STATUTORILY MANDATED TRAINING

a. Judicial-education entities shall provide training as required by the following statutes: Tx. Gov’t Code Sec. 22.111, Gov’t. Code Title Training for Prosecuting Attorneys Related to Punishment Enhancement Because of Bias or Prejudice Sec. 22.1105, Gov’t. Code Judicial Instruction Related to Certain Alleged Child Offenders & Youth Diversion Sec. 22.1106, Gov’t. Code Judicial Instruction Related to Court-Ordered Outpatient Mental Health Services 10 | R u l e s o f J u d i c i a l E d u c a t i o n Sec. 22.012, Gov’t. Code Training Related to Diversions Sec. 22.013, Gov’t. Code Sec. 22.0133, Gov’t. Code Sec. 22.110, Gov’t. Code Judicial Instruction Related to Guardianship Issues Judicial, Court Investigator, and Court Visitor Training Related to Guardianships Judicial Instruction Related to Family Violence, Sexual Assault, Trafficking of Persons, Child Abuse and Neglect, & Elder Abuse and Neglect (including dynamics of family violence) Sec. 41.110, Gov’t. Code Training Related to Family Violence Sec. 41.111, Gov’t. Code Training Related to Prosecuting Attorney’s Duty to Disclose Exculpatory and Mitigating Evidence b. Judicial Education entities shall provide training in ethics, which must include information about issues related to race, fairness, ethnic sensitivity and cultural awareness. c. Definitions, as related to Sec. 22.110, Gov’t. Code, are as follows: (1) The term “judicial officer” in this rule refers to a district judge or a judge of a statutory county court; (2) The term “judicial officer” in this rule refers to an associate judge appointed under Chapter 54 of this code, or Chapter 201 of the Family Code, or to a master, referee or magistrate. d. As related to training required by Sec. 22.110, Gov’t. Code: the Texas Center for the Judiciary is the designated reporter for a judge or judicial officer that does not comply with the requirements of this section to the State Commission on Judicial Conduct. e. As related to training required by Sec. 22.110, each judicial officer, as defined above in Subsection (c), who is in office on September 1, 2023, must complete the training required by this section as amended not later than December 1, 2025. A judge or judicial officer subject to this section may no longer submit an affidavit to exempt them from the training requirements. 11 | R u l e s o f J u d i c i a l E d u c a t i o n (1) Within the judge’s first term of office or the judicial officer’s first four years of service is to complete and provide certification of completion of 12 hours of training that include at least: i. four (4) hours dedicated to issues related to trafficking of persons, child abuse and neglect, and elder abuse and neglect that cover at least two of the topics described in Subsections (d)(8) through (12) and (d)(14); ii. six (6) hours dedicated to the training described by Subsections (f)(5), (6) and (7); iii. and one hour dedicated to the training on dynamics of family violence; (2) each judge and judicial officer during each additional term in office or four years of service is to complete and provide certification of completion of an additional five (5) hours of training that include at least: i. two (2) hours dedicated to the training described by Subsections (f)(11) and (12); and ii. one hour dedicated to dynamics of family violence; and (3) each judge of a court with primary responsibility for family law or family violence matters is to complete and provide certification of completion of an additional hour of training in dynamics of family violence. (4) All rules applicable to judicial officers are also applicable to retired and former judicial officers if they are subject to assignment. (5) Pursuant to Sec. 22.110(b-1), Gov’t. Code, the rules adopted exempt from the training requirements each judge or judicial officer, including an associate judge, who files an affidavit stating the judge or judicial officer does not hear cases involving family violence, sexual assault, trafficking of persons, child abuse and neglect, or elder abuse and neglect. f. Pursuant to Sec. 22.110, Gov’t. Code, instruction must include training on the following: (1) statutory and case law relating to videotaping child’s testimony and relating to competency of children to testify; (2) methods for eliminating the trauma to the child caused by the court process; (3) case law, statutory law, and procedural rules relating to family violence, sexual assault, trafficking of persons, and child abuse and neglect; 12 | R u l e s o f J u d i c i a l E d u c a t i o n (4) methods for providing protection of victims of family violence, sexual assault, trafficking of persons, and child abuse and neglect; (5) available community and state resources for counseling and other aid to victims and to offenders; (6) gender bias in the judicial process; (7) dynamics and effects of being a victim of sexual assault, trafficking of persons, or child abuse and neglect; (8) dynamics of sexual abuse of children, including child abuse accommodation syndrome and grooming (9) impact of substance abuse on an unborn child and on a person’s ability to care for a child; (10) issues of attachment and bonding between children and caregivers; (11) issues of child development that pertain to trafficking of persons and child abuse and neglect; (12) medical findings regarding physical abuse, sexual abuse, trafficking of persons, and child abuse and neglect; (13) dynamics of family