The State Bar seeks public comment on proposed amendments to State Bar Rules governing MCLE.
Deadline: June 23, 2023, 11:59 p.m.
Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly and can also be used to upload your comment letter and/or other attachments.
The State Bar establishes and administers the MCLE program for attorneys licensed in California. This includes regulating licensee compliance with the MCLE requirements and administering a system for approving the activities of MCLE providers.
The State Bar issued proposed amendments to the rules governing MCLE, including those applicable to licensees and MCLE providers, for a 90-day public comment period. Based on the initial public comment, the State Bar staff revised proposed amendments to select rules, described in detail below.
Proposed State Bar rule 2.84, as revised following initial public comment, would allow attorneys to receive MCLE credit for coaching students, servings as an attorney scorer, and/or presiding as judge over mock trial, moot court, arbitration, and mediation competitions at the middle school, high school, collegiate level, graduate, and law school level. Attorneys would be able to claim up to two hours of general credit during a compliance period.
The proposed revisions to the rules for MCLE providers are intended to improve efficiency, reduce duplication, and facilitate provider compliance. In response to public comments previously received, staff seeks public comment on further proposed amendments as follows:
Proposed amendments to rules 3.602(D) and (E) would clarify the distinction between a Certificate of Attendance and a Certificate of Completion that is provided to an attorney for completion of a participatory MCLE activity or a self-study MCLE activity, and the information required on each certificate.
Proposed amendments to rule 3.609 would require providers to certify that they reviewed all self-study activities within 12 months of the MAP's renewal application to ensure accuracy, relevance, and quality.
Proposed revisions to rule 3.610 would clarify the requirements for providers who wish to become MAPs in multiple legal specialties.
Proposed new rule 3.611 would allow for different fees for for-profit and nonprofit or government providers and to allow for late fees.
If proposed rule 3.611 is approved, it would allow for the State Bar to collect certain late fees and charge different application and renewal fees to for-profit and nonprofit MCLE providers.
Board of Trustees sitting as the Regulation and Discipline Committee
June 23, 2023, 11:59 p.m.