Administrative Rule 36 - JUDICIAL BRANCH EDUCATION

Section 1. Authority of Judicial Branch Education Commission.

The judicial branch education commission has general supervisory authority over the administration of this rule.

Section 2. Mandatory Continuing Education Requirements.

(a) Each district court judge, surrogate judge, justice of the supreme court, and judicial referee, must complete at least 36 hours of approved course work in continuing judicial education, at least three of which must be in judicial ethics, during each three-year period of tenure. Any individual having less than one year of judicial service at the end of a reporting period is exempt from the requirements of this section for that reporting period.

(b) Each municipal judge must complete at least 18 hours of approved course work in continuing education, at least one of which must be in judicial ethics during each three-year period. In addition, each new municipal judge must complete a judicial orientation course within the first three months of taking office. Municipal judges serving at least one year, but less than two, from the end of the last three-year reporting period will be required to report six continuing education hours; those serving at least two years, but less than three, will be required to report 12 continuing education hours. Any individual having less than one year of judicial service at the end of a reporting period is exempt from the requirements of this section for that reporting period.

(c) Each magistrate appointed under N.D.C.C. § 27-05-31 must complete a continuing education course every odd calendar year as provided by the judicial branch education commission. If a magistrate is a judicial referee, this continuing education is not required.

(d) Each judge must annually complete a cybersecurity awareness training refresher course when offered by the judicial system.

Section 3. Crediting Attendance of Programs.

(a) The commission must give credit for attendance at a judicial branch training or continuing educational program sponsored or approved for credit by the commission on the basis of one hour for each hour of attendance. If a program attended is not sponsored by a presumptively approved organization, an applicant for credit must furnish the commission a description of the program and the number of qualifying hours. The commission must review the information and promptly notify the applicant of the number of credits to be approved.

(b) The commission will determine what constitutes "approved course work." Courses sponsored by the following organizations and their associated entities must be presumptively approved:

(1) Accredited law schools;

(2) All Rise;

(3) American Association for Justice;

(4) American Bar Association;

(5) American Institute for Justice;

(6) American Judges Association;

(7) American Judicature Society;

(8) American Law Institute;

(9) American Parole and Probation Association;

(10) Defense Research Institute;

(11) Institute for Court Management;

(12) National Association for Court Management;

(13) National Association for Presiding Judges and Court Executive Officers;

(14) National Association of Women Judges;

(15) National Center for State Courts;

(16) National Consortium on Racial and Ethnic Fairness in the Courts;

(17) National Council of Juvenile and Family Court Judges;

(18) National Drug Court Institute;

(19) National Institute of Trial Advocacy;

(20) National Judicial College;

(21) Native American Training Institute - Indian Child Welfare Act Conference;

(22) North Dakota Association for Justice;

(23) North Dakota Judicial System;

(24) State Bar Associations;

(25) Uniform Law Commission;

(26) U.S. Department of Justice.

(c) The commission may grant credit for self-study sponsored by a presumptively approved provider on a case-by-case basis. Twenty percent of the required hours for any
reporting period may be acquired through self-study.

Section 4. Crediting Attendance as Faculty.

A judge who serves on the faculty of an approved judicial education or continuing legal education course is entitled to claim as continuing judicial education hours an amount of time equal to the judge's actual presentation and up to two times the presentation time for preparation.

A judge who serves on a panel may claim the entire time of the panel presentation as presentation time. A judge claiming continuing judicial education hours for faculty participation must list those hours on the judicial education report provided to the judge annually or by separate affidavit. A judge may claim only 15 judicial education hours for faculty participation in any one reporting period.

Section 5. Self-Reporting Requirements.

No later than 30 days after the end of each reporting period, each individual subject to the mandatory training or educational requirements of this rule must submit, on a form furnished by the commission, a statement of the courses and hours completed during the reporting period.

Section 6. Carry-Over Credits.

Justices, district judges, referees, and surrogate judges are permitted to count a maximum of 15 hours of education credits earned during the last three months of the prior reporting period under the following conditions:

(a) Individuals wishing to count these credits must notify the director of Education in writing and submit an official report of compliance no later than three months before the end of the prior reporting period.

(b) Additional credits earned after submission of the report of compliance and within the last three months of the prior reporting period may be counted toward the requirements for the next period, provided the credits are not obtained through self-study. The director of education must review and assess all requests for carry-over education credits consistent with Section 6.

Section 7. Noncompliance.

The commission may grant an extension of time for completion of the requirements of this rule, including the duty to self report, to an individual who fails to meet the requirements and shows good cause for noncompliance. If the individual fails to comply within the extended time, the commission must report the dereliction to the North Dakota judicial conduct commission or the employee's supervisor for appropriate action against the individual.