Rule 10.57. Judicial Service Advisory Committee 1 2 (

a) Area of focus 3 4 The committee makes recommendations for improving judicial service, retention, 5 and compensation. 6 7 (

b) Additional duties 8 9 In addition to the duties described in rule 10.34, the committee must identify and 10 evaluate best current national and local practices and develop or recommend 11 necessary training related to the following issues: 12 13

(1) A “cafeteria plan” of benefits; wellness subsidies; professional development 14 allowances; personal leave; and supplemental life, disability, or liability 15 insurance; 16 17

(2) Health-care benefits, including services and programs; 18 19

(3) Compensation and retirement, including recommendations for 401(

k) and 20 other deferred compensation programs and the most appropriate mechanism 21 for setting judicial salaries; 22 23

(4) Resources and programs for quality of judicial life, particularly those dealing 24 with health, stress, and relationships; 25 26

(5) Mentorship programs; and 27 28

(6) Special needs and programs for new and retired judges. 29 30 (

c) Membership 31 32 The committee must include at least one member from each of the following 33 categories: 34 35

(1) Appellate court justice; 36 37

(2) Retired jurist; 38 39

(3) Superior court judge from a court with 15 or more judges; 40 41

(4) Superior court judge from a court with 5 to 14 judges; 42 43

(5) Superior court judge from a court with 4 or fewer judges; 1 2

(6) Superior court executive officer from a court with 15 or more judges; 3 4

(7) Superior court executive officer from a court with 14 or fewer judges; 5 6

(8) Member of the Administrative Presiding Justices Advisory Committee; and 7 8

(9) Member of the Trial Court Presiding Judges Advisory Committee. 9 10 Rule 10.57 repealed effective October 25, 2013; adopted as rule 6.57 effective January 1, 2003; 11 previously amended and renumbered effective January 1, 2007. 12 13 Rule 10.60. Tribal Court–State Court Forum 14 15 (

a) Area of focus 16 17 The forum makes recommendations to the council for improving the administration 18 of justice in all proceedings in which the authority to exercise jurisdiction by the 19 state judicial branch and the tribal justice systems overlaps. 20 21 (

b) Additional duties 22 23 In addition to the duties described in rule 10.34, the forum must: 24 25

(1) Identify issues of mutual importance to tribal and state justice systems, 26 including those concerning the working relationship between tribal and state 27 courts in California; 28 29

(2) Make recommendations relating to the recognition and enforcement of court 30 orders that cross jurisdictional lines, the determination of jurisdiction for 31 cases that might appear in either court system, and the sharing of services 32 between jurisdictions; 33 34

(3) Identify, develop, and share with tribal and state courts local rules of court, 35 protocols, standing orders, and other agreements that promote tribal court– 36 state court coordination and cooperation, the use of concurrent jurisdiction, 37 and the transfer of cases between jurisdictions; 38 39

(4) Recommend appropriate activities needed to support local tribal court–state 40 court collaborations; and 41 42

(5) Make proposals to the Governing Committee of the Center for Judicial 1 Education and Research on educational publications and programming for 2 judges and judicial support staff. 3 4 (

c) Membership 5 6 The forum must include the following members: 7 8

(1) Tribal court judges or justices selected by tribes in California, as described in 9 (d), but no more than one tribal court judge or justice from each tribe; 10 11

(2) At least three trial court judges from counties in which a tribal court is 12 located; 13 14

(3) At least one appellate justice of the California Courts of Appeal; 15 16

(4) At least one member from each of the following committees: the Access and 17 Fairness Advisory Committee, Civil and Small Claims Advisory Committee, 18 Criminal Law Advisory Committee, Family and Juvenile Law Advisory 19 Committee, Governing Committee of the Center for Judicial Education and 20 Research, Probate and Mental Health Advisory Committee, and Traffic 21 Advisory Committee; and 22 23

(5) As ex officio members, the Director of the California Attorney General’s 24 Office of Native American Affairs and the Governor’s Tribal Advisor. 25 26 The composition of the forum must have an equal or a close-to-equal number of 27 judges or justices from tribal courts and state courts. 28 29 (

d) Member Selection 30 31

(1) The Chief Justice appoints all forum members, except tribal court judges and 32 tribal court justices, who are appointed as described in (2). 33 34

