Substantive written materials handouts, presentations, slides, or other documents that provider meaningful written explanations of the topics and legal authorities covered in the program. They must do more than list agenda items or display primary sources; they should contain analysis, discussion, and practical guidance at a level that allows an attorney to use the materials as a stand-alone reference after the course. Materials consisting only of brief bullet point outlines, agendas, unannotated copies of cases, statutes, or regulations, or slide decks that are mainly pictures, charts, or a few large font bullet points without explanatory text are not considered substantive.
What activities qualify for general MCLE credit?
Activities that qualify for general MCLE credit must: (1) relate to legal subjects that are directly relevant to California attorneys, and (2) offer current, significant educational, professional, or practical content with the specific objective of increasing each participant’s professional competency as an attorney. Programs created primarily for nonattorney audiences (for example, general public, clients, or business staff) do not qualify and will not be approved for general MCLE credit. More on Standards for MCLE activity Approval.
Are there separate Certificates of Attendance for speakers?
No. Except for the credit hours awarded, the certificate is the same for both speakers and nonspeakers.
Can a speaker receive credit as an attendee?
The speaker should receive credit for their attendance time less their speaking time. As an example, a speaker who speaks for 15 minutes during a 1-hour program would only be eligible for 45 minutes of attendance credit (i.e., 60 minutes of program time minus 15 minutes of speaking time = 45 minutes or 0.75 hours).
How are speaker credit hours calculated?
Regardless of the time increment, the speaker should be awarded their actual speaking time multiplied by four. For example, a speaker who speaks for 15 minutes would receive 1 hour of speaking credit (i.e., 0.25 hours x 4 = 1.00 hour speaking credit). Additionally, the speaker credit should be rounded to the nearest quarter-hour if necessary. For example, a speaker who speaks for 10 minutes should receive 45 minutes of speaking credit (i.e., 10 minutes x 4 rounded up to the nearest quarter-hour = 45 minutes or 0.75 hours).
Please note: Speaker credit should only be granted for the first presentation of a program. Speakers who repeat the same presentation should only receive attendance credit for that presentation.
How does a provider track attendance for participatory activities?
Providers can use the State Bar’s Record of Attendance form, or its equivalent, to take attendance. In addition to the California licensee’s name, State Bar number, and signature, the form must include the following information:
• The title of the MCLE activity;
• Date of the MCLE activity; and
• Total hours awarded, including any credit hours or partial credit hours awarded for legal ethics, recognition and elimination of bias, implicit bias, competence issues, or legal specialization as a component of the activity.
I am an approved SAP, so why am I not listed on the website?
Only MAPs are listed on the State Bar’s website. A provider with MAP status is considered to have demonstrated a strong understanding of both the standards for approval of MCLE activities and their responsibilities as outlined in the MCLE provider rules, and therefore, activities held by these providers are presumed to be approved by the State Bar.
How long does the provider’s status remain effective once approved?
A SAP’s application/program is approved for a period of two years from the date of the activity. An approval for MAP status is granted for a period of two years.
What types of legal education providers are approved in California?
There are two types of approved providers in California: Single Activity Providers and Multiple Activity Providers. A Single Activity Provider (SAP) is an organization approved to hold and grant Minimum Continuing Legal Education (MCLE) or Legal Specialty Minimum Continuing Legal Education (LSMCLE) credit for a single MCLE or LSMCLE activity for a period of two years from the date of the activity, provided that no substantive changes are made to the program. A SAP must apply for and receive approval of the activity in accordance with the State Bar’s procedures and pay applicable fee(s). More on becoming a Single Activity Provider
A Multiple Activity Provider (MAP) is an organization approved to hold and grant credit for any MCLE or LSMCLE activity for two years after applying for and receiving approval of MAP status in accordance with State Bar procedures and paying the applicable fee(s). Providers approved for MAP status do not have to submit separate applications to request approval for each program offered. More on becoming a Multiple Activity Provider
What is the Commission on Judicial Nominees Evaluation?
