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MANDATORY CONTINUING
LEGAL EDUCATION
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General Information:
The State Bar of Arizona
does not pre-approve or pre-certify the programs that our attorneys
attend.
For a program to qualify
for CLE credit, it must meet the following general guidelines.
- The program must be on topics directly related to the practice
of law
- The program must have attorneys as the primary audience
- The participants must be given written materials and a certificate
of attendance that they will keep in the event of an audit
- The program must be an organized program of learning that follows
an agenda or outline
- There must be at least five attorneys present
For more specific
information about Arizona's standards for CLE programs, please read
Regulation 101(G) and Regulation
104.
Arizona is a 60-minute
CLE hour state, and we do not include the time devoted to things
like introductory remarks, breaks and luncheons.
Promotional Materials:
The State Bar of Arizona
requests that in the advertisement of your CLE activities, the following
language be used:
"The State
Bar of Arizona does not approve or accredit CLE activities for
the Mandatory Continuing Legal Education requirement. This activity
may qualify for up to _____ hours toward your annual CLE requirement
for the State Bar of Arizona, including _____ hour(s) of professional
responsibility."
CLE for Certified
Specialists:
The Arizona Board of Legal
Specialization (BLS) certifies attorneys as specialists in eight
areas: Bankruptcy, Criminal, Estate and Trust Law, Family Law, Injury
and Wrongful Death Litigation, Real Estate, Taxation, and Workers'
Compensation. Certified specialists must attend at least 12 hours
annually of advanced level programming, within their particular
field , plus three hours of ethics. We base credit-hour
calculations on a 60-minute hour of instruction, omitting breaks
and introductory remarks that do not substantively relate to the
topic of the activity.
If you will be offering
CLE for specialization credit, we ask that you use the following
language:
"The State Bar of Arizona
does not approve or accredit CLE activities for the Board of Legal
Specialization CLE requirement. This activity may qualify for
up to _____ hours toward your annual CLE requirement for the State
of Arizona, including _____ hour(s) of professional responsibility
and including _____ hours of advanced level training in the area
of __________." (Insert applicable area: Bankruptcy, Criminal
Law, Estate and Trust Law, Family Law, Personal Injury and Wrongful
Death Law, Real Estate Law, Tax Law, and Workers' Compensation.)
Rules Of The
Supreme Court Of Arizona
RULE 45. Mandatory
Continuing Legal Education
Changes, additions,
and deletions to the Rules are effective June 1, 2001
Changes, additions, and deletions to the Regulations
are effective July 1, 2002
Revised 7/1/02
- Continuing legal education requirements.
- Every active member of the bar, not exempted, shall
complete a minimum of fifteen hours in each educational year.
An educational year shall begin on July 1 and end on the following
June 30.
- A minimum of three hours of continuing legal education
activity each educational year shall be in the area of professional
responsibility. Professional responsibility includes instruction
in legal and judicial ethics, professionalism, and malpractice
prevention, and may include such topics as substance abuse,
including causes, prevention, detection and treatment alternatives,
attorneys' fees, client development, law office economics
and practice, alternatives to litigation for managing conflict
and resolving disputes, stress management, and the particular
responsibilities of public lawyers, judges, and in-house counsel,
to the extent that professional responsibility is directly
addressed in connection with these topics.
-
Except
as otherwise provided in this rule, every active member
of the bar, not exempted, shall, between July 1, 1999 and
June 30, 2004, satisfy the requirements of subsection (a)(2)
of this rule, in whole or in part, for any educational year
or succeeding year falling within that period, by completing
the state bar course on professionalism, or an equivalent
course on the principles of professionalism approved or
licensed by the Board of Governors of the State Bar of Arizona
for this purpose.
- The requirements of this subsection shall be considered
to have been fulfilled (i) by all members of the bar who
have previously completed, or who do complete, such a
course in satisfaction of the requirements of Rule 34(e)
of these rules, (ii) by all foreign legal consultants
who have previously completed, or who do complete, such
a course in satisfaction of the requirements of Rule 33(f)(9)
of these Rules, or (iii) by all members of the bar who
have previously completed a course on the principles of
professionalism approved by the Board of Governors of
the State Bar of Arizona as satisfying the requirements
of this subsection.
