RULES OF SUPREME COURT OF LOUISIANA
PART H. RULES FOR CONTINUING LEGAL EDUCATION
(a) The Mandatory Continuing Legal Education Committee (hereinafter “Committee”) shall consist of nine members. Five of the members shall be sitting or retired judges or attorneys and shall be appointed by the Court. Four of the members shall be attorneys appointed by the Louisiana State Bar Association. [amended effective January 1, 2007]
(b) Initial appointments of Committee members following the 2006 amendments to these rules shall be for staggered terms. Thereafter, Committee members shall be appointed for three year terms of office. No appointee shall serve more than two (2) consecutive three (3) year terms. An appointment to fill any vacancies due to the death, resignation or disability of a member shall be for the unexpired term only. [prior Rule 1(b) repealed effective January 1, 2007; Rule 1(c) redesignated as Rule 1(b) and amended effective January 1, 2007]
(c) The Committee shall have the following
(1) To exercise general supervisory authority over the administration of these Rules.
(2) To make and promulgate regulations that define, clarify, and assure prompt, accurate reporting of attendance at CLE activities.
(3) To inquire into and establish satisfactory procedures to ascertain the quality of programs, sponsors, and standards observed in CLE offered to members of the Bar.
(4) To grant or deny accreditation to, for the purpose of meeting the requirements of these Rules, any institution (hereafter "Sponsor") or any CLE course conducted within or without the State.
(5) To foster and encourage the offering of quality courses of CLE by qualified Sponsors at reasonable fees.
(6) To report annually and as otherwise required to the Supreme Court and to the Bar on the status of CLE within the State.
(7) To perform such other acts and duties, not inconsistent with these Rules, as are necessary and proper to improve the CLE programs within the State.
[Rule 1(d) redesignated as Rule 1(c) effective January 1, 2007]
Regulation 1.1. One of the Committee members shall be designated by the Court to chair the work of the Committee. The Committee shall, by majority vote of its members, elect a vice-chair and a secretary for such term(s) as the Committee shall designate. [amended effective January 1, 2007]
Regulation 1.2. The
Committee may elect such other officers as it may determine to be necessary
Regulation 1.3. The
Committee may organize itself into Sub-Committees of not fewer than three (3)
voting members for the purpose of considering any matters except those arising
under Rule 6.
Regulation 1.4. Under Rule 7(b), members of the Committee in the performance of their official duties shall be reimbursed for expenses subject to reimbursement policies of the Office of the Judicial Administrator, Supreme Court of Louisiana.
[amended effective January 1, 2007]
Regulation 1.5. Staff support for the work of the Committee shall be provided by the Office of the Judicial Administrator, Supreme Court of Louisiana. [amended effective January 1, 2007]
Regulation 1.6. Reports to the Supreme Court and Bar shall include recommendations on changes in these Rules and Regulations, and matters regarding their observance and enforcement.
(1) All Members residing outside of the State and not engaged in the practice of law in Louisiana.
(2) All Members who demonstrate to the satisfaction of the Committee that meeting these requirements would work an undue hardship by reason of disability, sickness, or other clearly mitigating circumstances.
(3) Active duty Members in the United States armed forces.
(4) Members of the United States Congress.
(5) All Members who have attained the age of sixty-five (65) years.
(6) All federal judges and magistrates.
(7) Members licensed to practice law in the State of Louisiana residing in the state but not engaged in the practice of law in Louisiana may qualify for restricted status and may be granted a waiver of compliance with the educational requirements of these Rules. This exemption shall not apply to law clerks.
Regulation 2.1. Non-resident attorneys from other jurisdictions who are temporarily admitted to practice for a particular case or proceeding shall not be subject to these Rules.
Regulation 2.2. Members who are exempt from the requirements of these Rules are nonetheless encouraged to attend and participate in CLE programs.
(a) Each Member shall attend, or complete an approved substitute for attendance, a minimum of twelve and one half (12.5) hours of approved CLE each calendar year. [Amended effective January 1, 2003]
(b) Any newly admitted active Member shall, during the year of his or her admission through the next calendar year, attend twelve and one half (12.5) hours of approved CLE and not less than eight (8) of such hours shall concern legal ethics, professionalism, or law office management. A newly admitted active member is not required to comply with subsections (a) or (c).
