1.0 PRESIDING JUDGE
The business of the Superior Court of California, County of Los Angeles ("Court") shall be supervised by one of the judges who shall be elected by the eligible judges of the court, as hereinafter provided. He/she shall be designated as the Presiding Judge. He/she shall be a member and chair of the Executive Committee. He/she shall assign judges to sit in various departments of the court, other than the Appellate Division pursuant to California Rules of Court, rule 3.710. He/she shall designate a judge as the Supervising Judge to preside in each district, other than the Central District, in the Civil, Criminal, Family Law, Mental Health, Dependency, Traffic, and Probate Divisions, and in such other Divisions as he/she shall deem appropriate. He/she may also designate a judge as the Site Judge to preside, under the supervision of the Supervising Judge for the district in which the courthouse is located, in any courthouse in which no Supervising Judge sits. Additionally, pursuant to Section 246(2) of the Welfare and Institutions Code, the Presiding Judge shall appoint a Presiding Judge of the Juvenile Court. Further, the Presiding Judge or designee of the Presiding Judge shall exercise the authority and perform all the duties as set forth in Rule 10.603 of the California Rules of Court and in all other applicable court rules and laws of the State of California. In exercising his/her duty to designate a judge to preside in each department and to designate a Supervising Judge for each division, district, or branch court, the Presiding Judge shall make assignments based on what, in his/her sole discretion, he/she believes to be (1) the strengths of the court's bench officers and (2) the best interests of the public and the court.
(Rule 1.0 [1/1/94, 1/22/2000, 7/1/2000, 1/1/2001, 4/4/01] amended and effective 1/1/08.)
1.1 ASSISTANT PRESIDING JUDGE
In the absence of the Presiding Judge, his/her powers shall be exercised by the Assistant Presiding Judge, who shall be a member and vice-chair of the Executive Committee.
(Rule 1.1 effective 1/1/94.)
1.2 ACTING PRESIDING JUDGE
In the absence of both the Presiding Judge and Assistant Presiding Judge, the powers of the Presiding Judge shall be exercised by a judge designated by the Presiding Judge to be the Acting Presiding Judge.
(Rule 1.2 effective 1/1/94.)
1.3 ELECTION OF PRESIDING, ASSISTANT PRESIDING JUDGE
(a)Effective Date.
Subdivisions (b) through (k) of this rule are applicable to the elections of the Presiding Judge and Assistant Presiding Judge commencing in the year 2002 and each such election thereafter.
(Rule 1.3(a) [re-titled as Election for Unification Transition Period and new text (1) through (6) added 1/22/2000] re-titled as Effective Date, subsections (1) through (6) deleted, and new ¶ added and effective 1/1/2001.)
(b) Nomination. A judge may be nominated for election as either Presiding Judge or Assistant Presiding Judge when the following form is completed, signed by not less than eight nor more than ten judges of the court and filed with the Presiding Judge between 12:00 noon on the first Wednesday in September and 12:00 noon on the second Wednesday in September. The nominee shall designate his or her acceptance of nomination for one office only.
(Rule 1.3(b) [1/1/94, 7/1/94, 4/1/98, 1/22/2000] amended and effective July 1, 2000.)
NOMINATION
We, the undersigned, nominate Judge ______________ for election as Presiding Judge-Assistant Presiding Judge. (strike one)
DESIGNATION
I accept nomination for the office of (strike one) Presiding Judge-Assistant Presiding Judge only.
(c) Distribution of Ballots. On or before the fourth Wednesday in September, the Presiding Judge shall cause two separate ballots to be distributed to each judge then holding office. One ballot shall contain in random order, if more than one judge is nominated, the names of the judges who have been nominated for election as Presiding Judge; the second ballot shall contain in random order, if more than one judge is nominated, the names of the judges who have been nominated for election as Assistant Presiding Judge.
The order in which judges' names will be listed on the ballots will be determined by a random draw of the letters of the alphabet to be conducted in the Executive Officer's office following the close of nominations at 12:00 noon on the second Wednesday of September.
(Rule 1.3(c) [1/1/94, 7/1/94, 4/1/98,1/22/2000] amended and effective July 1, 2000.)
(d) Voting. Each judge to whom ballots have been distributed shall vote for one nominee for Presiding Judge and one nominee for Assistant Presiding Judge, place the ballots in a blank envelope, place this envelope in a second envelope, sign his or her name to the outer envelope and send it to the senior judge of the court, in care of the Executive Officer/Clerk of the Superior Court (Executive Officer). It must be so received in the office of the Executive Officer not later than 12:00 noon of the first Wednesday in October and any ballot, whether regular or absentee, received after such hour shall not be counted.
(Rule 1.3(d) [1/1/94, 7/1/94, 4/1/98, 1/22/2000] amended and effective July 1, 2000.)
(e) Absentee Ballots.Any judge who
will be absent from the County of Los Angeles for any part of
the period commencing the Friday after the last Wednesday in
September and ending the first Wednesday in October, may
obtain an Absentee Ballot from the Presiding Judge. Said
Absentee Ballot shall list nominees as above provided.
Absentee Ballots shall be processed and sent as provided in Section 1.3(d), above.
(Rule 1.3(e) [1/1/94, 7/1/94, 4/1/98,1/22/2000] amended and effective July 1, 2000.)
(f) Canvass of Vote. A committee, composed of the three judges available who have the greatest seniority on the court, shall meet on the first Wednesday in October at 12:00 noon, remove all blank envelopes from the outer envelopes, then remove all ballots from the blank envelopes and tabulate the vote.
