Supreme Court of Missouri
en banc
May 5, 2009
Effective July 1, 2009
Effective July 1, 2009
In re:
Repeal of subdivision 18.03, entitled "Duties of Office of State Courts Administrator," subdivision 18.05, entitled "Continuing Judicial Education Requirements," subdivision 18.06, entitled "Reporting Requirements - Sanctions - Review," and Regulation 18.07, entitled "Reporting Requirements - Sanctions - Review," of Rule 18, entitled “Municipal Judge Continuing Education Requirements and Nonlawyer Certification,” and in lieu thereof adoption of a new subdivision 18.03, entitled "Duties of Office of State Courts Administrator," a new subdivision 18.05, entitled "Continuing Judicial Education Requirements," a new subdivision 18.06, entitled "Reporting Requirements - Sanctions - Review," and a new Regulation 18.07, entitled "Reporting Requirements - Sanctions - Review.”
ORDER
1. It is ordered that effective July 1, 2009, subdivision 18.03, subdivision 18.05, subdivision 18.06, and Regulation 18.07 of Rule 18 be and the same are hereby repealed and a new subdivision 18.03, a new subdivision 18.05, a new subdivision 18.06, and a new Regulation 18.07 adopted in lieu thereof to read as follows:
- 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.
18.05 CONTINUING JUDICIAL EDUCATION REQUIREMENTS
(a) Each non-lawyer municipal judge shall complete and report during each reporting year at least 15 credit hours of accredited programs and activities. Credit hours completed pursuant to Rule 18.05(b) may be used to fulfill the requirements of this Rule 18.05(a).
Lawyer municipal judges, subject to the provisions of Rule 15, shall complete five credit hours of accredited programs or activities under this Rule 18. Such credit hours completed pursuant to this Rule 18.05(a) 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.
(b) At least three credit hours of accredited programs and activities devoted exclusively to judicial ethics or professionalism must be completed on or before June 30, 2011, and at least every three years thereafter. Credit hours completed pursuant to this Rule 18.05(b) may be used to fulfill the requirements of Rule 18.05(a).
(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.
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.
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.
2. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
3. It is ordered that this order be published in the South Western Reporter.
Day - to - Day
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LAURA DENVIR STITH
Chief Justice
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LAURA DENVIR STITH
Chief Justice