Continuing Legal Education: What’s Required and Opportunities for Members and Staff to Satisfy Those Requirements

Continuing Legal Education: What’s Required and Opportunities for Members and Staff to Satisfy Those Requirements

Legal Sidebari

Continuing Legal Education: What’s Required
and Opportunities for Members and Staff to
Satisfy Those Requirements
March 25, 2019
As members of the self-regulated legal profession, attorneys are required, under the rules of their state
bars, to maintain competence in their legal knowledge and skill. These rules apply to preserve the
integrity of the profession and ensure that attorneys—who represent clients as officers of the legal
system—uphold their “special responsibility for the quality of justice” under that system. To fulfill the
duty of competence, most jurisdictions, though not all, have adopted mandatory continuing legal
education (MCLE) requirements. This Sidebar provides an overview of the states’ various MCLE
requirements, discussing how each state varies in their approach to ensuring that attorneys maintain the
requisite knowledge and skill to maintain professional competence. The Sidebar concludes by providing
details on the Federal Law Update (FLU), a series of CRS legal seminars that will be held the first two
weeks of April 2019 and may be eligible for Continuing Legal Education credits.
The American Bar Association (ABA) has described the continuing education requirement as follows:
To maintain public confidence in the legal profession and the rule of law, and to promote the fair
administration of justice, it is essential that lawyers be competent regarding the law, legal and
practice-oriented skills, the standards and ethical obligations of the legal profession, and the
management of their practices.
In 2017, the ABA amended its Model Rule for MCLE credits, setting an example for licensing
jurisdictions to use. The MCLE Model Rule requires an average of 15 credit hours per year over the
course of the reporting period. Those credits must include three specific categories: (1) an average of one
hour of ethics and professionalism credit per year; (2) an hour of mental health and substance abuse
disorder credit every three years; and (3) an hour of diversity and inclusion credit every three years. The
Model Rule provides various exemptions that would excuse attorneys from completing the MCLE
requirements. Exemptions apply, for instance, for non-practicing attorneys with inactive licenses or those
on retired status.
Licensing jurisdictions widely diverge from the Model Rule, resulting in MCLE requirements differing
from each other in a number of ways, including, for example, the quantity of credit hours and the period
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over which those credits may accrue. Examples of MCLE requirements that the various U.S. jurisdictions
have adopted illustrate the different ways that such requirements may apply to licensed attorneys working
in Congress, including:
 Out of State Attorneys. Attorneys who are licensed by a state bar, but work outside of
the geographic confines of that state generally are still required to comply with the
MCLE requirements of that state. State bars may allow attorneys who are active
members, but practice in another jurisdiction, to satisfy the state’s MCLE requirements
by demonstrating compliance with the MCLE requirements of the jurisdiction in which
they reside and practice.
 For example, Washington permits its active members who are also active members of
certain other bars to comply with credit requirements in that jurisdiction. In so doing,
the Washington Bar allows its members to “certify compliance with [its] rules in lieu
of meeting the education requirement by paying a comity fee and filing a Comity
Certificate of MCLE Compliance from a comity state certifying to the lawyer’s
subjection to and compliance with that state’s MCLE requirements during the
lawyer’s most recent reporting period.”
 To take another example, Arizona permits active members of its bar who “reside[] in
another MCLE jurisdiction, and who [are] subject to and complying with the MCLE
requirements for that jurisdiction” to file an affidavit indicating compliance with the
other jurisdiction’s MCLE requirements, unless the attorney is not admitted in that
jurisdiction or the jurisdiction has no MCLE requirement (in which case the attorney
must comply with Arizona’s MCLE requirements).
 A few states do, however, wholly exempt attorneys practicing out of state from
having to comply with the state’s MCLE requirements. For example, members of the
Wisconsin bar who do not practice law in the state during a reporting period are
exempt from its MCLE requirements.
 Status of Government Officials. Some states may exempt government officials from
having to comply with MCLE requirements, though these states may still require
attorneys to report their exempt status. These exemptions can vary greatly between
jurisdictions, from exemptions for discrete professionals like judges, legislators, or
attorneys who are active duty in the military to broader exemptions for all federal
government attorneys.
 For example, North Carolina “exempt[s]” its “members of the United States Senate”
and its “members of the United States House of Representatives” “from the
requirements of [its MCLE] rules for any calendar year in which they serve some
portion thereof in such capacity.”
 Similarly, Texas provides that “Members of the Texas Legislature or members of
Congress may request a 15-hour allowance” from its MCLE requirements.
 California exempts attorneys who are “employed full-time by the United States
government as attorneys or administrative law judges on a permanent or probationary
basis, regardless of their working hours, who do not otherwise practice law.”
Failure to abide by a state’s MCLE requirements can, depending on the state, result in a range of penalties
from fines to suspensions. For reference purposes, Table 1, below, summarizes basic MCLE requirements
that apply to active members of the bars of the states, District of Columbia, and U.S. territories. For each
jurisdiction, a link is provided to either:

