WSR 00-09-016

RULES OF COURT

STATE SUPREME COURT


[ April 6, 2000 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO APR 11 AND THE REGULATIONS )

)

)

ORDER

NO. 25700-A-679


The Washington State Bar Association Board of Governors recommended the adoption of the proposed amendments to APR 11 and the Regulations. Amendments were made based on comments received from the Supreme Court Clerk and Attorney General's Office. The Court having determined that the proposed amendments and regulations 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 and regulations as attached hereto are adopted.

(b) That pursuant to the emergency provisions of GR 9(i), the amendments to APR 11 and the Regulations will be published expeditiously and become effective upon publication. The effective date of APR 11.6 will be delayed until January 1, 2001.

DATED at Olympia, Washington this 6th day of April 2000.
Guy, C. J.



Madsen, J.


Johnson, J.



Alexander, J.


Ireland, J.


Talmadge, J.


Bridge, J.



RULES OF COURT

APR 11


CONTINUING LEGAL EDUCATION


Rule 11.1 Purpose


It is of primary importance to the members of the Washington State Bar Association (referred to in these rules as the Bar Association) and to the public that attorneys continue their legal education throughout the period of their active practice of law. These rules will establish the minimum requirements for continuing legal education.


RULE 11.2 Educational Requirement

(a) Minimum Requirement. Each active member of the Bar Association shall complete a minimum of 45 credit hours of approved or accredited legal education (as provided in APR 11.4) every 3 years, as provided in the regulations to this rule. If a member completes more than 45 credits in a 3-year reporting period, up to 15 of the excess credits may be carried forward and applied to that members education requirement for the next reporting period.

(b) New Admission. Newly admitted members shall complete 45 continuing legal education credits anytime during the year in which he or she is admitted after the member's date of admission or the next 4 full calendar years. If the newly admitted member earns more than 45 credits during that new admission period, up to 15 of the excess credits may be carried forward to the next reporting period. Following the new admission period, the member shall complete 45 credits every 3 years as required by APR 11.2(a).

(c) Ethics/Professionalism Component. Commencing January 1, 1996, The 45 continuing legal education credit hours required in section (a) shall include a minimum of 6 credit hours devoted exclusively to the areas of legal ethics, professionalism, or professional responsibility. The 15 credit hours that may be carried forward pursuant to section (b) may include 2 credit hours toward the legal ethics, professionalism, or the professional responsibility requirement of this section.

(d) Implementation of Ethics/Professionalism Component. Members whose reporting period terminates on December 31, 1996, shall complete and report a minimum of 2 credit hours of approved or accredited legal ethics, professionalism, or professional responsibility continuing education. Members whose reporting period terminates on December 31, 1997, shall complete and report a minimum of 4 credit hours of approved or accredited legal ethics, professionalism, or professional responsibility continuing education. Members whose reporting period terminates on December 31, 1998, shall complete and report a minimum of 6 credit hours of approved or accredited legal ethics, professionalism, or the professional responsibility continuing education.


RULE 11.3 Board of Continuing Legal Education

There is hereby established a Board of Continuing Legal Education (referred to herein as the CLE Board) consisting of seven members. Six of the members of the CLE Board must be active members of the Washington State Bar Association (referred to herein as the Bar Association). The seventh member shall not be a member of the Bar Association. The Supreme Court shall designate a chairperson of the CLE Board, who shall serve at the pleasure of the Court. The members of the CLE Board shall be nominated by the Board of Governors of the Bar Association and appointed by the Supreme Court. Of the members first appointed, two shall be appointed for 1 year, three for 2 years, and two for 3 years. Thereafter, aAppointments shall be staggered for a 3-year term. No member may serve more than two consecutive terms. Terms shall end on September 30 of the applicable year, except that no term shall end prior to September 30, 1977.


