The State Bar seeks public comment on a proposal to amend the State Bar Rules for the Commission on Judicial Nominees Evaluation to remove the requirement that judicial candidate interviews and commission meetings be conducted in person.
Deadline: May 1, 2023, 11:59 p.m.
Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly and can also be used to upload your comment letter and/or other attachments.
Government Code section 12011.5(a) requires that when the governor prepares to fill judicial vacancies, the names of candidates for the judgeships must be submitted “to a designated agency of the State Bar of California…for evaluation of their judicial qualifications.” The Board of Trustees created the Commission on Judicial Nominees Evaluation (JNE) to fulfill this function. Each year, on average, between 150 and 200 candidates are investigated, evaluated, and rated by the JNE Commission. Title 7 of the State Bar Rules specifies the procedures under which the JNE Commission operates. JNE staff have been working closely with the commission over the past year to streamline processes and procedures and maximize efficiency in the evaluation process. In addition, the Board’s adoption of the 2023 budget, which limits available expenditures for subentity in-person meetings, has revealed an urgent need to amend certain State Bar Rules so that more efficient, and less costly, procedures can be permanently implemented.
State Bar Rules 7.52 and 7.60 require interviews and presentations conducted in the course of evaluations by the JNE Commission to occur in person absent unusual circumstances. As written, this requirement is a barrier to implementing recent efforts to streamline the JNE evaluation process. In addition, the State Bar’s 2023 budget limits the available expenditures for subentity in-person meetings.
Proposed Amendments to Rule 7.52 Candidate interviews have been taking place remotely throughout the COVID-19 pandemic, and there have been many benefits to this new model, including ease of scheduling and cost savings to the State Bar and the candidates themselves—particularly those who live in the more remote counties. The transition to video-recorded interviews has also created a clear record for the Review Commission on Judicial Nominees Evaluation to rely upon when reviewing the commission’s “Not Qualified” ratings of certain candidates. The proposed amendment to rule 7.52 would remove the requirement that that the investigating team must interview candidates in person and therefore permit the use of remote interviews in the normal course of JNE's work.
Proposed Amendments to Rule 7.60 As the commission transitions to alternative meeting procedures to accommodate the 2023 budget and move away from Saturday meetings to comply with State Bar policy, it would be beneficial for the commission to have the option to conduct meetings remotely if needed. This would be especially useful for meetings that have already been scheduled for two days (Fridays and Saturdays) through April 2024 so that the commission could conduct a full day of business in person on Friday and finish its remaining business remotely on Saturdays if necessary. The current rule, however, requires that the lead investigators present their reports in person, thus prohibiting the commission from completing its business via Zoom. Additionally, the current rule only permits investigating commissioners who cannot attend the meeting in person to present their report to the commission via Zoom in “unusual circumstances.” The proposed amendment to rule 7.60 would remove the requirement that investigating commissioners present their report in person, thus authorizing commission meetings to be conducted remotely and allowing lead investigators to present their reports remotely if necessary.
If approved, the proposed amendments would continue the travel expense cost savings to State Bar staff and the candidates previously realized during the pandemic model and conform with the approved 2023 budget expenditures.
Board of Trustees
May 1, 2023, 11:59 p.m.