RULES OF THE MINNESOTA STATE
BOARD
OF CONTINUING LEGAL
EDUCATION
Rule 1.
Purpose
The purpose of these Rules is to require that lawyers continue their legal
education and professional development throughout the period of their active
practice of law; to establish the minimum requirements for continuing legal
education; to improve lawyers' knowledge of the law; and through continuing
legal education courses, to address the special responsibilities that lawyers as
officers of the court have to improve the quality of justice administered by the
legal system and the quality of service rendered by the legal profession.
Rule 2.
Definitions
In these Rules,
A. "Approved course" means a
course approved by the Board.
B. "Approved legal services
provider" means a legal services organization that meets at least one of the
following criteria:
(1) Funded by the Legal Services
Corporation or the Minnesota Legal Services Advisory Committee;
or
(2) Designated by the
Minnesota Legal Services Advisory Committee as an approved legal service
provider. Eligibility for designation is limited
to:
(a)
501(c)(3) nonprofit organizations that have as their primary purpose the
furnishing
of
legal services to persons with limited
means.
(b) Law firms that conduct programs that have as their
primary purpose the
furnishing
of legal services to persons with limited means are under the
supervision
of a pro bono coordinator or designated
lawyer.
(c) Law firms that provide pro bono legal services on
behalf of a Minnesota
Judicial
Branch program, including but not limited to, the Guardian ad Litem
Program.
C. "Board" means the State
Board of Continuing Legal Education.
D. "Chairperson" means the
Chairperson of the Board.
E. "Classroom setting" means a
room, including an office, suitably appointed with chairs, writing surfaces,
lecterns and other normal accouterments of a teaching room, which is exclusively
devoted to the educational activity being presented.
F. "Course in ethics or
professional responsibility" means a course or session within a course that
deals with the Minnesota Rules of Professional Conduct, the ABA Model Rules of
Professional Conduct, the rules of professional conduct or professional
responsibility of other jurisdictions, or the opinions and case law arising from
the application of any of the above-specified rules, including a course or
session within a course that addresses in a specific way concepts such as
professionalism, civility and ethical conduct in the practice of law and in the
legal profession
G. "Course in the elimination
of bias in the legal profession and in the practice of law" means a course
directly related to the practice of law that is designed to educate attorneys to
identify and eliminate from the legal profession and from the practice of law
biases against persons because of race, gender, economic status, creed, color,
religion, national origin, disability, age or sexual orientation.
H. "Court" means the Supreme
Court of the State of Minnesota.
I. "Director" means the
Director of the Board.
J. "Established continuing
legal education course sponsor," for the purposes of Rule 5B, is a person
or entity regularly retained by firms or organizations for the purpose of
presenting continuing legal education programs which is completely independent
of the firm or organization for whose members the continuing legal education
course is presented.
K. "Fee" means funds payable to
the Minnesota State Board of Continuing Legal Education.
L. "In-house course" means
a course sponsored by a single private law firm, a single corporation or
financial institution, or by a single federal, state or local governmental
agency for lawyers who are members or employees of any of the above
organizations.
M. "Involuntary restricted
status" means the status of a lawyer licensed in Minnesota who is not in
compliance with the educational and reporting requirements of these Rules and
who has been involuntarily placed in that status by order of the Court. See Rule
12 for additional provisions.
N. "Laboratory setting" means a
mock courtroom, law office, negotiation table, or other simulated setting in
which demonstrations are given, role-playing is carried out or lawyers'
activities are taught by example or participation.
O. "Law and literature course"
means a course otherwise meeting the requirements of Rules 4D and 5A, based upon
a literary text and designed to generate discussion, insight, and learning about
topics such as the practice of law, the history and philosophy of law, rhetoric,
lawyers' professional or ethical responsibilities, professional development, and
the elimination of bias in the legal profession and in the practice of law.
P. "Moderator" means an
individual, knowledgeable in the topic or topics addressed by the course, who
guides the discussion and answers questions related to the material
presented.