RULE 11.4 Powers of the Board of Continuing Legal Education

The CLE Board shall approve individual courses and may accredit all or portions of the entire legal educational program of a given organization which, in the CLE Board's judgment, will satisfy the education requirements of these rules. It shall determine the number of credit hours to be allowed for each such course. It shall discover and encourage the offering of such courses and programs by established organizations, whether offered within or outside of this state. The CLE Board may adopt regulations pertinent to these powers subject to the approval of the Bar Association Board of Governors and the Supreme Court. Individual compliance with the educational or time requirements of these rules may be waived or modified by the CLE Board upon a showing of undue hardship, age or infirmity. The CLE Board may set fees and fines for failure to comply with these rules, and may from time to time adjust such fees and fines, with the approval of the Bar Association Board of Governors. The CLE Board has authority to waive or reduce the fee or fine on a proper showing by the petitioner.


RULE 11.5 Expenses of the CLE Board

Members of the CLE Board shall not be compensated for their services. For their actual and necessary expenses incurred in the performance of their duties, they shall be reimbursed by the Bar Association in a manner consistent with the Association's reimbursement of its committee members. The Bar Association shall furnish the CLE Board with the necessary staff and clerical help to carry out its duties and shall pay all expenses reasonably and necessarily incurred by the CLE Board, pursuant to a budget for the CLE Board which the CLE Board shall submit annually to the Bar Association, subject to approval by the Association Board of Governors. The CLE Board and Board of Governors shall clarify in writing their relationship regarding the CLE Board's budget and personnel issues.


RULE 11.6 Reports and Enforcement

(a) Compliance Reports and Other Activities

(1) Sponsor Report. The sponsor of each approved program (or each program for which approval is sought) will make available attendance reports to be completed by those attorneys in attendance. The form of the reports will be determined by the CLE Board. Attorneys who wish credit for attending the program will complete the report and return it to the sponsor at the conclusion of the program (or earlier if the attorney does not attend the entire program). Attorneys who fail to return their forms to the sponsor may send them directly to the Bar Association. All forms must be sent to the Bar Association not later than 30 days after conclusion of the program.

(2) Other Activities. In the case of programs for which approval has not been sought or obtained, or for other activities which may qualify for CLE credit under these rules, individual attorneys may apply for credit by direct application to the CLE Board, using the form or forms specified by the CLE Board for that purpose.

(3) Confidential Reports. Not later than July 1 of each year, the Bar Association shall advise each active member required to report in the current reporting cycle of the credit hours and courses posted to their credit. A similar report shall be provided to all active members of the Bar not later than December 15 of each year. Attorneys may request changes to the reported credits for a period of forty-five days from the receipt of the report, after which the reported credits will be considered to be correct. They may be changed by a showing of good cause.

(ab) Compliance Report. Each active member shall submit a CLE compliance report as specified in the Regulations, or as approved by the CLE Board pursuant to Rule 11.4. If a member has not completed the minimum education requirement for that members reporting period, compliance may still be accomplished, as specified in the Regulations, by making up the deficiency within the first 4 months of the next succeeding calendar year, filing a supplemental report with the Bar Association by May 1 of that year and by paying a special filing late compliance fee.

(bc) Delinquency. Any member required to do so who has not complied by May 1 of each year, or such other date as is set forth in an agreement or order extending the time for compliance, hereafter, commencing with May 1, 1978, may be ordered suspended from the practice by the Supreme Court removed (or conditionally removed) from the roll of active members of the Bar and transferred to inactive status pending such members compliance with Section (a) above. To effect such suspension removal the CLE Board may by written notice to the non-complying-member advise of the pendency of suspension removal proceedings unless within 10 days of receipt of such notice such member shall complete and return to the CLE Board an accompanying form of petition which may be accompanied by affidavit(s) in support of request for extension of time for or exemption from compliance with Section (a) above or for a ruling by the CLE Board of complete compliance therewith.

(c)(1) Unless such petition be so filed, the CLE Board shall report such fact to the Supreme Court with its recommendations for appropriate action. The Supreme Court shall enter such order or conditional order as it deems appropriate. The provisions of RPA 17.4 and RAP 17.5 shall apply to any motion for reconsideration of such order.

(2) If such petition be so filed, the CLE Board may, in its discretion, approve the same without hearing, or may enter into agreement on terms with such member as to time and requirements for achieving compliance with the provisions of section (a).