The Commission on Judicial Nominees Evaluation (JNE; JNE Commission), is an agency of the State Bar created by statute for the express purpose of evaluating judicial candidates nominated by the Governor. The language of the statute, Government Code section 12011.5, is mandatory. It provides that, prior to exercising their constitutional right to make judicial appointments, the Governor shall submit to JNE the names of all potential appointees or nominees for judicial office for evaluation of their judicial qualifications. The commission operates pursuant to rules and procedures adopted by the Board of Trustees of the State Bar.
IOLTA is a primary source of funding for civil legal aid in California. Civil legal aid provides free legal services to those who would not otherwise be able to afford them. On average low-income Californians report experiencing twice as many civil legal problems in a year as nonindigent Californians. Approximately 20 percent of Californians live in poverty and rely on these services for their civil legal needs.
Currently, almost 100 organizations receive IOLTA grants from the State Bar. In 2018 the State Bar distributed over $51 million to support civil legal aid. (This includes other funds besides IOLTA, such as the Equal Access Fund and the Greg E. Knoll Justice Gap Fund.) Top areas where these organizations provided legal assistance included housing, immigration, and family law/domestic violence cases. In 2017, almost 5,000 families were able to stay in their homes, over $16 million in unpaid wages were recovered, and over 2,000 individuals were able to obtain or maintain their health insurance as a result of civil legal aid.
When is the deadline to submit my audit packet? What happens if I miss the deadline?
The deadline to show proof of compliance is stated on your MCLE Audit Notice. If you fail to submit adequate proof of compliance by the deadline, you will be assessed a $103 penalty for late compliance, and you will receive a Non-Compliance Notice that gives you 60 days to comply. If you do not submit adequate proof of compliance and pay the late fee within that time period, you will be placed on Not Eligible to Practice status until you submit the required proof of compliance, pay the $103 non-compliance fee, and pay an additional $308 reinstatement fee.
I can’t find all of my certificates. What can I do?
If you are unable to locate your certificates or proof of course completion, please contact your provider immediately to request a copy of the attendance certificate or a printout. Many providers are happy to assist. However, please note that California MCLE course providers are not required to issue replacement certificates. The State Bar only mandates that they provide the original certificate received upon course completion.
I was already fingerprinted for another reason (i.e., as a notary, as an employee in the public sector). This means the DOJ already has my fingerprints. Do I still need to be fingerprinted?
Yes. It is a DOJ policy to limit disclosure of fingerprint records to the contractual agreement specific to the requesting agency. Fingerprints are not transferable from one agency to another.
Which non-California attorneys are permitted to practice under the MJP rules?
Attorneys working for a qualified legal services provider and under the supervision of a California attorney working for the same provider (rule 9.45); attorneys working as in-house counsel for a qualifying institution (rule 9.46); attorneys practicing law temporarily in California as part of litigation (rule 9.47); and non-litigating attorneys temporarily in California to provide legal services (rule 9.48).
What happens to an attorney after charges are filed against them in State Bar Court?
The accused attorney must file an answer, or risk a default judgment and involuntary enrollment as an inactive Bar member pending the outcome of the case. The clerks in State Bar Court schedule a status conference (a meeting of all parties), to be held within 45 days after the complaint is filed. The next step depends on the individual case. There could be additional status conferences, settlement conferences, or simply the trial date.
What are the ratings?
The definition of the ratings of judicial candidates to be used by the commission in reporting to the Governor's office are:
Definition of Ratings - vary by candidate type:
Candidates for the Superior Court:
Exceptionally Well Qualified: Possessing qualities and attributes of remarkable or extraordinary superiority that enable them to perform the judicial function with distinction.
Well Qualified: Possessing qualities and attributes indicative of a superior fitness to perform the judicial function with a high degree of skill and effectiveness.
Qualified: Possessing qualities and attributes sufficient to perform the judicial function adequately and satisfactorily.
