WSR 04-15-032

RULES OF COURT

STATE SUPREME COURT


[ July 8, 2004 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO APR 11, REGULATIONS 103(g) AND 110 )

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ORDER

NO. 25700-A-796


The Washington State Bar Association having recommended the adoption of the proposed amendments to Regulations 103(g) and 110 to APR 11, and the Court having determined that the proposed amendments will aid in the prompt and orderly administration of justice and further determined that an emergency exists which necessitates an early adoption;

Now, therefore, it is hereby

ORDERED:

(a) That the amendments as attached hereto are adopted.

(b) That pursuant to the emergency provisions of GR 9(i), the amendments to Regulations 103(g) and 110 of APR 11, will be published in the Washington Register, Washington State Bar Association and Administrative Office of the Court's websites and, in addition to the above, the amendments will also be published in the Washington Reports and will become effective upon publication.

DATED at Olympia, Washington this 8th day of July 2004.
Alexander, C. J.


Johnson, J.


Bridge, J.


Madsen, J.


Chambers, J.



Owens, J.


Ireland, J.


Fairhurst, J.




PROPOSED AMENDMENT

REGULATIONS OF THE WASHINGTON STATE BOARD OF

CONTINUING LEGAL EDUCATION


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 in cases of undue hardship, age or infirmity. Requests 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) Exemptions Based on Undue Hardship Age, Restricted Practice or Disability. Exemptions from the continuing legal education requirement, or waiver, or modification of such requirement, based upon undue hardship, age and/or restricted practice or disability should be granted only sparingly. Consequently, before the CLE Board will consider granting an application for exemption, waiver, or modification requests for exemptions or waivers based upon any of those these grounds, it must be satisfied, by appropriate and properly executed affidavit, that the individual making such request is not, or will not, be engaged in the unsupervised practice of law. 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 engaged in and will not be engaged in the unsupervised practice of law during the relevant period. Such affidavit may be in the form of a sworn statement that the affiant has completely retired from the practice of law.

Upon the receipt of such an affidavit, the CLE Board may, in its discretion, grant the exemption or waiver requested on the basis of the statements contained therein. Affidavits so submitted 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 the 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 modifications from the continuing legal education requirements may be revoked by the CLE Board upon a change in the facts or circumstances upon which such exemption, waiver, or modification was granted.

(c) Exemptions Based on 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) Exemptions Based on 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 their terms of office and while otherwise members in good standing with 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: (a) (1) serving in the legislature of any other state; (b) (2) serving in the administrative branch of any state government; or (c) (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. [Regulation 110 amended effective May 2, 2000.]

(f) Active Military Duty. Members employed by the military may be granted an exemption, waiver, or modification upon proof of undue hardship.


PROPOSED AMENDMENTS


REGULATIONS OF THE WASHINGTON STATE BOARD OF


CONTINUING LEGAL EDUCATION



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 direct legal advice, representation, or other legal assistance to a 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 direct advice, representation, or assistance.

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

Reviser's note: The typographical errors in the above material occurred in the copy filed by the State Supreme Court and appear in the Register pursuant to the requirements of RCW 34.08.040.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office