- Active members of the bar who neither reside nor practice
law in Arizona shall be exempt from completing such a
course, except that any such member shall complete one
within twelve (12) months of becoming a resident of or
commencing the practice of law in Arizona, or in accordance
with such other schedule as may be established by the
Board of Governors.
- The Board of Governors may, in its discretion, establish
a schedule of dates earlier than June 30, 2004, by which
designated categories of active members of the bar shall
satisfy the requirements of this subsection.
Court Comment
The Court recognizes
that as a practical matter, in order to insure sufficient offering
of a professionalism course to permit members of the bar to
satisfy new Rule 45(a)(3) within the time frame specified, the
State Bar of Arizona must approve or license others to present
courses on the principles of professionalism, but has been assured
by the State Bar that such approval will only be granted to
courses that adhere to the curriculum of the Professionalism
Course presented by the State Bar itself. The quality of the
faculty teaching any CLE course, and particularly a course on
professionalism, is an essential ingredient in the course's
success.
The permission granted to specialty sections of the Bar and
other similar organizations to offer courses on professionalism
that allow their members to satisfy the requirements of new
subsection (a)(3) should not contribute to the "balkanization"
of members of the profession along special interest lines. Sections
and organizations which seek approval for such alternative professionalism
course offerings shall permit non-members of such sections and
organizations to participate in the course, either as faculty
members or attendees, and shall adhere to the prescribed curriculum.
- Exemptions
- Inactive Member. . An inactive member of the bar
shall be exempt from the requirements of section (a), if the
lawyer is inactive during the entire educational year. An
active member who transfers to inactive status is exempt during
the educational year in which the transfer occurs. An inactive
member who transfers to active status shall comply with the
educational requirements of section (a) in effect for the
educational year in which he or she transfers to active status.
- Judges and Court Personnel. Court administrators,
court clerks, and other court personnel who are active members
and who are also subject to the educational requirements of
the Council on Judicial Education and Training (COJET), will
be deemed to have complied with the requirements of section
(a) upon the filing of an affidavit of compliance as required
in section (c). Retired judges subject to assignment to judicial
service pursuant to A.R.S. Sec 38-813 who do not maintain
an office separate from their residence, and no substantial
part of whose activities consists of the active representation
of clients outside the judge's family, will be deemed to have
complied with the requirements of section (a) upon the filing
of an affidavit of compliance with the educational requirements
of COJET.
- Active Members at Least 70 Years Old . An active
member who is at least 70 years old or who will have been
a member for at least 45 years prior to June 30 shall be exempt
from the requirements of section (a) for the educational year
in question.
- New Admittees. A lawyer newly admitted between January
1 and June 30 need not comply with the requirements of section
(a) for that educational year. A lawyer newly admitted between
July 1 and December 31 shall comply with the requirements
of section (a) for that educational year by completing two-thirds
of the requirement.
- An active member of the bar, who resides in another
MCLE jurisdiction and who is subject to and complying with
the MCLE requirements for that jurisdiction, shall be exempted
from the requirements of section (a) for the educational year
in question. However, any member exempted under this section
must satisfy the requirements of section (c).
- Other Exemptions. . Upon application and showing
of undue hardship, the MCLE Committee may exempt an active
member from the requirements of section (a) or extend the
deadline for compliance for a period of not more than one
year. Any consideration for additional time past one year
based on a continuing hardship would require a new application.
- Affidavit of Compliance.
On or before September 15 of each calendar year, every member
who was active during the educational year, and not otherwise
exempted shall file with the board a completed affidavit of compliance
demonstrating full compliance with this rule. As an alternative
to filing a written certificate, the board may allow certification
to be filed electronically in a method and form as approved by
the board. The affidavit will be considered timely received if
the envelope in which it is mailed is postmarked on or before
September 15, or if the affidavit is date-stamped received by
State Bar personnel on or before the close of business September
15.
- Delinquent Compliance Fee and Delinquent Affidavit Filing
Fee
- Delinquent Compliance Fee.
