Here you go. Please glance through the following list of changes to the California Rules of Court effective January 1, 2012.
For additional background on these changes, please visit here and locate the December 13, 2011, agenda and meeting materials.
Rule 5.405. Judgment checklists................................................................................ 2
Rule 5.407. Review of judgments based on default and uncontested judgments
submitted by declaration under Family Code section 2336..................................... 2
submitted by declaration under Family Code section 2336..................................... 2
Rule 5.409. Default and uncontested hearings on judgments submitted on
the basis of declarations under Family Code section 2336....................................... 2
the basis of declarations under Family Code section 2336....................................... 2
Rule 8.70. Purpose, application, construction, and definitions................................... 3
Rule 8.79. Actions by court on receipt of electronic filing......................................... 3
Rule 8.401. Confidentiality........................................................................................ 4
Rule 10.452. Minimum education
requirements, expectations, and
recommendations...................................................................................................... 5
recommendations...................................................................................................... 5
Rule 10.461. Minimum education
requirements for Supreme Court and
Court of Appeal justices........................................................................................... 6
Court of Appeal justices........................................................................................... 6
Rule 10.462. Minimum education
requirements and expectations for
trial court judges and subordinate judicial officers.................................................. 7
trial court judges and subordinate judicial officers.................................................. 7
Rule 10.468. Content-based and
hours-based education for superior court
judges and subordinate judicial officers regularly assigned to hear
probate proceedings.................................................................................................. 9
judges and subordinate judicial officers regularly assigned to hear
probate proceedings.................................................................................................. 9
Rule 10.469. Judicial education
recommendations for justices, judges,
and subordinate judicial officers............................................................................ 10
and subordinate judicial officers............................................................................ 10
Rule 10.471. Minimum education
requirements for Supreme Court and
Court of Appeal clerk/administrators..................................................................... 11
Court of Appeal clerk/administrators..................................................................... 11
Rule 10.472. Minimum education
requirements for Supreme Court and
Court of Appeal managing attorneys, supervisors, and other personnel................ 11
Court of Appeal managing attorneys, supervisors, and other personnel................ 11
Rule 10.473. Minimum education
requirements for trial court executive
officers.................................................................................................................... 13
officers.................................................................................................................... 13
Rule 10.474. Trial court managers,
supervisors, and other personnel....................... 13
Rule 10.478. Content-based and
hours-based education for court investigators,
probate attorneys, and probate examiners.............................................................. 14
probate attorneys, and probate examiners.............................................................. 14
Rule 10.481. Approved providers;
approved course criteria.................................... 16
Rule 10.491. Minimum education
requirements for Administrative Office
of the Courts executives, managers, supervisors, and other employees................. 19
of the Courts executives, managers, supervisors, and other employees................. 19
Rule 5.405.
Judgment checklists
The Judgment
Checklist—Dissolution/Legal Separation (form FL-182) lists the forms that
courts may require to complete a judgment based on default or uncontested judgment
in dissolution or legal separation cases based on a declaration under Family
Code section 2336. The court may not require any additional forms or
attachments.
Rule 5.405 adopted effective January 1, 2012.
Rule 5.407.
Review of judgments based on default and uncontested judgments submitted
by declaration under Family Code section 2336
Once a valid proof of service of summons has been filed
with the court or respondent has made a general appearance in the case:
(a) Court review
The court must conduct a procedural review all the documents submitted
for judgment based on default or uncontested judgments submitted under Family
Code section 2336 and notify the attorneys or self-represented litigants who
submitted them of all identified defects.
(b) Notice of errors and
omissions
Basic information for correction of the defects must be included in any
notification to attorneys or self-represented litigants made under (a).
Rule 5.407 adopted effective January 1, 2012.
Rule 5.409.