Law office management concerns knowledge and skill of office practice including courses on how to:
a. Open and operate a client trust account;
b. Establish a calendar (tickler) system;
c. Communicate with clients;
d. Set fee arrangements, send engagement letters, and establish billing procedures;
e. Avoid and/or obtain help for substance abuse problems;
f. Supervise staff;
g. Organize files;
h. Utilize a conflicts check system;
i. Handle a disciplinary complaint;
j. Terminate representation; and
k. Return files.
[Amended effective January 1, 2003]
(c) Of the twelve and one half (12.5) hours of CLE required annually, not less than one (1) of such hours shall concern legal ethics, and not less than one (1) of such hours shall concern professionalism.
Legal ethics concerns the standard of professional conduct and responsibility required of a lawyer. It includes courses on professional responsibility and malpractice. It does not include such topics as attorneys' fees, client development, law office economics, and practice systems, except to the extent that professional responsibility is discussed in connection with these topics.
Professionalism concerns the knowledge and skill of the law faithfully employed in the service of client and public good, and entails what is more broadly expected of attorneys. It includes courses on the duties of attorneys to the judicial system, courts, public, clients, and other attorneys; attorney competency; and pro bono obligations.
Legal ethics sets forth the standards of conduct required of a lawyer; professionalism includes what is more broadly expected. The professionalism CLE requirement is distinct from, and in addition to, the legal ethics CLE requirement. [Amended effective January 1, 2003]
(d) Self-study credits shall be offered as an approved substitute to in-person attendance at CLE activities. Credit for self-study shall consist of participation in technological transmissions, including live or prerecorded audio and/or audiovisual presentations and activities or other appropriate technology as approved by the MCLE Committee. Credit for attendance at such self-study courses shall be limited to four (4) hours annually. [Amended effective June 5, 2003]
(e) Except for CLE activities for which attendance cards are completed and forwarded by sponsors in accordance with Regulation 5.2.2 through 5.3.1, all Members shall submit to the Committee records pertaining to their compliance no later than January 31 of the following calendar year, pursuant to the conditions set forth in these Rules and Regulations. [Added and effective June 5, 2003]
(f) Louisiana state court judges shall be required to earn a minimum of 5 of the 12.5 hours of CLE required annually from programs sponsored by the Louisiana Judicial College, starting on January 1 of the year following their election to judicial office. [Enacted effective January 1, 2013]
Regulation 3.1. To meet the minimum requirements of Rule 3, each Member must obtain credit for not less than twelve and one half (12.5) hours of CLE per calendar year. [Amended effective January 1, 2003]
Regulation 3.2. An instructional hour must contain at least sixty (60) minutes, with no credit given for introduction of the speaker, meal breaks, or business meetings. [Amended effective January 1, 2003]
Regulation 3.2(a). For self-study credit as defined in Rule 3(d), the assignment of credit hours for such activities will include consideration of estimates of average completion time, volume of material, opportunities for interaction, duration of program and other factors as deemed appropriate by the Committee. [Added and effective June 5, 2003]
Regulation 3.3. Members who have a permanent physical disability that makes attending CLE programs inordinately difficult may file a request with the Committee for approval of a permanent substitute program in lieu of attendance and shall therein set out CLE plans tailored to their specific interests and physical abilities. The Committee shall review and approve or disapprove such requests on an individual basis and without delay. Rejection of any requested substitute for attendance shall be reviewed as provided in Rule 6 prior to any sanction being imposed.
Regulation 3.4. Other requests for substituted compliance, partial waivers, or other exemptions for hardship or extenuating circumstances may be granted by the Committee upon written application of the member and shall likewise be reviewed as provided in Rule 6.
Regulation 3.5. As provided in Rule 5(b), hours of credit in excess of the minimum annual requirement may be carried forward for credit in the succeeding calendar year. Such hours, however, must be reported in the Annual Report of compliance for the year in which they were earned and must be designated as hours to be carried forward.