(Rule 1.3(f) [1/1/94, 7/1/94,4/1/98,1/22/2000] amended and effective July 1, 2000.)
(g) Majority Vote. If any nominee for either office receives a majority of the votes cast for that office, he or she shall be elected thereto and shall be so certified by the committee to the judges of the court. If there are only two nominees for an office and the vote for that office is tied, the judge having the greater seniority shall be elected to that office.
(Rule 1.3(g) [1/1/94] renumbered 1/22/2000.)
(h) Less Than Majority Vote.If an office is not filled by such majority vote, the committee shall certify to the Presiding Judge the names of the two judges receiving the highest and second highest number of votes without specification of the number of votes received, and, on or before the second Wednesday in October, the Presiding Judge shall cause a ballot containing the names so certified in random order consistent with Section 1.3(c), to be distributed to the judges eligible to vote.
(Rule 1.3(h) [1/1/94, 7/1/94, 4/1/98, /22/2000 ] amended and effective July 1, 2000.)
(i) Second Ballot.Each judge shall vote and send his or her ballot as provided above. Ballots must be received in the office of the Executive Officer not later than 12:00 noon on the third Wednesday in October. Any ballot received after such hour shall not be counted.
(Rule 1.3(i) [1/1/94, 7/1/94, 4/1/98,1/22/2000 ] amended and effective July 1, 2000.)
(j) Canvass of Second Ballot. A committee, comprised as above provided, shall meet at 12:00 o'clock noon on the third Wednesday in October and canvass the second ballots. The judge receiving the highest number of votes, or in case of a tie vote the judge having the greater seniority, shall be elected to the particular office for which he or she was a nominee. The committee shall certify his or her election to the judges of the court.
(Rule 1.3(j) [1/1/94, 7/1/94, 4/1/98,1/22/2000 ] amended and effective July 1, 2000.)
(k) Term of Office.
The term of office of the Presiding Judge and Assistant Presiding Judge so elected shall be for two years commencing on the following 1st day of January. (Rule 10.602, California rules of Court.)
(Rule 1.3(k) [renumbered 1/22/2000, 1/1/01] amended and effective 1/1/08.)
(l) Vacancy in office of Presiding Judge. If, for any cause, the office of Presiding Judge becomes vacant during any year, it shall be filled by election in the manner provided above, except that nominations shall be filed not later than 12:00 o'clock noon on the tenth court day following the date the Executive Committee declares the office vacant. The several steps provided above shall then be taken at the time intervals indicated above without reference to the specific months named. A judge so elected shall serve for the remainder of the incomplete term.
(Rule 1.3(l) [renumbered 1/22/2000] amended and effective 1/1/2001.)
(m) Uncontested Offices. If election to either office is uncontested after the time for filing nomination forms has expired, ballots for such office need not be distributed and the three senior judges of the court, as the election canvass committee, shall forthwith certify the election of the sole candidate for the office by the unanimous vote of the court.
(Rule 1.3(m) renumbered 1/22/2000.)
(n) Removal of Presiding Judge or Assistant Presiding Judge.
A majority of the judges of the court at any time may, by written order, call a meeting of the
judges at the time and place specified therein for the purpose of considering whether the Presiding
Judge or Assistant Presiding Judge shall be removed from such office. A copy of the order shall be
sent to each judge not a signatory thereon at least five days prior to the date of the meeting.
An affirmative vote equal in number to the majority of the judges of the court shall remove the
incumbent from such office. However, until January 1, 2003, this subsection (n) is subject to the two-thirds majority vote requirements of Local Rule 1.10.
(Rule 1.3(n) renumbered 1/22/2000.)
(o) Filling Mid-Year Vacancy in Office of Assistant Presiding Judge.
In the event that a vacancy exists in the office of Assistant Presiding Judge, the Presiding Judge may call for an election to fill that vacancy for the unexpired portion of the term of the vacating Assistant Presiding Judge, whereupon such election shall be held on a date specified in the call for that election. The sequence of events provided for by subsections (b) through (m) of this Rule 1.3 shall be substantially the same for the election provided for by this subsection (o), except for the months in which those events are to occur.
(Rule 1.3(o) [newly added 1/22/2000] amended and effective 1/1/2001.)
(Rule 1.3 [11/94, 7/1/94, 1/22/2000, 7/1/2000,
1/1/01] amended and effective 1/1/08.)
1.4 EXECUTIVE OFFICER/CLERK OF THE SUPERIOR COURT
(a) Intent of Rule.
It is the intent of the Court by adopting this rule to, inter alia, provide that the duties
of the Executive Officer/Clerk of the Superior Court ("Executive Officer") be performed by one
individual who will not hold any other position in state or county government.
(Rule 1.4(a) [1/1/94] amended and effective 1/22/2000.)
(b) Overall Administrative Supervision.
All the Court’s officers and employees, although Los Angeles County employees for purposes of salary and benefits (Sections 69894.3 and 69894.4 of the Government Code) nevertheless serve and are responsible to the Court, and their overall administrative supervisor is the Executive Officer (Section 69894.1 of the Government Code).
(Rule 1.4(b) [1/1/94] amended and effective 1/22/2000.)
(c) Selection.
(1) The Executive Officer of the Superior Court shall serve at the pleasure of the judges of the Superior Court.
(2) In filling the position of Executive Officer, or in the event of a vacancy therein, the Presiding Judge shall appoint a selection committee for the purpose of instituting and implementing procedures to select the Executive Officer or fill the vacancy in such office.