Default and uncontested hearings on judgments submitted on the basis of
declarations under Family Code section 2336
The decision to hold a hearing in a case in which a
judgment has been submitted on the basis of a declaration under Family Code
section 2336 should be made on a case-by-case basis at the discretion of the
court or request of a party. Courts must allow judgments in default and
uncontested cases to be submitted by declaration pursuant to section 2336 and
must not require that a hearing be conducted in all such cases.
Rule 5.409 adopted effective January 1, 2012.
Article 4. E-filing Pilot Project
in Second Appellate District
Division 1. Rules
Relating to the Supreme Court and Courts of Appeal– Chapter 1. General
Provisions–Article 4. E-filing amended
effective January 1, 2012.
Rule 8.70. Purpose, application, construction, and
definitions
(a) Purpose
The purpose of the rules in this
article is to facilitate the implementation and testing of an e-filing
projects in the Supreme Court and the Courts of Appeal,
Second Appellate District.
(Subd (a) amended
effective January 1, 2012.)
(b) Application
Notwithstanding any other rules to
the contrary, the rules in this article govern filing and service by electronic
means in the Supreme Court and the any Court of Appeal,
Second Appellate District that elects to implement an e-filing project.
(Subd (b) amended
effective January 1, 2012.)
(c) ***
(d) Definitions
As used in this article, unless
the context otherwise requires:
(1) “The court” is means the Supreme Court or any the
Court of Appeal, Second Appellate District that elects to implement
an e-filing project.
(2)–(9)
* * *
(Subd (d) amended effective January 1, 2012; adopted
effective January 1, 2011.)
Rule 8.70 amended effective January 1, 2012; adopted
effective July 1, 2010; previously amended effective January 1, 2011.
Rule 8.79. Actions by court on receipt of
electronic filing
(a)—(d) ***
(e) Endorsement
(1) The court’s endorsement of a
document electronically filed must contain the following: “Electronically filed
by California Court of Appeal, Second Appellate District [Name of
Court], on _____ (date),” followed by the name of the court clerk.
(2)–(3)
***
(Subd (e) amended effective January 1, 2012.)
Rule 8.79 amended effective January 1, 2012; adopted
effective July 1, 2010; previously amended effective January 1, 2011.
Rule 8.401.
Confidentiality
(a) References to
juveniles or relatives in documents
To protect the anonymity of juveniles involved in juvenile court
proceedings:
(1) In all documents filed by
the parties in proceedings under this chapter, a juvenile must be referred to
by first name and last initial; but if the first name is unusual or other
circumstances would defeat the objective of anonymity, the initials of the
juvenile may be used.
(2) In
opinions that are not certified for publication and in court orders, a juvenile may be referred to either by first name and last initial or by his or her
initials. In opinions
that are certified for publication in proceedings under this chapter, a juvenile must be referred to by first name and last
initial; but if the first name is unusual or other circumstances would defeat
the objective of anonymity, the initials of the juvenile may be used.
(3) In
all documents filed by the parties and in all court orders and opinions in
proceedings under this chapter, if use of the full name of a juvenile’s
relative would defeat the objective of anonymity for the juvenile, the relative
must be referred to by first
name and last initial; but if the first name is unusual or other circumstances
would defeat the objective of anonymity for the juvenile, the initials
of the relative may be used.
(Subd (a) adopted effective January 1, 2012.)
(a)(b) Access to
filed documents
(1) Except as provided in (3)(2),
the record on appeal and documents filed by the parties in proceedings under
this chapter may be inspected only by the reviewing court and appellate project
personnel, the parties or their attorneys, and other persons the court may
designate.
(2) To protect anonymity, a party must be referred to by first name
and last initial in all filed documents and court orders and opinions; but if the first name is
unusual or other circumstances would defeat the objective of anonymity, the
party’s initials may be used.
(3)(2) Filed documents that protect anonymity as required by (2)(a)
may be inspected by any person or entity that is considering filing an amicus
curiae brief.
(Subd (b) relettered and amended effective January 1,
2012; adopted as subd (a).)
