Rule 3-107. Executive branch policy initiatives.

Intent:

To identify the Council or its designee as the sole authority for establishing and representing the position of the judiciary to the executive branch on policy initiatives.

To identify the role of other judicial offices and entities in executive branch policy making.

To establish a procedure for judicial consideration of executive branch policy initiatives.

To establish a procedure for agencies, groups and individuals to seek Council review of executive branch policy initiatives.

Applicability:

This rule shall apply to the judiciary's involvement in executive branch policy making.

Statement of the Rule:

(1) Authority and responsibility of the council and its liaison committee.

(A) The Council shall establish and represent the position of the judiciary to the executive branch on executive branch policy initiatives.

(B) The Council may endorse, oppose, or take no position on proposed executive policy initiatives. The Council shall limit its consideration of executive action to that which affects the Constitutional authority, the statutory authority, the jurisdiction, the organization or the administration of the judiciary.

(2) Authority and responsibility of the boards. Boards may review proposed executive policy initiatives and recommend positions to the Council, but may not take public positions independent of the Council.

(3) Authority and responsibility of the court administrator.

(A) Consistent with this Code and the policies and priorities of the Council, the Court Administrator shall act as the official spokesperson for the judiciary and is authorized to negotiate, on behalf of the Council, positions related to budget and other executive matters.

(B) Under the direction of the Council, the Court Administrator is responsible for coordinating all interaction between the judiciary and the executive branch including the following:

(i) scheduling meetings between the Council and the executive branch;

(ii) meeting with representatives of the executive branch to convey the position of the judiciary;

(iii) calling on individual judges to participate in executive branch activities;

(iv) receiving requests for Council consideration of executive initiatives from interested individuals, groups or agencies.

(4) Authority of individual judicial officers and employees. Nothing in this rule shall be construed to prohibit individual judges, court administrators or court executives from meeting with representatives of the executive branch on an individual basis to resolve local management or administrative issues consistently with Council policy and the provisions of this Code.