Our court system has their rules and allowable procedures defined in title eight rules. The Role of the Administrative Appellate Presiding Justice is defined pursuant to California Rule of Court 10.1004. In Courts of Appeals with several divisions the administrative presiding judge is responsible for defining written policies and procedures allowing the presiding judge to efficiently perform the administrative duties of that office. Those procedures of course have to be based on existing title eight rules and not a figment of someone’s imagination. The exact rules have been posted below.
Rule 10.1004. Court of Appeal administrative presiding justice
(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.
(Subd (a) amended effective January 1, 2007.)
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.
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:
The administrative presiding justice has general direction and supervision of the clerk/administrator and all court employees except those assigned to a particular justice or division;
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;
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;
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;
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
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, 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.
(Subd (d) amended effective January 1, 2007.)
Rule 10.1004 amended and renumbered effective January 1, 2007; repealed and adopted as rule 75 effective January 1, 2005.