Opinion
Administrative Order No. 2011-38, (Affecting Admin. Order No. 2008-06)
March 30, 2011.
An amendment to the above-captioned section of the Arizona Code of Judicial Administration having come before the Arizona Judicial Council on March 24, 2011, and having been approved and recommended for adoption,
Now, therefore, pursuant to Article VI, Section 3, of the Arizona Constitution,
IT IS ORDERED that Arizona Code of Judicial Administration § 1-302 is amended as indicated on the attached document effective immediately, with the exception of § 1-302(H)(4), which shall be effective January 1, 2012. All other provisions of § 1-302, as originally adopted, remain unchanged and in effect.
ARIZONA CODE OF JUDICIAL ADMINISTRATION Part 1: Judicial Branch Administration Chapter 3: Judicial Officers and Employees Section 1-302: Education and TrainingA. Definitions. In this section, the following definitions apply:
"Accredited program" means any formal educational activity approved by division or the local training coordinator.
"College course" means any formal education at an accredited institution for higher learning in which the coursework has a direct relationship to the Arizona judicial system or the individual employee's job responsibilities.
"Committee-accredited sponsor" "Accredited Sponsor" means an individual or organization in Arizona with a five-year track record in sponsoring continuing education programs, that has applied for and been granted this status to accredit their programs by the Committee on Judicial Education and Training (COJET).
"Committee or COJET" means Committee on Judicial Education and Training, a subcommittee of the Arizona Judicial Council.
"Continuing education" means training or education that leads to improved job-related skills, knowledge or abilities, or specialized skills that enhance the ability to perform the assigned job functions.
"Core curricula" means classes that satisfy the recommended courses of study adopted by COJET for all non-judge personnel in the Arizona court system.
"County training coordinator" means the local training coordinator designated in each county to compile all reports of compliance for review by the presiding judge and submission to education services at the end of calendar year.
"Credit hour" means an increment of time and quality of continuing education determined by COJET to constitute one credit toward the COJET educational requirements. In most instances, 60 minutes of education equals one credit hour.
"Education Services" means a the division of the Administrative Office of the Courts (AOC) responsible for planning and implementing education for the judiciary, accrediting statewide and national programs, and overseeing a statewide network of training coordinators.
"eLearning" means all forms of electronically supported learning and teaching.
"Ethics training" means a training session dealing with issues related to appropriate personnel behavior in the workplace, codes of conduct, fair treatment in the courts, or avoiding the occurrence or perception of impropriety in carrying out responsibilities. A session does need not be entitled ethics training to meet these criteria, as long as subject matter is ethics-related.
"Facilitator" means a specifically trained individual assisting faculty by leading who leads local or small group activities that take place as part of a larger program.
"Faculty" means an individual who plans, prepares, and presents an education program. This definition includes individuals who serve as moderator or coordinator of a panel, and individuals who perform pre-planning for one-to-one training activities as long with measurable educational outcomes are created and pre-planning occurs.
"Faculty skill development" means a training program designed to foster quality adult education in Arizona courts, build a network of trainers at all levels of the judiciary, bring educational opportunities to the local level, and promote effective use of educational resources.
"Hearing officer, paid," means an individual paid by the court to serve as a civil traffic or small claims hearing officer.
"Hearing officer, volunteer" means an individual who serves voluntarily as civil traffic or small claims hearing officer.
"Independent learning" means an individual study program accompanied by written or verbal feedback evaluating the program. Independent learning programs include videotape, audiotape, writing, ride-alongs, tours, or computer-based training programs.
"Judicial education" means continuing professional education for judges, probation and court personnel.
"Judge" means a judge any person who is authorized to perform judicial functions within the Arizona judiciary, including a justice or judge of a court of record, a justice of the peace, magistrate, water master, court commissioner, or referee employed on a regular full-time or part-time basis. or pro tempore judge.
"Judges pro tempore" mean officers of the court who have all of the duties and responsibilities of a judge employed on a regular full-time, part-time, or on-call basis.
"Local training coordinator" means the person designated in each court or department to coordinate continuing judicial education. This person keeps records, announces available training programs, accredits local programs, documents compliance with the standards, coordinates local training programs and may provide training to local court personnel.
"Local training program" means a continuing education program offered for employees of the court/department within the county of employment.
"On-call personnel" means employees who are available when summoned for service, do not have an established work schedule and whose schedule is on an as-needed basis.
"One-to-one training" means an individual training program formally planned which has stated educational outcomes and reference materials, and is not an orientation to the job duties for which the learner was hired.
"Orientation" means knowledge and, skills and ethics necessary to begin the job. and shall include ethics appropriate to the job.
"Prison/Jail Tour" means a tour of a federal, state or county operated detention facility that has stated educational outcomes and accompanied by verbal explanation from the tour guide.
"Probation personnel" means probation officers, surveillance officers, detention officers, youth supervisors, support staff, and any other staff assigned to probation departments and juvenile courts.
"Probation ride-along" means a ride-along with an experienced probation officer or surveillance officer that has stated educational outcomes and accompanied by verbal explanation from the accompanying officer.
"Program Sponsor" means an individual, group or organization conducting continuing education for COJET credit hours.
"Regional, state or national training program" means continuing education program sponsored by an individual or organization and open to individuals in a large geographic area (for example, National Judicial College, National Center for State Courts, Institute for Court Management, private training institutions, etc.).
"Special status" means a college-based curricula design granted special status based on applicability to the court system and its personnel.
"Standards" means the educational policies adopted by the supreme court that apply to all and part-time judges, probation, and court personnel.
"Temporary personnel" means court staff that serve for a limited time, are contracted through a private employment agency, have an established ending date of employment, or as otherwise defined by the chief justice, the chief judge, the presiding judge of the superior court in each county, or their designee.
B. Applicability. The following standards govern the training and This section establishes education of standards for all judges, probation and court personnel in Arizona. The requirements and guidelines for accreditation and compliance education and training are contained herein.