Q. "Participant" means a lawyer
license in Minnesota attending an approved course and actively engaged in the
subject matter being presented.
R. "Pro bono client" means an
individual, not a corporation or other organizational entity, who has been
referred to the lawyer by an approved legal services provider or by a Minnesota
Judicial Branch program.
S. "Pro bono legal
representation" means providing legal representation to a pro bono client
without compensation, expectation of compensation, or other direct or indirect
pecuniary gain.
T. "Professional development
course" means a course or session within a course designed to enhance the
development and performance of lawyers by addressing issues such as career
satisfaction and renewal, stress management, mental or emotional health,
substance abuse, and gambling addiction. Professional development courses do not
include individual or group therapy sessions.
U. "Restricted status"
means the status of a lawyer licensed in Minnesota who has voluntarily chosen
not to comply with the educational and reporting requirements of these Rules.
See Rule 12 for additional provisions.
V. "Submit" means to communicate information to
the Board office in writing or electronic submission:
1) through the Board's Online Attorney
and Sponsor Integrated System (OASIS);
2) by regular U.S. Mail; or
3) by
delivery.
Rule 3. State Board of Continuing Legal
Education
A. Membership of the Board. The
Court shall appoint twelve members and a Chairperson. The membership of the
Board shall consist of:
(1) 3 members of the public;
(2) 1 member who is a district court
judge;
(3) 6 lawyer members who are nominated by the Minnesota State Bar
Association; and
(4) 3 lawyer members who are nominated by the Court.
B. Terms of Members.
Appointments shall be for staggered 3-year terms, with no member serving more
than two 3-year terms, and each member serving until a successor is appointed
and qualifies.
C. Officers of the Board.
(1) Chairperson. The
Chairperson of the Board shall be appointed by the Court for such time as it
shall designate and shall serve at the pleasure of the Court.
(2) Vice Chairperson. A
Vice Chairperson shall be designated by the Chairperson and shall maintain the
minutes of meetings of the Board.
D. Authority of the Board.
Subject to the general direction of the Court in all matters, the Board shall
have supervisory authority over the administration of these Rules, shall approve
courses and programs which satisfy the educational requirements of these Rules,
and shall have authority with respect to the following:
(1) Waivers and Extensions.
Waivers of strict compliance with these Rules or extensions of time deadlines
provided in these Rules may be made in cases of hardship or other compelling
reasons.
(2) Supplemental Policies.
The Board may adopt policies and forms not inconsistent with these
Rules governing the conduct of business and performance of its duties.
E. Board Procedures. Robert's
Rules of Order shall govern the conduct of Board meetings where practicable.
F. Confidentiality. Unless
otherwise directed by the Court, the files, records, and proceedings of the
Board, as they may relate to or arise out of any failure of an active lawyer to
satisfy the continuing legal education requirements, shall be deemed
confidential and shall not be disclosed except in furtherance of the Board's
duties, or upon request of the lawyer affected, or as they may be introduced in
evidence or otherwise produced in proceedings in accordance with these Rules.
G. Persons with Disabilities.
It is the policy of the Board to administer these Rules in a manner consistent
with state and federal laws prohibiting discrimination against persons with
disabilities and to make reasonable modifications in any policies, practices,
and procedures that might otherwise deny equal access to individuals with
disabilities.
H. Payment of Expenses. The
Chairperson, the Vice Chairperson and other members of the Board shall serve
without compensation, but shall be paid reasonable and necessary expenses
certified to have been incurred in the performance of their duties.
