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2014 California Rules of Court

Standard 10.11. General judicial education standards

(a) Judicial education generally

Judicial education for all judicial officers is essential to enhancing the fair and efficient administration of justice. Judicial officers should consider participation in judicial education activities to be an official judicial duty. The responsibility for planning, conducting, and overseeing judicial education properly rests in the judiciary.

(Subd (a) amended effective January 1, 2007; previously amended effective January 1, 1999.)

(b) Responsibilities of presiding judges and justices

Presiding judges and justices should establish judicial education plans for their courts that facilitate the participation of judicial officers as both students and faculty at judicial education programs, as prescribed by the California Rules of Court and these standards. They should also use their assignment powers to make appropriate replacements for judicial officers assigned to special calendar courts to permit them to participate in judicial education activities.

(Subd (b) amended effective January 1, 2007; previously amended effective January 1, 1999.)

(c) Judicial educational objectives

Judicial officers, educational committees, and others who plan educational programs should endeavor to achieve the objectives specified in standard 10(c).

(Subd (c) amended effective January 1, 2007; previously amended effective January 1, 1999.)

(d) Continuing judicial education

After a judicial officer has completed the first year on the bench, the court should grant the judicial officer at least eight court days per calendar year to attend continuing education programs relating to the judicial officer's responsibilities or court assignment. The judicial officer should participate in education activities related to particular judicial assignments as specified in standard 10.12.

(Subd (d) amended and relettered effective January 1, 2007; adopted as subd (e) effective January 1, 1990; previously amended effective January 1, 1999.)

(e) Education for retired judges sitting on assignment

Retired judges seeking to sit on regular court assignment should participate in education activities in order to comply with the requirements of the Chief Justice's Standards and Guidelines for Judges Who Serve on Assignment.

(Subd (e) amended and relettered effective January 1, 2007; adopted as subd (f) effective January 1, 1999.)

(f) Fairness education

In order to achieve the objective of assisting judicial officers in preserving the integrity and impartiality of the judicial system through the prevention of bias, all judicial officers should receive education on fairness. The education should include instruction on race and ethnicity, gender, sexual orientation, persons with disabilities, and sexual harassment.

(Subd (f) amended and relettered effective January 1, 2007; adopted as subd (g) January 1, 1999.)

(g) Service as faculty and education committee members

In addition to the educational leave required or authorized under rule 10.603 or subdivision (d) or (f) of this standard, a judicial officer should be granted leave to serve on judicial education committees and as a faculty member at judicial education programs when the judicial officer's services have been requested for these purposes by the Judicial Council, the California Judges Association, CJER, or the judicial officer's court. If a court's calendar would not be adversely affected, the court should grant additional leave for a judicial officer to serve on an educational committee or as a faculty member for any judicial education provider that requests the judicial officer's services.

(Subd (g) amended and relettered effective January 1, 2007; adopted as subd (f) effective January 1, 1990; previously amended and relettered subd (h) effective January 1, 1999.)

(h) Reimbursement of expenses

A judicial officer should be reimbursed, in accordance with applicable state or local rules, by his or her court for actual and necessary travel and subsistence expenses incurred in attending a judicial education program as a student participant, except to the extent that the judicial education provider sponsoring the program pays the expenses. Every court's budget should provide for those expenses.

(Subd (h) amended and relettered effective January 1, 2007; adopted as subd (g) effective January 1, 1990; previously amended and relettered subd (i) effective January 1, 1999.)

(i) Application of standard to commissioners and referees

As used in this standard, unless the context or subject matter otherwise requires, "judicial officers" means justices, judges, commissioners, and referees who are court employees not engaged in the practice of law.

(Subd (i) amended and relettered effective January 1, 2007; adopted as subd (h) effective January 1, 1990; previously amended and relettered subd (j) effective January 1, 1999.)

Standard 10.11 amended and renumbered effective January 1, 2007; adopted as sec. 25 effective January 1, 1990; previously amended and renumbered as Sec. 25.1 effective January 1, 1999.

Advisory Committee Comment

Subdivision (a). This provision recognizes that judicial officers must develop, maintain, and improve their professional competence by participating in judicial orientation and training programs when they first assume their judicial positions, and thereafter in continuing education programs throughout their judicial careers.

The judiciary will assess its own educational needs and establish appropriate programs and tools for meeting those needs. Various judicial organizations in this state, such as the Administrative Office of the Courts, the California Judges Association, and the Center for Judicial Education and Research, provide judicial officers with comprehensive educational opportunities in all areas of their judicial responsibilities. These organizations typically use experienced judicial officers to plan, conduct, oversee, and evaluate the effectiveness of their programs. Judicial officers determine all aspects of the programs offered by the California Judges Association. The Center for Judicial Education and Research is governed by an 11-member governing committee appointed by the Chief Justice of California as Chair of the Judicial Council. Four of the judicial members are nominated by the California Judges Association and four are appointed on behalf of the Judicial Council; three court administrator members are appointed on behalf of the Judicial Council. Subject to the Judicial Council's authority, the committee is responsible for determining matters relating to the center's judicial branch education policies and for making recommendations to the Judicial Council for action. The center's educational activities are planned, conducted, and overseen by a broad base of judicial officers and administrators serving on planning committees under the governing committee's supervision.

Subdivision (b). Although caseloads and court calendars may make it difficult for presiding judges and justices to permit judicial officers from their courts to participate in judicial education programs, their cooperation and preparation of orderly judicial education plans for all the judicial officers of their respective courts is important to the ultimate effectiveness of judicial education in this state.

Judicial officers who serve as faculty at judicial education programs are assumed to derive educational benefits comparable to, if not greater than, those received by student participants.

A judicial officer assigned to a special calendar court, such as family or juvenile, may not be able to participate in judicial education programs unless another judicial officer is assigned to handle that calendar while he or she is away.

Subdivision (d). This provision specifies the minimum annual continuing education relating to a judicial officer's responsibilities or court assignment. A judicial officer with two or more assignments or special responsibilities, such as a presiding or supervising judge, may require additional continuing education. In addition, if a court has established its own local judicial education program, judicial officers of that court are encouraged to avail themselves of local educational programs, materials, and liaison projects. Although (d) refers to court days, it assumes that judicial officers will continue to attend weekend courses.

Subdivision (g). This provision recognizes the importance of judicial officers being able to serve as lecturers, seminar leaders, consultants, and committee members for judicial education programs and projects. Faculty service is a significant educational experience for the faculty member and a significant contribution to the maintenance of necessary educational standards for the California judiciary.

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