Print Version
Previous PageFile uploaded: 10/18/2017
Rule 3-106

Rule3-106. Legislative activities.


To identify the Council as the principal authority forestablishing and representing the position of the judiciary in legislativematters.

To identify the role of other offices and entities within thejudicial branch in legislative matters.

To establish a procedure for considering legislativeinitiatives by the judiciary.

To establish a procedure for agencies, groups and individualsto seek Council review of legislative initiatives.


This rule shall apply to the legislative activities of thejudiciary.

Statement of the Rule:

(1) Authority and responsibility of the council.

(A) The Judicial Council or its Liaison Committee shall bethe authority for establishing and representing the position of the judiciary inlegislative matters.

(B) The Council shall be the principal authority forcoordinating judicial participation in legislative matters.

(C) The Council shall schedule time prior to the legislativesession to consider those legislative items proposed for Council action by theLiaison Committee and the Boards.

(D) The Council may endorse, oppose, amend or take noposition on proposed legislative initiatives. The Council shall limit itsconsideration of legislative matters to those which affect the Constitutionalauthority, the statutory authority, the jurisdiction, the organization or theadministration of the judiciary.

(2) Responsibility of presiding officer of council.

(A) The presiding officer shall be responsible forrepresenting the interest of the judiciary through the presentation of "TheState of the Judiciary" speech during the regular session of thelegislature.

(B) The presiding officer shall be responsible for overseeingthe day to day legislative activities of the Court Administrator.

(3) Authority and responsibility of liaison committee.

(A) The Liaison Committee shall meet periodically throughoutthe year and regularly during the legislative session to consider proposedlegislative initiatives which affect the judiciary. The Liaison Committee shallrecommend positions to the Council and is authorized to take positions on behalfof the Council when the exigencies of the legislative process preclude fulldiscussion of the issues by the Council.

(B) Any individual, group or agency may request that theCouncil consider proposed legislative initiatives by transmitting a copy of thelegislation with their request to the State Court Administrator. The State CourtAdministrator shall submit the request to the Liaison Committee. The LiaisonCommittee shall review the legislative initiative, recommend whether the mattershould be placed on the Council agenda, recommend whether a guest should beinvited to explain the issues involved and recommend a position to the Council.

(4) Authority and responsibility of the boards. Boards maydirect the staff of the Administrative Office to prepare legislation and mayrecommend that legislation to the Council. The Boards may also reviewlegislative issues and recommend positions to the Council, but may not takepublic positions independent of the Council.

(5) Authority and responsibility of the court administrator.

(A) Consistent with this Code and the policies and prioritiesof the Council, the Court Administrator shall act as the official spokespersonfor the judiciary and is authorized to negotiate, on behalf of the Council,positions related to budget and legislative matters.

(B) Under the direction of the Council, the CourtAdministrator is responsible for coordinating all interaction between thejudiciary and the legislative branch including the following:

(i) scheduling meetings between the Council and thelegislative branch;

(ii) meeting with legislators and other representatives ofthe legislative branch to convey the position of the judiciary;

(iii) calling on individual judges to participate inlegislative activities.