204 Pa. Code § 501 - Deferrals, Waivers, and Special Status

Current through Register Vol. 52, No. 16, April 16, 2022

(a) Deferral. A "deferral" is an extension of time granted by the Board in which to complete CJE requirements.

A deferral of any CJE requirements may be authorized by the Board for good cause shown. The length of any deferral shall be in the Board's sole discretion. In no event, however, may a deferral extend beyond December 31 of the subsequent year to the year in which the deferral was granted. All deferred credits must be completed by expiration of the time granted for deferral. Deferred credits completed in any year subsequent to the year in which the deferral was granted shall be in addition to that subsequent year's annual CJE requirements.

(b) Senior Judges. Judges who are certified for senior status must complete the CJE requirements for each year of certified senior status. Any judge who is not active, but eligible and not yet certified for senior status under Pa.R.J.A. No. 701, shall upon certification for senior status complete the CJE requirements for the year in which certification is granted as follows:
(1) if certification occurs between January 1 and March 31: 12 credits; 3 of which must be ethics and 4 of which must be developed by or under the supervision of the Department;
(2) if certification occurs between April 1 and June 30: 9 credits, 3 of which must be ethics and 3 of which must be developed by or under the supervision of the Department;
(3) if certification occurs between July 1 and August 31: 6 credits; 2 of which must be ethics and 2 of which must be developed by or under the supervision of the Department;
(4) if certification occurs after September 1: 3 credits; 1 of which must be ethics. The judge shall have until the end of the first quarter of the following calendar year to complete these three (3) credits.
(5) If in a final year of active service, a senior judge does not complete all required CJE requirements, the senior judge shall not be eligible for further judicial service until all credit hours in arrears, in addition to current year requirements for which the senior judge again is to serve, are satisfied. In no event shall a judge be required to complete more than two (2) times the annual requirement for CJE.

Example: Judge X has retired from active service and is eligible for senior status. In October of the following year, Judge X is certified as a senior judge but has completed no CJE requirements for that calendar year. Judge X will have until the end of the following year to complete 15 CJE credits (3 for the year certified and 12 for the current year).

(c) Waiver. A "waiver" is a grant by the Board that CJE requirements may be excused. The Board may waive any amount of CJE requirements for a period of not more than one (1) year upon a finding by the Board of:
(1) undue hardship, including extraordinary situations that could not reasonably have been anticipated;
(2) circumstances beyond the control of the judge that prevent the judge from complying in any reasonable manner with CJE requirements; or
(3) circumstances under which the Board determines a waiver request manifestly demonstrates good cause.
(d) Judges Leaving Active Service.
(1) General Rule. All judges must complete the CJE requirements for each year of active service.
(2) Pro Rata Credits. When a judge leaves active service before the end of a full calendar year, CJE requirements shall be pro-rated as follows:
(i) if separation occurs after September 1, 12 credits: 3 of which must be ethics and 4 of which must be developed by or under the supervision of the Department;
(ii) if separation occurs between July 1 and August 31: 9 credits, 3 of which must be ethics and 3 of which must be developed by or under the supervision of the Department;
(iii) if separation occurs between April 1 and June 30: 6 credits; 2 of which must be ethics and 2 of which must be developed by or under the supervision of the Department;
(iv) if separation occurs before March 31, all CJE requirements for that calendar year shall be waived.
(3) Effect on Senior Status: If a judge leaves active service before completing the CJE requirements as described above, the judge shall not be eligible for certification for senior status until the credits required for the retirement year have been fulfilled. These credits shall be in addition to the CJE requirements for the year the judge becomes certified for senior service.
(e) Members of the Armed Forces. Compliance with these rules shall be waived for members of the Armed Forces on active duty during the period of their active duty. A judge completing active duty shall notify the Board within thirty (30) days of returning to judicial service. Thereafter, the judge must comply with CJE requirements for the forthcoming year.

Notes

204 Pa. Code § 501
Adopted by Pennsylvania Bulletin, Vol 50, No. 10. March 7, 2020, effective 3/7/2020

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