Rule 4 - Meetings and Action(a) Frequency. The Commission meets at the call of the Chair and at least two times each year.(b) Election-Related Meetings.(1)Public Hearings. In each election year, the Commission must request written public comments and hold at least one hearing for the sole purpose of receiving public comment on the performance of judges eligible for retention on the next general election ballot. (A) Public hearings must be recorded.(B) Before being permitted to give public comment, each member of the public must provide their name and address. The Commission may request a speaker's day and evening telephone numbers.(C) Commission members may ask follow-up questions of individuals providing public comment as necessary to obtain any additional information, clarification, or context for the Commission.(D) Written comments must be legible and include the author's name and address to be provided for the Commission's consideration.(2)Invitational Meeting. If a Commission member requests that the Commission invite a judge to attend an executive session and articulates a reason for doing so, the Commission must invite the judge to an executive session to discuss information received from survey results, public comments, the Judicial Conduct Commission, or other sources. When asking the judge to attend an executive session, the Commission must inform the judge in writing of the reason or reasons for the request. No Commission member may vote that a judge does not meet the Rule 5(a) judicial performance standards sufficient for retention in office without the judge first being given the opportunity to meet with the Commission in executive session.(3)Public Vote Meeting. Following the public hearings and invitational meeting, the Commission must meet during the first 5 months of every even-numbered year to determine whether each judge eligible for retention "meets" or "does not meet" the Rule 5(a) judicial performance standards sufficient for retention. Public comment is prohibited at the public vote meeting.(c) Quorum.(1)Requirement. The Commission must not conduct business unless a quorum of Commission members is present. A quorum is one more than half of the total Commission membership in office at the time of the meeting and eligible to vote.(2)Exception. The quorum requirement does not apply to meetings held by the Commission in counties other than Maricopa exclusively for the purpose of receiving public comment.(d) Member Attendance.(1)Members Present. Commission members attending a meeting in person or by telephone or video conference are deemed present. Members must be allowed to attend and participate in meetings by telephone or video conference.(2)Failure to Attend. (A) Any member who fails to attend 50% of the Commission's scheduled meetings during a calendar year may be removed from the Commission by the Chief Justice on recommendation of the Commission Chair.(B) Except as provided in (d)(2)(C), any member who does not attend the executive session at which a judge appears under (b)(2), is ineligible to vote on any judge at the following public vote meeting.(C) The Chair may excuse a member from attending an executive session for good cause. If a member is excused, the member is ineligible at the following public vote meeting to vote on the judge who appeared at the executive session, but remains eligible to vote on other judges.(e) Public Participation. Except as provided in (b)(2) and (h), all Commission meetings are open to the public and, except as provided in (b)(3), must include a call to the public to allow individuals to address the Commission on the judicial performance review process or the performance of any judges subject to retention.(1)Speaker Identification. Before being permitted to give public comment, each member of the public must provide their name and address. The Commission may request a speaker's day and evening telephone numbers.(2)Commission Questions. Commission members may ask follow-up questions of individuals providing public comment as necessary to obtain any additional information, clarification, or context for the Commission.(f) Minutes. The Chair must ensure that minutes of each public meeting and executive session are prepared. The minutes of each public meeting must be approved at the next public meeting. Minutes of public meetings are subject to disclosure under Rule 123 of the Rules of the Supreme Court of Arizona.(g) Majority Vote Required. Except as provided otherwise in these rules, the Commission acts only by a simple majority vote of more than half of the eligible votes cast. Abstentions are excluded in calculating a majority vote.(h) Executive Session.(1)When Required. The Commission must meet in executive session as follows: (A) Confidential Agenda Items. For any agenda item involving matters made confidential by these rules, any other court rules, or by law.(B) During the Performance Evaluation Process. To promote open and frank discussion and accuracy in the performance evaluation process, during: (i) discussion of whether a judge "meets" or "does not meet" judicial performance standards;(ii) presentation and discussion of a judge's written comment submitted in response to a finding that the judge "does not meet" judicial performance standards;(iii) a judge's appearance before the Commission by invitation; and(iv) discussion of whether any judges, including judges determined to meet the Rule 5(a) judicial performance standards for retention, have opportunities for self-improvement to be relayed to the judge and the judge's conference team.(2)When Permitted. The Commission may meet in executive session at any time upon a simple majority vote for any purpose authorized by the Supreme Court or by law.(3)When Prohibited. No vote may be taken in executive session.(4)Attendance. Executive session attendance is limited to Commission members and additional persons as reasonably necessary for the Commission to perform its duties, including the taking of minutes.(5)Nondisclosure. Persons present at an executive session must not disclose the substance of executive session discussions. The Chair must instruct those present of the confidential nature of the executive session and this disclosure prohibition.Ariz. R. P. Jud. Perfor. Rev. 4
Adopted Aug. 24, 2023, effective 10/1/2023.