A member who was active during the educational year and not
otherwise exempted and who fails to complete the requirements
of section (a) by the end of the educational year shall be
deemed delinquent Failure to obtain the required 15 hours
of continuing legal education credit by the June 30 deadline
will result in the following delinquency fees:
- if CLE requirements are completed between July 1 and
July 31, a delinquent compliance fee of $25 is assessed.
- if CLE requirements are completed between August 1
and August 31, a delinquent compliance fee of $50 is assessed.
- if CLE requirements are completed between September
1 and September 15, a delinquent compliance fee of $100
is assessed.
- if CLE requirements are completed after September 15,
a delinquent compliance fee of $125 is assessed. Such
fees shall be in addition to any fee for delinquent filing
of the affidavit required by section (c) as set for below
in subsection 2. Failure to complete the requirements
of section (a) by September 15 may result in a motion
for summary suspension pursuant to section (h) of this
rule.
- Delinquent Affidavit Filing Fee.
An affidavit not filed when due under section (b)5 or (c)
shall be deemed delinquent. A member who was active during
the educational year and not otherwise exempted, shall be
subject to the following delinquent filing fees:
- Members who file their affidavits between September
16 and October 15 will be assessed a delinquent filing
fee of $100.
- Members who file their affidavits between October 16
and November 15 will be assessed a delinquent filing fee
of $125.
- Members who file their affidavits after November 16
will be assessed a delinquent filing fee of $150. Failure
to file the affidavit by December 15 may result in a motion
for summary suspension pursuant to section (h) of this
rule.
- Records.
Every active member, not exempted, shall maintain records (as
defined in Regulation 101(I)) evidencing participation in continuing
legal education for each educational year. The lawyer shall preserve
these records for two years after the filing of the affidavit.
- Audits of Compliance.
Each year the board shall randomly select a designated number
of active members, except those exempt under section (b)(2) of
this rule, to audit for compliance with this rule.
Comment:
Rule 45(a) requires every nonexempt "active member" to participate
in mandatory continuing legal education. An active member is
defined by Rule 31(c)(2), rules of the Supreme Court, as persons
licensed to practice law "except for persons who are inactive,
suspended, or judicial members." Full time appellate court judges,
superior court judges, and judges of courts of limited jurisdiction
are judicial members under Rule 31(c)(5). As such, they are
not "active members" of the state bar and are, therefore, not
subject to the requirements of Rule 45. Instead, the Council
on Judicial Education and Training (COJET) is the regulatory
body responsible for implementing and ensuring compliance with
the educational requirements of judicial members. Likewise, although
active members subject to COJET must file an affidavit of compliance
with the state bar pursuant to section (b)(2) of this rule,
once the state bar has determined that such active members are
exempt under section (b)(2), its jurisdiction ends and COJET
is responsible for enforcing educational compliance through
audits or other methods.
- Regulation Authority.
The administration of the continuing legal education requirements
and the audits of compliance as provided by this rule shall be
in accordance with regulations established by the board.
- Summary Suspension.
Upon motion of the state bar pursuant to rule 52(d), any member
who fails to comply with this rule for any educational year in
which he or she was an active member and not otherwise exempted
may be summarily suspended by order of the board, provided that
a notice by certified mail, return receipt, of such noncompliance
shall have been sent to the member, mailed to his or her last
address of record in the State Bar office, at least thirty days
prior to such suspension, but may be reinstated upon completion
of the continuing legal education requirements for the educational
year in question with submission of proof of cure, payment of
a reinstatement fee of $100.00, all delinquency fees pursuant
to section (d) of this rule and in accordance with rule 71(b).
- [deleted]
- Confidentiality of Records.
Unless otherwise directed by the board, the file, records, and
proceedings, as they relate to or arise out of any failure of
any active member to satisfy the requirements of the rule, shall
be deemed confidential to the same extent as bar disciplinary
proceedings and shall not be disclosed except in furtherance of
the duties of the board or upon the request of the active member
affected or as they may be introduced in evidence or otherwise
produced in proceedings under the rule.
- Immunity from Civil Suit.
