Ind. Admission & Discipline Rule 28

Effective June 6, 2022

Section 1. Purpose.

It is essential to the public that Judges continue their education in order to maintain and

increase their professional competence, to fulfill their obligations under the Indiana Code of

Judicial Conduct, and to ensure the delivery of quality judicial services to the people of the

State of Indiana. The purpose of this Rule is to establish minimum continuing judicial education requirements for each Judge in the State of Indiana.

Section 2. Definitions.

As used in this Rule:

(a) Approved Courses shall mean those Substantive Continuing Judicial and Legal Education Courses and those Non Legal Subject Matter Courses which are approved under

the Commission’s Accreditation Policies in the Guidelines to this Rule. Any course

approved for continuing legal education credit under the Commission’s Accreditation

Policies is also approved for continuing judicial education credit.

(b) Attorney shall mean a person who has been admitted to practice law in the State of

Indiana and whose name appears in the files of the Board of Law Examiners as provided

under Admission and Discipline Rule 4.

(c) Bar shall mean the Indiana Bar and includes those persons who are Attorneys under

subsection (b) above.

(d) Business Day shall mean Monday, Tuesday, Wednesday, Thursday, and Friday of each

week but shall not include Federal or Indiana state holidays.

(e) Clerk shall mean Clerk of the Indiana Supreme Court, Court of Appeals and Tax Court.

(f) Commission shall mean the Indiana Commission For Continuing Legal Education created by Section 4 of Rule 29.

(g) Commissioner shall mean a person who is a member of the Commission.

(h) Educational Period shall mean a three-year period during which a Senior Judge, City or

Town Court Judge, Marion County Small Claims Court Judge, or a part-time Court Commissioner or Referee must complete thirty-six (36) hours of Approved Courses. Educational Periods shall be sequential, in that once a particular three-year period terminates,

a new three-year period and thirty-six (36) hour minimum shall commence.

(i) Full-time Court Commissioner or Referee shall mean an attorney serving as a court commissioner or referee in a circuit, superior or probate court and who does not practice law

regardless of the number of hours worked per week for the court.

(j) Judge shall mean a regularly sitting Justice of the Indiana Supreme Court, Judge of the

Indiana Court of Appeals or Tax Court, Judge of an Indiana circuit, superior or probate

court, Magistrate, court commissioner or referee of any such court, Judge of an Indiana

city or town court including non-attorney Judges, and Senior Judge certified by the Indiana

Supreme Court Indiana Office of Judicial Administration (IOJA). The term Judge does not

include state or federal administrative law Judges. State and federal administrative law

Judges are governed by the provisions of Admission and Discipline Rule 29.

(k) Judicial Officer Educational Period shall mean a three-year period during which a State

Level Judicial Officer (as defined below) must complete fifty-four (54) hours of Approved

Courses. Judicial Officer Education Periods shall be sequential in that once a particular

three-year period terminates, a new three-year period and fifty-four (54) hour minimum

shall commence.

(l) Non-attorney Judge shall mean a person who has been elected or appointed to serve as

the Judge of a city or town court and who is not required by statute to be a licensed attorney to hold the office of city or town court Judge.

(m) Non Legal Subject Matter (NLS) Courses shall mean courses that the Commission

approves for Non Legal Subject Matter credit pursuant to the Commission’s Accreditation

Policies in the Guidelines to this Rule because, even though they lack substantive judicial

or legal content, they nonetheless enhance an attendee’s proficiency in the management

or administration of a court.

(n) Part-time Court Commissioner or Referee shall mean an attorney serving as a court

commissioner or referee in a circuit, superior or probate court and who continues to practice law regardless of the number of hours worked per week for the court.

(o) State Level Judicial Officer shall mean a sitting Justice of the Indiana Supreme Court,

Judge of the Indiana Court of Appeals or Tax Court, Judge of a circuit, superior or probate

court, magistrate, and a full-time court commissioner or referee of a circuit, superior or

probate court.

(p) Substantive Continuing Judicial and Legal Education Courses shall mean courses that

the Commission approves for credit pursuant to the Commission’s Accreditation Policies

in the Guidelines to this Rule because the course pertains to subject matter having significant intellectual or practical content relating to the administration of justice, the adjudication of cases, the management of cases or court operations by the judicial officer or to

the education of judicial officers with respect to their professional or ethical obligations.

(q) Supreme Court shall mean the Supreme Court of the State of Indiana.

(r) Year shall mean calendar year unless otherwise specified in this Rule.

(s) Professional Responsibility Credits shall mean credits for topics that specifically

address judicial ethics or professional responsibility. Any course that is approved for ethics or professional responsibility under the Commission’s accreditation policies is also

approved for judicial ethics credit.