C. Purpose. The protection of the rights of free citizens depends upon the existence of an independent and competent judiciary. The task of maintaining judicial competence depends on the willingness of the judiciary itself to assure that its members are knowledgeable and skilled in the study of the law and its development, and that judges are trained in the application of legal principles and the art of judging. The personnel employed within the judicial system must also maintain a high level of competence to assist judges in carrying out their responsibilities and to provide accurate and timely services to the public. To the end that judicial independence and competence might be preserved and reinforced as essential elements of our system of government, the supreme court established an educational system for all judges and employees of the Arizona judicial department in November 1983. The education and training of judicial officers and court employees are necessary to maintaining judicial independence and carrying out the judicial branch's obligation to administer justice impartially and competently. The following standards shall ensure that judges and judicial branch employees continually receive education and training necessary to achieve the highest standard of competence, ethical conduct, integrity, professionalism, and accountability.
D. Organization.
1. Director of the Administrative Office of the Courts. Under the direction of the supreme court, the administrative director of the Administrative Office of the Courts (AOC) AOC shall prepare guidelines for the implementation of the implementing these standards, and shall develop, administer, and coordinate judicial education programs throughout the state. The Committee on Judicial Education and Training (COJET) and the staff of the eEducation sServices division of the AOC shall assist the director in this effort. The director shall inform all judges and court employees of the court's educational policies and standards and shall notify judges that orientation before or within twelve months of appointment or election and continuing judicial education are necessary in order to obtain and maintain professional competence. The director shall also provide state and local governments and courts with information concerning judicial education in order to bring about recognition of the need to support judicial education.
2. Education Services Division. The education services division of the AOC shall:
a. Prepare and implement an annual judicial education plan;
b. Coordinate all judicial education programs;
ca. Staff COJET and its formal subcommittee standing advisory committee meetings;
db. Conduct judicial education and faculty development programs;
ec. Evaluate educational programs;
fd. Provide guidance to judges and judicial employees in the selection of appropriate educational opportunities;
ge. Develop a network of trainers throughout the courts; and
hf. Prepare an annual report on educational activities in the courts.
3. COJET. COJET shall oversee all standards, policies and procedures governing accreditation and compliance with judicial education in Arizona.
4. Training coordinators. Each court or department shall designate at least one staff person to serve as the local training coordinator for continuing judicial education. This person shall maintain records, provide opportunities for continuing education and The training, coordinator shall accredit local programs, document maintain records of compliance with the education standards, provide training opportunities, and coordinate local training programs and may provide training to local court personnel.
a. The courts in counties with a population of over more than 500,000 people shall have a full-time training department supervised by a qualified employee at the supervisory or higher management level. The training staff shall dedicate all of their time to training and training-related activities. Every training officer shall complete a minimum of sixteen hours of planned training including ethics training, core curricula and train-the-trainer activities each year.
b. The courts in counties with a population of less than 500,000 may have a full-time training department. They may also send their employees to training programs offered by larger counties or to other available training programs. Every agency without a full-time training department should appoint a training coordinator who may have duties other than training.
c. Any staff member, including the full-time training staff, who conducts an approved, planned training program, may receive up to eight hours of training credit per year for serving in a trainer or faculty capacity.
d. All courts and departments shall establish and maintain an accurate set of training records. The training supervisor or coordinator shall be responsible for those records.
5. Faculty. Faculty shall be selected based on subject matter expertise, faculty training, and creditability.
a. Faculty are primarily judges, members of the legal community, and court personnel who have expertise in the curriculum, knowledge of adult education principles, and the ability to prepare and present educational material effectively. Authorities from other disciplines may be used when their expertise aligns with specific program goals.
ab. Basic approach. Education and training programs shall emphasize the use of modern adult education principles that focus on participative learning. Faculty members shall be familiar with effective teaching techniques based on these principles. including:
b. Faculty skill development. To the extent permitted by available resources, faculty members shall receive instruction in adult education methods and assistance in preparing presentations and materials prior to teaching in a court-sponsored program.
c. Qualifications. The education faculty consists primarily of judges, members of the legal community, and court personnel who have expertise in the curriculum, knowledge of adult education principles, and the ability to prepare and present educational material effectively. Authorities from other disciplines shall be used when their expertise will contribute to the goals of a specific program.
d. Adult education principles. Faculty members are encouraged to use the following principles in their presentations:
(1) Creating a dialogue with participants by encouraging their input concerning substantive areas; and
(2) Asking participants questions to evaluate their comprehension and learning; and
(3). Providing interactive experiences as hypotheticals, mock hearings, and the like.
E. Program Accreditation. Only programs accredited by COJET, education services, the local training coordinators, or committee-accredited sponsors shall be eligible for COJET credit. Programs need to contribute directly to or have a primary purpose of improving the professional skills, competence, or ethical obligations of judges, probation and court personnel. Thus, such programs shall meet the accreditation requirements described herein.
1. A program must meet Tthe following requirements must be met to accredit a program to be accredited:
a. The program is job-related or relates to the justice system;
ab. The program shall have constitutes an organized program of learning with significant intellectual or practical content.; The primary objective shall be to increase the elated professional competence and skills;
bc. The program shall constitute an organized program of learning that directly to or has a primary purpose of improving is meant to improve job-related professional competence competencies and skills;
cd. The Pprograms shall be is at least 30 minutes in length to qualify for accreditation. A combination of approved audio/video tapes may earn credit. or combines non-facilitated learning modules equaling at least 30 minutes of instruction;
d. Breaks, non-substantive speeches, and business meetings shall not be included when calculating credit hours.
e. Education materials shall be prepared and activities to evaluate learning conducted by an individual or group qualified by practical or academic experience in a setting physically suitable to the educational activity of the program Participants are given the opportunity to evaluate program effectiveness;
f. Unless clearly inappropriate for a particular course, participants attending a program shall Participants receive written materials such as handouts, manuals, study guides, flowcharts, or substantial written outlines that pertain to the subject matter of the program. Brief outlines or agenda items are not sufficient to meet the requirements of this paragraph;
g. Breaks, non-substantive speeches, and business meetings shall not be accredited; and
gh. The program sponsor shall keep a record of attendance records for each program five years and shall forward the attendance records, a copy of relevant program materials and program evaluations to the party accrediting the program; and upon request.
h. The training coordinator must maintain the records of attendance for at least five years after the date of completion of the program.
2. Accredited programs are those that are job-related or relate to the justice system. Programs such as personal financial planning or others that are personally beneficial to the employee but are not job-related are not eligible for COJET credit.