(2) For each tribe in California with a tribal court, the tribal leadership will 35 appoint the tribal court judge or justice member to the forum consistent with 36 the following selection and appointment process. 37 38 (

A) The forum cochairs will notify the tribal leadership of a vacancy for a 39 tribal court judge or justice and request that they submit names of tribal 40 court judges or justices to serve on the forum. 41 42

(

B) A vacancy for a tribal court judge or justice will be filled as it occurs 1 either on the expiration of a member’s term or when the member has 2 left the position that qualified the member for the forum. 3 4 (

C) If there are more names of tribal court judges and justices submitted by 5 the tribal leadership than vacancies, then the forum cochairs will confer 6 and decide which tribal court judges or justices should be appointed. 7 Their decision will be based on the diverse background and experience, 8 as well as the geographic location, of the current membership. 9 10 (

e) Cochairs 11 12 The Chief Justice appoints a state appellate justice or trial court judge and a tribal 13 court appellate justice or judge to serve as cochairs, consistent with rule 10.31(c). 14 15 Rule 10.60 adopted effective October 25, 2013. 16 17 Judicial Council Comment 18 19 Tribes are recognized as distinct, independent political nations (see Worcester v. Georgia (1832) 20 31 U.S. 515, 559, and Santa Clara Pueblo v.

Martinez (1978) 436 U.S. 49, 55, citing Worcester), 21 which retain inherent authority to establish their own form of government, including tribal justice 22 systems. (25 U.S.C.A. § 3601(4).) Tribal justice systems are an essential part of tribal 23 governments and serve to ensure the public health and safety and the political integrity of tribal 24 governments. (25 U.S.C.A. § 3601(5).) Traditional tribal justice practices are essential to the 25 maintenance of the culture and identity of tribes. (25 U.S.C.A. § 3601(7).) 26 27 The constitutional recognition of tribes as sovereigns in a government-to-government relationship 28 with all other sovereigns is a well-established principle of federal Indian law. (See Cohen’s 29 Handbook of Federal Indian Law (2005) p. 207.) In recognition of this sovereignty, the council’s 30 oversight of the forum, through an internal committee under rule 10.30(d), is limited to oversight 31 of the forum’s work and activities and does not include oversight of any tribe or tribal court. 32 33 Rule 10.61.

Court Security Advisory Committee 34 35 (

a) Area of Focus 36 37 The committee makes recommendations to the council for improving court 38 security, including personal security and emergency response planning. 39 40

(

b) Membership 1 2 The committee must include at least one member from each of the following 3 categories: 4 5

(1) Appellate court justice; 6 7

(2) Appellate court administrator; 8 9

(3) Trial court judge; 10 11

(4) Trial court judicial administrator; 12 13

(5) Member of the Court Facilities Advisory Committee; and 14 15

(6) Member of the Trial Court Facility Modification Advisory Committee. 16 17 At least one member of the committee should be from a trial court that uses a 18 marshal for court security services. 19 20 Rule 10.61 adopted effective October 25, 2013. 21 22 Rule 10.170. Working Group on Court Security 23 24 (

a) Purpose 25 26 The Judicial Council has established the Working Group on Court Security. The 27 purpose of the working group is to recommend uniform standards and guidelines 28 that may be used by the Judicial Council and any sheriff or marshal for the 29 implementation of trial court security services. The Working Group on Court 30 Security must also consult with the Administrative Office of the Courts’ Office of 31 Court Construction and Management regarding security considerations for court 32 facilities.