(t) Distance Education shall mean instructional delivery that does not constrain the stu-

dent to be physically present in the same location as the instructor and does not require

an attendant at the learning site to monitor attendance.

(u) New Judge Orientation Program shall mean the General Jurisdiction Orientation Program conducted by the IOJA.

Section 3. Education Requirements.

(a) Every State Level Judicial Officer shall complete no less than fifteen (15) hours of Approved

Courses each year and shall complete no less than fifty-four (54) hours of Approved Courses

each Judicial Officer Educational Period as defined in Section 2(k). At least five (5) hours of

Approved Courses in Professional Responsibility, either as a free standing program or integrated as part of a substantive program, shall be included within the hours of continuing education required during each three (3) year Judicial Officer Educational Period. No more than

eighteen (18) hours of the Judicial Officer Educational Period requirement shall be filled by

Non Legal Subject Matter Courses. All credits for a single educational activity will be applied in

one (1) calendar year.

(b) Any judge not covered by (a) shall complete no less than six (6) hours of Approved Courses

each year and shall complete no less than thirty-six (36) hours of Approved Courses each Educational Period as defined in Section 2(h). At least three (3) hours of Approved Courses in Professional Responsibility, either as a free standing program or integrated as part of a

substantive program, shall be included within the hours of continuing education required during each three (3) year Educational Period. No more than twelve (12) hours of the Educational

Period requirement shall be filled by Non Legal Subject Matter Courses. No more than three

(3) hours of the Educational Period Requirement shall be filled through in-house education

programs in accordance with the Guidelines. All credits for a single educational activity will be

applied in one (1) calendar year.

(c) Every Judge of a circuit, superior or probate court first elected or appointed to the bench

after January 1, 2006 shall attend the next regularly scheduled New Judge Orientation Program following the date of the Judge’s election or appointment unless the Chief Justice of Indiana, for good cause shown in a written request, excuses attendance.

(d) For all current sitting State Level Judicial Officers, their existing three-year Continuing

Legal Education cycle under Rule 29 terminates as of December 31, 2010. A State Level Judicial Officer’s first three (3) year Judicial Officer Educational Period as defined in Section 2(k) of

this Rule shall commence on January 1, 2011 with no carry-over hours.

(e) An Attorney serving as a Senior Judge, City or Town Court Judge, Marion County Small

Claims Court Judge or a part-time Court Commissioner or Referee shall remain in their current three (3) year cycle established under Section 3(b) of Rule 29. For Non-attorney Judges,

the first three year Educational Period shall commence on January 1 of the first full calendar

year in office.

(f) In the event an Attorney becomes a State Level Judicial Officer during a three (3) year Educational Period as defined in Section 2(h) of Rule 29, the State Level Judicial Officer must complete the year of appointment with the same requirements as those of an Attorney under

Rule 29. Thereafter, a State Level Judicial Officer’s Educational Period shall commence January

1 of the first full calendar year in office.

(g) In the event a State Level Judicial Officer ceases to be such an officer within a State Level

Judicial Officer Educational Period, the former officer must complete the year and three (3)

year Educational Period with the same requirements as those of an Attorney as required by

Rule 29 or those of a Senior Judge under Section 3(b) of this Rule if senior judge status is

obtained. Hours earned during the State Level Judicial Officer Educational Period will be converted to CLE hours for the remainder of the three year Educational Period.

(h) Educational seminars or programs conducted by the IOJA shall be approved for Substantive Continuing Judicial and Legal Education credit.

(i) A Judge who fails to comply with the educational requirements of this rule shall be subject

to suspension from office and to all sanctions under Section 7. A Judge so suspended shall be

automatically reinstated upon compliance with Section 7(b) "Reinstatement Procedures". The

Commission shall issue a statement reflecting reinstatement which shall also be sent to the

Executive Director of the Indiana Office of Admissions and Continuing Education to show on

the Roll of Attorneys that the Judge is in good standing.

(j) For an attorney newly admitted to the bar, at least six (6) hours of the educational requirements of Sections (a) or (b) above shall be satisfied by attending an applied professionalism

program that has been accredited by the Commission.

Section 4. Powers and Duties of the Indiana Commission For Continuing

Legal Education and Executive Director.

The powers and duties of the Indiana Commission for Continuing Legal Education and its

Executive Director under this Rule shall be the same as under Sections 6 and 7 of Rule 29.

Section 5. Exemptions and Other Relief from the Rule.

(a) United States Supreme Court Justices, United States Court of Appeals Judges, United

States District Court Judges and full-time Magistrates, and United States Bankruptcy Court

Judges are exempt from this Rule and Rule 29 on Mandatory Continuing Legal Education. The

educational requirements imposed on such Judges and full-time magistrates by federal rules

are deemed to satisfy the requirements of this Rule and Rule 29.

