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2014 California Rules of Court

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. Each justice, judge, and subordinate judicial officer and each court staff member is responsible for maintaining and improving his or her 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.

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

(b) Goals

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

(1)To ensure that both individuals who are new to the bench or the court and those who are experienced on the bench or court but are beginning a new assignment or role obtain education on the tasks, skills, abilities, and knowledge necessary to be successful in the new roles; and

(2)To establish broad parameters, based on time, for continuing education for individuals who are experienced both on the bench or court and in their assignments or roles, while preserving the ability of the individual, working with the individual who oversees his or her work, to determine the appropriate content and provider.

(Subd (b) amended effective January 1, 2008.)

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

The education requirements and expectations set forth 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 particular judicial assignment or assignments and in accordance with the judicial education recommendations set forth in rule 10.469. Additional education requirements related to specific responsibilities are set forth 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).

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

(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/administrator, and the managing attorney to enable them 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/administrator, 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/administrator, 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 these purposes by the Administrative Office of the Courts, the California Judges Association, or the court. If a court's calendar would not be adversely affected, the court should grant additional leave for a justice, the clerk/administrator, or the managing attorney to serve on an educational committee or as a faculty member for judicial branch education;

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

(5)Must ensure that justices, the clerk/administrator, and the managing attorney are reimbursed by their court in accordance with the travel policies issued by the Administrative Office of the Courts 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 Administrative Office of the Courts; 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/administrator, 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 the Administrative Office of the Courts. The Chief Justice and the administrative presiding justice must report the data from the records and cumulative histories 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 period.

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

(e) Responsibilities of presiding judges

Each presiding judge:

(1)Must grant sufficient leave to all 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 all 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 or subordinate judicial officer's responsibilities or current or future court assignment;

(3)In addition to the educational leave required or authorized under rule 10.603 or (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 these purposes by the Judicial Council, the California Judges Association, or the court. If a court's calendar would not be adversely affected, the presiding judge should grant additional leave for a judge or subordinate judicial officer or executive officer to serve on an educational committee or as a faculty member for judicial branch education;

(4)Should establish an education plan for his or her 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 his or her assignment powers to enable all judges and subordinate judicial officers, particularly those assigned to specific calendar courts, 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 the Administrative Office of the Courts; 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 the Administrative Office of the Courts (AOC). The presiding judge must report the data from the records and cumulative histories 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 period.

(Subd (e) amended effective January 1, 2008.)

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

Each court's justices, clerk/administrator, managing attorney, 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 by the Administrative Office of the Courts or the court;

(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 his or her education needs and requirements and professional development; and

(5)Must ensure that supervisors and other court personnel are reimbursed by their court in accordance with the travel policies issued by the Administrative Office of the Courts 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 Administrative Office of the Courts; 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 clerk/administrator or the managing attorney may approve reimbursement of travel expenses incurred by supervisors and other court personnel in attending out-of-state education programs as a participant.

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

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

Each trial court's executive officer, 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;

(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 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 by the Judicial Council or the court;

(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 his or her education needs and requirements and professional development; and

(5)Must ensure that managers, supervisors, and other court personnel 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 the Administrative Office of the Courts; 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 managers, supervisors, and other court personnel in attending out-of-state education programs as a participant.

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

Rule 10.452 amended effective January 1, 2012; adopted effective January 1, 2007; previously amended effective January 1, 2008.

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