1.1     The Executive Order provides for: (a) a State Judicial Screening Committee, (b) four Departmental Judicial Screening Committees, and (c) County Judicial Screening Committees. Each of the foregoing committees is referred to herein as a "Committee" and collectively as the "Committees".

1.2     A chairperson (the "Chair") has been appointed for each Committee. The Chair of each Committee shall preside at any meeting at which the Chair is present and, if absent, shall designate another member of the Committee to so preside.

1.3     A majority of the appointed members of a Committee shall constitute a quorum.

2.1     Meetings of a Committee may be called by the Chair or by a majority of the appointed members of any Committee.

3.1     The Committees shall undertake a thorough and objective investigation of the qualifications of candidates for judicial office within their jurisdiction ("Candidates"). Subject to the matters set forth below, the procedure, sequence and substance of each Committee's investigative efforts shall be within the discretion of the Committee. A Committee may delegate to a sub-group of the Committee, to counsel for the Committee, or as otherwise appropriate, the investigation of Candidates as contemplated herein, provided that the full Committee shall have access to the results of all such investigations.

3.2     The Committees shall review the written applications of all Candidates.

3.3     Each Committee shall endeavor to conduct interviews of as many Candidates as the Committee shall determine is reasonable in light of the content and number of applications. If interviews of every Candidate would unduly delay the process of making recommendations to the Governor as set forth in the Executive Order, a Committee or, in the Committee's discretion, the Committee Chair, may limit interviews to those Candidates who the Committee deems are most qualified based on their written applications. Interviews shall be attended in person by Committee members constituting at least half of the appointed, non-recused members, but other members may attend by telephone. For Committees with fewer than ten appointed members, interviews shall be attended in person by Committee members constituting at least half of the appointed, non-recused members, but other members may attend by telephone. No Candidate may be recommended as "highly qualified" unless that Candidate has been interviewed by the Committee.

3.4     The Committees shall review books, articles, judicial opinions, legal briefs, reports and other public writings or statements of Candidates who are interviewed to the extent the Committees consider such materials to be relevant to the Candidates' qualifications and useful for the Committees' consideration.

3.5     As to any Candidate who has held a judicial office in the five years preceding his or her application, the Committees, to the extent practicable, shall obtain the views of practicing attorneys who have appeared before the Candidate, and the Presiding Judge or other judge with administrative and/or oversight responsibilities with respect to the court in question. As to any Candidate who has been employed as a law secretary to a judge in the five years preceding his or her application, the Committees may, to the extent practicable, obtain the views of attorneys and or judges who worked with the Candidate in such a position.

3.6     As to any Candidate who has been a practicing attorney in the five years preceding his or her application, the Committees, to the extent practicable, shall obtain the views of other attorneys who have appeared opposite the Candidate in litigated matters, or who have otherwise had substantial experience with a Candidate who has little background in litigation.

3.7     To the extent that a Committee obtains information concerning a Candidate from attorneys, judges or other persons as contemplated by sections 3.5 and 3.6 herein, the identity of such persons shall be kept in strict confidence and shall not be disclosed to any person other than the members of the Committee conducting the investigation of the Candidate.

3.8     The Committees shall conduct such other investigation as they deem appropriate in order to gain a full understanding of a Candidate's qualifications for the office for which he or she is being considered.

4.1     In reviewing and evaluating the qualifications of Candidates, each Committee member shall give primary consideration to each Candidate's integrity, independence, intellect, legal ability, judgment, temperament and experience, and shall not give any consideration to the age, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics, marital status or political party affiliation of the Candidate.

4.2     With respect to each Candidate, the relevant Committee shall make a determination as to whether the Candidate is "highly qualified" for the office for which the Candidate is being considered. As provided in Section A.2.c of the Executive Order, the Committee shall recommend for appointment or designation by the Governor, only those Candidates who are determined to be "highly qualified."

4.3     The designation of "highly qualified" shall be reserved for those Candidates who are outstanding members of the legal profession in their community; have outstanding legal ability, intellect, judgment, breadth of experience, and the highest reputation for integrity; and either demonstrate or exhibit the capacity for appropriate judicial temperament.