(b) A Judge shall be exempted from the educational requirements of the Rule for such period

of time as shall be deemed reasonable by the Commission upon the filing of a verified petition with the Commission and a finding by the Commission that special circumstances unique

to the petitioning Judge have created undue hardship. Subsequent exemptions may be granted. Judges in the military who are mobilized or deployed outside the United States and who

present their orders to the Commission along with a verified petition to establish undue hardship may be CLE exempted for a period of up to three years. The Commission may set forth

further requirements and/or limitations for any exemption that is issued or granted under

this subsection, including but not limited to the requirement of annual renewals or reporting.

(c) A Judge who is physically impaired shall be entitled to establish an alternative method of

completing the educational requirements of this Rule upon the filing of a verified petition

with the Commission and a finding by the Commission that the alternative method proposed

is necessary and consistent with the educational intent of this Rule. Any petition filed under

this subsection shall contain a description of the physical impairment, a statement from a

physician as to the nature and duration of the impairment, a waiver of any privileged inform-

ation as to the impairment and a detailed proposal for an alternative educational method.

Judges in the military who are on active duty in the United States and who present their

orders to the Commission along with a verified petition may be allowed to complete their

educational requirements through an alternative educational method. This allowance may be

extended for a period of up to three years.

(d) A Judge who believes that he or she will be unable to make timely compliance with the

educational requirements imposed by this Rule may seek relief from a specific compliance

date by filing a verified petition with the Commission. The petition shall set forth reasons

from which the Commission can determine whether to extend such compliance date. A petition seeking such an extension of time must be filed as much in advance of the applicable

compliance date as the reasons which form the basis of the request afford. The Commission,

upon receipt and consideration of such petition, shall decide if sufficient reasons exist, and

may grant an extension for such period of time as shall be deemed reasonable by the Commission. Judges in the military who are on active duty may petition for an extension of time to

complete their educational requirements. In no event shall such an extension be granted bey-

ond the time when the next compliance date, as required by the Rule, occurs.

Section 6. Annual Reporting to Judges.

(a) On or before September 1 of each year, the Commission shall mail or electronically transmit to each Judge, a statement showing the Approved Courses which the Judge is credited on

the records of the Commission with having attended during the current year and the current

Educational Period. This statement will be sent to the mailing or e-mail address for the Judge

listed on the Roll of Attorneys maintained by the Executive Director of the Indiana Office of

Admissions and Continuing Education. A Judge shall at all times keep his or her address and

e-mail address current with the Roll of Attorneys. If the Judge has completed the minimum

hours for the year or Educational Period, the statement will so reflect and inform the Judge

that he or she is currently in compliance with the education requirements of the Rule. It shall

not be a defense to noncompliance that a Judge has not received an annual statement. Additional statements will be provided to a Judge upon written request and a five dollar ($5.00)

fee made payable to the Continuing Legal Education Fund.

If the statement shows the Judge is deficient in educational hours, but the Judge believes he

or she is in compliance for the year or Educational Period the Judge shall file a letter of explan-

ation, a Sponsor certification of course attendance, a personal affidavit of attendance, and an

application for course accreditation. All fees must be included with the submission. The documents required by this subsection shall be filed by December 31 of the year or Educational

Period in question unless an extension of time to file the same has been granted by the Commission. When a Judge has resolved the above discrepancies, the Commission shall issue a

statement showing that the Judge is in compliance with the Rule for the year or Educational

Period. In the event credit is not granted, the Judge shall have thirty (30) days after written

notification of that fact to comply with the educational requirements or appeal the determination pursuant to Section 8. Failure to do so will result in referral to the Supreme Court for

suspension.

(b) If the statement incorrectly reflects that the Judge has completed the minimum hours for

the year or the Educational Period, then it shall be the duty of the Judge to notify the Commission and to complete the educational requirements mandated by this Rule.

(c) All fees must be paid in order for a Judge to be considered in compliance with this Rule.

Section 7. Sanctions and Reinstatements.

