Rule 108. Education requirements for Justices of the Peace

(a) Minimum continuing legal education requirement. --

(1) Each Justice of the Peace shall complete a minimum of 30 hours of actual instruction in approved continuing legal education activities during each two (2) year period. Of the 30 hours, a minimum of two (2) hours shall be obtained from programs or portions of programs providing instruction in the area of judicial or legal ethics.

(2) For purposes of paragraph (a)(1), "approved legal education" means courses offered through the Justice of the Peace Court legal education program, courses accredited by the Delaware Commission on Continuing Legal Education, or other courses or programs which are approved for continuing legal education credit by the Chief Magistrate.

(3) If a Justice of the Peace completes more than 30 credit hours of instruction in a two-year period, the excess credit up to 15 credits may be carried forward and applied to the education requirements for the succeeding two-year period only; however, no credits to be applied to the judicial or legal ethics requirement may be carried forward.

(b) Basic legal education requirement. --

(1) Each Justice of the Peace originally commissioned after 1993 shall successfully complete a basic legal education program as approved by the Chief Magistrate within a time prescribed by the Chief Magistrate. The Chair of the Basic Legal Education Committee of the Justice of the Peace Court shall certify the successful completion of the basic legal education program by a newly appointed judge. The Chief Magistrate may require a Justice of the Peace to attend further portions of the basic legal education program as necessary to ensure competence in office.

(2) Basic legal education program course credits shall not be included as a part of the credit requirements of the approved continuing legal education program of the Justice of the Peace Court. However, Justices of the Peace who have already successfully completed basic legal education, but who attend subsequent basic legal education courses with approval of the Chief Magistrate shall be eligible for credit toward continuing legal education credits. Justices of the Peace engaged in teaching basic legal education courses or other courses approved by the Chief Magistrate may obtain continuing legal education credit for actual hours taught.

(c) Exception. --

(1) The requirements of paragraphs (a)(1) and (b)(1) shall be subject to the availability of approved continuing legal education and basic legal education credits offered through the Justice of the Peace Court education program as well as continuing legal education credits offered through courses accredited by the Delaware Commission on Continuing Legal Education or other courses or programs approved for credit by the Chief Magistrate. The Chief Magistrate may waive the requirements of paragraphs (a)(1) and (b)(1) in circumstances where the total number of credit hours required exceed the total number of credit hours offered by the Justice of the Peace Courts legal education program, other courses accredited by the Delaware Commission on Continuing Legal Education or courses or programs approved for credit by the Chief Magistrate. Cost of programs other than those offered through the Justice of the Peace Court continuing legal education program may be a factor considered by the Chief Magistrate in assessing availability of sufficient credits in any request for a waiver.

(2) Justices of the Peace admitted to the practice of law in Delaware who comply with the requirements of the Delaware Rules for Mandatory Continuing Legal Education are exempted from these requirements. Notwithstanding this exemption, Justices of the Peace who are members of the Delaware Bar may obtain credit through the Justice of the Peace Court's continuing legal education program and are not exempt from mandatory training as required by the Chief Magistrate.

(d) Reporting requirements. --

(1) A certificate of attendance in each approved course must be submitted to the Chief Magistrate in order for a Justice of the Peace to receive continuing legal education or credit for the course.

(2) The Chief Magistrate shall maintain the list of approved continuing legal education and basic legal education credits for Justices of the Peace.

(e) Noncompliance. --

(1) In the event a Justice of the Peace fails to fulfill the basic legal education and/or continuing legal education requirements by the end of each applicable period, the Chief Magistrate shall send a notice of noncompliance to the Justice of the Peace. The notice of noncompliance shall specify the nature of the noncompliance.

(2) The Justice of the Peace shall submit, within 90 days after receipt of the notice of noncompliance, a written plan for making up the deficiency in necessary credits. The Chief Magistrate shall advise the Justice of the Peace whether the plan is accepted within 30 days after receipt of the plan. Full completion of the plan shall occur within 60 days after the Justice of the Peace receives notice from the Chief Magistrate of the acceptance of the plan.

(3) If the Justice of the Peace fails to comply with the requirements of paragraph

(e) (2), the Chief Magistrate shall notify the Chief Justice of the Delaware Supreme Court of the noncompliance of the Justice of the Peace. A copy of the notice shall be placed in the personnel file of the Justice of the Peace.