Judges who fail their first three attempts are placed on referral. The referral does not affect any assignments previously approved but does block the person from being approved on any future panels while in place. Once the exam is passed, the referral is lifted.As explained previously, failure after six attempts results in the judge being marked inactive until the requirement successfully completed.
Judges who refuse to comply, are placed on referral and may be marked inactive. Numerous notifications are sent by the department reminding judges of the need to complete the exam. The department also notifies the judge if he/she is being placed on referral or marked inactive due to the lack of response.