Presiding Judge Sharon Keller
Court Liaison
P.O. Box 12308
Austin, Texas 78711
512-475-2312

The Texas Center for Judiciary's Guidelines for Obtaining Continuing Judicial Education Credit

COURT OF CRIMINAL APPEALS JUDICIAL AND COURT PERSONNEL TRAINING PROGRAM

Effective June 1, 2011

As Amended

Rule 1: AUTHORITY.   

These rules are promulgated pursuant to Section 56.006 of the Texas Government Code.

Rule 2: APPELLATE, DISTRICT AND COUNTY-LEVEL COURT JUDGES.

a. Each judge of an appellate court, district court, statutory county court, and county court performing judicial functions will, as an official duty:

(1) complete before taking office, or within one year after taking office, at least 30 hours of instruction in the administrative duties of office and substantive, procedural and evidentiary laws unless the judge has previously complied with this requirement and has been absent from the bench less than one year before taking the present office;

(2) each fiscal year thereafter, complete at least 16 hours of instruction in substantive, procedural and evidentiary laws and court administration. In accordance with the Texas Minimum Continuing Legal Education Regulations and Accreditation Standards effective June 1, 2011, four hours of instruction may be obtained by electronic means and may include teleconferences, webcasts, satellite, on-demand/online CLE, and accredited downloadable CLE activities that have been recorded from live seminars.

b. Instruction credit completed during any fiscal year in excess of the minimum number of hours required may be applied to the following fiscal year’s requirement.

c. Programs sponsored by the following organizations and approved by the Court of Criminal Appeals Education Committee for appellate, district, and statutory county judges, or, the County Judges Education Committee for constitutional county judges, can be utilized to satisfy the requirements of Rule 2a:

(1) Judicial Section of the State Bar of Texas

(2) Texas Center for the Judiciary, Inc.

(3) The Texas Association of Counties

(4) National Judicial College, Reno, Nevada

(5) Appellate Judges’ Conference of the American Bar Association, Chicago, Illinois

(6) National Conference of Chief Justices

(7) American Academy of Judicial Education, Washington, D.C.

(8) Institute of Judicial Administration, N.Y.U., New York, N.Y.

(9) Texas College of Probate Judges

(10) National College of Probate Judges

(11) An accredited law school

(12) A local, state or national bar association

(13) A professional organization devoted to improvement of the legal profession such as the Texas Association of Defense Counsel and the Texas Trial Lawyers Association

(14) The County Judges and Commissioners Association of Texas or the V.G. Young Institute of Texas A & M University

(15) Texas Criminal Defense Lawyers Association

(16) Texas District and County Attorneys Association

(17) Wright Lecture Series

(18) National Council of Juvenile and Family Court Judges

d. All rules applicable to active appellate, district, and statutory county-court judges, except Rule 2a(1), are also applicable to retired and former appellate, district, statutory county-court judges if they are subject to assignment.

e. A constitutional county judge whose only judicial duties are conducting hearings under Chapter 61 of the Texas Alcoholic Beverage Code or conducting marriage ceremonies is exempt from the continuing judicial education requirement for any fiscal year for which the judge files an affidavit with the Registrar stating that the judge’s only judicial duties are conducting hearings under Chapter 61 of the Texas Alcoholic Beverage Code or conducting marriages ceremonies.

*Effective as amended June 8, 2009.

Rule 3: JUSTICES OF THE PEACE.

a. Each Justice of the Peace will, as an official duty:

(1) complete within one year after taking office, an 80-hour course of instruction from the Texas Justice Court Training Center in the
performance of the duties of office; and

(2) complete in the second year after taking office, a 20-hour course of instruction from the Texas Justice Court Training Center in the performance of duties of office; and

(3) in each fiscal year thereafter, complete a 20-hour course of instruction approved by a Justice Court Education Committee in the 2 Court of Criminal Appeals Rules of Judicial Education performance of the duties of office. A Justice Court Education Committee may not deny course credit to a justice of the peace who receives approval for such credit through another Justice Court Education Committee. A Justice Court Education Committee may approve, or pre-approve, courses taken from the following list of qualifying entities;

(1) Texas Justice Court Training Center

(2) V.G. Young Institute of County Government

(3) Texas Department of Health and Human Services

(4) National Judicial College, Reno

(5) Local, state, or national bar association

(6) Texas District and County Attorneys Association

(7) Texas Municipal Court Education Center

(8) Texas Association of Counties

(9) Office of the Secretary of State

(10) Texas Center for the Judiciary, Inc.

