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2014 California Rules of Court

Rule 10.182. Operation and maintenance of court facilities

(a) Intent

The intent of this rule is to allocate responsibility and decision making for the operation and maintenance of court facilities among the courts and the Administrative Office of the Courts.

(b) Responsibilities of the Administrative Office of the Courts

(1)In addition to those matters expressly authorized by statute, the Administrative Office of the Courts is responsible for:

(A)Taking action on the operation of court facilities, including the day-to-day operation of a building and maintenance of a facility. The Administrative Office of the Courts must, in cooperation with the court, perform its responsibilities concerning operation of the court facility to effectively and efficiently support the day-to-day operation of the court system and services of the court. These actions include maintaining proper heating, ventilation, and air conditioning levels; providing functional electrical, fire safety, vertical transportation, mechanical, and plumbing systems through preventive maintenance and responsive repairs; and maintaining structural, nonstructural, security, and telecommunications infrastructures.

(B)Preparing and submitting budget allocation proposals to the Judicial Council, as part of the yearly judicial branch budget development cycle, specifying the amounts to be spent for the operation of court facilities as provided in (A).

(C)Developing policies, procedures, and guidelines concerning court facilities for submission to the Judicial Council.

(2)The Administrative Office of the Courts must consult with affected courts concerning the annual operations and maintenance needs assessment, development of annual priorities, and fiscal planning for the operational and maintenance needs of court facilities.

(3)The Administrative Office of the Courts may, when appropriate, delegate its responsibilities for ongoing operation and management to the court for some or all of the existing court facilities used by that court. Any delegation of responsibility must ensure that:

(A)The management of court facilities is consistent with the statewide goals and policies of the judicial branch;

(B)Access to all court facilities in California is promoted;

(C)Facilities decisions are made with consideration of operational costs and enhance economical, efficient, and effective court operations; and

(D)Courts have adequate and sufficient facilities and appropriate resources to undertake these delegated tasks.

(4)The Administrative Office of the Courts must, whenever feasible, seek review and recommendations from the Court Facilities Transitional Task Force before recommending action on appellate and trial court facilities issues to the Judicial Council.

(Subd (b) amended effective January 1, 2007.)

(c) Responsibilities of the courts

(1)The affected courts must consult with the Administrative Office of the Courts concerning the annual operations and maintenance needs assessment, development of annual priorities, and fiscal planning for the operational and maintenance needs of court facilities, including contingency planning for unforeseen facility maintenance needs.

(2)Each court to which responsibility is delegated under (b)(3) must report to the Administrative Office of the Courts quarterly or more often, as provided in the delegation. The report must include the activities and expenditures related to the delegation that are specified for reporting in the delegation. Each court must also account to the Administrative Office of the Courts for all expenditures related to the delegation. The Administrative Office of the Courts may conduct an internal audit of any receipts and expenditures.

(Subd (c) amended effective January 1, 2007).

Rule 10.182 amended and renumbered effective January 1, 2007; adopted as rule 6.181 effective June 23, 2004.

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