Rule 5 Waiver
Rule Text
Except as provided in Mich CJE R 5.1, the Board may waive the MCJE requirements for any part of the remaining portion of the current reporting period upon a finding by the Board of undue hardship or circumstances beyond the control of the judicial officer which prevent the judicial officer from complying in any reasonable manner with the MCJE requirement.
(A) Undue Hardship. For purposes of this rule, undue hardship is a circumstance that could not have been reasonably anticipated and that causes an unreasonable or disproportionate burden or obstacle to compliance with MCJE requirements, such as severe and/or prolonged illness or incapacitation, or the time in which a judicial officer has to complete the requirements given the date on which the officer took office or was hired.
(B) Circumstances Beyond Control. For purposes of this rule, circumstances beyond the control of the judicial officer are situations that significantly impede the ability to participate in MCJE, for example, the death of a spouse, child, stepchild, or member of the judicial officer’s household.
(C) Time for Request. A waiver request must be made within 60 days of the occurrence of the undue hardship or circumstances beyond the control of the judicial officer necessitating the request but no later than the end of the reporting period.
(D) Hearing. An informal hearing will be held as soon as practicable on waiver requests unless the Board and judicial officer agree no hearing is necessary.
(1) A waiver hearing must be held before a hearing panel composed of three Board members to be determined by the Board.
(2) The hearing panel will make a recommendation to the Board regarding the waiver request and submit it to the Board for final decision. The Board will communicate its decision to the judicial officer within 14 days after the hearing concludes unless extended by the Board for good cause.
(E) Form. Requests for waiver must be made using the method required by the Board, and any documentation supporting the request must be included.