Rule 3-301.01 - State Court Administrator-Complaints and Performance Review; Complaints Regarding Judicial Officers and State Court EmployeesIntent:
The State Court Administrator serves at the pleasure of both the Supreme Court and the Judicial Council. The intent of this rule is to establish (1) the process for reviewing the performance of the State Court Administrator; (2) an avenue by which complaints regarding the State Court Administrator, judicial officers, and state court employees can be received, reviewed, and investigated; and (3) the confidentiality necessary to perform this work.
Applicability:
This rule applies to the judicial branch.
Statement of the Rule:
(1) Definitions.a. "Performance Review Committee" means a committee consisting of one member of the Management Committee of the Judicial Council who is not a member of the Supreme Court, and one member of the Supreme Court. The Management Committee member shall be appointed by a majority vote of the Management Committee. The Supreme Court member shall be appointed by the Chief Justice.b. "Management Committee" means the standing committee of the Judicial Council established in Rule 1-204.(2) Complaints Regarding and Performance Review of State Court Administrator.a.Complaints-Receipt, Review, and Investigation.The Supreme Court and the Management Committee are authorized to receive complaints regarding the conduct or performance of the State Court Administrator. i. The Supreme Court or the Management Committee shall promptly disclose all such complaints to each other and to the Performance Review Committee. The Performance Review Committee shall convene promptly to review the complaint and to determine what investigation is appropriate. ii. After the appropriate investigation is completed, the Performance Review Committee shall make recommendations to the Judicial Council and the Supreme Court. Recommendations may include: no further action, a performance or corrective action plan, discipline as a condition of continued employment, or termination.b.Annual Performance Review. At least annually, the Performance Review Committee shall review the performance of the State Court Administrator in accordance with the standards set forth in the Human Resources Policies and Procedures Manual.i. The Performance Review Committee shall report the results of the State Court Administrator's annual performance review to the Judicial Council and Supreme Court. After completion of the performance review, the Performance Review Committee may make recommendations to the Judicial Council and the Supreme Court. Recommendations may include: no further action, a performance or corrective action plan, discipline as a condition of continued employment, or termination. ii. The Judicial Council and the Supreme Court shall meet in a joint executive session to approve, reject, or modify any recommended performance or corrective action plan.c. Action to Discipline or Terminate the State Court Administrator.i. If the Performance Review Committee recommends that the State Court Administrator be disciplined as a condition of continued employment or be terminated, the Performance Review Committee shall promptly report its recommendation to the Judicial Council and the Supreme Court. ii. The Judicial Council and the Supreme Court shall meet in a joint executive session to consider the recommendation. After considering the recommendation, the Judicial Council and the Supreme Court may undertake such additional investigation as they jointly deem necessary. The Judicial Council and the Supreme Court shall work together in good faith to exercise jointly and by consensus their statutory rights regarding termination of the State Court Administrator.(3) Complaints Regarding Judges and State Court Employees.a.Judicial Officers. The Management Committee is authorized to receive, review, and investigate complaints regarding the conduct or performance of any judicial officer. After completing the investigation it deems appropriate, the Management Committee may refer the complaint and make recommendations to the appropriate presiding judge or to the Judicial Council. The Judicial Council shall decide whether to refer the complaint to the Judicial Conduct Commission.b.Other Court Employees. The Management Committee is authorized to receive complaints regarding the conduct or performance of any state court employee. For complaints involving any employee other than the State Court Administrator or Human Resources Director, the Management Committee shall refer the complaint to the Human Resources Department consistent with its Policies and Procedures Manual. Complaints involving the Human Resources Director shall be referred to the State Court Administrator for review and investigation. (4) Consultation Regarding Personnel and Related Matters.a. The Management Committee shall be available to consult with any presiding judge on personnel and related matters involving a judicial officer.b. The Management Committee shall be available to consult with the State Court Administrator on personnel and related matters involving any state court employee.(5) Confidentiality.a. The work performed by the Supreme Court, the Performance Review Committee or the Management Committee pursuant to this rule shall be kept confidential and shall not be disclosed until (1) disclosure is required by this rule, or (2) disclosure is required by applicable law.Utah Code Jud. Admin. 3-301.01
Adopted December 22, 2020, effective 5/1/2021.