18.01 | Definitions18.02 | Duties of the Subcommittee18.03 | Duties of the Office of State Courts Administrator18.04 | Certification of Nonlawyer Judges18.05 | Continuing Judicial Education Requirements18.06 | Reporting Requirements – Sanctions – Review18.07 | Reporting Requirements – Sanctions – Review – Regulations for Continuing Legal Education
First Adopted: October 27, 1992
Most Recently Effective: April 06, 2020
Rule 18 | Rules Governing The Missouri Bar and the Judiciary | Municipal Judge Continuing Education Requirements and Nonlawyer Certification
18.01 | Definitions
As used in this Rule 18, the following terms mean:
(a) "Accredited program or activity," a program or activity sponsored by the committee, the Missouri Municipal and Associate Circuit Judges Association, the National Judicial College, the National Judges Association, or a program or activity sponsored by The Missouri Bar or other organization that is devoted exclusively to judicial education or directly contributes to the professional competency of judges;
(b) "Certification," the course of instruction and examination prescribed by the committee that nonlawyer judges shall complete in order to continue to serve beyond their initial six months in office;
(c) "Committee," the Municipal Judge Education Committee;
(d) "Credit hour," at least fifty minutes of instruction or the equivalent;
(e) "Lawyer," a member of The Missouri Bar except lawyers paying an annual enrollment fee pursuant to Rule 6.01(j)(3);
(f) "Municipal judge," a judge of the municipal division of a circuit court, including any provisional or substitute judge, who is not also an associate circuit judge;
(g) "Nonlawyer judge," a municipal judge not licensed to practice law in this state;
(h) "Reporting year," the twelve months between July first of one year and June 30th of the following year;
(i) "State courts administrator," the office of state courts administrator.
(Adopted October 27, 1992, effective July 1, 1993. Amended February 3, 1995, effective January 1, 1996; amended July 12, 2001, effective September 1, 2001.)
Regulations For Continuing Legal Education
Regulation 18.01 | Definitions
As used in Regulations 18.01 to 18.06:
(a) Accredited programs or activities include:
(1) Programs or activities offered by a sponsor already accredited or identified by The Missouri Bar pursuant to Rule 15 that also conform with the requirements of Rule 18.01(a);
(2) Programs or activities approved by the committee pursuant to Regulation 18.05(c); or
(3) Speaker credit pursuant to Regulation 18.06.1.
(b) Minutes of instruction or the equivalent do not include introductory remarks, coffee or meal breaks or business meetings.
(c) The number of credit hours of continuing legal education completed in any approved program or activity by a municipal judge shall be computed by:
(1) Determining the total minutes of instruction or the equivalent;
(2) Dividing the total by 50; and
(3) Rounding the quotient up or down to the nearest one-tenth of an hour.
(d) An accredited sponsor is a sponsor all of whose programs or activities are accredited.
(e) An identified sponsor is a sponsor approved to offer a single accredited program or activity.
(f) Judicial ethics or professionalism programs, seminars, or activities include but are not limited to programs, seminars, or activities, or designated portions thereof, as follows:
(1) Professionalism – instruction concerning judicial ethics; the duties of judges to the judicial system, courts, and the public; the history of the judiciary; rules of judicial conduct; and jurisprudence and philosophy of law;
(2) Judicial ethics – instruction concerning Rule 2.
(g) COVID-19 Extension of Reporting Year. As a result of the coronavirus disease (COVID-19) pandemic, the reporting year for 2019-2020 will be for the 15 months between July 1, 2019, and September 30, 2020. Any extra credit hours earned during the 2019-2020 reporting year may be carried over as prescribed in Regulation 18.06(d).
(Regulation approved August 30, 1993, effective August 30, 1993. Amended February 3, 1995, effective January 1, 1996; amended July 12, 2001, effective September 1, 2001; amended April 6, 2020, effective April 6, 2020.)
First Adopted: October 27, 1992
Most Recently Effective: September 01, 2001
Rule 18 | Rules Governing The Missouri Bar and the Judiciary | Municipal Judge Continuing Education Requirements and Nonlawyer Certification
18.02 | Duties of the Subcommittee
The committee shall:
(a) Recommend to the state courts administrator, for certification to this Court, the names of those found to have successfully completed the certification course;
(b) Determine the content of the course of instruction and examination to be given to nonlawyer judges as part of the certification process;
(c) Conduct annual training programs for municipal judges as funding allows;
(d) Accredit programs and activities and sponsors that satisfy the requirements of this Rule 18;
(e) Exercise general supervisory authority over compliance with continuing judicial education requirements;
(f) Promulgate, amend and revise regulations relevant to the above duties necessary to implement this Rule 18. Such regulations are to be consistent with the provisions of this Rule 18 and shall not be effective until approved by this Court.
(Adopted October 27, 1992, effective July 1, 1993. Amended July 12, 2001, effective September 1, 2001.)
