Print Version
Previous PageFile uploaded: 11/2/2012

Rule 3-301. Court administrators.

Intent:

To establishthe duties, responsibilities, and authority of the administrators of thecourts.

Applicability:

This rule shallapply to all persons who serve in an administrative support services capacityfor courts of record and state-employed administrators of courts not of record.

Statement ofthe Rule:

(1) Generalprovisions. The following provisions respecting administrative duties,responsibilities, and authority shall govern the conduct of administrativematters of the courts of the State. Administrative support services for thejudiciary shall be organized into a central office known as the AdministrativeOffice. Local trial court administrative offices shall be established whendetermined necessary by the Council and shall be known as Offices of the CourtExecutive.

(2)Qualifications. The state court administrator, state level administrators, andcourt executives shall be selected on the basis of professional ability andexperience in the field of public administration and shall possessqualifications for office as may be set forth in the job descriptions and havean understanding of court procedures as well as of the nature and significanceof court services.

(3) State courtadministrator.

(3)(A)Appointment and tenure. The state court administrator shall be appointed by theChief Justice of the Supreme Court upon majority vote of the Supreme Court and shallserve at the pleasure of the Council and/or the Supreme Court. Theadministrator shall be removed from office upon majority vote of the Councilconcurred in by majority vote of the Supreme Court.

(3)(B) Duties,responsibilities and authority. Under the general supervision of the presidingofficer of the Council and within the policies established by the Council, thestate court administrator shall:

(3)(B)(i) appoint a deputy court administrator who shall assistthe administrator in the performance of his duties and responsibilities;

(3)(B)(ii)organize and administer all of the non-judicial activities of the courts;

(3)(B)(iii)assign, supervise, and direct the work of the non-judicial officers of thecourts including the general supervision of court executives;

(3)(B)(iv)implement the standards, policies, and rules established by the Council;

(3)(B)(v)formulate and administer a system of personnel administration for the judiciaryincluding but not limited to:

(3)(B)(v)(a)establishment of uniform personnel policies;

(3)(B)(v)(b)creation and abolishment of positions;

(3)(B)(v)(c)establishment of classification schedules;

(3)(B)(v)(d)approval of all personnel actions;

(3)(B)(v)(e)appointment and removal of employees within the administrator's authority;

(3)(B)(vi)prepare, administer, and manage the state judicial budget and establish afiscal management system including accounting, auditing and procurementprocedures;

(3)(B)(vii)conduct studies of the business of the courts, including the preparation ofrecommendations and reports relating to them;

(3)(B)(viii)develop uniform procedures for the management of court business;

(3)(B)(ix)maintain liaison with governmental and other public and private groups havingan interest in the administration of the courts;

(3)(B)(x) calland appoint judges of courts of record to serve temporarily as Court ofAppeals, District Court or Juvenile Court judges as necessary;

(3)(B)(xi)consistent with the provisions of this Code, schedule trials or court sessions,assign judges within courts and throughout the state, reassign cases to judges,and change the county for trial of a case if parties do not object, asnecessary;

(3)(B)(xii)organize and administer a program of continuing judicial and non-judicialeducation;

(3)(B)(xiii)establish and manage a court information system;

(3)(B)(xiv)establish and manage a court facility program;

(3)(B)(xv)provide staff support for the senior judge and court commissioner evaluationprogram;

(3)(B)(xvi)serve as secretariat to all justice court judicial nominating commissions;

(3)(B)(xvii)approve and execute all leases, contracts, or other documents on behalf of thejudiciary;

(3)(B)(xviii)provide technical assistance to the courts upon request or as necessary;

(3)(B)(xix)develop policies regarding the maintenance, retention and disposition of courtrecords;

(3)(B)(xx)serve as public information officer for the courts;

(3)(B)(xxi)perform such other duties as may be assigned by the presiding officer of theCouncil.

(4) State leveladministrators.

(4)(A)Appointment, supervision and evaluation.

(4)(A)(i) The state court administrator shall appoint anAppellate, District, Juvenile, and Justice Court administrator with theconcurrence of the Board which each serves.

(4)(A)(ii) Inthe event of a vacancy among these positions, the state court administratorshall assume the responsibilities of the office or delegate suchresponsibilities to another staff member until the vacancy is filled.

(4)(A)(iii)Each state level administrator shall serve at the pleasure of the state courtadministrator.

(4)(A)(iv)Performance evaluations of the state level administrators shall be conducted bythe state court administrator in consultation with the chair of the appropriateBoard.

(4)(A)(v) Thestate court administrator shall supervise the daily activities of the statelevel administrators.

(4)(B) Dutiesand responsibilities.

(4)(B)(i) Render assistance and support to the state courtadministrator in the performance of his duties.

(4)(B)(ii)Serve as staff to the appropriate Board.

(4)(B)(iii)Under the direction of the state court administrator, supervise and conductperformance evaluations of court executives.

(4)(B)(iv)Develop and manage the state budget of the court including expenditures,accounting, and procurement.

(4)(B)(v)Conduct the planning and project development for the court.

(4)(B)(vi)Serve as liaison to the education program for the court.

(4)(B)(vii) Actas intermediary between the Board and the Council.

(4)(B)(viii)Meet with the judges of the local courts at least annually, for purposes ofcommunication and information dissemination.

(4)(B)(ix)Perform such other duties as may be assigned by the state court administratoror the Board.

(5) Courtexecutives.

(5)(A)Appointment, supervision and evaluation.

(5)(A)(i) The court executives shall be appointed by the statecourt administrator after consultation with the state level administrator andwith the concurrence of the presiding judge. The court executives shall serveat the pleasure of the state court administrator.

(5)(A)(ii)Under the direction of the state court administrator, the state leveladministrators, with the local presiding judge, shall develop annually aperformance plan for the court executives. At the conclusion of each year, thestate level administrator shall consult with the presiding judge in thepreparation of a performance evaluation of the court executive.

(5)(A)(iii) Thecourt executive shall coordinate with the presiding judge(s) and theAdministrative Office the use of annual leave.

(5)(A)(iv) Thecourt executive shall participate in special projects, attend staff meetings,submit reports, and fulfill other responsibilities as necessary for theadministration of the courts as directed by the state level administrator.

(5)(B) Dutiesand responsibilities. Pursuant to this Code and under the direction of thestate level administrator and the presiding judge, the court executive isresponsible for the day-to-day supervision of the non-judicial administrationof the courts. Such duties include but are not limited to:

(5)(B)(i) hiring and supervision of staff other than judges orcourt commissioners;

(5)(B)(ii)development and management of budget;

(5)(B)(iii)planning and management of facilities;

(5)(B)(iv)development, maintenance and coordination of intergovernmental relations;

(5)(B)(v)transmission of information to the Boards and the Administrative Office and thedistribution of minutes from the Council and Board meetings to individualjudges;

(5)(B)(vi)implementation and management of the court calendar as directed by this Codeand local rule;

(5)(B)(vii)development and management of court security plans;

(5)(B)(viii)service as secretariat for local administrative court meetings;

(5)(B)(ix)development and implementation of records management systems;

(5)(B)(x) localpublic information; and

(5)(B)(xi)other duties as assigned by the presiding judge and the state leveladministrator.