(b)(c) ***
(Subd (c) relettered effective January 1, 2012; adopted as
subd (b).)
Rule 8.401 amended effective January 1, 2012; adopted
effective July 1, 2010.
Rule 10.452.
Minimum education requirements, expectations, and recommendations
(a)–(b) ***
(c) Relationship of minimum
education requirements and expectations to education recommendations
The education requirements and expectations set forth in rules
10.461–10.462 and 10.471–10.474 are minimums. Justices, judges, and subordinate
judicial officers should participate in more judicial education than is
required and expected, related to each individual’s responsibilities and
particular judicial assignment or assignments and in accordance with the
judicial education recommendations set forth in rule 10.469. Additional
education requirements related to the specific responsibilities
of hearing family law matters are set forth in rule 10.463Clerk/administrators,
court executive officers, and other court personnel should participate in more
education than is required, related to each individual's responsibilities and
in accordance with the education recommendations set forth in rule 10.479.
(for those hearing family law matters), rule 10.464 (for those hearing domestic
violence issues), and rule 10.468 (for those hearing probate proceedings).
(Subd (c) amended effective January 1, 2012; previously amended
effective January 1, 2008.)
(d)–(g) ***
Rule 10.452 amended effective January 1, 2012; adopted
effective January 1, 2007; previously amended effective January 1, 2008.
Rule 10.461.
Minimum education requirements for Supreme Court and Court of Appeal
justices
(a) ***
(b) Content-based requirement
Each new Court of Appeal justice, within two years of confirmation of
appointment, must attend a new appellate judge justice
orientation program sponsored by a national provider of appellate orientation
programs or by the Administrative Office of the Courts’ Education
Division/Center for Judicial Education and Research.
(Subd (b) amended effective January 1, 2012; adopted as
unlettered subd effective January 1, 2007; previously amended and lettered
effective January 1, 2008.)
(c) Hours-based continuing
education
(1) ***
(2) The following education
applies toward the required 30 hours of continuing judicial education:
(A) Any education
offered by an approved provider listed in (see rule
10.481(a)) and any other education, including education taken to satisfy
a statutory or other education requirement, approved by the Chief Justice or
the administrative presiding justice as meeting the criteria listed in rule
10.481(b).
(B)–(C) ***
(Subd (c) amended effective January 1, 2012; adopted
effective January 1, 2008.)
(d)–(e) ***
Rule 10.461 amended effective January 1, 2012; adopted
effective January 1, 2007; previously amended effective January 1, 2008, and August
15, 2008.
Rule 10.462.
Minimum education requirements and expectations for trial court judges
and subordinate judicial officers
(a) Applicability
All California trial court judges must complete the minimum judicial
education requirements for new judges under (c)(1) and are expected to
participate in continuing education as outlined under (d). All subordinate
judicial officers must complete the minimum education requirements for new subordinate
judicial officers under (c)(1) and for continuing education as outlined under
(d). All trial court judges and subordinate judicial officers who hear family
law matters must complete additional education requirements set forth in rule
10.463. All trial court judges and subordinate judicial officers who hear
certain types of matters must participate in education on domestic violence
issues as provided in rule 10.464. All trial court judges and subordinate
judicial officers regularly assigned to hear probate proceedings must complete
additional education requirements set forth in rule 10.468. All trial court
judges and subordinate judicial officers should participate in more judicial
education than is required and expected, related to each individual’s
responsibilities and particular judicial assignment or assignments and in
accordance with the judicial education recommendations set forth in rule
10.469.
(Subd (a) amended effective January 1, 2012; previously amended
effective January 1, 2008.)
(b) ***
(c) Content-based requirements
(1) Each new trial court judge and
subordinate judicial officer must complete the “new judge education” provided
by the Administrative Office of the Courts’ Education Division/Center for
Judicial Education and Research (CJER) as follows:
(A)–(B) ***
(C) The B. E.
