(a) Applicability
All California trial court judges must complete the minimum judicial education requirements for new judges under (c)(1) and are expected to participate in continuing education as outlined under (d). All subordinate judicial officers must complete the minimum education requirements for new subordinate judicial officers under (c)(1) and for continuing education as outlined under (d). All trial court judges and subordinate judicial officers who hear family law matters must complete additional education requirements set forth in rule 10.463. All trial court judges and subordinate judicial officers who hear certain types of matters must participate in education on domestic violence issues as provided in rule 10.464. All trial court judges and subordinate judicial officers regularly assigned to hear probate proceedings must complete additional education requirements set forth in rule 10.468. All trial court 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.
(Subd (a) amended effective January 1, 2012; previously amended effective January 1, 2008.)
(b) Definitions
Unless the context or subject matter otherwise requires, "subordinate judicial officers" as used in this rule means subordinate judicial officers as defined in rule 10.701.
(c) Content-based requirements
(1) New trial court judges and subordinate judicial officers must complete the "new judge education" curriculum provided by the Judicial Council's Center for Judicial Education and Research (CJER) as follows:
(A) The new judge orientation program within six months of taking the oath as a judge or subordinate judicial officer. For purposes of the new judge orientation program, a judge or subordinate judicial officer is considered "new" only once, and any judge or subordinate judicial officer who has completed the new judge orientation program, as required under this rule or under former rule 970, is not required to complete the program again. A judge or subordinate judicial officer who was appointed, elected, or hired before rule 970 was adopted on January 1, 1996, is not required to complete the program;
(B) An orientation course in their primary assignment (civil, criminal, family, juvenile justice or dependency, probate, or traffic) within one year of taking the oath as a judge or subordinate judicial officer; and
(C) The B. E. Witkin Judicial College of California within two years of taking the oath as a judge or subordinate judicial officer. If a new judge previously completed the Judicial College as a new subordinate judicial officer, then the presiding judge may determine whether the new judge must complete it again.
(2) Judges beginning a supervising judge role are expected to complete CJER's supervising judge orientation program within one year of beginning the supervising judge role, preferably before beginning the role. This expectation does not apply if they are returning to a similar supervising judge role after less than two years in another assignment or are beginning a supervising judge role less than two years after serving in the presiding judge role and completing CJER's presiding judge and court executive officer orientation program.
(3) Judges beginning a presiding judge role are expected to complete CJER's presiding judge and court executive officer orientation program within one year of beginning the presiding judge role, preferably before beginning the role. This expectation does not apply if they are returning to a presiding judge role after two years or less in another role or assignment.
(4) Judges are expected to and subordinate judicial officers must, if beginning a new primary assignment (unless they are returning to an assignment after less than two years in another assignment), complete a course on the new primary assignment, provided by CJER, the California Judges Association (CJA), or the local court, within one year of beginning the new assignment. CJER is responsible for identifying content for these courses and will share the identified content with CJA and the local courts.
(Subd (c) amended effective January 1, 2023; previously amended effective January 1, 2008, July 1, 2008, January 1, 2012, and January 1. 2016.)
(d) Hours-based continuing education
(1) Each judge is expected to and each subordinate judicial officer must complete 30 hours of continuing judicial education every three years, beginning on the dates outlined:
(A) A new judge or new subordinate judicial officer enters the three-year continuing education cycle on January 1 of the year following the period provided for completion of the required new judge education; continuing education expectations for judges and requirements for subordinate judicial officers are prorated based on the number of years remaining in the three-year education cycle.
(B) For all other judges and subordinate judicial officers, the first three-year education cycle begins on January 1, 2007.
(2) The following education applies toward the expected or required 30 hours of continuing judicial education:
(A) The content-based courses under (c)(2), (3), and (4) for a new supervising judge, a new presiding judge, and a judge or subordinate judicial officer beginning a new primary assignment (the "new judge education" required under (c)(1) does not apply); and
(B) Any other education offered by an approved provider (under rule 10.481(a)) and any other education approved by the presiding judge as meeting the criteria listed in rule 10.481(b).
(3) 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 expectation or requirement on an hour-for-hour basis. Judges and subordinate judicial officers must complete at least half of their continuing education hours expectation or requirement as a participant in instructor-led (live remote or in-person) education. Judges or subordinate judicial officers may complete the balance of their judicial education hours expectation or requirement through any other means with no limitation on any particular type of education.
(4) A judge or subordinate judicial officer who serves as faculty by teaching legal or judicial education for 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 judge may claim as faculty service. Credit for faculty service counts toward the continuing education expectation or requirement on an hour-for-hour basis in the same manner as all other types of education.
(5) The presiding judge may require subordinate judicial officers to participate in specific courses or participate in education in a specific subject matter area as part of their continuing education.
(Subd (d) amended effective January 1, 2023; previously amended effective January 1, 2008, January 1, 2012, and January 1, 2013.)
(e) Extension of time
(1) Upon request and for good cause, a presiding judge may grant a judge or subordinate judicial officer an extension of time, up to one year, to complete the education expectations or requirements in this rule.
(2) If the presiding judge grants a request for an extension of time, the presiding judge and the judge or subordinate judicial officer should pursue interim means of obtaining relevant educational content.
(3) An extension of time to complete the hours-based continuing education expectation or requirement does not affect what is expected or required in the next three-year education cycle.
(Subd (e) amended effective January 1, 2023.)
(f) Records and cumulative histories of participation for judges
Judges 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 and expectations, on a form provided by the presiding judge. The form must include the information regarding a judge's participation in education that is needed by the presiding judge to complete the aggregate form required by rule 10.452(e)(7);
(2) At the end of each year, giving the presiding judge a copy of their record of participation in education for that year, on the form provided by the presiding judge; and
(3) At the end of each three-year education cycle, giving the presiding judge a copy of their record of participation in education for that year and a cumulative history of participation for that three-year education cycle, on the form provided by the presiding judge.
(Subd (f) amended effective January 1, 2023; previously amended effective January 1, 2008, and August 15, 2008.)
(g) Records of participation for subordinate judicial officers
(1) Each court is responsible for tracking participation in education and for tracking completion of minimum education requirements for its subordinate judicial officers.
(2) Subordinate judicial officers must keep records of their own participation for three years after each course or activity that is applied toward the requirements.
(Subd (g) amended effective January 1, 2023.)
Rule 10.462 amended effective January 1, 2023; adopted effective January 1, 2007; previously amended effective January 1, 2008, July 1, 2008, August 15, 2008, January 1, 2012, January 1, 2013, and January 1, 2016.
Advisory Committee Comment
The minimum judicial education requirements in rule 10.462 do not apply to retired judges seeking to sit on regular court assignment in the Temporary Assigned Judges Program. Retired judges who seek to serve in the Temporary Assigned Judges Program must comply with the education requirements included in the program's standards and guidelines established by the Chief Justice
Judicial Council staff have developed an individual reporting form that judges may use in tracking their own participation in education as required by rule 10.462(f). The form is available from the council's Center for Judicial Education and Research. Presiding judges may determine which form should be used in their court and may provide developed by their court or by another court.