Proposed Rules for Minor Judiciary Education

- Fina l

TITLE 204

- JUDICIAL SYSTEM GENERAL PROVISIONS

PART II. GENERAL ADMINISTRATION

CHAPTER XX. MINOR JUDICIARY EDUCATION

Rule 101. Purpose

The public properly expects that judges at all levels of the judiciary will maintain professional

competence and ethical behavior. To meet the public's expectations and to ensure that

magisterial district judges and arraignment court magistrates have and maintain the

requisite knowledge and skills to perform the duties of their office, these rules are

promulgated in accordance with 42 Pa.C.S. § 3119 to prescribe standards for

implementation of 42 Pa.C.S. § § 3111 et seq.

Rule 102. Scope and Citati on

(a) Scope. Magisterial district judges, arraignment court magistrates, and

prospective candidates for each office must comply with certifying and continuing education

requirements as set forth in 42 Pa.C.S. 

### § 3111

- 

### § 3119 and Pa.R.J.A. 601

- 603 as

administered by the Minor Judiciary Education Board.

(b) Citation. These rules shall be known as the Pennsylvania Minor Judiciary

Education Rules ("rules") and may be cited as Pa.M.J.E. Rule_."

Rule 103. Definitions

Subject to any definitions contained in subsequent rules, the following words and phrases,

when used in these rules, shall have, unless the context clearly indicates otherwise, the

following meanings:

"Arraignment Court Magistrate." A bail commissioner in the City of Philadelphia.

"Board." The Minor Judiciary Education Board appointed by the Supreme Court of

Pennsylvania as set forth in 42 Pa.C.S. § 2132.

"Certification Course." A course of training and instruction in the respective duties of

magisterial district judges and arraignment court mag istrates, provided to interested persons

who wish to seek or serve in these offices, and who are not members of the Bar of this

Commonwealth. 42 Pa.C.S. 

### § 3112

- 

### § 3114; Pa.R.J.A. 601.

"Certification Examination." A written examination designed to demonstrate that

prospective magisterial district judges and arraignment court magistrates possess the requisite

knowledge to competently discharge the duties of the office.

"Continuing Education." An annual course of instruction designed to ensure that

ma gisterial district judges and arraignment court magistrates maintain the requisite

knowledge and skills to fulfill their judicial responsibilities.

12

"Department." The Judicial Education Department of the Administrative Office of

Pennsylvania C ourts.

"Distance Education." Education that is delivered from a host site to a remote site via

electronic transmission.

"Judge." A commissioned jurist in the Commonwealth's Unified Judicial System who

serves as a magisterial district judge or an arraignmen t court magistrate. The term also

includes judges serving on the aforementioned courts in senior status pursuant to Pa.R.J.A.

701.

"Judicial Education." Includes topics of study for certification and continuing education

that encompass substantive and procedural law and judicial ethics, as well as topics to

enhance judicial skills, including, but not limited to, case management, legal history,

philosophy of law, and the physical and social sciences.

"Judicial Education Course." Includes, but is not limi ted to, certification courses,

continuing education courses, and supplemental practicum courses.

"Supplemental Practicum." A continuing education course designed to address the

unique educational needs of newly elected or appointed magisterial district judges and

arraignment court magistrates. Pa.R.J.A. 602(b).

"Supreme Court." The Supreme Court of Pennsylvania.

Rule 201. Minor Judiciary Education Board

The primary purpose of the Board is to develop and administer, subject to Supreme Court

approval, certification courses and examinations, continuing education, and supplemental

practicums, as provided in Chapter 31 of Title 42 and Pa.R.J.A. 601

- 603.

Rule 202. Compensation and Expenses; Immunity

(a) Board members shall receive no compensation for services provided under

these rules, including services as instructors, but they shall be reimbursed by the Board

for their reasonable and necessary expenses in attendance at meetings and in otherwise

fulfilling their responsibilities.