Regulation 3.6. Credit will be given only for approved CLE activities. Under exceptional circumstances, approval by the Committee may be given retroactively.
Regulation 3.7. Credit may also be earned through teaching in an approved CLE activity. Presentations accompanied by thorough, high quality, readable, and carefully prepared written materials will qualify for CLE credit on the basis of six (6) hours of credit for each instructional hour of presentation. Presentations accompanied by one or two page outlines or not accompanied by written materials will qualify for CLE credit on the basis of three (3) hours of credit per hour of presentation. Repeat presentations qualify for one half of the credits available for the initial presentation. To receive credit, the member shall submit MCLE Form 4.
Regulation 3.8. Credit may also be earned through teaching a course in an American Bar Association accredited law school. The Committee will award six (6) hours of CLE credit for each hour of academic credit awarded by the law school for the course. Similar credit may be earned through teaching an undergraduate course on law in an accredited college or university. To receive credit, the member shall submit MCLE Form 4.
Regulation 3.9. Credit may also be earned through authorship of a law review article on matters of law published by an American Bar Association accredited law school, or through authorship of a book on matters of law published by a recognized publishing company. The Committee will award six (6) hours of CLE credit for each such article or book published. Any attorney may petition the Committee for credit for authorship of articles on matters of law published in other publications. The article must comply with the provisions of Regulation 4.1(a) and (b). To receive credit, the member shall submit MCLE Form 5.
Regulation 3.10. Credit may also be earned through service as a bar examiner or assistant bar examiner in Louisiana. The Committee will award eight (8) hours of CLE credit annually for service as a member of the Committee on Bar Admissions and six (6) hours of CLE credit annually for service as an assistant bar examiner to a member of the Committee on Bar Admissions, but credit shall not be allowed for both activities.
Regulation 3.11. Credit may also be earned through formal enrollment and education in an American Bar Association accredited law school. The Committee will award six (6) hours of CLE credit for each hour of academic credit awarded by the law school. [Amended effective December 10, 2001]
Regulation 3.12. Credit may also be earned through attendance at meetings of the Council of the Louisiana Law Institute or committee meetings of the Institute on the basis of one hour of CLE credit for two hours of such participation, not to exceed ten (10) hours of CLE credit per year.
Regulation 3.13. Activities providing self-study credit hours through participation in technological transmissions must be pre-approved by the MCLE Committee for self-study credits. [Amended effective June 5, 2003]
Regulation 3.14. No credit will be given for activities sponsored by law firms and corporate law departments for the sole or principal benefit of their own members or employees. Credit may be awarded, however, for activities presented by public entities for the sole or principal benefit of their own employees.
The MCLE Committee considers the following four (4) factors when evaluating whether or not an activity is “for the sole or principal benefit” of a law firm or corporation’s members or employees:
(1) The course focus must be of sufficiently broad interest so as to ensure that attendance will extend to substantially more than the members of the law firms and corporate law departments;
(2) The venue must be appropriate to the audience and cannot simply be a place with extremely limited space that could effectively block outside attendance;
(3) The marketing of the course must also be appropriate, must provide for attendance by lawyers not working for the sponsoring entities and be disclosed on the official MCLE calendar in accordance with the procedures governing that calendar; and
(4) Any fee charged for attendance must be reasonable.
[amended effective October 14, 2009]
Regulation 3.15. Eight (8) hours of CLE credit per year will be given to a Member who is the Governor, a member of the Louisiana Legislature, or who serves as Secretary of the Senate or Clerk of the House of Representatives of the Louisiana Legislature. [amended effective December 5, 2016]
Regulation 3.16. Four (4) hours of CLE credit per year, with one (1) hour deemed to be in satisfaction of the Ethics requirement, shall be given to each member of (i) the Louisiana Attorney Disciplinary Board, its hearing committees, and its counsel, and (ii) the Lawyer Disciplinary Committee of the United States District Court for the Eastern District of Louisiana, for service in the disciplinary system. [amended effective November 18, 2016]
Regulation 3.17. Four (4) hours of CLE credit per year, with one (1) hour deemed to be in satisfaction of the Ethics requirement, shall be given to each member of the Judiciary Commission for service in the judicial disciplinary system.