(3) If the CLE Board does not so approve such petition or enter into such agreement with terms, the CLE Board (or a subcommittee of one or more CLE Board members) shall hold a hearing upon the petition and shall give the member at least 10 days notice of the time and place thereof. Testimony taken at the hearing shall be under oath and audio-recorded. tThe oath shall be administered by the chairperson of the CLE Board or the chairperson of the subcommittee. For good cause shown the CLE Board may rule that the member has substantially complied with these rules for the year reporting period in question or, if he or she has not done so, it may grant the member an extension of time within which to comply and may do so upon terms as it may deem appropriate. As to each such application the CLE Board shall enter written findings of fact and an appropriate order, a copy of which shall be mailed forthwith to the member at the address on file with the Bar Association. Any such order shall be final unless within 10 days from the date thereof the member shall file with the Bar Association at its office a written notice of appeal to the Board of Governors of the Bar Association with the Supreme Court and serve a copy of the Washington State Bar Association. The member shall pay to the clerk of the Supreme Court a docket fee of $250.00.

(4) In its consideration of petitions for relief hereunder, the CLE Board shall consider factors of hardship such as age or disability, or of restricted practice.

(d) Appeal Review to Board of Governors the Supreme Court. Any To perfect such review appeal shall be considered by the Board of Governors as its next regular meeting (unless that meeting takes place less than 5 days following the perfection of the appeal in which event it shall be the second meeting following thereafter). To perfect such appeal the member shall, at the member shall at the member's expense, within 15 days of the filing of the notice of such appeals reviews, cause to be transcribed and filed with the Bar Association a narrative report of proceedings in compliance with RAP 9.3. The CLE Board Chariperson or chairperson of the subcommittee shall certify that the any such narrative report of proceedings contains a fair and accurate report of the occurrences in and evidence introduced in the cause. Upon the filing of any such notice of appeal to the Board of Governors, the Bar Association The CLE Board shall prepare a transcript of all orders, findings, and other documents pertinent to the proceeding before the CLE Board; which transcript shall be certified by the CLE Board chairperson or chairperson of the subcommittee. The CLE Board shall then file promptly with the Clerk of the Supreme Court the narrative report of proceedings and the transcripts pertinent to the proceedings before the CLE Board. The Board of Governors may require the member to submit his or her argument in writing and it may, but shall not be obligated to, permit the member or his or her counsel to appear in person before it. The Board of Governors may affirm, reverse, or modify the ruling of the Board of Continuing Legal Education as it deems appropriate. The decision of the Board of Governors shall be reduced to writing and a copy thereof shall be mailed forthwith to the member at the member's address. The decision of the Board of Governors shall be final, unless within 10 days from the date thereof, the member shall file with the Bar Association as its office a written notice of appeal to the Supreme Court.

(d) Appeal to the Supreme Court. To perfect such appeal to the Supreme Court, the member shall at the member's expense, if testimony was taken before the Board of Governors, cause to be transmitted and filed with the Bar Association as to proceedings before the Board of Governors, a narrative report of proceedings in compliance with RAP 9.3. The president of the Bar Association shall certify that any such narrative report of proceedings contains a fair and accurate report of the occurrences in and evidence introduced in the case. The Bar Association shall prepare a transcript of all orders and other documents pertinent to the proceeding before the Board of Governors, which transcript shall be certified by the president of the Bar Association. The Bar Association shall then file promptly with the Clerk of the Supreme Court said narrative report of proceedings and the transcripts pertinent to the proceeding before the board and the Board of Governors. The matter shall be heard in the Supreme Court on the motion calendar and the provisions of RAP 17.4 and RAP 17.5 shall be applicable thereto 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 Board of Governors or the Supreme Court, as to appeals pending before it each such body respectively, may, for good cause shown:

(1) extend the time for the filing or certification of said statement of facts, or

(2) dismiss the appeal for failure to prosecute the same diligently.

(f) Costs. If the member prevails in his or her appeal before the Board of Governors or in his or her appeal to the Supreme Court, the member shall be awarded costs against the Bar Association in an amount equal to his or her reasonable expenditures for the preparation of the statement or statements of fact.