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 the state bar or other body that administers or facilitates MCLE reporting in the
jurisdiction if that page includes a link to the rules governing MCLE (which also often
include other information on MCLE compliance and reporting), or
 the MCLE rules, rules of the state Supreme Court, or rules of professional conduct of the
applicable jurisdiction.
It is important to note that MCLE rules will vary widely on a number of factors, including, among other
issues, whether the attorney is newly admitted to a bar; whether the requirements necessitate in-person
attendance; the minimum minutes per credit hour; or other course requirements. Accordingly, it is
paramount that every attorney closely examine his or her jurisdiction’s specific obligations to ensure
compliance with its MCLE requirements.
CRS can assist attorneys working in Congress with their professional obligations for continuing education
through the American Law Division’s FLU, a semiannual series of seminars on highly topical legal issues
of interest to the legislative agenda. Subject to the approval of the MCLE requirements of the various
jurisdictions, the seminars may be eligible to satisfy attendees’ MCLE requirements. In addition to
general sessions, the FLU offers attendees two opportunities to satisfy their jurisdiction’s ethics and
professional responsibility requirements. Professional responsibility seminars are intended to satisfy
attorney ethics requirements by basing discussion on the Model Rules of Professional Conduct and
relevant rules from individual jurisdictions as they pertain to the discussion.
This year, the spring FLU seminars will be held April 2-4 and 9-11 in the Montpelier Room of the
James Madison Memorial Building in the Library of Congress. To register, click here.

Legal Sidebari

Table 1. Summary of Basic MCLE Requirements Applicable to
Active Members of the Bars of the States, the District of Columbia, and U.S. Territories

Jurisdiction
Reporting period
General MCLE requirements per reporting period
Rules available
Alabama
1 year
12 hours required, including 1 hour of ethics
MCLE, Alabama State Bar
Alaska
1 year
3 hours of ethics or other professionalism topics required; 9
MCLE Rule, Alaska Bar Association
additional hours of general voluntary CLE encouraged
American Samoa
N/A
No MCLE requirement at this time
High Court Rules, American Samoa
Bar Association
Arizona
1 year
15 hours per year required, including 3 hours of ethics or
Mandatory Continuing Legal
other professional responsibility topics
Education, State Bar of Arizona
Arkansas
1 year
12 hours required, including 1 hour of ethics or other
Continuing Legal Education,
professionalism topics
Arkansas Judiciary
California
3 years
25 hours required, including 4 hours of ethics, 1 hour of
MCLE Rules, State Bar of California
substance abuse and other issues that impair competence, and
1 hour of elimination of bias
Colorado
3 years
45 hours required, including 7 hours of ethics
CLE Rules, Regulations, and Forms,
Office of Attorney Regulation
Counsel, Colorado Supreme Court
Connecticut
1 year
12 hours required, including 2 hours of ethics/professionalism
Minimum Continuing Legal
Education, State of Connecticut
Judicial Branch
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Jurisdiction
Reporting period
General MCLE requirements per reporting period
Rules available
Delaware
2 years
24 hours required, including 4 hours of ethics and
Revised Delaware Rules for
professionalism
Continuing Legal Education,
Commission on Continuing Legal
Education of the Delaware
Supreme Court
District of Columbia
N/A
No MCLE requirement at this time
D.C. Rules of Professional Conduct
Florida
3 years
33 hours, including 5 hours of ethics, professionalism, bias
CLER/BSCR Rules, Florida Bar
elimination, substance abuse, or mental illness awareness and 3
hours in technology programs
Georgia
1 year
12 hours required, including 1 hour of ethics and 1 hour of
State Bar Handbook Part VIII –
professionalism; 3 hours of trial practice also required for trial
Continuing Legal Education, State
attorneys
Bar of Georgia
Guam
1 year
10 hours required, including 2 hours of ethics or
CLE - Amended Rule Governing
professionalism
Mandatory Continuing Legal
Education, Guam Bar Association
Hawaii
1 year
3 hours required; 1 hour of ethics or professional responsibility Mandatory Continuing Legal
required every 3 years
Education, Hawaii State Bar
Association
Idaho
3 years
30 hours required, including 3 hours of ethics or professional
MCLE Compliance, Idaho State Bar
responsibility
Illinois
2 years
30 hours required, including 6 hours of professionalism, civility, Illinois MCLE Requirements and
legal ethics, diversity and inclusion, or mental health and
Fees, Minimum Continuing Legal
substance abuse of which 1 hour must be diversity/inclusion
Education Board of the Supreme
and 1 hour mental health/substance abuse
Court of Illinois
Indiana
3 years, with minimum
36 hours required (6 hours minimum per year), including 3
Continuing Legal Education for
yearly requirements
hours of ethics or professional responsibility
Attorneys, Indiana Commission for
Continuing Legal Education
Iowa
1 year
15 hours required; 3 hours of ethics are required every 2 years Annual Reporting Requirements,
Office of Professional Regulation,
Iowa Supreme Court