Witkin Judicial College of California within two years of taking the oath as a
judge or subordinate judicial officer For purposes of the New Judge
Orientation Program, a judge or subordinate judicial officer is considered
"new" only once, and any judge or subordinate judicial officer who
has completed the New Judge Orientation Program, as required under this rule or
under former rule 970, is not required to complete the program again. A judge
or subordinate judicial officer who was appointed, elected, or hired before
rule 970 was adopted on January 1, 1996, is not required to complete the
program., unless the new judge completed the Judicial College as a new
subordinate judicial officer, in which case the presiding judge may determine
whether the new judge must complete it again.
(2) Each new judge
beginning a supervising judge role is expected to complete the
following education, unless he or she is returning to a similar supervising
judge role after less than two years in another assignment or is beginning a
supervising judge role less than two years after serving in the presiding judge
role and completing the Presiding Judges Orientation and Court Management
Program.
(A)–(C) ***
(3) Each judge beginning a new
presiding judge role is expected to complete CJER’s Presiding Judges
Orientation and Court Management Program within one year of beginning the
presiding judge role, preferably before beginning the role unless he or she
is returning to a presiding judge role after two years or less in another role
or assignment.
(4) ***
(Subd (c) amended effective January 1, 2012; previously
amended effective January 1, 2008, and July 1, 2008.)
(d) Hours-based continuing
education
(1) Each judge is expected to and
each subordinate judicial officer must complete 30 hours of continuing judicial
education every three years, beginning on the dates outlined:
(A) A new judge or
new subordinate judicial officer enters the three-year continuing education
period on January 1 of the year following the period provided for completion
of the required new judge education; continuing education expectations for
judges and requirements for subordinate judicial officers are prorated based on
the number of years remaining in the three-year period.
(B) For all other
judges and subordinate judicial officers, the first three-year period begins on
January 1, 2007.
(2) The following education
applies toward the expected or required 30 hours of continuing judicial
education:
(A) The
content-based courses under (c)(2), (3), and (4) for a new supervising judge, a
new presiding judge, and a judge or subordinate judicial officer beginning a
new primary assignment (the “new judge education” required under (c)(1) does
not apply); and
(B) Any other education
offered by an approved provider listed in (see rule
10.481(a)) and any other education, including education taken to satisfy
a statutory or other education requirement, approved by the presiding judge as
meeting the criteria listed in rule 10.481(b).
(3)–(5) ***
(Subd (d) amended effective January 1, 2012; previously amended
effective January 1, 2008.)
(e)–(g) ***
Rule 10.462 amended effective January 1, 2012; adopted
effective January 1, 2007; previously amended effective January 1, 2008, July 1,
2008, and August 15, 2008.
Rule 10.468.
Content-based and hours-based education for superior court judges and
subordinate judicial officers regularly assigned to hear probate proceedings
(a)–(b) ***
(c) Hours-based continuing
education
(1)–(2) ***
(3) The first continuing education
period for judicial officers who were regularly assigned to hear probate
proceedings before the effective date of this rule and who continue in the
assignment after that date is two years, from January 1, 2008, through December
31, 2009, rather than three years. The continuing education requirements in (1)
are prorated for the first continuing education period under this
paragraph. The first full three-year period of continuing education for
judicial officers under this paragraph begins on January 1, 2010.
(4)–(5) ***
(6) A judicial officer may fulfill
the education requirement in (1) or (2) through AOC-sponsored education, an
approved provider listed in (see rule 10.481(a)), or a
provider education approved by the judicial officer’s presiding
judge as meeting the education criteria specified in rule 10.481(b).
(7) The education required in (1)
or (2) may be by traditional (live, face-to-face) or distance learning means,
such as broadcasts, videoconferences, or online coursework, but may not be by
self-study.
(8) A judicial officer who
serves as faculty for a California court-based audience, as defined in rule
10.462(d)(4), for education required in (1) or (2) may be credited with three
hours of participation for each hour of presentation the first time a course is
given and two hours for each hour of presentation each subsequent time the
course is given.
