What does the Judicial Council actually do?

There appears to be quite a bit of rampant confusion as to the function of the  judicial council.  In the State of California it acts as the policy making body for the court system, with a number of sub committees responsible for defining said policies to establish a uniform environment for all trial courts. However, as the general public is very well aware it is practically toothless.   The judicial council maintains that it cannot intervene in individual cases. The general public is not asking that the judicial council intervene in individual cases, rather that it adheres to and enforces a uniform policy guideline requirement that it has stipulated for all trial courts, in the public interest. Not doing so violates the equal protection standard mandated by the 14th amendment, as a trial court’s failure to adhere to uniform policy guidelines suggests that it is practicing invidious discrimination against certain members of  the public, which could be defined as a class.

The public has a vested interested in an impartial tribunal, a service which the trial courts in California do not offer. Rather, the justice system has become a lunatic mockery of a self serving judiciary that plays games with the public rather than adhering to the law.  There is rampant and malicious abuse of the system where a uniform application of the law and policy guidelines are thrown out of the window.

There are also examples where the judicial council itself does not apply the forms it has developed to the existing law creating considerable confusion when the statute itself is clearly defined.

For the interested public California title ten rules of court define the judicial council’s function as follows:

Rule 10.13. Rules and Projects Committee

(a) Rules, standards, and forms

The Rules and Projects Committee establishes and maintains a rule-making process that is understandable and accessible to justice system partners and the public. The committee:

(1)Identifies the need for new rules, standards, and forms;

(2)Establishes and publishes procedures for the proposal, adoption, and approval of rules of court, forms, and standards of judicial administration that ensure that relevant input from the public is solicited and considered;

(3)Reviews proposed rules, standards, and forms and circulates those proposals for public comment in accordance with its procedures and guidelines.

(4)Provides guidelines for the style and format of rules, forms, and standards and ensures that proposals are consistent with the guidelines;

(5)Ensures that proposals for new or amended rules, standards, and forms do not conflict with statutes or other rules; and

(6)Determines whether proposals for new or amended rules, standards, or forms have complied with its procedures.

(Subd (a) adopted effective August 14, 2009.)

(b) Jury instructions

The committee establishes and maintains a process for obtaining public comment on the jury instructions and assists the council in making informed decisions about jury instructions.

(Subd (b) adopted effective August 14, 2009.)

(c) Recommendations

The Rules and Projects Committee assists the council in making informed decisions about rules of court, forms, standards of judicial administration, and jury instructions. The committee:

(1)Recommends whether the council should approve, modify, or reject each proposal;

(2)Recommends to the Executive and Planning Committee whether a proposal should be on the council’s consent or discussion agenda and how much time should be allocated for discussion; and

(3)When appropriate, identifies issues for discussion.

If the Rules and Projects Committee recommends against approval, it states the reasons for its recommendation.

(Subd (c) adopted effective August 14, 2009.)

(d) Circulating orders

The committee initiates circulating orders to allow the council to adopt rules, standards, and forms between council meetings, if necessary.

(Subd (d) adopted effective August 14, 2009.)

(e) Oversight of advisory committees and task forces

For those advisory committees and task forces over which it has been assigned oversight by the Chief Justice, the Rules and Projects Committee ensures that the activities of each are consistent with the council’s goals and policies. To achieve these outcomes, the committee:

(1)Communicates the council’s annual charge to each; and

(2)Reviews an annual agenda for each to determine whether the annual agenda is consistent with its charge and with the priorities established by the council.

(Subd (e) adopted effective August 14, 2009.)

(f) Responsibility of the Administrative Director of the Courts

The Administrative Director is responsible for ensuring that items submitted to the committee for circulation for comment and the council’s agenda comply with the committee’s procedures and its guidelines on format and style.

(Subd (f) adopted effective August 14, 2009.)

Rule 10.13 amended effective August 14, 2009; adopted as rule 6.13 effective January 1, 1999; previously amended effective September 1, 2003; previously amended and renumbered effective January 1, 2007.

By NewsViews Posted in Law, News

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