(3) The selection committee shall develop a plan for the selection committee to follow in filling the position or vacancy and shall present it to the Executive Committee for its approval.
(4) The selection committee shall review the background, experience and qualifications of the applicants and shall recommend to the judges not less than three applicants whom it finds to be best qualified for the position.
(5) The judges shall review the background, experience and qualifications of the applicants submitted by the selection committee and shall select one of the applicants to fill the position or vacancy. The judges shall vote by secret ballot. A majority vote of the judges of the court is required to elect the Executive Officer.
(Rule 1.4(c) [1/1/94, 1/22/2000] amended and effective 7/1/2001.)
(d) Qualifications.Pursuant to the directions contained in Section 69898 of the Government Code, the qualifications of the Executive Officer are fixed as follows:
(1) He or she shall be a citizen of the United States.
(2) It is preferable that he or she shall have had experience in a highly responsible administrative capacity in private or public employment.
(3) It is also preferable that he or she shall have substantial knowledge of government, judicial administration, personnel management, finance administration, and the legislative process, a working knowledge of systems and procedure analysis and automation techniques, access and fairness, and public relations, either in private or public employment, and the ability to work with others.
(Rule 1.4(d) [1/1/94, 1/22/2000] amended and effective 7/1/2001.)
(e) Powers and Duties. Pursuant to Section 69898 of the Government Code and Rule 10.610 of the California Rules of Court, the court declares that, under the direction of the Presiding Judge, the powers and duties of the Executive Officer shall include:
(1) To execute, on behalf of the court and subject to the supervision and direction of the Presiding Judge, the administrative supervision and control of the non-judicial activities of thecourt.
(2) To establish such divisions in the office of Executive Officer as may be deemed advisable, subject to the approval of the Executive Committee.
(3) To delegate his or her duties where necessary, and to assign or supervise and direct the work of all non-judicial officers and employees of the court.
(4) To administer a system of personnel administration in accordance with written policies approved by the Executive Committee.
(5) To prepare and administer the budget of the court and to represent the court in any matters pertaining to the budget which may be under consideration by the Board of Supervisors and/or the Trial Court Budget Commission, as directed by the Presiding Judge.
(6) To maintain all accounting and property control records, including payroll records of the court and records with respect to compensation of assigned judges.
(7) To purchase law libraries, supplies and equipment for the judges and for supporting court personnel, and to control their storage and distribution.
(8) To represent the court in its negotiations relative to the establishment and maintenance of courtrooms, chambers and offices, as directed by the Presiding Judge.
(9) To initiate studies and prepare appropriate recommendations and reports to the Presiding Judge, to committees of the court and to the court relating to the business of the court and its administration, including studies relating to the operations of special departments and branches.
(10) To collect, compile and analyze statistical data on a continuing basis concerning the status of judicial and non-judicial business of the court, and the preparation of periodic reports based on such data.
(11) To serve in a liaison capacity for the court, as directed by the Presiding Judge, with the Judicial Council, committees of the Legislature, the Board of Supervisors, the County Chief Administrative Officer, County Sheriff, State Bar of California, bar associations and civic groups, with reference to matters relative to the administration of the court.
(12) To make arrangements for and to attend all meetings of the judges of the court, assist the Presiding Judge in the preparation of agenda, and as Secretary of the Court, to prepare minutes of all meetings of the judges. The Executive Officer shall also attend meetings of committees of the court upon request of the committee chair or the Presiding Judge.
(13) To serve as Jury Commissioner of the Court.
(14) To prepare an annual report concerning the operation of the office during the preceding calendar year, together with recommendations to improve the administration of the court and the more expeditious disposition of its business.
(15) To employ and assign officers or attachés to perform the duties outlined in Section 26806 of the Government Code pertaining to interpreters.
(16) To exercise and perform all of the powers, duties and responsibilities of the County Clerk and Clerk of the Superior Court required or permitted by this Court to be exercised or performed by the Executive Officer in connection with judicial actions, proceedings and records under subdivision (d) of Section 69898 of the Government Code. Such powers, duties and responsibilities include:
a) To accept, process and file papers in connection with any action or proceeding before the court, including but not limited to those relating to the court's original jurisdiction, appellate jurisdiction and appeals from the court; to maintain and manage court records; to microfilm court records; to keep and dispose of papers, documents, files and exhibits inaccordance with law.
b) To maintain indexes of all court files; to keep a register of actions or its alternate.
c) To issue process and notice; to accept service on parties; to enter defaults; to transmit transcripts on change of venue.
d) To be present at each session of court and with the judge in chambers when required; to administer oaths; to keep the minutes and other records of the court.
e) To enter orders, findings, judgments and decrees; to accept confessions of judgment for filing; to authenticate records; to certify abstracts of judgment; to keep a judgment book or its equivalent.
f) To collect, receipt, deposit and account for fees for filing, for preparing or certifying copies and for other fees; to receive jury fees, bonds, undertakings, fines, forfeitures and revenues; to keep money deposited in court, including but not limited to funds received in connection with minor's compromises; to recover county costs in judicial commitment proceedings.
g) To maintain statistical and financial records; to prepare reports to the Judicial Council and other state and county offices as required by law or policy.
h) To prepare the clerk's transcript on appeal and transmit the record and exhibits to the reviewing court.
i) To receive wills of decedents.
j) To take bail and related matters as provided in the Penal Code.
k) To manage court calendars, including the calendaring of cases and hearings and the maintenance of court calendars and schedules.
l) To print and sell court forms and rules of court; to procure supplies.