(Subd (c) amended effective January 1, 2012.)
(d)–(e) ***
Rule 10.468 amended effective January 1, 2012; adopted
effective January 1, 2008.
Rule 10.469.
Judicial education recommendations for justices, judges, and subordinate
judicial officers
(a) Judicial education
recommendations generally
Each justice, judge and subordinate judicial officer, as part of his or her
continuing judicial education, should regularly participate in educational
activities related to his or her responsibilities and particular judicial
assignment or assignments. Minimum education requirements and expectations
related to judicial responsibilities and assignments are set forth in rules
10.461–10.462. Additional education requirements related to the specific
responsibility responsibilities of hearing family law matters
are set forth in rule 10.463 (for those hearing family law matters), rule
10.464 (for those hearing domestic violence issues), and rule 10.468
(for those hearing probate proceedings). The following recommendations
illustrate for some specific responsibilities and assignments how justices,
judges, and subordinate judicial officers should participate in more judicial
education than is required and expected.
(Subd (a) amended effective January 1, 2012.)
(b) Jury trial assignment
Each judge or subordinate judicial officer assigned to jury trials should
regularly use the Administrative Office of the Courts’ Education
Division/CJER Center for Judicial Education and Research (CJER)
educational materials or other appropriate materials and should regularly
complete CJER or other appropriate educational programs devoted to the conduct of
jury voir dire and the treatment of jurors.
(Subd (b) amended effective January 1, 2012.)
(c)–(e) ***
Rule 10.469 amended effective January 1, 2012; adopted
effective January 1, 2008.
Rule 10.471.
Minimum education requirements for Supreme Court and Court of Appeal
clerk/administrators
(a) ***
(b) Hours-based requirement
(1) ***
(2) The following education
applies toward the required 30 hours of continuing education:
(A) Any education
offered by an an approved provider listed in (see
rule 10.481(a)) and any other education, including education taken to
satisfy a statutory or other education requirement, approved by the Chief
Justice or the administrative presiding justice as meeting the criteria listed
in rule 10.481(b).
(B)–(C) ***
(Subd (b) amended effective January 1, 2012.)
(c)–(d) ***
Rule 10.471 amended effective January 1, 2012; adopted
effective January 1, 2008.
Rule 10.472.
Minimum education requirements for Supreme Court and Court of Appeal
managing attorneys, supervisors, and other personnel
(a)–(b) ***
(c) Hours-based requirements
(1)–(3) ***
(4) Any education offered by an
approved provider listed in (see rule 10.481(a)) and
any other education, including education taken to satisfy a statutory,
rules-based, or other education requirement, that is approved by the
clerk/administrator, the managing attorney, or the employee’s supervisor as
meeting the criteria listed in rule 10.481(b) applies toward the orientation
education required under (b) and the continuing education required under (c)(1)
and (2).
(5) Each hour of participation in
traditional (live, face-to-face) education; distance education such as
broadcasts, and videoconferences courses, online coursework; and
faculty service counts toward the requirement on an hour-for-hour basis. Each
managing attorney, supervisor, and other employee must complete at least half
of his or her continuing education hours requirement as a participant in
traditional (live, face-to-face) education. The managing attorney, supervisor,
or other employee may complete the balance of his or her education hours
requirement through any other means with no limitation on any particular type
of education. The hours applied for participation in online coursework
are limited to a total of 4 hours for managers, supervisors, and appellate
judicial attorneys and to a total of 3 hours for other personnel in each
two-year period; these limits are prorated for individuals who enter the
two-year period after it has begun. Self-directed study is encouraged for
professional development but does not apply toward the required hours.