(g) Change of Status. Once an attorney has been ordered suspended from practice transferred to inactive membership status for non-compliance with these rules, the attorney affected must comply with the then applicable regulations of the CLE Board for transfer from suspended inactive to active status.


RULE 11.7 Confidentiality

The files and records of the Bar Association, as they may relate to or arise out of any failure of a member of the Association to satisfy these continuing legal education requirements, shall be deemed confidential and shall not be discussed expect in furtherance of its duties, or upon request of the attorney affected, or pursuant to a proper subpoena duces tecum, or as direct by this court. The records and information contained therein should not be available to any sponsoring organization, including the Continuing Legal Education Department of the Bar Association. In any matter referred to the Supreme Court under these rules, the file, record, briefs, and arguments shall not be subject to this confidentiality rule.


REGULATIONS OF THE

WASHINGTON STATE BOARD OF CONTINUING LEGAL

EDUCATION

Approved as Amended by the Board of Governors and Supreme Court

xx∖xx∖xx


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) An "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).

(ac) An "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.

(ed) An "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.

(de) The "CLE Board" shall mean the Washington State Board of Continuing Legal Education.

(ef) A "Quorum" of the CLE Board shall consist of four (4) or more members of the Board.

(fg) The term "Chairperson" shall mean the chairperson of the CLE Board, except where other usage of that term is indicated.

(gh) The "Executive Secretary" shall mean the executive secretary of the CLE Board.

(hi) "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.

(ij) "Teaching" in an approved continuing legal education activity shall mean and encompass the delivery of a prepared talk, lecture or address at such activity.

(jk) "Participating" in an approved continuing legal education activity shall mean and encompass (1) acting as the planning and organizing chairperson of such activity or (2) 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.

(kl) "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 Lawyer Discipline, 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 102. Continuing Legal Education Requirement


(a) As provided for in APR 11.2(a), 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. This requirement shall be prorated during the implementation period for active members who are assigned an initial reporting period of less than three years. The fifteen credit hours that may be carried forward may include two credit hours toward the legal ethics, professionalism, or professional responsibility requirement.

(e)(b) Ethics/Professionalism Requirement. As provided for in APR 11.2(c)(d), implementation of the ethics/professionalism requirement commenced on January 1, 1996. Members of Group 2 shall complete and report a minimum of two credit hours of accredited legal ethics, professionalism, or professional responsibility continuing education for the reporting period terminating December 31, 1996. Members of Group 3 shall complete and report a minimum of four credit hours of accredited legal ethics, professionalism or professional responsibility continuing education for the reporting period terminating on December 31, 1997. Members of Group 1. 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.

(a) Implementation. All members active in 1992, except those admitted in 1991 and 1992, will be assigned to three reporting groups of approximately equal numbers. Group 1 shall have a one year initial reporting period. Group 2 shall have a two year reporting period. Group 3 shall have a three year reporting period. All subsequent reporting periods shall be three years.

(b) New Admission. Attorneys admitted in 1991, 1992 and all subsequent years report credits as specified in APR 11.2(b).

(c) Carryover Credits Earned Prior to January 1, 1992. Any credits earned and reported for 1991 as carryover credits shall be claimed in the reporting period(s) covering 1992 or 1993.

(d) Carryover Credits Earned During the Initial Reporting Period. If, during the initial reporting period, an active member earns more credits than required during that period, 15 of the excess credits may be carried forward to the next reporting period, consistent with APR 11.2(a). The combined carryover from credits earned prior to January 1, 1992 and the initial reporting period shall not, however, exceed 30 credits.


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) been previously approved by the CLE Board, or (2) been afforded retroactive approval by the CLE Board pursuant to APR 11.42 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 an active a member in attendance at an approved activity after September 1, 1976. Otherwise stated, a "credit hour" equals one (1) clock hour of actual attendance.

(c) Meals and Banquets. Credit will not be giver for time spent in luncheon breaks. Credit will not be given for speeches presented at, and attendance at meals luncheon breaks and banquets. Credit may not be denied merely because continuing legal education activities are presented at a meal or banquet.

(d) An active member shall not receive credit for any course attended in preparation for admission to practice law in Washington.

