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IN THE SUPREME COURT OF THE STATE OF MONTANA

AF 12-0374

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IN THE MATTER OF MODIFYING THE RULES 

FOR COURTS OF LIMITED JURISDICTION 

TRAINING AND CERTIFICATION OF JUDGES

O R D E R

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Through its Chairman, Judge Perry Miller, the Commission on Courts of Limited 

Jurisdiction (Commission) has asked this Court to make certain modifications to Rule 5 

of the Rules for Courts of Limited Jurisdiction Training and Certification of Judges. The 

purpose of the modifications, which relate to emergency waivers from training 

conferences, is to reflect current practice and to provide clarity to judges, Commission 

members, and staff. 

Good cause having been shown,

IT IS ORDERED that Rule 5 of the Rules for Courts of Limited Jurisdiction 

Training and Certification of Judges is modified as follows, to address the need for 

emergency waivers from training conferences. Language hereby added to the Rule is 

shown highlighted:

Rule 5. Waiver

A. WAIVER COMMITTEE. The Commission shall annually name 

a three-member waiver committee. The committee shall recommend action 

to the commission on all written applications from judges for waivers of 

semi-annual training, and shall act on all applications for waivers of 

training for substitute judges. 

B. WAIVER OF SEMI-ANNUAL TRAINING. 

June 26 2012
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(1) To obtain a waiver of attendance at a training conference, the 

judge must make written application to the Commission, via the waiver 

committee, stating the reason why the waiver is requested. Except for 

requests for a waiver under B(2), the request for a waiver must be 

submitted to the Commission, via the waiver committee, at least forty (40) 

days prior to the scheduled date the training conference will begin. A

notice of the waiver committee’s proposed recommendation to the 

Commission will be sent to the applicant five (5) days prior to the 

Commission’s action thereon. If the applicant objects to the proposed 

recommendation, the applicant may appear at the next regular Commission 

meeting and present his or her position to the commission. The 

Commission shall consider the request for waiver and shall advise the judge 

in writing of its determination at least ten (10) days prior to the scheduled 

date the training conference will begin. 

(2) The Commission may grant a waiver of semi-annual training 

because of illness, death in the family, or other good cause. Only one semiannual training session may be waived by virtue of attendance at an out-ofstate training program.

(3) Any request for permission to leave a semi-annual training 

conference prior to its completion shall be presented in writing to the 

Commission, via the waiver committee, and shall constitute an application 

for a waiver. All training conference and emergency waiver requests shall 

be initially addressed by the waiver committee, which will make a 

recommendation to the full Commission. Emergencies shall be addressed 

to the commission at the training conference for approval. 

[No changes to subsection (C)]

The Clerk is directed to provide copies of this order to the Chair of the 

Commission on Courts of Limited Jurisdiction, Thomson Reuters, Todd Everts at 

Montana Legislative Services Division, and Shauna Ryan, Judicial Education 

Coordinator, Montana Supreme Court.

DATED this 26th day of June, 2012.

/S/ MIKE McGRATH

/S/ JAMES C. NELSON

/S/ JIM RICE

/S/ PATRICIA COTTER

/S/ BETH BAKER

/S/ BRIAN MORRIS