REGULATIONS OF THE
WASHINGTON STATE BOARD OF CONTINUING LEGAL EDUCATION
Approved as Amended by the Board of Governors and Supreme Court
Regulation 101. Definitions
As used in these Regulations, the following definitions shall apply:
(a) "Legal education" shall mean training obtained by
lawyers already admitted to practice that maintains or
enhances their competence as lawyers. It is recognized
that education is important to lawyers. However, not
all education is legal education within the meaning of
these rules.
(b) "Approved" or accredited legal education activity shall
mean an individual seminar, course or other continuing
legal education activity approved by the Washington
State Board of Continuing Legal Education (Continuing
Legal Education Board).
(c) "Active member" shall mean any person licensed to
practice law in the state of Washington as an active
member of the Washington State Bar Association.
(d) "Accredited sponsor" shall mean an organization whose
entire continuing legal education program has been
accredited by the Washington State Board of Continuing
Legal Education, pursuant to Regulation 106 herein. A
specific, individual continuing legal education
activity presented by such a sponsor constitutes an
"approved" legal education activity.
(e) "CLE Board" shall mean the Washington State Board of
Continuing Legal Education.
(f) "Quorum" of the CLE Board shall consist of four (4) or
more members of the Board.
(g) "Chairperson" shall mean the chairperson of the CLE
Board, except where other usage of that term is
indicated.
(h) "Executive Secretary" shall mean the executive
secretary of the CLE Board.
(i) "APR 11" shall mean Admission to Practice Rule 11,
together with any subsequent amendments thereto, as
adopted by the Supreme Court of the State of
Washington.
(j) "Teaching" in an approved continuing legal education
activity shall mean and encompass the delivery of a
prepared talk, lecture or address at such activity.
(k) "Participating" in an approved continuing legal
education activity shall mean and encompass taking part
in such activity as a member of a panel discussion,
without the preparation of written materials or the
delivery of a prepared talk, lecture or address.
(l) "Attending" an approved continuing legal education
activity shall include and encompass:
(1) Presence in an audience of two or more persons
being addressed by participants in an approved
continuing legal education activity, and
(2) Viewing or listening individually to video or audio
tapes, CD-ROM, motion pictures, simultaneous
broadcast or other such systems or devices approved
by the CLE Board.
(m) "Groups 1, 2, and 3": the active members of the bar
shall be divided into three groups. Group 1 shall be
those admitted through 1975 and in 1991, 1994, 1997,
2000. Group 2 shall be those admitted 1976 through
1983, and in 1992, 1995, 1998. Group 3 shall be those
admitted 1984 through 1990 and in 1993, 1996, 1999.
Members shall continue to be assigned to Groups upon
admission in the same consecutive manner.
(n) "Professionalism" is no more, and no less, than
conducting one's self at all times in such a manner as
to demonstrate complete candor, honesty, courtesy and
avoidance of unnecessary conflict in all relationships
with clients, associates, courts and the general
public. It is the personification of the accepted
standard of conduct that a lawyer's word is his or her
bond. It includes respectful behavior towards others,
including sensitivity to substance abuse prevention,
anti-bias or diversity concerns. It encompasses the
fundamental belief that a lawyer's primary obligation
is to serve his or her clients' interests faithfully
and completely, with compensation only a secondary
concern, acknowledging the need for a balance between
the role of advocate and the role of an officer of the
court, and with ultimate justice at a reasonable cost
as the final goal. The area of professionalism shall
include the issues of and training in diversity,
anti-bias, and substance abuse training in order to
improve public confidence in the legal profession and
to make lawyers more aware of their ethical and
professional responsibilities.
(o) "Ethics" shall include discussion, analysis,
interpretation, or application of the Rules of
Professional Conduct, Rules for Enforcement of Lawyer
Conduct, Code of Judicial Conduct, judicial decisions
interpreting these rules, and ethics opinions published
by bar associations relating to these rules, as well as
the general subject of standards of professional
conduct expected of lawyers acting in the
representation of clients and in the public interest.
(p) "Practicing law," for the purpose of this rule, is
defined as the representation of one or more clients
under the authority of a license to practice law in the
state of Washington.
[Regulation 101 amended effective May 2, 2000; October 1, 2002.]
Regulation 102. Continuing Legal Education Requirement
(a) As provided for in APR 11.2, each active member shall
complete a minimum of 45 credit hours of approved legal
education every three years. At least six of the 45
continuing legal education credit hours required during
the reporting period shall be devoted exclusively to
the areas of legal ethics, professionalism, or
professional responsibility. If an active member
completes more than 45 credits during a three-year
reporting period, 15 of the excess credits may be
carried forward and applied to that member's education
requirement for the next reporting period. The fifteen
credit hours that may be carried forward may include
two credit hours toward the legal ethics,
professionalism, or professional responsibility
requirement.