(e) [RESERVED]

(f)(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 a 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 a 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 a 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 entitle to one credit hour for each sixty (60) minutes of actual attendance at a 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.

(g) An active member shall receive a maximum of one third of the continuing legal education credit required under APR 11.2(a) by viewing or listening individually to video or audio tapes approved by the Board.

(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) by viewing or listening to video or audio tapes approved by the Board 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 representation 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 representation.


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 taped seminar or program, and the date tape 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 has applied for credit by submitting Form 1.

(3) Nexus credit. Attending or teaching at a course where there is a substantial relationship to the lawyers'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 give 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 giver 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 audio tapes 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 primary 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 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.

(7) Judging or participating in law school competitions.

(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 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.

The following standards shall be met by any course or activity for which approval is sought:

(a) The course shall have significant intellectual or practical content and its primary objective shall be to increase the attendee's professional competence as a lawyer.

(b) The course shall constitute an organized program of learning dealing with matters directly relating to the practice of law and/or to the professional responsibility or ethical obligations of a lawyer.

(c) Each faculty member shall be qualified by practical or academic experience to teach the subject he or she covers.

(d) Thorough, high quality, readable and carefully prepared written materials should be distributed to all attendees at or before the time the course is presented. It is recognized that written materials are not suitable or readily available for some types of subjects; the absence of written materials for distribution should, however, be the exception and not the rule.

(e) Courses should be conducted in a setting physically suitable to the educational activity of the program. A suitable writing surface should be provided where feasible.

(f) [RESERVED]

(g) Activities which involve the crossing of disciplinary lines, such as a medicolegal symposium or an accounting-tax law seminar, may be approved.


Regulation 105. Procedure for Approval of Continuing Legal Education Activities


(a) An active member or sponsoring agency 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 agency organization may announce, in informational brochures and/or registration materials: "This course had has been approved for by the Washington State Board of Continuing legal Education ___ 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 106. Accreditation of Sponsoring Agencies Organizations


(a) The CLE Board may extend approval to a sponsoring agency organization for all of the continuing legal education activities sponsored by such agency 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 agency organization desiring to apply for status as an accredited sponsor shall submit to the CLE Board all information called for by Form No. 5 in the form required by the Board. Accreditation shall be granted or denied in accordance with the provisions of Regulation 108, herein. A primary consideration in the evaluation of such a request for status as an accredited sponsor shall be the previous experience of the agency 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 agency organization has been granted the status of an accredited sponsor, it shall be exempt from the requirement of Regulation 105(a) concerning the submission of Form No. 1, provided, however, that the number of hours of credit to be awarded for any individual continuing legal education activity sponsored by such agency shall continue to be determined by the Board. Submission of information relative to the determination of the number of such hours of credit shall be in and on such form as the Board shall prescribe. 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 agency 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) The Board may at any time re-evaluate and revoke the status of an accredited sponsor. 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.

(f) The Board may establish and assess sponsoring organizations a fee for the purpose of defraying the fully allocated costs of processing applications for accredited sponsor status, such fee to be established from time to time by the Board.


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, or a quorum of the 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 108. Executive Secretary's Determinations and Review


(a) Pursuant the 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 of the Executive Secretary or his or her delegate. The active member or the sponsoring agency 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 agency organization affected of its findings and any action taken.


Regulation 109. Submission of Information _ Reporting Attendance


(a) Compliance Report. Pursuant to APR 11.6(a), each active member shall file a completed compliance report with the Board on the form provided by the Washington State Bar Association, on the date specified on the form. A compliance report is deemed completed only if all of the requested information is provided on the report and if that information is accurate.

(b) Supplemental Report. If an active member has not completed the minimum education requirement for that member's reporting period, compliance may still be accomplished by filing the compliance report required by Regulation 109(a), showing any continuing legal education credits earned during the reporting period, and by making up the deficiency within the first four (4) months of the next succeeding calendar year, filing with the Board by May 1 a supplemental affidavit setting forth the information showing compliance, in a format similar to the compliance report, and paying, at the time of filing the supplemental affidavit, a special $150.00 fee. The filing fee shall, however, increase by $300.00 for each consecutive reporting period in which a member has deficient credits.