m) To keep and affix the seal of the court to appropriate instruments.
n) To keep and maintain in his/her office in each district, a separate file for each civil action or proceeding pending in such district, in which he/she shall place and keep, except as otherwise provided in these rules, the original of all pleadings and other papers on file in such action or proceeding, whether filed before or after the adoption of this rule.
o) To keep in his/her office in each city in which a department of a district is or shall be established a register of actions in paper or electronic form for all civil actions and proceedings pending in the department or departments there established.
p) To enter the minutes of the proceedings of the court in minute books or in electronic form.
q) To execute documents on order of the court (see Rule 3.0(c)).
r) Subject to approval of the Presiding Judge, to appoint such deputies pursuant to Section 24101 of the Government Code as are necessary to ensure the prompt and faithful execution and discharge of the duties and responsibilities of his/her office.
(17) To negotiate contracts on behalf of the court, in accordance with established contracting procedures and all applicable laws.
(18) To perform other duties as the Presiding Judge directs.
(Rule 1.4(e) [1/1/94, 7/1/95, 1/22/2000, 7/1/01, 1/1/08] amended and effective 7/1/08.)
(f) Directives to the Executive Officer. Except as otherwise authorized by the Presiding Judge, all orders and directives of the court to the Executive Officer shall be transmitted by the Presiding Judge. All requests by the several judges or by committees ofthe court for the assistance of the Executive Officer or of his or her staff shall be directed to the Presiding Judge.
(g) Executive Officer/Clerk of the Superior Court Pro Tempore. In the temporary absence of the
Executive Officer/Clerk of the Superior Court, he or she may, with the approval of the Presiding Judge, designate one of his or her principal subordinates as Executive Officer/Clerk of the Superior Court pro tempore. In the event of a vacancy in the office or the temporary absence of the Executive Officer/Clerk of the Superior Court, without having designated a subordinate to act in his or her place, the Presiding Judge may temporarily designate an Executive Officer/Clerk of the Superior Court pro tempore, who shall have all the powers and duties of the Executive Officer/Clerk of the Superior Court.
(Rule 1.4(g) [1/1/2001] amended and effective 7/1/2001.)
(Rule 1.4 [1/1/94, 7/1/95, 1/22/2000, 7/1/01, 1/1/08] amended and effective 7/1/08.)
1.5 EXECUTIVE COMMITTEE
(a) Powers.
There shall be an Executive Committee of the judges of the court. Except as otherwise ordered by the judges or otherwise provided by law, the California Rules of Court, or the Rules of the Superior Court of California, County of Los Angeles, the Executive Committee is vested with authority to act for and on behalf of the judges with respect to any matters affecting the court as to which the judges have the power to act, other than the adoption of an amendment of these rules. In addition, except for rules contained in Chapter One, the Executive Committee at the request of the Presiding Judge may temporarily suspend any of these rules as may be necessary to permit the Presiding Judge to carry out his or her responsibilities under California Rules of Court, Rule 10.603, to deal with budgetary shortfalls, provided a formal rule change is promptly submitted to the judges for their consideration without unreasonable delay. Any temporary suspension shall remain in effect only so long as is reasonably necessary for a formal amendment to be considered and become effective.
(Rule 1.5(a) [1/1/94, 1/22/2000, 7/1/03] amended and effective 1/1/08.)
(b) Meetings.
The committee shall meet at least once each calendar month and a majority of the members of the committee shall constitute a quorum. The Presiding Judge shall act as chair. Meetings shall be open to any judge or commissioner of the court, except under unanimous vote of the members present, but a non-member of the committee may be heard only by the consent of the committee.
(Rule 1.5(b) [1/1/94] amended and effective 1/22/2000.)
(c) Minutes. Minutes of each meeting shall be kept and a copy thereof distributed to each judge of the court within 25 days after the meeting.
(d) Submission by Non-Member. Any judge, not a member of the committee, who desires the consideration of the committee on any matter, may submit such matter in writing by filing a written request with the chair not less than one day prior to the meeting of the committee.
(e) Eligibility. Only a judge
currently sitting and who will be in office on the 9th day of
the ensuing year shall be eligible to vote as a member of or be elected to the Executive Committee.
Additionally, judges will only be eligible to vote in the election for the District
to which they will be assigned on the date the successful
candidate takes office. A judge who has been an elected member
of the Executive Committee during any two of the three years
preceding the election shall not be eligible for election by
his/her District. Contingent upon a successful vote to unify
the trial courts and until January 1, 2003, all Judges of the
Superior Court will be eligible for election to the Executive
Committee, without regard to previous service as a member of
the Superior Court’s Executive Committee. The limitation on
eligibility contained in this section shall not apply to a
judge who has been elected to fill an unexpired term on the
Executive Committee of less than nine months.
(Rule 1.5(e) [1/1/94, 1/22/2000, 11/01/00] amended and effective 10/1/01.)
(f) Nomination. A judge may be nominated or self-nominated for election to the Executive Committee by completing the following form and filing it with the Presiding Judge between 12:00 noon on the first Monday in November and 12:00 noon on the third Wednesday in November. (If, when judicial assignments are announced for the forthcoming year, a nominated judge is not assigned for the forthcoming year to the district for which he or she was nominated, the nomination period for that district shall be reopened from 9:00 a.m. on the first Monday following Thanksgiving and closing at 4:00 p.m. on the second Monday following Thanksgiving, to permit one or more additional nominations to be made by completing the following form and filing it with the Presiding Judge during said one-week period.) If nominated, the nominee shall designate his or her acceptance of nomination on the form.