(a) Sanctions. On January 1, a one-hundred fifty dollar ($150.00) late fee accrues against each

Judge who has not met his/her yearly or Educational Period requirements for the period end-

ing December 31st of the previous year. On February 1 of each year the Commission shall

mail or electronically transmit a notice assessing a one-hundred fifty dollar ($150.00) late fee

to those Judges who are shown as not having completed the yearly or Educational Period

requirements. The Commission will consider the Judge delinquent for Continuing Judicial Education (CJE) until both certification of attendance at an approved program and payment of the

late fee are received. Late fees and surcharges are to be deposited by the Commission immediately upon receipt. If the delinquent Judge has not fulfilled the yearly or Educational Period

requirements at the time the Court issues an order suspending that Judge from office and

the practice of law, the delinquency fee is forfeited. If the Judge is reinstated to the office and

the practice of law pursuant to the provisions of this Section within one year of suspension,

any forfeited late fee shall be credited toward the reinstatement fee. A one hundred dollar

($100.00) surcharge will be added to the late fee for each consecutive year for which a Judge

fails to timely comply with CJE requirements.

On May 1 of each year, a list of those Judges still failing to complete the yearly or Educational

Period requirements will be submitted to the Supreme Court for immediate suspension from

the practice of law and suspension from the office of judge. These Judges will suffer the suspension of their license to practice law and suspension from the office of Judge and all

related penalties until they are reinstated.

(b) Reinstatement Procedures. A Judge suspended shall be automatically reinstated upon petition to the Commission and payment of a two hundred dollar ($200.00) reinstatement fee in

addition to any applicable surcharge. The petition must demonstrate the petitioner's compliance according to the following reinstatement schedule:

(1) for a suspension of one (1) year or less the petitioner must, between the date of suspension and the date of the petition for reinstatement:

(i) complete the hours required to satisfy the deficiency which resulted in the suspension; and

(ii) complete six (6) additional hours of Approved Courses in a separate course or

courses;

(2) for a suspension of more than one (1) year a petitioner must, between the date of suspension and the date of the petition for reinstatement:

(i) complete the hours required to satisfy the deficiency which resulted in the suspension;

(ii) complete thirty-six (36) hours of Approved Courses, twelve (12) hours of which must

have been completed within the last twelve (12) month period prior to the date of the

petition; and

(iii) begin a new Educational Period as of January 1st of the year of reinstatement pursuant to Section 3(a) of this Rule.

The Commission shall issue a statement reflecting reinstatement to show on the Roll of Attorneys that the Judge is in good standing. A Judge suspended by the Supreme Court who continues to hold office or practice law shall be subject to sanctions by the Supreme Court.

Extensions to provide course attendance certifications for courses which were timely taken

may be granted for good cause shown; extensions of time to complete educational requirements are not permitted except under Section 5 of this Rule. Providing or procuring of false

certifications of attendance at educational courses shall be subject to appropriate discipline

under the Admission and Discipline Rules. All fees must be paid in order for a Judge to be considered in compliance with this Rule.

Section 8. Appeals Regarding Commission Records.

Any Judge who disagrees with the records of the Commission in regard to the credits recor-

ded for the Judge during the current year or Educational Period and is unable to resolve the

disagreement pursuant to Section 6 of this Rule, may petition the Commission for a determination as to the credits to which the Judge is entitled. Petitions pursuant to this Section must

be received by the Commission within thirty (30) days of the Commission’s written notification that credit has not been granted and shall be considered by the Commission at its

next regular or special meeting, provided that the petition is received by the Commission at

least ten (10) business days before such meeting. The Judge filing the petition shall have the

right to attend the Commission meeting at which the petition is considered and to present relevant evidence and arguments to the Commission. The rules of pleading and practice in civil

cases shall not apply, and the proceedings shall be informal. The determination of the Commission shall be final as to the number of credits for the Judge and shall be appealable dir-

ectly to the Supreme Court. In the event of a good faith dispute pursuant to this Section, the

educational and reporting deadlines of this Rule shall be extended until thirty (30) days after

the full Commission has ruled on the disputed issue, or if an appeal is taken, until thirty (30)

days after the Supreme Court has ruled on the disputed issue.

Section 9. Petitions.

Any petition filed with the Commission pursuant to this Rule shall be in writing and shall be

signed and verified by the Judge seeking relief. The petition shall be sent by registered or certified mail to the attention of the Executive Director at the Commission's offices at the

address shown on the most recent statements or on the Commission’s web page pursuant to

Section 6 of this Rule.

Section 10. Confidentiality.

Unless otherwise directed by the Supreme Court or by another court having jurisdiction, the

files, records and proceedings of the Commission, as they may relate to or arise out of a

Judge or Sponsor attempting to satisfy the continuing judicial educational requirements of

this Rule shall be confidential and shall not be disclosed except in furtherance of the duties of

the Commission or upon the request of the Judge or Sponsor affected.

Section 11. Conflict of Interest.

A member, agent or administrator of the Commission shall abstain from participating in any

decision involving a sponsor or provider of educational services of which he or she is an

officer. A member, agent or administrator of the Commission shall not be an employee of an

entity principally engaged in sponsoring or providing continuing legal education services.