Judicial Education Commission
April 15, 2005
Justice Mary Muehlen Maring, Chair
Judge Ronald Goodman
Justice Maring called the meeting to order. A motion was made to approve the January 18, 2005, minutes by Judge Irby and seconded by Judge Anderson. Motion carried.
Administrative Rule 36 6 (c)
The Commission discussed AR 36(6)(c). The Commission agreed that Rule 36(6)(c) should remain the same, but the Self-Study Policy be revised to correlate with Administrative Rule 36(6)(c). Judge Anderson made a motion that Policy Self-Study Section B(4), should read: A judge may not claim in excess of 20% of the required hours for any one reporting period (three years) for self-study. Shawn Peterson seconded the motion. Motion carried.
The Judicial Institute agenda was presented to the Commission. Justice Maring stated that there have been requests for law-trained municipal judges to attend the Judicial Institute. After discussion, the Commission agreed to extend an invitation to the law-trained municipal judges. Louie Hentzen will discuss it with Ted Gladden to ensure the funds are available. Justice Maring asked if the Commission would like to recognize Judge Jorgensen for his work with the Judicial Education Commission. The Commission agreed to purchase a gift for Judge Jorgensen and present it to him at the Judicial Institute on Tuesday evening.
Judges & Referees Subcommittee
Justice Maring stated the Judges & Referees Subcommittee was established by Judge Jorgensen to design the Judicial Institute and the Bench & Bar. The Commission discussed whether this subcommittee was still needed. The Commission agreed to disband the Judges & Referees Subcommittee. The planning for the Judicial Institute and the Bench & Bar will come directly under the Judicial Education Commission.
Indian Child Welfare Act
Louie Hentzen stated that an Indian Child Welfare Conference was held in Mandan on February 16-17, 2005. It was felt that the judges could use continuing education on the Act. Judge Christofferson who was in attendance at the Indian Child Welfare Conference asked that this matter be brought to the attention of the Judicial Education Commission. The Commission discussed where the education for the Act would best fit. Bill Severin asked if the Commission has any involvement in setting up the Judicial Conference. Justice Maring felt that the Judicial Education Commission should make recommendations about the content of the education for the Judicial Conference. The Commission recommended that it be done at the fall Judicial Conference. Louie Hentzen will send a letter to Judge Paulson regarding the recommendation.
Marilyn Moe stated that the magistrates are mandated continuing education every other year. In the past, it has been combined with other training. She surveyed the magistrates to find out what duties they have been assigned by the presiding judges. Most of the magistrates are clerks of court. There are only three magistrates who are referees and three that are not clerks. Marilyn and Louie are recommending that the magistrates who are clerks and the three that are not clerks be invited to the yearly Clerks of Court Conference. The referees are invited to the Judicial Institute and the Juvenile Court Conference. The Clerks of Court Conference will have a special breakout for the magistrates to cover their duties. Marilyn Moe said that they would record the magistrates who attend for reporting purposes.
Bench & Bar
Justice Maring was informed by Bill Neumann of an agreement between the State Bar Association and the Judicial Education Commission that the Bench & Bar would take place every other year. Louie Hentzen stated that there was a question about the financial coverage of the Bench & Bar. Justice Maring stated that Judge Jorgensen sent a letter that he received from Carrie Torgerson, State Bar Association, that included suggested materials for the next Bench & Bar relating to Law & Literature. Justice Maring would like to send an email out to the judges for topics for the next Bench & Bar. She also recommended that training on drug testing and adulteration be offered for the judges at the next Judicial Conference.
Judge Irby recommended that under Administrative Rule 36(6)(b), other organizations and entities should be added to help the continuing education subcommittee. The Commission asked that Louie and Marilyn compile a list for the next meeting for approval of the Commission. Shawn Peterson also requested that juvenile court be asked for suggested educational opportunities to be included. The Commission agreed.
The next meeting is scheduled for June 17, 2005, at the next Judicial Conference. It will be a breakfast meeting at 7:30 a.m.