D.C. Mun. Regs. tit. 28, r. 28-2030

Current through Register 71, No. 45, November 7, 2024
Rule 28-2030 - EVALUATION OF ASSOCIATE JUDGE CANDIDATES FOR REAPPOINTMENT
2030.1

Not less than six (6) months prior to the expiration of his or her term of office, a judge seeking reappointment for a fifteen (15) year term as an associate judge shall file with the Commission a declaration in writing of candidacy for reappointment. If a declaration is not so filed by any judge, a vacancy shall result from the expiration of the term of office and shall be filled by appointment in accordance with D.C. Code Title 1 §§1-204-33(a)-(c).

2030.2

Judges shall be urged to file the declaration well in advance of the six (6) month minimum, and shall, if possible, file the declaration nine (9) months prior to the expiration of his or her term.

2030.3

Contemporaneous with his or her declaration but not less than six (6) months prior to expiration of his or her term, the candidate shall submit to the Commission a written statement, including illustrative materials, reviewing the significant aspects of his or her judicial activities and accomplishments that the judge believes may be helpful to the Commission in its evaluation of his or her candidacy. The written statement shall include, but is not limited to, a summary of the judge's history of judicial appointments, calendar and committee assignments, training and education, speaking engagements, awards and accolades, community service activities, as well as illustrative materials that highlight the judge's written and analytical skills.

2030.4

All declarations, written submissions, and illustrative materials must be submitted electronically as directed by the Commission or its staff. Paper records will no longer be accepted.

2030.5

Contemporaneous with his or her declaration, but not less than six (6) months prior to the expiration of his or her term, a judge seeking reappointment shall submit on forms provided by the Commission a report of an examination by a physician together with a statement of such physician which attests to the physical and mental fitness of the judge to perform his or her judicial duties.

2030.6

When deemed appropriate by the Commission, a judge seeking reappointment shall submit to a physical and/or mental examination by a health care professional designated by the Commission after consultation with the judge. The physician's report shall be given in writing to the Commission. Such examination and report shall be at the judge's expense, unless the Commission grants a waiver based on extraordinary circumstances. Such examination is a condition of continued judicial service pending the Commission's decision on the request for reappointment.

2030.7

Contemporaneous with his or her declaration, or at the Commission's request, a judge required to submit to an examination as prescribed in §§ 2030.5 or 2030.6 shall provide the Commission or its authorized designee with all waivers and releases necessary to consult with the health care professional and the judge's physician and to authorize the Commission to receive all medical records, reports, and information from any medical person, medical institution or other facility regarding the judge's physical or mental condition.

2030.8

The failure of a judge to submit to a physical or mental examination or to provide waivers and releases as required by §§ 2030.5, 2030.6, and 2030.7 may be considered by the Commission adversely to the judge.

2030.9

Copies of all medical records, reports, and information received by the Commission shall be provided to the judge at his or her request.

D.C. Mun. Regs. tit. 28, r. 28-2030

: Final Rulemaking published at 24 DCR 9391, 9410-11 (May 5, 1978); as amended by Final Rulemaking published at 34 DCR 2190-92 (April 3, 1987); Final Rulemaking published at 37 DCR 6032, 6043 (September 14, 1990); and Final Rulemaking published at 39 DCR 9333, 9344 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); amended by Final Rulemaking published at 64 DCR 6302 (7/7/2017); amended by Final Rulemaking published at 66 DCR 12406 (9/20/2019); amended by Final Rulemaking published at 71 DCR 3224 (3/22/2024); amended by Final Rulemaking published at 71 DCR 9641 (8/2/2024)