Cal. R. 10.452

As amended through July 24, 2024

Rule 10.452 - Minimum education requirements, expectations, and recommendations

(a) Purpose

Justices, judges, and subordinate judicial officers are entrusted by the public with the impartial and knowledgeable handling of proceedings that affect the freedom, livelihood, and happiness of the people involved. Court personnel assist justices, judges, and subordinate judicial officers in carrying out their responsibilities and must provide accurate and timely services to the public. Justices, judges, subordinate judicial officers, and court staff members are individually responsible for maintaining and improving their professional competence. To assist them in enhancing their professional competence, the judicial branch will develop and maintain a comprehensive and high-quality education program, including minimum education requirements, expectations, and recommendations, to provide educational opportunities for all justices, judges, subordinate judicial officers, and court personnel.

(b) Goals

The minimum education requirements, expectations, and recommendations stated in rules 10.461-10.479 are intended to achieve two complementary goals:

(1) To ensure that all justices, judges, subordinate judicial officers, and court personnel obtain education on the tasks, skills, abilities, and knowledge necessary to be successful in their new court assignments and roles; and

(2) To establish broad continuing education parameters based on multiyear education cycles for experienced individuals while preserving the ability of these individuals, working with the persons overseeing their work, to determine appropriate education content and providers.

(Subd (b) amended effective January 1, 2023; previously amended effective January 1, 2008.)

(c) Relationship of minimum education requirements and expectations to education recommendations

The education requirements and expectations stated in rules 10.461, 10.462, and 10.471-10.474 are minimums. Justices, judges, and subordinate judicial officers should participate in more judicial education than is required and expected, related to each individual's responsibilities and judicial assignments and in accordance with the judicial education recommendations stated in rule 10.469. Additional education requirements related to specific responsibilities are stated in rule 10.463 (for those hearing family law matters), rule 10.464 (for those hearing domestic violence issues), and rule 10.468 (for those hearing probate proceedings).

(d)Responsibilities of Chief Justice and administrative presiding justices

The Chief Justice and each administrative presiding justice:

(1) Must grant sufficient leave to Supreme Court and Court of Appeal justices, the clerk/executive officer, and the managing attorney to complete the minimum education requirements stated in rules 10.461, 10.471, and 10.472, respectively;

(2) To the extent compatible with the efficient administration of justice, must grant to all justices, the clerk/executive officer, and the managing attorney sufficient leave to participate in education programs consistent with the education recommendations stated in rules 10.469 and 10.479. After a justice has completed any new justice education required under rule 10.461 or after a justice has completed the first year on the bench, the Chief Justice or the administrative presiding justice should grant each justice at least eight court days per calendar year to participate in continuing education relating to the justice's responsibilities;

(3) In addition to the educational leave required under (d)(1)-(2), should grant leave to a justice, clerk/executive officer, or managing attorney to serve on education committees and as a faculty member at education programs when the individual's services have been requested for judicial or legal education;

(4) Should establish an education plan for the court to facilitate the involvement of justices, the clerk/executive officer, and the managing attorney as both participants and faculty in education activities;

(5) Must ensure that justices, the clerk/executive officer, and the managing attorney are reimbursed by their court in accordance with the travel policies issued by Judicial Council for travel expenses incurred in attending in-state education programs as a participant, except to the extent that:

(i) certain expenses are covered by Judicial Council; or

(ii) the education provider or sponsor of the program pays the expenses. Provisions for these expenses must be part of every court's budget. The Chief Justice or the administrative presiding justice may approve reimbursement of travel expenses incurred by justices, the clerk/executive officer, and the managing attorney in attending out-of-state education programs as a participant.; and

(6) Must retain the records and cumulative histories of participation provided by justices. These records and cumulative histories are subject to periodic audit by Judicial Council staff. The Chief Justice and the administrative presiding justices must report their courts' compliance with education requirements on an aggregate basis to the Judicial Council, on a form provided by the Judicial Council, within six months after the end of each three-year education cycle .

(Subd (d) amended effective January 1, 2023; previously amended effective January 1, 2008, January 1, 2016, and January 1, 2018.)

