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Court Rules

California Rules of Court

Rule 10.1016. Notice of failure to perform judicial duties

Cal. Rules of Court, rule 10.1016

Current text effective January 1, 2007.

#(a) Notice

#(1) The Chief Justice or presiding justice must notify the Commission on Judicial Performance of a reviewing court justice's:

#(A) Substantial failure to perform judicial duties, including any habitual neglect of duty; or

#(B) Disability-caused absences totaling more than 90 court days in a 12-month period, excluding absences for authorized vacations and for attending schools, conferences, and judicial workshops.

#(2) If the affected justice is a presiding justice, the administrative presiding justice must give the notice.

#

(Subd (a) amended effective January 1, 2007.)

#(b) Copy to justice

The Chief Justice, administrative presiding justice, or presiding justice must give the affected justice a copy of any notice under (a).

#History

Rule 10.1016 amended and renumbered effective January 1, 2007; repealed and adopted as rule 78 effective January 1, 2005.

What this rule requires

Document Filing Requirements

  • (A) Substantial failure to perform judicial duties, including any habitual neglect of duty; or

  • (B) Disability-caused absences totaling more than 90 court days in a 12-month period, excluding absences for authorized vacations and for attending schools, conferences, and judicial workshops.

  • (2) If the affected justice is a presiding justice, the administrative presiding justice must give the notice.

  • The Chief Justice, administrative presiding justice, or presiding justice must give the affected justice a copy of any notice under (a).

Official text: courts.ca.gov , checked October 19, 2026.