Proposed amendment to MCLE Rule 2.54 regarding exemptions
Currently, State of California and federal government attorneys have an exemption from the MCLE requirement, but they lose that exemption if they do legal work outside their employment. Rule 2.54 allows them to keep that exemption if they are doing pro bono work for a legal services program funded by The State Bar of California’s Legal Services Trust Fund Program. However, for federal government attorneys working outside of California who want to do pro bono work for their local legal aid and pro bono organizations, as opposed to their colleagues who happen to be working for a federal government agency within California, they would lose their MCLE exemption if they do volunteer legal aid work.
The proposed amendment would permit federal government attorneys to volunteer outside California without losing their MCLE exemption. The proposed amendment would allow volunteer work with similarly situated legal aid programs in other states that are funded either by their jurisdiction’s IOLTA program or by the Legal Services Corporation or the Older Americans Act. A detailed discussion is provided in the related agenda item, attached below.
ANY KNOWN FISCAL/PERSONNEL IMPACT
- Aug. 12, 2011
Proposed amendments to Rule 2.54 (Attachment A)
Civil Division, U.S. Department of Justice, Pro Bono Administrative Leave Policy (Attachment B)
Board Committee on Operations
Sept. 17, 2011
Oct. 24, 2011
DIRECT COMMENTS TO
Office of Member Services
The State Bar of California
180 Howard Street
San Francisco, CA 94105