Rule
3-403. Judicial branch education.
Intent:
To establish the Judicial Branch Education
Committee’s responsibility to develop and evaluate a comprehensive education
program for all judges, commissioners and court staff.
To establish education standards for judges,
commissioners and court staff, including provisions for funding and
accreditation for educational programs.
To ensure that education programs, including
opportunities for job orientation, skill and knowledge acquisition, and
professional and personal development, are available to all members of the
judicial branch and that such programs utilize the principles of adult
education and focus on participative learning.
To emphasize the importance of participation
by all judicial branch employees in education and training as an essential
component in maintaining the quality of justice in the Utah courts.
Applicability:
This rule shall apply to all judges,
commissioners and court staff, except seasonal employees and law clerks.
Statement of the Rule:
(1) Organization.
(1)(A) Judicial branch education committee.
The Judicial Branch Education Committee shall submit to the Council for
approval proposed policies, standards, guidelines, and procedures applicable to
all judicial branch education activities. It shall evaluate and monitor the
quality of educational programs and make changes where appropriate within the
approved guidelines for funding, attendance, and accreditation.
(1)(B) Responsibilities of members.
Committee members shall propose policies and procedures for developing,
implementing, and evaluating orientation, continuing skill development, and
career enhancement education opportunities for all judicial branch employees;
formulate an annual education plan and calendar consistent with the judicial
branch education budget; and serve as advocates for judicial branch education,
including educating the judiciary about the purpose and functions of the
Committee.
(1)(C) Committee meetings.
(1)(C)(i) The
Committee shall meet twice a year. Additional meetings may be called as
necessary. A majority of voting members in attendance is required for official
Committee action.
(1)(C)(ii) The chairperson may recommend to
the Council that a Committee member be replaced if that member is absent
without excuse from two consecutive Committee meetings or fails to meet the
responsibilities of membership as outlined in paragraph (1)(B).
(2) Administration. Judicial Education
Officer. The Judicial Education Officer, under the direction of the Court
Administrator, shall serve as staff to the Committee and be responsible for the
administration of the judicial education program consistent with this rule.
(3) Standards for judges and court
commissioners.
(3)(A)(i) Program
requirements. All judges and court commissioners shall participate in a
designated orientation program during their first year. All judges, court
commissioners, active senior judges, and active senior justice court judges
shall complete 30 hours of pre-approved education annually, to be implemented
on a schedule coordinated by the Committee. Judges of courts of record and
court commissioners may attend a combination of approved local, state, or
national programs. Active and inactive senior judges and retired judges may
attend approved local or state programs and the annual Utah Judicial
Conference, but an inactive senior judge or retired judge must pay all
expenses.
(3)(A)(ii) Inactive senior judges and
retired judges. If an inactive senior judge or a retired judge applies to be an
active senior judge, the judge shall demonstrate that:
(3)(A)(ii)(a) less than three years has
passed since he or she last complied with the continuing education requirements
of an active senior judge;
(3)(A)(ii)(b) he or she has complied with
the MCLE requirements of the Utah State Bar for at least three years before the
application;
(3)(A)(ii)(c) he or she has attended 30
hours of approved judicial education within one year before the application; or
(3)(A)(ii)(d) he or she has attended the new
judge orientation for judges of the courts of record within one year before the
application. (3)(B)(i) Program components. Education
programs for judges and court commissioners shall include: a mandatory new
judge orientation program; a variety of programs addressing substantive and
procedural law topics, aimed at skill and knowledge acquisition; and programs
geared to professional and personal development, to meet the continuing needs
of judges and court commissioners over the long term.
(3)(B)(ii) Annual conferences. Justice court
judges and active senior justice court judges shall attend the annual justice
court conference unless excused by the Management Committee for good cause.
Because the annual judicial conference represents the only opportunity for judges
to meet and interact as a group and to elect their representatives, judges,
active senior judges and court commissioners of the courts of record are
strongly encouraged to attend that conference.
(4) Standards for court staff.
(4)(A) State employees.
(4)(A)(i) Program
requirements. All court staff employed by the state shall complete 20 hours of
approved coursework annually.
(4)(A)(ii) Program components. Education
programs for court staff employed by the state shall include: on-the-job
orientation for new employees as well as semi-annual Orientation Academies;
skill development programs that teach technical and job-related competencies;
and enhancement programs that promote personal and professional growth within
the organization.
(4)(B) Local government employees.
(4)(B)(i) Program
requirements. All court staff employed by the justice courts shall complete 10
hours of approved coursework annually. All other court staff employed by local
government shall complete 20 hours of approved coursework annually.
(4)(B)(ii) Program components. Education
programs for court staff employed by local government shall include: annual
training seminar; skill development programs that teach technical and job-related
competencies; and enhancement programs that promote personal and professional
growth.
(5) Reporting.
(5)(A) Judges, commissioners and court staff
governed by these standards shall report participation in education programs on
a form developed by the Committee.
(5)(B) For court staff, compliance with
judicial branch education standards shall be a performance criterion in the
evaluation of all staff.
(5)(B)(i)
Supervisory personnel are responsible to ensure that all staff have an opportunity to participate in the required
education. Failure of a supervisor to meet the minimum education standards or
to provide staff with the opportunity to meet minimum education standards will
result in an unsatisfactory performance evaluation in the education criterion.
(5)(B)(ii) Failure of staff to meet the
minimum education requirements will result in an unsatisfactory evaluation on
the education criterion unless the employee provides documented reasons that
the employee’s failure to meet the education standards is due to reasons beyond
the employee’s control.
(6) Credit. Judicial education procedures
shall include guidelines for determining which programs qualify as approved
education within the meaning of these standards.
(7) Funding.
(7)(A) Budget. In preparing its annual
request for legislative appropriations, the Council shall receive and consider
recommendations from the Committee. The Committee’s annual education plan shall
be based upon the Council’s actual budget allocation for judicial education.
(7)(B) In-state education programs. Judicial
branch funds allocated to in-state judicial education shall first be used to
support mandatory in-state orientation programs for all judicial branch
employees and then for other education priorities as established by the
Committee with input from the Boards of Judges and Administrative Office.
(7)(C) Out-of-state education programs. To
provide for diverse educational development, to take advantage of unique
national opportunities, and to utilize education programs which cannot be
offered in-state, the annual education plan shall include out-of-state
education opportunities. The Committee shall approve national education
providers and shall include in the education procedures, criteria to be applied
by the Administrative Office to out-of-state education requests. Criteria shall
include relevance to the attendee’s current assignment and attendance at
in-state programs. Disagreement with a decision to deny an out-of-state
education request may be reviewed by a quorum of the Committee at the
applicant’s request.
(7)(D) Tuition, fees, and travel. The
Committee shall develop policies and procedures for paying tuition, fees, per
diem, and travel for approved programs. State funds cannot be used to pay for
discretionary social activities, recreation, or spouse participation. The
Committee may set financial limits on reimbursement for attendance at elective
programs, with the individual participant personally making up the difference
in cost when the cost exceeds program guidelines.