Print Version
Previous PageFile uploaded: 4/3/2012

Rule 3-101. Judicial performancestandards.

Intent

To establish standards of performance for application by the JudicialPerformance Evaluation Commission.

Applicability

This rule applies to all justices and judges of the courts of recordand not of record.

Statement of the Rule

(1) Case under advisement standard. A case is considered to be underadvisement when the entire case or any issue in the case has been submitted tothe judge for final determination.

(2)(A) A justice of the Supreme Court demonstrates satisfactoryperformance by circulating not more than an average of three principal opinionsper calendar year more than six months after submission with no more than halfof the maximum exceptional cases in any one calendar year.

(2)(B) A judge of the Court of Appeals demonstrates satisfactoryperformance by:

(2)(B)(i) circulating not more than anaverage of three principal opinions per calendar year more than six monthsafter submission with no more than half of the maximum exceptional cases in anyone calendar year; and

(2)(B)(ii) achieving a final average time to circulation of a principalopinion of not more than 120 days after submission.

(2)(C) A trial court judge demonstrates satisfactory performance byholding:

(2)(C)(i) not more than an average of threecases per calendar year under advisement more than two months after submissionwith no more than half of the maximum exceptional cases in any one calendaryear; and

(2)(C)(ii) no case under advisement more than six months aftersubmission.

(3) Education standard. Satisfactory performance is established if thejudge annually obtains 30 hours of judicial education subject to theavailability of in-state education programs.

(4) Physical and mental competence. Satisfactory performance isestablished if the response of the judge demonstrates physical and mentalcompetence to serve in office and if the Council finds the responsiveinformation to be complete and correct. The Council may request a statement byan examining physician.