(11) American Academy of Judicial Education

(12) Institute of Judicial Administration

(13) Any accredited law school

(14) Texas Trial Lawyers Association

(15) Texas Association of Defense Counsel

(16) Wright Lecture Series

(17) National Council of Juvenile and Family Court Judges

(18) Texas Criminal Defense Lawyers Association

(19) Texas Justice Court Judges Association

(a) Grant funds may not be used to pay for the cost of training from the aforementioned 19 training entities, except for the Texas Justice Court Training Center.

(4) in every fiscal year that ends in 0 or 5, complete two hours of course instruction related to understanding relevant issues of child welfare and the Individuals with Disabilities Education Act as required by Section 22.1105 of the Government Code. See Rule 12a.

(a) A judge who is in office on September 1, 2009 is not required by Section 22.1105 to complete the required training during the 2010 fiscal year.

PENDING APPROVAL BY THE COURT

b. A person who serves in the dual capacity as a justice of the peace and as a municipal judge may be permitted to receive credit toward fulfillment of the requirements of the rules of judicial education for each office by attending a course of instruction for either office, provided that the curriculum is pertinent to the duties and responsibilities of each office. The determination of the applicability of the course to each or either office shall be made on a case-by-case basis by a judicial- education committee having jurisdiction over each office in accordance with that committee’s procedures.

c. Only courses of instruction completed through a continuing education program approved by the Justice Court Education Committee can be utilized to satisfy the requirement of Rule 3.a.(1).

d. The Texas Justice Court Training Center will be the keeper of records for credit hours approved for all justices of the peace for the purpose of fulfilling Rules 9.b and 10. Also, they will prescribe the format, guidelines, and timelines for record keeping to be used by other justice court training entities, and all such entities will report to the Texas Justice Court Training Center for this purpose.

e. A Justice Court Education Committee may make rules regarding attendance at their training events and may deny costs for an attendee who violates those rules.

f. Once Rule 3a(1) has been satisfied, justices of the peace who are also licensed attorneys may obtain training sponsored by the organizations listed in Rule 2c.

Rule 4: JUDICIAL OFFICERS.

a. Each judicial officer will, as an official duty:

(1) complete within one year after taking office, at least 12 hours of instruction in the administrative duties of office and substantive procedural and evidentiary laws unless the judicial officer has previously complied with this requirement and has been absent from the bench less than one year before taking the present office;

(2) each fiscal year thereafter, complete at least 12 hours of instruction in substantive, procedural and evidentiary laws and court administration; and

b. Instruction credit completed during any fiscal year in excess of the minimum number of hours required may be applied to the following fiscal year’s requirement.

c. Those training programs sponsored by the organizations listed in Rule 2c can be utilized to satisfy the requirements of this rule.

d. Definitions. The term “judicial officer” in these Rules refers to a full- time associate judge appointed pursuant to Chapter 201 of the Family Code, or to a full-time master, magistrate, or referee appointed pursuant to Chapter 54 of the Government Code as required by the Court of Criminal Appeals under Section 74.025.

Rule 5: MUNICIPAL COURT JUDGES.

a. Each municipal court judge will, as an official duty:

(1) complete within one year after taking office, a minimum of 12 hours of instruction from the Texas Municipal Courts Education Center if a licensed attorney, or a minimum of 32 hours of instruction from the Texas Municipal Courts Education Center if not a licensed attorney, in the performance of the duties of office;

(2) each fiscal year thereafter complete a minimum of 12 hours of instruction from the Texas Municipal Courts Education Center in the performance of the duties of office;

(3) in every fiscal year that ends in 0 or 5, complete two hours of course instruction related to understanding relevant issues of child welfare and the Individuals with Disabilities Education Act as required by Section 22.1105 of the Government Code. See Rule 12a.

(a) A judge who is in office on September 1, 2009 is not required by Section 22.1105 to complete the required training during the 2010 fiscal year.

b. A person who serves in the dual capacity as a municipal judge and as a justice of the peace after having completed two years of instruction as required by Rule 5a may be permitted to receive credit toward fulfillment of the requirements of the rules of judicial education for each office by attending a course of instruction for either office, provided that the curriculum is pertinent to the duties and responsibilities of each office. The determination of the applicability of the course to each or either office shall be made by the judicial-education committee having jurisdiction over each office in accordance with that committee’s procedures.

c. After serving as a municipal court judge for a period of two years and meeting the judicial-education requirement each year as required by Rule 5a, a municipal judge may attend an alternate course approved by the Municipal Courts Education Committee. An approved alternate course may be selected only every other year.