(6) A managing attorney,
supervisor, or other employee who serves as faculty by teaching legal or
judicial education for a legal or judicial audience for a California
court-based audience (i.e., justices, judges, subordinate judicial officers,
temporary judges, or court personnel) may apply education the
following hours for the of faculty service. 3 hours
for each hour of presentation the first time a given course is presented and 2
hours for each hour of presentation each subsequent time that the course if
presented. The hours applied for faculty service are limited to 6 hours for
managers, supervisors, and appellate judicial attorneys and to 4 hours for
other personnel in each two year period; these limits are prorated for
individuals who enter the two-year period after it has begun. Credit for
faculty service counts toward the continuing education requirement in the same
manner as all other types of education—on an hour-for-hour basis.
(Subd (c) amended effective January 1, 2012.)
(d)–(e) ***
Rule 10.472 amended effective January 1, 2012; adopted
effective January 1, 2008.
Rule 10.473.
Minimum education requirements for trial court executive officers
(a)–(b) ***
(c) Hours-based requirement
***
(2) The following education
applies toward the required 30 hours of continuing education:
(A) Any education
offered by an approved provider listed in (see rule
10.481(a)) and any other education, including education taken to
satisfy a statutory or other education requirement, approved by the presiding
judge as meeting the criteria listed in rule 10.481(b).
(B)–(C) ***
(Subd (c) amended effective January 1, 2012; previously
amended effective January 1, 2008, and January 1, 2011.)
(d)–(e) ***
Rule 10.473 amended effective January 1, 2012; adopted as
rule 10.463 effective January 1, 2007; previously amended and renumbered
effective January 1, 2008; previously amended effective January 1, 2011.
Rule 10.474.
Trial court managers, supervisors, and other personnel
(a)–(b) ***
(c) Hours-based requirements
(1)–(3) ***
(4) Any education offered by an
approved provider listed in (see rule 10.481(a)) and
any other education, including education taken to satisfy a statutory, rules-based,
or other education requirement, that is approved by the executive officer or
the employee’s supervisor as meeting the criteria listed in rule 10.481(b)
applies toward the orientation education required under (b) and the continuing
education required under (c)(1) and (2).
(5)–(7) ***
(Subd (c) amended effective January 1, 2012; previously amended
effective January 1, 2008.)
(d)–(e) ***
Rule 10.474 amended effective January 1, 2012; adopted as
rule 10.464 effective January 1, 2007; previously amended and renumbered
effective January 1, 2008.
Rule 10.478.
Content-based and hours-based education for court investigators, probate
attorneys, and probate examiners
(a) ***
(b) Content-based requirements for
court investigators
(1) ***
(2) A court investigator may
fulfill the education requirement in (1) through AOC-sponsored education, an
approved provider listed in (see rule 10.481(a), or a
provider education approved by the court executive officer or the
court investigator’s supervisor as meeting the education criteria specified in
rule 10.481(b).
(3)–(4) ***
(Subd (b) amended effective January 1, 2012.)
(c) Content-based education for
probate attorneys
(1) ***
(2) A probate attorney may fulfill
the education requirement in (1) through AOC-sponsored education, an
approved provider listed in (see rule 10.481(a), or a
provider education approved by the court executive officer or the
probate attorney’s supervisor as meeting the education criteria specified in
rule 10.481(b).
(3)–(4) ***
(Subd (c) amended effective January 1, 2012.)
(d) Content-based education for
probate examiners
(1) ***
(2) A probate examiner may fulfill
the education requirement in (1) through AOC-sponsored education, an
approved provider listed in (see rule 10.481(a), or a
provider education approved by the court executive officer or the
probate examiner’s supervisor as meeting the education criteria specified in
rule 10.481(b).
(3)–(4) ***
(Subd (d) amended effective January 1, 2012.)
(e) Hours-based education for
court investigators
(1) ***
(2) A court investigator may
fulfill the education requirement in (1) through AOC-sponsored education, an
approved provider listed in (see rule 10.481(a), or a
provider education approved by the court executive officer or the
court investigator’s supervisor as meeting the education criteria specified in
rule 10.481(b).