(b) Ethics/Professionalism Requirement. As provided for in
APR 11.2(c)
(c) All active members shall complete and report a minimum
of six credit hours of approved or accredited legal
ethics, professionalism, or professional responsibility
continuing education for the reporting period
terminating on December 31, 1998 and for each reporting
period thereafter.
[Regulation 102 adopted effective July 26, 1995; amended
effective May 2, 2000.]
Regulation 103. Credits: Computation
(a) Continuing legal education credit may be obtained by
attending, or teaching or participating in, continuing
legal education activities which have been (1) approved
by the CLE Board, (2) afforded retroactive approval by
the CLE Board pursuant to APR 11 and these Regulations,
or (3) conducted by an accredited sponsor, as set forth herein.
(b) Credit shall be awarded on the basis of one (1) hour
for each sixty (60) minutes actually spent by a member
in attendance at an approved activity. Otherwise
stated, a "credit hour" equals one (1) clock hour of
actual attendance.
(c) Meals and Banquets. Credit may not be denied merely because
continuing legal education activities are presented at a meal or
banquet.
(d) Teaching or participating. Credit toward the
continuing legal education requirement set forth in APR
11.2(a) and Regulation 102 may be earned through
teaching or participating in an approved continuing
legal education activity on the following basis:
(1) An active member teaching in an approved activity
shall receive credit on the basis of one credit for
each sixty (60) minutes actually spent by such
member in attendance at and teaching in presentation
of such activity. Additionally, an active member
teaching in such an activity shall also be awarded
further credit on the basis of one credit hour for
each sixty (60) minutes actually spent in
preparation time, provided that in no event shall
more than ten (10) hours of credit be awarded for
the preparation of one hour or less of actual presentation.
EXAMPLES: Attorney X, an active member,
gives a one hour lecture presentation at a
six (6) credit hour seminar presented in each
of three cities. Attorney X is entitled to
one credit hour for each sixty (60) minutes
of actual attendance and teaching at
presentation of the seminar. In addition,
attorney X may be awarded up to ten (10)
additional credits for time spent in
preparation. Accordingly, Attorney X, if he
attends and teaches in an entire presentation
of the seminar, may claim a total of sixteen
(16) credits maximum for his involvement in
the three-city series of seminars.
Attorney Y, an active member, gives a two (2)
hour lecture at the same seminar. Attorney Y
is entitled to one credit hour for each sixty
(60) minutes of actual attendance and
teaching at presentation of the seminar. In
addition, Attorney Y may be awarded up to
twenty (20) additional credits for time spent
in preparation. Accordingly, Attorney Y, if
he attends and teaches in an entire
presentation of the seminar, may claim a
total of twenty-six (26) credits maximum for
his involvement in the three-city series of seminars.
(2) An active member participating in an approved
activity shall receive credit on the basis of one
credit hour for each sixty (60) minutes actually
spent by such member in attendance at presentation
of such activity. Additionally, an active member
participating in such an activity shall also be
awarded further credit on the basis of one hour for
each sixty (60) minutes actually spent in
preparation time, provided that in no event shall
more than five (5) hours of credit be awarded for
such preparation time in any one such continuing
legal education activity.
EXAMPLE: Attorney Z, an active member,
participates in a one hour panel discussion
at a six (6) credit hour seminar presented in
each of three cities. Attorney Z is entitled
to one credit hour for each sixty (60)
minutes of actual attendance at presentation
of the seminar. In addition, Attorney Z may
be awarded additional credits for preparation
time for the panel discussion. Accordingly,
Attorney Z, if he actually attends an entire
presentation of the seminar, may claim a
total of eleven (11) credits maximum for his
involvement in the three-city series of seminars.
(e) Law School Courses. Credit under the provisions of APR
11 shall be computed on the basis of one (1) credit for
each clock hour of instructed law school class time
actually attended up to a maximum of 15.00 hours per
course. For example, under this formula an active
member who actually attends 30 hours of instruction in
a law school course may claim a maximum of 15.00 hours
of credit under APR 11, with the remaining 15.00 hours
being inapplicable toward the requirement and not
capable of being carried over to the next reporting
period. However, an active member attending two
separate courses may earn a maximum of 15.00 hours of
credit per course and in such instance may carry the
excess 15.00 hours of credit over to the next reporting period.
An active member taking such a course shall arrange
with the instructor for verification of the active
member's actual attendance at the various sessions of
the course and for the reporting of such attendance to
the Board.
Success on any examination given in connection with
such a course is not a prerequisite to obtaining CLE
credit for attendance at the a course under the
provisions of APR 11.
(f) An active member shall receive a maximum of one-third
of the continuing legal education required under APR
11.2(a) through self-study credits or audio/videotaped
instruction (defined in Regulations Section 104(b)(1)).