Rule 4. Applying for
Credit
A. Course Approval and Fee
Information. No segment of any course shall be approved in more than
one credit category. In applying for course approval, a sponsoring agency
or lawyer shall submit to the Board an application for course approval (see
Appendix I) and include the following:
(1) Name and contact
information for the sponsor;
(2) Title of the program
under consideration;
(3) City and state where
the program is held;
(4) Names and credentials
of the speakers, including those of persons designated to act as moderators
for video or satellite programs;
(5) Type of presentation;
(6) Agenda or course
schedule showing beginning and ending times of each session and the date(s) on
which the program is presented;
(7) For each segment of the
course, credit may be requested in one of the following categories:
(a)
standard
(b) ethics and/or professional
responsibility
(c) elimination of bias
(d) law office
management
(e)
professional development.
(8) Fee in the amount of
$35. This fee may be subject to waiver under the provisions of Rule 3D(1). A
fee is not required when submitting an application for either of the following
types of courses meeting Rule 4 and Rule 5 requirements:
(a) a previously
approved course that has been recorded and is replayed at a later date in
its entirety; or
(b) a course 60 minutes
or less in duration.
(9) Expected audience or
target audience to which the program is marketed; and
(10) Such other
information as the Board may require.
B. Professional
Responsibility or Ethics: General Treatment. Every application for
course approval must include:
(1) A description of the
general treatment of professional responsibility or ethical considerations; or
(2) An explanation of why
professional responsibility or ethical considerations are not included.
C. Sanctions for
Failure to Include Ethics. If in the opinion of the Board, the general
treatment of professional responsibility or legal ethics topics within courses
approved as standard continuing legal education is inadequate without
satisfactory explanation, the Board may refuse to grant full credit for all
hours in attendance, impose a deduction from credit hours which would otherwise
be granted, and in the case of persistent refusal to cover these topics, refuse
to grant further credit for courses offered by the sponsor.
D. Law and
Literature. A "law and literature course" that otherwise meets the
course approval requirements set forth in Rule 5(A) will be approved for credit
if the application for course approval includes the following:
(1) A narrative describing
the course learning goals and discussion topics.
(2) Evidence that program
registrants are instructed to read the designated literary text prior to
attending the course.
No credit will be granted for the time that participants spend reading the
designated literary text prior to attending the course.
E. Notice of
Credit. The Board shall inform the sponsor or applicant of the number
and type of credit hours granted or denied. This information will also be posted
on the Board's website.
Rule 5. Standards for
Course Approval
A. General
Standards. A course must meet the following standards before approval
is granted.
(1) The course shall have
significant intellectual or practical content.
(2) The course shall deal
primarily with matter directly related to the practice of law, the
professional responsibility or ethical obligations of lawyers, the elimination
of bias in the legal profession and in the practice of law, law office
management, or the professional development of lawyers.
(3) The course shall be
taught by faculty members qualified by practical or academic experience to
teach the specified subject matter. Legal subjects shall be taught by lawyers.
(4) Any written materials
should be thorough, high quality, readable, carefully prepared, and
distributed to all participants at or before the time the course is offered.
(5) The course shall be
presented and attended in a suitable classroom or laboratory setting. Courses
presented via video recording, simultaneous broadcast, teleconference, or
audiotape may be approved provided that a faculty member or moderator is in
attendance at all presentations, either in person or through live
transmission, allowing all participants to hear and participate in the
question and answer session. Subject to the exception of paragraph (11) below,
no course will be approved which involves solely television or video viewing
in the home or office, or correspondence work or self-study, including online
self-study.
(6) Credit will not
normally be given for speeches at luncheons or banquets.
(7) A list of all
participants shall be maintained by the course sponsor and transmitted to the
Board upon request, following the presentation of the course.
(8) Credit shall be awarded
on the basis of one credit hour for each 60 minutes of instruction at an
approved course.
(9) A lawyer shall not
receive credit for any course attended before being admitted to practice law
in Minnesota, but one so admitted may receive credit of one hour for each 60
minutes actually spent in attendance, for attending for credit or as an
auditor, a regular course offered by a law school approved by the American Bar
Association.
(10) Notwithstanding the
provisions of paragraph (9) above, a person who takes approved courses or
teaches in an approved course after sitting for the Minnesota Bar Examination,
but before admission to practice, may claim credit for the courses taken or
the teaching done, if he or she passes that bar examination.
