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2016 California Rules of Court

Rule 10.104. Limitation on contracting with former employees

(a) Trial and appellate court contracts with former employees

A trial or appellate court may not enter into a contract for goods or services for which compensation is paid with a person previously employed by that court or by the Judicial Council:

(1)For a period of 12 months following the date of the former employee's retirement, dismissal, or separation from service, if he or she was employed in a policymaking position in the same general subject area as the proposed contract within the 12-month period before his or her retirement, dismissal, or separation; or

(2)For a period of 24 months following the date of the former employee's retirement, dismissal, or separation from service, if he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by the court or the Judicial Council.

(Subd (a) amended effective January 1, 2016.)

(b) Judicial Council contracts with former employees

The Judicial Council may not enter into a contract for goods or services for which compensation is paid with a person previously employed by it:

(1)For a period of 12 months following the date of the former employee's retirement, dismissal, or separation from service, if he or she was employed in a policymaking position at the Judicial Council in the same general subject area as the proposed contract within the 12-month period before his or her retirement, dismissal, or separation; or

(2)For a period of 24 months following the date of the former employee's retirement, dismissal, or separation from service, if he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by the Judicial Council.

(Subd (b) amended effective January 1, 2016; previously amended effective January 1, 2007.)

(c) Policymaking position

"Policymaking position" includes:

(1)In a trial court, the court's executive officer and any other position designated by the court as a policymaking position;

(2)In an appellate court, the clerk/administrator and any other position designated by the court as a policymaking position; and

(3)In the Judicial Council, the Administrative Director, Chief of Staff, Chief Operating Officer, Chief Administrative Officer, any director, and any other position designated by the Administrative Director as a policymaking position.

(Subd (c) amended effective January 1, 2016.)

(d) Scope

This rule does not prohibit any court or the Judicial Council from (1) employing any person or (2) contracting with any former judge or justice.

(Subd (d) amended effective January 1, 2016.)

Rule 10.104 amended effective January 1, 2016; adopted as rule 6.104 effective January 1, 2004; previously amended and renumbered as rule 10.104 effective January 1, 2007.

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