Cal. R. 10.1004

As amended through July 24, 2024

Rule 10.1004 - Court of Appeal administrative presiding justice

(a)Designation

(1) In a Court of Appeal with more than one division, the Chief Justice may designate a presiding justice to act as administrative presiding justice. The administrative presiding justice serves at the pleasure of the Chief Justice for the period specified in the designation order.

(2) The administrative presiding justice must designate another member of the court to serve as acting administrative presiding justice in the administrative presiding justice's absence. If the administrative presiding justice does not make that designation, the Chief Justice must do so.

(3) In a Court of Appeal with only one division, the presiding justice acts as the administrative presiding justice.

(b)Responsibilities

The administrative presiding justice is responsible for leading the court, establishing policies, promoting access to justice for all members of the public, providing a forum for the fair and expeditious resolution of disputes, and maximizing the use of judicial and other resources.

(c)Duties

The administrative presiding justice must perform any duties delegated by a majority of the justices in the district with the Chief Justice's concurrence. In addition, the administrative presiding justice has responsibility for the following matters:

(1)Personnel

The administrative presiding justice has general direction and supervision of the clerk/executive officer and all court employees except those assigned to a particular justice or division;

(2)Unassigned matters

The administrative presiding justice has the authority of a presiding justice with respect to any matter that has not been assigned to a particular division;

(3)Judicial Council

The administrative presiding justice cooperates with the Chief Justice and any officer authorized to act for the Chief Justice in connection with the making of reports and the assignment of judges or retired judges under article VI, section 6 of the California Constitution;

(4)Transfer of cases

The administrative presiding justice cooperates with the Chief Justice in expediting judicial business and equalizing the work of judges by recommending, when appropriate, the transfer of cases by the Supreme Court under article VI, section 12 of the California Constitution;

(5)Administration

The administrative presiding justice supervises the administration of the court's day-to-day operations, including personnel matters, but must secure the approval of a majority of the justices in the district before implementing any change in court policies;

(6)Budget

The administrative presiding justice has sole authority in the district over the budget as allocated by the Chair of the Judicial Council, including budget transfers, execution of purchase orders, obligation of funds, and approval of payments; and

(7)Facilities

The administrative presiding justice, except as provided in (d), has sole authority in the district over the operation, maintenance, renovation, expansion, and assignment of all facilities used and occupied by the district.

(Subd (c) amended effective January 1, 2018; previously amended effective January 1, 2007.)

(d)Geographically separate divisions

Under the general oversight of the administrative presiding justice, the presiding justice of a geographically separate division:

(1) Generally directs and supervises all of the division's court employees not assigned to a particular justice;

(2) Has authority to act on behalf of the division regarding day-to-day operations;

(3) Administers the division budget for day-to-day operations, including expenses for maintenance of facilities and equipment; and

(4) Operates, maintains, and assigns space in all facilities used and occupied by the division.

Cal. R. Ct. 10.1004

Rule 10.1004 amended effective 1/1/2018; amended and renumbered effective 1/1/2007; repealed and adopted as rule 75 effective 1/1/2005.