violence; and (14) elder abuse and neglect g. As related to training required by Sec. 41.111, Gov’t. Code: (1) The term “prosecuting attorney” in this subsection means any county attorney, district attorney, criminal district attorney, assistant county attorney, assistant district attorney, or assistant criminal district attorney who represents the state in the prosecution of felony or misdemeanor criminal offenses other than Class C misdemeanors. The term includes any attorney acting as a county attorney, district attorney, criminal district attorney pro tem, or any attorney otherwise acting as a special prosecutor. The term does not include an attorney holding one of those positions who exclusively practices civil law. (2) Within 180 days of assuming duties as a prosecuting attorney, a person shall complete a one-hour course of study relating to the duty of a prosecuting attorney to disclose exculpatory and mitigating evidence in a criminal case. (3) Each prosecuting attorney who completes the training described in Subsection g(2) shall complete additional training within four calendar years from the year of their initial training, and every four years thereafter. (4) The training described in Sec. 41.111, Gov’t. Code, may be delivered in multiple formats, including live, web-based, and audio- and/or visually recorded. (5) Pursuant to Ch. 56.006, Gov’t. Code, the Court shall monitor the program 13 | R u l e s o f J u d i c i a l E d u c a t i o n performance of entities receiving grant funds. Further, pursuant to Sec. 41.111, Gov’t. Code, the Court is required to adopt rules to ensure the training of prosecutors is specific with respect to a prosecuting attorney’s duties regarding the disclosure of exculpatory and mitigating evidence in a criminal case and must be consistent with case law and the Texas Disciplinary Rules of Professional Conduct. A provider of training required by Sec. 41.111, Gov’t. Code: i. shall provide to the Court, prior to the training, course materials so the Court may approve the content of the training; ii. shall develop a method of certifying completion of the training required; and iii. shall provide to the Court an annual report of all prosecuting attorneys completing the required training by January 31st of the following year. h. Definitions, as related to Sec. 22.0133, Gov’t. Code and Sec. 1054.157, Estates Code, are as follows: (1) “Alternatives to guardianship” has the same meaning as is assigned in Section 1002.0015 the Estates Code. (2) “Court investigator” means a person appointed under Subchapter D of Chapter 1054 of the Estates Code. (3) “Court visitor” means a person appointed to conduct evaluations of wards and file reports with the court under Subchapter C of Chapter 1054 of the Estates Code. (4) “Probate judge” means a constitutional county court judge, statutory county court judge, statutory probate judge, or any associate judge who has jurisdiction over guardianship. (5) “Proposed ward” means a person for whom an application for the appointment of a guardian has been filed but who is not under guardianship. (6) “Supports and services” has the same meaning as is assigned in Section 1002.031 of the Estates Code. (7) “Ward” means a person under guardianship. i. As related to the Guardianship training under Gov’t Code 22.013 and 22.0133, Sec. 22.0133 is an additional requirement: 14 | R u l e s o f J u d i c i a l E d u c a t i o n (1) A probate judge who is in office on September 1, 2023, must complete: i. one hour of education on alternatives to guardianship and supports and services available to proposed wards and wards by December 1, 2025; and ii. one hour of education on alternatives to guardianship and supports and services available to proposed wards and wards every two years thereafter. iii. A probate judge who assumes office after September 1, 2023, must complete one hour of education on alternatives to guardianship and supports and services available to proposed wards and wards every two years from the probate judge’s anniversary of assuming office. iv. The probate judge must certify completion consistent with Rule 9 of the Rules of Judicial Education. (2) A court investigator or a court visitor must complete two (2) hours of education on guardianship every two years. Of the two hours of education, the court investigator or the court visitor must complete one hour of education on alternatives to guardianship and supports and services available to proposed wards and wards. i. Certification. The court investigator and the court visitor must file with each appointing court a certificate or other proof of completion. (3) Nothing in this rule excuses completion of other education requirements mandated by law or rule. (4) Programs sponsored by the following organizations may be used to satisfy the education requirements of these rules: i. programs listed in Rule 2(c); and ii. any other program approved by the Supreme Court, in consultation with the Court of Criminal Appeal and the Judicial Branch Certification Commission. iii. A provider of a continuing education program, a probate judge, a court investigator, or a court visitor may request approval of a program under Subsection (4)(ii). The request must be accompanied by an outline of the materials that describe the course content, identify the presenters, indicate the time allotted to each segment, and provide the date and location of the program. 15 | R u l e s o f J u d i c i a l E d u c a t i o n