Administrative Rule 36 - JUDICIAL BRANCH EDUCATION

Section 1. Judicial Branch Education Commission.

(a) There is established within the North Dakota judicial system the judicial branch education commission consisting of nine members. All members will be appointed by the executive committee of the judicial conference. Five members must be appointed from among the judges of the courts of record of this state. One member must be appointed from each of the following classes:

(1) Juvenile court personnel;

(2) Support staff of the courts of record or employees of clerk of court or trial court administration offices;

(3) The faculty of the University of North Dakota law school; and

(4) Judges who serve on courts not of record.

(b) The members of the commission will designate one of the nine members to chair the commission.

(c) The state court administrator, the director of education and communication, and the head of the judicial branch's IT department, or their designees, are ex officio members of the commission, but may not vote.

(d) Of the members of the commission initially appointed, three must be for a one-year term, three for a two-year term, and three for a three-year term. Thereafter, each member must be appointed for a three-year term, except an appointment to an unexpired term. The initial term of each member of the commission must be determined by lot at the first meeting of the commission.

(e) A member of the commission may not serve more than three consecutive three-year terms, but may serve until a successor is appointed and has qualified. A former member who served three consecutive terms is eligible for reappointment after a six-year break in service

Section 2. Powers and Duties of Commission.

(a) The commission has general supervisory authority over the administration of this rule.

(b) The state court administrator will, with available funds, provide staff assistance to the commission including the director of education and communication.

Section 3. Powers and Duties of Director.

The director will:

(1) assist the commission in planning an integrated, education program for all personnel involved in providing judicial services to the citizens of North Dakota from any municipal, district or appellate court of the state of North Dakota, or any municipal subdivision;

(2) provide all administrative assistance for the presentation of educational conferences and programs;

(3) assist the commission in making application for and administering special grant programs;

(4) assist the commission in developing cooperative agreements with other states and organizations, such as the National Judicial College, that are qualified to provide judicial education conferences and demonstration projects;

(5) promote effective teaching techniques for the presentation of materials at judicial conferences and institutes;

(6) perform other additional duties assigned by the commission from time to time.

Section 4. Mandatory Continuing Education Requirements.

(a) Each judge of a court of record of this state, including the surrogate judges, justices of the supreme court, and each 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 of tenure. 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.

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

Section 5. Duties of Commission.

The commission will:

(1) develop high quality judicial branch training and continuing education programs in this state for individuals involved in providing judicial services to the citizens of North Dakota from any municipal, district or appellate court of the state of North Dakota, or any municipal subdivision, to enhance performance of their duties in the unified judicial system and their professional growth, and to provide them with a reasonable opportunity to fulfill any mandatory continuing educational requirements;

(2) develop and cooperate with other states, Canadian provinces, and judicial branch training and continuing educational organizations, in presenting regional training and educational programs;

(3) develop and recommend to the supreme court a biennial budget for mandatory judicial branch training and continuing education;

(4) seek, apply for, and administer grants to fund other judicial branch training and continuing educational projects approved by the commission;

(5) develop a resource library of materials on judicial branch training and continuing education, including bench books, manuals, instructional materials, videos, course modules, and other judicial aids;

(6) receive, review, and grant applications for fully-funded judicial branch training and continuing educational programs conducted out of state, in accordance with policies adopted by the commission;

(7) draft, review, and recommend appropriate legislation and rules of court relating to judicial branch training and continuing education; and

(8) perform such related functions as may be necessary or desirable to improve the delivery of judicial branch training and continuing educational services to the unified judicial system of this state.

Section 6. 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 Association;

(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 7. 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 8. 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 9. 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 10. 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.

Section 11. Effective Date.

This rule, as further amended, is effective March 1, 2025.