Rule 6. Commission Evaluation; Public Vote
Arizona Revised Statutes AnnotatedRules of Procedure for Judicial Performance Review in the State of ArizonaEffective: October 1, 2023
Effective: October 1, 2023
17C A.R.S. Rules of Proc. for Jud. Perf. Review, Rule 6
Rule 6. Commission Evaluation; Public Vote
(b) Comparison to Other Judges; Limitation. A judge's survey results as compared with the mean scores of all judges reviewed may be considered by the Commission but must not be given dispositive effect in determining whether a judge meets or does not meet the judicial performance standards for retention.
(4) Effect of Inclusion on Consent Agenda. The Commission will vote on whether to approve the consent agenda by a voice vote. Approval of the consent agenda means all judges on the consent agenda are determined to meet the Rule 5(a) judicial performance standards for retention by a vote of all Commission members present and eligible to vote.
(5) Voting on Consent Agenda. Before voting on the consent agenda, the Chair must identify on the record any Commission member who is recused from voting under Rule 9(a)(2) or is not eligible to vote under Rules 4(d)(2)(B) or 9(b); identify the number of each judge the Commission member is recused from or ineligible to vote on; and state that the voice vote taken on the consent agenda does not include the vote of the Commission member on judges so identified.
(7) Question Presented. The question before the Commission, whether voting on the consent agenda or on individual judges, is whether the judge's record of performance meets the Rule 5(a) judicial performance standards and demonstrates the judge's fitness for retention in office. A “nay” vote on the question presented is a vote that a judge does not meet the Rule 5(a) judicial performance standards sufficient for retention in office.
Credits
Added Aug. 24, 2023, effective Oct. 1, 2023.
17C A. R. S. Rules of Proc. for Jud. Perf. Review, Rule 6, AZ ST J PERF REVIEW Rule 6
State Court Rules are current with amendments received through May 1, 2024. The Code of Judicial Administration is current with amendments received through May 1, 2024.
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