SCR
CHAPTER 32
CONTINUING
EDUCATION FOR WISCONSIN JUDICIARY
JUDICIAL COUNCIL COMMITTEE'S NOTE, 1979: The following rules govern continuing
education requirements for members of the Wisconsin judiciary. These rules were
originally adopted on June 29, 1976, effective January 1, 1977. The rules were
originally numbered 1 to 8 and have been clarified and numbered SCR 32.001 to
32.08 for uniformity and convenience.
SCR
32.001 Definition.
In this
chapter, "judge" means a justice of the supreme court, judge of the
court of appeals or judge of a court of record.
SCR
32.002 Applicability.
The
commissioners of the supreme court and staff attorneys of the court of appeals
are subject to the educational requirements of this chapter in the same manner
as judges are.
SCR 32.01
Judicial education committee.
A
judicial education committee is created consisting of the chief justice of the
supreme court or his or her designee, the chief judge of the court of appeals
or his or her designee, the director of state courts, 8 circuit judges
appointed by the supreme court and the deans of the university of Wisconsin and
Marquette law schools or their designees. The circuit judge members shall serve
staggered 2‑year terms and may serve not more than two successive 2‑year
terms. The dean of the Wisconsin Judicial College is a member ex officio of the
committee and has voting privileges.
SCR 32.02
Compulsory education required.
(1) A
judge shall earn 60 credits each period of 6 years by participating in
educational programs approved by the judicial education committee. The 6‑year
period begins on January 1, 1977, for a judge in office on that date and on the
date of taking office for a judge taking office after that date.
(2) The committee may sponsor educational
programs for court support personnel.
SCR
32.03 Definition of credit.
Credit
may be earned by attendance at both in‑state and national educational
programs sponsored or approved by the Wisconsin supreme court judicial
education committee. One credit is
awarded for each half‑day of attendance at an in‑state educational
program. The amount of credit to be awarded for attendance at a national
program is to be determined by the judicial education committee.
SCR
32.04 Required programs.
During
each 6‑year period, a judge shall attend at least once the Wisconsin
judicial college, the criminal law‑sentencing institute and the prison
tour. Credit earned for attendance at these programs is to be included as part
of the required 60 credits. This rule does not apply to appellate judges.
SCR
32.05 Minimum and maximum.
A judge
shall during each year earn no less than 5 nor more than 15 credits at an in‑state
educational activity. The 15 credit maximum may be waived upon prior approval
granted by the judicial education committee or its designee upon application of
an individual judge. The 15 credit maximum does not apply to the year the judge
attends the Wisconsin judicial college and/or the criminal law‑sentencing
institute and prison tour. A trial judge may not earn more than 24 credits for
attendance at national educational
activities in any 6‑year period. A judge is not required to attend any
national educational activity.
SCR 32.06
Programs receiving credit.
Credit
shall be granted for attendance at all programs for judges sponsored by the
judicial education committee. In addition, credit for other programs shall be
given for that portion of the program addressed to judicial education and
approved by the judicial education committee.
SCR
32.07 Credit for other educational
activities.
Credit
may be granted by the judicial education committee for other educational
activities undertaken by a judge such as writing or teaching. A judge may receive credit for teaching for
which he or she is compensated if the teaching does not interfere with the
judge's performance of his or her judicial duties and is performed outside of
regular court hours or while the judge is on vacation.
SCR
32.08 Reserve judges.
(1) To be eligible for appointment or
reappointment as a reserve judge to perform judicial assignments, a person
otherwise entitled to appointment shall earn 5 credits during the calendar year
immediately preceding appointment or reappointment. The director of state courts shall determine which judicial
education programs may be attended to earn the required 5 credits. One credit
is awarded for each half‑day of attendance at programs sponsored or
approved by the judicial education committee. Reserve judges are not required
to comply with SCR 32.04.
(2) A reserve judge is entitled to the payment
of a per diem and reimbursement of expenses incurred in attending judicial
education programs as required or permitted by sub. (1) or approved under sub.
(3), as well as in attending the annual meeting of the Wisconsin Judicial
Conference during the calendar year of actual service, whether or not judicial
education credits for attending the annual meeting are claimed.
(3) The requirements of this rule may be waived
in an individual case by the director of state courts for good cause.
SCR
32.09 Noncompliance.
(1) If a
judge fails to meet the requirements of SCR 32.04 or 32.05, the director of
judicial education shall send the judge a notice of noncompliance by registered
or certified mail. The nature of noncompliance shall be specified in the
notice. Copies of the notice shall be sent to the director of state courts and
to the chief judge of the court of appeals or administrative district. The
notice shall inform the judge that an extension is being granted for
compliance. The director of judicial
education shall have the authority to set the period of extension up to six
months, which will be of such duration to reasonably allow compliance. For good
cause, the judicial education committee may extend the period for
compliance.
(2) After the period of the extension has passed
and the judge has not complied with this order, the director of judicial
education shall refer the violation to the judicial education committee for a
hearing and send the judge a notice of the hearing by registered or certified
mail.
(3) If the judicial education committee finds
the judge has not complied with SCR 32.04 or 32.05, it shall refer the matter
to the supreme court for such action as it deems appropriate. Notice of such
referral shall be sent to the director of state courts and the chief judge of
the court of appeals or appropriate administrative district.
SCR
32.10 Applicability.
(1) Except as provided in sub. (2), this chapter
applies retrospectively to January 1, 1977, but judges may receive credit for
attendance at educational programs during 1976. These credits are to be considered part of the required 60
credits to be earned during the 6-year period commencing January 1, 1977, and
ending December 31, 1982.
(2) SCR 32.08 and 32.09 shall take effect on
January 1, 1981.
Amended
November 25, 1980; November 16, 1982; January 21, 1985; February 8, 1985;
December 2, 1992; September 12, 1997.