Rule 6: COURT COORDINATORS.

a. Each court coordinator of a district or statutory county court shall annually complete 16 hours of continuing education, unless the court coordinator files with the Texas Center for the Judiciary, Inc., the prescribed form, signed by the judge or commissioners court of the county employing the court coordinator certifying that state and local funds are not available for the court coordinator's continuing education.

b. In addition to the programs provided in Rule 2c, programs of the following organizations can be utilized to satisfy the requirements of Rule 6a:

(1) The Texas Association of Court Administration
(2) The Texas Office of Court Administration
(3) The National Association for Court Management
(4) The Institute for Court Management of the National Center for State Courts
(5) The Justice Management Institute
(6) A state college or university or local community college
(7) A program sponsored by a local court administrative office and approved by the local administrative judge or local presiding judge
(8) Other programs as approved by the Court of Criminal Appeals Education Committee (Judicial Advisory Committee, Texas Center Board of Directors)

c. Instruction credit completed during any fiscal year in excess of the minimum number of hours required may be applied to the following fiscal year's requirement.

d. Each court coordinator who attends an approved program or performs an approved activity will certify the event on a form provided by the Texas Center for the Judiciary, Inc.

RULE 7: OPERATION OF GRANTS.

a. Grants shall be awarded by the Court of Criminal Appeals for the period of the state fiscal year. Completed applications for grant funding shall be submitted to the Court of Criminal Appeals on or before the first day of July preceding the fiscal year for which the grant is applied.

b. Grants shall be awarded based on qualitative information provided in the Uniform Grant Application Narrative section of the completed grant application.

c. All grants shall be conducted in accordance with the following:

(1) applicable state laws and rules of the Court of Criminal Appeals, and regulations, policies, and guidelines promulgated pursuant thereto; and

(2) terms, conditions, standards, or stipulations of grant agreements and conditions.

d. Grantees shall be audited both in financial performance and program performance by the Court of Criminal Appeals.

Rule 8: COURSE CREDIT.

a. A judge or judicial officer attending a program will earn one hour of credit for each hour of instruction actually attended. Judges or judicial officers who serve as instructors at approved programs will receive credit for three times the presentation time.

b. Grantees are encouraged to provide courses of instruction that are statutorily mandated for those judges or judicial officers required to take such courses.

Rule 9: CERTIFICATION AND RECORDS.

a. Each judge or judicial officer who attends an approved program or performs an approved activity will certify the event on a form approved by each entity's Educational Committee. This certification will be sent to the Registrar named in the form, to be entered on records maintained for that purpose. Records will be retained for three years.

b. After the end of each grant year, the Registrar will report to the applicable Education Committee the name of any judge or judicial officer who has not accumulated the minimum hours of education for that year, including such judges who are leaving office and do not plan to run for another term.

Rule 10: WAIVERS OF COMPLIANCE

a. Upon receipt of the reports required by Rule 9b, the applicable Education Committee will advise the named judges or judicial officers of the deficiency. Within 30 days of the receipt of such notice, the judge or judicial officer may submit a statement of the reasons that prevented compliance. Thereafter, unless the applicable Committee grants a waiver for good cause shown, it will report the name of the judge or judicial officer to the State Commission on Judicial Conduct by November 1.

b. Thereafter, the applicable Committee shall not communicate with the judge or judicial officer as to their status except to refer them to the Commission on Judicial Conduct.

Rule 11: EDUCATIONAL LEAVE.

All judges or judicial officers covered by these Rules are granted such educational leave as may be required to fulfill the requirements of these Rules.

Rule 12: STATUTORILY MANDATED TRAINING.

a. Judicial-education entities shall provide training as required by the following statutes:

Tx. Gov't. Code

Sec. 22.111, Gov’t. Code
Sec. 22.1105, Gov’t. Code
Sec. 22.012, Gov't. Code Sec. 22.013, Gov't. Code
Sec. 22.110, Gov't. Code
Sec. 41.110, Gov't. Code
Title
Training for Prosecuting Attorneys Related to Punishment Enhancement Because of Bias or Prejudice
Judicial Instruction Related to Certain Alleged Child Offenders
Training Related to Diversions
Judicial Instruction Related to Guardianship Issues
Judicial Instruction Related to Family Violence, Sexual Assault & Child Abuse
Training Related to Family Violence

b. Judicial Education entities shall provide training in ethics, which must include information about issues related to race fairness, ethnic sensitivity and cultural awareness.

c. Definitions, as related to Sec. 22.110, Gov't. Code, are as follows:

(1) The term "judicial officer" in this rule refers to a district judge or a
judge of a statutory county court;

(2) The term "judicial officer" in this rule refers to an associate judge appointed under Chapter 54 of this code, or Chapter 201 of the Family Code, or to a master, referee, or magistrate.

Rule 13: ISSUES CONCERNING SEX OFFENDER CHARACTERISTICS.

Grantees training board-certified family-law attorneys and criminal, county, and district attorneys are responsible for training on issues concerning sex-offender characteristics, in accordance with Senate Concurrent Resolution 16, issued May 24, 1995.