California Rules of Court — Rule 10.10 — Judic ia l Counc il interna l committees (effective April 16, 2020 Rule 10)
Cal. R. Ct. 10.10
California Rules of Court
AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on April 15, 2020, effective April 16, 2020 Rule 10.10. Judic ia l Counc il interna l committees................................ ................... 2 1 Rule 10.12. Policy Coordination and L ia ison Legislation Committee ..................... 2 2 Rule 10.13. Rules and Projects Committee ................................ ............................ 3 3 Rule 10.16. Technology Committee ................................ ................................ ...... 4 4 Rule 10.20.
Proposals for new or amended rules, standards, or forms; rule-making 5 process in general ................................ ................................ ................................ .. 4 6 Rule 10.21. Proposals from members of the public for changes to rules, standards, 7 or forms ................................ ................................ ................................ ................ 5 8 Rule 10.22. Rule-making procedures................................ ................................ ..... 5 9 Rule 10.34.
Duties and responsibilities of advisory committees............................... 6 10 Rule 10.351. Judic ia l bra nch polic ies on workplace conduct ................................ .. 7 11 Appendix D: Judic ia l Council Governance Polic ies................................ ........................ 8 12 a. * * * ................................ ................................ ................................ ............... 8 13 b. Rules and Projects Comm ittee ................................ ................................ ......... 8 14 c.
Policy Coordination and L ia ison Legislation Committee ................................ .. 9 15 6. Role of Advisory Committees ................................ ................................ ...... 9 16 17
2 Rule 10.10. Judicial Council inte rnal committe e s 1 2 (
a) Judicial Council internal committees 3 4 The internal committees are: 5 6
(1) Executive and Planning Committee; 7 8
(2) Policy Coordination and Liaison Legislation Committee; 9 10
(3) Rules and Projects Committee; 11 12
(4) Litigation Management Committee; 13 14
(5) Technology Committee; and 15 16
(6) Judicial Branch Budget Committee. 17 18 (Subd (
a) amended effective April 16, 2020; adopted effective August 14, 2009, previously 19 amended effective February 20, 2014,and January 1, 2019.) 20 21 (b)–(h) * * * 22 23 Rule 10.10 amended effective April 16, 2020; adopted as rule 6.10 effective January 1, 1999; 24 previously amended and renumbered as rule 10.10 effective January 1, 2007; previously 25 amended effective August 14, 2009, February 20, 2014, January 1, 2016, and January 1, 2019. 26 27 28 Rule 10.12. Policy Coordination and Liaison Legislation Committe e 29 30 (
a) Legislative activities 31 32 The Policy Coordination and Liaison Legislation Committee performs the 33 following functions: 34 35 (1)–(3) * * * 36 37 (Subd (
a) amended effective April 16, 2020; adopted as subd (b); previously amended 38 effective September 1, 2003, and January 1, 2016; previously amended and relettered as 39 subd (
a) effective August 14, 2009.) 40 41 (b)–(d) * * * 42 43
3 Rule 10.12 amended effective April 16, 2020; adopted as rule 6.12 effective January 1, 1999; 1 previously amended and renumbered as rule 10.12 effective January 1, 2007; previously 2 amended effective September 1, 2003, August 14, 2009, and January 1, 2016. 3 4 5 Rule 10.13. Rules and Projects Committe e 6 7 (
a) Rules, standards, and forms 8 9 The Rules and Projects Committee establishes and maintains a rule-making process 10 that is understandable and accessible to justice system partners and the public. The 11 committee: 12 13 (1)–(6) * * * 14 15 (Subd (
a) amended effective April 16, 2020; adopted effective August 14, 2009.) 16 17 (b) * * * 18 19 (
c) Re comme ndations 20 21 The Rules and Projects Committee assists the council in making informed decisions 22 about rules of court, forms, standards of judicial administration, and jury 23 instructions. The committee: 24 25
(1) Recommends whether the council should approve, modify, or reject each 26 proposal; 27 28
(2) Recommends to the Executive and Planning Committee whether a proposal 29 should be on the council’s consent or discussion agenda and how much time 30 should be allocated for discussion; and 31 32
(3) When appropriate, identifies issues for discussion. 33 34 If the Rules and Projects Committee recommends against approval, it states the 35 reasons for its recommendation. 36 37 (Subd (
c) amended effective April 16, 2020; adopted effective August 14, 2009.) 38 39 (d)–(e) * * * 40 41
4 Rule 10.13 amended effective April 16, 2020; adopted as rule 6.13 effective January 1, 1999; 1 previously amended and renumbered as rule 10.13 effective January 1, 2007; previously 2 amended effective September 1, 2003, August 14, 2009, January 1, 2016, and January 1, 2019. 3 4 5 Rule 10.16. Technology Committee 6 7 (a) * * * 8 9 (
b) Coordination 10 11 The committee coordinates the activities of the Administrative Director, council 12 internal committees and advisory committees, the courts, justice partners, and 13 stakeholders on matters relating to court information technology. The committee 14 also, in collaboration or consultation with the Policy Coordination and Liaison 15 Legislation Committee, coordinates with other branches of government on 16 information technology issues. 17 18 (Subd (