(11) Lawyers residing or
working outside of the State of Minnesota during the CLE reporting period who,
because of nonresidence are unable in good faith to attend courses approved as
"elimination of bias" as defined in these Rules, may receive up to 2 hours of
credit in fulfillment of the elimination of bias requirement by viewing a
video or webcast of a course or courses that otherwise meet the requirements
of these Rules. If a lawyer is a participant in an elimination of bias
course not previously approved for credit under these Rules, the lawyer may
seek approval by completing and submitting an application for course approval
as described in Rule 4A.
B. Standards for Course Approval for
In-House Courses.
(1) An in-house course as
defined in Rule 2L will be approved if:
(a) The requirements of
Rule 5A and other applicable Rules are met;
(b) 25% of the hours of
approved instruction are taught by instructors having no continuing
relationship or employment with the sponsoring firm, department, financial
institution or agency; and
(c) Notice of the
course is given to enough outside lawyers so that the audience can
potentially be composed of at least 25% participants who are not lawyers
working in or for the sponsoring firm, department, institution or
agency.
(2) An in-house course as
defined in Rule 2L that is presented and controlled by an established
continuing legal education course sponsor as defined in Rule 2J, may be
approved for credit, notwithstanding the fact that the course does not comply
with requirements of Rule 5B(1) (b) and (c) above.
(3) An in-house course as
defined in Rule 2L shall not be approved for credit if it is presented
primarily for clients or clients' counsel.
Rule 6. Special
Categories of Credit
A. Ethics and
Professional Responsibility. Courses or sessions within courses
approved as courses in ethics or professional responsibility:
(1) Must be at least 30
minutes in length; and
(2) Must be separately
identified as ethics or professional responsibility on the course agenda and
on the Course Approval Form at Appendix I.
B. Elimination of Bias
in the Legal Profession and in the Practice of Law. Courses or sessions
within courses approved as courses in the elimination of bias in the legal
profession and in the practice of law:
(1) Must be at least 60
minutes in length;
(2) Must be identified on
the application as fulfilling the elimination of bias requirement and be
accompanied by a narrative describing how the course or segments of the course
meet one or more of the learning goals as described in the Course Approval
Form at Appendix I;
(3) Must focus on issues in
the legal profession and in the practice of law and not issues of bias in
society in general; and
(4) Must not include
courses on the substantive law of illegal discrimination unless such courses
meet one or more of the learning goals for elimination of bias courses set
forth in the Course Approval Form at Appendix I.
C. Law Office
Management. A lawyer may receive credit for attendance at a course on
law office management, which includes the topics of mentoring, staff
development, and technology related to law office management, up to a maximum of
6 credit hours per reporting period. The course must be submitted for approval
pursuant to Rule 4. Law office management courses that specifically address
elimination of bias in the law office or in the practice of law may be approved
instead as courses in the elimination of bias and when so designated are not
subject to the 6-hour maximum on law office management courses.
D. Pro Bono Legal
Representation. A lawyer may claim 1 hour of standard CLE credit
for every 6 hours of pro bono legal representation that the lawyer provides
to a pro bono client in a legal matter that has been referred to the lawyer by
an approved legal services provider or by a Minnesota Judicial Branch
program. No more than 6 hours of credit may be claimed per reporting
period by a lawyer for pro bono legal representation. In order to receive
CLE credit the lawyer must submit an Affidavit of Pro Bono Representation to the
Board (see Appendix II).
Rule 7. Other
Credit
A. Teaching
Credit. Credit for teaching in an approved course shall be awarded to
presenting faculty on the basis of one credit for each 60 minutes spent by the
faculty preparing the presentation and materials for the course and teaching the
course. No credit shall be awarded for teaching directed primarily to persons
preparing for admission to practice law. A lawyer seeking credit for teaching
and preparation for teaching shall submit to the Board all information called
for on the Affidavit of CLE Compliance at Appendix III.
