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Rule3-301.01.? State CourtAdministrator?Complaints and Performance Review; Complaints Regarding JudicialOfficers and State Court Employees.

 

Intent:

The State Court Administrator servesat the pleasure of both the Supreme Court and the Judicial Council.? The intent of this rule is to establish (1)the process for reviewing the performance of the State Court Administrator; (2)an avenue by which complaints regarding the State Court Administrator, judicialofficers, and state court employees can be received, reviewed, andinvestigated; and (3) the confidentiality necessary to perform this work.

 

Applicability:

This rule applies to the judicialbranch.

 

Statementof the Rule:

(1)   Definitions.

(1)(A)?Performance Review Committee? means a committee consisting of one member ofthe Management Committee of the Judicial Council who is not a member of theSupreme Court, and one member of the Supreme Court. The Management Committeemember shall be appointed by a majority vote of the Management Committee. TheSupreme Court member shall be appointed by the Chief Justice.

 

(1)(B)?Management Committee? means the standing committee of the Judicial Councilestablished in Rule 1-204. ???

 

(2)   ComplaintsRegarding and Performance Review of State Court Administrator.

 

(2)(A) Complaints?Receipt,Review, and Investigation.? The SupremeCourt and the Management Committee are authorized to receive complaintsregarding the conduct or performance of the State Court Administrator.?

 

(2)(A)(i)The Supreme Court or the Management Committee shall promptly disclose all suchcomplaints to each other and to the Performance Review Committee. The PerformanceReview Committee shall convene promptly to review the complaint and todetermine what investigation is appropriate.

 

(2)(A)(ii)After the appropriate investigation is completed, the Performance ReviewCommittee shall make recommendations to the Judicial Council and the SupremeCourt. Recommendations may include: no further action, a performance orcorrective action plan, discipline as a condition of continued employment, ortermination.

 

(2)(B) Annual Performance Review.? At least annually, the Performance ReviewCommittee shall review the performance of the State Court Administrator inaccordance with the standards set forth in the Human Resources Policies andProcedures Manual.

 

(2)(B)(i)The Performance Review Committee shall report the results of the State CourtAdministrator?s annual performance review to the Judicial Council and SupremeCourt.? After completion of theperformance review, the Performance Review Committee may make recommendationsto the Judicial Council and the Supreme Court. Recommendations may include: nofurther action, a performance or corrective action plan, discipline as acondition of continued employment, or termination.

 

(2)(B)(ii)The Judicial Council and the Supreme Court shall meet in a joint executivesession to approve, reject, or modify any recommended performance or correctiveaction plan.

 

(2)(C) Action to Discipline or Terminate theState Court Administrator.

 

(2)(C)(i) If the PerformanceReview Committee recommends that the State Court Administrator be disciplined asa condition of continued employment or be terminated, the Performance ReviewCommittee shall promptly report its recommendation to the Judicial Council andthe Supreme Court.

 

(2)(C)(ii) The JudicialCouncil and the Supreme Court shall meet in a joint executive session toconsider the recommendation.? Afterconsidering the recommendation, the Judicial Council and the Supreme Court mayundertake such additional investigation as they jointly deem necessary. The JudicialCouncil and the Supreme Court shall work together in good faith to exercisejointly and by consensus their statutory rights regarding termination of theState Court Administrator.

 

(3)   ComplaintsRegarding Judges and State Court Employees.

 

(3)(A) Judicial Officers. The ManagementCommittee is authorized to receive, review, and investigate complaintsregarding the conduct or performance of any judicial officer.? After completing the investigation it deemsappropriate, the Management Committee may refer the complaint and makerecommendations to the appropriate presiding judge or to the Judicial Council. TheJudicial Council shall decide whether to refer the complaint to the JudicialConduct Commission.

 

(3)(B) Other Court Employees. The Management Committee is authorized to receive complaintsregarding the conduct or performance of any state court employee. Forcomplaints involving any employee other than the State Court Administrator or HumanResources Director, the Management Committee shall refer the complaint to theHuman Resources Department consistent with its Policies and Procedures Manual.Complaints involving the Human Resources Director shall be referred to theState Court Administrator for review and investigation.

 

(4)   ConsultationRegarding Personnel and Related Matters.

 

(4)(A)The Management Committee shall be available to consult with any presiding judgeon personnel and related matters involving a judicial officer.

 

(4)(B)The Management Committee shall be available to consult with the State Court Administratoron personnel and related matters involving any state court employee.

 

(5)   Confidentiality.The work performed bythe Supreme Court, the Performance Review Committee or the Management Committeepursuant to this rule shall be kept confidential and shall not be discloseduntil (1) disclosure is required by this rule, or (2) disclosure is required byapplicable law.

 

Effective May 1, 2021