Rule 45, Ariz. R. Sup. Ct.
Rule 45. Mandatory Continuing Legal Education
Rules of the Supreme Court of
Arizona
Effective January 1,
2009
(a) Continuing Legal Education
Requirements.
1. Every active member of the bar, not exempted, shall complete a
minimum of fifteen hours of continuing legal education activity in
each educational year. An educational year shall begin on July 1
and end on the following June 30.
2. 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.
3. 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.
a. 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.
b. 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.
c. 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.
4. An active member of the bar, not exempted, who serves as an
arbitrator under Rule 73, Arizona Rules of Civil Procedure, is
eligible for two hours of continuing legal education activity
credit in lieu of financial compensation otherwise available under
A.R.S. § 12-133(g) or local rule for service as an arbitrator. Such
credit shall be included in the maximum number of hours allowed for
self-study and shall be awarded under procedures approved by the
Board of Governors.
(b) Exemptions.
1. Inactive and Retired Members. An inactive or retired member of
the bar shall be exempt from the requirements of section (a), if
the lawyer is inactive or retired during the entire educational
year. An active member who transfers to inactive or retired status
is exempt during the educational year in which the transfer
occurs.
2. Court Personnel: Retired Judges Subject to Assignment To
Judicial Service. 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. § 38-813 who are
active members and 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.
3. Active Members at Least 70 Years Old Before January 1, 2009. An
active member who both has been admitted to practice in Arizona and
has attained the age of 70 before January 1, 2009, shall be exempt
from the requirements of section (a).
4. 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.
5. Out-of-State Compliance. 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).
6. 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.
(c) 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 or certification 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.
(d) Delinquent Compliance Fee and Delinquent Affidavit
Filing Fee.
1. 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:
a. If CLE requirements are completed between July 1 and July 31, a
delinquent compliance fee of $25.00 is assessed. b. If CLE
requirements are completed between August 1 and August 31, a
delinquent compliance fee of $50.00 is assessed. c. If CLE
requirements are completed between September 1 and September 15, a
delinquent compliance fee of $100.00 is assessed. d. If CLE
requirements are completed after September 15, a delinquent
compliance fee of $125.00 is assessed.
Such fees shall be in addition to any fee for delinquent filing of
the affidavit required by section (c) as set forth below in sub§ 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.
2. Delinquent Affidavit Filing Fee. An affidavit not filed when
due under sections (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:
a. Members who file their affidavits between September 16 and
October 15 will be assessed a delinquent filing fee of $100.00. b.
Members who file their affidavits between October 16 and November
15 will be assessed a delinquent filing fee of $125.00. c. Members
who file their affidavits after November 16 will be assessed a
delinquent filing fee of $150.00.
Failure to file the affidavit by December 15 may result in a
motion for summary suspension pursuant to section (i) of this
rule.
(e) Status Changes.
1. Return from Inactive or Retired Status to Active Status. Before
a member will be permitted to change status from inactive or
retired to active, that member must show completion of hours of
continuing legal education activity equivalent to those required in
section (a) of this rule for each of the last two years for which
the member was on inactive or retired status.
2. Any inactive, retired, or judicial member who transfers to
active status shall comply with the educational requirements of
section (a) of this rule in effect for the educational year in
which such transfer occurs.
(f) Records.
Every active member, not exempted, shall maintain records (as
defined in Regulation 101(l)) evidencing participation in
continuing legal education for each education year. The lawyer
shall preserve these records for two years after the filing of the
affidavit.
(g) 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.
(h) 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.
(i) Summary Suspension.
Upon notice of the state bar pursuant to Rule 62, 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 requested, 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 30 days prior
to such suspension. The member may be reinstated upon completion of
the continuing legal education activity requirements for each
educational year in which the member was suspended with 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 64(f) of these rules.
(j) 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.
(k) 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.