32. Accreditation shall be granted in three ways:
a. Local programs. Training coordinators shall accredit a program offered locally for employees in their court or division when they meet the following criteria:
(1) Prior to the program, the pProgram sponsors or faculty shall submit a proposal with an agenda, time frames duration and any other supporting materials available. The proposal may be in the form of a letter with appropriate attachment if requested by the local training coordinator;
(2) Upon conclusion of a program, the program sponsor shall provide the training coordinator with an agenda, attendee list and compiled participant feedback from evaluations. Handout and other written materials may also be requested by the local training coordinator; and
(23)The local training coordinator shall evaluate the program for substantive value and potential hours of credit; may accredit the program for a specific number of credit hours.
(3) The local training coordinator may accredit the program for a specific number of credit hours; and
(4) The sponsor shall, at the conclusion of the program, provide the training coordinator with an attendee list, a compilation of the participants' evaluation of the program, and a copy of any handouts and written materials.
b. Individual employee programs. Training coordinators shall accredit a program attended by an individual assigned to them when they who meets the following criteria:
(1) Prior to the program, the individual shall may submit to the local training coordinator an agenda, time frames, duration and any other supporting material available materials;
(2) Upon conclusion of a program, the employee shall provide an agenda, outline and other supporting material. Handouts, evaluations or other written materials may also be requested by the local training coordinator; and
(23)The training coordinator shall evaluate the program for substantive value and potential hours of credit; may accredit the program for a specific number of credit hours.
(3) The training coordinator may accredit the program for a specific number of hours; and
(4) The employee shall provide, at the conclusion of the program, the participant's evaluation of the program and a sample copy of any handouts and written materials, agenda, outline or other supporting material, as available.
c. Regional or statewide programs. COJET or, eEducation sServices or accredited sponsors shall accredit a program offered to participants statewide or from a broad geographical or jurisdictional area. County training coordinators or their designee may accredit programs that are countywide or that involve participants from one or more counties. This procedure eliminates the need of for each local training coordinator to accredit the same program for their local participants. The procedures for accreditation shall comply with the requirements of subsection (E)(1). individual participants.
43. Non court-Programs not sponsored program. COJET credit may be given to non court-sponsored continuing by a court. Individuals attending education programs that meet accreditation guidelines and are not sponsored by a court may be granted credit hours, with approval from a supervisor and training coordinator, if the program is applicable to the their position the attendee holds in the judicial system or fosters court-related career growth. Prior approval from a supervisor and training coordinator recommended.
54. Dual accreditation. of classes. A class Courses of at least two hours in duration may be accredited for both two required areas, including ethics and core curricula requirement at the state or local level if the class is more than two hours in length.
65. Independent Non-facilitated learning. The training coordinator may accredit independent learning programs. All activities shall meet accreditation requirements. A maximum of An individual study program conducted without the aid of an instructor, facilitator, or active co-participants may be accredited with prior approval by a supervisor and training coordinator. An individual may receive up to eight COJET credit hours in a calendar year may be granted for any combination of the following independent for non-facilitated learning programs including:
a. Written articles or materials relevant to the judiciary. COJET hours may be granted for wWriting articles or other materials beyond the normal scope of the job position with pre-approval by the supervisor and training coordinator.;
b. Videotapes and audiotapes. programs; COJET hours may be granted for watching a video or listening to an audio tape accredited according to standards herein and pre-approved by a supervisor and training coordinator. If granted, COJET hours shall be accredited on a one-for-one credit basis. Local training coordinator or education services shall maintain a list of accredited tapes.
c. Books. COJET hours may be granted for rReading and evaluating a book, accredited according to standards herein and pre-approved by a supervisor and training coordinator. not exceeding one-half credit hour for every 30 pages;
d. Computer-based training. COJET hours may be granted for completing computer-based (CBT) or web-based (WBT) training accredited according to standards herein and pre-approved by a supervisor or training coordinator. Facilitator-led programs are eligible for hour-for-hour participation credit. Self-paced programs shall be pre-approved for credit hours by the training coordinator. eLearning programs; and
e. Serving as faculty. COJET hours may be granted to faculty who teach a COJET-accredited class. COJET hours shall be granted at the rate of three-for-one the first time the faculty member teaches the accredited class. COJET hours shall be granted at the rate of two-for-one for the second and each consecutive time the faculty member teaches the accredited class. Court-related visits, tours, observations of court proceedings and ride-along programs.
f. Serving as facilitator. COJET hours may be granted to a program facilitator at the rate of two-for-one for the time spent facilitating the program (broadcast facilitators, probation officer certification academy facilitators, etc.). Qualified facilitators shall earn facilitator reedit for their work if pre-program training is included.
g. COJET hours may be granted for participating in court-related visits, tours observations of court proceedings, and probation ride-alongs as described herein. Visits and tours may include jail or prison tours. Programs shall be accredited as provided in subsection (E)(1).
6. Faculty Credit. COJET recognizes the educational mastery necessary to teach a course and values teaching by judges and court staff. An individual may receive up to eight hours of faculty credit in a calendar year in accordance with the following criteria:
a. Credit hours may be granted to faculty at the rate to three-for-one the first time a course is taught and two-for-one the second and each consecutive time that course is taught;
b. Credit hours may be granted to a program facilitator at the rate of two-for-one for the time spent facilitating the program; and
c. Credit hours may be granted for developing curriculum not to exceed four credit hours in a calendar year.
7. College courses. Credit for college courses may be accredited for two-for-one credit per college credit hour. The local training coordinator accredits these programs. Subject areas are at the discretion of the individual agency. Topics may include, but are not limited to, the following:
a. Organizational development, planning, and evaluation;
b. Management development, career options, and productivity;
c. Supervisory training, case review, and performance appraisal (for example, interviewing, feedback, conducting meetings, and disciplinary action);
d. Team building, motivation, and job design;
e. Case flow and information management;
f. Space, facilities, equipment, and materials management;
g. In-service training, planning, and evaluation;
h. Budgeting, fiscal management, and quality control; and
i. Court, community, and agency relations.
