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2014 California Rules of Court

Rule 10.461. Minimum education requirements for Supreme Court and Court of Appeal justices

(a) Applicability

All California Court of Appeal justices must complete the minimum judicial education requirements for new justices under (b), and all Supreme Court and Court of Appeal justices must complete minimum continuing education requirements as outlined under (c). All justices should participate in more judicial education than is required, related to each individual's responsibilities and in accordance with the judicial education recommendations set forth in rule 10.469.

(Subd (a) adopted effective January 1, 2008.)

(b) Content-based requirement

Each new Court of Appeal justice, within two years of confirmation of appointment, must attend a new appellate justice orientation program sponsored by a national provider of appellate orientation programs or by the Administrative Office of the Courts' Education Division/Center for Judicial Education and Research.

(Subd (b) amended effective January 1, 2012; adopted as unlettered subd effective January 1, 2007; previously amended and lettered effective January 1, 2008.)

(c) Hours-based continuing education

(1)Each justice must complete 30 hours of continuing judicial education every three years, beginning on the dates outlined:

(A)A new Supreme Court justice enters the three-year continuing education period on January 1 of the year following confirmation of appointment, and a new Court of Appeal justice enters the three-year continuing education period on January 1 of the year following completion of the required new justice education; continuing education requirements are prorated based on the number of years remaining in the three-year period.

(B)For all other justices, the first continuing education period begins January 1, 2008.

(C)The first continuing education period for Supreme Court and Court of Appeal justices is for two years from January 1, 2008, through December 31, 2009, rather than three years. The continuing education requirements and limitations in (c) are consequently prorated for this two-year period. The first three-year period then begins January 1, 2010.

(2)The following education applies toward the required 30 hours of continuing judicial education:

(A)Any education offered by an approved provider (see rule 10.481(a)) and any other education, including education taken to satisfy a statutory or other education requirement, approved by the Chief Justice or the administrative presiding justice as meeting the criteria listed in rule 10.481(b).

(B)Each hour of participation in traditional (live, face-to-face) education; distance education such as broadcasts, videoconferences, and online coursework; self-directed study; and faculty service counts toward the continuing education requirement on an hour-for-hour basis. Each justice must complete at least half of his or her continuing education hours requirement as a participant in traditional (live, face-to-face) education. The justice may complete the balance of his or her education hours requirement through any other means with no limitation on any particular type of education.

(C)A justice who serves as faculty by teaching legal or judicial education to a legal or judicial audience may apply education hours as faculty service. Credit for faculty service counts toward the continuing education requirement in the same manner as all other types of education-on an hour-for-hour basis.

(Subd (c) amended effective January 1, 2013; adopted effective January 1, 2008; previously amended effective January 1, 2012.)

(d) Extension of time

(1)For good cause, the Chief Justice or the administrative presiding justice may grant a one-year extension of time to complete the continuing education requirement in (c).

(2)If the Chief Justice or the administrative presiding justice grants a request for an extension of time, the justice, in consultation with the Chief Justice or the administrative presiding justice, should also pursue interim means of obtaining relevant educational content.

(3)An extension of time to complete the hours-based continuing education requirement does not affect what is required in the next three-year period.

(Subd (d) adopted effective January 1, 2008.)

(e) Records and summaries of participation for justices

Each justice is responsible for:

(1)Tracking his or her own participation in education and keeping a record of participation for three years after each course or activity that is applied toward the requirements, on a form provided by the Chief Justice for the Supreme Court or by the administrative presiding justice for each appellate district of the Court of Appeal. The form must include the information regarding a justice's participation in education that is needed by the Chief Justice or the administrative presiding justice to complete the aggregate form required by rule 10.452(d)(6);

(2)At the end of each year, giving the Chief Justice or the administrative presiding justice a copy of his or her record of participation in education for that year, on the form provided by the Chief Justice or the administrative presiding justice; and

(3)At the end of each three-year period, giving the Chief Justice or the administrative presiding justice a copy of his or her record of participation in education for that year and a cumulative history of participation for that three-year period, on the form provided by the Chief Justice or the administrative presiding justice.

(Subd (e) amended effective August 15, 2008; adopted effective January 1, 2008.)

Rule 10.461 amended effective January 1, 2013; adopted effective January 1, 2007; previously amended effective January 1, 2008, August 15, 2008, and January 1, 2012.

Advisory Committee Comment

The requirements formerly contained in subdivision (e)(2) of rule 970, which has been repealed, are carried forward without change in rule 10.461(b).

The Administrative Office of the Courts (AOC) has developed both a manual format and an automated format of the individual justice's recording and reporting form referenced in rule 10.461(e) that gathers all the information needed by the Chief Justice or the administrative presiding justice to complete the aggregate report to the Judicial Council required under rule 10.452(d)(6). The Chief Justice or the administrative presiding justice may determine which form should be used in his or her court and may provide the manual or automated format of the AOC-developed form (available from the AOC's Education Division/Center for Judicial Education and Research) or may provide another appropriate form that has been developed by his or her court or by another court that gathers all the information needed by the Chief Justice or the administrative presiding justice to complete the aggregate report to the Judicial Council.

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