VIII. Mandatory Continuing Judicial Education for the Kentucky Judiciary
Rule 8.000 Purpose
Only by continuing their legal education can members of the judiciary fulfill their obligation to competently serve the Commonwealth. These rules establish minimum requirements for such continuing judicial education and the means by which the requirements shall be enforced. (Adopted effective July 8, 1983)
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Rule 8.010. The Commission - Functions and membership
The Mandatory Continuing Judicial Education Commission shall consist of fourteen (14) members. The Commission shall be responsible for regulating the mandatory continuing judicial education for the judges of Kentucky. (Adopted effective July 8, 1983; amended July 12, 1989, effective August 28, 1989)
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Rule 8.020. Selection and tenure of the Commission
(1) The Chief Justice of the Kentucky Supreme Court or his designee shall serve as chair of the Commission;
(2) One (1) member of the Court of Appeals to be appointed by the Chief Judge of the Court of Appeals;
(3) Three (3) circuit judges, including the Chair of the Circuit Judges' Education Committee and two (2) circuit judges to be appointed by the President of the Circuit Judges' Association;
(4) Three (3) district judges, including the Chair of the District Judges' Education Committee and two (2) district judges to be appointed by the President of the District Judges' Association;
(5) One (1) representative of the University of Kentucky College of Law to be appointed by the Dean of the college; one (1) representative of the University of Louisville School of Law to be appointed by the Dean of the school; one (1) representative of the Northern Kentucky University Chase College of Law to be appointed by the Dean of the college.
(6) Chair, or the chair's designee, of the House Judiciary Committee for a term concurrent with the term as chair.
(7) Chair, or the chair's designee, of the Senate Judiciary Committee for a term concurrent with the term as chair.
(8) All appointments shall be for a term of three (3) years or so long as they remain chair of their respective judicial or legislative committees. Vacancies occurring through death, disability, inability or disqualification to serve or by resignation shall be filled for the remainder of the term in the same manner as initial appointments.
HISTORY: (Adopted effective July 8, 1983; amended July 12, 1989, effective August 28, 1989; amended effective February 1, 2000)
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Rule 8.030. Staff for Commission
The Manager of the Division of Education Services of the Administrative Office of the Courts shall serve as Executive Secretary to the Commission.
HISTORY: (Adopted effective July 8, 1983; amended effective February 1, 2000)
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Rule 8.040. Expenses of Commission members
Members of the Commission shall not be compensated but shall be reimbursed for actual expenses incurred by them in attending the Commission meetings in accordance with the current travel regulations of the Court of Justice.
HISTORY: (Adopted effective July 8, 1983; amended effective February 1, 2000)
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Rule 8.050. Duties of CommissionThe Commission shall perform the following duties:
(a) Exercise general supervisory authority over the administration of this rule, subject to the approval of the Supreme Court;
(b) Accredit sponsors of courses, programs and other educational activities which will satisfy the educational requirements of this rule;
(c) Submit to the Supreme Court proposed regulations not inconsistent with this rule to govern the operations and activities of the Commission;
(d) Report within six (6) months after the close of each biennium to the Supreme Court concerning its activities and, from time to time, make recommendations to the Supreme Court concerning this rule and the enforcement thereof.
HISTORY : (Adopted effective July 8, 1983)
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Rule 8.060. Commission meetings and quorum
The Commission will meet at least once an educational biennium before the end of the fiscal year and at such other times as called by the chair. A quorum to do business in meetings of the Commission shall require the attendance of not less than seven members of the Commission.
HISTORY: (Adopted effective July 8, 1983; amended September 24, 1987, effective January 1, 1988; amended July 12, 1989, effective August 28, 1989; amended effective February 1, 2000; amended effective January 1, 2002)
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Rule 8.070. Continuing judicial education requirements
Every appellate judge and justice and every trial judge, not exempted, shall attend a minimum of twenty-five (25) hours in continuing judicial education courses approved by the Judicial Education Commission each educational biennium. At least once every two years, a portion of the required continuing judicial education shall consist of programs which focus on the dynamics and effects of domestic violence including the availability of community resources, victims services and reporting requirements. An educational biennium shall begin on July 1 and end two years later on June 30 of each even-numbered year. To satisfy the minimum attendance requirement for any educational biennium a judge is authorized to carry forward any excess attendance over twenty-five (25) hours earned in the immediately preceding biennium.
HISTORY: (Adopted effective July 8, 1983; amended September 22, 1995, effective November 1, 1995; amended November 22, 1996, effective January 1, 1997; amended effective February 1, 2000)
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Rule 8.080. Exemptions
The Mandatory Judicial Education Commission shall have the authority to relieve any judge of the requirement to meet the minimum attendance in any biennium if attendance would impose an undue hardship by reason of disability or for good cause found by the Commission. A judge shall file for an exemption as soon as practicable after the need for the exemption is known, but no later than July 1 of each even-numbered year.
HISTORY: (Adopted effective July 8, 1983)
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Rule 8.090. Appeals
Any decision of the Commission denying an exemption requested under this rule may be appealed to the Supreme Court. Regulations of the Commission shall provide a procedure for timely appeals by the judges who desire to avail themselves of this right of appeal.