(e) Responsibilities of presiding judges

Presiding judges:

(1) Must grant sufficient leave to their judges and subordinate judicial officers and to the court executive officer to enable them to complete the minimum education requirements and expectations stated in rules 10.462 and 10.473, respectively;

(2) To the extent compatible with the efficient administration of justice, must grant to their judges and subordinate judicial officers and to the court executive officer sufficient leave to participate in education programs consistent with the education recommendations stated in rules 10.469 and 10.479. After a judge or subordinate judicial officer has completed the new judge education required under rule 10.462, the presiding judge should grant each judge and subordinate judicial officer at least eight court days per calendar year to participate in continuing education relating to the judge's or subordinate judicial officer's responsibilities or current or future court assignment;

(3) In addition to the educational leave required or authorized under rule 10.603or(e)(1)-(2), should grant leave to a judge or subordinate judicial officer or the executive officer to serve on education committees and as a faculty member at education programs when the judicial officer's or executive officer's services have been requested for judicial or legal education;

(4) Should establish an education plan for the court to facilitate the involvement of judges, subordinate judicial officers, and the executive officer as both participants and faculty in education activities and should consult with each judge, each subordinate judicial officer, and the executive officer regarding their education needs and requirements related to their current and future assignments;

(5) Should use their assignment powers to enable all judges and subordinate judicial officers to participate in educational activities;

(6) Must ensure that judges, subordinate judicial officers, and the court executive officer are reimbursed by their court in accordance with the Trial Court Financial Policies and Procedures Manual for travel expenses incurred in attending in-state education programs as a participant, except to the extent that:

(i) certain expenses are covered by Judicial Council; or

(ii) the education provider or sponsor of the program pays the expenses. Provisions for these expenses must be part of every court's budget. The presiding judge may approve reimbursement of travel expenses incurred by judges, subordinate judicial officers, and the court executive officer in attending out-of-state education programs as a participant; and

(7) Must retain the records and cumulative histories of participation provided by judges. These records and cumulative histories are subject to periodic audit by Judicial Council staff. Presiding judges must report their courts' compliance with education requirements on an aggregate basis to the Judicial Council, on a form provided by the Judicial Council, within six months after the end of each three-year education cycle .

(Subd (e) amended effective January 1, 2023; previously amended effective January 1, 2008, and January 1, 2016.)

(f)Responsibilities of Supreme Court and Court of Appeal justices, clerk/executive officers, managing attorneys, and supervisors

Justices, clerk/executive officers, managing attorneys, and supervisors:

(1) Must grant sufficient leave to all court personnel to enable them to complete the minimum education requirements stated in rule 10.472;

(2) To the extent compatible with the efficient administration of justice, must grant to all court personnel sufficient leave to participate in education programs consistent with the education recommendations stated in rule 10.479;

(3) Should allow and encourage court personnel, in addition to participating as students in educational activities, to serve on court personnel education committees and as faculty at court personnel education programs when an employee's services have been requested for these purposes;

(4) Should establish an education plan for their court to facilitate the involvement of court personnel as both participants and faculty in educational activities, and should consult with each court staff member regarding their education needs and requirements and professional development; and

(5) Must ensure that court personnel are reimbursed by their court in accordance with the travel policies issued by the Judicial Council for travel expenses incurred in attending in-state education programs as a participant, except to the extent that:

(i) certain expenses are covered by the Judicial Council; or

(ii) the education provider or sponsor of the program pays the expenses. Provisions for these expenses must be part of every court's budget. Reimbursement of travel expenses incurred by court personnel in attending out-of-state education programs as a participant may be approved by designated court administrators, as defined in local court policies.

(g)Responsibilities of trial court executive officers, managers, and supervisors

Trial court executive officers, managers, and supervisors:

(1) Must grant sufficient leave to all court personnel to enable them to complete the minimum education requirements stated in rule 10.474;

(3) Should allow and encourage court personnel, in addition to participating as students in education activities, to serve on court personnel education committees and as faculty at court personnel education programs when an employee's services have been requested for these purposes ;

(5) Must ensure that court personnel are reimbursed by their court in accordance with the Trial Court Financial Policies and Procedures Manual for travel expenses incurred in attending instate education programs as a participant, except to the extent that:

(i) certain expenses are covered by the Judicial Council; or

(ii) the education provider or sponsor of the program pays the expenses. Provisions for these expenses must be part of every court's budget. The court executive officer may approve reimbursement of travel expenses incurred by court personnel in attending out-of-state education programs as a participant.

(Subd (g) amended effective January 1, 2023; adopted as subd (f); previously amended and relettered as subd (g) effective January 1, 2008; previously amended effective January 1, 2016.)

Cal. R. Ct. 10.452

Rule 10.452 amended effective 1/1/2023; amended effective 1/1/2018; amended effective 1/1/2016; adopted effective 1/1/2007; previously amended effective 1/1/2008, and 1/1/2012.