(b) The Board, and its members, employees and agents are immune from all civil

liability for conduct and communications occurring in the performance of their official

duties relating to the administration of the initial and continuing education requirements

under 42 Pa.C.S. 

### § 3111



### - § 3119 and Pa.R.J.A. 601

- 603.

Rule 203. Powers and Duties of the Board

The Board is authorized:3

(a) To administer these rules and the requirements of 42 Pa.C.S. § 3112

- § 3118 and

Pa.R.J.A. 601

- 603, and to act as ordered, directed, or requested by the Supreme Court.

(b) To develop all course curricula and manage all scheduling, faculty selection and

other logistics for administration of certification, continuing education, and supplemental

practicum courses.

(c) To determine if judges and certification candidates ar e in compliance with these

rules and to hear appeals from determinations of noncompliance.

(d) To hear and decide requests from judges for waivers, extensions, or deferments

from the requirements set forth in 42 Pa.C.S. § 3113 and § 3118 and these rules.

(e) To undertake all reasonable action to implement the requirements of 42 Pa.C.S.

§ 3112

- § 3118, Pa.R.J.A. 601

- 603, and these rules.



### (f) To delegate to the Department or Board staff ministerial functions as necessary

and appropriate to administer these rules.

(g) To vote upon all matters requiring action by the Board. The manner of making

and debating motions and determining the votes necessary for Board action shall be

decided by the Chair, unless overridden by a Board majority.

Rule 204. Quorum and Votes

A minimum of five (5) Board members participating in a meeting shall constitute a quorum.

· A quorum may be established with the participation of members by advanced

communication technology. The Board may ado pt rules providing for teleconference

meetings. In accordance with 42 Pa.C.S. § 2133, the Board shall act only with the

concurrence of at least four (4) members.

Rule 205. Confidentiality

(a) The files, records, and proceedings of the Board shall be deemed confidential and

shall only be disclosed upon order by the Supreme Court or as required by law.

(b) The Board shall submit an annual report to the Supreme Court, providing

information on judicial compliance and other information deemed relevant by the Board or

as directed by the Supreme Court.4

(c) All documents or information deemed confidential under the Case Records Public

Access Policy of the Unified Judicial System of Pennsylvania shall not be disclosed, unless

as permitted under that policy and these rules.

Rule 301. Continuing Education Requirements

(a) Magisterial district judges shall, on an annual basis as defined by the Board,

complete thirty

- two (32) hours of continuing education in accordance with the requirements

of 42 Pa.C.S. § 3118(a)(1); Pa.R.J.A. 602(a).

(b) Arraignment court magistrates shall, on an annual basis as defined by the Board,

complete twenty (20) hours of continuing education in accordance with the requirements of

42 Pa.C.S. § 3118(b).

(c) All newly elected or appointed magisterial district judges shall, within twelve (12)

months of assuming office, complete a thirty

- two (32) hour supplemental practicum in

accordance with the requirements of Pa.R.J.A. 602(b). This requirement shall be in addition

to the annual continuing education requirement.

Rule 302. Judicial Education Standards

Judicial education courses developed under these rules shall meet the following standards:

(a) Judicial education must, to the greatest extent possible, address judges' distinct

educational needs.

(b) A course shall have significant intellectual or practical content, the primary

objective of which is to improve the participants' professional competence and ethical

behavior.

(c) A course shall be an organized program of learning to deal with matters direc tly

related to subjects which satisfy the objectives of 42 Pa.C.S. § 3113 and § 3118 and these

rules.

(d) A course must be presented in a suitable setting, conducive to a good educational

environment, which provides attendees with adequate writing space or surface.

(e) The Board may limit class sizes to create and maintain environments that are

conducive to learning and that provide maximum engagement by the learner.