(g) Pro Bono Legal Services: A member may earn up to six
(6) hours of credit annually by certifying that the
member has fulfilled the following requirements under
the auspices of a qualified legal services provider:
(1) Each attorney seeking CLE credit will have received at least
two (2) hours of education, under the auspices of a qualified
legal services provider, which may consist of:
(i) not less than two (2) hours of training with
live presentation(s); or
(ii) not less than two (2) hours viewing or
listening individually to video or audio tapes
approved by the CLE Board; or
(iii) any combination of the foregoing training;
or
(iv) serving as a mentor to a participating attorney
who has completed the foregoing training; and
(2) Each attorney seeking CLE credit also will have
subsequently completed not less than four (4) hours of
pro bono work in providing legal advice,
representation, or other legal assistance to low-income
client(s) through a qualified legal services provider
or in serving as a mentor to other participating
attorney(s) who are providing such advice,
representation, or assistance.
[Regulation 103 amended effective May 2, 2000; August 3, 2004.]
(h) Law Competitions. Credit may be earned for preparing
Law School students for and judging law competitions,
mock trials and moot court arguments. Ethics and
professionalism credit hours are not available for
participation in this type of CLE activity. CLE credit
hours are not available for grading written briefs or
other written papers in connection with this type of
CLE activity. No additional credit may be earned for
preparation time. The sponsor of the CLE activity is
responsible for issuing appropriate certification
documenting the name of the attorney, name, date and
location of thw course or program and the number of CLE
credit hours earned.
(1) Law School Competitions: One (1) credit hour may be earned
for each sixty (60) minutes of participation in an ABA
accredited law school competition provided that the
law school training activity is structured to
require that the "judge" provide specific
performance review feedback to each student
participant. The performance review must conform to
a redetermiuned "feedback process" to be established
and agreed upon by the Law School and the
participating attorney through a prior-to-the-
activity communication (e.g. watching a videotape,
reviewing a written outline for points to be covered
by the "judge", etc.). The educational elements
must be structured into the competition and must be
consistent with Regualtion 104.
(2) A Maximum of six (6) CLE credit hours may be earned
for participation in this type of CLE activity
during any one reporting cycle.
Regulation 104. Standards for Approval
(a) Basis for approval of courses. Courses will be
approved based upon their content. An approved course
shall have significant intellectual or practical
content relating to the practice of law. In evaluating
content, course presenters and audience may be
considered but those will not be the principal criteria
for approval. Courses involving federal or state
taxation issues, arbitration or alternative dispute
resolution, as examples, may appeal to persons from
disciplines other than law, but may still be approved courses.
(1) Definition. The course shall constitute an
organized program of learning dealing with matter
directly relating to the practice of law, legal
ethics, or professionalism, including anti-bias and
diversity training, and substance abuse prevention training.
(2) Factors in evaluating. Factors which should be
considered in evaluating a course include:
(i) The topic, depth, and skill level of the
material.
(ii) The level of practical or academic experience
or expertise of the presenters or faculty.
(iii) The intended audience.
(iv) The quality of the written, electronic, or
presentation materials, which should be high
quality, readable, carefully prepared and
distributed to all attendees at or before the
course is presented. In some cases, written
material may not be necessary, but that is the
exception and not the rule.
(v) The physical setting is suitable to the
educational activity, free from unscheduled
interruption, and should include a writing surface
where feasible.
(b) Basis for approval of activities. Credit will also be
given for certain activities which are not approved
courses. The following activities will qualify for
continuing legal education credit, subject to the
restrictions set forth below.
(1) Self-Study Credits. Attorneys may receive credit by
watching or listening to video or audio tapes,
CD-ROM, motion pictures, simultaneous broadcast,
electronic or other such systems or devices approved
by the CLE Board or by engaging on computer-assisted
legal study programs, which meet the content
requirements of (a), above.
(i) To claim CLE credits earned through
self-study, attorneys are required to report on
their CLE Certification the number of credits for
which the tape, CD-ROM, motion pictures,
electronic or other such systems or devices, or
computer assisted self-study program was approved,
the sponsor, the title of the seminar or program,
and the date the seminar or program was originally
recorded or, in the case of computer assisted
self-study programs, its most recent edition year.
By signing the CLE Certification, attorneys will
declare that they have not violated any copyright
laws in earning credits reported in the Certification.
(ii) Sponsors are required to affix on the outside
of each audio or video tape, CD-ROM, motion
pictures, electronic or other such systems or
devices approved for credit by the Board, the name
of the sponsor, the name of the program, the date
originally recorded, the length of the tape in
hours and minutes and the number of credits for
which it has been approved. Computer assisted
self-study programs are not subject to this provision.
(iii) Sponsors are not required to submit copies of
audio or video tape, CD-ROM, motion pictures,
electronic or other such systems or devices with
applications for approval. The CLE Board,
however, reserves the right to obtain on demand a
copy of any tape, CD-ROM, motion pictures,
electronic or other such systems or devices,
submitted for approval.
(iv) If a live seminar is approved by the Board,
the video or audio tape pr electronic version of
that seminar is deemed approved without the
sponsor submitting a second application for
approval. Written materials distributed at the
live seminar must also be distributed with the
taped or electronic seminar.