b) amended effective April 16, 2020; previously amended effective September 1, 19 2015, and January 1, 2016.) 20 21 (c)–(i) * * * 22 23 Rule 10.16 amended effective April 16, 2020; adopted effective February 20, 2014; previously 24 amended effective September 1, 2015, January 1, 2016, and January 1, 2019. 25 26 27 Rule 10.20. Proposals for new or amended rules, standards, or forms; 28 rule -making process making process in general 29 30 (a) * * * 31 32 (
b) Proposals 33 34 The council will consider proposals that are submitted to it by an internal 35 committee, an advisory committee, a task force, or Judicial Council staff, in 36 accordance with rule 10.22 and any policies and procedures established by the 37 Rules and Projects Committee. 38 39 Subd (
b) amended effective April 16, 2020; repealed and adopted effective January 1, 40 2002; previously amended effective January 1, 2007, and January 1, 2016.) 41 42 43
5 (c) * * * 1 2 Rule 10.20 amended effective April 16, 2020; adopted as rule 6.20 effective January 1, 1999; 3 previously amended effective January 1, 2002, and January 1, 2016; previously amended and 4 renumbered as rule 10.20 effective January 1, 2007. 5 6 Rule 10.21. Proposals from members of the public for changes to rules, standards, 7 or forms 8 9 (a)–(b) * * * 10 11 (
c) Advisory committe e ’s review of ’s review of proposal 12 13 The Chief Counsel must refer each proposal from a member of the public to an 14 appropriate advisory committee for consideration and recommendation, or, if no 15 appropriate advisory committee exists, to the Rules and Projects Committee. A 16 Judicial Council staff member may independently review the proposal and present 17 an analysis and a recommendation to the committee. The committee may take one 18 of the following actions: 19 20 (1)–(3) * * * 21 22 (Subd (
c) amended effective April 16, 2020; previously amended effective January 1, 2007, 23 and January 1, 2016.) 24 25 Rule 10.21 amended effective April 16, 2020; adopted as rule 6.21 effective January 1, 2002; 26 previously amended and renumbered as rule 10.21 effective January 1, 2007; previously 27 amended effective January 1, 2016. 28 29 30 Rule 10.22. Rule-making making procedures 31 32 (a)–(b) * * * 33 34 (
c) Re comme ndation to Rule s and Proje cts Committe e 35 36 After the proposal has been reviewed by Legal Services and any appropriate 37 advisory committee, the proponent must submit the proposal to the Rules and 38 Projects Committee with a recommendation that it be (1) circulated for public 39 comment or (2) submitted to the council for approval without public comment. 40 41 (Subd (
c) amended effective April 16, 2020; previously amended effective January 1, 42 2016.) 43
6 1 (
d) Review by Rules and Projects Committe e 2 3 The Rules and Projects Committee must review the recommendation and may take 4 one of the following actions: 5 6 (1)–(4) * * * 7 8 (Subd (
d) amended April 16, 2020;previously amended effective January 1, 2007.) 9 10 (e) * * * 11 12 (
f) Submission to council 13 14 If, after reviewing the comments, the proponent recommends that the council adopt 15 the proposal, the matter will be placed on the council’s agenda. The Rules and 16 Projects Committee must review the recommendation and submit its own 17 recommendation to the council. The council may adopt, modify, or reject the 18 proposal. 19 20 (Subd (
f) amended effective April 16, 2020.) 21 22 (
g) Compelling circumstances 23 24 The procedures established in this rule must be followed unless the Rules and 25 Projects Committee finds that compelling circumstances necessitate a different 26 procedure. The committee’s finding and a
summary of the procedure used must be 27 presented to the council with any recommendation to the council made under this 28 subdivision. 29 30 (Sub(
d) amended effective April 16, 2020.) 31 32 Rule 10.22 amended effective April 16, 2020; adopted as rule 6.22 effective January 1, 2002; 33 previously amended and renumbered as rule 10.22 effective January 1, 2007; previously 34 amended effective January 16, 2016. 35 36 37 Rule 10.34. Duties and responsibilities of advisory committees 38 39 (
a) Role 40 41 Advisory committees are standing committees created by rule of court or the Chief 42 Justice to make recommendations and offer policy alternatives to the Judicial 43
7 Council for improving the administration of justice within their designated areas of 1 focus by doing the following: 2 3
(1) Identifying issues and concerns affecting court administration and 4 recommending solutions to the council; 5 6
(2) Proposing necessary changes to rules, standards, forms, and jury instructions; 7 8
(3) Reviewing pending legislation and making recommendations to the P olicy 9 Coordination and Liaison Legislation Committee on whether to support or 10 oppose it; 11 12
(4) Recommending new legislation to the council; 13 14
(5) Recommending to the council pilot projects and other programs to evaluate 15 new procedures or practices; 16 17
(6) Acting on assignments referred by the council or an internal committee; and 18 19
(7) Making other appropriate recommendations to the council. 20 21 (Subd (
a) amended effective April 16, 2020; adopted effective August 14, 2009.) 22 23 24 (b)–(f) * * * 25 26 Rule 10.34 amended effective April 16, 2020; adopted as rule 6.34 effective January 1, 1999; 27 previously amended and renumbered as rule 10.34 effective January 1, 2007; previously 28 amended effective January 1, 2002, September 1, 2003, August 14, 2009, February 20, 2014, and 29 January 16, 2016. 30 31 32 Rule 10.351.