8. Special status college courses. COJET or the local training coordinator may accredit special status college courses. Requests for accreditation of special status courses may be made for a series of courses in a curriculum or on a case-by-case basis for a specific class, and may be made by institutions offering courses using "Application for COJET Accredited Status by an Organization or Institution" or by individuals taking a university course. To receive credit, individuals shall send a written request to the education services division or their local training coordinator, providing the information outlined. These programs are eligible for COJET credit on a one-for-one basis for each hour of classroom attendance, up to the full sixteen hours in any COJET-reporting year.
7. College courses relevant to court duties may be accredited at a rate of two credit hours for each college credit hour earned. College courses directly relevant to specific job duties may be accredited for each hour of classroom attendance. Institutions offering courses or individuals taking a course may request accreditation through a written request to their local training coordinator or Education Services accompanied by an agenda, course syllabus, outline and other supporting material as requested by the accrediting body. An individual may receive up to eight credit hours in a calendar year for college courses.
98. Review of denial Appeals of accreditation decisions. All appeals shall be made in writing no later than December 15 of each calendar year.
a. Appeals of locally denied credit local training coordinator accreditation decisions shall be submitted in writing to eEducation sServices staff for review and determination. The Education Services Director shall review the request and make a determination within fifteen business days of the request.
b. Appeals of the eEducation sServices division determination accreditation decisions shall be submitted in writing to the COJET chair in care of the eEducation sServices division dDirector for presentation to the COJET executive committee. The COJET executive committee chair shall review the request, contact other members of COJET at the chair's discretion, and make a determination and reply to the applicant within fifteen business days of the request.
109. Sponsor accreditation. Accredited sponsors may accredit programs they sponsor. Any person or organization with five years experience sponsoring continuing judicial education programs may apply for status as a COJET-accredited sponsor. Sponsors accepted for accreditation will not be required to apply for accreditation of individual programs. Application to become a COJET-accredited sponsor shall be made by the person or organization seeking that status. Sponsors shall accredit their own programs using the criteria defined in subsection (E)(1). The sponsor's typed application shall contain the following information: or be nominated to be an accredited sponsor by COJET. COJET may condition or terminate sponsor accreditation at any time.
a. Application. The typed application shall contain the following information:
a.(1)Whether or not the applicant is a non-profit organization;
b.(2)Information with respect to The approximate number of courses offered, by the applicant in the preceding three years, including the location, of courses and subject matter; , attendance, total hours of instruction and faculty for courses relating to the judiciary;
c.(3)An estimate of tThe approximate percentage of total courses sponsored that relate to continuing judicial education as compared to courses that do not relate to continuing judicial education offered by the applicant relating to the judiciary;
d.(4)A Ddescription of the experience and qualifications of each person key faculty involved in sponsoring, lecturing, teaching, or moderating of the program courses related to the judiciary; and
e.(5)Whether or not the sponsor is accredited A list of current accreditations or certifications granted by other organizations; and
f. The approximate number of courses offered by the applicant in the preceding three years including location of courses, subject matter, number of credits given, number of persons attending, total number of hours of instruction and the names of the speakers, instructors, lecturers or moderators; and
g.(6)A statement of willingness by the applicant to comply with COJET requirements for program accreditation and verification of attendance.
b. Upon receipt of the application, COJET will accept or deny and will promptly the applicant of the decision. COJET reserves the right, at any time, to condition or terminate the COJET-accredited status of any person or organization. Nomination. Members of COJET may nominate an individual or organization to be an accredited sponsor, subject to the approval of the full committee.
F. Compliance.
1. Full-time or part-time employees. All full-time and part-time judges and court personnel governed by these standards shall complete an annual minimum of sixteen hours of continuing education, including an ethics related course and job specific training. .
2. New full-time or part-time employees. All new full-time or part-time judges and court personnel governed by these standards shall complete the following minimum requirements during their first calendar year of employment according to the following prorated schedule:Employed During Minimum requirements January 1 — March 31 Twelve hours of required training education, including orientation, ethics and core curricula as applicable. April 1 — June 30 Eight hours of required training education, including orientation, ethics and core curricula as applicable. July 1 — September 30 Four hours of required training education, including orientation, ethics and core curricula as applicable. October 1 — December 31 Orientation and ethics as appropriate to the job position.
G. Non-Compliance.
1. Judges. Judges who fail to comply with the standards and are not exempt are subject to disciplinary action in accordance with applicable canons of the Code of Judicial Conduct.
2. Probation and court personnel. Court personnel who fail to comply and are non-exempt may be subject to disciplinary action by their respective administrative authorities.
H F. Exemptions.
1. Permanent exemptions. Temporary or on-call personnel, other than judges and law clerks, are exempt from compliance with the standards unless ordered to participate in judicial educational programs by their respective chief judge or presiding judge.
2. Temporary exemptions. Upon request, the chief justice, the chief judge, the presiding judge of the superior court in each county, or their designees may grant exemptions to judges and employees of their court for temporary circumstances, including but not limited to:
a. Medical or other physical conditions preventing active participation in educational programs;
b. Extended, approved leave of absence;
c. Military leave;
d. Extended jury duty;
e. Temporary or permanent medical waivers for defensive tactics courses, in accordance with ACJA § 6-107 (G)(10).
3. Qualifications for temporary exemption. To qualify for an exemption, an employee shall demonstrate a good faith effort to comply by acquiring COJET credit hours on a pro rata basis of four hours per quarter attend training prior to their request. An employee on medical or other leave may also qualify for an exemption from the core curricula and ethics training requirements.
I G. Certification and Reporting Procedures.
1. Individual compliance reporting. Judges and Eemployees shall file compliance forms reports with designated training coordinators at the appropriate court or county level in accordance with local policies and procedures.
2. Court and Ddepartment reporting.
a. The local training coordinator shall compile the maintain records of compliance reports for all individuals in their court or department.
b. The chief justice, the chief judge, the presiding judge of the superior court in each county, or their designee shall certify compliance, non-compliance, and exemptions by filing consolidated compliance reports for their respective courts or counties each year for the calendar year beginning January 1 and ending December 31.
c. The local training coordinator shall submit these a reports no later than January 31 of each calendar year to the eEducation sServices division using an approved reporting formats. The reporting shall include:
(1) The number of compliant individuals;
(2) Number of non-compliant individuals, including name, department, reason for non-compliance and completed credit hours;
(3) Number of individuals exempt from compliance, including name, department, reason for exemption, completed credit hours, and duration of leave, as appropriate; and
(4) List of all locally sponsored-programs;
(5) Documentation by the chief justice, the chief judge, the presiding judge of the superior court in each county to grant exemptions from compliance;
(6) The chief justice, the chief judge, the presiding judge of the superior court in each county definition of temporary staff; and
(74) Other information as requested by COJET, the AOC or the eEducation sServices division.
