JUDICIAL PERFORMANCE PROGRAM

19.1. Purposes of Judicial Performance Program. The courts, the public and the legal profession have a vital interest in a responsive and respected judiciary. In its supervisory role and pursuant to its power over the court system and judges, the supreme court has determined that the periodic evaluation of a judge’s performance is a reliable method to promote judicial excellence and competence. Accordingly, the supreme court hereby establishes the Judicial Performance Program (herein called "program"). The purposes of the program are: (a) Improving individual judges’ performance by providing information to the Chief Justice concerning their performance; (b) Providing a potential source of information for application and retention decisions by the Judicial Selection Commission of the State of Hawaiʻi; (c) Facilitating the Chief Justice’s effective assignment and use of judges within the judiciary; (d) Improving the design and content of judicial education programs; and (e) Assisting the Chief Justice in discharging his or her responsibilities to administer the judiciary. (Amended effective June 14, 1996.) 19.2. Jurisdiction. All full-time, part-time and specially appointed justices and judges (herein called "judges") are subject to the exclusive evaluation processes of the supreme court and the special committee to be appointed by the Chief Justice to implement and administer the program. However, nothing in this rule shall be construed to attempt to limit or infringe upon the proper proceedings or authority of the Commission on Judicial Conduct or the Judicial Selection Commission. (Amended June 19, 2002, effective July 1, 2002.) 19.3. Special committee to implement and administer the program. The Chief Justice shall appoint a special committee to implement and administer the program according to such procedures deemed necessary by the committee and approved by the supreme court. The committee shall consist of thirteen members - three nonlawyers, the administrative director of the judiciary, six members of the bar of the supreme court, and three judges. The Chief Justice shall designate the chair and vice-chair of the committee and the length of terms of all committee members. The committee shall have the following powers and duties: (a) To promulgate, subject to the supreme court’s approval, the procedures to be followed by the committee in implementing and administering the program; (b) To conduct periodic evaluation of performance of judges by use of appropriate evaluation procedures approved by the supreme court; and (c) To take any other action reasonably related to the committee’s powers and duties. The administrative director of the judiciary shall provide staff and other assistance to the committee to enable the committee to fulfill its duties under this rule. The chair of the committee may appoint subcommittees (comprised only of committee members) as may be appropriate. The committee shall act only with the concurrence of seven of its members. Members shall receive no compensation for their services but may be reimbursed for their travelling and other expenses incidental to the performance of their duties. 19.4. Judicial performance evaluation criteria. The committee shall develop, implement and administer the program to ensure that judges are evaluated according to the following criteria: (a) Legal ability; (b) Judicial management skills; (c) Comportment; and (d) Any other criteria established by the committee and approved by the supreme court. 19.5. Confidentiality. (a) Respondent confidentiality. The program shall be implemented and administered so that the identity of any person responding to the evaluation process is kept confidential from all judges. Further, the identity of persons responding to the evaluation process shall be privileged from discovery in any lawsuit, and shall not be available to any tribunal, board, agency, governmental entity, or person. (b) Confidentiality of information and data. All information, questionnaires, notes, memoranda, data, and/or reports obtained, used, or prepared in the implementation and administration of the program shall be privileged from discovery in any lawsuit, and shall not be made available to any tribunal, board, agency, governmental entity, or person, other than the Chief Justice. Except as otherwise provided herein, the Chief Justice shall have the sole discretion and authority to determine how the above information can be used to fulfill the purposes of the program. The committee members, and all persons who implement, administer, or tabulate data for the program shall be immune from subpoena with regard to their involvement in the program. (c) Furnishing of information and data to the judicial selection commission. The Chief Justice shall provide such information and data concerning the performance of a judge to the Judicial Selection Commission as the Commission may request in writing. All information and data furnished the Commission pursuant to this provision shall remain confidential. (d) Furnishing of summary to the evaluated judge. The Chief Justice shall in a manner consistent with the requirements of, furnish the judge evaluated a summary paragraph (a) of this section relating to respondent confidentiality of the judge’s performance as determined by the evaluation process established by this rule. (Amended August 9, 1991, effective August 9, 1991; further amended and effective June 14, 1996.) 19.6. Immunity. All documents and information obtained by or submitted to the committee or to the Chief Justice and all results of judicial evaluations are absolutely privileged and no lawsuit predicated thereon may be brought. Members of the committee and staff shall be immune from suit and liability for any conduct in the course of their duties. 19.7. Effective date. These rules shall take effect on January 1, 1991, and shall continue in effect until further order of the court. At the end of the first two years of operation of the program, the committee shall make appropriate recommendations to the court concerning any necessary modifications, amendments or alterations of the program. (Added November 27, 1990, effective January 1, 1991; amended August 9, 1991, effective August 9, 1991.)