Category: USB14-0405

Rule Governing the Utah State Bar – Comment Period Closed January 29, 2024

MCLE Rule Amendments

Utah Supreme Court Board of Continuing Legal Education

Proposals to move Mandatory Continuing Legal Education Rules from Chapter 14, Article 4 to Chapter 11 in a new Article 6; to repeal Chapter 14, Article 4; to then renumber rules referenced in new Article 6;  Moving the article from the chapter entitled “Rules Governing the Utah State Bar, to the chapter entitled “General Provisions.” will help to clarify the common misunderstanding of who is responsible for the requirements of legal education.  The change will be a good step to help lawyers distinguish the responsibility of the Court from the activities of the Bar.

Article 6; to clarify Board governance and make duties more transparent; The current rule does not include “the Director” in the definitions.  Including the description will help to clarify that the Director is appointed by the Court and is supervised by the Board.

Finalize instruction included in professionalism and civility; and confirm the requirements for Well-being CLE.

Expanding the definition of accredited “Professionalism and civility CLE” to include instruction on Well-being, teaching time and law practice management; incorporating the term “substance use disorder” and permitting learning about diversity, equity and inclusion.

Increasing the time period from six months to twelve months that lawyers and paralegal practitioners may remain on inactive status without complying the annual CLE requirements to ensure that they are completing the hours of required CLE.

Technical amendments to clarify that the total number of Board members is ten, excluding any additional emeritus members; and to formalize that a quorum for taking action is six.

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Rules Governing the Utah State Bar – Comment Period Closes December 17, 2020

The Supreme Court Board of Mandatory Continuing Legal Education is proposing changes to the MCLE Rules that govern licensed attorneys.  For more information, please see the attached letter from David Hirschi, Chair MCLE Board.

David Hirschi MCLE Letter

USB14-0401.

USB14-0402.

USB14-0403.

USB14-0404.

USB14-0405.

USB14-0406.

USB14-0407.

USB14-0408.

USB14-0409.

USB14-0410.

USB14-0411.

USB14-0412.

USB14-0413.

USB14-0414.

USB14-0415.

USB14-0416.

USB14-0417.

USB14-0418.

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Rules Governing the State Bar – Comment Period Closed March 10, 2017

USB 14-0110 Proposed changes to 14-110 allow inactive Bar members to serve of all Bar committees.

USB 14-0405 The changes to 14-405 clarify the rule that prohibits lawyers from switching from active to inactive and then back to active again within the same year in order to avoid MCLE compliance.

USB 14-0508 Proposed changes to Rule 14-508 requires lawyers who are administratively suspended for three years or more for failure to pay license fees to reapply for re-enrollment.

USB 14-0517 Proposed changes to 14-517(f) provide that a Bar a complaint against any lawyer employed by the Bar will be reviewed by the Ethics and Discipline Committee Chair or a special prosecutor rather than by the Office of Professional Conduct.

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Mandatory Continuing Legal Education Rules

The following proposals address changes to the MCLE rules. The most substantive proposed change allows lawyers to receive up to six hours of live continuing legal education credit for attending live, interactive webcasts that are broadcast from a Utah state courthouse to a Utah state courthouse or from the Law and Justice Center to a Utah state courthouse. The proposals also address the requirements for active Bar members living outside of Utah and practicing in other jurisdictions. The majority of the changes correct grammar and inconsistencies with other Bar rules, as well as provide clarification.
USB 14-0401. Purpose. Amend.
USB 14-0402. Definitions. Amend.
USB 14-0403. Establishment and Membership of Board. Amend.
USB 14-0404. Active status lawyers: MCLE, NLCLE and admission on motion requirements. Amend.
USB 14-0405. MCLE requirements for lawyers on inactive status. Amend.
USB 14-0406. MCLE requirements for lawyers on active military duty. Amend.
USB 14-0407. MCLE requirements for lawyers on active emeritus status. Amend.
USB 14-0408. Credit hour defined; application for approval. Amend.
USB 14-0409. Self-study categories of accredited MCLE defined. Amend.
USB 14-0410. Accreditation of MCLE; undue hardship and special accreditation. Amend.
USB 14-0411. Board accreditation of non-approved sponsor courses. Amend.
USB 14-0412. Presumptively approved sponsors; presumptive MCLE accreditation. Amend.
USB 14-0413. MCLE credit for qualified audio and video presentations; computer interactive telephonic programs; writing; lecturing; teaching; live attendance. Amend.
USB 14-0414. Certificate of compliance; filing, late, and reinstatement fees; suspension; reinstatement. Amend.
USB 14-0415. Failure to satisfy MCLE requirements; notice; appeal procedures; reinstatement; waivers and extensions; deferrals. Amend.
USB 14-0416. Lawyers on active status not practicing law; certificate of exemption. Amend.
USB 14-0417. Miscellaneous fees and expenses. Amend.

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