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2014 California Rules of Court

Rule 10.6. Judicial Council meetings

(a) Open meeting policy

Business meetings are open to the public unless they are closed under (b). Other meetings, such as orientation, planning, and educational meetings, may be made open to the public at the discretion of the Chief Justice. The Chief Justice may seek a recommendation from the Executive and Planning Committee on whether all or part of any meeting should be open or closed. Any discussion or decision of the full council at a business meeting regarding a trial court budget allocation must take place in an open meeting of the council, except for an executive session as provided in (b).

(Subd (a) amended effective January 1, 2007; previously amended effective January 1, 2004.)

(b) Closed sessions

The Chief Justice may close all or part of a business meeting because of the nature of the meeting or of matters to be discussed. The following matters will ordinarily be discussed in closed session:

(1)A personnel matter or a discussion of the character, competence, or physical or mental health of an individual;

(2)Claims or litigation in which the Judicial Council has an interest;

(3)Contract, labor, or legislative negotiations;

(4)The purchase, sale, or lease of real property;

(5)Security plans or procedures;

(6)Allegations of criminal or professional misconduct; and

(7)Discussions protected by the attorney-client privilege.

(c) Conduct at meeting

Members of the public who attend open meetings must remain orderly. The Chief Justice may order the removal of any disorderly persons.

(Subd (c) amended effective January 1, 2004.)

(d) Requests to speak-general

The Executive and Planning Committee, in its discretion, may allow a member of the public to speak at a business meeting. Unless the Chief Justice waives this requirement, any member of the public who wishes to speak at a business meeting must submit a request of no more than two pages to the chair of the Executive and Planning Committee by delivering it to the Administrative Office of the Courts at least four business days before the meeting.

(1)Contents of the request

The request must include the following:

(A)A description of the agenda item to be addressed;

(B)A specific recitation of the proposed statement with an explanation of its relevance to the agenda item and the reasons it would be of benefit to the council in its deliberations;

(C)The name, residence, and occupation of the person asking to speak and, if applicable, the name, address, and purpose of the agency or organization that the speaker represents;

(D)If available, telephone and fax numbers and e-mail address of the person asking to speak and, if applicable and available, the telephone, fax numbers, and e-mail address of the agency or organization that the speaker represents;

(E)The words "Request to Speak at Judicial Council Meeting" displayed prominently in letters at least one-quarter-inch high on the envelope containing the request; and

(F)A copy of any written materials the speaker proposes to distribute at the meeting.

(2)Notice of decision

The Executive and Planning Committee must respond to the request at least two business days before the meeting. The committee may grant the request in part or whole, request additional information, circulate any written materials, or take other action it deems appropriate.

(Subd (d) amended effective January 1, 2007; previously amended effective January 1, 2004.)

(e) Presentation of information on trial court budget matters

(1)Presentation of written information

Any designated employee representative has a right to provide written information on trial court budget allocations to the council.

(2)Oral presentation

Any designated employee representative who wishes to make an oral presentation to the Judicial Council must make a written request to the Administrative Office of the Courts (attention Secretariat) no later than 24 hours before the meeting unless the issue has arisen within the last five business days before the meeting, in which case the written request may be made on the day of the meeting.

(3)Limit on number and time

The Chief Justice or his or her designee may limit the number and time of speakers in order to avoid cumulative discussion.

(Subd (e) amended effective January 1, 2007; adopted effective January 1, 2004.)

(f) Video recording, photographing, and broadcasting at meeting

The Chief Justice may permit video recording, photographing, or broadcasting of a meeting. Any such video recording, photographing, or broadcasting is subject to regulations that ensure the meeting's security and dignity. A request to record, photograph, or broadcast a council meeting must be received by the Chief Justice at least two business days before the meeting.

(Subd (f) relettered effective January 1, 2004; adopted as subd (e).)

(g) Minutes as official records

The Secretary of the Judicial Council must prepare written minutes of each council meeting for approval at the next council meeting. When approved by the council, the minutes constitute the official record of the meeting.

(Subd (g) amended and relettered effective January 1, 2004; adopted as subd (f).)

Rule 10.6 amended and renumbered effective January 1, 2007; adopted as rule 6.6 effective January 1, 1999; previously amended effective January 1, 2004.

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