(v) Regulation 104(a) regarding the distribution
of written materials applies to taped or
electronic seminars as well as live seminars. It
does not necessarily apply to computer assisted
self- study programs.
(vi) As a general rule, the accreditation of all
tapes, except skills training tapes, expires five
years after the date the tape was originally recorded.
(2) Attendance at courses that have not applied for or
received approval as courses. Applicants may
receive individual approval for attendance at a
course which would have been approved if the sponsor
had applied for credit by submitting Form 1.
(3) Nexus credit. Attending or teaching at a course
where there is a substantial relationship to the
lawyer's field of practice and the lawyer
demonstrates that the topic, depth, and skill level
will improve the lawyer's competence to practice
law. A course which does not directly deal with the
practice of law, such as a medical course, a child
abuse program or some similar offering, may not
qualify for approval of a course under Regulation
104(a). Individual attorneys who practice in those
areas will have a direct benefit from attending such
a course, however. Upon a showing of nexus between
an individual's law practice and such a course. CLE
credit may be given to that individual attorney even
though the course itself does not qualify for credit.
(4) Writing and Editing Activities. Credit for
writing and editing activities may be granted on a
case by case basis under the condition that prior
approval is secured and the writing or editing in
question meets the standards of Regulation 104(a),
and that it is actually published for the education
of the Bar by an entity recognized in the legal
community as a publisher of legal works. Writing or
editing for or on behalf of a client or prospective
client, for marketing purposes, or in the course of
the regular practice of law, is not eligible for
credit. See Regulation 104(d)(3). Credit for writing
or editing activities shall be granted sparingly,
and only on a case by case basis. In appropriate
circumstances, the CLE Board may waive the prior
approval requirement and grant credit retroactively
if the quality standards are met. The CLE Board may
also waive the prior approval requirement where the
publisher has demonstrated uniform adherence to the
Standards of 104(a). Writers or editors, whose work
has been approved, may claim up to a maximum of
10.00 CLE credit hours. The number of actual hours
claimed should be based on the number of hours spent
in preparing the material, but in no case may more
than 10.00 credit hours be claimed.
(c) Examples of courses or activities that may qualify for credit.
(1) Attending or participating in programs that deal
with the problems of running a law office may be
approved. In particular, docket control,
malpractice avoidance, and education on substance
abuse by lawyers or assistants will qualify for
approval. Programs that are designed to improve an
attorney's communication skills with his or her
clients and improve the attorney-client relationship
will be approved.
(2) Courses or self study programs on how to conduct
electronic legal research may be approved subject to
the other provisions of these regulations.
(3) Alternate dispute resolution courses may be
approved subject to the other provisions of these
regulations.
(4) CLE credit will be given for attending law school
courses, including courses offered at the J.D. or
advanced education levels based upon the actual
hours of attendance. Applicants need not take exams
to qualify for credit, but must otherwise comply
with the applicable regulations of the law school or
university involved. Credit for teaching law school
courses by full-time teachers will not qualify for
credit. However, for the first preparation leading
to the teaching of a specific law school course by
an adjunct (not a full-time) professor, credit will
be given on the basis of ten hours of credit for
each hour of preparation time, and one credit will
be given for each hour of class presentation time to
a maximum of 15 credit hours each year.
(5) Credit will not be given for attending bar
review/refresher courses offered in preparation for
the Washington State Bar examination, but credit may
be given for attending bar review/refresher course
offered in jurisdictions other than Washington, on
the basis of 1.00 credit for each classroom hour of
instruction or audio/videotaped instruction.
(6) Programs outside the United States may be given
credit, subject to the following provisions.
(i) Seminars concerning laws of jurisdictions
outside the United States can qualify for CLE
credit. It is not necessary to return to the
United States or to Washington State in order to
obtain CLE credits.
(ii) In recognition of the potential
unavailability, in certain geographical areas, or
courses and programs meeting the criteria of
Regulation 104, the CLE Board, or its Executive
Secretary, may grant approval of courses, offered
in such areas, which do not fully meet the
standards of Regulation 104 and which,
accordingly, would not be approved if offered
within the United States. Decisions relative to
the approval of such courses are within the
discretion of the CLE Board, which shall, among
other things, consider the availability of
programs in the area involved and the good faith
attempts of the member affected to comply with the
requirements of APR 11.
(iii) If the foreign location is very remote and
removed from reasonable opportunities for
attendance at live CLE programs, it is possible to
fully comply with CLE requirements by viewing
videotapes, listening to audiotapes or by
attending informal CLE programs developed and
presented by lawyers in the foreign jurisdiction,
with approval of the CLE Board. Under any of
these circumstances, CLE credits may be awarded on
the basis of 1.00 credit per hour. Applications
should be made in advance of the activity in
question, in order to confirm that CLE credit is
available, prior to the commitment of time and
resources to the activity.
(iv) CLE credit may be given for attending law
school courses, including courses offered at the
J.D. or advanced education levels based upon
actual hours of attendance. Applicants need not
take exams to qualify for credit, but must
otherwise comply with the applicable regulations
of the law school or university involved.