Communications to the court, state bar, or committee thereof relating
to compliance with this rule and testimony given in compliance
proceedings shall be absolutely privileged conduct, and no civil
action predicated thereon may be instituted against any witness.
Members of the board, MCLE Committee, and staff shall be immune
from suit for any conduct in the course of their official duties
to the extent permitted by law.
STATE BAR OF ARIZONA REGULATIONS FOR MANDATORY
CONTINUING LEGAL EDUCATION
PURPOSE
The Supreme Court of Arizona has, by rule of court, established
a mandatory continuing legal education program which requires each
active member of the State Bar of Arizona to complete a minimum
of fifteen hours in each educational year (July 1 through the following
June 30), unless exempted from such requirement.
The Supreme Court of Arizona has delegated to the Board of Governors
of the State Bar of Arizona the responsibility to administer the
program and has given the Board general administrative and supervisory
powers necessary to effectuate the purposes of Rule 45, including
the power to adopt reasonable and necessary regulations consistent
with the Rule.
Pursuant to this authority, these regulations have been adopted
by the Board of Governors of the State Bar of Arizona.
REGULATION 101.
DEFINITIONS
A. “Active member” means any person defined as such
by Rule 31(c)(2) of the Rules of the Supreme Court of Arizona.
B. “Affidavit” means the document to be filed with the
Committee by each Active member affirming the Active member's compliance
with the MCLE requirements.
C. “Board” means Board of Governors of the State Bar
of Arizona.
D. “CLE” means continuing legal education.
E. “CLE Activities” means activities meeting the standards
of Regulation 104 engaged in to satisfy the annual CLE requirement
and includes Interactive CLE, Self-study, teaching, writing, Bar
review/refresher courses and other educational activities.
F. “Committee” means the MCLE Committee appointed and
serving pursuant to these regulations
G. “Interactive CLE” means (i)
attendance at a CLE program administered by live faculty; (ii) attendance
at a CLE program sponsored by a single private law firm, a single
corporate law department, or a single department or office of a
federal, state, or local government entity, attended by no fewer
than five attorneys, including the instructor, who are active bar
members in any jurisdiction; and (iii) a computer-based or on-line
CLE program where the order of presentation or the content of the
course material is dependent on the member’s response and
the member has an opportunity to respond to prompts initiated by
the faculty or placed within the course material.
H. “MCLE” means the Mandatory Continuing Legal Education
program, as enacted.
I. “Proof of Cure” means the submission of records evidencing
compliance with Rule 45.
J. “Records” means course outlines, written materials,
verification of attendance, and other evidence of a CLE program
identifying the course, sponsor, and date and place of presentation
and/or publication.
K. “Rule” means Rule 45 of the Rules of the Supreme
Court of Arizona.
L .“Self-study” means any course of legal study meeting
the standards of Regulation 104 undertaken by an Active member for
the member's own benefit, and may include listening to audio reproductions
or viewing video reproductions of course materials, but does not
include reading. “Self-study” includes a computer-based
or on-line CLE program where the member does not have the opportunity
to respond to prompts initiated by the faculty or placed within
the course material. “Self-study” also includes service
on a legislative committee by a state or federal elected legislative
member. Such service qualifies a member as a "lawyer/legislator"
for the purposes of the Rule and these regulations.
M. “Year” means the educational year from July 1 to
June 30.
REGULATION 102.
MANDATORY CONTINUING LEGAL EDUCATION COMMITTEE
MCLE shall be administered by a Mandatory Continuing Legal Education
Committee.
A. Composition.
The Committee shall consist of nine Active members who shall be
appointed by the Board. Three members shall be residents of Maricopa
County, two of Pima County, and four of a county or counties other
than Maricopa and Pima Counties. The State Bar of Arizona MCLE Director
shall be an ex-officio member.
B. Designation.
Term of Office. The Board shall designate a chairperson from the
members of the Committee, who shall serve in that position at the
pleasure of the Board. Of the members first appointed, three shall
be appointed for three years, four for four years, and two for five
years. Thereafter, appointments shall be for three-year terms, except
that a member shall continue to serve until a successor is duly
appointed.
C. Vacancies.
Appointments to fill a vacancy shall be for the unexpired portion
of the term and be filled in the same manner as the original appointment.
