The Waiver Process
If a judge is unable to attend the mandatory 12 hours of judicial education within the academic year (September 1, 2008 - August 31, 2009), he or she may request a waiver from the Municipal Courts Education Committee. The Committee typically reviews requests for waivers in September after the end of the academic year. If an emergency situation has occurred and is well documented in the request for a waiver, the Committee may grant a conditional waiver that will require the judge to attend two conferences (one at his or her own expense) in the next year.1 Only in rare cases is an unconditional waiver granted. More often, waivers are denied. If a waiver is denied, the judge's name is sent to the State Commission on Judicial Conduct. It is highly recommended that judges not wait until the summer to attend a judicial education program. With 10 regional programs and a Traffic Safety Conference being held this year, it is unlikely that the Committee will view requests for either unconditional or conditional waivers with any leniency.
1- Justices of the peace (non-lawyers) who are appointed to the municipal court bench must attend a TMCEC 32-hour school within one year of appointment. Those who are licensed by the State Bar of Texas must attend a TMCEC 12-hour conference within one year of appointment.
2- The grant only provides sufficient funding for judges and clerks to attend one TMCEC program a year. Judges and clerks may attend a second TMCEC program at their own expense. An exception to this policy is judges who serve as their own clerks (and do not have deputy clerks); they may attend a 12-hour judges program and a 12-hour clerks program in the same year at grant expense. The cost of a conference (housing, meals, and course materials) paid by the grant is typically at least $300 a person at each 12-hour conference.