Failure to obtain certification — notice. (1) Upon failure of a judge to obtain a certificate

and after the expiration of the period within which an application for a temporary certificate may be made, the judge is disqualified and there is a vacancy in the office. (2) The commission shall send notice of the disqualification and vacancy to: (a) the judge; (b) the supreme court; (c) the clerk and recorder of the judge’s jurisdiction; and (d) the governing body. MONTANA SUPREME COURT COMMISSION ON COURTS OF LIMITED JURISDICTION JUDICIAL EDUCATION POLICY 1. NEW JUDGES. Upon notification of election or appointment pursuant to MCA 3-1-1503 or MCA 13-15-405, the Court Administrator’s Office shall without unnecessary delay, mail or deliver available training materials, together with instructions, to the elected or appointed judge. 2. TRAINING CONFERENCES. Pursuant to MCA 3-10-203 and MCA 3-11-204, the Commission will conduct two training conferences each year — Spring and Fall. 3. TRAINING CONFERENCE SCHEDULING. At each training conference judges will be notified of the dates and location of the next training conference to the extent that the date and location are known. Judges are responsible for calendaring training conferences. 4. CONFERENCE REGISTRATION. It is the duty of each judge to notify the Court Administrator’s Office of a change of address for the court or judge. The Court Administrator’s Office shall mail registration materials to each judge at least 45 days prior to the beginning of a conference. Registration materials shall include a registration form, “Tentative Agenda” identifying the beginning and ending of the conference, a room reservation form if provided by the hotel, and other appropriate information. Each judge shall: (1) complete the registration form including questions relating to the court; (2) make appropriate arrangements with the city or county for payment of the registration fee, and (3) return the completed form together with the registration fee to the Court Administrator’s Office by the deadline listed. 5. HOTEL RESERVATIONS. The conference facility will block a sufficient number of rooms and will set a deadline for making reservations. Each judge is responsible for making room reservation within the allotted time. 6. NON-SMOKING ENVIRONMENT. Smoking is not permitted in classrooms, breakout rooms, break areas, hallways adjacent to any area used by judges, or during meals provided by the conference. Smoking is only allowed outside the conference facility, in a judge’s private room, or areas specifically designated by the conference facility as smoking areas. 7. BEGINNING OF CONFERENCE. All judges shall be present when the conference begins unless a waiver has been granted by the Commission. (See Rule 5B of Limited Jurisdiction Training and Certification of Judges.) 8. SIGN IN / SIGN OUT. Judges should plan their arrival to allow time to acquaint themselves with the layout of the conference facility and location of the classes. Judges are required to sign in at the conference registration table and pick up their conference folder during the times listed on the Tentative Agenda. Judges will also be required to sign out after the last session of the conference. 9. DAILY SCHEDULE. Judges are responsible for knowing and complying with the daily class schedule, including times scheduled for breaks and lunch. Attendance at every class in its entirety is mandatory unless excused by the Commission. (See Rule 5B Courts of Limited Jurisdiction Training and Certification of Judges.) (1) Judges who attend classes while exhibiting signs of alcohol or other chemical impairment will be removed from the class and will not receive credit for attending that class. (See Rule 11, below.) 10. BREAKS. Classes will be scheduled with at least one (1) break each hour. Judges should promptly return to the classroom before the class is scheduled to begin. Judges should remain in the classroom for the entire session unless a physical condition requires a break more often. 11. CERTIFICATES. Conference certificates will be mailed to each judge after the conference is concluded. Judges failing to attend all conference classes in their entirety, unless excused by the Commission, will not be given a conference certificate and will not receive credit for the conference. 12. TESTING. In addition to the certification test as provided in Rule 6 Courts of Limited Jurisdiction and Certification of Judges, judges are subject to testing during all training conferences, depending upon the educational objectives and the material presented. Testing results, other than the certification test, will not be reported on a pass/fail basis, but will be used to determine if: (1) the material presented was adequately covered and understood by a judge(s); (2) judge(s) would benefit from further instruction in any area of the law, and (3) an individual judge needs special assistance on a specific subject matter. 13. VIOLATION OF POLICY. Judges failing to attend a conference in its entirety, including late registration, failing to attend classes, late for classes, or leaving classes early, shall be grounds for action by the Commission. Upon determination that a judge has violated the attendance policy, the Commission may: (1) withhold a certificate of completion, creating a violation of MCA 3-10-203 or MCA 3-11-204; (2) require a judge to appear before the Commission to explain a lack of attendance; (3) require a judge to attend, at his or her own expense, a State Bar CLE or other structured educational class as a makeup; (4) notify the city or county of the judge’s violation of attendance policy, or (5) take other appropriate action after considering the circumstances of non-attendance. 14. AMERICANS WITH DISABILITIES ACT (ADA). The Commission will make reasonable accommodations for any judge covered by the ADA with respect to training, certification, and participation at training conferences. Due to the logistics of planning a statewide conference, any judge claiming reasonable accommodations under the ADA should endeavor to do the following not less than 90 days prior to a conference: (1) Notify the Commission in writing of his or her request for reasonable accommodations at a training conference; (2) List with reasonable specificity what accommodations are requested. End