D. Alternate Members
If it appears that a significant number of members who may properly
render a decision may not be present at a meeting, or may not be
able to act in a particular case, the Board or the President of
the State Bar may appoint, for that meeting, or for that case only,
the number of ad hoc members necessary to restore the Committee
to full membership.
E. Quorum.
Five members shall constitute a quorum. A majority of the members
present at a duly constituted meeting may exercise any powers held
by the Committee.
REGULATION 103.
POWERS AND DUTIES OF THE COMMITTEE
A. General Authority
The Committee shall have general supervisory authority to administer
the Rule, and to establish any subcommittees deemed advisable.
B. Specific Duties
The Committee shall have the following specific duties and responsibilities:
1. To distribute information regarding the requirements of these
regulations.
2. To determine the number of credit hours allowed for each CLE
Activity.
3. To designate the number of credit hours which may be earned by
various forms of participation in CLE Activities, including but
not limited to attending, teaching, and writing, subject to Board
approval.
4. To determine the topics eligible for CLE credit, specifically
including matters directly related to the practice of law, professional
responsibility, and ethical obligations of lawyers.
5. To audit Affidavits to determine compliance with the Rule.
6. To conduct hearings on compliance.
7. To adopt rules of procedure consistent with these regulations,
subject to Board approval.
8. To report at least annually to the Board the activities and recommendations
of the Committee and its effectiveness in the enforcement of these
regulations.
REGULATION
104. STANDARDS AND CALCULATION OF HOURS
A. Standards.
CLE Activities that are claimed toward the annual requirement shall
meet the following standards:
1. Significant Content. The activities shall have significant intellectual
or practical content, have attorneys as the primary audience, and
have as the primary objective the increase of the participant's
professional competence as a lawyer.
2. Organized Program. The activities shall constitute an organized
program of learning, deal with matters directly related to the practice
of law, professional responsibility, professionalism, or ethical
obligations of lawyers, and follow the agenda defined by the written
materials or exercises distributed as part of the activities.
3. Appropriate Setting. The activities shall be conducted in a setting
physically suitable to the educational activity of the program.
B. Calculation of Credit Hours.
1. Carry-forward hours. Hours of types listed in sections (B)(2)
through (B)(6), and where allowed pursuant to section (B)(8), in
excess of that required for the current Year, may be applied to
the succeeding Year only. Carry-forward hours are limited to the
total required for the succeeding Year, and do not change their
classification by virtue of being carried forward. All other requirements
of the succeeding Year, such as the number of professional responsibility
credits hours required or the limitation of Self-study credit hours,
must be met.
2. Interactive CLE Hours
a Calculation of credit hours for Interactive CLE shall be determined
by dividing the total minutes of instruction or participation by
sixty, and rounding down to the nearest quarter hour. Breaks shall
not be included in calculating the credit hours.
b. Written materials or exercises must be in the possession of the
person of the Active member participating in the Interactive CLE.
The Active member claiming Interactive CLE credit must have future
access to the written materials or exercises (such as in a personal,
firm or public library).
3. Teaching Hours. Credit may be earned for teaching at a CLE Activity,
teaching at an American Bar Association accredited law school, or
teaching a law course at any accredited Arizona university or any
Arizona community college, or any ABA approved paralegal school
or institute, whether the teaching is computer-based, on-line or
in a classroom.
a. Speakers whose presentations are accompanied by original written
materials prepared, augmented, or updated by the speaker may earn
teaching credit, as follows:
For the original presentation: First hour of presentation x 6 =
total credit hours
Additional hours of presentation x 2 = total credit hours
Repeat live presentations hours x 1 = total credit hours
b. Speakers, including college of trial advocacy educators, whose
presentations are not accompanied by original written materials
prepared, augmented, or updated by the speaker may earn teaching
credit as follows:
Each hour of presentation x 1 = total credit hours
c. Credit hours earned through teaching may be reported to satisfy
a maximum of 10 credit hours each Year.