NOMINATION
I, the undersigned, nominate Judge _______________ for
election as
_______________ District's representative to the Executive Committee.
____________________________________
(Signature of Nominating Judge)
ACCEPTANCE OF NOMINATION/ANNOUNCEMENT FOR ELECTION
I accept nomination/announce for the
Office of _______________ District’s representative to the
Executive Committee.
____________________________________
(Candidate's Signature)
(Rule 1.5(f) newly added and effective 11/01/2000.)
(g) Membership and Representation.
(1) The Executive Committee shall be comprised of twenty-two (22) voting members.
(2) There shall be eighteen (18) members elected by the Judges of the Superior Court for a term of one (1) year.
a) One (1) member shall be elected by and from among the Judges of the Superior Court assigned to each of the eleven (11) outlying Superior Court Districts.
b) Seven (7) members shall be elected by and from among the Judges of the Superior Court assigned to the Central District.
(3) The Presiding Judge and Assistant Presiding Judge shall be voting members.
(4) Two (2) Commissioners shall be elected by the Court’s commissioners as voting members. Commissioner members shall not be permitted to vote on matters concerning Commissioners.
(Rule 1.5(g) [As Grouping of Judges 1/1/94, 7/1/99, as (f) REPEALED 1/22/2000]
Rule 1.5(f) Membership and Representation, [new title and text 1/22/2000,
moved to (g) 11/01/00, 11/8/01] (g)(4)a)b)&c) REPEALED 7/1/03.)
(h) Distribution of Ballots. On the
first Wednesday following Thanksgiving, after the announcement
of judicial assignments for the forthcoming year, the
Presiding Judge shall distribute to the members of each
District a ballot containing the names of the nominated judges
for the District. (If the nomination period is extended
pursuant to Rule 1.5 (f) the ballots shall be distributed in
the affected District(s) by the second Wednesday following
Thanksgiving.) Each District ballot shall contain in random
order, if more than one judge is nominated, the names of the
judges who have been nominated for election as Executive
Committee Representative. The order in which judges’ names
will be listed on the ballots will be determined by a random
draw of the letters of the alphabet to be conducted in the
Executive Officer’s office following the close of nominations
at 12:00 noon on the third Wednesday of November. All judges
who are eligible candidates, but did not submit a “Declaration
of Candidacy/Nomination,” will
be listed on the ballot in alphabetical order.
(Rule 1.5(h) [11/01/00] amended and effective 10/1/01.)
(i) Voting by Judges.
(1) Each judge, in a District other than Central, eligible
to vote shall place a mark opposite the name of his/her
choice, place the ballot in a blank envelope, place this
envelope in a second envelope, sign his/her name on the outer
envelope and send it to the judge having the greatest
seniority on the court, in care of the Presiding Judge’s
Office, so that it shall be received not later than 12:00
o'clock noon on the second Wednesday following Thanksgiving.
(Rule 1.5(i) (1) amended and effective 10/1/01.)
(2) Each judge in the Central District, eligible to vote
shall place a mark opposite the name of up to seven (7) of
his/her choices, place the ballot in a blank envelope, place
this envelope in a second envelope, sign his/her name on the
outer envelope and send it to the judge having the greatest
seniority on the court, in care of the Presiding Judge’s
Office, so that it shall be received not later than 12:00
o'clock noon on the second Wednesday following Thanksgiving.
(Rule 1.5(i)(2) amended and effective 10/1/01.)
(3) If the nomination period is extended pursuant to Rule
1.5(f), voted ballots from the affected District(s) shall
reach the judge having the greatest seniority on the court, in
care of the Presiding Judge’s Office, not later than 12:00
o’clock noon on the third Wednesday following Thanksgiving.
(Rule 1.5(i)(3) amended and effective 10/1/01.)
(Rule 1.5(g) Voting by Judges [1/1/94, 1/22/2000, moved to
(i) 11/01/00] amended and effective 10/1/01.)
(j) Canvass of Judges' Ballots.
A committee of three judges available who have the greatest seniority on the court shall meet at 12:00 o'clock noon on the second Wednesday following Thanksgiving, remove all blank envelopes from the outer envelopes, remove all ballots from the blank envelopes and tabulate the ballots of each District. (If the nomination period is extended pursuant to Rule 1.5(f), the tabulation of the ballots from the affected District(s) shall occur at 12:00 o'clock noon on the third Wednesday following Thanksgiving.)
(Rule 1.5(h) Canvass of Judges' Ballots [1/1/94, 1/22/2000] moved to (j), amended and effective 11/01/2000.)
(k) Majority Vote.
Any judge who receives a majority of the votes cast by a District shall be elected the representative of that District on the Executive Committee.
(Rule 1.5(i) Majority Vote [1/1/94, 1/22/2000] moved to (k) and effective 11/01/2000.)
(l) Failure to Elect.
(1)If any District other than the Central shall fail to elect a representative, the canvassing committee shall give the Presiding Judge the names of the judges who received the highest number of votes from the District, as well as the names of all judges who received the second highest number of votes. Also, in case of a tie vote in a two-person contest, the committee shall give the Presiding Judge the names of the judges who received the tie vote.
(2) If fewer than seven (7) Central
District representative candidates receive a majority of
the votes cast, the canvassing committee shall give the
Presiding Judge the names of the judges who were not
elected but who otherwise received the highest number of
votes such that there are twice as many names as there are
unfilled representative positions. Also, included on the
list shall be each judge receiving the lowest number of
votes qualifying him or her to be named on the list
submitted.
