Invitations to Comment

Public comments

Please note that comments received will become part of the public record. You may submit comments online, or e-mail them as specified beneath each proposal below.

Proposals Open for Public Comment by Topic


SP19-10 Judicial Branch Administration: Policies on Workplace Conduct (PDF, 166 KB)
Item Number: SP19-10
Deadline for Comments: November 15, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

To promote improvement and greater consistency in how judicial branch entities prevent and address harassment, discrimination, retaliation, and inappropriate workplace conduct based on a protected classification, the Rules and Projects Committee (RUPRO) proposes a new rule of court to establish standardized baseline requirements for court policies on the prevention, reporting, and resolution of these types of complaints. This proposal originated from recommendations made by the Work Group for the Prevention of Discrimination and Harassment, appointed by Chief Justice Tani G. Cantil-Sakauye. Those recommendations, including a recommendation to adopt a rule on these issues, were approved by the Judicial Council on July 19, 2019.

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SP19-04 Proposed Amendments to Commentary Following Canon 2B of the Code of Judicial Ethics (PDF, 223 KB)
Item Number: SP19-04
Deadline for Comments: December 2, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Supreme Court Advisory Committee on the Code of Judicial Ethics seeks public comment on whether to add new commentary to canon 2B addressing two different issues. First, proposed commentary would state that a judge who “likes,” rates, or comments on a product, service, or business on social media may violate the canon’s prohibition against lending the prestige of judicial office to advance the pecuniary interests of others, even if the judge is not identified as a judge in the post. It would also state that a judge may not “dislike,” rate negatively, or submit negative comments about a product, service, or business on the Internet. Second, proposed commentary would add a cross-reference to canon 4C(3)(d)(iv), which allows a judge to be a speaker, guest of honor, or recipient of an award for public or charitable service at a fundraising event. After receiving and reviewing comments on these proposals, the committee will make recommendations to the Supreme Court regarding the proposed amendments.

SP19-05 Proposed Amendments to Canon 3B(9) and Commentary of the Code of Judicial Ethics (PDF, 214 KB)
Item Number: SP19-05
Deadline for Comments: December 2, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Supreme Court Advisory Committee on the Code of Judicial Ethics proposes amendments to canon 3B(9) and its commentary that would allow a judge to comment publicly about a pending case that formed the basis of criticism of a judge during an election or recall campaign, provided the comment would not reasonably be expected to affect the outcome or impair the fairness of the proceeding. The proposed commentary would advise that it may be preferable for a third party, rather than the judge, to respond or issue statements in connection with the allegations concerning the decision. After receiving and reviewing comments on this proposal, the committee will make recommendations to the Supreme Court regarding the proposed amendments.

SP19-06 Proposed Amendments to Canon 4C(3)(d)(i) of the Code of Judicial Ethics (PDF, 211 KB)
Item Number: SP19-06
Deadline for Comments: December 2, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Supreme Court Advisory Committee on the Code of Judicial Ethics proposes amendments to canon 4C(3)(d)(i) and its commentary. These proposed amendments would allow a judge to solicit funds for an organization from retired judges who are not serving in the Temporary Assigned Judges Program, practicing law, or providing alternative dispute resolution services. Currently, a judge may solicit funds only from family members or “other judges,” but not from subordinate judicial officers, temporary judges, or any retired judges. After receiving and reviewing comments on this proposal, the committee will make recommendations to the Supreme Court regarding the proposed amendments.

SP19-07 Proposed Amendment to Canon 4E(1) of the Code of Judicial Ethics (PDF, 156 KB)
Item Number: SP19-07
Deadline for Comments: December 2, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Supreme Court Advisory Committee on the Code of Judicial Ethics proposes amending canon 4E(1) to allow a judge to act as a health care representative for a person whose preexisting relationship with the judge would prevent the judge from hearing a case involving that person. Currently, the canon prohibits a judge from acting as a fiduciary except for family members. After receiving and reviewing comments on this proposal, the committee will make recommendations to the Supreme Court regarding the proposed amendment.

SP19-08 Proposed Amendments to Commentary Following Canon 5A of the Code of Judicial Ethics (PDF, 155 KB)
Item Number: SP19-08
Deadline for Comments: December 2, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Supreme Court Advisory Committee on the Code of Judicial Ethics proposes amendments to the commentary following canon 5A. The canon prohibits a judge from publicly endorsing or opposing a candidate for nonjudicial office. The commentary states that a judge, however, may publicly endorse a judicial candidate because judges are uniquely qualified to assess a judicial candidate’s suitability for judicial office. The proposed amendment would also allow a judge to publicly oppose a judicial candidate. After receiving and reviewing comments on this proposal, the committee will make recommendations to the Supreme Court regarding the proposed amendments.