4. Writing Hours. Credit may be earned for writing legal material
not used in conjunction with a CLE program. Such material must address
an attorney audience, be at least 3,000 words in length, and be
published by a recognized third-party publisher of legal material
or a sponsor.
a. For each 3,000 words of original material written, the author(s)
may earn 2 credit hours. Multiple authors may share credit for material
written.
b. Credit hours earned through writing may be reported to satisfy
a maximum of 10 credit hours each Year.
5. Self-study Hours. Credit may be earned for participation in activities
defined as Self-study in regulation 101(K).
a. Credit hours earned by Self-study of CLE program materials shall
be equal to the hours of presentation of the seminar on which the
materials are based, or the actual time spent in Self-study, whichever
is less.
b. An Active member may not receive credit for both attendance at
a CLE program and Self-study of course materials from that program.
c. Credit hours earned through Self-study may be reported to satisfy
a maximum of 5 credit hours each Year. This maximum does not apply
to lawyers who are legislators.
d. Written material must be in the possession of the Active member
viewing the video reproduction or listening to the audio reproduction
of a live CLE program at the time of such viewing/listening. The
Active member claiming Self-study credit must have future access
to the written material (such as in a personal, firm or public library).
e. Verification of Self-study would include the purchase or rental
agreement, if applicable, notes made while viewing/listening, and
file notes establishing the date of Self-study, name of program,
and sponsor of the program.
6. Law School Courses. Active members may earn CLE credit by taking
law school courses taught within the curriculum of an American Bar
Association-accredited law school. Success on an examination is
not required for credit, and the course may be taken on an audit
basis.
a. For each fifty minutes of instruction, one-half hour of CLE credit
may be earned.
b. Credit hours earned through law school courses may be reported
to satisfy a maximum of 10 credit hours each Year. No credit will
be given for law school courses attended prior to becoming an Active
member.
7. Bar Review/Refresher Course. Active members attending courses
designed to review or refresh recent law school graduates or other
attorneys in preparation for any bar examination may earn CLE credit
for such courses. Credit hours earned through bar review/refresher
courses may be reported to satisfy a maximum of 5 credit hours each
Year.
8. Other Educational Activities. Active members participating in
educational activities not defined by the above categories may petition
the Committee for review of those activities, and assignment of
method of calculating credit hours. Such activities may include,
but are not limited to, mentoring and consultation activities.
REGULATION 105.
AUDITS
A. Audits of Compliance.
Under the direction of the Board, the Committee shall each year
randomly select a designated number of Affidavits to audit for compliance.
Initial notification of audit will be completed no later than the
March 15 following submission of the Affidavit. Each Active member
whose Affidavit is selected shall supply such Records supporting
the Affidavit to the Committee as requested.
B. Failure to
Provide
Records. If the Active member fails to provide the Records within
thirty days after the Committee mails its request, the Committee
may take appropriate action, which may include forwarding such Active
member's name to the Board for recommendation of suspension.
C. Disallowance of Credit Hours
If, as a result of an audit of the Affidavit or Records, the Committee
disallows some or all of the credit hours for failure to conform
to the standards set forth in Regulation 104, and the remaining
hours are less than the number required, the Active member will
be deemed not to have completed the MCLE requirements. The Active
member shall have three months from the mailing date of notification
of disallowance to complete the MCLE requirements for such past
reporting, and upon such completion shall send the Committee an
affidavit showing how the disallowance has been cured. The Active
member will be subject to the delinquent compliance and/or delinquent
filing fees as provided in Rule 45(d). If the Committee receives
no affidavit of cure within one hundred days of the mailing date
of notification of disallowance, it will notify the Active member
of the Active member's right to petition for a hearing. No CLE Activity
designated to satisfy disallowed credit hours may be used to satisfy
current MCLE requirements.
D. Hearing on
Failure to Cure.
1. If a hearing is requested, it shall be held within thirty days
by the Committee. Notice of time and place of the hearing shall
be given ten days in advance. The petitioner may be represented
by counsel. Witnesses shall be sworn and, if requested by the petitioner
or the Committee, a complete electronic record of a transcript shall
be made of all proceedings and testimony with the expense, if any,
being borne by the requesting party. The Committee Chair shall have
the authority to rule on all motions, objections, and other matters
presented in connection with the hearing.
