Opinion
No. 89-R-99019-SCT.
September 7, 2011.
ORDER
This matter is before the Court en banc on the recommendation of the Continuing Judicial Education Committee to change Rules 3 and 4, and to delete rules 7 and 8 of the Rules and Regulations for Mandatory Continuing Judicial Education. After due consideration, the Court finds that the amendments set forth in Exhibit "A" will promote the fair and efficient administration of justice.
IT IS THEREFORE ORDERED that the recommendation of the Continuing Judicial Education Committee to change Rules 3 and 4, and to delete rules 7 and 8 of the Rules and Regulations for Mandatory Continuing Judicial Education is hereby approved by this Court. Rules 3, 4, 7, and 8 are amended or deleted as set forth in Exhibit "A". These amendments are effective on July 1, 2012.
IT IS FURTHER ORDERED that the Clerk of this Court shall spread this order upon the minutes of the Court and that a true certified copy be forwarded forthwith to West Publishing Company for publication in Southern Reporter Third Series (Mississippi Edition) and the Mississippi Rules of Court.
SO ORDERED, this the 7 th day of September, 2011.
EXHIBIT A
CONTINUING JUDICIAL EDUCATION Rule 3: CJE Requirement
The use of the term "judges" herein shall be deemed to include Senior Judges, Family Court Judges, Circuit Judges, Chancellors, County Court Judges, Youth Court Judges, including Youth Court Referees, Court of Appeals Judges, and Supreme Court Justices. Each judge and justice in the State of Mississippi shall attend, or complete an approved substitute for attendance, a minimum of twelve (12) actual hours of approved Continuing Judicial Education ("CJE") during each successive twelve (12) month period (the "CJE year") from and after August 1 of each year, of which one hour shall be in the area of legal ethics, professional responsibility, professionalism, (the "ethics/professionalism hour"), except for Youth Court Referees and new judges as hereinafter provided, and provided the funding for said educational programs is available through the Mississippi Judicial College or state travel allowance.
For every new Youth Court Referee there shall be a requirement that every referee, within six (6) months of being appointed to office, receive at least twelve (12) actual hours of juvenile justice training, approved by the Mississippi Judicial College and thereafter complete at least twelve (12) actual hours of juvenile justice training, approved by the Mississippi Judicial College, each calender year beginning January 1, 1998 provided funding is available through the Mississippi Judicial College or state travel allowance.
Every new circuit, chancery, county, family court judge, elected or appointed, there shall be a requirement that every judge shall attend, within one year of taking office, even though (s)he has not taken office, the General Jurisdiction course at the National Judicial College at Reno, Nevada, or other judicial college approved by the Committee on Continuing Judicial Education provided funding is available through the Mississippi Judicial College or state travel allowance.
Every new justice, elected or appointed, to the Supreme Court and judge, elected or appointed, to the Court of Appeals of the State of Mississippi, shall attend, within one year of taking office, an appropriate appellate judges course approved by the Committee on Continuing Judicial Education provided funding is available through the Mississippi Supreme Court or state travel allowance, or Mississippi Judicial College.
Every new judge, elected or certified to take office on the Court of Appeals, shall attend an intensive education program to be presented by Mississippi Judicial College or other appropriate appellate course. Said program will be approved by the Committee on Continuing Judicial Education provided funding is available through the Mississippi Supreme Court, state travel allowance, or Mississippi Judicial College. This intensive course may eliminate the first year course required in the immediate preceding paragraph if approved by the CJE Committee.
RULE 4. CREDITS.
(a) Credit will be given for CJE programs approved by the Mississippi Judicial College.
(b) A maximum of twelve (12) hours in excess of the minimum annual requirement may be carried forward for credit in the succeeding year, except those acquired from a Judge Advocate General program. However, no hours completed in the area of legal ethics, professional responsibility, professionalism shall be carried forward.
(c) Credit may be earned through teaching an approved CJE course or teaching a course in law schools approved by the Mississippi Judicial College.
(d) Youth Court Referees may only earn credit by attending juvenile justice training approved by the Mississippi Judicial College.
RULE 7. ADDITIONAL POLICIES
[Deleted]
RULE 8. SUNSET REVIEW
[Deleted]