CJA Comments on CJP Biennial Rules Review
CJA’s Commission on Judicial Performance (CJP) Work Group has submitted a response to the CJP’s Invitation to Comment on Proposed Amendments to Rules. Click HERE to access CJA’s website and view the response.
 
In short, CJA supports Rule Proposal No. 1 and 2 to further expand discovery rights for judges in connection with subpoenas for the production of documents (Rules 122 and 126). CJA further proposes several additions to the rule to clarify the timing of objections and the issuance of subpoenas.
 
CJA also supports Rule Proposal No. 3 which seeks to clarify whether the CJP or the Special Masters shall consider a motion to amend the notice of formal proceedings, although we request further clarification. (Rule 128.) CJA requests that the CJP delegate responsibility for ruling on such motions to the Special Masters.
 
Furthermore, CJA has taken the opportunity to request the CJP to consider three new proposals: (1) amend Rule 129 (Report of Masters); (2) implement new Rule 111.1 (Discovery Procedures in Preliminary Investigation); and (3) amend Rule 122 (Discovery Procedures in Formal Proceedings). 
 
CJA has again proposed that the CJP be bound by the findings of fact determined by the Special Masters during formal proceedings in determining the imposition of discipline.

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