RULES OF SUPREME COURT OF LOUISIANA
PART H. RULES FOR CONTINUING
(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.