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In re Judicial Mandatory Continuing Legal Education

Supreme Court of Mississippi

May 9, 2019

IN RE: JUDICIAL MANDATORY CONTINUING LEGAL EDUCATION

          EN BANC ORDER

          LESLIE D. KING, PRESIDING JUSTICE

         Before the Court is the Petition to Amend the Mississippi Rules and Regulations for Mandatory Continuing Judicial Education filed by the Mississippi Judicial College. After due consideration, the Court finds that the petition should be granted in part as set forth in Exhibit A.

         IT IS THEREFORE ORDERED that the Mississippi Rules and Regulations for Mandatory Continuing Judicial Education are hereby amended as set forth in Exhibit A. These amendments are effective on August 1, 2019.

         IT IS FURTHER ORDERED that the Clerk of this Court shall spread this Order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Third Series, (Mississippi Edition).

         SO ORDERED.

         ALL JUSTICES AGREE.

         EXHIBIT A

         RULE 1. CONTINUING JUDICIAL EDUCATION COMMITTEE

         (a) There is hereby established a Committee on Continuing Judicial Education (hereinafter referred to as the Committee) consisting of six members. The Chief Justice of the Mississippi Supreme Court, or the Chief's designee, shall be an ex-officio member without vote. The Committee shall include three (3) members appointed by the Chief Justice of the Supreme Court upon the recommendation of the divisions of Circuit Court, Chancery Court (including the Youth Court), and County Court (including the Family Court Judge), there being one person to be recommended by each conference. The Chief Justice shall appoint one Supreme Court Justice to represent the Supreme Court Justices and one Court of Appeals Judge to represent the Court of Appeals Judges.

         (b)The term of the three (3) trial judges of the Committee shall be for a term of two years and their election by the conference shall be at the annual meeting of the Conference of Mississippi Judges. From and after July 1, 1989, the division of Circuit Court and the division of Chancery Court shall each elect their one representative for a two year term. The County Court division, which includes the Youth Court Judges, together with the appointment of a Justice from the Supreme Court or Court of Appeals, shall be for an initial term of one year; provided, however, that from and after the annual meeting of the Mississippi Judges in the year 1990, the succeeding terms of the County Judge and the Supreme Court Justice or Court of Appeals Judge shall be for a two year term. The Chief Justice shall appoint a judge from the Court of Appeals and the term initially shall be for a term of one and one-half years beginning January 1, 1995; provided, however, that from and after July, 1996, the succeeding terms of the Court of Appeals Judge shall be for a two year term. The term of the ex-officio member of the Committee, shall coincide with his or her term of office. An appointment to fill any vacancy due to the death, resignation or disability of a member shall be for the unexpired term.

         (c) The Committee shall have the following duties:

(1) To exercise general supervisory authority over the administration of these rules.
(2) To adopt regulations consistent with these rules.

         [Amended effective July 1, 1989; August 1, 1994.]

         Regulations

         1.1 The Chair of the Committee shall be elected by the five (5) voting members of the Committee.

         1.2 The Committee shall elect a Vice-Chair and Secretary from among its members.

         1.3 The Committee may organize itself into Subcommittees of not fewer than three (3) voting members for the purpose of considering and deciding matters submitted to them except three (3) votes shall be necessary for any action under Rule 6.

         1.4 Members of the Committee in the performance of their official duties, shall be reimbursed for expenses subject to reimbursement policies set by the Mississippi Judicial College which funds said reimbursements.

         1.5 The Committee may designate such staff as may be necessary and may further delegate executive authority to such staff to conduct the business of the Committee within the scope of the Rules and Regulations, subject at all times, however, to continual review by the Committee and available funding from the Mississippi Judicial College.

         [Regulations 1.1 and 1.2 amended effective August 1, 1994.]

         RULE 2. SCOPE AND EXEMPTIONS

         These rules shall apply to every Justice of the Supreme Court, Judges of the Court of Appeals, and Judges of the Circuit, Chancery, County, Family, Youth Courts, including Youth Court Referees, and Senior Judges under Miss. Code Ann. § 9-1-107 (5), in the State of Mississippi, except for the following persons who shall be exempt from the requirements of these rules:

(1) Workers' Compensation Commission Administrative Judges.
(2) Justice Court Judges, except insofar as statutory requirements of Miss. Code Ann. 9-11-3 and 9-11-4 ...

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