Rule 10.1. Authority, duties, and goals of the Judicial Council 1 2 (

a) The Judicial Council 3 4 (1)–(2) * * * 5 6

(3) The Judicial Council Governance Policies are located in Appendix D of these 7 rules of court. The policies describe the council’s: 8 9 (A)–(F) * * * 10 11 (

G) Relationship with the Administrative Director of the Courts and with 12 the Administrative Office of the Courts the Judicial Council staff 13 agency that he or she directs; and 14 15 (H) * * * 16 17 (Subd (

a) amended effective July 29, 2014; previously amended effective January 1, 2007, 18 and August 14, 2009.) 19 20 (b)–(c) * * * 21 22 (

d) The Administrative Office of the Courts Judicial Council staff 23 24 The Administrative Office of the Courts Judicial Council staff supports the council 25 in performing its functions. The Administrative Director is the Secretary of the 26 Judicial Council. 27 28 (Subd (

d) amended effective July 29, 2014; adopted as subd (e); previously amended 29 effective January 1, 2007; previously relettered as subd (

d) effective August 14, 2009.) 30 31 Rule 10.1 amended effective July 29, 2014; adopted as rule 6.1 effective January 1, 1999; 32 previously amended and renumbered effective January 1, 2007; previously amended effective 33 August 14, 2009. 34 35

Chapter 4. Administrative Office of the CourtsJudicial Council staff 36 37 Rule 10.80. Administrative Director of the Courts (Administrative Director) 38 39 (

a) Functions 40 41 The Administrative Director of the Courts, appointed by the Judicial Council under 42

article VI,

section 6 of the Constitution, performs those functions prescribed by the 43

Constitution and laws of the state, or delegated to the director by the Judicial 1 Council or the Chief Justice. 2 3 (Subd (

a) amended effective July 29, 2014; adopted as unlettered subd effective January 1, 4 1999; previously lettered subd (

a) and amended effective August 14, 2009.) 5 6 (

b) Accountability 7 8 The Administrative Director is accountable to the council and the Chief Justice for 9 the performance of the Administrative Office of the Courts Judicial Council staff. 10 The Administrative Director’s charge is to accomplish the council’s goals and 11 priorities. 12 13 (Subd (

b) amended effective July 29, 2014; adopted effective August 14, 2009.) 14 15 (c) * * * 16 17 (

d) Responsibilities 18 19 In carrying out these duties, the Administrative Director is responsible for 20 allocating the financial and other resources of the Administrative Office of the 21 Courts relating to the Judicial Council staff (including, for example, funding the 22 operation of advisory bodies and other activities) to achieve the branch goals and 23 policies adopted by the Judicial Council of California. 24 25 (Subd (

d) amended effective July 29, 2014; adopted effective August 14, 2009.) 26 27 (e) * * * 28 29 Rule 10.80 amended effective August 14, 2009; adopted as rule 6.80 effective January 1, 1999; 30 previously amended and renumbered effective January 1, 2007. 31 32 Rule 10.81. Administrative Office of the Courts Judicial Council staff 33 34 (

a) Establishment 35 36 The Administrative Director of the Courts, under the supervision of the Chief 37 Justice, employs, organizes, and directs a staff agency, known as the 38 Administrative Office of the Courts that assists the council and its chair in carrying 39 out their duties under the Constitution and laws of the state. 40 41 (Subd (

a) amended effective July 29, 2014; previously amended effective January 1, 2007, 42 and August 14, 2009.) 43

1 (

b) Duties References to “Administrative Office of the Courts” 2 3 The Administrative Office of the Courts assists the council and its chair in carrying 4 out their duties under the Constitution and laws of the state. The Judicial Council in 5 the past referred to its staff as the “Administrative Office of the Courts”. The 6 following applies where the term “Administrative Office of the Courts” is used: 7 8

(1) Rules of Court 9 10 Throughout these rules of court and in all Judicial Council forms, all 11 references to “Administrative Office of the Courts” or “AOC” are deemed to 12 refer to the Judicial Council, the Administrative Director, or the Judicial 13 Council staff, as appropriate. 14 15

(2) Other Judicial Council materials and actions 16 17 All references to “Administrative Office of the Courts” or “AOC” in any 18 policy, procedure, manual, guideline, publication, or other material issued by 19 the Judicial Council or its staff are deemed to refer to the Judicial Council, 20 the Administrative Director, or the Judicial Council staff, as appropriate. 21 Judicial Council staff will continue to be responsible for any active 22 delegations or directives the Judicial Council made to the Administrative 23 Office of the Court. 24 25

(3) Statutes 26 27 The Judicial Council, its staff, or the Administrative Director, as appropriate, 28 will continue to perform all functions, duties, responsibilities, and other 29 obligations imposed by statute or regulation on the Administrative Office of the 30 Courts. 31 32

(4) Agreements and proceedings 33 34 The Judicial Council will continue to perform all duties, responsibilities, 35 functions, or other obligations, and bear all liabilities, and exercise all rights, 36 powers, authorities, benefits, and other privileges attributed to the 37 “Administrative Office of the Courts” or “AOC” arising from contracts, 38 memorandums of understanding, or other legal agreements, documents, 39 proceedings, or transactions. The Judicial Council may be substituted for the 40 “Administrative Office of the Courts” or “AOC” wherever necessary, with no 41 prejudice to the substantive rights of any party. 42 43

(Subd (

b) amended effective July 29, 2014; previously amended effective January 1, 2007.) 1 2 Rule 10.81 amended effective July 29, 2014; adopted as rule 6.81 effective January 1, 1999; 3 previously amended and renumbered effective January 1, 2007; previously amended effective 4 August 14, 2009. 5 6 Advisory Committee Comment 7 8 The Judicial Council in 1961 adopted a resolution that named its staff the “Administrative Office 9 of the California Courts.” In 1970, the council adopted a rule of court that renamed its staff the 10 “Administrative Office of the Courts.” 11 12 In recent years, the council became aware of recurring confusion about the relationship between 13 the Administrative Office of the Courts and the Judicial Council.

There was a common 14 misperception that the Administrative Office of the Courts was a separate entity from the council 15 having independent policymaking authority, when in fact, the members of the Judicial Council set 16 policy, and staff, by whatever name, support the work of the council under the members’ 17 direction and oversight.

The confusion about the role of the Administrative Office of the Courts 18 impeded the council’s ability to advance the interests of the judicial branch. 19 20 To allow the council to better achieve its mission, it decided in 2014 to retire the name 21 “Administrative Office of the Courts.” This adjustment underscored the unity of identity of the 22 Judicial Council and its staff, and clarified that there has always been only a single entity.

The 23 retirement conformed the Judicial Council’s practice with that of other state government entities, 24 which do not assign a separate name to their staffs. 25 26 The 2014 amendments to this rule are intended to implement the retirement of the name 27 “Administrative Office of the Courts” and clarify that in retiring the name no substantive legal 28 change has occurred. The Judicial Council and its staff will continue to discharge any legal 29 obligations and duties they may have, regardless of the discontinuance of the use of the name 30 “Administrative Office of the Courts.” 31