Unif. R. Proc. Commi. App. & Tri. Ct. 4

As amended through August 22, 2024

Rule 4 - Commission Meetings

a. Meetings of a Commission may be called by the Chair or a majority of Commissioners by written notice to the entire Commission specifying the time and place of meeting. Such notice shall be posted on the Commission's website at least seven (7) calendar days before the meeting date, except that an emergency meeting may be held on shorter notice if the Chair or a majority of Commissioners conclude it is essential to hold an emergency meeting. The right to notice of a meeting may be waived by any Commissioner either before or after the meeting takes place. Attendance at a meeting by any Commissioner shall constitute a waiver of such notice unless the Commissioners, at or promptly after the beginning of such meeting, objects to the holding of the meeting on the ground of lack of, or insufficiency of, notice.

b. All Commissioners are strongly encouraged to attend every meeting in person. The Constitutional deadline for submitting nominations to the Governor requires that meetings be held as scheduled. In extenuating circumstances, the Chair may permit a Commissioner to attend and vote in an administrative meeting or in a screening meeting via telephone, video conferencing, or similar means. With the exception described in this subsection, a Commissioner shall not participate in applicant interviews or vote on nominations through electronic means. If the Commission would otherwise be unable to obtain a quorum for scheduled interviews, thereby risking the Commission's ability to meet the 60-day Constitutional deadline for submitting nominations to the Governor, the Chair may allow a Commissioner to participate in applicant interviews and vote on nominations through electronic means. A member who attends electronically accepts the risk that technical problems could disrupt participation.

c. The Chair shall issue a call for a meeting promptly upon learning of the existence or anticipated existence of a vacancy in a judicial office within the jurisdiction of the Commission.

d. Notice of all Commission meetings other than emergency meetings shall be posted to the Commission's website at least seven (7) calendar days before the meeting. The notice shall state the date, time and specific location of the meeting. Each Commission shall provide notice as reasonable and practicable.

e. The Chief Justice shall call a meeting of all Commissioners at least once every two years for the following purposes:

1. Educating Commissioners about procedures and purposes as stated in Rule 1 and discussing an individual Commissioner's role in accomplishing those purposes.

2. Reviewing Commission actions during the preceding years. This review shall include a presentation of statistical information about applications, nominations and appointments relative to the Constitutional goal of diversity and such other matters as the Commission deems appropriate. Such statistics shall be compiled from information obtained in the applications.

3. Educating Commissioners about means for improving the judicial nominating process.

f. A quorum for a Commission meeting shall be a majority of the Commissioners in office and eligible to participate at the time of the meeting. The Commission may act on any matter by majority vote of the Commissioners in attendance.

Unif. R. Proc. Commi. App. & Tri. Ct. 4

Added on an expedited basis 12/14/2016, effective 12/14/2016. Added on a permanent basis4/27/2017, effective4/27/2017.

HISTORICAL AND STATUTORY NOTES

Former Rule 4, relating to Commissioner impartiality, was abrogated on an expedited basis effective Dec. 14, 2016. See, now, Rule 3.