Regulation 3.18. One (1) hour of CLE credit per year, with that one (1) hour deemed to be in satisfaction of the Ethics requirement, shall be given to each member of the Ethics Advisory Committee of the Louisiana State Bar Association.
Regulation 3.19. Six (6) hours of CLE credit per year shall be given to examiners of the Family Law, Tax, Estate Planning and Appellate Practice legal specialties. [Amended effective December 5, 2016]
Regulation 3.20. One hour of CLE credit, with that one (1) hour deemed to be in satisfaction of the professionalism requirement, shall be given to a member who arbitrates a fee dispute in the LSBA Legal Fee Dispute Resolution Program. [Added and effective February 15, 2001]
Regulation 3.21. Credit may also be earned through providing uncompensated pro bono legal representation to an indigent or near-indigent client or clients. To be eligible for credit, the matter must have been assigned to the Member by a court, a bar association, or a legal services or pro bono organization that has as its primary purpose the furnishing of such pro bono legal services and that has filed a statement with the Louisiana Committee on MCLE. A Member providing such pro bono legal representation shall receive one (1) hour of CLE credit for each five (5) hours of pro bono representation, up to a maximum of three (3) hours of CLE credit for each calendar year. To receive credit, the Member shall submit MCLE Form 6 (“Application for CLE Credit for Pro Bono Services”). [enacted effective May 1, 2015]
Credit will be given for attending CLE activities approved by the Committee.
Regulation 4.1. The following standards will govern the approval of CLE activities by the Committee:
(a) The activity must have significant intellectual or practical content and its primary objective must be to maintain or increase the participant's professional competence as an attorney.
(b) The activity must deal primarily with matters related to the practice of law, ethical obligations, or professionalism by attorneys.
(i) Credit shall be given for programs designed to increase a lawyer's practice skill and efficiency, thereby reducing the potential for malpractice claims or ethical violations and encouraging delivery of timely and cost-effective client service. Additionally, credit shall be given for programs concerning the use of automation, computerization, data processing or other applications of technology; case or information tracking or management systems; calendar or docket control procedures; settlement and accounting to clients for trust funds or accounts; time billing or other law firm management systems; and effective client communications and recordkeeping and retention procedures.
(ii) Though parts of a program may meet accreditation requirements, credit shall not be given for those parts of programs which consist of marketing or client cultivation, efficient use of time, speed-reading, and motivational type presentations. No credit shall be given for vendor sponsored activities for the choosing of law office automation products. [amended effective March 14, 2012]
(iii) Topics eligible for CLE credit in satisfaction of the Ethics requirement include the independence of the lawyer in the context of the lawyer-client relationship; conflict between duty to client and duty to the system of justice; conflict in the duty to the client versus the duty to the other lawyer; the responsibility of the lawyer to employ effective client communication and relation skills to increase service to the client and foster understanding of expectations of the representation; and other programs involving disciplinary rules, rules of professional conduct, and malpractice avoidance.
(iv) Topics eligible for CLE credit in satisfaction of the Professionalism requirement include the lawyer's responsibility as an officer of the court; the lawyer's responsibility to treat fellow lawyers, members of the bench, and clients with respect and dignity; misuse and abuse of discovery and litigation; the lawyer's responsibility to protect the image of the profession; the lawyer's responsibility generally to the public service; the lawyer's duty to be informed about methods of dispute resolution and to counsel clients accordingly.
(c) The activity must be offered by a Sponsor having substantial, recent experience in offering CLE or demonstrated ability to organize and present CLE effectively. Demonstrated ability arises partly from the extent to which individuals with legal training or educational experience are involved in the planning, supervision and presentation of the activity.
(d) The activity itself must be conducted by an individual or group qualified by practical or academic experience. The program, including participation of the announced faculty members, must be conducted substantially as planned, subject to bona fide emergency withdrawals and alterations.
