Posted: March 4, 2016
Code of Judicial Administration – Comment Period Closed April 23, 2016
CJA 03-0403. Judicial branch education. Amend. Gives the Management Committee authority to excuse an active senior judge applying for reappointment from completing the annual 30 hour education requirement based on good cause. To be eligible, the senior judge must have completed at least 60 total education hours in the two years preceding the effective date of reappointment.
CJA 04-0202.02. Records classification. Amend. Classifies jail booking sheets and nonresident violator notices of compliance as private. Deletes language addressing appellate brief addenda as they are governed by other rules.
CJA 04-0404. Jury selection and service. Amend. Incorporates recent amendments to the statute regarding a juror’s term of service.
CJA 04-0903. Uniform custody evaluations. Amend. Clarifies the list of professionals who may perform custody evaluations. Eliminates the provision allowing two custody evaluators to be appointed if one party resides out of state. Adds additional factors for a custody evaluator to consider when conducting an evaluation.
CJA Rule 4-903. This rule fails to address when a judge should order custody evaluations. There are some jurisdictions in which commissioners are requiring them in almost all cases before certifying the case for trial. This per se requirement seems inappropriate. I suggest the addition of a final paragraph that states something along these lines:
“When determining whether to order a custody evaluation pursuant to this rule, the court must consider whether the parties can reasonably afford the evaluation, and how helpful the evaluation would be in the resolution of the particular case. The prevailing consideration in each case must be the best interest of the child.”