Not Qualified: Possessing less than the minimum qualities and attributes.
Candidates for the Court of Appeal or the Supreme Court:
Exceptionally Well Qualified: Possessing qualities and attributes of remarkable or extraordinary superiority that enable them to perform the appellate judicial function with distinction.
Well Qualified: Possessing qualities and attributes indicative of a superior fitness to perform the appellate judicial function with a high degree of skill, effectiveness, and distinction.
Qualified: Possessing qualities and attributes sufficient to perform the appellate judicial function with a high degree of skill and effectiveness.
Not Qualified: Possessing less than the minimum qualities and attributes.
Superior Court candidates are expected to have the qualities of decisiveness, oral communication skills, and patience.
Court of Appeal candidates are expected to have the qualities of collegiality, writing ability, and scholarship.
Supreme Court candidates are expected to have the qualities of collegiality, writing ability, scholarship, distinction in the profession, and breadth and depth of experience.
Must I work full-time to be exempt?
No. Part-time employees can be exempt as long as they are permanent or probationary employees who do not otherwise practice law. The words "those employed full-time ... who do not otherwise practice law" in sections 2.54(A)(3) and 2.54(A)(4) refer to employees "employed on a permanent or probationary basis, regardless of their working hours, who do not practice law in California" except as employees of the State of California or the United States government.
What is the difference between participatory and self-study?
The MCLE rules specify that some types of activities qualify only for self-study credit. Other kinds of activities can qualify for either participatory or self-study credit, depending on whether or not the member participated in the particular activity is verified by a provider.
If a provider verifies your "participation," an activity is "participatory." Provider verification consists of ALL the following:
the provider has you sign in at the time of the activity (electronic sign-in is acceptable)
the provider keeps a list of those who signed in
the provider issues a certificate of attendance to attendees
Online courses, CD ROM-based courses, and some tape-based courses can count for participatory credit if they are verified by an approved provider. If unsure, contact the individual provider to verify that the program has been approved for participatory credit. To confirm a tape or other self-study activity is still current, contact the provider.
What is an out-of-state attorney arbitration counsel (OSAAC)?
An out-of-state attorney arbitration counsel is an attorney who is not a licensed attorney of the State Bar of California but who is an active attorney in good standing of and eligible to practice before any Bar of the United States and who has been retained to appear in the course of, or in connection with, an arbitration proceeding in this state.
How many times may I apply as an OSAAC?
There is no hard and fast rule to determine this. It is usually up to the discretion of the arbitrator and/or arbitral panel who may ask the applying attorney to inform him/her how many times the applying attorney has appeared as an OSAAC. The spirit of the rule that the arbitral panel will follow mandates that out-of-state attorneys not abuse OSAAC as a substitute for practicing in California.
If I earn more than 25 hours, can I carry the excess hours forward?
If an attorney earns more than 25 hours during a compliance period, he/she cannot carry the excess hours forward to the next compliance period. [Rule 2.72(D)]
What, if any, information on a candidate can the State Bar release and when can it do so?
Information received during the investigation process or discussed during the evaluation process cannot be released by the commission. Under the statute, information received by the commission is absolutely confidential and it would be a clear-cut violation of the law to divulge how the commission conducted any part of the investigation or the weight given to evidence of a negative or positive nature.
The commission reports its recommendations, in absolute confidence, to the Governor. The rule ". . . prohibits disclosure of any information of any nature to anyone. . ." except as otherwise provided by the statute. The commission does inform a candidate who has been found not qualified of that fact.
The only other exception is if the Governor appoints a person to a trial court who has been found not qualified, the State Bar may make this fact public after due notice to the appointee of its intention to do so.
When the Governor nominates a person to the Supreme Court or Court of Appeal, the JNE Commission submits its recommendation, and the reasons for such recommendation, to the Commission on Judicial Appointments, and appears at the public hearing to present its recommendation and reasons.
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