Regulations for Continuing Legal Education
Regulation 18.02 | Duties of the Subcommittee
(a) The committee shall accredit programs, seminars, or activities pursuant to Regulation 18.05.
(b) Notice of all regulations to be promulgated implementing Rule 18 shall be sent sixty days prior to promulgation to the Court.
(Regulation approved August 30, 1993, effective August 30, 1993. Amended July 12, 2001, effective September 1, 2001.)
First Adopted: October 27, 1992
Most Recently Effective: July 01, 2009
Rule 18 | Rules Governing The Missouri Bar and the Judiciary | Municipal Judge Continuing Education Requirements and Nonlawyer Certification
18.03 | Duties of the Office of State Courts Administrator
The state courts administrator shall:
(a) Receive and record the annual continuing education reports from non-lawyer municipal judges;
(b) Annually report to the committee concerning the status of minimum continuing education for non-lawyer municipal judges in this state; and
(c) Assist the committee in the review of lawyer municipal judge CLE reporting, including the approval to receive CLE reporting forms from The Missouri Bar.
(Adopted October 27, 1992, effective July 1, 1993. Amended July 12, 2001, effective September 1, 2001; amended May 5, 2009, effective July 1, 2009.)
Regulations for Continuing Legal Education
Regulation 18.03 | Duties of the Office of State Courts Administrator
(a) The state courts administrator shall:
(1) Keep and maintain copies of all policies and procedures of the committee;
(2) Determine the number of credit hours that shall be accorded an authorized program or activity as provided by these regulations;
(3) Transmit to the committee or its member designees all requests for accreditation of programs, requests for waivers or extensions, and requests for exemptions due to hardship or extenuating circumstances as permitted by these regulations. Staff, together with the authorized designee members of the committee, shall determine all such requests and transmit the determination to the party making the request within the time prescribed by these regulations.
(4) Give all notices as provided by Rule 18.06(b) in accordance with the directions of the committee or its member designees.
(Regulation approved August 30, 1993, effective August 30, 1993. Amended July 12, 2001, effective September 1, 2001.)
First Adopted: October 27, 1992
Most Recently Effective: September 01, 2001
Rule 18 | Rules Governing The Missouri Bar and the Judiciary | Municipal Judge Continuing Education Requirements and Nonlawyer Certification
18.04 | Certification of Nonlawyer Judges
Each nonlawyer municipal judge shall satisfactorily complete the certification course of instruction prescribed by the committee as required by section 479.020, RSMo.
(Adopted October 27, 1992, effective July 1, 1993. Amended July 12, 2001, effective September 1, 2001.)
Regulations for Continuing Legal Education
Regulation 18.04 | Certification of Nonlawyer Judges
In addition to requirements of Rule 18.04, all nonlawyer judges shall be required to follow those policies and procedures prescribed for certification by the committee.
(Regulation approved August 30, 1993, effective August 30, 1993. Amended July 12, 2001, effective September 1, 2001.)
First Adopted: October 27, 1992
Most Recently Effective: November 15, 2019
Rule 18 | Rules Governing The Missouri Bar and the Judiciary | Municipal Judge Continuing Education Requirements and Nonlawyer Certification
18.05 | Continuing Judicial Education Requirements
(a) Each non-lawyer municipal judge shall complete and report, during each reporting year, a total of at least 15 credit hours of accredited programs, seminars, and activities. On or before June 30, 2020, and every year thereafter:
(1) at least three of the total 15 credit hours must be devoted exclusively to accredited ethics programs, seminars, and activities, including professionalism, substance abuse, mental health, legal or judicial ethics, malpractice prevention, explicit and implicit bias, diversity, inclusion, or cultural competency programs, seminars, and activities; and
(2) at least one of the three ethics credit hours required under Rule 18.05(a)(1) must be devoted exclusively to explicit or implicit bias, diversity, inclusion, or cultural competency.
Failure to meet these requirements may result in referral to the commission on retirement, removal and discipline.
(b) Lawyer municipal judges, subject to the provisions of Rule 15, shall complete five credit hours of accredited programs, seminars, or activities under this Rule 18. Such credit hours completed pursuant to this Rule 18.05(b) may be used to fulfill the requirements of Rule 15. Lawyer municipal judges shall report CLE hours to The Missouri Bar in accordance with and subject to Rule 15.
Failure to meet these requirements may result in referral to the commission on retirement, removal and discipline.
(c) A non-lawyer municipal judge completing more than 15 hours of accredited programs and activities during one reporting year may receive credit in the next succeeding reporting year for the excess credit hours not to exceed 15 credit hours.
A lawyer municipal judge completing more than five credit hours of accredited programs and activities during one reporting year may receive credit in the next succeeding reporting year for the excess credit hours not to exceed five credit hours.
(d) Within 12 months after beginning service as a municipal judge, the judge shall complete a course of orientation training accredited by the committee. The course shall be repeated if the judge ceases being a judge for at least 24 months before again becoming a judge. A non-lawyer municipal judge is not required to complete or report any credit hours in excess of those awarded for such orientation training in the reporting year in which the judge initially begins service.
