IN RE AMENDMENT TO RULES OF JUDICIAL ADMINISTRATION-RULE 2.150 (CONTINUING LEGAL EDUCATION FOR THE JUDICIARY)
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The Florida Supreme Court adopted Rule 2.150 establishing a mandatory continuing legal education program for Florida judges, requiring 30 credit hours every three years with a minimum of 2 hours in judicial ethics. The rule implements the Court's earlier determination to separate judicial education requirements from those for practicing attorneys and to administer the program through the Florida Court Education Council.
The Court adopted Rule 2.150 requiring all Florida county, circuit, appellate judges, and supreme court justices to complete a minimum of 30 credit hours of approved judicial education every three years, including 2 hours in judicial ethics. The Florida Court Education Council is responsible for course approval and administration, with oversight and enforcement through the chief justice and Judicial Qualifications Commission.
[1] Judges and justices in the state judicial system must comply with continuing judicial education requirements.
[2] Judges and justices are required to complete a minimum of thirty credit hours of approved judicial education programs every three years, with two hours dedicated to judic…
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Join FLexlaw to unlock all legal intelligence“A separate mandatory judicial educational requirement should be established in the judicial administration rules for the Florida judiciary, administered by the Florida Court Education Council, rather than through the proposed Integration Rule.”
Establishes the Court's determination to separate judicial education from bar requirements and the administrative structure for the program
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Join FLexlaw to unlock all legal intelligenceThe Court had previously approved a mandatory continuing legal education program for the Florida Bar and determined that the judiciary should have a s…
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OVERTON, Justice.
We approved a mandatory continuing legal education program for the legal profession in The Florida Bar Re Amendment to Rules Regulating The Florida Bar (Continuing Legal Education), 510 So. 2d 583 (Fla.1987). In that decision, we determined that the judiciary should be separated from the administration of the mandatory education requirements for the Bar, stating: “[A] separate mandatory judicial educational requirement should be established in the judicial administration rules for the Florida judiciary, administered by the Florida Court Education Council, rather than through the proposed Integration Rule.” Id. at 585.
We now implement that determination by adopting Rule 2.150, Rules of Judicial Administration, which reads as follows:
Rule 2.150. Continuing Judicial Education
(a) Purpose and Effective Date. This rule sets forth the continuing education requirement for all judges in the state judicial system.
(b) Education Requirements.
(1) Applicability. All Florida county, circuit, and appellate judges and Florida supreme court justices shall comply with these judicial education requirements. Retired judges who have been approved by the supreme court to be assigned to temporary active duty as authorized by section 25.073, Florida Statutes (1985), shall also comply with the judicial education requirement.
(2) Minimum requirements. Each judge and justice shall complete a minimum of thirty (30) credit hours of approved judicial education programs every three (3) years. Two (2) hours must be in the area of judicial ethics. In addition to the thirty-hour requirement, every judge new to a level of trial court must complete the Florida Judicial College program in his or her first year of judicial service following selection to that level of court; every new appellate court judge or justice must, within two years following selection to that level of court, complete an approved appellate-judge program. Credit for teaching a course for which mandatory judicial education credit is available will be allowed on the basis of two and one-half (2.5) hours credit for each instructional hour taught, up to a maximum of five (5) hours per year. (c) Course Approval. The Florida Court Education Council, in consultation with the judicial conferences, shall develop approved courses for each state court jurisdiction. Courses offered by other judicial and legal education entities must be approved by the Council before they may be submitted for credit.
(d) Waiver. The Florida Court Education Council is responsible for establishing a procedure for considering and acting upon waiver and extension requests on an individual basis.
(e) Reporting Requirements and Sanctions. The Florida Court Education Council shall establish a procedure for reporting annually to the chief justice on compliance with this rule. Each judge shall submit to the Legal Affairs and Education Division of the Office of the State Courts Administrator an annual report showing his or her attendance at approved courses. Failure to comply with the requirements of this rule will be reported to the chief justice of the Florida supreme court for such administrative action as deemed necessary. The chief justice may consider a judge or justice’s failure to comply as neglect of duty and report the matter to the Judicial Qualifications Commission.
The Florida Court Education Council recommended to this Court that the judiciary be required to complete forty-five credit hours every three years. The mandatory continuing legal education requirement for the practicing bar is thirty hours. The Court is of the view that, as we begin the mandatory education program for the legal profession, the number of hours required, at least initially, should be the same.
The Florida Court Education Council shall provide a comprehensive review of this mandatory continuing judicial educational program during the year 1991 and shall file its report with this Court no later than December 31,1991. This rule shall be effective January 1, 1988. A petition for rehearing will not alter the effective date of this rule.
It is so ordered.
MCDONALD, C.J., and EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
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Citator
Cited By
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The Fla. Bar re: Amendment to Rules Regulating the Fla. Bar, 524 So. 2d 634 (Fla. 1988)…diciary. See The Florida Bar Re: Amendment to Rules Regulating The Florida Bar (Continuing Legal Education), 510 So. 2d 583 (Fla.1987); In Re: Amendment to Rules of Judicial Administration — Rule 2.150 (Continuing Legal Education for the Judiciary), 518 So. 2d 258 (Fla.1987). We hereby approve the attached basic skills education requirement rule, to be effective October 1, 1988. It is so ordered. OVERTON, EHRLICH, SHAW, GRIMES and KOGAN, JJ., concur. [*635] McDONALD, C.J., dissents with an opinion, in whic…
Authorities Cited
- The Fla. Bar re: Amendment to Rules Regulating the Fla. Bar (continuing Legal Education), 510 So. 2d 583 (Fla. 1987)