(Rule 1.5(j) Failure to Elect [1/1/94, 7/1/94, 1/22/2000] moved to (l), amended and effective 11/01/2000.)
(m) Second Ballot. On or before the third Monday following
Thanksgiving, the Presiding Judge shall distribute to the
members of each District with representative positions
remaining unfilled a second ballot containing only the names
of the judges who are on the list of remaining candidates
for unfilled positions in the District(s) as determined
pursuant to Section 1.5(l). (If the nomination period is
extended pursuant to Rule 1.5(f), any necessary second
ballot in the affected District(s) will be distributed by
the fourth Tuesday following Thanksgiving.) The judges of
the District(s) eligible to vote shall mark and transmit
their ballots to the judge having the greatest seniority on
the court, in care of the Presiding Judge’s Office, on or
before 12:00 o'clock noon on the fourth Monday following
Thanksgiving, at which time the three judges available who
have the greatest seniority on the court shall canvass the
vote. (If the nomination period is extended pursuant to Rule
1.5(f), the canvass of the second vote for the affected
District(s) will be conducted on the first Thursday
following the first Saturday of the New Year.) The number of
judges equal to the number of unfilled positions in the
District(s) receiving the highest number of votes shall be
deemed elected and in case of a tie vote, the judge having
the greatest seniority shall be deemed elected.
(Rule 1.5(k) Second Ballot [1/1/94, 7/1/94, 1/22/2000,
moved to (m) 11/01/00] amended and effective 10/1/01.)
(n) Vacancies.
A vacancy on the Executive Committee shall occur if a member is assigned to another department outside the boundaries of the District he or she was elected to represent. Other causes of vacancies include but are not limited to extended illness, leave or assignment to another court.
A vacancy on the Executive Committee will be filled by a vote of the District from which the member was originally elected. Such election must be held and completed within forty (40) days after the vacancy occurs. The voting shall conform to the procedures set forth in this Section except that (1) the Presiding Judge shall distribute the ballots to the members of the District within ten (10) days following the vacancy; (2) the marked ballots shall reach the senior judge before the twentieth day; (3) in the event no judge shall receive a majority vote, a second ballot shall be distributed before the thirtieth day, and within ten (10) days thereafter the marked ballots shall be sent to the senior judge at which time the three senior judges available shall canvass the vote and certify to the Presiding Judge the name of the judge duly elected.
(Rule 1.5(l) Vacancies [1/1/94, 1/22/2000] moved to (n), amended and effective 11/01/2000.)
(o) Ex officio members.
The Presiding Judge of the Juvenile Court, the Supervising Judge of the Criminal Division, the Supervising Judge of the Civil Division, the Supervising Judge of the Traffic Division, the Supervising Judge of the Family Law Departments, and the Chair of the Personnel and Budget Committee shall be ex officio members of the Executive Committee. Ex officio members may vote only when serving as chair of the committee, and then only when a vote is required to break ties. (Ref. Rule 1.5(b).)
(Rule 1.5(o) Ex officio members [1/1/94, 1/22/2000, moved from (m) to (o) and eff. 11/01/00, 4/4/2001] amended and effective 1/1/2003.)
(p) Commissioner members.
Two (2) Commissioners of this Court shall be entitled to membership upon the Executive Committee. Such members are to be elected at-large to one (1) year terms by the Commissioners of this Court in such manner and by such procedures as they may decide, subject (during the period ending on December 31, 2002) to the provisions of subsections (g)(4)(a) and (g)(4)(b) of this Rule 1.5. The names of the Commissioner members elected for the following calendar year shall be set forth in a notice signed by three Commissioners of this Court, which notice shall be delivered to the Presiding Judge between the last Monday in November and the first Wednesday in December of each year.
(Rule 1.5(n) Commissioner Members [1/1/94, 1/22/2000] moved to (p) and effective 11/01/2000.)
Rule 1.5 [1/1/94, 7/1/94, 7/1/99, 1/22/2000, 7/1/2000, 11/01/00,
4/4/01, 10/1/01, 11/8/01, 1/1/03] amended and effective 7/1/03.)
(q) Cumulative Voting Not
Permitted. Cumulative Voting shall not be
permitted for election of Executive Committee members.
(Rule 1.5(o) Cumulative Voting Not Permitted [7/1/2000]
moved to (q) and effective 11/01/00.)
Rule 1.5 [1/1/94, 1/1/94, 7/1/99, 1/22/2000, 7/1/2000, 11/01/00,
4/4/01, 10/1/01, 11/8/01, 1/1/03, 7/1/03] amended and effective 1/1/08.)
1.6 STANDING COMMITTEES
At the beginning of each year the Presiding Judge shall appoint the following standing committees, each to consist of not less than five judges:
Committee on Bench and Bar,
Committee on Civil & Small Claims,
Committee on Criminal Court Matters,
Committee on Education,
Committee on Family Law,
Committee on Grand Jurors,
Committee on Informal Complaints Concerning Bench Officers,
Committee on Judges' Retirement Benefits,
Committee on Juvenile Departments,
Committee on Legislation,
Committee on Mental Health,
Committee on Personnel and Budget,
Committee on Probate Departments,
Committee on Rules,
Committee on Trial Jurors.
(Rule 1.6 [1/1/94, 7/1/2001] amended and effective 7/1/08.)
1.7 COURT COMMISSIONERS
(a) Eligibility. An applicant for appointment as a court commissioner must have beenadmitted to practice before the Supreme Court of California for at least ten years.