(d) The following activities will not qualify for credit:
(1) Teaching a legal subject to non-lawyers in an
activity or course that would Not qualify those
attending for CLE credit.
(2) Programs that are primarily designed to teach
attorneys how to improve market share, attract
clients or increase profits will not be approved,
nor will programs primarily designed to be a sales
vehicle for a service or product. While a company
which provides services or products to the legal
community may wish to participate in or sponsor law
office management seminars, those courses will be
approved for credit only if there is no discussion
or literature promoting that company, other than the
biographical material about the speakers, or there
is equal treatment in discussion and written
materials of alternate vendors of the particular
product or service, and the written material does
not include prepared promotional literature.
(3) Writing for or on behalf of a client, or for the
regular practice of law.
(4) As a reward for meritorious legal work, such as pro
bono work, except as provided in Reg. 103(g).
(5) Jury duty.
(6)Programs to enhance a person's ability to present or
prepare a continuing education program will not be approved.
(e) Private law firm education. In addition to compliance
with the requirements of Regulation 104(a) and the
limitations described below, private law firm courses
may be approved for credit under the provisions of APR
11 on the following bases:
(1) Approval of such courses may be granted only on a
case by case basis. Accredited sponsor status (as set
forth in Regulation 106) will not be available for
private law firm sponsors. The CLE Board may,
however, consider the sponsoring organization's
experience in presenting similar programs.
(2) A complete course schedule with time allocations
must be submitted in advance. High quality written
materials are required and should be distributed to
all attendees at or before the time the course is
presented. A critique form or evaluation sheet and
an attendance sheet which attendees will complete
must be submitted to the CLE Board within 30 days
after the program.
(3) The course must be attended by five (5) or more
lawyers admitted to any Bar Association, excluding
the instructors.
(4) Private law firm courses shall be open to non-
members of the sponsoring firm provided that there
is space available.
(5) Marketing of the private law firm in any manner is
not permitted including but not limited to the
display of brochures, pamphlets or other firm
advertising. Approval for credit may be denied or
withdrawn if the program material is presented in
such a way that it is necessary for a particular
firm to be retained or associated in order to
adequately handle the type of matter being
discussed. Persons or organizations may not state
or imply that the CLE Board approves or endorses any
person or organization.
(f) Governmental Agencies. In addition to compliance with
the requirements of Regulation 104(a) and the
limitations described below, the courses of federal,
state, local, and military agencies or organizations
may be approved for credit under the provisions of APR
11 on the following bases:
(1) Approval of such courses may be granted only on a
case by case basis. Accredited sponsor status (as
set forth in Regulation 106) will not be available
for governmental agencies. The Board may, however,
consider the sponsoring organization's experience
in presenting similar programs.
(2) A complete course schedule with time allocations
must be submitted in advance. High quality written
materials are required and should be distributed to
all attendees at or before the time the course is
presented. A critique form or evaluation sheet and
an attendance sheet which attendees will complete
must be submitted to the CLE Board within 30 days
after the program.
(3) The course must be attended by five (5) or more
lawyers admitted to any Bar Association, excluding
the instructors.
(4) Governmental agency courses may be open or closed
to nonmembers of the governmental agency or
organization, provided that notice of them will be
published on the WSBA web page, and that any written
materials are available to any inquirer.
[Regulation 104 adopted effective July 26, 1995; amended
effective May 2, 2000; July 11, 2000; March 30, 2004.]
Regulation 105. Procedure for Approval of Continuing Legal
Education Activities
(a) An active member or sponsoring organization
desiring approval of a continuing legal education
activity shall submit to the CLE Board all
information called for by Form No. 1.
(b) Approval shall be granted or denied in accordance
with the provisions of Regulation 108 herein.
(c) As to a course that has been approved within the
last twelve months, the sponsoring organization may
announce, in informational brochures and/or
registration materials: "This course has been
approved for ______ hours of Washington MCLE credit,
including _____ hours of ethics/professionalism credit."
(d) The CLE Board may establish and assess sponsoring
organizations or individuals a fee for the purpose of
defraying the costs of processing applications for
accreditation of courses submitted for CLE credit, such
fee to be established from time to time by the CLE
Board and approved by the Board of Governors.
[Regulation 105 amended effective May 2, 2000.]
Regulation 106. Accreditation of Sponsoring Organizations
(a) The CLE Board may extend approval to a sponsoring
organization for all of the continuing legal education
activities sponsored by such organization which conform
to Regulation 104. A sponsoring agency to which such
general approval has been extended shall be known as an
"accredited sponsor".
(b) A sponsoring organization desiring to apply for
status as an accredited sponsor shall submit to the CLE
Board all information called for in the form required
by the Board. Accreditation shall be granted or denied
in accordance with the provisions of Regulation 108. A
primary consideration in the evaluation of such a
request for status as an accredited sponsor shall be
the previous experience of the organization in
sponsoring and presenting continuing legal education
activities. A reasonable fee may be assessed by the
CLE Board, with approval of the Board of Governors,
with regard to the application. A private law firm
shall not qualify for accredited sponsor status.
