The State Bar seeks public comment on proposed technical amendment to rule 2.53 governing Minimum Continuing Legal Education (MCLE) requirements for new licensees.
Deadline: April 26, 2021
Comments should be submitted using the online Public Comment Form. [Link removed; this comment process is archived.] The online form allows you to input your comments directly and can also be used to upload your comment letter and/or other attachments.
On September 30, 2020, the Board of Trustees of the State Bar filed a request with the Supreme Court of California for approval of a California Rule of Court to create a temporary provisional licensure program for all persons who became eligible to sit for the California Bar Examination under Business and Professions Code sections 6060 and 6061 between December 1, 2019, and December 31, 2020. The Board’s request was granted, and rule 9.49 of the California Rules of Court became effective on November 17, 2020 (See Attachment B in the background materials).
On January 12, 2021, the Board filed a subsequent request for approval of a California Rule of Court to expand the temporary licensure program to include applicants who received a score between 1390 or higher on any California Bar Exam administered between February 2020 and July 2015. The Board’s request was granted, and rule 9.49.1 of the California Rules of Court became effective on February 1, 2021 (See Attachment C in the background materials). The Supreme Court amended the rule on March 17, 2021, to clarify that the eligible score is between 1390 and 1439.
Rule 9.49 of the California Rules of Court defines persons participating in the State Bar’s Provisional Licensure Program as provisionally licensed lawyers and not as fully licensed lawyers.
Further, rule 9.49(e) requires that provisionally licensed lawyers complete the State Bar New Attorney Training program, as described in State Bar rule 2.53, during the first 12 months of licensure as a provisionally licensed lawyers, unless they would otherwise be exempt from this requirement under the State Bar Rules if they were admitted to the State Bar as a lawyer.
Currently, rule 2.53 requires that all newly admitted licensees complete a State Bar New Attorney Training program during their first year of admission. The proposed revision would allow New Attorney Training taken during a period of provisional licensure to count toward the satisfaction of the New Attorney Training program requirements.
Board of Trustees
April 26, 2021