Supreme Court of Missouri
en banc
June 30, 2019
Effective July 1, 2019
Effective July 1, 2019
In re:
(1) Repeal of Regulation 15.01.10 of subdivision 15.01, entitled "Definitions," of Rule 15, entitled "Continuing Legal Education," and in lieu thereof adoption of a new Regulation 15.01.10, entitled “Cultural Competency, Diversity, Inclusion, and Implicit Bias Programs, Seminars, or Activities," and a new Regulation 15.01.11 of subdivision 15.01, entitled "Definitions."
(2) Repeal of subdivision (e) of subdivision 15.05, entitled "Continuing Legal Education Requirements," of Rule 15, entitled "Continuing Legal Education," and in lieu thereof adoption of a new subdivision (e) of subdivision 15.05, entitled "Continuing Legal Education Requirements."
(3) Repeal of subdivision (b) of subdivision 18.05, entitled "Continuing Judicial Education Requirements," of Rule 18, entitled "Municipal Judge – Continuing Education Requirements and Nonlawyer Certification," and in lieu thereof adoption of a new subdivision (b) of subdivision 18.05, entitled "Continuing Judicial Education Requirements."
ORDER
1. It is ordered that effective July 1, 2019, Regulation 15.01.10 of subdivision 15.01 of Rule 15 be and the same is hereby repealed and a new Regulation 15.01.10 and a new Regulation 15.01.11 adopted in lieu thereof to read as follows:
15.01 DEFINITIONS
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Regulation 15.01. DEFINITIONS
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10. Cultural Competency, Diversity, Inclusion, and Implicit Bias Programs, Seminars, or Activities.
Programs, seminars, and activities in the area of cultural competency, diversity, inclusion, and implicit bias shall focus on issues in the legal profession and in the practice of law. Such programs, seminars, and activities shall not include the substantive law of illegal discrimination except to the extent that the topics set forth above are directly and substantially discussed in relationship with such topics.
11. An accredited program, seminar, or activity is not required to have a designated portion or portions devoted exclusively to professionalism, substance abuse and mental health, legal or judicial ethics, malpractice prevention, or cultural competency, diversity, inclusion, and implicit bias. An accredited program, seminar, or activity devoted exclusively to professionalism, substance abuse and mental health, legal or judicial ethics, malpractice prevention, or cultural competency, diversity, inclusion, and implicit bias must include at least fifty (50) minutes of instruction or the equivalent, as required by Regulation 15.04.1(d). If an accredited program, seminar, or activity is not devoted exclusively to professionalism, substance abuse and mental health, legal or judicial ethics, malpractice prevention, or cultural competency, diversity, inclusion, and implicit bias to satisfy the requirements of subdivision (e) of Rule 15.05, the designated portion or portions of an accredited program, seminar, or activity devoted to such topics must include at least twenty-five (25) minutes of instruction or the equivalent.
Programs, seminars, and activities in the area of cultural competency, diversity, inclusion, and implicit bias shall focus on issues in the legal profession and in the practice of law. Such programs, seminars, and activities shall not include the substantive law of illegal discrimination except to the extent that the topics set forth above are directly and substantially discussed in relationship with such topics.
11. An accredited program, seminar, or activity is not required to have a designated portion or portions devoted exclusively to professionalism, substance abuse and mental health, legal or judicial ethics, malpractice prevention, or cultural competency, diversity, inclusion, and implicit bias. An accredited program, seminar, or activity devoted exclusively to professionalism, substance abuse and mental health, legal or judicial ethics, malpractice prevention, or cultural competency, diversity, inclusion, and implicit bias must include at least fifty (50) minutes of instruction or the equivalent, as required by Regulation 15.04.1(d). If an accredited program, seminar, or activity is not devoted exclusively to professionalism, substance abuse and mental health, legal or judicial ethics, malpractice prevention, or cultural competency, diversity, inclusion, and implicit bias to satisfy the requirements of subdivision (e) of Rule 15.05, the designated portion or portions of an accredited program, seminar, or activity devoted to such topics must include at least twenty-five (25) minutes of instruction or the equivalent.
2. It is ordered that effective July 1, 2019, subdivision (e) of subdivision 15.05 of Rule 15 be and the same is hereby repealed and a new subdivision (e) of subdivision 15.05 adopted in lieu thereof to read as follows:
15.05 CONTINUING LEGAL EDUCATION REQUIREMENTS
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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 and at least one credit hour of accredited programs and activities devoted exclusively to cultural competency, diversity, inclusion, and implicit bias, 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 these requirements shall be reported to The Missouri Bar as specified by The Missouri Bar.
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3. It is ordered that effective July 1, 2019, subdivision (b) of subdivision 18.05 of Rule 18 be and the same is hereby repealed and a new subdivision (b) of subdivision 18.05 adopted in lieu thereof to read as follows:
18.05 CONTINUING JUDICIAL EDUCATION REQUIREMENTS
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(b) 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 must be completed every year. At least one credit hour of accredited programs and activities devoted exclusively to cultural competency, diversity, inclusion, and implicit bias must be completed on or before June 30, 2020, and every year thereafter.
Credit hours completed pursuant to this Rule 18.05(b) may be used to fulfill the requirements of Rule 18.05(a).
Credit hours completed pursuant to this Rule 18.05(b) may be used to fulfill the requirements of Rule 18.05(a).
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4. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
5. It is ordered that this order be published in the South Western Reporter.
Day – to – Day
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ZEL M. FISCHER
Chief Justice
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ZEL M. FISCHER
Chief Justice