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Jurisdiction
Reporting period
General MCLE requirements per reporting period
Rules available
Kansas
1 year
12 hours required, including 2 hours of ethics and
Rules and Regulations, Kansas
professionalism
Continuing Legal Education
Commission
Kentucky
1 year
12 hours required, including 2 hours of ethics, professional
Continuing Legal Education Rules,
responsibility, and professionalism
Kentucky Bar Association
Louisiana
1 year
12.5 hours required, including 1 hour of ethics and 1 hour of
Rules for Continuing Legal
professionalism
Education, Louisiana State Bar
Association
Maine
1 year
12 hours required, including 1 hour of ethics or other
Continuing Legal Education, Board
professionalism topics and 1 hour of avoidance of harassment
of Overseers of the Bar, State of
and discriminatory conduct
Maine
Maryland
N/A
No MCLE requirement at this time
Maryland Attorneys' Rules of
Professional Conduct and Attorney
Trust Accounts, Attorney
Grievance Commission and Office
of Bar Counsel
Massachusetts
N/A
No MCLE requirement at this time
Massachusetts Rules of Professional
Conduct, Supreme Judicial Court
Michigan
N/A
No MCLE requirement at this time
Michigan Rules of Professional
Conduct, Michigan Supreme Court
Minnesota
3 years
45 hours required, including 3 hours of ethics or professional
CLE Compliance, Minnesota State
responsibility and 2 hours of elimination of bias
Board of Continuing Legal
Education
Mississippi
1 year
12 hours required, including 1 hour of ethics, professional
Continuing Legal Education General
responsibility, professionalism, malpractice prevention,
Information, Supreme Court of
substance abuse or mental health
Mississippi
Missouri
1 year
15 hours required, including 2 hours of ethics, professionalism,
Frequently Asked Questions About
substance abuse and mental health, or malpractice prevention
MCLE, Missouri Bar
Montana
1 year
15 hours required, including 2 hours of ethics
Rules for Continuing Legal
Education, Montana Commission of
Continuing Legal Education

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Jurisdiction
Reporting period
General MCLE requirements per reporting period
Rules available
Nebraska
1 year
10 hours required, including 2 hours of ethics or other
Mandatory Continuing Legal
professional responsibility topics
Education (MCLE), Nebraska
Supreme Court
Nevada
1 year
13 hours required, including 2 hours of ethics and professional
Supreme Court Rules, Supreme
conduct and 1 hour of substance abuse
Court of Nevada
(See Part III, § H)
New Hampshire
1 year
12 hours required, including 2 hours ethics, professionalism, or Rule 53. New Hampshire Minimum
prevention of malpractice, substance abuse, or attorney-client
Continuing Legal Education
disputes
Requirement, Supreme Court of the
State of New Hampshire
New Jersey
2 years
24 hours required, including 4 hours of ethics or
Continuing Legal Education,
professionalism
Supreme Court of New Jersey
New Mexico
1 year
12 hours required, including 2 hours of ethics or
Minimum Continuing Legal
professionalism
Education, State Bar of New
Mexico
New York
2 years
24 hours required, including 4 hours of ethics and
The Legal Profession – Continuing
professionalism and 1 hour of diversity, inclusion, and
Legal Education, New York State
elimination of bias
Unified Court System
North Carolina
1 year
12 hours required, including 2 hours of professionalism or
CLE Requirements in North
professional responsibility; 1 additional hour on substance
Carolina for Lawyers, North
abuse awareness or debilitating mental conditions required
Carolina State Bar
every 3 years
North Dakota
3 years
45 hours required, including 3 hours of ethics or professional
Continuing Legal Education Hours,
responsibility
State Bar Association of North
Dakota
Northern Mariana
2 years
20 hours required
Resources for Continuing Legal
Islands
Education, CNMI Bar Association

