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Law360 (April 29, 2020, 8:53 PM EDT) -- Florida's Chief Justice Charles Canady on Wednesday eased continuing judicial education credit requirements for state court judges amid the coronavirus pandemic, which has forced the cancellation of many judicial education programs.
In an administrative order, Justice Canady suspended a requirement that judges must earn most of their continuing judicial education credits at in-person events. The suspension will remain in effect until further order, the justice said.
The order builds upon a previous one issued March 31 extending deadlines for completing judicial education requirements. That order said justices and judges whose three-year reporting cycle ends on or before Dec. 31, 2020, will be given until Dec. 31, 2021, to complete their requirements.
Florida judges and justices are required to complete at least 30 credit hours — including four hours of ethics training — of approved judicial education programs every three years. New trial judges must complete the Florida Judicial College program in their first year on the bench, and new appellate judges and justices have to complete an approved appellate program within two years of their appointment to the bench.
Earlier this month, the Florida Supreme Court codified the chief justice's emergency power to suspend deadlines and rules to mitigate difficulties the Florida Bar and its members are facing in meeting requirements of the Rules Regulating the Florida Bar.
The state's highest court said such action was prudent to provide a streamlined response for the "changing circumstances" of the current situation.
"The adoption of the new procedure also will provide a more expeditious procedure for responding to future public health crises and other emergency situations that could impact The Florida Bar and others who are governed by the procedural requirements of the bar rules," the court's five current justices said in the unsigned opinion issued April 9.
The court added a new subdivision titled "Action by the Chief Justice" to Rule Regulating the Florida Bar 1-12.1. The amendment states that during a public health emergency or other emergency situation affecting the Florida Bar and participants of its rules, the chief justice may, either upon the request of the bar or on the court's own volition, enter an order "as may be appropriate" to "suspend, extend, toll, or otherwise change time periods, deadlines, or standards imposed by the Rules Regulating the Florida Bar, orders, or opinions."
It also says the chief justice may suspend or modify other requirements or limitations imposed by rules, orders or opinions, "including, without limitation, those governing the use of communication equipment and proceedings conducted by remote electronic means; and require or authorize temporary implementation of procedures and other measures, which may be inconsistent with applicable requirements, to address the emergency situation."
--Additional reporting by Nathan Hale. Editing by Emily Kokoll.
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