The Judicial Council, after receiving recommendations from the Working 33 Group on Court Security, may adopt rules, standards, guidelines, and policy 34 directions for the trial courts in order to achieve efficiencies that will reduce 35 security operating costs and constrain growth in those costs. 36 37 (

b) Composition 38 39 The group is composed as follows: 40 41

(1) Eight representatives from the judicial branch of government selected by the 42 Chief Justice; 43

(2) Two representatives of the counties selected by the California State 2 Association of Counties; 3 4

(3) Three representatives of the county sheriffs selected by the California State 5 Sheriffs’ Association; 6 7

(4) One representative of labor selected by the California Coalition of Law 8 Enforcement Associations; and 9 10

(5) One representative selected by the Peace Officers Research Association of 11 California. 12 13 (

c) Chair 14 15 The Chief Justice may appoint an appellate court justice to serve as nonvoting 16 chair. 17 18 (

d) Initial terms 19 20

(1) The initial terms of the members of the working group are as follows: 21 22 (

A) Four years for three representatives of the judicial branch, one 23 representative of the counties, one representative of the county sheriffs, 24 one representative of the California Coalition of Law Enforcement 25 Associations, and one representative of the Peace Officers Research 26 Association of California. 27 28 (

B) Three years for three representatives of the judicial branch, one 29 representative of the counties, and one representative of the county 30 sheriffs. 31 32 (

C) Two years for two representatives of the judicial branch and one 33 representative of the county sheriffs. 34 35

(2) The appointing authority may designate which members are appointed to 36 two-, three-, and four-year terms. 37 38 (

e) Terms 39 40 After the initial terms of members of the working group as provided in (d), the 41 terms of members are three years. The appointing authority may fill any vacancy 42 occurring for the remainder of the term. 43

1 Rule 10.170 repealed effective October 25, 2013; adopted as rule 6.170 effective October 15, 2 2003; previously amended and renumbered effective January 1, 2007. 3 4 Rule 10.171. Working Group on Court Security Fiscal Guidelines 5 6 (

a) Purpose 7 8 The Judicial Council has established the Working Group on Court Security Fiscal 9 Guidelines. The purpose of the working group is to consider whether modifications 10 are necessary and appropriate to the template that determines security costs, under 11 Government Code

section 69927(a)(1) (“template review”), and to recommend 12 changes to the limit for allowable costs, as stated in Government Code

section 13 69927(a)(5) (“allowable costs review”). Template review may involve, among 14 other items, that part of the template affecting law enforcement or security 15 personnel in courtrooms or court detention facilities (“personnel template review”). 16 17 (

b) Composition 18 19

(1) Composition for allowable costs review and template review, except 20 personnel template review 21 22 In performing allowable costs review and template review, except personnel 23 template review, the group is composed as follows: 24 25 (

A) Six representatives from the judicial branch from the Working Group 26 on Court Security established in rule 10.170, as selected by the 27 Administrative Director of the Courts; 28 29 (

B) The two representatives of the counties from the Working Group on 30 Court Security established in rule 10.170; and 31 32 (

C) The three representatives of the county sheriffs from the Working 33 Group on Court Security established in rule 10.170. 34 35

(2) Composition for personnel template review 36 37 In performing personnel template review, the group is composed as follows: 38 39 (

A) The six representatives from the judicial branch of government selected 40 by the Administrative Director of the Courts, under (b)(1)(A); 41 42 (

B) The two representatives of the counties under (b)(1)(B); 43

1 (

C) Two of the three representatives of the county sheriffs under (b)(1)(C) 2 as determined by the California State Sheriffs’ Association; and 3 4 (

D) Two representatives of labor selected by the California Coalition of 5 Law Enforcement Associations. 6 7 (

c) Chair 8 9 The Administrative Director of the Courts may designate one of the judicial branch 10 members to be chair of the working group. 11 12 (

d) Terms 13 14

(1) The initial and subsequent terms of the members of the Working Group on 15 Court Security Fiscal Guidelines who are members because they are 16 members of the working group established in rule 10.170 expire when their 17 terms on that working group expire. The terms of any other members of the 18 Working Group on Court Security Fiscal Guidelines are three years. 19 20

(2) The appointing authority may fill any vacancy occurring for the remainder of 21 the term. 22 23 Rule 10.171 repealed effective October 25, 2013; adopted as rule 6.170 effective January 1, 24 2003; adopted as rule 6.171 effective October 15, 2003; previously amended and renumbered 25 effective January 1, 2007. 26