(c) Once a sponsoring organization has been granted
the status of an accredited sponsor, it is not required
to seek approval for individual educational activities
sponsored while an accredited sponsor. It shall be
responsible for calculating the number of credit hours
to be awarded and reporting those determinations to the
CLE Board in such manner as the CLE Board determines.
Accredited sponsors are entitled to include in any
materials which promote such activity, language that
indicates the activity has been approved for Washington
State MCLE credit in the amount of ____ hours ( of
which ____ hours will apply to ethics credit requirements).
(d) A sponsoring organization which has been granted
the status of an accredited sponsor shall, except as
otherwise provided in this Regulation 106, continue to
be subject to and governed by all provisions of APR 11
and these Regulations.
(e) A sponsoring organization which has been granted
the status of accredited sponsor shall provide the CLE
Board at least yearly with a list of all its course
offerings, identifying the number attorneys and
non-attorneys attending each program, and such
additional information as the CLE Board may require.
The sponsoring organization shall also solicit
critiques or evaluations from participants at each
program, retain copies, and provide them to the CLE
Board upon request. The CLE Board may, upon review of
such information, advise the organization that its
manner of compliance is improper, and may terminate the
organization's status as an accredited sponsor for
future offerings.
[Regulation 106 amended effective May 2, 2000.]
Regulation 107. Delegation
(a) To facilitate the orderly and prompt
administration of APR 11 and these Regulations, and to
expedite the processes of, inter alia, course approval,
sponsor accreditation and the interpretation of these
Regulations, the Executive Secretary may act on behalf
of the CLE Board, pursuant to delegated authority from
the Board, under APR 11 and these Regulations. Any
adverse determinations and all questions of
interpretation of these Regulations or APR 11 by the
Executive Secretary shall be subject to review by the
CLE Board upon written application by the person
adversely affected.
(b) The CLE Board may organize itself into committees
for the purpose of considering and deciding matters
arising under APR 11 and these Regulations.
[Regulation 107 amended effective May 2, 2000.]
Regulation 108. Executive Secretary's Determinations and Review
(a) Pursuant to guidelines established by the CLE
Board, the Executive Secretary shall, in response to
written requests for approval of courses or
accreditation of sponsors, awarding of credit for
attending, teaching or participating in approved
courses, writing and editing, waivers, extensions of
time deadlines and interpretations of these
Regulations, make a written response describing the
action taken. The Executive Secretary may seek a
determination of the Board before making such response.
At each meeting of the CLE Board the Executive
Secretary shall report on all determinations made since
the last meeting of the CLE Board.
(b) The CLE Board shall review any appeals of adverse
determinations made by the Executive Secretary or his
or her delegate. The active member or the sponsoring
organization affected may present information to the
CLE Board in writing or in person or both. If the CLE
Board finds that the Executive Secretary has
incorrectly interpreted the facts, the provisions of
APR 11, or the provisions of these Regulations, it may
take such action as may be appropriate. The CLE Board
shall advise the active member or sponsoring
organization affected of its findings and any action taken.
[Regulation 108 amended effective May 2, 2000.]
Regulation 109. Submission of Information _ Credit for
Teaching or Participating
An active member who seeks credit for teaching or
participating in an approved continuing legal education
activity shall report additional credits pursuant to
Regulation 103(d) in the member's CLE certification
every three years.
[Regulation 109 amended effective May 2, 2000.]
Regulation 110. Exemptions, Waivers, Modifications
(a) As a general proposition, all active members of
the Bar Association are required to comply with the
provisions of APR 11. The alternative to compliance is
transfer to inactive status. The CLE Board may grant
extensions, waivers or modifications of the time
deadlines or education requirements specified in APR 11
and these Regulations Applications for extensions,
waivers or modifications shall be made in writing and
supported by a sworn statement in the form of an
affidavit or declaration.
(b) Undue Hardship, Age, or Disability. Exemptions
from the continuing legal education requirement, or
waiver, or modification of such requirement, based upon
undue hardship, age or disability should be granted
only sparingly. Consequently, before the CLE Board
will consider granting an application for exemption,
waiver or modification based upon these grounds, the
applicant must establish to the satisfaction of the CLE
Board that (1) such condition of undue hardship, age,
or disability warrants granting an exemption, waiver,
or modification; and (2) the applicant has not been in
and will not be engaged in the unsupervised practice of
law during the relevant period.
An application for exemption, waiver, or
modification, including the sworn statement in support
thereof, shall be filed for each reporting period and
shall be retained in the files of the CLE Board.
Individuals granted an exemption, waiver, or
modification from the continuing legal education
requirements on the above-stated basis may continue to
hold the status of active member of the Bar
Association. The granting of such an exemption does
not, in any way, affect or diminish active member's
duties and obligations as established by the bylaws,
rules and regulations of the Bar Association or the
Supreme Court.
