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Rule3-105.? Administration of the Judiciary

 

Intent:

To set forth the authority ofindividual judges, courts, the Supreme Court, and the Judicial Council tofairly and effectively administer the functions of the judicial branch, and toprovide a process by which the Supreme Court and the Judicial Council (1)determine when a matter is predominantly within the exclusive authority of theSupreme Court or the Judicial Council such that referral to and independentaction of either body is required; and (2) determine when a mattersignificantly implicates the exclusive authority of both the Supreme Court andthe Judicial Council such that a coordinated effort is required.?

 

Applicability:

This Rule applies to the judicialbranch.

 

Statementof the Rule:

(1)  Individual Judges, Courts and CourtLevels.?

 

(1)(A) Individual judges areresponsible for administering the cases assigned to them and to their courtsfor disposition consistent with Rule 3-103.

 

(1)(B)Individual judges, courts, or court levels may adopt and apply policies,procedures, and practices applicable to them to ensure the fair, efficient, andtimely administration of cases assigned to them, provided such policies,procedures, and practices conform to all applicable state and federal laws, torules and orders promulgated by the Supreme Court, rules promulgated by theJudicial Council, and to applicable provisions of the Human Resources Policiesand Procedures Manual.

 

(2)  The Supreme Court.

 

(2)(A)The Supreme Court has exclusive authority to adopt rules of procedure andevidence to be used in courts of the State, to manage the appellate process, toauthorize retired justices, judges, and judges pro tempore to perform judicialduties, and to govern the practice of law in the State.

 

(2)(B)To the extent matters arise or come before the Judicial Council that are withinthe exclusive authority of the Supreme Court, the Judicial Council shall referall such matters to the Supreme Court by notice to the Chief Justice.

 

(3)  The Judicial Council.

 

(3)(A)Except as provided in paragraphs (1) and (2), the Judicial Council hasexclusive authority for the administration of the judiciary, includingauthority to establish and manage the budget, adopt administrative policies andrules, and oversee the Administrative Office of the Courts.

 

(3)(B)The Chief Justice, as presiding officer of the Judicial Council and chiefadministrative officer of the judiciary, shall supervise the State CourtAdministrator and shall implement rules and policies adopted by the JudicialCouncil.

 

(3)(C)To the extent matters arise or come before the Supreme Court that are withinthe exclusive authority of the Judicial Council, the Supreme Court shall referall such matters to the Judicial Council by notice to the Management Committee.

 

(4)  Concurrent Authority of the SupremeCourt and Judicial Council.? The Supreme Court and the JudicialCouncil are each independently responsible for the removal of the State CourtAdministrator as provided in statute and Rule 3-301, but shall exercise thatindependent authority consistent with Rule 3-308.

 

(5)  Coordination and Referral ofActivities Implicating Exclusive Authority of the Supreme Court and JudicialCouncil.

 

(5)(A)When the Supreme Court begins considering a matter which implicates both theCourt?s and the Council?s exclusive authority, or when there is uncertaintyabout whether the Court or the Council has authority over such a matter, theSupreme Court or a designated member of the Supreme Court, shall promptly meetand confer with the Management Committee.?

 

(5)(B)When the Judicial Council begins considering a matter which implicates both theCouncil?s and the Court?s exclusive authority, or when there is uncertaintyabout whether the Council or the Court has authority over such a matter, theManagement Committee shall promptly meet and confer with the Chief Justice.

 

(5)(C)In the meeting required under subsections (5)(a) and(5)(b), the Supreme Court (acting through its designated member) and theJudicial Council (acting through its Management Committee) shall:

 

(5)(C)(i)Decide whether the matter is predominantly within the exclusive authority ofthe Supreme Court or predominantly within the exclusive authority of theJudicial Council, and then refer the matter to the body with the predominatingauthority to act;

 

(5)(C)(ii)Decide whether the matter substantially implicates both the exclusive authorityof the Supreme Court and the exclusive authority of the Judicial Council, andthen act in a coordinated effort to address the matter.???

 

(5)(D)If after a meeting required under subsections 5(a) and 5(b), no decision can bereached about predominant authority, substantial implication of authority,referral of the matter, or coordination of action, the Supreme Court and theJudicial Council shall meet in a joint session to make the decision.

 

(5)(E)The designated member of the Supreme Court shall consult with and report to theSupreme Court regarding any meeting required under this rule.

 

(5)(F)The Management Committee shall consult with and report to the Judicial Councilregarding any meeting required under this rule.?

 

Effective May 1, 2021