(e) Thorough, high quality, readable, and carefully prepared written materials must be made available to all participants at no additional charge at or before the time the course is presented, unless the absence of such materials is recognized as reasonable and approved by the Committee; mere outlines without citations or explanatory notations will not be sufficient.
(f) The activity must be conducted in a physical setting conducive to learning at a time and place free of interruptions, or by technological transmission in self-study, as defined in Rule 3(d). [Amended effective June 5, 2003]
(g) Approval may be given for activities in which electronically recorded or reproduced material is used. Time spent viewing videotapes as part of a CLE activity approved for conventional continuing legal education credit by the MCLE Committee counts as conventional continuing legal education and is not subject to the self-study limitation. [Amended effective June 5, 2003]
(h) Approval may be given for activities that cross academic lines (e.g., an accounting-tax seminar).
(i) At the conclusion of an approved program or activity, each attending Member must be given the opportunity to complete an evaluation questionnaire addressing the quality, effectiveness and usefulness of the particular activity. Within thirty (30) days of the conclusion of the activity, a summary of the results of the questionnaires must be forwarded to the Committee. If requested, copies of the questionnaires must also be forwarded to the Committee. Sponsors must maintain the questionnaires for a period of 90 days following a program, pending a Committee request for their submission.
(j) The costs of the program itself to the attending member, apart from optional meals, lodging, travel, etc., must be reasonable considering the subject matter, instructional level, supporting documentation and educational material, and the necessary costs of the Committee.
(k) No examination or testing shall be required at any CLE activity unless for the purpose of attendance verification at technologically transmitted self-study courses. [Amended effective June 5, 2003]
(l) Approval shall not be given for any activity conducted in whole or part for the purpose of raising campaign funds for an elected official or any candidate for public office.
(m) Approval of CLE credit may be withheld from any Member by the MCLE Committee in the event of nonpayment of course fees for any program which offers CLE credit hours. After any event that offers CLE credit, the provider shall notify the MCLE Department by certified mail of an attorney's failure to pay, including supporting documentation of attempts to collect. The MCLE Department shall notify the Member by certified mail, giving notice of revocation of credits unless full payment or a satisfactory substitute is received by the provider within seven days. If satisfactory compensation is not received within seven days, provider will notify the MCLE Department, who will then revoke credits for that program.
Credit will not be restored without full payment of the course and a $50 processing fee. If credits are revoked and a member does not satisfy the annual requirement by the January 31st compliance reporting deadline, then a late compliance fee of $150 will also be assessed. [amended effective January 1, 2007]
In such cases where payment conditions are reasonably disputed by the Member, then such cases will not be accepted for revocation of credit. [Added effective December 10, 2001]
Regulation 4.2. Approved Sponsors
(a) All sponsors who seek approval for in-state CLE programming must first be approved as a provider of continuing legal education in Louisiana. An application for sponsor accreditation must be submitted with an annual $100 nonrefundable application fee to the MCLE Committee. Upon approval of this application, the provider is conditionally approved for continuing legal education for one year. If the provider is approved for three consecutive years by the Committee, then the provider may apply for permanent approved provider status pursuant to Regulations/Rule 7.1.
(b) Eligibility for approved provider status shall be extended to local, district and state bar associations, ABA accredited law schools, and other organizations that consistently provide CLE to the legal community. Governmental agencies offering programming to their employees and non-profit organizations who offer programs for the public benefit may be exempted from the sponsor application fee through petition to the Committee.
(c) The Committee retains the right to refuse approval to providers who do not comply with the requirements of these Rules pertaining to program sponsors.
(d) The Committee may waive the $100 sponsor application fee for an out-of-state provider who can demonstrate its qualifications to offer CLE on a one time only basis.
Regulation 4.3. Approved activities may be advertised in informational brochures, program materials and advertisement via the web, as provided by the Sponsors. [Amended effective June 5, 2003]
Regulation 4.4. The Committee may at any time evaluate an activity and revoke approval of it. The Committee may at any time evaluate a sponsor and revoke its status as a presumptively approved sponsor.
