ARTICLE 1.    GENERAL                                                        EFFECTIVE DATE:  05/04/98
RULE 102.        GENERAL PROVISIONS                              REVISED DATE:


A.    ESTABLISHMENT OF RULES: These Rules shall be titled "The Judicial Employee Merit 
        System Rules of the Superior Court in Mohave County" and shall include under the scope of 
        their coverage employees of the Superior Court Judicial Divisions, Court Administrator's Office, 
        Clerk of Superior Court, Conciliation Court, Adult and Juvenile Probation Departments, and Juvenile     
        Detention to the extent specified herein.

B.    OBJECTIVE: The Judicial Employee Merit Rules are established to provide a system of personnel 
        administration that is based on merit principles and designed to promote the following:

        1.    Competitive recruiting and selection with appointment based on job-related ability and 
               qualifications;

        2.    Providing equitable and adequate compensation as determined by the Presiding Judge or 
               designee;

        3.    Training and/or retraining employees, as needed, to assure high-quality performance;

        4.    Retaining employees on the basis of the adequacy of their performance; the correction of 
               inadequate performance; the availability of funds as determined by the Presiding Judge; and 
               separating employees whose inadequate performance cannot be corrected or which impedes or 
               impairs the operation of the justice system as determined by the Presiding Judge or designee;

        5.    Assuring fair treatment of applicants and employees in all aspects of personnel administration 
               without regard to political affiliation, race, color, national origin, gender, religious creed, age or
               disability with reasonable accommodation and with proper regard for their privacy and 
               constitutional rights as Citizens; and

        6.    Assuring that employees are protected against coercion for partisan political purposes and 
               prohibited from using their official authority to interfere with or affect the result of an election or a 
               nomination for office.

C.    STATEMENT OF MERIT RULES, LEAVES OR BENEFITS: None of the statements herein 
        are intended by reason of their publication to confer any rights or privileges or entitle employees to 
        remain employed by any division falling under the purview of these Rules.

D.    REPLACEMENT OF PRIOR RULES: These Rules supersede all previous rules, and policies 
        which applied to employees of any division falling under their purview as defined in Rule 103 of 
        this Article. All rules, policies, and procedures adopted by divisions covered under the purview of these 
        Rules will remain in full force and effect, except to the extent that the same are in conflict with these 
        Rules. To the extent that any division's rules or policies conflict with these Rules, these Rules shall 
        prevail.

E.    SEVERABILITY: If any provision of these Rules or their application to any persons or circumstances 
        is held invalid, the remainder of the Rules or the application of such provisions to other persons or 
        circumstances shall not be affected.

F.    SPECIALLY FUNDED EMPLOYEES: The administration and compensation of persons employed
        by a program financed in whole or in part by contract with Mohave County, the State of Arizona, the 
        Arizona Supreme Court or another entity shall be pursuant to terms of hire or applicable law if there is a 
        conflict with the Judicial Employee Merit System.

G.    REPRISALS: A division shall take no disciplinary or punitive action against an employee, nor impede 
        or interfere with the exercising by any employee of rights under these Rules.

H.    CONFLICT WITH FEDERAL AND STATE REQUIREMENTS: Any provision of these Rules 
        which conflicts or is inconsistent with the Arizona Revised Statutes, Federal Law, regulations or 
        standards governing the grant of federal funds or state assistance to a division shall not be applicable 
        to such divisions.

I.     AUTHORITY FOR AND ADMINISTRATION OF THE MERIT SYSTEM RULES: The 
       Presiding Judge is the Chief Executive Officer of the Superior Court and administers the Judicial 
       Employee Merit System and any related policies and procedures through the Court Administrator's 
       Office.

J.    DELEGATION OF AUTHORITY: Unless otherwise stated in these Rules, a Division Head may 
       delegate any authority granted in these Rules to a designee of their choice.

K.    AVAILABILITY OF FUNDS: The granting of any compensation, benefits and/or leaves in these 
        Rules is contingent upon the availability of funds, as determined by the Presiding Judge in consultation 
        with the Board of Supervisors.

L.    EMPLOYEE HANDBOOK: Upon approval of the Presiding Judge, the Court Administrator may 
        publish an employee handbook outlining pertinent Rules and make such handbook available to all 
        employees.

M.   JUDICIAL DIVISION OPERATING POLICIES AND PROCEDURES: These Rules do not 
        preclude Division Heads from implementing policies and procedures pertaining to the operation of 
        their respective divisions, provided that no such policy or procedure may conflict with these Rules. 
        Where any conflict exists between these Rules and the policies or procedures of any division covered 
        by these Rules, the Judicial Employee Merit System Rules shall be followed.

N.    CORRECTION OF ERRORS: The Presiding Judge or designee may correct a manifest error or 
        clear an inequity affecting an employee or an applicant for employment.

O.    SPECIAL PROGRAMS: Where the Court Administrator or Division Head has been granted 
        authority from the Presiding Judge to develop and implement special programs as pilot projects to 
        improve personnel management in the Judicial service, modifications to the Merit System Rules may 
        occur. Special programs will be designed to include a rationale and/or justification of the need for the 
        program, a statement of the fiscal impact, compliance with State and Federal Statutes, an
        implementation plan, and if appropriate, a proposed trial period not to exceed three (3) years during 
        which a program evaluation will be conducted to determine the feasibility of continuing the program.

P.    DEVIATION FROM AND REVISION TO RULES: These Rules are established as general 
        guidelines pertaining to judicial employment. No such rules can anticipate every circumstance, situation, 
        or set of facts which may arise. For this reason, the Presiding Judge may authorize deviation from 
        these Rules, as deemed necessary to maintain the effective and efficient operation of the justice system. 
        No such deviation shall be interpreted or relied upon as requiring a repeated deviation in the future for 
        the same or different persons. These Rules may only be revised upon written order of the Presiding 
        Judge.