(Rule 1.7(a) amended and effective 4/4/2001.)
(b) Application Form. The Committee on Personnel and Budget shall prescribe, from time to time, the form of written application for appointment as a court commissioner.
(c) Selection Process. The Presiding Judge shall appoint a committee of ten judges to review the application of each applicant. The committee shall designate which applicants it finds to be qualified and shall rank them in the order of preference.
(Rule 1.7(c) [1/1/95] amended and effective 7/1/03.)
(d) Vacancy. When the Presiding Judge determines that a vacancy is to be filled in the office of court commissioner, he/she shall designate the date by which all judges must cast their votes. Not less than ten days prior thereto, a copy of the application of each approved applicant, the order in which the applicants have been ranked, and a ballot containing the names of all approved applicants shall be delivered to each judge of the court.
(e) Optional Procedure. After distribution of the copies of the applications and prior to the last day for casting ballots, the Presiding Judge may call a special meeting of the judges at which the approved applicants are introduced.
(f) Voting. Each judge voting to fill a vacancy in the office of court commissioner shall cause his/her secret ballot to be delivered to the chair of the Committee on Personnel and Budget not later than 4:00 p.m. on the date theretofore designated by the Presiding Judge. The Committee on Personnel and Budget privately shall canvass the ballots cast and certify to the Presiding Judge the name of the applicant or applicants, not exceeding the number of vacancies to be filled, who received the highest votes.
If two candidates receive the same number of votes, the candidate with the highest ranking, established by the Selection Committee, shall be appointed to the Court Commissioner position.
(Rule 1.7(f) [1/1/94, 7/1/2001] amended and effective 7/1/03.)
(g) Removal from the List. The Personnel and Budget Committee may remove a candidate's name from the certification list for "Good Cause" and he/she will not be eligible for appointment. (Rule 1.7(g) Removal from the List new and effective 7/1/03.)
(h) Order of Appointment. The Presiding Judge shall cause a written order to be made appointing each applicant so certified to be a court commissioner.
(Rule 1.7(h) [as (g) 1/1/94] renumbered and effective 7/1/03.)
(i) Expiration of List. Whenever the list of approved applicants shall consist of less than three names, or the Executive Committee or a majority of all the judges of the court shall so order, the list of approved applicants shall expire and a call for applicants shall be made.
(Rule 1.7(i) [as (h) 1/1/94] renumbered and effective 7/1/03.)
(j) Bail Setting Duty. Each commissioner, in rotation, shall serve in setting bail both during and after court hours and on Saturdays, Sundays and legal holidays. No compensatory pay or time shall be afforded for such services. Such service may be concurrent with TRO/EPO service.
(Rule 1.7(j) [as (i) 1/1/94, renumbered 7/1/03] amended and effective 1/1/04.)
(k) Temporary Telephonic Restraining Orders/Emergency Protective Orders. Each commissioner, in rotation, shall serve in hearing requests for temporary telephonic restraining orders and emergency protective orders after court hours and on Saturdays, Sundays and legal holidays and during court hours when the judicial officer assigned to such duty is unavailable. The commissioner shall not be required to attend to his or her regular duties on days assigned to this service. No compensatory pay or time shall be afforded for such service.
(Rule 1.7(k) [as (j) 1/1/94, renumbered 7/1/03] amended and effective 1/1/04.)
(l) Vacation and Sick Leave.
(1) Vacation. Commissioners shall be treated as county employees with an "L" rating for purposes of participating in county employee benefits. Commissioners shall be entitled to vacation and personal leave pursuant to California Rules of Court, rule 10.603.
(Rule 1.7(l)(1) [as subdivision (k)(l) 7/1/97, 1/1/04] amended and effective 1/1/08.)
(2) Sick Leave.
a) In the event a Commissioner is absent due to reasons of disability for a period of 21 court days in any calendar year, the Supervising Judge shall report such information to the Presiding Judge of Superior Court. The Presiding Judge shall notify the Personnel and Budget Committee.
b) In the event a Commissioner's absence due to reasons of disability exceeds 42 court days, the Personnel and Budget Committee may:
i) Require, after 42 consecutive court days, that a Commissioner who is absent due to reasons of disability shall apply for Short Term Disability benefits. Upon approval and commencement of Short Term Disability benefits, the Commissioner will be placed on Short Term Disability status; and/or
ii) Recommend, if a Commissioner is deemed to be permanently disabled due to a non-service connected disability, that the Commissioner apply or that an application for disability retirement, if applicable, be initiated on behalf of said commissioner, based upon the gravity of the issues in question; or
iii) Continue to monitor the Commissioner's absence for verified reasons of disability.
c) Following 63 court days of continued absence due to reasons of disability, the Personnel and Budget Committee shall review the medical reports provided to the Court by the Commissioner and/or his/her representative. The Personnel and Budget Committee shall recommend one of the following actions to the Executive Committee.
i) Determine that the Commissioner shall remain in full employment for a set period of time, at which point his/her situation will be reviewed if s/he is still not able to return to work;
ii) If there is a doctor's statement confirming that the Commissioner is considered to be permanently disabled, request that the Commissioner apply for Long-Term Disability benefits and/or Disability Retirement, if applicable;
iii) If there is a doctor's statement confirming that the Commissioner is considered to be permanently disabled, submit, on behalf of the Commissioner, an Application for Disability Retirement, if applicable, pursuant to Government Code section 31721;
iv) Grant, upon request of the Commissioner, a leave of absence without compensation pending further review not to exceed an additional 63 court-day period;
v) At any time after 63 court days of continued absence due to reasons of disability, require the Commissioner to submit to an independent medical examination.