SP19-09 Proposed Amendment to Commentary Following Canon 5B(4) of the Code of Judicial Ethics (PDF, 214 KB)
Item Number: SP19-09
Deadline for Comments: December 2, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Supreme Court Advisory Committee on the Code of Judicial Ethics proposes amending the commentary following canon 5B(4) to add a cross-reference to Government Code section 8314. That statute prohibits elected officials from using public resources, including buildings, telephones, and state-compensated time, for a campaign activity. After receiving and reviewing comments on this proposal, the committee will make recommendations to the Supreme Court regarding the proposed amendment.

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SP19-04 Proposed Amendments to Commentary Following Canon 2B of the Code of Judicial Ethics (PDF, 223 KB)
Item Number: SP19-04
Deadline for Comments: December 2, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Supreme Court Advisory Committee on the Code of Judicial Ethics seeks public comment on whether to add new commentary to canon 2B addressing two different issues. First, proposed commentary would state that a judge who “likes,” rates, or comments on a product, service, or business on social media may violate the canon’s prohibition against lending the prestige of judicial office to advance the pecuniary interests of others, even if the judge is not identified as a judge in the post. It would also state that a judge may not “dislike,” rate negatively, or submit negative comments about a product, service, or business on the Internet. Second, proposed commentary would add a cross-reference to canon 4C(3)(d)(iv), which allows a judge to be a speaker, guest of honor, or recipient of an award for public or charitable service at a fundraising event. After receiving and reviewing comments on these proposals, the committee will make recommendations to the Supreme Court regarding the proposed amendments.

SP19-05 Proposed Amendments to Canon 3B(9) and Commentary of the Code of Judicial Ethics (PDF, 214 KB)
Item Number: SP19-05
Deadline for Comments: December 2, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Supreme Court Advisory Committee on the Code of Judicial Ethics proposes amendments to canon 3B(9) and its commentary that would allow a judge to comment publicly about a pending case that formed the basis of criticism of a judge during an election or recall campaign, provided the comment would not reasonably be expected to affect the outcome or impair the fairness of the proceeding. The proposed commentary would advise that it may be preferable for a third party, rather than the judge, to respond or issue statements in connection with the allegations concerning the decision. After receiving and reviewing comments on this proposal, the committee will make recommendations to the Supreme Court regarding the proposed amendments.

SP19-06 Proposed Amendments to Canon 4C(3)(d)(i) of the Code of Judicial Ethics (PDF, 211 KB)
Item Number: SP19-06
Deadline for Comments: December 2, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Supreme Court Advisory Committee on the Code of Judicial Ethics proposes amendments to canon 4C(3)(d)(i) and its commentary. These proposed amendments would allow a judge to solicit funds for an organization from retired judges who are not serving in the Temporary Assigned Judges Program, practicing law, or providing alternative dispute resolution services. Currently, a judge may solicit funds only from family members or “other judges,” but not from subordinate judicial officers, temporary judges, or any retired judges. After receiving and reviewing comments on this proposal, the committee will make recommendations to the Supreme Court regarding the proposed amendments.

SP19-07 Proposed Amendment to Canon 4E(1) of the Code of Judicial Ethics (PDF, 156 KB)
Item Number: SP19-07
Deadline for Comments: December 2, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Supreme Court Advisory Committee on the Code of Judicial Ethics proposes amending canon 4E(1) to allow a judge to act as a health care representative for a person whose preexisting relationship with the judge would prevent the judge from hearing a case involving that person. Currently, the canon prohibits a judge from acting as a fiduciary except for family members. After receiving and reviewing comments on this proposal, the committee will make recommendations to the Supreme Court regarding the proposed amendment.

SP19-08 Proposed Amendments to Commentary Following Canon 5A of the Code of Judicial Ethics (PDF, 155 KB)
Item Number: SP19-08
Deadline for Comments: December 2, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Supreme Court Advisory Committee on the Code of Judicial Ethics proposes amendments to the commentary following canon 5A. The canon prohibits a judge from publicly endorsing or opposing a candidate for nonjudicial office. The commentary states that a judge, however, may publicly endorse a judicial candidate because judges are uniquely qualified to assess a judicial candidate’s suitability for judicial office. The proposed amendment would also allow a judge to publicly oppose a judicial candidate. After receiving and reviewing comments on this proposal, the committee will make recommendations to the Supreme Court regarding the proposed amendments.

SP19-09 Proposed Amendment to Commentary Following Canon 5B(4) of the Code of Judicial Ethics (PDF, 214 KB)
Item Number: SP19-09
Deadline for Comments: December 2, 2019 5:00 PM (Pacific)
Submit Comment Online Or, email: invitations@jud.ca.gov

The Supreme Court Advisory Committee on the Code of Judicial Ethics proposes amending the commentary following canon 5B(4) to add a cross-reference to Government Code section 8314. That statute prohibits elected officials from using public resources, including buildings, telephones, and state-compensated time, for a campaign activity. After receiving and reviewing comments on this proposal, the committee will make recommendations to the Supreme Court regarding the proposed amendment.

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