CALIFORNIA STATUTES AND RULES OF COURT RELEVANT TO ONGOING EDUCATION FOR JUDGES

Last Updated: 3/15/07

Statutes Relevant to Judicial Education:
California Government Code
68551
68553
68555
Rules of Court Relevant to Judicial Education:
California Rules of Court
5.235
10.453

CALIFORNIA GOVERNMENT CODE

 
§68551.  The Judicial Council is authorized to conduct institutes and seminars from time to time, either regionally or on a statewide basis, for the purpose of orienting judges to new judicial assignments, keeping them informed concerning new developments in the law and promoting uniformity in judicial procedure. Such institutes and seminars shall include, without being limited thereto, consideration of juvenile court proceedings, sentencing practices in criminal cases and the handling of traffic cases. Actual and necessary expenses incurred by superior and municipal court judges at any such institute or seminar shall be a charge against the county to the extent that funds are available therefor.

 
§68553.  The Judicial Council shall establish judicial training programs for judges, referees, commissioners, mediators, and others as deemed appropriate who perform duties in family law matters.
  The training shall include a family law session in any orientation session conducted for newly appointed or elected judges and an annual training session in family law.
  The training shall include instruction in all aspects of family law, including effects of gender on family law proceedings, the economic effects of dissolution on the involved parties, and, on and after July 1, 1994, the effects of allegations of child abuse or neglect made during family law proceedings.

 
§68555.  The Judicial Council shall establish judicial training programs for individuals who perform duties in domestic violence matters, including, but not limited to, judges, referees, commissioners, mediators, and others as deemed appropriate by the Judicial Council. The training programs shall include a domestic violence session in any orientation session conducted for newly appointed or elected judges and an annual training session in domestic violence. The training programs shall include instruction in all aspects of domestic violence.

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2006 California Rules of Court

Rule 5.235. Ex parte communication in child custody proceedings

(a) Purpose

Generally, ex parte communication is prohibited in legal proceedings. In child custody proceedings, Family Code section 216 recognizes specific circumstances in which ex parte communication is permitted between court-connected or court-appointed child custody mediators or evaluators and the attorney for any party, the court-appointed counsel for a child, or the court. This rule of court establishes mandatory statewide standards of practice relating to when, and between whom, ex parte communication is permitted in child custody proceedings. This rule applies to all court-ordered child custody mediations or evaluations. As in Family Code section 216, this rule of court does not restrict communications between a court-connected or court-appointed child custody mediator or evaluator and a party in a child custody proceeding who is self-represented or represented by counsel.

(b) Definitions

For purposes of this rule,

(1)"Communication" includes any verbal statement made in person, by telephone, by voicemail, or by videoconferencing; any written statement, illustration, photograph, or other tangible item, contained in a letter, document, e-mail, or fax; or other equivalent means, either directly or through third parties.

(2)"Ex parte communication" is a direct or indirect communication on the substance of a pending case without the knowledge, presence, or consent of all parties involved in the matter.

(3)A "court-connected mediator or evaluator" is a superior court employee or a person under contract with a superior court who conducts child custody evaluations or mediations.

(4)A "court-appointed mediator or evaluator" is a professional in private practice appointed by the court to conduct a child custody evaluation or mediation.

(c) Ex parte communication prohibited

In any child custody proceeding under the Family Code, ex parte communication is prohibited between court-connected or court-appointed mediators or evaluators and the attorney for any party, a court-appointed counsel for a child, or the court, except as provided by this rule.

(d) Exception for parties' stipulation

The parties may enter into a stipulation either in open court or in writing to allow ex parte communication between a court-connected or court-appointed mediator or evaluator and:

(1)The attorney for any party; or

(2)The court.

(e) Ex parte communication permitted

In any proceeding under the Family Code, ex parte communication is permitted between a court-connected or court-appointed mediator or evaluator and (1) the attorney for any party, (2) the court-appointed counsel for a child, or (3) the court, only if:

(1)The communication is necessary to schedule an appointment;

(2)The communication is necessary to investigate or disclose an actual or potential conflict of interest or dual relationship as required under rule 5.210(h)(10) and (h)(12);

(3)The court-appointed counsel for a child is interviewing a mediator as provided by Family Code section 3151(c)(5);

(4)The court expressly authorizes ex parte communication between the mediator or evaluator and court-appointed counsel for a child in circumstances other than described in (3); or

(5)The mediator or evaluator is informing the court of the belief that a restraining order is necessary to prevent an imminent risk to the physical safety of the child or party.

(Subd (e) amended effective January 1, 2007.)

(f) Exception for mandated duties and responsibilities

This rule does not prohibit ex parte communication for the purpose of fulfilling the duties and responsibilities that:

(1)A mediator or evaluator may have as a mandated reporter of suspected child abuse;

(2)A mediator or evaluator may have to warn of threatened violent behavior against a reasonably identifiable victim or victims;

(3)A mediator or evaluator may have to address a case involving allegations of domestic violence under Family Code sections 3113, 3181, and 3192 and rule 5.215; and

(4)The court may have to investigate complaints.

(Subd (f) amended effective January 1, 2007.)

Rule 5.235 amended effective January 1, 2007; adopted effective July 1, 2006.

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Rule 10.463. Education requirements for family court judges and subordinate judicial officers

Each judge or subordinate judicial officer whose primary assignment is to hear family law matters or who is the sole judge hearing family law matters must complete the following education:

(a) Basic family law education

Within six months of beginning a family law assignment, or within one year of beginning a family law assignment in courts with five or fewer judges, the judge or subordinate judicial officer must complete a basic educational program on California family law and procedure designed primarily for judicial officers. A judge or subordinate judicial officer who has completed the basic educational program need not complete the basic educational program again. All other judicial officers who hear family law matters, including retired judges who sit on court assignment, must complete appropriate family law educational programs.

(Subd (a) amended effective January 1, 2008; adopted as (1) effective January 1, 1992; previously amended and lettered effective January 1, 2003.)

(b) Continuing family law education

The judge or subordinate judicial officer must complete a periodic update on new developments in California family law and procedure.

(Subd (b) amended effective January 1, 2008; adopted as (2) effective January 1, 1992; previously amended and lettered effective January 1, 2003.)

(c) Other family law education

To the extent that judicial time and resources are available, the judge or subordinate judicial officer must complete additional educational programs on other aspects of family law including interdisciplinary subjects relating to the family.

(Subd (c) amended effective January 1, 2008; adopted as (3) effective January 1, 1992; previously amended and lettered effective January 1, 2003.)

Rule 10.463 amended and renumbered effective January 1, 2008; adopted as rule 1200 effective January 1, 1992; previously amended and renumbered as rule 5.30 effective January 1, 2003.

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