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In Matter of Establishing Greater Training Requirements

Supreme Court of Montana
Jun 10, 2003
(Mont. Jun. 10, 2003)

Opinion

June 10, 2003


ORDER


Pursuant to Sec. 3, Ch. 389, L. 2003, the 2003 Montana Legislature, among other things, adopted certain amendments to § 3-6-202, MCA. Specifically, § 3-6-202, MCA, now provides in pertinent part:

(4) A municipal court judge shall complete a minimum of 15 hours of continuing judicial education requirements each year or a greater number established by the supreme court. Attendance at the two annual training sessions under 3-10-203 may fulfill the requirement provided for in this subsection.

(5) Completion of a course approved for continuing judicial or legal education hours applies to the judicial education requirements under subsection (4).

Similarly, Sec. 6, Ch. 389, L. 2003, amended § 3-10-203, MCA by providing, in pertinent part:

(4) A justice of the peace for a justice's court established as a court of record, provided for in 3-10-101, must meet the requirements provided for in [section 10].

In that regard, Sec. 10, Ch. 389, L. 2003, provides in pertinent part:

(2) A justice of the peace for a justice's court established as a court of record, provided for in 3-10-101, shall complete a minimum of 15 hours of continuing education requirements each year or a greater number established by the supreme court. Attendance at the two annual training sessions under 3-10-203 may fulfill the requirement provided for in this subsection.

(3) Completion of a course approved for continuing judicial or legal education hours applies to the judicial education requirements under subsection (2).

Aside from whatever other judicial or legal education courses a municipal court judge or a justice of the peace for a justice's court established as a court of record may choose to complete, this Court has determined that attendance of such judges and justices at the two mandatory annual training sessions prescribed by § 3-10-203, MCA, must also be required. These two mandatory annual training sessions provide judicial education directed specifically at Montana statutory and jurisprudential law and provide information relating to the efficient operation and standards of justice and judicial services expected from all courts of limited jurisdiction in Montana. Moreover, these two annual training sessions prepare the judges and justices of the courts of limited jurisdiction for the certification test which is prerequisite to the Commission on Courts of Limited Jurisdiction issuing certificates of completion of a course of education and training prescribed by § 3-1-1502 and 1503, MCA.

Therefore, this Court has determined that municipal court judges and justices of the peace for justice's courts established as courts of record are required to complete a greater number of hours of judicial education than the minimum hours specified in Secs. 3 and 10, Ch. 389, L. 2003. Accordingly,

IT IS ORDERED that pursuant to Article VII, Section 2( 2) of the Constitution of Montana, Sec. 3, Ch. 389, L. 2003 and § 3-6-202(4) and (5), MCA, all municipal court judges shall attend the two mandatory annual training sessions provided for in § 3-10-203, MCA, in addition to whatever other courses of continuing judicial or legal education they may choose to complete.

IT IS FURTHER ORDERED that pursuant to Article VII, Section 2( 2) of the Constitution of Montana, Sec. 10, Ch. 389, L. 2003, and § 3-10-203(4), MCA, all justices of the peace for justice's courts established as courts of record shall attend the two mandatory annual training sessions provided for in § 3-10-203, MCA, in addition to whatever other courses of continuing judicial or legal education they may choose to complete.

IT IS FURTHER ORDERED that the Clerk of this Court give notice of this Order by mail to each municipal court judge in Montana; to each justice of the peace in Montana; to each justice of the peace for a justice's court established as a court of record in Montana; to David G. Rice, Chairperson, Commission on Courts of Limited Jurisdiction; and to the State Law Librarian and Executive Director of the State Bar of Montana with the request that they publish this Order on their respective websites.

IT IS FURTHER ORDERED that this order shall be effective July 1, 2003.


Summaries of

In Matter of Establishing Greater Training Requirements

Supreme Court of Montana
Jun 10, 2003
(Mont. Jun. 10, 2003)
Case details for

In Matter of Establishing Greater Training Requirements

Case Details

Full title:IN THE MATTER OF ESTABLISHING GREATER TRAINING REQUIREMENTS FOR MUNICIPAL…

Court:Supreme Court of Montana

Date published: Jun 10, 2003

Citations

(Mont. Jun. 10, 2003)