Regulation 4.5. A CLE activity may be accredited on an individual program basis upon written application by an approved sponsor. An application for such CLE activity approval shall:
(a) be submitted at least forty-five (45) days in advance of the activity, although the Committee may in its discretion, upon showing of good cause, grant retroactive approval;
(b) Be submitted on a form provided by the Committee or transferred electronically via a format approved by the Committee; [Amended effective June 5, 2003]
(c) contain all information requested on the form; and
(d) be accompanied by a sample brochure or course outline that describes the course content, identifies the instructors and their credentials, lists the time devoted to each topic, and shows each date and location at which the program will be offered.
Regulation 4.5.1. A member may request approval of an out-of-state CLE activity if the Sponsor does not apply for approval. That activity may qualify as self-study. [Amended effective June 5, 2003]
Regulation 4.6. The Sponsor of an approved CLE activity may announce or indicate as follows:
"This course or a portion thereof has been approved by the Mandatory Continuing Legal Education Committee of the Louisiana Supreme Court for a maximum of ____ hours credit."
Regulation 4.7. The Bar shall provide CLE courses and seminars at reasonable times and places, not less frequently than once a year, at which coverage of the following subjects shall be made.
(a) Appellate court decisions of general interest.
(b) Recent developments in the law of general interest.
(c) Federal and state legislation of general interest.
(d) Legal ethics and professionalism and opinions thereon, including a summary of the most numerous violations of the disciplinary rules for the past twelve (12) months.
(e) Others as approved or directed by the Committee.
RULE 5. ANNUAL REPORT
(a) On or before December 1 of each calendar year, the MCLE Committee will send to each member a preliminary report of compliance with the MCLE requirements for that year. The report will be mailed to the Members’ primary registration statement address or preferred mailing address.
[Amended effective November 6, 2007]
(b) Hours completed in any year in excess of the minimum number may be carried forward to satisfy the requirements for the year next following.
(c) On or before March 15 the MCLE Committee will forward to each non-complying Member a final transcript of compliance for the preceding calendar year. Such members shall correct any error(s) in the final transcript by forwarding to the MCLE Committee a written explanation of any such error(s) by March 31st. Members whose transcripts reflect compliance with the MCLE requirements of this Rule shall not receive a copy of their final transcript, but shall receive email notification reflecting such compliance.
[Amended effective September 18, 2014]
Regulation 5.1. (a) On or before December 1 of each calendar year, the MCLE Committee shall mail a preliminary report of compliance (hereinafter “Preliminary Transcript”) to each member. The report shall list his or her current record of compliance for that year.
[Amended effective November 6, 2007]
(1) If the Preliminary Transcript is accurate and the Member is compliant, no further action is necessary.
(2) In the event a Member qualifies for an exemption under Rule 2, that Member must claim the appropriate exemption by completing an exemption form and returning it to the MCLE Committee no later than January 31 of the following calendar year. Members claiming an exemption pursuant to Rule 2(1), (2), (3) and (7) must qualify for and claim an exemption annually for each year that the exemption is applicable to their MCLE status.
[Amended effective November 6, 2007]
(3) If the Preliminary Transcript is not accurate, that Member must report to the MCLE Committee any outstanding records of compliance pursuant to the conditions set forth in these Rules no later than January 31 of the following calendar year.
(4) If the Member has not earned the required hours, that Member must comply with the twelve and one half hour requirement by no later than December 31 of that calendar year. [Amended effective January 1, 2003]
(b) Newly admitted members of the bar shall comply with the CLE requirements outlined in Rule 3(b) or claim an exemption pursuant to Rule 2.
[Amended effective November 6, 2007]
Regulation 5.2. Each Member shall complete an MCLE Attendance Card while in attendance at an accredited CLE activity held in Louisiana or held out-of-state by a Louisiana-based sponsor.
Regulation 5.2.1. Attendance cards will be provided by the CLE sponsor.
Regulation 5.2.2. The Member must complete a card while in attendance and leave the card with the sponsor for submission to the Committee for inclusion in the Member's CLE record.
