Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Deferral. A "deferral"
is an extension of time granted by the Board in which to complete CJE
requirements.
A deferral of any CJE requirements may be authorized by the
Board for good cause shown. The length of any deferral shall be in the Board's
sole discretion. In no event, however, may a deferral extend beyond December 31
of the subsequent year to the year in which the deferral was granted. All
deferred credits must be completed by expiration of the time granted for
deferral. Deferred credits completed in any year subsequent to the year in
which the deferral was granted shall be in addition to that subsequent year's
annual CJE requirements.
(b)
Senior Judges. Judges who are certified for senior status must
complete the CJE requirements for each year of certified senior status. Any
judge who is not active, but eligible and not yet certified for senior status
under Pa.R.J.A. No. 701, shall upon certification for senior status complete
the CJE requirements for the year in which certification is granted as follows:
(1) if certification occurs between January 1
and March 31: 12 credits; 3 of which must be ethics and 4 of which must be
developed by or under the supervision of the Department;
(2) if certification occurs between April 1
and June 30: 9 credits, 3 of which must be ethics and 3 of which must be
developed by or under the supervision of the Department;
(3) if certification occurs between July 1
and August 31: 6 credits; 2 of which must be ethics and 2 of which must be
developed by or under the supervision of the Department;
(4) if certification occurs after September
1: 3 credits; 1 of which must be ethics. The judge shall have until the end of
the first quarter of the following calendar year to complete these three (3)
credits.
(5) If in a final year of
active service, a senior judge does not complete all required CJE requirements,
the senior judge shall not be eligible for further judicial service until all
credit hours in arrears, in addition to current year requirements for which the
senior judge again is to serve, are satisfied. In no event shall a judge be
required to complete more than two (2) times the annual requirement for CJE.
Example: Judge X has retired from active
service and is eligible for senior status. In October of the following year,
Judge X is certified as a senior judge but has completed no CJE requirements
for that calendar year. Judge X will have until the end of the following year
to complete 15 CJE credits (3 for the year certified and 12 for the current
year).
(c)
Waiver. A "waiver" is a grant by the Board that CJE
requirements may be excused. The Board may waive any amount of CJE 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 CJE
requirements; or
(3) circumstances
under which the Board determines a waiver request manifestly demonstrates good
cause.
(d)
Judges
Leaving Active Service.
(1)
General Rule. All judges must complete the CJE requirements
for each year of active service.
(2)
Pro Rata Credits. When a
judge leaves active service before the end of a full calendar year, CJE
requirements shall be pro-rated as follows:
(i) if separation occurs after September 1,
12 credits: 3 of which must be ethics and 4 of which must be developed by or
under the supervision of the Department;
(ii) if separation occurs between July 1 and
August 31: 9 credits, 3 of which must be ethics and 3 of which must be
developed by or under the supervision of the Department;
(iii) if separation occurs between April 1
and June 30: 6 credits; 2 of which must be ethics and 2 of which must be
developed by or under the supervision of the Department;
(iv) if separation occurs before March 31,
all CJE requirements for that calendar year shall be waived.
(3)
Effect on Senior
Status: If a judge leaves active service before completing the CJE
requirements as described above, the judge shall not be eligible for
certification for senior status until the credits required for the retirement
year have been fulfilled. These credits shall be in addition to the CJE
requirements for the year the judge becomes certified for senior
service.
(e)
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
their 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 CJE requirements for the forthcoming year.
