Rule 10.75. Meetings of advisory bodies

(a) Intent The Judicial Council intends by this rule to supplement and expand on existing rules and procedures providing public access to the council and its advisory bodies. Existing rules and procedures provide for circulation of advisory body proposals regarding rules, forms, standards, and jury instructions for public comment, posting of written reports for the council on the California Courts website (www.courts.ca.gov), public attendance and comment during council meetings, real time audio casts of council meetings, and public posting of council meeting minutes. This rule expands public access to advisory body meetings.

(b) Advisory bodies and chairs

(1) “Advisory bodies,” as used in this rule, means any multimember body created by the Judicial Council to review issues and report to the council. For purposes of this rule, subcommittees that are composed of less than a majority of the members of the advisory body are not advisory bodies. However, standing subcommittees that are charged with addressing a topic as a continuing matter are advisory bodies for purposes of this rule irrespective of their composition.

(2) “Chair,” as used in this rule, includes a chair’s designee.

(c) Open meetings

(1) Meetings

(2) Exempt bodies

(A) Advisory Committee on Civil Jury Instructions;

(B) Advisory Committee on Criminal Jury Instructions; and

(C) Litigation Management Committee.

(3) Rule committees

(A) Appellate Advisory Committee;

(B) Civil and Small Claims Advisory Committee;

(C) Criminal Law Advisory Committee;

(D) Family and Juvenile Law Advisory Committee;

(E) Probate and Mental Health Advisory Committee; and

(F) Traffic Advisory Committee.

(d) Closed sessions The chair of an advisory body or an advisory body subcommittee may close a meeting, or portion of a meeting, to discuss any of the following:

(1) The appointment, qualifications, performance, or health of an individual, or other information that, if discussed in public, would constitute an unwarranted invasion of personal privacy;

(2) Claims, administrative claims, agency investigations, or pending or reasonably anticipated litigation naming, or reasonably anticipated to name, a judicial branch entity or a member, officer, or employee of such an entity;

(3) Negotiations concerning a contract, a labor issue, or legislation;

(4) The price and terms of payment for the purchase, sale, exchange, or lease of real property for a judicial branch facility before the property has been acquired or the relevant contracts have been executed;

(5) Security plans or procedures or other matters that if discussed in public would compromise the safety of the public or of judicial branch officers or personnel or the security of judicial branch facilities or equipment, including electronic data;

(6) Non-final audit reports or proposed responses to such reports;

(7) Trade secrets or privileged or confidential commercial and financial information;

(8) Development, modification, or approval of any licensing or other professional examination or examination procedure;

(9) Evaluation of individual grant applications; or

(10) Topics that judicial officers may not discuss in public without risking a violation of the California Code of Judicial Ethics, necessitating recusal, or encouraging disqualification motions or peremptory challenges against them, including proposed legislation, rules, forms, standards of judicial administration, or jury instructions.

(e) Notice of meetings

(1) Regular meetings

(2) Urgent circumstances

(f) Form of notice

(1) The notice and agenda for a meeting subject to this rule, whether open or closed, must be posted on the California Courts website.

(2) The notice for meetings subject to this rule must state whether the meeting is open or closed. If a meeting is closed or partially closed, the notice must identify the closed agenda items and the specific subdivision of this rule authorizing the closure.

(3) For meetings that are open in part or in full, the notice must provide:

(A) The telephone number or other electronic means that a member of the public may use to attend the meeting;

(B) The time of the meeting, whether the public may attend in person, and, if so, the meeting location; and

(C) The e-mail address or other electronic means that the public may use to submit written comments regarding agenda items or requests to make an audio recording of a meeting.

(g) Contents of agenda The agenda for a meeting subject to this rule, whether open or closed, must contain a brief description of each item to be considered during the meeting. If a meeting is closed or partially closed, the agenda must identify the specific subdivision of this rule authorizing the closure.

(h) Meeting materials Materials for an open meeting must be posted on the California Courts website at least three business days before the date of the meeting, except in extraordinary circumstances.

(i) Public attendance The public may attend open sessions of advisory body meetings by telephone or other available electronic means. If the members of an advisory body gather in person at a single location for a meeting, the public may attend in person at that location if the chair concludes security measures permit.

(j) Conduct at meeting Members of the public who attend open meetings in person must remain orderly. The chair may order the removal of any disorderly person.

(k) Public comment

(1) Written comment

(2) In-person comment

(3) Reasonable limits and timing

(l) Making an audio recording of a meeting An advisory body chair may permit a member of the public to make an audio recording of an open meeting, or the open portion of a meeting, if a written request is submitted at least two business days before the meeting.

(m) Minutes as official records Minutes of each meeting subject to this rule, whether open or closed, must be prepared for approval at a future meeting. When approved by the advisory body, the minutes constitute the official record of the meeting. Approved minutes for the open portion of a meeting must be posted on the California Courts website.

(n) Adjourned meetings An advisory body chair may adjourn a meeting to reconvene at a specified time without issuing a new notice under (e)(1), provided that, if open agenda items remain for discussion, notice of the adjourned meeting is posted on the California Courts website 24 hours before the meeting reconvenes. The notice must identify any remaining open agenda items to be discussed, the time that the meeting will reconvene, the telephone number that the public may use to attend the meeting, and if the public may attend the reconvened meeting in person, the location. The advisory body may not consider new agenda items when the meeting reconvenes except as permitted under (e)(2).

(o) Action by e-mail between meetings An advisory body may take action by e-mail between meetings in circumstances specified in this subdivision.

(1) Circumstances

(A) The advisory body discussed and considered the proposal at a previous meeting but concluded additional information was needed; or

(B) The chair concludes that prompt action is needed.

(2) Notice

(3) Communications

(4) Official record

(p) Review requirement The Judicial Council will review the impact of this rule within one year of the rule’s adoption and periodically thereafter to determine whether amendments are needed. In conducting its review, the council will consider, among other factors, the public interest in access to meetings of the council’s advisory bodies, the obligation of the judiciary to comply with judicial ethics standards, and the public interest in the ability of advisory bodies to effectively assist the Judicial Council by offering policy recommendations and alternatives for improving the administration of justice.