Regulation 5.2.3. The sponsor shall submit the completed cards or certification of attendance to the Committee within thirty days after the date of the activity.
[Amended effective November 6, 2007]
Regulation 5.2.4. Attendance cards will not be accepted from an individual Member.
Regulation 5.2.5. All hours earned through participation in technological transmissions must be reported to the sponsor/provider on an MCLE attendance card or certification of attendance no more than fourteen (14) days after the self-study course is provided to the Member. The sponsor/provider must submit the completed card or certification of attendance directly to the Committee within fourteen (14) days of receipt of the card. Facsimile or other electronic transmissions are acceptable for reporting and submission purposes. [Amended effective November 6, 2007]
Regulation 5.3. Attendance records for a CLE activity held outside Louisiana by an out-of-state sponsor shall be submitted to the Committee by the CLE sponsor within thirty (30) days after the date of the activity.
Regulation 5.3.1. The submission shall include an alphabetical list of Louisiana attendees with Bar I.D. number and credit hours earned. [Amended effective December 12, 2001]
Regulation 5.3.2. If the sponsor does not submit satisfactory documentation to the Committee, a member may request credit by submitting MCLE Form 3, "Request by a Member for Approval of an Out-of-State CLE Activity."
Regulation 5.4. Hours carried forward to a year shall be credited toward completion of the requirements for that year before crediting hours earned during that year.
Regulation 5.5. In no event shall more than eight (8) hours be carried forward to another year. However, no portion of any hours carried forward shall include those mandatory hours of CLE concerning the respective Ethics and Professionalism requirements as is mandated by Rule 3(c) of these rules and regulations. [Amended effective January 1, 2003]
RULE 6. NONCOMPLIANCE AND SANCTIONS
(a) As soon as practical after January 31 of each year, the Committee shall compile the following:
(1) A list of those Members who have complied with Rule 3.
(2) A list of Members whose transcripts indicate that they have not complied with the requirements of Rule 3.
[Amended effective July 26, 2011]
(b) The Committee shall then mail a notice of noncompliance with MCLE requirements to each attorney at the Member's official address of record. That attorney must, within sixty (60) days of the date the notice is mailed, furnish the Committee with the following:
(1) Documentary proof that the Member has complied with the requirements, or
(2) An affidavit or documentary proof setting forth the reasons for failure to comply with the requirements because of illness or other good cause, or
(3) Documentary proof indicating compliance with satisfactory substitutes to compensate for failure to comply timely.
[Amended effective April 1, 2005]
(c) Any Member who fails to timely comply with the requirements of these Rules and Regulations for earning hours by the December 31st deadline or for reporting compliance by the January 31st deadline shall be assessed a delinquency penalty of $150.
Any Member, whether in regular practice or claiming an exemption, who has previously been noncompliant within the five years preceding the current reporting year will automatically incur an additional $50 penalty calculated at the rate of $50 per year for each noncompliant year within the five year period. [Amended effective July 26, 2011]
(d) Documentary proof of compliance furnished after the January 31 deadline must be accompanied by the delinquency penalty or the documentary proof will not be accepted by the Committee.
(e) At the expiration of sixty (60) days from the date of notice to the Member, the Committee shall notify the Supreme Court of Louisiana of a Member's failure to furnish documentation as described in Rule 6(b) above, satisfactory to the Committee, to establish compliance or a valid excuse for noncompliance, or failure to comply with a satisfactory substitute, or failure to pay the delinquency penalty described in Rules 6(c) and (d) above, and shall request that the Court certify the Member ineligible to practice law. The Committee shall not request certification of ineligibility for a judge, but rather shall report to the Judiciary Commission any judge's failure to comply with the requirements of these rules.
(f) At any time after notice of noncompliance to the Supreme Court, a Member may file with the Committee documentary proof indicating compliance with Rule 3 of these Rules or compliance with satisfactory substitutes to compensate for failure to comply timely with such Rule; and if satisfactory to the Committee, it shall forthwith notify the Supreme Court for appropriate action, including reinstatement if the Member has been certified ineligible to practice law.