HISTORY: (Adopted effective July 8, 1983)
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Rule 8.100. Reporting
Every judge, not exempted, shall certify in writing on forms provided by the Administrative Office of the Courts, no later than July 31 following the close of the educational biennium, that the minimum continuing judicial education requirements have been met. Certification shall be made to the Commission in the manner and form prescribed by regulations of the Commission.
The truth and accuracy of the certification shall be the individual responsibility of the certifying judge. Intentional filing of a false report shall be a basis for disciplinary action as prescribed in SCR 8.110.
Each June 1 of even-numbered years, the Executive Secretary will notify each judge of the filing deadline.
HISTORY: (Adopted effective July 8, 1983)
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Rule 8.110. Sanctions
As soon as practicable after July 31st of the educational biennium, the Commission shall request the Executive Secretary to notify a judge in writing of their delinquency unless prior to July 1st the judge has requested an exemption which has not been ruled on by the Commission. If such judge remains delinquent on the 30th day of August, the executive secretary shall forthwith, in writing, certify the judge's name to the Judicial Retirement and Removal Commission.
HISTORY: (Adopted effective July 8, 1983; amended July 12, 1989, effective August 28, 1989)
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Rule 8.120. Expenses
Judges attending judicial education programs sponsored by the Administrative Office of the Courts shall be reimbursed for their expenses in accordance with Court of Justice Travel Regulations. Expenses for attendance at any other education program shall be borne by the judge unless prior approval is obtained from the Manager of the Education Services Unit of the Administrative Office of the Courts.
HISTORY: (Adopted effective July 8, 1983; amended effective February 1, 2000)
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Regulations of the Continuing Judicial Education Commission
Regulation 101
Standards for Approval of Continuing Judicial Education Programs:
1. A continuing judicial education activity qualifies for accreditation if the commission determines that:
a. It is an organized program of learning (such as a workshop, symposium or lecture) which contributes directly to the professional competency of a judge;
b. It deals primarily with matters directly related to law or to the professional responsibility, administration or ethical obligations of a judge;
c. Each course is to be taught by a person qualified by practical or academic experience to teach in the topic or area of discipline covered by the course;
d. Thorough, high quality, readable, carefully prepared, written topic outlines and /or materials are to be distributed to all judges participating during the course ; and
e. The audience for the organized program of learning consists predominantly of lawyers or judges. This requirement (e) shall not apply to continuing judicial education credits used to fulfill the SCR 8.070 requirement for domestic violence training.
2. Accreditation will be given for activity presented by technological transmission, including: video tape, audio tape, live broadcast transmission, satellite simulcast, teleconference, video conference, CD-ROM, data conference, computer on-line services, or other appropriate technology as approved by the Commission, if that activity otherwise qualifies under these rules for CJE credit, for up to six hours of CJE credit per year. Video, motion picture, sound tape and other technological presentations may generally be used in accredited programs where a faculty person is in attendance at to answer questions.
3. Credit will not be given for speeches given at luncheons or banquets unless previously approved by the Commission.
4. Credit shall be given on the basis of one hour which is not less than 60 minutes in duration.
5. A judge, upon taking the office, may transfer hours of credit from the Kentucky Bar Association, in accordance with SCR 8.000.
6. Attendance at programs sponsored by the following shall be approved for credit:
a. Administrative Office of the Courts;
b. Kentucky Bar Association;
c. National Judicial College;
d. American Academy of Judicial Education;
e. National Center for State Courts;
f. Institute of Judicial Administration;
g. National Council of Juvenile and Family Court Judges;
h. American Bar Association;
I. Law Schools accredited by the A.B.A.;
j. American Trial Lawyers Association;
k. American Judicature Society; and
l. American Judges Association;
m. United States Department of Justice Drug Court Planning Office (or its successor.).
7. Judges wishing to attend a program sponsored by an organization other than those listed above shall file with the Executive Secretary an agenda of the program, which will be submitted to the Commission for possible accreditation.
8. Judges attending programs approved by the Kentucky Bar Association Continuing Legal Education Commission for accreditation are eligible to receive continuing judicial education credit for hours attended.
9. Additional credit may be earned through teaching or participating (panel discussion participant, seminar chairperson, etc.) in an approved continuing legal or judicial education program. The Commission shall give one hour of credit for each two hours of preparation and actual presentation time of approved continuing legal or judicial education programs.
10. Credit, not to exceed ten (10) hours for each biennium, may be earned through published legal writing upon submission of the final material to the Commission. Final approval of any credit awarded for a published legal writing shall be at the sole discretion of the Commission.
11. A judge may receive continuing judicial education credit , not to exceed three (3) hours annually, for presiding at college or law school mock trial competitions or high school mock trial competitions sponsored in part by the Kentucky Court of Justice.(back to top)
Regulation 102
1. Any judge or organization affected by an adverse decision of the Commission may appeal by filing a written petition with supporting materials with the Supreme Court. The Commission, at its discretion, may be represented by one of its members.
2. An appeal shall be filed within thirty (30) days of such adverse decision.
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