The Committee shall, in every case, file with the Board a report
containing its findings of fact and a determination whether the
petitioner has complied with the Rule, and upon a finding of failure
to cure, a determination whether there was reasonable cause for
failure to cure. The report shall be filed, and a copy served upon
the petitioner within thirty days after conclusion of the hearing.
The findings and determinations in the report shall be final, unless
within ten days from the date of service the petitioner files a
written objection with the Board.
2. If the Committee determines
that there was reasonable cause for failure to cure, the petitioner
shall be allowed fifteen days to file a specific plan for correcting
the failure to cure within the next sixty days following submission
of the plan. The plan shall be deemed accepted by the Committee
unless within fifteen days after receipt, the Committee notifies
the petitioner. Completion of the plan shall be reported by affidavit
to the Committee not later than fifteen days following the sixty-day
period. If the petitioner fails to complete and certify completion
within the sixty-day period, the Committee shall proceed as though
there was not reasonable cause for failure to cure.
3. If a request for hearing is not received within fifteen days,
the Committee may take appropriate action, which may include forwarding
such Active member's name to the Board for recommendation of suspension.
E. Appeal to Board.
Any objection from a Committee report shall be considered by the
Board at its next regular meeting (unless the meeting takes place
less than five days following perfection of the objection, in which
event it shall be the second meeting following thereafter). To perfect
such objection, the Active member shall file a statement on review
within fifteen days of the filing of the notice of objection. Upon
the filing of any such notice of objection to the Board, the Committee
shall prepare and file a transcript of the hearing and copies of
all orders, findings, and other documents pertinent to the proceedings,
which shall be certified by the Committee Chair. The Board may,
but shall not be obligated to, permit the member or the member's
counsel to appear in person before it. The Board may affirm, reverse,
or modify the ruling of the Committee, as it deems appropriate.
The decision of the Board shall be reduced to writing, and a copy
thereof shall be mailed forthwith to the Active member. The decision
of the Board shall be final. If appropriate, the Board shall move
for the Active member's suspension, pursuant to section (h) of the
Rule.
REGULATION 106.
AMENDMENTS
These regulations may be amended, deleted, or supplemented by action
of the Board.
REGULATION 107.
CERTIFIED SPECIALISTS
As long as the CLE requirement established by the Board of Legal
Specialization for a certified specialist is at least consistent
with the minimum requirement of section (a) of the Rule, a certified
specialist may meet the requirement of section (a) of the Rule by
meeting the MCLE requirements of the Board of Legal Specialization.
REGULATION 108.
AFFIDAVIT
A. The Committee shall prepare an Affidavit, subject to approval
by the Board, upon which compliance with the Rule shall be demonstrated.
The Affidavit shall be available without charge from any office
of the State Bar of Arizona.
B. The Affidavit shall require, as minimum information:
1. The name, address, and attorney number of the attorney filing
the Affidavit.
2. The period of time for which the Affidavit is being filed.
3. An oath or affirmation that the attorney has read and fulfilled
the Mandatory Continuing Legal Education requirements pursuant to
the Rule for the educational reporting period covered by the Affidavit.
The Committee may excuse an Active member from the delinquent filing
fee of Rule 45(d)(2) if the Committee finds that failure to timely
file the Affidavit is due to reasonable cause. Reasonable cause
shall not include: (I) failure of the Active member to calendar
the deadline; (ii) failure of the Active member to promptly notify
the State Bar of a change in the member’s mailing address;
or (iii) the Active member’s delegation of the responsibility
to another person.
REGULATION 109.
APPEAL
If the Committee denies a request to waive the MCLE requirements,
the delinquent compliance fee or the delinquent filing fee, or denies
a request for an extension of time to complete the MCLE requirements,
the member may appeal to the Board of Governors of the State Bar
of Arizona by submitting a written notice of appeal with the Committee
within 30 days after the date of the notice of denial.
If you
have questions about Mandatory Continuing Legal Education in Arizona,
please contact grace.henderson@staff.azbar.org
MCLE Administrative Assistant, or marnie.leinberger@staff.azbar.org
MCLE/BLS Administrator.
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