(3)–(4) ***
(Subd (e) amended effective January 1, 2012.)
(f) Hours-based education for
probate attorneys
(1) ***
(2) A probate attorney may fulfill
the education requirement in (1) through AOC-sponsored education, an
approved provider listed in (see rule 10.481(a), or a
provider education approved by the court executive officer or the
probate attorney’s supervisor as meeting the education criteria specified in
rule 10.481(b).
(3)–(4) ***
(Subd (f) amended effective January 1, 2012.)
(g) Hours-based education for
probate examiners
(1) ***
(2) A probate examiner may fulfill
the education requirement in (1) through AOC-sponsored education, an approved
provider listed in (see rule 10.481(a), or a provider
education approved by the court executive officer or the probate
examiner’s supervisor as meeting the education criteria specified in rule
10.481(b).
(3)–(4) ***
(Subd (g) amended effective January 1, 2012.)
(h)–(i) ***
Rule 10.478 amended effective January 1, 2012; adopted
effective January 1, 2008.
Rule 10.481.
Approved providers; approved course criteria
(a) Approved providers
The Administrative Office of the Courts’ Education Division/CJER is
responsible for maintaining a current list of approved providers. The list of
approved providers must include the Administrative Office of the Courts, the
California Judges Association, and all California state courts and should
include other reputable national and state organizations that regularly offer
education directed to justices, judges, and court personnel. The director of
the Education Division/CJER may add or remove organizations from the list of
approved providers as appropriate according to these criteria. Any
education program offered by any of the following approved
providers that is relevant to the work of the courts or enhances the individual
participant’s ability to perform his or her job may be applied toward the
education requirements and expectations stated in rules 10.461–10.479, except
for the requirements stated in rules 10.461(b), 10.462(c), and 10.473(b), for
which specific providers are required:.
(1) California Administrative
Office of the Courts;
(2) California Judges Association;
(3) Supreme Court of California;
(4) California Courts of
Appeal;
(5) Superior Courts of
California;
(6) State Bar of California;
(7) National Judicial College;
(8) National Center for State
Courts;
(9) National Council of Juvenile
and Family Court Judges;
(10) National Association of
Women Judges;
(11) American Bar Association;
(12) National Association for
Court Management;
(13) American Judges Association;
(14) American Academy of Judicial
Education;
(15) Dwight D. Opperman Institute
of Judicial Administration;
(16) National Institute of
Justice;
(17) Law schools accredited by
the American Bar Association;
(18) Accredited colleges and
universities;
(19) Continuing Education of the
Bar – California;
(20) Local California bar
associations;
(21) California Court
Association;
(22) Superior Court Clerks’
Association of the State of California;
(23) Council of Chief Judges of
Courts of Appeal;
(24) Roscoe Pound Institute,
Annual Forum for State Appellate Court Judges;
(25) National Conference of
Appellate Court Clerks;
(26) AEI – Brookings Joint
Center;
(27) The Rutter Group;
(28) American Board of Trial
Advocates; and
(29) California Association of
Superior Court Investigators.
(Subd (a) amended effective January 1, 2012; previously amended
effective January 1, 2008.)
(b) Approved education criteria
Education is not limited to the approved providers referred to listed
in (a). Any education from another a provider not listed in
(a) that is approved by the Chief Justice, the administrative presiding
justice, or the presiding judge as meeting the criteria listed below may be
applied toward the continuing education expectations and requirements for
justices, judges, and subordinate judicial officers or requirements for
clerk/administrators or court executive officers. Similarly, any education from
another a provider not listed in (a) that is approved by
the clerk/administrator, the court executive officer, or the employee’s
supervisor as meeting the criteria listed below may be applied toward the
orientation or continuing education requirements for managers, supervisors, and
other employees or the content-based or continuing education requirements
for probate court investigators, probate attorneys, and probate examiners in
rule 10.478.
