include all of the criteria established by Rule 3-111.02.

(3) For each judge and commissioner standing for retention election or reappointment, the Surveyor shall provide to the Council the number and percentage of respondents for each of the possible responses on each survey question. Without identifying individual judges or commissioners, the Surveyor shall provide the Council with the survey results for each court level and geographic region.

(4)(A) Except as provided in this Code, judicial performance records relied upon by the Council in making its findings and certifications are classified as public records upon approval of the final findings and certifications. Prior to the Council’s preliminary findings and certifications, survey results shall be marked with a code number in order to withhold from the Council the identity of the judge or commissioner. Upon being classified as a public record, the records shall identify the judge to whom they pertain.

(B) The survey results for each court level and geographic region, without identifying individual judges or commissioners, are classified as public records.

(5) Geographic regions are:

(a) Region 1: Judicial Districts 5, 6, 7, and 8;

(b) Region 2: Judicial Districts 1 and 2;

(d) Region 4: Judicial District 4; and

(e) Region 5: The Supreme Court and the Court of Appeals.