4.4     Whether a Candidate is "highly qualified" and should receive the Committee's recommendation shall be determined by majority vote of the non-recused appointed members of the relevant Committee. Committee members shall personally cast their votes (not by proxy), which votes may be cast in person at a meeting of the Committee or by such other means (e.g. telephone or e-mail) as determined to be acceptable by the Committee.

4.5     The Committee shall inform each Candidate as to whether that Candidate was recommended to the Governor for appointment or designation. The timing and form of such disclosure shall be within the discretion of each Committee.

5.1     Each Committee shall prepare a written report (the "Report") on the qualifications of any Candidate it determines to be "highly qualified" and which it recommends to the Governor for appointment or designation. The Report shall be in a form similar to the sample Report attached hereto as Attachment "A". The Report shall constitute the written report contemplated in Section A.2.d of the Executive Order.

5.2     Nothing herein shall limit, restrict or prevent any Committee from communicating with the Governor, his Counsel or their designees concerning Candidates or their qualifications, including communications in addition to the Report contemplated in Section 5.1 hereof. Any such communications shall be held in confidence and shall not be disclosed to anyone other than the Governor, his Counsel or their designees.

5.3     Other than as provided for in Section A.2.d of the Executive Order and Section 4.5 hereof, all records and deliberations of and communications to any of the Committees shall be held in confidence and shall not be disclosed to anyone other than the Governor, his Counsel, and their designees.

6.1     Each Committee shall actively recruit Candidates for appointment or designation to the judicial offices within the Committee's jurisdiction. In recruiting Candidates, the Committees shall strive to find candidates that reflect the diverse backgrounds and experiences of the citizens of the State, including but not limited to diversity in the types of law practices and legal experience of the Candidates.

6.2     The fact that a Committee member participated in the recruitment or encouragement of a Candidate to submit an application shall not, by itself, constitute grounds for recusal under the provisions of Section 7 hereof.

7.1     It is the Committees' intention that the process by which they evaluate judicial candidates be fair both to the public and to the Candidates, and that the process also be perceived as fair. These principles should guide the implementation of the following rules.

7.2     A member of a Committee should recuse himself or herself from participating in the investigation of, interview of, and vote on the qualifications of a Candidate, where the member or, to the member's knowledge, the member's employer, law firm, law partner or family member, has a relationship with a Candidate, or with another Candidate competing for the same office, which could reasonably render the member's participation unfair to the public or any Candidate, or which might cause others reasonably to perceive that such participation is inappropriate or unfair. Reasons for such recusal may, depending on the particular circumstances, include a business, professional or family association, active political support by either the member or the member's employer, law firm, law partner, or family member, or any other close or adversarial relationship, whether of a public or private nature. Nothing herein shall require a Committee member to make inquiry of his or her law partners, law firm or employer as to their relationships with Candidates.

7.3     The appropriateness of a Committee member's participation may be raised by the member or by any other member, either privately with the Chair or to the members of the Committee present at the meeting. Every effort, however, should be made to raise the question first directly with the member whose participation is being questioned. If necessary, the appropriateness of a member's participation may be decided by the Chair or, in the discretion of the Chair, by a majority of the members of the Committee present at the meeting.

7.4     The recusal of a member shall not preclude that member from offering to the Committee factual information or opinion about the Candidate in question, or being present during deliberations of the Committee regarding the Candidate, provided that the member first discloses to the Committee the fact of, and reasons for, his or her recusal. The member, however, should not otherwise participate in the investigation, or be present in the Committee room during the interview of the Candidate.

7.5     Without in any way limiting the foregoing, the following circumstances shall constitute grounds for a Committee member's recusal from the consideration of a Candidate:

(a)     The member has, at any time since his or her appointment as a member of the Committee, served as a member of a committee for, made a financial contribution to, or actively participated in any campaign for the Candidate, provided that a contribution to a political party shall not be considered a contribution to a particular Candidate; or,

(b)     The member is personally litigating a pending case before a Candidate who is currently a judge.