B. Courses at
Universities. Courses that are part of a regular curriculum at a
college or university, other than a law school, may be approved for a maximum of
15 hours per course when the lawyer requesting approval submits evidence
supporting the conclusion that the course meets the Rule 5A(1) through (5)
criteria and that it is directly related to the requesting lawyer's practice of
law. Teaching credit shall not be awarded for courses approved under this
paragraph.
C. Retroactive
Credit. A lawyer, or a course sponsor, may seek retroactive approval of
courses by submitting the necessary information and fees required in Rule
4A. (See Course Approval Form at Appendix I.)
Rule 8. Announcement of
Approval
Any person may announce, as to an approved course: This course has been
approved by the Minnesota State Board of Continuing Legal Education for ______
hours in the following category or categories of credit:
(a) standard continuing legal
education;
(b) ethics or
professional responsibility continuing legal education;
(c) elimination of bias continuing legal
education; or
(d) law office
management continuing legal education.
Rule 9. Affidavit of CLE
Compliance
A. Contents of
Affidavit. To maintain active status, a lawyer shall report attendance
or participation in no fewer than 45 credit hours of approved continuing legal
education courses. A lawyer may report the credits through the Board's
Online Attorney and Sponsor Integrated System (OASIS) or by Affidavit of CLE
Compliance (Appendix III). Effective July 1, 2010, the Affidavit of CLE
Compliance (Appendix III) must be accompanied by a $10 processing fee.
There is no processing fee for submission through OASIS.
B. Special Categories of
Credit. Lawyers must report:
(1) no fewer than 3 hours of approved
courses in ethics or professional responsiblity;
(2) no fewer than 2 hours of approved courses in the
elimination of bias in the legal profession and in the practice of law;
(3) no more than 6 hours of approved courses in
law office management; and
(4) no more than
6 hours of credit for pro bono legal representation provided pursuant to Rule
6D and reported by Appendix II.
C. Timely Affidavit. The
affidavit must be received by the Board office or postmarked no later than
August 31 following the close of the final year of the 3-year period specified
by the Lawyer Registration Office as a the lawyer's continuing legal
education category. Electronic affidavits must be submitted on or before
August 31.
D. Late Affidavit
Fee. A lawyer who submits an Affidavit of CLE Compliance after the
deadline specified in paragraph C above, but before issuance of a notice of
noncompliance, shall submit along with the late affidavit a late filing fee in
the amount of $75.00. This fee is payable notwithstanding the Board's grant of
an extension of time. Additional late fees will not be charged for late
affidavits filed within a single reporting period.
E. Notice of
Noncompliance Fee. A lawyer who submits an Affidavit of CLE Compliance
after the Board has issued of a notice of noncompliance, but before the Court
has issued an order placing the lawyer on involuntary restricted status,
shall submit along with the affidavit a notice of noncompliance fee in the
amount of $200.
F. Active Duty Military
Service. A lawyer called to active duty military service who requests
an extension of time to complete CLE requirements because of active duty
military service shall be granted an extension of at least six months from the
date of the return from active duty status. Upon request, the Board shall
grant a waiver of a late filing fee or a notice of noncompliance fee assessed as
a result of the lawyer's active duty military status.
Rule 10. Director's
Determinations and Board Review
A. Director's
Determinations. The Director has the following authority and
responsibility:
(1) To respond in writing
to written requests for course approvals, giving reasons for the
determination;
(2) To grant credit to
lawyers for attending or teaching approved courses;
(3) To grant or deny
requests for transfer, waiver, extension of time deadlines or interpretation
of these Rules; and
(4) To inform the Board
about determinations made since the Board's last meeting, together with
observations and comments relating to matters under the Board's jurisdiction.
B. Board
Review. A lawyer or sponsoring agency affected by an adverse
determination of the Director may request Board review of the determination and
may present information to the Board in writing and in person. The Board may
take such action as it deems appropriate and shall advise the lawyer or
sponsoring agency of its determination.
