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LCAR approves Judicial Nominating Board rule amendments (24P24) updating conflict and interview procedures

2252887 · February 6, 2025
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Summary

LCAR voted to approve rule 24P24, which updates Judicial Nominating Board procedures to reflect statutory changes and creates a presumption limiting repeat interviews for applicants who interviewed within the previous two years.

The Legislative Committee on Administrative Rules (LCAR) approved proposed amendments to the Judicial Nominating Board rules, filed as 24P24, at its Feb. 6, 2025 meeting.

Ellis Botswood, identifying herself as the immediate past chair of the Judicial Nominating Board, told the committee the package updates the board's conflict-of-interest language to reflect a recent general state employee conflict policy and revises candidate-selection criteria to mirror statutory changes adopted last year. Botswood said the edits appear in rule 5 (conflict provisions) and rule 11 (selection criteria).

Botswood said the board also adopted a new presumption to reduce repeat in-person interviews: "If you've interviewed with us in the last 2 years, the presumption is that your outcome will be the same, and we will not automatically interview you again." She also said the board will provide space on the written application for candidates to explain what has changed since a prior interview and that "4 members of the board can vote to reinterview a candidate." She added applicants may request an in-person interview as part of that explanation.

Senator Dave Weeks moved approval of 24P24; the committee approved the motion by voice vote. The transcript does not record a roll-call tally.

Botswood told the committee the board's previous practice had been to interview every applicant for every vacancy, which created many repeat interviews. The 24P24 amendments aim to provide a more structured, uniform interview process and to implement statutory changes the board said are already reflected in the proposed rule text.

LCAR aides said the board's last rules update was in 2017 and that these changes were several years in the making; they reflect both statutory revisions and internal policy decisions by the nominating board.