3. County reporting. Education sServices division staff shall compile and distribute final countywide reports to county superior court presiding judges for final approval. Education services shall compile county reports into a statewide judicial education report for submission to the chief justice no later than February 28 of each year.
4. Statewide judicial education report. Education Services shall compile county reports into a statewide judicial education report for submission to the chief justice no later than February 28 of each year.
H. General Requirements for Compliance.
1. All full-time judges and court personnel governed by these standards shall complete at least sixteen credit hours of judicial education each year, including ethics training.
2. New full-time judges and court personnel shall complete the requirements according to a prorated schedule.
3. New full-time judges, and full-time and part-time court personnel starting employment between:
a. January 1 — March 31 must complete twelve credit hours of judicial education, including orientation, ethics and core curricula;
b. April 1 — June 30 must complete eight credit hours of judicial education, including orientation, ethics and core curricula;
c. July 1 — September 30 must complete four credit hours of judicial education, including orientation, ethics and core curricula; or
d. October 1 — December 31 must complete orientation as appropriate to the job position.
4. Part-time court personnel regularly scheduled each week, who are neither judges nor new employees:
a. Between 30 and 39 hours shall complete twelve credit hours of judicial education each year;
b. Between 20 and 29 hours shall complete eight credit hours of judicial education each year; or
c. Less than 20 hours shall complete four credit hours of judicial education each year.
5. Specialized training.
a. Core Curricula. The court has identified areas of education essential to performing duties in the court system effectively. Administrators, clerks, probation and court personnel shall complete training in the following two core curricula, to be alternated annually as determined by COJET:
(1) Current and local issues within Arizona's court system; and
(2) Public service, effective communication and customer service.
b. Judges, clerks and staff who process Orders of Protection and Injunctions Against Harassment shall attend training on such orders and injunctions on a regular basis.
6. Non-compliance. Judges not meeting requirements and without an exemption are subject to disciplinary action in accordance with the Code of Judicial Conduct. Probation and court personnel not meeting requirements and without an exemption may be subject to disciplinary action by their respective administrative authorities.
J I. Requirements for Judges.
1. Educational requirements.
a. Judges shall participate in orientation as applicable to their position and jurisdiction.
b. Judges shall complete a minimum of sixteen hours of approved course work each year, including ethics training and attendance at an annual judicial conference designated by the supreme court. A judge may be excused from the conference only if a written request is approved by the chief justice. Judges who issue Orders of Protection and Injunctions Against Harassment shall attend training on such orders and injunctions on a regular basis.
2. Participant's responsibilities. As required by Canons 3B (2) and (13) of Consistent with the Code of Judicial Conduct, judges shall obtain and maintain professional competence through judicial education, spend such time as may reasonably be required to accomplish that purpose, support and assist other judges who may be attending judicial education programs as participants or faculty and, when reasonably able to do so, teach in judicial or legal education programs. In addition, jJudges shall report compliance with the standards by completing the reporting requirements described in subsection (I). complete mandatory judicial education including:
a. The general requirements specified in subsection (H);
b. Orientation as applicable to their position and jurisdiction;
c. Attendance at the annual judicial conference unless excused through a written request approved by the chief justice; and
d. Attendance at a program of regional or national scope at least once every three years.
32. Educational standards.
a. Judicial education shall address relevant areas such as judicial competence, performance, case management, opinion writing, and administration.
b. Judicial education programs are designed to impart knowledge, improve skills and techniques and increase the understanding of judges regarding their responsibilities and their impact on the judicial process, the people involved, and society. Judicial education programs shall include:
(1) Orientation for new judges on procedures and functions of the applicable court and relevant procedural and substantive law;
(2) Education for new judges on major legal subjects and practical skills needed by them and appropriate to the jurisdiction of the court in which they serve;
(3) Periodic educational offerings for all judges on the substantive, procedural, and evidentiary laws of Arizona, the ethics of the profession, United States constitutional law and applicable federal law;
(4) Continuing education programs emphasizing new developments in the law and judicial administration, procedural and technological developments in the judicial system, opinion writing, and other programs to enhance the efficiency, abilities, and knowledge of each judge;
(5) Advanced and specialized programs; and
(6) Independent learning opportunities for judges including bBench books, video and audio tapes programs, and other methods of independent non-facilitated learning opportunities.
4. Continuing education. Judges may attend a combination of approved local, regional or national programs in addition to the annual Arizona judicial conference. Judges should attend a program of regional or national scope at least once every three years to satisfy these requirements.
53. Appellate court judges.
a. Orientation. Before assuming office, or within twelve months after appointment, an experienced judge of the court in which aA new appellate judge will serve shall provide receive an orientation on administrative procedures and operation and procedural and substantive law applicable to that court by an experienced judge of the same court before assuming office or within twelve months after appointment.
b. Continuing education. At least every second year, the chief judges of the court of appeals, in satisfaction of these requirements, should shall attend the annual seminar or meeting of the Council of Chief Judges of Courts of Appeals.
64. Superior court judges.
a. Orientation. Before assuming office, or within the first twelve months of assuming office, a new superior court judge shall receive orientation by an experienced judge of the superior court and shall complete the orientation requirements for judges of general jurisdiction courts approved by COJET. Such orientations shall include procedures and functions of the superior court and applicable procedural and substantive law.
b. Bench assignment. The presiding judge of the court shall determine if a superior court judge shall attend an approved program before assuming a new assignment in a specialized division. The A judge shall complete the specialized dependency-training program approved by COJET before assuming a new assignment that involves dependency cases, prior to or within the first twelve months of assuming the a new assignment involving dependency cases.
