RULE 402 Education Requirement – Report

Idaho Bar Commission Rules

SECTION IV Mandatory Continuing Legal Education

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*RULE 402. Education Requirement – Report

Except as provided in Rule 410 for lawyers licensed and practicing principally in Oregon, Utah or Washington, all active lawyers shall complete and report continuing legal education credits as provided in the following subsections.

*(Rule 402 amended 2-7-97 – Effective 7-1-97)

*(a) Minimum Requirement; Ethics Requirement; Specialists

(1) Each active member of the Idaho State Bar shall complete a minimum of thirty (30) credit hours of accredited continuing legal education activity in each and every three (3) year period following the date of his or her admission to the practice of law in this state.

(2) Beginning with those lawyers scheduled to report on December 31, 1993, and thereafter, at least two (2) credit hours of continuing legal education shall be in courses on legal ethics or professional responsibility approved by the Board of Commissioners or its designee.

(3) Lawyers holding themselves out as specialists or certified specialists, as provided in Section X of these Rules, shall complete a minimum of thirty (30) approved credit hours of continuing legal education activity in each specialty field during the reporting periods described above.

(4) Fulfillment of the credit requirements set forth in subsections (2) and (3) above may be concurrent with the requirements of subsection (1), and/or with each other.

*(Section (a) amended 4-1-91, and 4-14-93 – Effective 1-1-94)

(b) Attendance Period. The attendance period shall be based upon the calendar year; provided, however, that attorneys admitted after January 1, 1984 may, during the calendar year of their admission, earn continuing legal education credits which shall apply only to the first period for which a report shall be filed as provided in subsection (c)of this Rule.

(c) Report. Each attorney subject to these Rules shall file a written report, on a form prescribed by the Board, as provided in this Rule.

(1) Content of Report. The report shall set forth the record of the attorney’s compliance with these Rules during the attendance period and shall contain at least:

(A) A list of the courses attended;

(B) The dates of attendance;

(C) The sponsoring organization;

(D) The hours attended, rounded to the nearest tenth of an hour; and,

(E) The attorney’s signature, under penalty of perjury.

(2) Place of Filing. The report of compliance with the continuing legal education requirement shall be filed with the Executive Director of the Idaho State Bar.

*(3) Time of Filing. The report shall be filed on, or prior to, February 1 in the year immediately following the calendar year within which the attorney is required to complete the continuing education requirement.

*(Section (3) amended 6-10-98 – effective 7-1-98)

*(d) Verification of Compliance. The Executive Director shall cause up to ten percent (10%) of the reports of compliance filed with his or her office to be randomly reviewed for determination of compliance.

*(Section (d) amended 3-1-88)

(e) Exemptions. Exemptions from the mandatory continuing legal education, but not the reporting, requirements may be granted as follows:

(1) Eligibility. An exemption may be granted to:

(A) an active member for a period of not more than one (1) year upon a finding by the Executive Director of special circumstances unique to that member constituting undue hardship.

(B) An active member over the age of seventy-two (72) upon a finding by the Executive Director of good faith reasons why such member is unable to comply with these Rules.

(2) Request for Exemption. An exemption from the continuing legal education requirements may be sought by filing a written request, setting forth the reasons for the requests, to the Executive Director.

(3) Time for Filing. A request for exemption from the continuing legal education requirements must be filed with the Executive Director at least sixty (60) days prior to the end of the three-year reporting period established by Rule 402(a).

*(f) Practical Skills Seminar. Within twelve months of admission to the Idaho State Bar, each lawyer is required to complete a practical skills seminar approved for that purpose by the Idaho State Bar.

(1) Deferral. A lawyer may seek to extend the time period set forth for completion of the practical skills seminar by filing a written petition with the Executive Director within the one year period, seeking a deferral. The Executive Director may grant the deferral upon a showing that completion of the practical skills seminar would cause a substantial hardship on the petitioner.

(2) Noncompliance. Failure to comply with the requirements of these subsections shall subject a lawyer to the provisions of Rule 406.

(3) Exemption. Lawyers who have been continuously admitted to practice before the highest court of another state or the District of Columbia for five years at the time of their admission in Idaho shall be exempt from the requirements of this subsection.

a. Lawyers admitted pursuant to IBCR 204A and who have been continuously admitted to practice before the highest court of another state or the District of Columbia for five years at the time of their admission in Idaho are required to complete the continuing legal education requirements set out in IBCR 204A(e).

(4) Effective Date. Only lawyers admitted after the effective date of this rule shall be required to comply with the provisions of this subsection.

*(Section (f) added 2-13-92 – Effective 1-1-93 and amended 8-12-03 – Amended 9-15-05 effective 10-1-05; amended June 5, 2006)