(c) An active member who fails to comply with the provisions of this Regulation shall be subject to the procedures and provisions of Regulation 112.


Regulation 110 109. 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 pursuant to Regulation 103(f), shall, on or before January 31st of the year next following the year in which such teaching or participating was accomplished, submit an affidavit to the Board setting forth all information required by the appropriate portion(s) of Form No. 4, concerning such teaching and/or participating in approved courses or activities during the preceding calendar year shall report additional credits pursuant to Regulation 103(d) in the member's CLE certification every three years.


Regulation 111 110. 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 for extensions, waivers or modifications shall be made in writing.

(b) Exemptions based on age, restricted practice or disability. Exemptions from the continuing legal education requirement based upon age and/or restricted practice should be granted only sparingly. Consequently, before the CLE Board will consider requests for exemptions or waivers based upon those 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. 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 shall be retained in the files of the CLE Board.

Individuals granted an exemption 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 from the continuing legal education requirements may be revoked by the CLE Board upon change in the facts or circumstances upon which such exemption was granted.

(c) Exemptions based on judicial status. Full-time judges, magistrates, court commissioners, administrative law judge, 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 terms of office and while otherwise members in good standing of the Bar Association, from the requirement 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) serving in the legislature of any other state; (b) serving in the administrative branch of any state government; or (c) 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 112 111. Noncompliance: Board Procedures


An active member who has not complied with the educational or reporting requirements of APR 11 and these Regulations by May 1st of each calendar year, may be ordered suspended from the practice of law by the Supreme Court commencing with May 1, 1978, may be removed (or conditionally removed) from the roll of active members of the Washington State Bar Association and transferred to inactive status pending compliance with APR 11 said Regulations.

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 removal 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 (cb)(1), report such fact to the Supreme Court with the CLE Board's recommendations for appropriate action. The Supreme Court shall enter such order or conditional 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 (cb)(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 with the Washington State Bar Association at its office a written appeal to of the CLE Board's of Governors of said Bar Association decision to the Supreme Court.


Regulation 113 112. Appeal


(a) Appeal to the Board of Governor Supreme Court. An adverse decision of the CLE Board may be appealed, by the active member affected, to the Board of Governors of the Washington State Bar Association Supreme Court in accordance with the applicable provisions of APR 11.6. As to such appeals, the Board of Governors, in its discretion, may direct that 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 114 113. 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 Regulation 109(b) and any other applicable 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 shall be assigned to the reporting group which, at the time of the reinstatement, is in its first year of its current 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 115 114. Reinstatement of Members Suspended from Practice Involuntarily Transferred to Inactive Status for Failure to Comply with APR 11


(a) An active member who, pursuant to APR 11.6 (c)-(g) (b)-(f), Regulation 112 or 113, is suspended from practice transferred involuntarily to inactive status for failure to comply with APR 11 and its Regulations, must make up the deficiency and fully comply with the provisions of Regulation 109(b) and any other applicable provisions of APR 11 and these Regulations before he or she can be reinstated as an active member.

(b) Once a suspended member an inactive member has complied with the immediately preceding provisions of this Regulation, the Board shall notify the Supreme Court that the suspended member inactive member has satisfied the requirements of APR 11 and these Regulations. A copy of that notification shall be sent to the suspended member inactive member.

(c) Once the Supreme Court has reinstated the suspended member inactive member, the reinstated member shall be subject to all provisions of APR 11 and its regulations and shall be assigned to a reporting period according to the provisions of Regulation 115(d) retains the original reporting period to which he or she was initially admitted to the Bar.

(d) If reinstatement occurs during the period in effect at the time of the transfer, the reinstated member retains that original reporting period. If however, reinstatement occurs after the end of the reporting period in effect at the time of the transfer, then the provisions of Regulations 114(d) apply. 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 116 115. Rulemaking Authority


The CLE Board, subject to the approval of the Board of Governors and the Supreme Court, in such cases as the same is required, 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 Board.


Regulation 117 116. 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 118 117. 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) and Regulation 109 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.

(c) This regulation shall apply to compliance reports required to the filed after June 30, 1997.

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.

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

Washington State Code Reviser's Office