75. Judges of limited jurisdiction courts. Judges Before assuming office, or within the first twelve months of assuming office, a new judge of a limited jurisdiction court shall participate in receive orientation provided by an experienced judge of a limited jurisdiction court and shall attend complete the orientation program for judges of limited jurisdiction courts of limited jurisdiction approved by COJET before assuming office, or within the first twelve months of assuming office. Such orientations shall include information regarding administrative procedures and functions and procedural and substantive law applicable to the court in which the judge serves.
86. Judges pro tempore. Judges pro tempore are officers of the court and have all of the duties and responsibilities of a judge. Proper orientation and continuing education assure that judges pro tempore are provided with information, process descriptions and procedures necessary to fulfill their judicial role. Judges pro tempore shall be subject to the following requirements:
a. Superior court judges pro tempore.
(1) Full-time superior court judges pro tempore serving the full term allowed by statute shall complete the same requirements as judges of the superior court:;
(a) Complete new judge orientation requirements for superior court judges approved by COJET before assuming duties, or within the first twelve months of assuming duties;
(b) Complete sixteen hours of continuing education, including ethics; and
(c) Attend the annual judicial conference.
(2) Part-time superior court judges pro tempore appointed to serve less than full-time, but serving repeatedly on a regularly scheduled basis, shall:
(a) Complete a specialized training program approved by COJET before assuming duties, prior to or within the first twelve months of assuming duties; and
(b) Complete other training deemed appropriate by the presiding judge of the court.
(3) On-call judges pro tempore shall complete training deemed appropriate by the presiding judge of the court.
b. Limited jurisdiction judges pro tempore.
(1) All limited jurisdiction judges pro tempore shall receive orientation by an experienced judge of a limited jurisdiction court before assuming duties, . Only unless waived by the presiding judge of the superior court in the respective county may waive this requirement.
(2) Full-time limited jurisdiction judges pro tempore shall: complete the same requirements as limited jurisdiction judges.
(a) Complete the requirements of new judge orientation for limited jurisdiction judges approved by COJET prior to assuming duties, or within twelve months of assuming duties; and
(b) Complete sixteen hours of continuing education, including ethics, and shall attend the annual judicial conference.
(3) Part-time limited jurisdiction judges pro tempore shall complete COJET-approved the training approved by COJET before assuming duties.
(4) The presiding judge of the superior court in the respective county may require part-time limited jurisdiction court judges pro tempore to complete other training deemed appropriate. Judges pro tempore shall sign an affidavit verifying completion of the required training. The local court shall submit the affidavit to the presiding judge of the superior court in the respective county.
(5) The presiding judge of the county may delegate the determination of training needed for on-call judges pro tempore in justice and municipal courts to the municipal or justice court presiding judge.
(a) Before assuming duties, a limited jurisdiction court judge pro tempore who serves on an on-call basis must complete COJET-approved training approved by COJET.
(b) The presiding judge of the superior court in the respective county may require limited jurisdiction court judges pro tempore who serve on an on-call basis to complete other training deemed appropriate.
(c) A judge pro tempore in a limited jurisdiction court shall sign an affidavit verifying completion of the required training. The local court shall submit the affidavit to the presiding judge of the superior court in the respective county.
97. Civil traffic and small claims hearing officers. Hearing officers are officers of the court. Proper orientation and continuing education assure that hearing officers are provided with information, process descriptions and procedures necessary to fulfill their judicial role. Hearing officers shall be are subject to the following requirements:
a. All hearing officers shall complete a specialized training program approved by COJET before assuming, prior to or within twelve months of assuming, hearing officer duties.
b. Paid hearing officers shall complete a minimum of sixteen hours of approved course work each year, including ethics training. Course work may include attendance at an the annual educational requirements for judges, but are not required to attend the annual judicial conference designated by the supreme court.; and
c. Volunteer hearing officers shall are not be subject to the continuing annual education requirements of COJET. The for judges, unless required by the presiding judge of the superior court in the respective county may require that volunteer hearing officers complete particular training programs.
K J. Standards for Administrators, Clerks and Court Personnel.
1. Program Education requirements. All Aadministrators, clerks and court personnel shall, at minimum, complete orientation within 90 days of hire and complete sixteen hours of approved course work each year, including ethics and core curricula training complete the general requirements.
2. Core curricula requirements. The court has identified the following areas of education as essential to effective performance of duties in the court system: the Arizona court system, including current or local issues; and working and communicating effectively with others. An overview of these areas is required as part of orientation with the first 90 days of employment. In addition, at least one course in each area is required every other year. These areas of education may have programs bearing different titles. Clerks or staff that assist judges with Orders of Protection and Injunctions Against Harassment shall attend training on such orders and injunctions on a regular basis.
3. Participant's responsibilities. Administrators, clerks and court personnel shall obtain and maintain professional competence through court-related education programs and shall report compliance with the standards by completing the reporting requirements described in subsections (F) and (I).
4. Curriculum standards. Court-related education and training programs shall:
a. Address the areas of proficiency, competency, and performance;
b. Impart knowledge and understanding of the Arizona judiciary and the legal process and increase the participant's understanding of the responsibilities of his or her position and its impact on the judicial process; and
c. Include:
(1) Local orientation within 90 days of hire or appointment;
(2) Attendance, as applicable, at local and regional seminars for clerks of each court;
(3) Advanced and specialized programs, if available and appropriate; and
(4) Independent learning opportunities including procedure manuals, video tapes, audio tapes and other methods of independent learning.
52. Orientation. Orientation for administrators, clerks, probation and court personnel shall take place upon assuming duties, but no later than 90 days; 30 days is recommended. Orientation after assuming duties and shall include : an
a. Eexplanation of their specific responsibilities of the office involved job duties and familiarization with court structure and procedures; and , including an overview of:
b. Overview of:
(1)a. The Arizona judiciary, including the structure and function of each court;
(2)b. Current issues in the courts, such as the Americans with Disabilities Act and ethics and diversity issues;
(3)c. Expectations when dealing with the public in the courts;
(4)d. An introduction to effective communication skills for court employees; and
(5)e. Local court related issues.; and
f. Judicial education.
