RULE 11.6
REPORTS AND ENFORCEMENT
(a) Reporting and Other Activities.
(1) Sponsor Reports. The sponsor of each approved program (or each
program for which approval is sought) must make available attendance
reports to be completed by those lawyers in attendance to show the
actual time spent by each lawyer in attendance. The form of the
reports will be determined by the MCLE Board. The sponsor must send
a report, consisting of a compilation of the information contained in
these forms, to the Bar Association not later than 30 days after
conclusion of the program.
(2) Other Activities. Consistent with the provisions of Appendix
APR 11 Regulations, in the case of some programs for which approval
has not been sought or obtained by the sponsor, or for other
activities which may qualify for CLE credit under these rules,
individual lawyers may apply for credit by direct application to the
MCLE Board, using the form or forms specified by the MCLE Board for
that purpose.
(3) Member Credit Status Reports.
(A) Not later than July 1 of each year, the Bar Association
shall advise each active member and other lawyers required to
report in the current reporting cycle of the number of earned
credit hours reflected in that lawyer's records with the Bar Association.
(i) If the lawyers do not request changes to their records
within forty-five days of the mailing of the report, the
reported credits will be deemed correct.
(ii) After 45 days, the records may be changed upon a
showing of good cause.
(B) By not later than December 15 of each year, a similar
report shall be provided to all active members and other lawyers
required to report continuing education credits.
(b) Compliance Certification. Each active member or other lawyer
required to complete and report continuing legal education requirements
must submit an MCLE compliance certification form by February 1 following
the end of the lawyer's three-year reporting period or as approved by the
MCLE Board pursuant to rule 11.4. If a lawyer has not completed the
minimum education requirement for that lawyer's reporting period, the
lawyer may complete and return to the MCLE Board a petition, which shall
be accompanied by a declaration(s) or affidavit(s) in support of the
request, for an extension of time to complete the requirements. If the
petition is approved, the lawyer shall make up the deficiency, file a
supplemental report with the Bar Association, and pay a late filing fee by
the date set forth in the agreement or order extending the time for compliance.
(c) Delinquency. Any lawyer required to do so who has not complied by
the certification deadline, or by the date set forth in an agreement or
order extending the time for compliance, may be ordered suspended from the
practice of law by the Supreme Court.
(1) Pendency Notice. The MCLE Board shall send a written notice of
the pendency of suspension proceedings by certified mail to any
lawyer who has not complied with either the educational or
certification requirements of APR 11 and the Appendix APR 11
Regulations by the certification deadline for that lawyer's reporting
period or extended deadline granted by the MCLE Board. It will be
sent to the lawyer's address of record with the Bar Association. The
notice shall advise the member of the pendency of suspension
proceedings and state that the MCLE Board will recommend suspension
of the lawyer's license to practice law unless the lawyer becomes
compliant or completes and returns to the MCLE Board a petition for
extension of time, exemption from compliance, or ruling of complete
compliance as set forth below. The MCLE Board shall include with the
pendency notice a copy of the form of petition to be used.
(2) Petition for extension, waiver, modification or finding of compliance.
(A) Timing. Within 10 days of receipt of the pendency notice,
a lawyer may complete and return to the MCLE Board a petition
requesting an extension of time, a waiver of compliance,
modifications to the requirements, or ruling by the MCLE Board
of compliance with the standard requirements.
(B) Supporting documents. The petition may be accompanied by
supporting affidavit(s) or declaration(s).
(3) No timely petition filed; suspension recommendation. Unless
such petition is filed, the noncompliance is deemed agreed. The MCLE
Board shall report the lawyer's noncompliance to the Supreme Court
with its recommendations for appropriate action. The Supreme Court
shall enter such order, as it deems appropriate. The provisions of
RAP 17.4 and RAP 17.5 shall apply to any motion for reconsideration
of such order.
(4) Petition Filed. If such petition is filed, in its consideration
of the petition, the MCLE Board shall consider factors of undue
hardship, age, or disability. One of the following shall result from
consideration of a petition:
(A) Approval without hearing. The MCLE Board may, in its
discretion, approve the petition without hearing, or
(B) Agreement with lawyer. The MCLE Board may enter into
agreement on terms with such lawyer as to time and requirements
for achieving compliance with the provisions of APR 11.2(a) and
APR 11.6(b) or
(C) Hearing on petition. If the MCLE Board does not approve such
petition or enter into an agreement with terms, the MCLE Board
(or a subcommittee of one or more MCLE Board members) shall hold
a hearing upon the petition.
(i) The Board shall give the lawyer at least 10 days
notice of the time and place thereof.
(ii) Testimony taken at the hearing shall be under oath,
and an audio or stenographic record will be made at the
request and expense of the lawyer. The oath shall be
administered by the chairperson of the MCLE Board or the
chairperson of the subcommittee.
(iii) For good cause shown the MCLE Board may rule that
the lawyer has substantially complied with these rules for
the reporting period in question or, if he or she has not
done so, it may grant the lawyer an extension of time
within which to comply upon terms deems appropriate.
(iv) For each hearing, the MCLE Board shall enter written
findings of fact and an appropriate order. The MCLE Board
shall mail a copy of the findings and order forthwith to
the lawyer at the address on file with the Bar Association.
(v) The MCLE Board's order is final unless within 10 days
from the date thereof the lawyer files a written notice of
appeal with the Supreme Court and serves a copy of on the
Washington State Bar Association. The lawyer shall pay to
the Clerk of the Supreme Court a docket fee of $250.00.
(d) Review by the Supreme Court. Within 15 days of filing a notice with
the Supreme Court for review of the MCLE Board's findings and order, after
a non-compliance petition hearing, the lawyer shall cause the record or a
narrative report in compliance with RAP 9.3 to be transcribed and filed
with the Bar Association.
(1) The MCLE Board chairperson or chairperson of the subcommittee
shall certify that any such record or narrative report of proceedings
contains a fair and accurate report of the occurrences in and
evidence introduced in the cause.
(2) The MCLE Board shall prepare a transcript of all orders,
findings, and other documents pertinent to the proceeding, before the
MCLE Board, which must be certified by the MCLE Board chairperson or
chairperson of the subcommittee.
(3) The MCLE Board shall then file promptly with the Clerk of the
Supreme Court the record or narrative report of proceedings and the
transcripts pertinent to the proceedings before the MCLE Board.
(4) The matter shall be heard in the Supreme Court pursuant to
procedures established by order of the Court.
(e) Time. The times set forth in this rule for filing notices of appeal
are jurisdictional. The Supreme Court, as to appeals pending before it,
may, for good cause shown:
(1) Extend the time for the filing or certification of said record
or narrative report of proceedings and transcripts; or
(2) Dismiss the appeal for failure to prosecute the same diligently.
(f) Costs. If the lawyer prevails in his or her appeal before the Supreme
Court, the lawyer shall be awarded costs against the Bar Association in an
amount equal to his or her reasonable expenditures for the preparation of
the record or narrative report of proceedings.
(g) Change of Status. Once a lawyer has been ordered suspended from
practice for noncompliance with these rules, the lawyer affected must
comply with the then applicable regulations of the MCLE Board and the WSBA
Bylaws in order to return to active status.
[Amended effective May 14, 1982; September 1, 1992; January 1, 2001; January 1, 2009.]
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