Rule 5. Judicial Performance Review Process
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 5
Formerly cited as AZ ST J PERF REVIEW Rule 6
Rule 5. Judicial Performance Review Process
(C) Survey Periods and Public Vote; Appellate Judges. Appellate judges are surveyed on a continuing basis but are the subject of the Commission's election-year meeting only in the even-numbered year in which the appellate judge is eligible for retention. The Commission may review only those surveys that are applicable to the judge's current term.
(i) attorneys who appear before the judge for any argument or proceeding, whether in person or by means of a telecommunication system or remote connection, during the survey period; file a motion, request, response, or reply on any issue that is fully briefed during the 60-day period before the survey period begins; receive a minute entry, ruling, order, opinion, or other communication issued by the judge in any proceeding or matter taken under advisement during the survey period; or receive a minute entry, ruling, order, or other communication issued by the judge during the survey period;
(i) As the Commission deems appropriate, the Commission must provide for survey evaluation of superior court judges by commissioners, full-time judges pro tempore, other superior court judges, and appellate judges who participated in deciding any appellate matter heard and decided by the superior court judge. In determining other judicial officers to survey, the Commission should consider the size and structure of the superior court of the county in which the judge serves and any department or calendar to which the judge is assigned.
(ii) As the Commission deems appropriate, the Commission must provide for survey evaluation of appellate judges by other appellate judges on the same bench; appellate judges who participated in judicial review of the appellate judge's written opinion; and appellate or superior court judges whose written, opinions, decisions, or orders were the subject of an appellate matter decided by the appellate judge being reviewed.
(3) Disciplinary Record. The Commission must obtain information from the Arizona Commission on Judicial Conduct about whether discipline has been imposed on any judge being reviewed. If discipline has been imposed on any judge being reviewed, the Commission must obtain and review the judge's disciplinary file to the extent allowed by the rules of the Arizona Commission on Judicial Conduct.
(4) Video and Audio Recordings of Courtroom Proceedings. If the Commission or a Commission member expresses concern about a judge's demeanor, the Commission or Commission member should review a representative sample of video and audio recordings of courtroom proceedings during the judge's current term. The judge also may request such a review in these circumstances.
(1) Preparation. The Commission must prepare a data report on each judge being reviewed consisting of compiled survey data (excluding data from surveys of court employees), any narrative comments extracted and redacted under Rule 5(b)(1)(G); any public and written comments received under Rule 5(b)(2); any disciplinary information received under Rule 5(b)(3); and any information obtained under Rule 5(b)(4) using the other evaluation tools.
Credits
Added Aug. 24, 2023, effective Oct. 1, 2023.
17C A. R. S. Rules of Proc. for Jud. Perf. Review, Rule 5, AZ ST J PERF REVIEW Rule 5
State Court Rules are current with amendments received through April 15, 2024. The Code of Judicial Administration is current with amendments received through April 15, 2024.
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