6. Continuing education.
a. Administrators, clerks and court personnel shall complete training in the following two core curricula, to be alternated annually as determined by COJET:
(1) Courses dealing with current and local issues within Arizona's court system; and
(2) Courses dealing with public service, effective communication, customer service, or diversity.
b. Administrators, clerks, probation and court personnel shall also take courses, as applicable, in areas dealing with:
(1) Rules, statutes, and constitutional provisions applicable to the requirements of each position;
(2) Recording procedures, filing procedures and records management;
(3) Courtroom procedures;
(4) Court clerk training;
(5) Jury management;
(6) Uniformity of forms and procedures at each level of the court system;
(7) Use of the Arizona Revised Statutes;
(8) Financial, personnel, and time management; and
(9) Public relations.
c. Court personnel shall attend periodic local training programs and a state or regional training program at least once every three years.
d3. Court administrators, managers and directors should shall attend at least one program conducted out-of-state or one in-state program within each three-year time period, conducted by an established, nationally recognized training organization, such as: every three years.
(1) Institute for Court Management;
(2) National Council of Juvenile Court Judges;
(3) National Judicial College;
(4) National College of Juvenile Justice;
(5) National Center for State Courts;
(6) Institute of Judicial Administration; and
(7) National Association for Court Managers.
74. Training coordinators. Staff who serveing as training coordinators shall attend the a training coordinator orientation from the administrative office of the courts conducted by Education Services within the first 90 days of appointment.
LK. Standards for Probation Personnel.
1. Program Education requirements. All probation personnel shall complete the general education requirements specified in subsection (H). Probation personnel shall: complete orientation within 90 days of hire. Probation personnel shall also complete a minimum of sixteen hours of approved course work each year, including training in ethics and core curricula.
2. Core curricula requirements. The court has identified the following areas of education as essential to effective performance of duties in the court system: the Arizona court system, including current or local issues; and working and communicating effectively with others. An overview of these areas is required as part of orientation with the first 90 days of employment. In addition, at least one course in each area is required one every other year. These areas of education may have programs bearing different titles.
3. Continuing education. Probation personnel shall complete training in the following two core curricula, to be alternated annually as determined by COJET:
a. Courses dealing with current and local issues within Arizona's court system; and
b. Courses dealing with public service, effective communication, dealing with the public, and/or diversity.
4. Participant's responsibilities. Probation personnel shall obtain and maintain professional competence through court-related education programs and shall report compliance with the standards by completing the reporting requirements described in subsections (F) and (I).
52. Curriculum standards.
a. Training and staff development is defined as the human resource area that focuses on helping staff, through planned learning techniques, develop the key competencies needed to perform their current or future jobs. Court-related education shall address the areas of proficiency, competency, and performance.
ba. Training and staff development programs are designed to impart knowledge, improve skills and techniques and increase probation officers' understanding of their responsibilities and their impact on the judicial system, clients and society, and shall offer programs that meet the educational needs of probation officers at various stages of their careers. by imparting knowledge, improving skills and techniques, increasing understanding of job responsibilities and explaining the effects that probation can have on the judicial system, clients and society. Subject areas are at the discretion of the individual agency and may include:
(1) Case classification, risk and needs assessment;
(2) Cultural awareness;
(3) Caseload management and case planning;
(4) Creative problem-solving and decision-making;
(5) Role awareness, judgment and leadership;
(6) Specialized caseloads (e.g. alcohol, drugs, mental illness, white collar crime, gangs, sexual abusers, special learning needs, domestic violence and absconders);
(7) Introduction to intensive probation; and
(8) Personnel practices and procedures.
cb. Court-related education and training programs are designed to impart knowledge and understanding of the Arizona judiciary and the legal process and increase the participant's understanding of the responsibilities of the position and its impact on the judicial process. shall address the areas of proficiency, competency and performance. Court-related education and training programs shall include:
d. Court-related education and training programs shall include:
(1) Orientation prior to assumption of caseload and casework responsibilities;
(2) Education for new probation officers on major probation subjects and practical skills needed by them and appropriate to the agency in which they work;
(3) Continuing education for probation staff emphasizing new developments in the probation field, procedural developments in the judicial system and training needed to enhance individual efficiency and abilities;
(4) Periodic educational offerings for management staff in organizational development and supervisory skills;
(5) Advanced and specialized programs for chief probation officers managers; and
(6) Independent Non-facilitated learning opportunities for probation staff including video and audio tapes, and other methods of independent learning.
63. Standards for Training program requirements for new probation and surveillance officers.
a. Orientation. Prior to assumption of caseload and casework responsibilities, all new adult and juvenile probation officers shall receive orientation within the first 90 days of employment. Specific subject areas shall include, but are not limited to:, including the following subjects:
(1) Agency mission, goals and objectives;
(2) Agency policies and procedures;
(3) Utilization of agency resources;
(4) Role of the professional probation officer;
(5) Court philosophy, judicial system roles, responsibilities and inter-relationships;
(6) Rules of criminal procedure, the criminal code, and sentencing alternatives (adult);
(7) Personnel procedures, performance appraisal, affirmative action diversity, grievance procedures, the Code of Conduct for Judicial Employees, disciplinary actions;
(8) Privacy, security and confidentiality of records; and
(9) Philosophy of staff development, training requirements and specific job responsibilities.
b. Probation Officer Certification Academy. All new adult and juvenile probation officers shall successfully complete the Probation Officer Certification Academy within the first twelve months of employment in accordance with ACJA § 6-104. Specific training areas shall include, but are not limited to:
(1) Evidence based practices;
(12) Ethics;
(23) Courtroom testimony, responsibilities and behavior;
(34) Legal liabilities and issues in probation;
(45) Understanding and managing probationer behavior;
(5) Role of alcohol abuse in delinquent and criminal behavior
(6) Role of substance abuse in delinquent and criminal behavior;
(7) Role of lack of employment in delinquent and criminal behavior;
(87) Utilizing community resources;
(98) Listening and Communication skills; and
(10) Effective writing skills;
(119) Interviewing techniques; and.
(12) Interpersonal skills.
c. Officer safety orientation. All new adult and juvenile probation and surveillance officers shall successfully complete the eight-hour officer safety orientation within 30 days of hire in accordance with ACJA § 6-107 (g)(10).
d. Defensive tactics and firearms. All probation and surveillance officers in safety sensitive positions shall: academy. In the first twelve months of employment, all new adult and juvenile probation and surveillance officers shall successfully complete the defensive tactics academy in accordance with ACJA § 6-107 (g)(10).
