Supreme Court of Missouri
en banc

In re:

(1) Designation of Municipal Judge Education Committee.

(2) Repeal of Rule 18, entitled “Municipal Judge Continuing Education Requirements and Nonlawyer Certification,” consisting of subdivisions 18.01 to 18.06, inclusive, and the regulations thereto, and in lieu thereof adoption of a new Rule 18, entitled “Municipal Judge Continuing Education Requirements and Nonlawyer Certification,” consisting of subdivisions 18.01 to 18.06, inclusive.

(3) Approval of regulations for Rule 18.


1.  It is ordered that the Municipal Division Education Committee shall be known as the Municipal Judge Education Committee.

2.  It is ordered that effective September 1, 2001, Rule 18, consisting of subdivisions 18.01 to 18.06, inclusive, and the regulations thereto, be and the same are hereby repealed and a new Rule 18, consisting of subdivisions 18.01 to 18.06, inclusive, adopted in lieu thereof to read as follows:

• 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.

18.02 DUTIES OF THE COMMITTEE
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.

18.03 DUTIES OF THE STATE COURTS        
          ADMINISTRATOR
The state courts administrator shall:
(a) Receive and record the annual continuing education reports from municipal judges;
(b) Annually report to the committee concerning the status of minimum continuing education for municipal judges in this state.

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.

18.05 CONTINUING JUDICIAL EDUCATION    
          REQUIREMENTS
(a) Each municipal judge shall complete and report during each reporting year at least fifteen 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).   Those 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.  
A speaker at an accredited program or activity may receive credit for presentation and preparation time.
(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, 1996, 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 nonlawyer municipal judge completing more than fifteen 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 fifteen 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) A municipal judge is not required to complete or report any credit hours in the reporting year in which the judge initially takes office.
(e) Upon 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.

18.06 REPORTING REQUIREMENTS - SANCTIONS –
          REVIEW(a) On or before July 31 of each year, each 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.
(b) Every 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 first 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 ninety days of the date the notice was mailed information establishing compliance with this Rule 18.  
Within sixty 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 fifteen 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.

3.  It is ordered that effective September 1, 2001, the regulations to Rule 18, consisting of Regulation 18.01 to Regulation 18.07, inclusive, be and the same are hereby approved.  As approved the regulations shall read:

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.

REGULATION 18.02 DUTIES OF THE COMMITTEE
(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 18.03 DUTIES 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 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 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 18.05.3 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 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.

REGULATION 18.07 REPORTING REQUIREMENTS –
                  SANCTIONS – REVIEW
(a) Annual Affidavit.  On or before July 31 every year, each 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 court 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 Rules 18.05 and 18.06.

4.  It is It is ordered that notice of this order be published in the Journal of The Missouri Bar.

5.  It is ordered that this order be published in the South Western Reporter.

Day - to - Day

___________________________
STEPHEN N. LIMBAUGH, JR.
Chief Justice