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2014 California Rules of Court

Rule 10.741. Duties and authority of the presiding judge

(a) General duties

The presiding judge is responsible for the recruitment, selection, training, appointment, supervision, assignment, performance, and evaluation of court-appointed temporary judges. In carrying out these responsibilities, the presiding judge is assisted by the Temporary Judge Administrator as provided in rule 10.743.

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

(b) Publicizing the opportunity to serve as a temporary judge

(1)Except for those courts that have nine or fewer authorized judge positions or use only research attorneys as temporary judges, each trial court that uses court-appointed temporary judges must publicize the opportunity to serve as a temporary judge whenever the court seeks to add attorneys to its pool of temporary judges or within a reasonable time before conducting its mandatory training for temporary judges but, in any case, no less than once every three years.

(2)Courts must publicize this opportunity in a manner that maximizes the potential for a diverse applicant pool, which includes publicizing the opportunity to legal communities and organizations, including all local bar associations, in their geographical area. This publicity should encourage and must provide an equal opportunity for all eligible individuals to seek positions as court-appointed temporary judges and not exclude individuals based on their gender, race, ethnicity, disability, religion, sexual orientation, age, or other protected class.

(Subd (b) adopted effective July 1, 2012.)

(c) Nondiscrimination in application and selection procedure

Each trial court that uses court-appointed temporary judges must conduct an application and selection procedure for temporary judges that ensures the most qualified applicants for appointment are selected and must not reject applicants who otherwise meet the requirements for appointment based on their gender, race, ethnicity, disability, religion, sexual orientation, age, or other protected class. Among the qualifications to be considered in the selection procedure are the applicant's exposure to and experience with diverse populations and issues related to those populations.

(Subd (c) adopted effective July 1, 2012.)

(d) Authority to remove or discontinue

The presiding judge has the discretion to remove a court-appointed temporary judge or to discontinue using an attorney as a court-appointed temporary judge at any time.

(Subd (d) relettered effective July 1, 2012; adopted as subd (b).)

Rule 10.741 amended effective July 1, 2012; adopted as rule 6.741 effective July 1, 2006; previously amended and renumbered effective January 1, 2007.

Advisory Committee Comment

Subdivision (b). This subdivision is intended to offer all attorneys who satisfy the requirements for appointment under rule 2.812 the opportunity to serve as temporary judges and to expand the size and diversity of the pool of eligible candidates. Pursuant to the rule, courts that do not use temporary judges, that have nine or fewer authorized and funded judge positions, or that only use their research attorneys as temporary judges are exempt from the requirement to publicize the opportunity to serve as a temporary judge. Courts that use temporary judges may publicize the opportunity in a manner they determine to be most effective, given their individual circumstances. In attempting to broaden the diversity of the temporary judge applicant pool, courts also have the flexibility to widen the geographical areas in which they publicize the opportunity. Thus, courts are not limited to publicizing their temporary judge program through the local or state bar associations. However, they must include all local bar associations when they do so. Further, the method of publication is purposefully left to the court's discretion. No-cost methods exist, such as email, use of the court's public website, and oral announcements at local bar association or legal organization events. Publicizing this opportunity no less than once every three years should increase the potential for greater diversity among the temporary judges who serve the courts.

Subdivision (c). This subdivision emphasizes that the selection and appointment process must be devoid of discrimination. These provisions are intended to discourage favoritism in the appointment process and permit the courts to consider, as an additional qualification, an attorney's exposure to and experience with the diverse populations and issues unique to that population in the county where they are seeking appointment. "Exposure to and experience with diverse populations" includes work, social interaction, educational experiences, or community involvement with individuals or groups from diverse communities that may appear in court.

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