Judicial branch policies on workplace conduct 33 34 The judicial branch is committed to providing a workplace free of harassment, 35 discrimination, retaliation, and inappropriate workplace conduct based on a protected 36 classification.
Consistent with this commitment, each court must take reasonable steps to 37 prevent and address such conduct, including adopting policies prohibiting harassment, 38 discrimination, retaliation, and inappropriate workplace conduct based on a protected 39 classification and establishing for such conduct complaint reporting and response 40 procedures that satisfy the minimum requirements stated in this rule. 41 42 (a)–(c) * * * 43
8 1 (
d) Imple me ntation 2 3 All courts must implement the requirements of this rule by June 30, 2020 December 4 31, 2020, or as soon thereafter as possible, subject to any applicable obligations to 5 meet and confer or consult with recognized employee organizations. 6 7 (Subd (
d) amended effective April 16, 2020.) 8 9 Rule 10.351 amended effective April 16, 2020; adopted effective January 17, 2020. 10 11 Appendix D: Judicial Council Governance Policies 12 13 * * * 14 15 Gove rnance Proce s s 16 17 1.–4. * * * 18 19 5. Inte rnal Committe e s 20 21 a. * * * 22 23 b. Rules and Projects Committe e 24 The Rules and Projects Committee under California Rules of Court, rule 25 10.13 makes regular reports to the full council on its actions. Its 26 responsibilities are described below. 27 28 i. Identifies the need for new rules, standards, and forms; 29 ii.
Establishes and publishes procedures for the proposal, 30 adoption, and approval of rules of court, forms, and 31 standards of judicial administration that ensure that 32 relevant input from the public is solicited and 33 considered; 34 iii. Reviews proposed rules, standards, and forms, 35 and circulates those proposals for public 36 comment in accordance with its procedures and 37 guidelines; 38 iv. Provides guidelines for the style and format of rules, 39 forms, and standards and ensures that proposals are 40 consistent with the guidelines; 41 v.
Ensures that proposals for new or amended rules, 42 standards, and forms do not conflict with statutes or 43
9 other rules; and 1 vi. Determines whether proposals for new or amended 2 rules, standards, or forms have complied with its 3 procedures. 4 c. Policy Coordination and Liaison Legislation Committe e 5 The Policy Coordination and Liaison Legislation Committee under 6 California Rules of Court, rule 10.12 makes regular reports to the full 7 council on its actions.
Its responsibilities include those described below. 8 9 The committee represents the Judicial Council’s position with other 10 agencies and entities, such as the Legislature, the Governor’s Office, the 11 State Bar of California, local government, local bar associations, and other 12 court-related professional associations; reviews and makes 13 recommendations on proposals for Judicial Council–sponsored legislation; 14 reviews pending bills; determines positions consistent with the council’s 15 previous policy decisions; and oversees advocacy for these positions. 16 17 d–f * * * 18 19 6.
Role of Advisory Committe e s 20 Advisory committees under California Rules of Court, rule 10.34(
a) are standing 21 committees created by rule of court or the Chief Justice to make recommendations and 22 offer policy alternatives to the Judicial Council for improving the administration of 23 justice within their designated areas of focus by doing the following: 24 i. Identifying issues and concerns affecting court administration and 25 recommending solutions to the council; 26 ii. Proposing necessary changes to rules, standards, forms, and jury 27 instructions; 28 iii.
Reviewing pending legislation and making recommendations to the P olicy 29 Coordination and Liaison Legislation Committee on whether to support or 30 oppose it; 31 iv. Recommending new legislation to the council; 32 v. Recommending to the council pilot projects and other programs to evaluate 33 new procedures or practices; 34 vi. Acting on assignments referred by the council or an 35 internal committee; and 36 vii. Making other appropriate recommendations to the council. 37 38 39