Cal. Rules of Court, rule 10.104 · Chapter 1. Budget and Fiscal Management
Limitation on contracting with former employees
Text — As posted by the Judicial Council of California (read October 22, 2026)
(a) Trial and appellate court contracts with former employees
A trial or appellate court may not enter into a contract for goods or services for which compensation is paid with a person previously employed by that court or by the Judicial Council:
(1) For a period of 12 months following the date of the former employee's retirement, dismissal, or separation from service, if he or she was employed in a policymaking position in the same general subject area as the proposed contract within the 12-month period before his or her retirement, dismissal, or separation; or
(2) For a period of 24 months following the date of the former employee's retirement, dismissal, or separation from service, if he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by the court or the Judicial Council.
(b) Judicial Council contracts with former employees
The Judicial Council may not enter into a contract for goods or services for which compensation is paid with a person previously employed by it:
(1) For a period of 12 months following the date of the former employee's retirement, dismissal, or separation from service, if he or she was employed in a policymaking position at the Judicial Council in the same general subject area as the proposed contract within the 12-month period before his or her retirement, dismissal, or separation; or
(2) For a period of 24 months following the date of the former employee's retirement, dismissal, or separation from service, if he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by the Judicial Council.
(c) Policymaking position
"Policymaking position" includes:
(1) In a trial court, the court's executive officer and any other position designated by the court as a policymaking position;
(2) In an appellate court, the clerk/executive officer and any other position designated by the court as a policymaking position; and
(3) In the Judicial Council, the Administrative Director, Chief of Staff, Chief Operating Officer, Chief Administrative Officer, any director, and any other position designated by the Administrative Director as a policymaking position.
(d) Scope
This rule does not prohibit any court or the Judicial Council from (1) employing any person or (2) contracting with any former judge or justice.
Notes and commentary — not rule text
History
(Subd (a) amended effective January 1, 2016.)
(Subd (b) amended effective January 1, 2016; previously amended effective January 1, 2007.)
(Subd (c) amended effective January 1, 2018; previously amended effective January 1, 2016.)
(Subd (d) amended effective January 1, 2016.)
Rule 10.104 amended effective January 1, 2018; adopted as rule 6.104 effective January 1, 2004; previously amended and renumbered as rule 10.104 effective January 1, 2007; previously amended effective January 1, 2016.
Source of truth
- Edition
- As posted by the Judicial Council of California (read October 22, 2026)
- Official file
- https://courts.ca.gov/cms/rules/index/ten/rule10_104
- Text hash
- sha256 97ac3cb4a5d77779f8cfa59a09d816646b164e52fd306124db8732d7b07871c1
- Composed by
- compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.