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Section/Rule:
18.06
Subject:
Rule 18 - Rules Governing the Missouri Bar and the Judiciary - Municipal Judge Continuing Education Requirements and NonLawyer Certification
Publication / Adopted Date:
October 27, 1992
Topic:
Reporting Requirements - Sanctions - Review
Revised / Effective Date:
April 6, 2020
18.06. Reporting Requirements - Sanctions - Review
(
a
) On or before July 31 of each year, each non-lawyer municipal judge shall report the number of credit hours of accredited judicial education programs or activities completed in the previous reporting year to the state courts administrator. A speaker at an accredited program or activity may report credit for presentation and preparation time.
(
b
) Every non-lawyer judge failing to meet the continuing education requirements of this Rule
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shall be notified by mail addressed to the judge's last known address. The notice shall be mailed not later than September 1 of each year.
The notice shall advise that the judge has not filed the required report or the required number of credit hours and that the judge, if subject to this Rule
18
, may file within 90 days of the date the notice was mailed information establishing compliance with this Rule
18
.
Within 60 days of the receipt of the information, the committee shall determine if the judge has participated in the required number of credit hours of accredited programs or activities or if the judge is entitled to a waiver of the requirement or an extension of time to comply with the requirement.
If it is determined that the judge has participated in the required number of credit hours, is entitled to a waiver, or is entitled to an extension of time, the judge shall be so notified within 15 days of the decision.
If the committee determines that the judge has not participated in the required number of credit hours, is not entitled to a waiver, and is not entitled to an extension of time, the judge shall be so notified, and the committee shall report the noncompliance to the commission on retirement, removal, and discipline.
(Adopted Oct. 27, 1992, eff. July 1, 1993. Amended July 12, 2001, eff. Sept. 1, 2001; May 5, 2009, eff. July 1, 2009.)
Regulations for Continuing Education
The Missouri Supreme Court approved the following Regulation for Municipal Judge Continuing Education Requirements and Nonlawyer Certification:
Regulation 18.06. Credit and Exemptions
(
a
)
Speaker Credit
.
(1) Any municipal judge who participates as a speaker at an accredited program or activity and does not receive compensation, other than reasonable expenses, shall receive credit for the following:
(A) Actual presentation time, including both initial and repeat presentations; and
(B) Actual preparation time up to a maximum of 15 credit hours for each 50 minutes of presentation time (not to include repeat presentations of the same material).
(2) The standards set forth in
Regulation 18.01
shall determine the number of credit hours to be received for the presentation time, preparation time and research and writing time. The number of credit hours to be received by a municipal judge shall be reported on the affidavit required by
Regulation 18.07.1
.
(
b
)
Exemptions
. Any municipal judge who is elected or appointed is exempt from this
Rule 18
during the reporting year of the initial election or appointment to the bench. This exemption does not apply to subsequent election or appointment of a municipal judge who has continuously served as a municipal judge.
(
c
)
Hardship and Extenuating Circumstances
. Any municipal judge for whom compliance with this Rule
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is unreasonably difficult due to:
(1) Military or other governmental service at an isolated place of duty, or
(2) Any other good cause, upon a written request setting forth the grounds therefor, shall be granted a waiver or extension of time to comply with this Rule
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. A municipal judge should make the written request at least 60 days prior to the end of the reporting year except in cases when such a deadline is impractical or inappropriate.
To qualify for hardship or extenuating circumstances, the municipal judge shall be required to demonstrate the claimed hardship or circumstance directly impairs the ability of the municipal judge to attend and complete sufficient accredited programs.
The committee, as provided by these regulations, shall review and approve or disapprove such requests on an individual basis and without delay. Rejection of any such request shall be reviewed as provided in Rule 18.06.
(
d
)
Carryover Credit Hours
.
(1) A nonlawyer municipal judge completing more than fifteen credit hours, or a lawyer municipal judge completing more than five credit hours, of accredited programs or activities during one reporting year shall receive credit in the next reporting year for such excess credit hours if the excess credit hours are reported on the municipal judge's affidavit for the reporting year in which they were completed and are designated as hours to be carried forward.
(2) Credit hours of programs and activities devoted exclusively to professionalism, legal, or judicial ethics may be included in determining the amount of carryover credit that a municipal judge may report pursuant to Regulation 18.06.5(a).
Credit hours in excess of the requirements of
Rule 18.05(b)
may not be carried forward to satisfy the requirement of
Rule 18.05(b)
in a subsequent professionalism compliance period.
(
e
) COVID-19 Extension of Reporting Deadline.
As a result of the coronavirus disease (COVID-19) pandemic, the reporting deadline for the 2019-2020 reporting year for non-lawyer municipal judges is extended until October 31, 2020. Every non-lawyer municipal judge failing to meet the
Rule 18
continuing education requirements shall be notified by mail addressed to the judge's last known address no later than December 31, 2020, and shall be subject to the procedures outlined in Rule 18.06(b) thereafter.
(Approved eff. Aug. 30, 1993. Amended Feb. 3, 1995, eff. Jan. 1, 1996; July 12, 2001, eff. Sept. 1, 2001; Apr. 6, 2020, eff. Apr. 6,2020.)
