Order dated May 17, 2018, re: Rules 15.05 Continuing Legal Education Requirements and 15.06 Reporting Requirements – Sanctions – Review

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Supreme Court of Missouri
en banc

May 17, 2018
Effective July 1, 2018

In re:

Repeal of subdivisions 15.05(a), 15.05(c), 15.05(e), 15.05(f), 15.05(g), and 15.05(h) of subdivision 15.05, entitled "Continuing Legal Education Requirements;" and subdivision 15.06(a) of subdivision of 15.06, entitled "Reporting Requirements – Sanctions – Review," of Rule 15, entitled "Continuing Legal Education," and in lieu thereof adoption of a new subdivision 15.05(a), a new subdivision 15.05(c), a new subdivision 15.05(e), a new subdivision 15.05(f), and a new subdivision 15.05(g) of subdivision 15.05 entitled "Continuing Legal Education Requirements;" and a new subdivision 15.06(a) of subdivision of 15.06, entitled "Reporting Requirements – Sanctions – Review."
 
ORDER

1.  It is ordered that effective July 1, 2018, subdivisions 15.05(a), 15.05(c), 15.05(e), 15.05(f), 15.05(g), and 15.05(h), and subdivision 15.06(a) of Rule 15 be and the same are hereby repealed and new subdivisions 15.05(a), 15.05(c), 15.05(e), 15.05(f), and 15.05(g), and subdivision 15.06(a) adopted in lieu thereof to read as follows:

15.05.  CONTINUING LEGAL EDUCATION REQUIREMENTS

(a) After July 1, 1988, except as provided in Rule 15.05(c), each lawyer shall complete and report during each reporting year at least 15 credit hours of accredited programs and activities. Credit hours of accredited programs and activities completed pursuant to Rule 15.05(e) may be used to fulfill the requirements of Rule 15.05(a). Not more than six other credit hours may consist of self-study, videotape, audiotape or other similar programs or activities that are accredited programs or activities. A speaker at an accredited program or activity may receive credit for preparation time and presentation time. An author of written material published or to be published by an accredited sponsor or in a professional journal or as a monograph may receive credit for research time and composition time.

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(c) A lawyer is not required to complete or report any credit hours in the reporting year in which the lawyer is initially licensed to practice law in this state except as provided in Rule 15.05(d). Any lawyer not an active judge who, during a reporting year, has neither engaged in the active practice of law in Missouri nor held herself or himself out as an active practicing lawyer in Missouri shall not be required to complete or report any credit hours during that reporting year. Upon written application and for good cause shown, waivers or extensions of time of the credit hour or reporting requirements of this Rule 15 may be granted in individual cases or classes of cases involving hardship or extenuating circumstances.

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(e) For each reporting year, each lawyer shall complete and report at least two credit hours of accredited programs and activities devoted exclusively to professionalism, substance abuse and mental health, legal or judicial ethics, or malpractice prevention unless the lawyer has not actively practiced law in Missouri during the period or has given notice of inactive status pursuant to Rule 6.03. Completion of this requirement shall be reported to The Missouri Bar as specified by The Missouri Bar.
 
(f) Each judge of the family court division and each commissioner of the family court division shall complete not later than six months after designation or appointment a course of training in family law accredited by this Court's trial judge education committee. This requirement shall be in addition to the requirements contained in Rule 15.05(a) and Rule 15.05(e).
 
Each year thereafter, such judges and commissioners shall complete at least six hours of continuing legal education courses accredited by this Court's trial judge education committee relating to family court issues and law. The hours completed on an annual basis may be used to fulfill the requirements of Rule 15.05(a).
 
Completion of the requirements of this Rule 15.05(f) shall be reported to The Missouri Bar as specified by The Missouri Bar.
 
This Rule 15.05(f) shall apply to all reporting years beginning on or after July 1, 1993. This Rule 15.05(f) shall not apply to judges who are temporarily transferred or assigned to family court divisions; however judges who have met the requirements of this Rule 15.05(f) shall be preferred for such transfers and assignments.
 
(g) Each lawyer who is a member of the general assembly may report in each reporting year credit for 15 hours of continuing legal education for service during that reporting year's regular legislative session. Such credits shall not include credit for programs required by Rule 15.05(e).

15.06. REPORTING REQUIREMENTS - SANCTIONS – REVIEW

(a) On or before July 31st of each year after 1988, each lawyer shall report the number of credit hours of accredited programs or activities in which the lawyer participated in the preceding reporting year, except that lawyers paying the annual enrollment fee under Rule 6.01(j)(3) for the entire reporting year and lawyers who have given notice of inactive status under Rule 6.03 are not required to report completion or exemption from the annual requirements of Rules 15.05(a) and 15.05(e).

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2.  It is ordered that notice of this order be published in the Journal of The Missouri Bar.
 
3.  It is ordered that this order be published in the South Western Reporter.
 
Day - to - Day

___________________________
ZEL M. FISCHER
Chief Justice

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