(1) Successfully complete the Defensive Tactics Academy within the first twelve months of employment, and annually thereafter a minimum of eight hours of defensive tactics refresher training in accordance with ACJA § 6-107; and
(2) If approved to attend, successfully complete the Firearms Academy and participate in mandatory training thereafter, re-qualifying annually in accordance with ACJA § 6-113.
7. Standards for probation and surveillance officers.
a. All adult and juvenile probation and surveillance officers shall successfully complete, at minimum:
(1) Orientation and initial training within 90 days of hire;
(2) Sixteen hours of approved training annually, including training in ethics and core curricula;
(3) Eight hours annually of defensive tactics refresher training, in accordance with ACJA § 6-107 (g)(10);
(4) Firearms training, as provided by ACJA § 6-113, for officers authorized to carry a firearm; and
(5) Successful completion of the Institute for Intensive Probation training within twelve months of assignment for all officers assigned to the intensive probation supervision (IPS) program.
b. Training may be obtained in-house or outside of the agency. Approved, job-related college credit shall be applied to no more than eight of the sixteen-hour requirement upon successful completion of a course. Subject areas are at the discretion of the individual agency. Topics may include, but are not limited to:
(1) Case classification, risk and needs assessment;
(2) Officer safety and discretion in the field;
(3) Cultural awareness;
(4) Caseload management and case planning;
(5) Creative problem-solving and decision-making;
(6) Role awareness, judgment and situational leadership;
(7) Specialized caseloads (alcohol, drugs, mental illness, white collar crime, gangs, sexual abusers);
(8) Introduction to intensive probation; and
(9) Personnel practices and procedures.
8. Standards for probation management staff. All adult and juvenile probation management staff shall successfully complete, at minimum:
a. Orientation and initial training within 90 days of hire;
b. Sixteen hours of approved training annually, including:
(1) Ethics;
(2) Core curricula; and
(3) Eight hours of defensive tactics refresher training annually, in accordance with ACJA § 6-107 (g)(10).
c. Firearms training as required by ACJA § 6-113 for officers authorized to carry a firearm.
4. Training program requirements for intensive probation supervision (IPS) officers. All adult and juvenile probation and surveillance officers assigned to the IPS program shall successfully complete the Institute for Intensive Probation Supervision training within twelve months of assignment.
95. Standards for probation training staff. Adult and juvenile probation agencies in counties with a population of over 500,000 shall have a full-time training department supervised by a qualified employee at the supervisor or higher management level. The training staff shall dedicate all of their time to training and training-related activities. Every training officer shall complete train the trainer activities each year.:
a. Orientation and initial training within 90 days of hire; and
b. Sixteen hours of approved training annually, including:
(1) Ethics;
(2) Core curricula; and
(3) Train-the-trainer activities each year.
106. Standards for chief probation officers and directors of juvenile court. Every chief probation officer or director of juvenile court services shall complete: attend at least one program conducted out-of-state or in-state by an established, nationally recognized training organization every three years.
a. Orientation and initial training within 90 days of hire;
b. Probation certification academy within first year of hire;
c. Sixteen hours of approved training annually, including:
(1) Ethics; and
(2) Core curricula
d. Firearms training as required by ACJA § 6-113 for officers authorized to carry a firearm; and
e. At least one out-of-state or in-state program, within each three-year time period, conducted by an established, nationally recognized training organization such as:
(1) National Institute of Corrections;
(2) Institute for Court Management;
(3) National Council of Juvenile Court Judges;
(4) American Corrections Association;
(5) American Corrections Association;
(6) National College of Juvenile Justice;
(7) National Center for State Courts;
(8) Institute of Judicial Administration;
(9) Western Corrections Association;
(10) American Probation and Parole Association;
(11) National Association for Court Managers. L. Standards for Detention Personnel.
Detention officers shall comply with the Arizona Juvenile Detention Standards for detention staff training.
M. Funding and Financial Assistance.
1. Funding sources.
a. State funds. The state of Arizona, through the supreme court, shall make funding available, whenever possible, for attendance of judges and court personnel at to attend local, state and national judicial education programs.
b. Local funds. Judges and administrators responsible for preparing court budgets shall request funds from their funding authority needed necessary to support the educational requirements and efforts of judges and court personnel of their court. Increased The supreme court will request state appropriations will be requested by the supreme court, when necessary, to fund compliance with educational standards and to enhance the quality of educational programs.
2. Financial assistance.
a. Programs within the state. Available sSupreme court education funds set aside available for direct financial assistance shall be used first to support mandatory in state orientation programs for new judges and other education priorities established by the chief justice.
b. Programs outside the state. Supreme court education funds available for direct financial assistance may be available for attendance at nNational jJudicial cCollege or nNational cCenter for sState cCourts programs.
(1) Available funds shall be used in order of the following priorities:
(a) Newly elected or appointed judges seeking to attend a suitable comprehensive resident national judicial education program or school.
(b) Judges and court personnel who have complied complying with the education standards but who have been unable to attend a suitable comprehensive resident national judicial education program or school within the first two years of their taking office.
(c) Judges and court personnel who have complied complying with the education standards and who last attended a resident national judicial education program or school three or more years prior to seeking financial assistance from the supreme court.
(d) Judges and court personnel complying with the education standards seeking to attend non-resident seminars and educational conferences applicable to their judicial responsibilities and jurisdictional level who comply with these standards.
(e) Where an urgent or critical need exists, a judge may be considered for direct financial assistance more than once during the same year, assuming funds are available and taking into account the needs of other judges in the categories listed above.
(2) When funding financial assistance is available, judges and court personnel seeking to apply for financial assistance shall contact the education services division for complete a scholarship application.
c. Tuition and conference fees. State funds may be available on a limited basis to pay tuition or registration fees for approved programs. These funds, when available, may be requested through the AOC Education Services. State funds shall not be used to pay conference fees or program charges such as fees for attendance at sporting events, excursions, plays, or social activities. When meals are included in conference fees, individual participants can request reimbursement of meal-related expenditures at the approved state rate.
N. Social Programs. When appropriate, social programs may be initiated and developed by professional associations. Social events held in conjunction with education programs shall not interfere with education sessions. All programs held in conjunction with COJET or eEducation sServices sponsored events shall be coordinated with the eEducation sServices staff.