(Rule 1.7(l)(2) [as (k)(2) 1/1/94] amended and effective 7/1/97.)
(Rule 1.7(l) [as (k) 1/1/94, 7/1/97, renumbered 7/1/03, 1/1/04] amended and effective 1/1/08.)
(m) Employment Status. Commissioners serve the court as at-will employees. Pursuant to California Government Code section 71622, "subordinate judicial officers shall serve at the pleasure of the trial court."
(Rule 1.7(m) [as (l) Disciplinary Proceedings 1/1/94, re-titled 7/1/97] renumbered, amended and effective 7/1/03.)
(n) Ninety Days to Determine Matters.
(1) It is the duty of a commissioner of this court to determine promptly all matters pending before him/her and in all cases to do so within 90 days after a matter has been submitted for decision.
(2) Each Subordinate Judicial Officer shall monthly make and subscribe an affidavit stating that no cause before him or her remains pending and undetermined for 90 days after it has been submitted for ruling or decision.
(3) Any Subordinate Judicial Officer who fails to comply with any provision of this subsection shall be reported to the Presiding Judge who shall take appropriate action including, but not limited to, suspension of salary or any other appropriate disciplinary action.
(Rule 1.7(n) [as (m) 1/1/94, 7/1/03] renumbered and effective 7/1/08.]
(o) Complaints Re Commissioners. Complaints regarding Commissioners are to be processed pursuant to Section 16 of the Standards of Judicial Administration.
(Rule 1.7(o) [as (n) added 7/1/97] renumbered and effective 7/1/03.)
(p) Procedures for Suspension or Removal. Suspension or termination of services of a Commissioner shall be initiated by the Presiding Judge and carried out in accordance with the following procedures:
The Presiding Judge may:
Suspend a Commissioner with or without pay and shall advise the Commissioner of the reason(s) therefor in writing; or
Place the Commissioner on administrative leave for up to 15 court days pending further review; or
Terminate the services of the Commissioner.
(Rule 1.7(p) [as (o) added 7/1/97] renumbered and effective 7/1/03.)
(Rule 1.7 [1/1/94, 1/1/95, 7/1/97, 4/4/01, 7/1/01,
subdivisions renumbered & amended 7/1/03, 1/1/04, 1/1/08] amended and effective 7/1/08.)
1.8 ARBITRATION PANELS
The arbitration panels maintained by this Court pursuant to California Rules of Court, rule 3.813, shall be made available for judicial arbitration of limited jurisdiction cases.
(Rule 1.8 [1/1/94, 1/22/00] amended and effective 1/1/08.)
1.9 MEETING OF JUDGES
Meetings of the judges other than for the removal of a Presiding Judge shall be held at the call of the Presiding Judge and he/she shall call a meeting of the judges at the written request of twenty judges. The time and place of all such meetings shall be designated by the Presiding Judge who shall cause notice thereof to be given each judge either by mailing a notice to the judge or by leaving it at the judge's courtroom. Except for a meeting called to elect or to remove a Presiding Judge, such notice of the meeting must be given at least three days before the day of the meeting. Notice of the meeting of the judges for any purpose is waived by a judge who attends the meeting. A majority of all the judges of the court shall constitute a quorum at any meeting of judges.
(Rule 1.9 [1/1/94] amended and effective 7/1/2000.)
1.10 APPLICATION OF AND AMENDMENT TO OR REPEAL OF RULES
The Court Rules are applicable to all District Courts and Departments in the Superior Court of
California, County of Los Angeles, and are to be applied uniformly by all judges.
The rules may be amended or repealed, and new rules may be added, by written order signed by a
majority of the judges or by majority vote of the judges of this court who are present at a duly
called meeting of the judges, provided that written notice of the exact wording as proposed, of the
proposed amendment, addition or repeal be given to all the judges of this court at least seven (7)
days prior to such meeting. This rule shall be liberally construed to permit adoption of amendments
to the rules even where the amendments may be in nonmaterial respects at variance with those proposed,
provided that those adopted relate to those noticed. However, any rules adopted to implement terms and conditions agreed to prior to a vote to unify the Superior Court and the Municipal Courts can only be amended or repealed by an affirmative vote of two-thirds (2/3) of the Judges of the unified Superior Court eligible to vote.
(Rule 1.10 [1/1/94] amended and effective 1/22/2000.)
1.11 ADVERTISING IN COURTROOMS
No calendar or other printed or written matter containing advertising shall be displayed in any courtroom, except that non-profit organizations' continuing legal education announcements may be displayed upon approval of the judge.
(Rule 1.11 effective 1/1/94.)
1.12 BENEFITS
In accordance with Government Code section 69894.3 all County of Los Angeles benefits extended
to employees and local officers by local ordinance are applicable to Superior Court of California,
County of Los Angeles, personnel, jurors and judges.
(Rule 1.12 [7/1/96] amended and effective 1/22/2000.)
1.13 SENIORITY
Judges’ seniority shall be determined based on a Judge of the Superior Court’s original oath date as a Judge of the Superior Court in Los Angeles County. In the case of those Municipal Court Judges who became Judges of the Superior Court as a result of unification of the municipal and superior courts, their seniority shall be based on the date of unification and amongst themselves their relative seniority shall be based on the date of their oath of office as a municipal court judge in the County of Los Angeles, without regard to judicial district.
(Rule 1.13 newly added and effective 1/22/2000.)
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