(e) A non-lawyer judge may submit a written application to the committee and, for good cause shown, the committee may grant waivers or extensions of time of the credit hours or reporting requirements of this Rule 18 in individual cases involving hardship or extenuating circumstances. Lawyer judges are subject to the requirements of Rule 15 to request a waiver or extension.
(Adopted October 27, 1992, effective July 1, 1993. Amended February 3, 1995, effective January 1, 1996; July 12, 2001, effective September 1, 2001; amended April 26, 2005, effective January 1, 2006; amended May 5, 2009, effective July 1, 2009; amended November 14, 2011, effective January 1, 2012; amended June 30, 2019, effective July 1, 2019; amended November 15, 2019, effective November 15, 2019.)
Regulations for Continuing Legal Education
Regulation 18.05 | Accreditation of Programs, Seminars, Activities, and Sponsors
(a) Programs, seminars, activities, and sponsors already accredited pursuant to Rule 15 are also considered accredited for purposes of this Rule 18 if the content is applicable under this Rule 18. No additional reporting or recordkeeping is required of the sponsor.
(b) The committee shall, upon application by a sponsor or a municipal judge, accredit those programs, seminars, and activities that qualify for credit under this Rule 18.
(c) Accreditation Process.
(1) Any sponsor not already accredited pursuant to Rule 15 and desiring approval of an individual program, seminar, or activity must apply to the committee for identified sponsor status not later than 60 days prior to the date the program, seminar, or activity is scheduled. Application shall be on forms provided by the committee.
(2) Any municipal judge may seek accreditation of a program, seminar, or activity offered by a sponsor other than an accredited sponsor. The judge should make application either before the occurrence of the program, seminar, or activity or within 30 days of the completion of the program, seminar, or activity. Application shall be on forms provided by the committee.
(3) The committee shall advise the applicant in writing within 60 days of the receipt of the application whether the application has been approved or disapproved.
(4) The committee may waive the application deadlines in this Regulation 18.05 upon good cause shown.
(5) Each sponsor accredited under Regulation 18.05(c) shall retain records of attendance at all programs, seminars, and activities for at least three years after the date of completion of the program, seminar, or activity. A record of attendance by an individual municipal judge shall be made available to the judge, his or her attorney, or the committee upon request.
(6) Unless otherwise directed by the Court, the files, records, and proceedings relating to continuing legal education requirements of this Rule 18 shall be confidential and shall not be disclosed except to the municipal judge affected upon written request of the judge or his or her attorney.
(Regulation approved August 30, 1993, effective August 30, 1993. Amended July 12, 2001, effective September 1, 2001; amended November 15, 2019, effective November 15, 2019.)
First Adopted: October 27, 1992
Most Recently Effective: April 06, 2020
Rule 18 | Rules Governing The Missouri Bar and the Judiciary | Municipal Judge Continuing Education Requirements and Nonlawyer Certification
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 18 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 October 27, 1992, effective July 1, 1993. Amended July 12, 2001, effective September 1, 2001; amended May 5, 2009, effective July 1, 2009.)
Regulations for Continuing Education
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 18 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 18. 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.
(Regulation approved August 30, 1993, effective August 30, 1993. Amended February 3, 1995, effective January 1, 1996; amended July 12, 2001, effective September 1, 2001; amended April 6, 2020, effective April 6, 2020.)
First Adopted: August 30, 1993
Most Recently Effective: July 01, 2009
Rule 18 | Rules Governing The Missouri Bar and the Judiciary | Municipal Judge Continuing Education Requirements and Nonlawyer Certification
18.07 | Reporting Requirements – Sanctions – Review – Regulations for Continuing Legal Education
Regulations for Continuing Legal Education
Regulation 18.07 | Reporting Requirements – Sanctions – Review
(a) Annual Affidavit. On or before July 31 every year, each non-lawyer municipal judge shall report, by written affidavit to the state courts administrator, the judge's completion of, or exemption from, the requirements of this Rule 18.
The affidavit shall include:
(1) The number of credit hours of accredited programs, seminars, or activities that the judge completed in the applicable reporting year;
(2) The number of credit hours to be carried forward from the immediately preceding reporting year;
(3) The number of credit hours to be carried over to the next succeeding reporting year;
(4) The number of credit hours of programs and activities devoted exclusively to professionalism, legal or judicial ethics as required by Rule 18.05(b); and
(5) Any other credit hours to which the judge is entitled.
The state courts administrator on or before April 30 shall provide the form for such affidavit to the judge. The affidavit filed by a judge shall establish compliance with the requirements of Rule 18.05 and the reporting requirement of Rule 18.06, unless the affidavit is incomplete or otherwise does not demonstrate compliance with the requirements of Rule 18.05 and Rule 18.06.
(Regulation approved August 30, 1993, effective August 30, 1993. Amended July 12, 2001, effective September 1, 2001; amended May 5, 2009, effective July 1, 2009.)