MCLE
revisions keep hours at 25 for now, create new provider review system
By
Laura Ernde
Staff
Writer
The
State Bar Board of Trustees adopted new Minimum Continuing Legal Education rules
last month aimed at expanding course options and improving their quality.
However,
the board deferred action on a proposal to increase the requirement from 25 hours
every three years to 36 hours.
After
holding a series of public hearings this spring, the board’s Member Oversight
Committee recommended a series of changes, which were then sent out for public
comment. The full board approved the new rules at its Oct. 12 meeting. They will
take effect in July 2014.
The
new rules will:
- Expand
the substance abuse education specialty requirement to include a broader
"competence issues" requirement. Competence education would teach
lawyers how to recognize and deal with any mental or physical issue — including
dementia, mental illness or substance abuse — that could affect their ability
to practice.
- Establish
a formal audit system for MCLE providers that would use volunteers to review
courses and provide a process for attorneys to register complaints about
providers.
- Require
written materials for MCLE courses that are an hour or more in length.
Currently, materials are not required for programs that are one hour or less.
- Broaden
the elimination of bias specialty requirement to include courses on how to
recognize bias in society, not just in the legal profession.
Most
of the public comments concerned the proposed increase in hours from 25 to 36. The board directed
the State Bar’s staff to further explore the idea and develop a proposal for
consideration at a future meeting.
David
Mann, a consultant for The Other Bar, a nonprofit that assists attorneys and
judges with alcohol and substance abuse problems, told the board he was
concerned that changing the substance abuse requirement would diminish its
impact.
Trustees
Loren Kieve and David Pasternak commended Mann for his work and said the change
was intended to increase awareness of broader competence issues. The Senior Lawyers
Working Group this year concluded that issues associated with aging may also
impair a lawyer’s ability to serve clients.