Rule 11. Notice of
Noncompliance
A. Notice
Required. The Director shall send a notice of noncompliance to any
lawyer who:
(1) Fails to meet the
requirements of these Rules; and
(2) Fails to request and
obtain an extension of time in which to file an Affidavit of CLE Compliance as
required by these Rules.
B. Service of
Notice. The notice shall be sent by regular mail to the
lawyer's address of record with the Lawyer Registration Office.
C. Contents of
Notice. The notice shall state the nature of the noncompliance and
shall inform the lawyer of the right to request a hearing within 30 days of the
mailing of the notice, the right to be represented by counsel, and the right to
present witnesses and evidence.
D. Effect of Notice. If no
hearing is requested, the Director's determination of noncompliance shall become
final and shall be reported to the Court with the recommendation that the lawyer
be placed on involuntary restricted status.
E. Board
Hearing. If a hearing is requested, the following apply:
(1) The Board may employ
special counsel;
(2) The Chairperson shall
preside at the hearing, which may be held before the entire Board or a
committee appointed by the Chairperson, and shall make necessary rulings; and
(3) The hearing shall be
recorded and a transcript shall be provided to the lawyer at a reasonable
cost.
F. Decision.
Following the hearing, the Board shall issue a written decision. If the lawyer
is determined to be in noncompliance with these Rules, the Board may recommend
to the Court that the lawyer be placed on involuntary restricted status or take
other appropriate action.
G. Petition for
Review. A lawyer who is adversely affected by the decision of the Board
may appeal to the Court by filing a petition for review with the Clerk of
Appellate Courts within 20 days of receipt by the lawyer of the decision
together with proof of service of the petition on the Director. The petition
shall state briefly the facts that form the basis for the petition and the
lawyer's reasons for believing the Court should review the decision. Within 20
days of service of the petition, the Board shall serve and file a response to
the petition and a copy of the final decision of the Board. Thereupon, the Court
shall give such direction, hold such hearings and issue such orders as it may in
its discretion deem appropriate.
Rule 12. Restricted and
Involuntary Restricted Status
A. Election of
Restricted Status. A lawyer duly admitted to practice in this state may
elect restricted status as defined in Rule 2U by sending written notice of such
election to the Director, except that a referee or judicial officer of any court
of record of the State of Minnesota or lawyer employed and serving as attorney
or legal counsel for any employer, including any governmental unit of the State
of Minnesota, is not eligible to apply for restricted status. A lawyer on
restricted status shall not be required to satisfy the educational and reporting
requirements of these Rules.
B. Restrictions Imposed. A
lawyer on restricted or involuntary restricted status shall be subject to the
following provisions and restrictions:
(1) The lawyer may not
engage in the practice of law or represent any person or entity in any legal
matter or proceedings within the State of Minnesota other than himself or
herself.
(2) The name of the
lawyer may not appear on law firm letterhead without a qualification that the
lawyer's Minnesota license is restricted. A law firm name may continue to
include the lawyer's name if the name was included prior to the lawyer's
placement on restricted or involuntary restricted status. The lawyer may not
be listed "of counsel" or otherwise be represented to clients or others as
being able to undertake legal business.
(3) The lawyer may not
have a financial interest in a law firm that is a professional corporation.
C. Transfer from
Restricted Status to Active Status.
(1) Notice to
Director and Fee. Unless otherwise ordered by the Court, a lawyer on
restricted status who desires to resume active status shall notify the
Director in writing of the lawyer's intention to resume active status and
submit a transfer fee of $125.
