Rule 10.461 - Minimum education requirements for Supreme Court and Court of Appeal justices(a) ApplicabilityAll 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 requirementEach 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 Judicial Council's Center for Judicial Education and Research.
(Subd (b) amended effective January 1, 2016; adopted as unlettered subd effective January 1, 2007; previously amended and lettered as subd (b) effective January 1, 2008; previously amended effective January 1, 2012.)
(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 cycle on January 1 of the year following confirmation of appointment, and a new Court of Appeal justice enters the three-year continuing education cycle on January 1 of the year following the period provided for completion of the required new justice orientation program; continuing education requirements are prorated based on the number of years remaining in the three-year education cycle.(B) For all other justices, the first continuing education cycle begins January 1, 2008.(C) The first continuing education cycle 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 education cycle. The first three-year education cycle 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 under rule 10.481(a) and any other education 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 education by an approved provider under rule 10.481, including education that is instructor-led (live remote or in-person), asynchronous (such as videos and e-learning), and self-directed study, counts toward the continuing education requirement on an hour-for-hour basis. Justices must complete at least half of their continuing education hours requirement as a participant in instructor-led (live remote or in-person) education. Justices may complete the balance of their 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 faculty service as continuing education hours . There is no restriction on the number or percentage of hours that a justice may claim as faculty service. Credit for faculty service counts toward the continuing education requirement on an hour-for-hour basis in the same manner as all other types of education. (Subd (c) amended effective January 1, 2023; adopted effective January 1, 2008; previously amended effective January 1, 2012, and January 1, 2013.)
(d) Extension of time(1) Upon request and for good cause, the Chief Justice or the administrative presiding justice may grant a justice a one-year extension of time to complete the continuing education requirement in this rule.(2) If the Chief Justice or the administrative presiding justice grants a request for an extension of time, the Chief Justice or the administrative presiding justice and the justice should 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 education cycle. (Subd (d) amended effective January 1, 2023; adopted effective January 1, 2008.)
(e) Records and summaries of participation for justices Justices are responsible for:
(1) Tracking their 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 their 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 education cycle, giving the Chief Justice or the administrative presiding justice a copy of their record of participation in education for that year and a cumulative history of participation for that three-year cycle , on the form provided by the Chief Justice or the administrative presiding justice. (Subd (e) amended effective January 1, 2023; adopted effective January 1, 2008; previously amended effective August 15, 2008.)
Rule 10.461 amended effective 1/1/2023; amended effective 1/1/2016; adopted effective 1/1/2007; previously amended effective 1/1/2008,8/15/2008,1/1/2012, and1/1/2013.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).
Judicial Council staff have developed an individual reporting form that justices may use in tracking their own participation in education as required by rule 10.461(e)(1). The form is available from the council's Center for Judicial Education and Research. The Chief Justice and the administrative presiding justices may determine which form should be used in their court and may provide the council-developed form or another appropriate form developed by their court or by another court.
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