Rule 10.1014. Oversight of administrative presiding justices and presiding justices

(a) Purpose Administrative presiding justices and presiding justices are accountable for the efficient, effective, and proper administration of the Courts of Appeal and each division of the Courts of Appeal. This rule is intended to advance that objective.

(b) Contention procedure

(1) Any person who contends that an administrative presiding justice or presiding justice has not properly addressed or managed an important matter related to the administration of a Court of Appeal or a division of a Court of Appeal may submit that contention to the administrative presiding justices collectively for their review, subject to (c)(1).

(2) Any administrative presiding justice or presiding justice who is the subject of a contention under this paragraph must cooperate with the administrative presiding justices responsible for reviewing that contention.

(3) Any administrative presiding justice who is the subject of a contention under this paragraph is recused from reviewing the contention.

(4) Following receipt and review of a contention, the administrative presiding justices collectively may take appropriate remedial or other lawful action to address the contention.

(5) Information on how to submit a contention will be posted on the judicial branch website.

(c) Presiding justices in districts with more than one division

(1) Before a person submits a contention under (b)(1) about a presiding justice of a district with more than one division, including the presiding justice of a geographically separate division, that person must first submit the contention to the administrative presiding justice of the district in which the division is located to provide an opportunity for the contention to be addressed by that administrative presiding justice.

(2) Presiding justices in districts with more than one division, including the presiding justice of a geographically separate division, must cooperate with the administrative presiding justice of the district in which the division is located when the administrative presiding justice is carrying out oversight responsibilities under this rule.

(d) Confidentiality All procedures under this rule must be conducted in a manner that is as confidential as is reasonably possible, consistent with the need to conduct a thorough and complete investigation, the need for proper administration of the court, and resolution of the contention.

(1) This subdivision does not prohibit the person who submitted the contention or the justice who is the subject of the contention from making statements regarding the conduct underlying the contention.

(2) This subdivision does not preclude administrative presiding justices from communicating with the person who submitted the contention or the justice who is the subject of the contention about the conduct underlying the contention or the investigation, conclusion, or resolution of the contention.

(3) This subdivision does not preclude presiding justices from providing a notice to the Commission on Judicial Performance or forwarding to the commission any requested information.

(4) This subdivision does not preclude administrative presiding justices from making public, when appropriate, the conclusion or resolution of the contention.