Rule 3-101. Judicial performance
standards.
Intent
To establish standards of performance for application by the Judicial
Performance Evaluation Commission.
Applicability
This rule applies to all justices and judges of the courts of record
and not of record.
Statement of the Rule
(1) Case under advisement standard. A case is considered to be under
advisement when the entire case or any issue in the case has been submitted to
the judge for final determination.
(2)(A) A justice of the Supreme Court demonstrates satisfactory
performance by circulating not more than an average of three principal opinions
per calendar year more than six months after submission with no more than half
of the maximum exceptional cases in any one calendar year.
(2)(B) A judge of the Court of Appeals demonstrates satisfactory
performance by:
(2)(B)(i) circulating not more than an
average of three principal opinions per calendar year more than six months
after submission with no more than half of the maximum exceptional cases in any
one calendar year; and
(2)(B)(ii) achieving a final average time to circulation of a principal
opinion of not more than 120 days after submission.
(2)(C) A trial court judge demonstrates satisfactory performance by
holding:
(2)(C)(i) not more than an average of three
cases per calendar year under advisement more than two months after submission
with no more than half of the maximum exceptional cases in any one calendar
year; and
(2)(C)(ii) no case under advisement more than six months after
submission.
(3) Education standard. Satisfactory performance is established if the
judge annually obtains 30 hours of judicial education subject to the
availability of in-state education programs.
(4) Physical and mental competence. Satisfactory performance is
established if the response of the judge demonstrates physical and mental
competence to serve in office and if the Council finds the responsive
information to be complete and correct. The Council may request a statement by
an examining physician.