Subordinate Judicial Officers: Complaints and Notice Requirements

The Judicial Council proposed amendments to rules 10.603 and 10.703 regarding complaints against subordinate judicial officers (SJOs). The committee agreed with retaining provisions allowing a presiding judge to conduct an investigation without requiring a formal preliminary investigation, as long as a basis for proceeding exists. Additionally, they added an alternative where a presiding judge can ask another court's judge to investigate on their behalf. The California Commission on Judicial Performance (CCJP) objects to removing the requirement that a presiding judge advise SJOs in writing of their decision to close an investigation. Finally, the committee agreed to eliminate language regarding progressive discipline and replace it with a provision stating that procedures do not restrict the discretion of the presiding judge in taking corrective action.