(2) Transfer
Requirements. A lawyer on restricted status shall be transferred to
active status upon the Director's determination that the lawyer has fulfilled
the requirements of (a) or (b) below:
(a) Automatic
transfer requirements. The lawyer has completed the number of CLE
hours that the lawyer would have had to complete to meet reporting
requirements and to be current on a proportional basis had the lawyer not
been on restricted status, or
(b)
Discretionary transfer requirements. The lawyer has
completed such lesser requirements as the Director determines are adequate
provided that the number of hours completed total no fewer than 45 hours
during the 3 years immediately preceding transfer. The Director will specify
no more than 90 hours. Determinations will be made subject to the criteria
set forth in paragraph (c) below. The Director shall report to the
Board at its next meeting the terms and conditions upon which each transfer
to active status was made.
(c)
Discretionary Transfer Criteria. The Director may transfer
a lawyer to active status when the lawyer has fulfilled appropriate CLE
conditions precedent or agreed to fulfill appropriate CLE conditions
subsequent as determined by the Director. In making discretionary transfer
decisions, the Director will take the following into consideration:
i. The number of
CLE hours the lawyer has taken in the past;
ii. The lawyer's
other educational activity;
iii. The
lawyer's practice of law in another jurisdiction;
iv. The lawyer's
law-related work other than the practice of law;
v. Whether the
lawyer acted reasonably in not anticipating the need to take the
appropriate number of CLE hours before being transferred from active
status; and
vi. Whether the
lawyer has demonstrated circumstances of hardship or other compelling
reasons that show that the lawyer should be transferred to active status
before completing the appropriate number of CLE hours.
(3) Failure to
Abide by Transfer Conditions. A lawyer who fails to comply with the
conditions of transfer shall be restored to restricted status upon notice from
the Director sent by regular mail to the lawyer's last known address.
(4) Appeal to the
Board. Upon written request from a lawyer, the Board shall review the
Director's determination of transfer requirements and notify the lawyer in
writing regarding the outcome of that review.
D. Transfer from
Involuntary Restricted Status to Active Status.
(1) Notice to
Director and Fee. Unless otherwise ordered by the Court, a lawyer on
involuntary restricted status who desires to resume active status shall notify
the Director in writing of the lawyer's intention to resume active status and
submit a transfer fee of $250.
(2) Transfer
Requirements. Unless otherwise ordered by the Court, the Director
shall recommend to the Court that a lawyer on involuntary restricted status be
transferred to active status upon the Director's determination that the lawyer
has completed the number of CLE hours that the lawyer would have had to
complete to meet reporting requirements and to be current on a proportional
basis had the lawyer not been placed on involuntary restricted status, or that
the lawyer has completed such lesser requirements as the Director determines
are adequate provided that the number of hours completed total no fewer than
45 hours during the 3 years immediately preceding transfer. The Director will
specify no more than 90 hours. The Director may recommend to the Court that a
lawyer on involuntary restricted status be transferred to active status when
the lawyer has fulfilled appropriate CLE conditions precedent or agreed to
fulfill appropriate CLE conditions subsequent as determined by the Director.
In making such a recommendation, the Director will take into consideration the
discretionary transfer criteria in section (C)(2)(c) of this Rule.
(3) Appeal to the
Board. Upon written request from a lawyer, the Board shall review the
Director's determination of transfer requirements and notify the lawyer in
writing regarding the outcome of that review.
E. Transfer from Involuntary
Restricted Status to Voluntary Restricted Status. Unless otherwise
ordered by the Court, a lawyer on involuntary restricted status who desires to
transfer to restricted status shall notify the Director in writing and submit a
transfer fee in the amount of $250.
Rule 13. Retired
Status
A. Transfer from Active Status to
Retired Status. A lawyer who files a Retirement Affidavit with
the Lawyer Registration Office and who is placed on inactive status by the
Lawyer Registration Office shall be transferred to voluntary restricted status
by the CLE Board.
B. Transfer from Retired Status to
Active Status. In addition to notifying the Lawyer Registration
Office of the lawyer's intention to transfer to active status, a lawyer must
satisfy the provision of Rule 12C before the Board returns the lawyer to
active CLE status.
Please click here for
Appendices.