(f) The Board may, at its discretion or as budgetary and administrative circumstances

require, all ow for distance education to satisfy some or all judicial education required by 42

Pa.C.S. § 3113 and § 3118 and these rules. Courses delivered by distance education must:5 1. provide mechanisms to ensure interactivity and/or monitor course

participation;

2. be completed in such a manner that certification of attendance is

controlled and proof thereof is determined by the Board; and

3. include a mechanism to allow for course evaluations in a format

determined by the Board.

(g) Self

- study will not be approved for certification, continuing education or

supplemental practicum requirements.

(h) Program leaders or presenters shall be qualified with the practical and/or

academic experience necessary to conduct the program effectively.

(i) L eaders or presenters may receive compensation at a rate determined by the

Board, subject to the approval of the Court Administrator.

(j) Though written materials may not be appropriate to all courses, they are expected

to be utilized whenever possible. Wh en written materials are deemed appropriate, each

attendee shall be provided with a thorough, high quality and carefully prepared copy before or

at the time of the course.

(k) The Board shall make reasonable accommodations, in accordance with the

Americans with Disabilities Act, for certification course, continuing education and

supplemental practicum attendees as required.

(I) The Board shall develop and implement methods to evaluate its course offerings

to determine their effectiveness and the extent to which they meet judges' unique

educational needs.

Rule 303. Certification and Examination

(a) All persons elected or appointed as judges shall be members of the bar of this

Commonwealth or shall attend a certification course, which shall be at least forty (40) hours

in length, and earn a passing score of seventy percent (70%) on the certification

examination prior to assuming office, as set forth in 42 Pa.C.S. 

### § 3112

- 

### § 3114 and

Pa.R.J.A. 601(a).

(b) The content of the certification course shall include, but shall not be limited to,

the requirements set forth in 42 Pa.C.S. § 3113(b) and any other provision of rule or law as

determined by the Board in accordance with these rules.6

(c) The certification course shall be scheduled with sufficient frequency to ensure that,

once elected or appointed, a judge may qualify to assume office at the earliest opportunity in

accordance with 42 Pa.C.S. § 3113(a).

(d) The certification course shall be open to any interested person, in accordance

with 42 Pa.C.S. § 3114.

(e) Certification course attendees shall not be charged a fee to attend the certification

course and shall be provided instructional materials at no cost. 42 Pa.C.S. § 3117. The Board

shall determine what constitutes appropriate instructional material.



### (f) Certification course attendees are responsible for all costs and expenses related

to their attendance beyond those enumerated in 42 Pa.C.S. § 3117.

(g) The Board shall offer a certification examination within thirty (30) days of each

certification course.

(h) Th e Board shall offer any person who does not successfully pass the

examination referenced in paragraph (a) an opportunity to sit for the examination again

prior to the next certification course. Thereafter, if the person has not successfully passed

the examination, he or she will have the opportunity to sit for the examination again

following the conclusion of the next regularly scheduled certification course. The Board

may limit the number of times unsuccessful candidates may retake the exam without fir st

retaking the certification course.

Rule 304. Supplemental Practicum

(a) The Board shall determine the length and the content of the continuing education

practicum course required by Pa.R.J.A. 602(b).

(b) Practicum exercises must be part of the course of instruction.

Rule 401. Waivers and Special Status

(a) Waiver. A waiver is a grant by the Board that continuing education requirements

may be excused. The Board may waive any amount of continuing education requirements for

a period of not more than one (1) year upon a finding by the Board of:

1. undue hardship, including extraordinary situations that could not reasonably have

been anticipated;

2. circumstances beyond the control of the judge that prevent the judge from

complying in any reasonable manner with continuing education requirements; or7

3. circumstances under which the Board determines a waiver request manifestly

demonstrates good cause.

(b) Senior judges.

1. Newly certified senior judges must complete the supplemental practicum

required by Pa.R.J.A. 602(b).

2. Senior judges must compete annual continuing education courses as required

by these rules.

