For purposes of 2.54(A)(3) and 2.54(A)(4), attorneys are exempt who are required by the State Bar of California to maintain an active license as a result of the duties they are required to perform by virtue of their employment with the State of California or the United States government.
An example of those exempt are law clerks.
Yes. However, retired attorneys (annuitants) and consultants do not meet the standard of being a permanent or probationary employee and are not exempt from MCLE compliance.
No. Part-time employees can be exempt as long as they are permanent or probationary employees who do not otherwise practice law. The words "those employed full-time ... who do not otherwise practice law" in sections 2.54(A)(3) and 2.54(A)(4) refer to employees "employed on a permanent or probationary basis, regardless of their working hours, who do not practice law in California" except as employees of the State of California or the United States government.
Yes. You lose your exemption for the entire compliance period, with the exception of "qualified" pro bono work (see details below).
Full-time employees of the State of California or the United States government are exempt under 2.54(A)(3) and 2.54(A)(4) only if the sole legal work done by the attorneys is within the scope of their employment.
If these attorneys engage in any legal activity outside the scope of their employment, including pro bono work (see below for exception) or legal work for the attorney personally, close friends or immediate family (such as drafting a will for a relative, reviewing a contract for a non-profit association of which the attorney is a member and giving advice respecting it, they are not covered by the exemption of section 2.54(A)(3) and 2.54(A)(4) and must comply with the full MCLE requirements.
Exempt
Attorney employees of California Superior Courts
Attorneys employed by the State of California who pass judgment or opinion on the law as part of their job duties.
Law Clerks provided they are employed on a permanent or probationary basis
Attorneys employed by the military services (acting within the scope of their employment)
Nonexempt:
Attorneys employed by the University of California
Attorneys employed by the State Bar of California
District attorneys and public defenders
Annuitants, contractors, and consultants
Attorneys performing work on behalf of the State or Federal Government as part of their employment by a nongovernment entity.
No. Superior Court attorney employees are “Employees of the State of California” who are exempt from MCLE.
Officers and elected officials of the State of California, those employed full-time by the State of California within a government agency, and those employed full-time by the State of California on a permanent or probationary basis, regardless of their working hours, who do not otherwise practice law.