Exemptions, waivers, or modification from the
continuing legal education requirements may be revoked
by the CLE Board upon change in the facts or
circumstances upon which such exemption, waiver, or
modification was granted.
(c) Judicial Status. Full-time judges, magistrates,
court commissioners, administrative law judges, and
members of the judiciary, who are prohibited from
practicing law, are exempt from the continuing legal
education requirement established by APR 11.
Part-time or pro-tem judges who are active members of
the Bar Association, are fully subject to the
requirements of APR 11.
Judges who have been exempt, upon return to active
membership status, are fully subject to the continuing
legal education requirements during the year in which
they return to practice.
(d) Legislative Status. Members of the Washington
State Congressional Delegation and Members of the
Washington State Legislature, otherwise subject to the
continuing legal education requirements of APR 11 as
active members of the Bar Association, are specifically
exempted, during terms of office and while otherwise
members in good standing of the Bar Association, from
the requirements of APR 11.
This exemption applies only to the members of the
Washington State Congressional Delegation, and to
members of the Washington State Legislature, under the
terms and conditions stated above. The exemption does
not extend to active members of the Bar Association:
(1) serving in the legislature of any other state; (2)
serving in the administrative branch of any state
government; or (3) serving on the staff of any member
of the Washington State Congressional Delegation or the
Washington State Legislature.
(e) Active members living outside the United States.
Active members of the Bar Association who live or are
employed outside the United States are required to
comply with the continuing legal education requirements
as provided for in Reg. 104(c)(6), or to transfer to
inactive status until such time as compliance can be
attained.
(f) Active Military Duty. Members employed by the military may
be granted an exemption, waiver, or modification upon proof of
undue hardship.
[Regulation 110 amended effective August 3, 2004]
Regulation 111. Noncompliance: Board Procedures
An active member who has not complied with the
educational or reporting requirements of APR 11 and
these Regulations by May 1 of each calendar year, may
be ordered suspended from the practice of law by the
Supreme Court pending compliance with APR 11.
To effect such removal, the CLE Board shall send to the
non-complying active member, by certified mail directed
to the member's last known address as maintained on the
records of the Washington State Bar Association, a
written notice of non-compliance advising such active
member of the pendency of suspension proceedings unless
within ten (10) days of receipt of such notice such
active member completes and returns to the CLE Board an
accompanying form of petition, which may itself be
accompanied by supportive affidavit(s), in support of a
request for extension of time for, or waiver of,
compliance with the requirements of APR 11 and these
Regulations or for a ruling by the CLE Board of
substantial compliance with said requirements.
(a) If such petition is not so filed, such lack of
action shall be deemed acquiescence by the active
member in the finding of non-compliance. The CLE Board
shall, pursuant to APR 11.6(c)(1), report such fact to
the Supreme Court with the CLE Board's recommendations
for appropriate action. The Supreme Court shall enter
such order as it deems appropriate.
(b) If such petition be so filed, the CLE Board may,
in its discretion, approve the same without hearing, or
may enter into an agreement on terms with such active
member as to time and other requirements for achieving
compliance with APR 11 and these Regulations.
(c) If the CLE Board does not so approve such petition
or enter into such agreement, the CLE Board shall hold
a hearing upon the petition and shall give the active
member at least ten (10) days notice of the time and
place thereof. Such hearing shall be conducted in
accordance with APR 11.6(c)(3). At the discretion of
the chairperson, the hearing may be held before the
entire Board or before a committee thereof. A full
stenographic or tape record of the hearing may be taken
at the request and expense of the active member
affected. Testimony taken at the hearing shall be
under oath and the oath shall be administered by the
chairperson. The CLE Board or committee thereof may
admit any relevant evidence, including hearsay
evidence. As to each such petition and hearing, the
CLE Board or committee thereof shall enter written
findings of fact and an appropriate order, a copy of
which shall be transmitted by certified mail to the
active member affected at the address of such member on
file with the Washington State Bar Association. Any
such order shall be final and, in case of an adverse
determination, shall be transmitted to the Supreme
Court unless within ten (10) days from the date thereof
the active member shall file a written appeal of the
CLE Board's decision to the Supreme Court.
[Regulation 111 amended effective May 2, 2000.]
Regulation 112. Appeal
(a) Appeal to Supreme Court. An adverse decision of
the CLE Board may be appealed, by the active member
affected, to the Supreme Court in accordance with the
applicable provisions of APR 11.6. As to such appeals,
the CLE Board shall be represented by its chairperson,
such other member of the CLE Board as shall be
designated by the chairperson, or by the Executive
Secretary, or other counsel designated by the chairperson.
[Regulation 112 amended effective May 2, 2000.]
