|     printer icon  Printer-friendly version of this page

2014 California Rules of Court

Rule 10.5. Notice and agenda of council meetings

(a) Generally

The Judicial Council meets at the call of the Chief Justice no fewer than four times a year.

(Subd (a) amended effective January 1, 2004.)

(b) Meeting schedule

The Administrative Office of the Courts must publish a regular annual schedule that states the planned date, purpose, and location of each meeting. Additional meetings may be scheduled as necessary.

(Subd (b) amended effective January 1, 2007; previously amended effective January 1, 2004.)

(c) Notice of business meetings

"Business meetings" are council meetings at which a majority of voting members are present to discuss and decide matters within the council's jurisdiction. The Administrative Office of the Courts must give public notice of the date, location, and agenda of each business meeting at least seven days before the meeting. The notice must state whether the meeting is open or closed. If the meeting is partly closed, the notice must indicate which agenda items are closed. A meeting may be conducted without notice in case of an emergency requiring prompt action.

(Subd (c) amended effective January 1, 2004.)

(d) Budget meetings

A "budget meeting" is that portion of any business meeting at which trial court budgets are to be discussed. The Administrative Office of the Courts must provide notice of a budget meeting in the same manner as any other business meeting. Budget meetings normally are scheduled as follows:

(1)A budget priority meeting, normally in February of each year, at which the Judicial Council adopts budget priorities for the trial courts for the budget year that begins July 1 of the next calendar year.

(2)A meeting at which the proposed budget is approved, normally in August of each year, at which the Judicial Council takes action on the following:

(A)Staff recommendations on trial court budget change requests for the next fiscal year;

(B)A total baseline budget for each trial court for the next fiscal year; and

(C)Any proposed changes in funding for a trial court.

(3)A budget allocation meeting, normally at the first council meeting after the state's budget is enacted, at which the Judicial Council approves the final budget allocations for each trial court, including approved budget adjustments.

(4)Other meetings following substantive changes to the trial court portion of the proposed State Budget made by the Governor in the proposed Governor's budget or by a committee or house of the Legislature, at which the Judicial Council will take appropriate action, if any.

(Subd (d) adopted effective January 1, 2004.)

(e) Form of notice

The notice and agenda for council meetings must be posted at the Administrative Office of the Courts and on the California Courts Web site (www.courtinfo.ca.gov). In addition, the notice and agenda for budget meetings must be provided to designated employee representatives who have submitted a written request to the Administrative Office of the Courts (attention Secretariat).

(Subd (e) amended effective January 1, 2007; adopted as subd (d); previously amended and relettered effective January 1, 2004.)

(f) Contents of agenda

The agenda must contain a brief description of each item to be considered at the council meeting. All items are classified as discussion items, consent items, or informational items.

(1)Consent items deemed approved

All consent items are deemed approved without further action at the adjournment of each council meeting.

(2)Moving consent items to discussion agenda

A consent item must be moved to the discussion agenda if a council member so requests by giving 48 hours' advance notice to the Executive and Planning Committee, or if the Chief Justice moves the item to the discussion agenda.

(Subd (f) amended and relettered effective January 1, 2004; adopted as subd (e).)

(g) Meeting materials

(1)General materials

General meeting materials must be distributed to council members at least three business days before the date of the meeting, except in extraordinary circumstances. The Administrative Director may make copies of materials available to the media or attendees in advance of a business meeting and may specify that the materials are provided on agreement by the recipient that they will be kept confidential until the council has discussed or acted on specified items. The council may charge a fee to cover the costs of replicating and mailing these materials to members of the public.

(2)Budget materials

(A)When available

Materials involving trial court budgets must be made available at least five business days before the meeting if they have been distributed by that time to the members of the council. All other materials involving trial court budgets must be made available at the same time as the information is distributed to the council.

(B)Distribution

Materials must be made available by posting on the California Courts Web site and by distribution to designated employee representatives who have submitted a written request to the Administrative Office of the Courts (attention Secretariat).

(C)Contents at the budget approval meeting

Materials involving trial court budget proposals presented at the budget approval meeting must include proposed statewide requests for funding, existing trial court baseline budgets, adjustments proposed for any trial court baseline budget, and any court-specific budget change requests.

(Subd (g) amended effective January 1, 2007; adopted as subd (f); previously amended and relettered effective January 1, 2004.)

(h) Circulating orders

Between business meetings, the council may act by circulating order on urgent matters if the Chief Justice or the Administrative Director approves. Prior public notice of a proposed circulating order is not required. Each circulating order adopted by the council must be included on the agenda for the next business meeting as an information item.

(Subd (h) amended and relettered effective January 1, 2004; adopted as subd (g).)

Rule 10.5 amended and renumbered effective January 1, 2007; adopted as rule 6.5 effective January 1, 1999; previously amended effective January 1, 2004.

[ Back to Top ]