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Rule 3-106.  Legislative Activities.

Intent:

To identifythe Council as the principal authority for establishing and representing theposition of the judiciary in legislative matters.

To identifythe role of other offices and entities within the judicial branch inlegislative matters.

To establisha procedure for considering legislative initiatives by the judiciary.

To establisha procedure for agencies, groups, and individuals to seek Council review oflegislative initiatives.

Applicability:

This ruleshall apply to the legislative activities of the judiciary.

Statement of the Rule:

(1)       Authority and responsibility of the council.

(1)(A)       The Judicial Council or its Liaison Committeeshall be the authority for establishing and representing the position of thejudiciary in legislative matters.

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

(1)(C)       The Council shall schedule time prior to thelegislative session to consider those legislative items proposed for Councilaction by the Liaison Committee and the Boards.

(1)(D)       The Council may endorse, oppose, recommendamendments to, or take no position on proposed legislative initiatives. TheCouncil shall limit its consideration of legislative matters to those whichaffect the Constitutional authority, the statutory authority, the jurisdiction,the organization, or the administration of the judiciary.

(2)       Responsibility of presiding officer ofcouncil.

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

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

(3)       Authority and responsibility of liaisoncommittee.

(3)(A)       The Liaison Committee shall meet periodicallythroughout the year and regularly during the legislative session to considerproposed legislative initiatives which affect the judiciary. The LiaisonCommittee shall recommend positions to the Council and is authorized to takepositions on behalf of the Council when the exigencies of the legislativeprocess preclude full discussion of the issues by the Council.

(3)(B)       Any individual, group or agency may request thatthe Council consider proposed legislative initiatives by transmitting a copy ofthe legislation with their request to the State Court Administrator. The StateCourt Administrator shall submit the request to the Liaison Committee. TheLiaison Committee shall review the legislative initiative, recommend whetherthe matter should be placed on the Council agenda, recommend whether a guestshould be invited to explain the issues involved, and recommend a position tothe Council.

(4)       Authority and responsibility of the boards.

(4)(A)       Boards may direct the staff of theAdministrative Office to prepare legislation and may recommend that legislationto the Council. The Boards may also review legislative issues and recommendpositions to the Council, but may not take public positions independent of theCouncil.

(5)       Authority and responsibility of the courtadministrator.

(5)(A)       Consistent with this Code and the policies andpriorities of the Council, the Court Administrator shall act as the officialspokesperson for the judiciary and is authorized to negotiate, on behalf of theCouncil, positions related to budget and legislative matters.

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

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

(5)(B)(ii)       meetingwith legislators and other representatives of the legislative branch to conveythe position of the judiciary; and

(5)(B)(iii)      callingon individual judges to participate in legislative activities.

Effective May 1, 2019