Regulation 113. Reinstatement of Members Who Voluntarily
Transferred to Inactive Status
(a) A person who transferred to inactive status while
in full compliance with APR 11 and who desires
reinstatement to active status must comply with the
applicable bylaws and procedures of the Washington
State Bar Association pertaining to such change of
membership status, including the filing of an
application with the Board of Governors of the Bar
Association in such form as is prescribed by the Board
of Governors. The Board of Governors shall determine
whether such application shall be granted and
compliance with APR 11 and these Regulations is only
one factor pertaining to such determination. Upon
reinstatement to active status, if the person missed a
reporting period during the time he or she was on
inactive status, the person must report 15.00 credit
hours per year since the person last reported credits.
(b) An active member who voluntarily transfers to
inactive status when he or she has not complied with
APR 11 and its Regulations, must make up any deficiency
remaining at the time of the transfer to inactive
status, complete an additional 15.00 credit hours for
each year following the transfer to inactive status,
and fully comply with the provisions of APR 11 and
these Regulations before he or she can be reinstated as
an active member.
(1) Upon compliance with the immediately
preceding provision of this Regulation, the CLE
Board shall notify the Board of Governors of the Bar
Association that the inactive member has satisfied
the minimum continuing legal education requirements
of APR 11 and these Regulations. A copy of that
notification shall be sent to the inactive member.
(2) Once notification of compliance has been
received, the inactive member may seek reinstatement
pursuant to Regulation 114(a).
(c) A person who has been transferred from inactive to
active status by the Board of Governors shall,
immediately upon transfer, be subject to the provisions
of APR 11 and these Regulations as any other active
member of the Bar Association.
(d) The reinstated member retains the original
reporting period to which he or she was initially
admitted to the Bar Association.
(e) An inactive member who is reinstated to active
status in the second or third year of the member's
assigned group reporting period will be required to
report 15.00 credits per year of active status within
the reporting period, i.e. second year reinstatement -
30.00 credits; third year reinstatement - 15.00
credits. These credits must be reported at the end of
the reporting period.
[Regulation 113 amended effective May 2, 2000.]
Regulation 114. Reinstatement of Members Suspended from
Practice for Failure to Comply with APR 11
(a) An active member who, pursuant to APR 11.6(c) -
(g), Regulation 112 or 113, is suspended from practice
for failure to comply with APR 11 and its Regulations,
must make up the deficiency and fully comply with the
provisions APR 11 and these Regulations before he or
she can be reinstated as an active member.
(b) Once a suspended member has complied with the
immediately preceding provisions of this Regulation,
the Board shall notify the Supreme Court that the
suspended member has satisfied the requirements of APR
11 and these Regulations. A copy of that notification
shall be sent to the suspended member.
(c) Once the Supreme Court has reinstated the
suspended member, the reinstated member shall be
subject to all provisions of APR 11 and its regulations
and retains the original reporting period to which he
or she was initially admitted to the Bar.
(d) A suspended member who is reinstated to active
status in the second or third year of the member's
assigned group reporting period will be required to
report 15.00 credits per year of active status within
the reporting period, i.e. second year reinstatement -
30.00 credits; third year reinstatement - 15.00
credits. These credits must be reported at the end of
the reporting period.
[Regulation 114 amended effective May 2, 2000.]
Regulation 115. Rulemaking Authority
The CLE Board, subject to the approval of the Board of
Governors and the Supreme Court, has continuing
authority to make Regulations consistent with APR 11 in
furtherance of the development of continuing legal
education for Washington attorneys and the regulation
thereof. The CLE Board may adopt policies, consistent
with these regulations, to provide guidance in the
administration of these regulations and APR 11. The
CLE Board will notify the Board of Governors of any
policies which it adopts. The Board of Governors will
review any such policies at their next regularly
scheduled meeting. Unless the Board of Governors
objects, such policy will become effective 60 days
after promulgation by the CLE.
[Regulation 115 amended effective May 2, 2000.]
Regulation 116. Confidentiality
The files and records of the CLE Board, as they may
relate to or arise out of any failure of a member of
the Washington State Bar Association to satisfy the
continuing legal education requirements of APR 11 and
these Regulations, shall be deemed confidential and
shall not be disclosed except in furtherance of the CLE
Board's duties, or upon the request of the member
affected, or pursuant to a proper subpoena duces tecum,
or as directed by the Supreme Court.
[Regulation 116 amended effective May 2, 2000.]
Regulation 117. Out-of-state Compliance
(a) An active member whose principal office for the
practice of law is not in the State of Washington may
comply with these rules by filing a compliance report
as required by APR 11.6(b) in which the member
certifies that the member is subject to the CLE
Requirements of that jurisdiction and that the member
has complied with the CLE Requirements of that
jurisdiction during the member's reporting period,
provided that the CLE Board has determined that the
requirements established by these rule are
substantially met by the requirements of the other
jurisdiction.
(b) The CLE Board has determined that the Continuing
Legal Education requirements in Washington are
substantially met by the Continuing Legal Education
requirements of the following other jurisdictions:
Oregon, Idaho, and Utah.
[Regulation 117 amended effective May 2, 2000.]
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