(1)–(2) ***
(Subd (b) amended effective January 1, 2012; previously amended
effective January 1, 2008.)
Rule 10.481 amended effective January 1, 2012; adopted as
rule 10.471 effective January 1, 2007; previously amended and renumbered
effective January 1, 2008.
Advisory Committee Comment
Subdivision (b).
The director of the Education Division/CJER is available to assist those
authorized to approve a request to apply education offered by a non-approved
provider in determining whether the education meets the listed criteria.
Rule 10.491.
Minimum education requirements for Administrative Office of the Courts
executives, managers, supervisors, and other employees
(a)–(b) ***
(c) Hours-based requirements
(1)–(3) ***
(4) The first two-year period
begins on January 1, 2008. The orientation courses and the compliance courses
required for new managers, supervisors, and other employees under (b) do not
apply toward the required hours of continuing education. Each new executive
enters the two-year continuing education period on the first day of the quarter
following his or her appointment, and each new manager, supervisor, and
employee enters the two-year continuing education period on the first day of
the quarter following the six-month period provided for his or her
completion of the orientation courses and the compliance courses required under
(b); the quarters begin on January 1, April 1, July 1, and October 1. Each
executive, manager, supervisor, or employee who enters the two-year continuing
education period after it has begun must complete a prorated number of
continuing education hours for that two-year period, based on the number of
quarters remaining in it.
(5) Any education offered by an
approved provider listed in (see rule 10.481(a)) and
any other education, including education taken to satisfy a statutory,
rules-based, or other education requirement, that is approved by the employee’s
supervisor as meeting the criteria listed in rule 10.481(b) applies toward the
continuing education required under (c)(1)–(3).
(6) Each hour of participation in
traditional (live, face-to-face) education; distance education such as
broadcasts, and videoconference courses, and online coursework; and
faculty service counts toward the requirement on an hour-for-hour basis. Each
executive, manager, supervisor, and employee must complete at least half of his
or her continuing education hours requirement as a participant in traditional
(live, face-to-face) education. The individual may complete the balance of his
or her education hours requirement through any other means with no limitation
on any particular type of education. The hours applied for participation
in online coursework and self-directed study are limited to a total of 10 hours
for executives, 6 hours for managers and supervisors, and 4 hours for other
employees in each two-year period; these limits are prorated for individuals
who enter the two-year period after it has begun.
(7) An executive, manager,
supervisor, or employee who serves as faculty by teaching legal or
judicial education to a legal or judicial audience courses at the AOC or
on behalf of the AOC at another location may apply education the
following hours of as faculty service. Credit for faculty
service counts toward the continuing education requirement in the same manner
as all other types of education—on an hour-for-hour basis. :3 hours for
each hour of presentation the first time a given course is presented and 2
hours for each hour of presentation each subsequent time that the course is
presented. The hours applied for faculty service are limited to 15 hours for
executives, 9 hours for managers and supervisors, and 6 hours for other
personnel in each two year period; these limits are prorated for individuals
who enter the two-year continuing education period after it has begun.
(8) ***
(Subd (c) amended effective January 1, 2012.)
(d) ***
(e) Records of participation
(1) An employee's completion of
any course listed in the learning management system Human Resources
Education Management System (HREMS) is automatically tracked in HREMS.
(2) An employee's completion of
specified online training is automatically tracked as well in HREMS.
(3) Each employee is responsible
for tracking completion of any training that is not automatically tracked in the
learning management system HREMS. After completion of the training,
the employee must enter it in the employee's individual record in the
learning management system HREMS.
(Subd (e) amended effective January 1, 2012.)
(f) ***
Rule 10.491 amended effective January 1, 2012; adopted
effective January 1, 2008; previously amended effective July 1, 2008.
Don't forget to resolve to take on only good cases for 2012. Merry Christmas; Happy Holidays; and, Happy New Year.
Jay
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