Rule Text
Each commission shall select the three best qualified nominees. Accordingly, the commission should not limit its consideration to persons who have been suggested by others or to persons who have indicated their willingness to serve. The commission may, if it sees fit to do so, tender nomination to one or more qualified persons, prior to, and subject to, the formal action by the commission in making its nominations, in order to ascertain whether such a person will agree to serve if nominated.
Amendment history: (Adopted February 1, 1972, effective September 1, 1972. Amended May 23, 2023, effective January 1, 2024.)
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
When a judicial vacancy needs to be filled, a special commission is responsible for picking the three most qualified candidates to send forward for consideration. The commission can't just choose from people who applied or who were recommended by someone else. Instead, the commission needs to actively look for the best possible candidates, even if that means reaching out to people who haven't put their name forward.
Before making its final decision official, the commission is allowed to quietly check with a potential nominee to see if that person would actually accept the nomination if chosen. This gives the commission a chance to confirm someone's willingness to serve before going through the formal nomination process. It helps avoid the problem of naming someone who might turn down the position later.