(c) Members of the Armed Forces. Compliance with these rules shall be waived

for members of the Armed Forces on active duty during the period of thei r active duty. A

judge completing active duty shall notify the Board within thirty (30) days of returning to

judicial service. Thereafter, the judge must comply with c ontinuing e ducation requirements

for the forthcoming year.

Rule 501. Noncompliance

(a) The Board shall notify in writing any judge who does not comply with the

continuing education requirements. There shall be no exceptions or exemptions from the

continuing education requirements set forth in 42 Pa.C.S. § 3118 and Pa.R.J.A. 602, except

those enumerated herein.

(b) Noncompliance shall constitute grounds for the Supreme Court to declare a

vacancy in that district in accordance with 42 Pa.C.S. § 3118(a)(2) and Pa.R.J.A. 602(a).

(c) The Board shall report to the Supreme Court and to the Judicial Conduct Board

any judge who fails to complete their annual continuing education requirement.

Rule 601. Hearings

(a) Any judge or certification candidate aggrieved by a decision of the Board may

petition for a hearing before the Board within ninety (90) days of the decision.

(b) Requests for hearings. All requests for hearings shall be addressed to the Minor

Judiciary Education Board, 601 Commonwealth Avenue, Suite 2500, P.O. Box 62475,

Harrisburg, Pennsylvania 17106

- 2475. All matters shall be heard by the Board, unles s in

the discretion of the Board Chair, the matter should proceed as otherwise provided in this

rule.8

(c) In the discretion of the Board's Chair, a matter initially may be assigned to a

Board member or panel of Board members for decision. If the hearing is conducted by more

than one (1) person, the Chair of the Board shall designate one person who will act as the

presiding hearing officer. Within thirty (30) days after the hearing, the member or panel shall

submit a recommendation to the Board.

(d) After receipt of the member or panel's recommendation, the Board shall review

the matter based upon the existing record, or in its discretion, conduct such further

proceedings as it deems appropriate, or review the matter de novo.

(e) At all hearings, the pet itioner shall have the burden of proof of establishing

compliance with these rules by a preponderance of the evidence. Counsel for the Board

shall represent the Board if directed to do so by the Board.

(f) At the hearing, any party shall have the opportunity to call witnesses, examine

and cross

- examine witnesses, and to introduce such evidence as is relevant to the

proceeding. Evidence shall be admitted at the discretion of the Board, and as long as that

discretion is not abused, the Board shall not be restrained by technical Rules of Evidence.

(g) All hearings shall be confidential, and shall not be open to the public, except at

the request of the petitioner

. Witnesses shall be sworn and a complete electronic record

or a transcript shall be made. The presiding hearing officer shall have authority to rule on

all motions, objections, and other matters presented.

(h) In investigations and proceedings under these rul es, the Board shall have power

to issue subpoenas and cause testimony to be taken under oath before the Board or Board

members. All subpoenas shall be issued in the name and under the seal of the Supreme

Court and served as provided by the Rules of Civil Procedure. Fees and costs of the

subpoenas shall be paid from the funds of the Board or taxed as costs, as determined by

the Board.

(i) The member, panel, or Board, as the case may be, may order the testimony of a

witness to be taken by deposition within or without this Commonwealth in the manner

prescribed for the taking of depositions in the Rules of Civil Procedure and the depositions

may be used to the same extent as permitted under those rules. Costs for the taking of a

deposition shall be paid from the funds of the Board or taxed as costs, as determined by

the Board.

(j ) Within ninety (90) after the conclusion of a proceeding, the Board shall issue its

decision. A copy of the Board's decision shall be promptly mailed to the petitioner by the

Board.

(k) If a judge is deemed to be noncompliant, a request for a hearing shall not operate

as a stay or supersedeas of any action taken by the Board with respect to the judge's9

noncompliance, unless upon application and good cause shown, the Board grants a stay

or supersedeas of its action.

(I) A petitioner aggrieved by a Board decision may request reconsideration. There

is no right to appeal provided under these rules.