(g) Any Member affected adversely by a decision of the Committee, including a decision to request that the Supreme Court certify the Member ineligible to practice law, may apply for review of the decision by filing a written petition, with supporting materials, to the Supreme Court of Louisiana, within thirty (30) days of such adverse decision. [Amended effective July 26, 2011]
Regulation 6.1. When a Member fails to comply with the requirements of these Rules and Regulations, the Committee will send a notice of noncompliance (hereafter "Noncompliance Report Form") specifying the failure and giving the Member sixty (60) days from the date of the mailing of the notice to correct the deficiency and show compliance with the requirements. [Amended effective April 1, 2005]
Regulation 6.2. A Member to whom the Noncompliance Report Form is sent must use the sixty-day period to obtain the required number of credit hours needed for compliance. Credit hours earned during this period shall be applied toward the previous year's requirement until the necessary hours are earned, and then up to eight hours may be carried forward to meet the current year's requirement. [Amended effective January 1, 2003]
Regulation 6.3 A Member who fails to comply with the requirements within the sixty-day period shall be reported to the Clerk of the Supreme Court for certification of the Member's ineligibility to practice law.
Regulation 6.4 The Committee shall transmit the name of a Member who receives an Order certifying the Member's ineligibility to practice law to all courts in this state thirty days after the Supreme Court has notified the Member of the certification of ineligibility for failure to comply with the Rule.
Regulation 6.5. A Member who has been certified ineligible to practice law because of noncompliance may be reinstated by filing a report with the MCLE Committee that complies with the requirements and by paying a nonwaivable reinstatement fee of $100. The Member must obtain the necessary credit hours during the period of ineligibility to meet the requirements for all years of noncompliance. [Amended effective October 11, 2007]
Regulation 6.6. Upon receipt of a report showing satisfactory compliance with the requirements and payment of the reinstatement fee, the Committee will notify the Clerk of the Supreme Court that the member has satisfied the requirements.
RULE 7. FEES AND EXPENSES
(a) The Committee may contract with one or more Sponsors, and may charge an application fee to Sponsors seeking approval of programs. All funds received from any contract or fees shall be used to defray the expenses of the Committee.
(b) Members of the Committee shall not be compensated but shall be reimbursed for expenses incurred by them in the performance of their duties, in accordance with reimbursement policies of the Office of the Judicial Administrator, Supreme Court of Louisiana. [amended effective January 1, 2007]
Regulation 7.1. An application fee of $100 shall be assessed sponsors who apply for permanently approved status. Sponsors who have been previously granted presumptively approved status shall be exempt from payment of the fee.
Regulation 7.2 For all courses held within the State of Louisiana, or held out of state by a Louisiana-based sponsor, an accreditation fee of $50 per activity shall be assessed directly to the sponsor, to be paid upon submission of the course. The fee will be levied for each date and location in which the activity is offered. The course fee shall be waived for courses that are offered free of charge to attorneys by not-for-profit organizations. [Amended effective December 10, 2001]
Regulation 7.2.1. A late filing fee of $50 will be levied on any sponsor who fails to file for accreditation at least 20 days prior to the date of the program. This fee will increase to $150 for any repeat offenses.
Regulation 7.2.2. A late reporting fee of $150 will be assessed on any sponsor who does not turn in the course attendance cards or attendance list with bar numbers and credit hours earned within 30 days of the date the course is held. [Amended effective December 10, 2001]
Regulation 7.2.3. A $500 fee will be assessed on a sponsor who does not turn in attendance for a program before the January 31 deadline for reporting for the prior year.
Regulation 7.3. For courses offered by out-of-state sponsors and held outside the State of Louisiana, a nonrefundable fee of $50 shall be assessed and paid directly by the sponsor upon application for approval of the program. [Amended effective December 10, 2001]
Regulation 7.4. A Member who requests approval of an out-of-state course must pay a $20 non-refundable processing fee. [Amended effective December 10, 2001]
[Amended effective December 5, 2016]