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Jurisdiction
Reporting period
General MCLE requirements per reporting period
Rules available
Ohio
2 years
24 hours required, including 2.5 hours of ethics or other
Continuing Legal Education,
professional conduct topics
Supreme Court of Ohio
Oklahoma
1 year
12 hours required, including 1 hour of ethics, professional
Mandatory Continuing Legal
responsibility, or malpractice prevention
Education Rules, Oklahoma
Mandatory Continuing Legal
Education Commission
Oregon
3 years
45 hours required, including 5 hours of ethics, 1 hour on
Minimum Continuing Legal
attorneys’ statutory duty to report child or elder abuse, and 1
Education, Oregon State Bar
hour on mental health, substance abuse, and cognitive
impairment; in alternate reporting periods, 3 hours of access to
justice are required
Pennsylvania
1 year
12 hours required, including 2 hours of ethics, professionalism,
Rules and Regulations, Continuing
or substance abuse
Education Board
Puerto Rico
2 years
24 hours required, including 4 hours of ethics, and, for
Links Related to the Supreme
notaries, 6 hours of notarial law
Court, Supreme Court of Puerto
Rico
Rhode Island
1 year
10 hours required, including 2 hours of ethics
Mandatory Continuing Legal
Education, MCLE Commission
South Carolina
1 year
14 hours required, including 2 hours of legal ethics/professional Commission on CLE and
responsibility; at least once every 3 annual reporting periods, 1
Specialization, Supreme Court of
of those 2 hours must be on substance abuse, mental health or
South Carolina
stress management
South Dakota
N/A
No MCLE requirement at this time
South Dakota Rules of Professional
Conduct, South Dakota Legislature
Tennessee
1 year
15 hours required, including 3 hours of ethics/professionalism
Rule 21 and Regulations, Tennessee
Commission on Continuing Legal
Education
Texas
1 year
15 hours required, including 3 hours ethics/professional
MCLE Rules, State Bar of Texas
responsibility

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Jurisdiction
Reporting period
General MCLE requirements per reporting period
Rules available
Utah
2 years
24 hours required, including 3 hours of ethics or professional
MCLE Requirements, Utah State
responsibility, of which 1 must be in professionalism and civility Bar
Vermont
2 years
20 hours required, including 2 hours of ethics
Mandatory Continuing Legal
Education, Board of Mandatory
Continuing Legal Education
Virginia
1 year
12 hours required, including 2 hours of ethics or
Mandatory Continuing Legal
professionalism
Education, Virginia State Bar
U.S. Virgin Islands
1 year
12 hours required, including 2 hours of ethics or
CLE Overview, Virgin Islands Bar
professionalism
Association
Washington
3 years
45 hours, including 6 hours of ethics and professional
MCLE for Lawyers, Washington
responsibility and 15 hours of law and legal procedure
State Bar Association
West Virginia
2 years
24 hours required, including 3 hours in ethics, office
CLE Rules and Regulations, West
management, substance abuse, or elimination of bias in the legal Virginia State Bar
profession
Wisconsin
2 years
30 hours required, including 3 hours ethics and professional
SCR Chapter 31, Supreme Court
responsibility
Rules, Wisconsin State Legislature
Wyoming
1 year
15 hours required, including 2 hours of ethics
Continuing Legal Education,
Wyoming State Bar
Source: CRS

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Author Information

Cynthia Brown
Andrew M. Winston
Legislative Attorney
Acting Section Head ALD Section

L. Paige Whitaker

Legislative Attorney

Disclaimer
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