Content-based and hours-based education for superior court judges and subordinate judicial officers regularly assigned to hear probate proceedings

(a) Definitions

As used in this rule, the following terms have the meanings stated below:

(1) "Probate proceedings" are decedents' estates, guardianships and conservatorships under division 4 of the Probate Code, trust proceedings under division 9 of the Probate Code, and other matters governed by provisions of that code and by the rules in division 1 of title 7 of the California Rules of Court.

(2) A judicial officer "regularly assigned to hear probate proceedings" is a judge or subordinate judicial officer who is:

(A) Assigned to a dedicated probate department where probate proceedings are customarily heard on a full-time basis;

(B) Responsible for hearing most of the probate proceedings filed in a court that does not have a dedicated probate department; or

(C) Responsible for hearing probate proceedings on a regular basis in a department in a branch or other location remote from the main or central courthouse, whether or not the judicial officer also hears other kinds of matters in that department and whether or not there is a dedicated probate department in the main or central courthouse; or

(D) Designated by the presiding judge of a court with four or fewer authorized judges.

(b) Content-based requirements

(1) Judicial officers beginning a regular assignment to hear probate proceedings after the effective date of this rule-unless they are returning to this assignment after less than two years in another assignment-must complete six hours of education on probate guardianships and conservatorships, including court-supervised fiduciary accounting and the less restrictive alternatives to conservatorship stated in Probate Code section 1800.3, within one year of starting the assignment.

(2) The education required in (1) may be applied toward satisfaction of the hours-based continuing education expected of judges and required of subordinate judicial officers under rule 10.462(d).

(3) The education required in (1) must be provided by the Center for Judicial Education and Resources (CJER), an approved provider under rule 10.481(a), or education approved by the judicial officer's presiding judge as meeting the education criteria specified in rule 10.481(b).

(4) The education required in (1) may be instructor-led (live remote or in-person), asynchronous (such as videos and e-learning), or self-directed study.

(c) Hours-based continuing education

(1) In a court with five or more authorized judges, judicial officers regularly assigned to hear probate proceedings must complete 12 hours of continuing education every three-year education cycle on probate guardianships and conservatorships, including court-supervised fiduciary accounting and the less restrictive alternatives to conservatorship stated in Probate Code section 1800.3.

(2) In a court with four or fewer authorized judges, judicial officers regularly assigned to hear probate proceedings must complete nine hours of continuing education every three-year education cycle, on probate guardianships and conservatorships, including court-supervised fiduciary accounting and the less restrictive alternatives to conservatorship stated in Probate Code section 1800.3.

(3) The three-year education cycle begins on and runs concurrently with the dates specified in rule 10.462(d)(1).

(4) The number of hours of education required in (1) or (2) may be reduced proportionately for judicial officers whose regular assignment to hear probate proceedings is for a period of less than three years.

(5) The education required in (1) or (2) may be applied toward satisfaction of the 30 hours of continuing education expected of judges or required of subordinate judicial officers under rule 10.462(d).

(6) Judicial officers may fulfill the education requirement in (1) or (2) through council-sponsored education, an approved provider (under rule 10.481(a)), or education approved by the judicial officer's presiding judge as meeting the education criteria specified in rule 10.481(b).

(7) The education required in (1) or (2) may be instructor-led (live remote or in-person), asynchronous (such as videos and e-learning), or self-directed study.

(d) Extension of time

The provisions of rule 10.462(e) concerning extensions of time apply to the content-based and hours-based education required under (b) and (c) of this rule.

(e) Record keeping and reporting

(1) The provisions of rule 10.462(f) and (g) concerning, respectively, tracking participation, record keeping, and summarizing participation by judges and tracking participation by subordinate judicial officers, apply to the education required under this rule.

(2) Presiding judges' records of judicial officer participation in the education required by this rule are subject to audit by Judicial Council staff under rule 10.462. Judicial Council staff may require courts to report participation by judicial officers in the education required by this rule to ensure compliance with Probate Code section 1456.