NONCOMPLIANCE AND SANCTIONS

Rules and Regulations for Mandatory Continuing Judicial Education

Rule: 6

Jurisdiction: MS

Bluebook Citation: Miss. RARFMCJ R. 6

(a) As soon as practicable after October 1 of each year, the Mississippi Judicial College shall compile the following: (1) A list of those judges, or justices who have complied with these rules for the prior preceding CJE year ending July 31, as required by Rules 3 and 5, Mississippi Rules for Mandatory Continuing Judicial Education. (2) A list of judges or justices who have not complied with these rules for the prior preceding CJE year ending July 31 indicating that they have not complied with the requirement of Rules 3 and 5, Mississippi Rules for Mandatory Continuing Judicial Education. (3) Any request for waiver of these rules from any judge/justice. (b) The above lists shall then be forwarded to the Committee On Mandatory Continuing Judicial Education who shall then notify, by certified mail, each judge/justice who has not complied with Rules 3 and 5, Mississippi Rules for Mandatory Continuing Judicial Education within sixty (60) days, why the judge/justice should not be reported to the Supreme Court for sanction. Said judge/justice shall furnish the Committee with an affidavit: (1) Indicating that the judge/justice has complied with the requirement prior to expiration of the sixty (60) days, or 8 (2) Setting forth a valid excuse for failure to comply with the requirements because of hardship or other good cause. (c) At the expiration of sixty (60) days from the date of the Notice to Show Cause, the Committee shall notify the Supreme Court of Mississippi of each judge/justice who fails to file an affidavit satisfactory to the Committee On Mandatory Continuing Judicial Education as described in (b)(1) and (b)(2) above and may recommend appropriate sanctions to the Mississippi Supreme Court. The sanctions are to be determined by said Supreme Court. Said sanctions may include a private reprimand, public reprimand, and/or the publication of the name of said judge in the Mississippi Lawyer as not having satisfactorily completed mandatory judicial education, or other appropriate sanction. (d) At any time after notice of noncompliance to the Supreme Court, a judge/justice may file with the Committee an affidavit indicating compliance with Rules 3 and 5, Rules for Mandatory Continuing Judicial Education; and if satisfactory to the Committee On Mandatory Continuing Judicial Education, it shall forthwith notify the Supreme Court and may recommend sanctions to be imposed by the Supreme Court. (e) Any Youth Court Referee who fails to comply with the continuing judicial educational requirements of §43-21-111(2) Miss. Code Ann. or Rule 3 hereof shall be disqualified to serve as a Youth Court Referee, until compliance, in accordance with §43-21-111(2) Miss Code Ann. [Amended effective July 1, 1989; August 1, 1994; January 1, 1998; August 1, 2019.] 9 Appendix The Commissioners approved on September 1, 1987, the following sponsors for credit toward Mandatory Continuing Judicial Education requirements for all judges and justices, excluding Youth Court referees, from any approved course of: A. The Mississippi Commission on Continuing Legal Education, P.O. Box 362, Jackson, Mississippi 39205-0369, or another similar authority of any state; B. The National Judicial College, University of Nevada, Reno, Nevada, 89557; C. The Appellate Course, New York University, New York, New York; D. The ABA Judicial Administration Division, Appellate Judges' Conference, 750 N. Lake Shore Drive, Chicago, Illinois 60611; E. The American Academy of Judicial Education, 2025 Eye Street, N.W., Suite 903, Washington, D.C. 20006; F. The Institute for Court Management of the National Center for State Courts, Suite 402, 1331 17th Street, Denver, Colorado 80202; G. The National Center for State Courts, 300 Newport Avenue, Williamsburg, Virginia 23187-8798; H. The National College of Juvenile Justice, P.O. Box 8978, Reno, Nevada 89507; I. The National College of Juvenile and Family Law, P.O. Box 8978, Reno, Nevada 89507; J. The University of Virginia, School of Law, Graduate Program for Judges, Charlottesville, Virginia 22901; K. Study toward the Master of Laws in the Judicial Process degree offered by the University of Virginia Law School; and, 10 L. The Mississippi Judicial College, P.O. Box 8850, University, Mississippi 38677. 11

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