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2014 California Rules of Court

Rule 10.468. Content-based and hours-based education for superior court judges and subordinate judicial officers regularly assigned to hear probate proceedings

(a) Definitions

As used in this rule, the following terms have the meanings stated below:

(1)"Judge" means a judge of the superior court.

(2)"Subordinate judicial officer" has the meaning specified in rule 10.701(a).

(3)"Judicial officer" means a judge or a subordinate judicial officer.

(4)"Probate proceedings" are decedents' estates, guardianships and conservatorships under division 4 of the Probate Code, trust proceedings under division 9 of the Probate Code, and other matters governed by provisions of that code and the rules in title 7 of the California Rules of Court.

(5)A judicial officer "regularly assigned to hear probate proceedings" is a judicial officer who is:

(A)Assigned to a dedicated probate department where probate proceedings are customarily heard on a full-time basis;

(B)Responsible for hearing most of the probate proceedings filed in a court that does not have a dedicated probate department; or

(C)Responsible for hearing probate proceedings on a regular basis in a department in a branch or other location remote from the main or central courthouse, whether or not he or she also hears other kinds of matters in that department and whether or not there is a dedicated probate department in the main or central courthouse; or

(D)Designated by the presiding judge of a court with four or fewer authorized judges.

(6)"AOC" is the Administrative Office of the Courts.

(7)"CJER" is the AOC Education Division/Center for Judicial Education and Research.

(8)"CJA" is the California Judges Association.

(b) Content-based requirements

(1)Each judicial officer beginning a regular assignment to hear probate proceedings after the effective date of this rule-unless he or she is returning to this assignment after less than two years in another assignment-must complete, as soon as possible but not to exceed six months from the assignment's commencement date, 6 hours of education on probate guardianships and conservatorships, including court-supervised fiduciary accounting.

(2)The education required in (1) is in addition to the New Judge Orientation program for new judicial officers and the B. E. Witkin Judicial College required under rule 10.462(c)(1)(A) and (C) and may be applied toward satisfaction of the 30 hours of continuing education expected of judges and required of subordinate judicial officers under rule 10.462(d).

(3)The education required in (1) must be provided by CJER, CJA, or the judicial officer's court. CJER is responsible for identifying content for this education and will share the identified content with CJA and the courts.

(4)The education required in (1) may be by traditional (face to face) or distance-learning means, such as broadcasts, videoconferences, or online coursework, but may not be by self-study.

(c) Hours-based continuing education

(1)In a court with five or more authorized judges, each judicial officer regularly assigned to hear probate proceedings must complete 18 hours of continuing education every three years, with a minimum of six hours required in the first year, on probate guardianships and conservatorships, including court-supervised fiduciary accounting. The three-year period begins on January 1 of the year following the judicial officer's completion of the education required in (b)(1) or, if he or she is exempt from that education, on January 1 of the year the assignment commenced after the effective date of this rule.

(2)In a court with four or fewer authorized judges, each judicial officer regularly assigned to hear probate proceedings must complete nine hours of continuing education every three years, with a minimum of three hours per year, on probate guardianships and conservatorships, including court-supervised fiduciary accounting. The three-year period begins on January 1 of the year following the judicial officer's completion of the education required in (b)(1) or, if he or she is exempt from that education, on January 1 of the year the assignment commenced after the effective date of this rule.

(3)The first continuing education period for judicial officers who were regularly assigned to hear probate proceedings before the effective date of this rule and who continue in the assignment after that date is two years, from January 1, 2008, through December 31, 2009, rather than three years. The continuing education requirements in (1) are prorated for the first continuing education period under this paragraph. The first full three-year period of continuing education for judicial officers under this paragraph begins on January 1, 2010.

(4)The number of hours of education required in (1) or (2) may be reduced proportionately for judicial officers whose regular assignment to hear probate proceedings is for a period of less than three years.

(5)The education required in (1) or (2) may be applied toward satisfaction of the 30 hours of continuing education expected of judges or required of subordinate judicial officers under rule 10.462(d).

(6)A judicial officer may fulfill the education requirement in (1) or (2) through AOC-sponsored education, an approved provider (see rule 10.481(a)), or education approved by the judicial officer's presiding judge as meeting the education criteria specified in rule 10.481(b).

(7)The education required in (1) or (2) may be by traditional (live, face-to-face) or distance learning, such as broadcasts, videoconferences, or online coursework, but may not be by self-study.

(Subd (c) amended effective January 1, 2012.)

(d) Extension of time

The provisions of rule 10.462(e) concerning extensions of time apply to the content-based and hours-based education required under (b) and (c) of this rule.

(e) Record keeping and reporting

(1)The provisions of rule 10.462(f) and (g) concerning, respectively, tracking participation, record keeping, and summarizing participation by judges and tracking participation by subordinate judicial officers, apply to the education required under this rule.

(2)Presiding judges' records of judicial officer participation in the education required by this rule are subject to audit by the AOC under rule 10.462. The AOC may require courts to report participation by judicial officers in the education required by this rule to ensure compliance with Probate Code section 1456.

Rule 10.468 amended effective January 1, 2012; adopted effective January 1, 2008.

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