IN MATTER OF AME ARI CODE OF JUD ADMIN

Full title: In the Matter of: AMENDING ARIZONA CODE OF JUDICIAL ADMINISTRATION …

Court: Supreme Court of Arizona

Date published: Nov 6, 2009

Administrative Order No. 2009-113, 2009-110 (Ariz. Nov. 6, 2009)

Opinion

Administrative Order No. 2009-113, 2009-110

November 6, 2009.

REBECCA WHITE BERCH Chief Justice.

An amendment to the above-captioned provision of the Arizona Code of Judicial Administration having come before the Arizona Judicial Council on October 21, 2009, and having been approved and recommended for adoption,

Therefore, pursuant to Article VI, Section 3, of the Arizona Constitution,

IT IS ORDERED that Arizona Code of Judicial Administration § 1-107 is amended as indicated in the attached document. All other provisions of § 1-107 as previously adopted, remain unchanged and in effect.

Dated this 6th day of November, 2009.

ARIZONA CODE OF JUDICIAL ADMINISTRATION Part 1: Judicial Branch Administration Chapter 1: Leadership Section 1-107: Commission on Minorities in the Judiciary

A. General Purpose. The Commission on Minorities in the Judiciary is established as a standing committee of the Arizona Judicial Council. The commission assists the Council in carrying out its concerns for the status of minorities in the judicial department and in the legal profession in Arizona. These concerns include a desire to accelerate progress in removing barriers to achieving racial equality and equal justice, to increase the number of qualified minority applicants available for service as judicial officers, including pro tems and commissioners, and to expand the number of minorities employed as staff and professionals in the judicial department. The commission will devise strategies and develop programs with short-and long-term goals that will:

1. Achieve a meaningful increase in the number of vendors under contract to the Administrative Office of the Courts (AOC) who employ minority staff and professionals to provide specialized psychological, and therapeutic treatment services for minority youth offenders Promote the use of treatment providers who are competent to meet the needs of a diverse population of court supervised individuals;

2. Where appropriate, encourage a meaningful increase in the number of minorities employed throughout the judicial department as clerical, administrative and professional staff, with priority given to efforts to recruit qualified minority juvenile and adult probation officers and staff;

3. Coordinate with other public and private sector programs that seek to address the problems created by the over-representation of minority youth in the juvenile justice system;

4. Institute a judicial candidates' career conference to provide information and training for minority applicants who are seeking judicial positions;

5. Encourage minority group members to obtain internships, clerkships, and participate in other career development and training programs for judicial, legal and law-related positions; and

6. Make recommendations to the Arizona Judicial Council that help the judicial department become more accessible to all people.

B. Membership and Terms . Members shall be selected from among the following: judicial officers in the state courts; juvenile probation, detention, and corrections; diversity bar associations; the Administrative Office of the Courts (AOC); universities and community colleges; community relations offices; the Governor's Office for Children, Youth, and Families; and such other categories as the chief justice may deem appropriate. B C . Terms. The chief justice will appoint a chair, vice chair and members of the commission for terms of varying lengths to encourage continuity. Members will serve three year terms. Commission members may be reappointed for successive terms. C D . Responsibilities of Members. Commission members will attend and actively participate in commission meetings and shall serve on advisorysubcommittees as deemed necessary meetings.

D E . Organization. The chair may appoint members to advisory subcommittees to assist the commission in carrying out its responsibilities.

E F . Meetings. The commission will meet no less than twice a year. Additional meetings may be called at the discretion of the commission chair. All meetings will comply with the judicial department's open public meeting policy., ACJA § 1-202, and the following requirements:

1. Quorum. A simple majority (50% +1) of the current commission membership shall constitute a quorum.

2. Virtual Attendance (attendance by remote electronic means). The commission chair may designate a meeting as a virtual attendance meeting. Otherwise commission members may virtually attend a meeting with prior approval of the chair. Staff shall ensure public access to the virtual meeting.

F G . Actions. The commission will adopt rules of procedure for conducting commission business. These rules will prescribe the minimum attendance for a quorum, the use of proxies and the sizes, of any majority vote required to authorize actions at any commission meeting. Approval of a majority of those voting shall constitute an action of the commission. A commission member may designate a proxy in accordance with ACJA § 1-104 and the following requirements:

1. Members may not use the proxy prevision more than once every 12 months.

2. If a member needs to designate a proxy, the member must submit a written request to the chair for approval. If approved by the chair, the designated proxy must comply with the provisions of ACJA § 1-104(D) and commission policies.

G H . Staff. Under the direction of the chief justice, the AOC shall provide staff for the commission and as feasible, may conduct or coordinate research as recommended by the commission.

H I . Funding. The commission, with the assistance of the AOC, may seek grant funding from local, state and national organizations for its expenses of operation, including expert advice and consultations. To the extent available funds are allocated by the director of the AOC for this purpose, supreme court funds may also be used to partially or fully fund the commission's expenses.