SCR CHAPTER 31
CONTINUING LEGAL EDUCATION
SCR 31.01 Definitions.
In this
chapter:
(1) "Board" means the board of bar
examiners.
(1m) “CLE” means continuing legal education.
(2) "Committee" means a panel
comprising at least 3 members of the board.
(3) (Repealed)
(4) "Hour" means a period of approved
continuing legal education consisting of not less than 50 minutes.
(5) "Inactive member" means an inactive
member of the state bar under SCR 10.03(3) and the bylaws of the state
bar.
(6) "Lawyer" means an active member of
the state bar under SCR 10.03(3) and the bylaws of the state bar and includes
an active member under suspension other than a person under a form of
suspension that will terminate only on order of the court or a person suspended pursuant to
SCR 31.10(1).
(6m)
"Repeated on-demand program" means an on-line program
delivered over the Internet, consisting of a program previously approved by the
board.
(7) "Reporting period" means the two‑year
period ending December 31 during which a lawyer must satisfy the Wisconsin
continuing legal education requirement of SCR 31.02. The reporting period for a
lawyer is determined by the year of his or her admission to the practice of law
in Wisconsin. The reporting period for a lawyer admitted in an even‑numbered
year shall end on December 31 of each even‑numbered year; the reporting
period for a lawyer admitted in an odd‑numbered year shall end on
December 31 of each odd‑numbered year.
(8) "State bar" means the state bar of
Wisconsin.
(9) "Electronic CLE reporting system"
means a web-based system established by the board of bar examiners through
which lawyers may electronically file an original or amended report of their
CLE compliance.
(10) "Electronic signature" means an electronic
sound, symbol, or process attached to or logically associated with an
electronically-filed CLE report that can be executed or adopted by the
reporting lawyer with the intent to sign the document under oath or
affirmation.
SCR 31.02 Attendance requirement.
(1) A
lawyer shall attend a minimum of 30 hours of approved CLE during each reporting
period.
(2) A lawyer shall attend a minimum of 3 of the
30 hours required under sub. (1) on the subject of legal ethics and
professional responsibility in every reporting period.
SCR 31.03 Reporting requirement.
(1) A lawyer shall file a written report under
oath or affirmation on designated CLE Form 1 with the board on or before the
February 1 following the last day of the reporting period. The written report
shall establish compliance with the attendance requirement of SCR 31.02.
(2) A lawyer who has not satisfied SCR 31.02 and
completed the reporting requirement under sub. (1) by the close of business on
the February 1 following the last day of the reporting period shall be assessed
a late fee of $100.
(3) Lawyers may satisfy the reporting
requirements of sub. (1) through the electronic CLE reporting system. Reports filed electronically must include the
reporting lawyer's electronic signature, by which the lawyer avers under oath
or affirmation that the information contained in the report is true.
(4) Electronically-filed reports are deemed filed
when they are submitted to the electronic CLE reporting system, except that a
late-filed report is deemed filed upon receipt of payment of the late fee.
SCR 31.04 Exemptions.
(1) A lawyer is exempt from the attendance and
reporting requirements of this chapter in the year of his or her admission to
the practice of law in Wisconsin.
(2) A lawyer who does not engage in the practice
of law in Wisconsin at any time during the reporting period is exempt from the
attendance requirement of SCR 31.02 but shall comply with the reporting
requirement of SCR 31.03.
(3) A lawyer whose practice is principally in
another jurisdiction that has mandatory CLE requirements and who is current in
meeting those requirements is exempt from the attendance requirement of SCR
31.02, but shall comply with the reporting requirement of SCR 31.03.
SCR 31.05 Approved hours.
(1) Activities that are approved by the board
either before or after the close of the reporting period may be used to satisfy
the requirement of SCR 31.02. Lawyers
claiming credit for activities that are not already approved must seek approval
on a CLE Form 2 filed contemporaneously with their CLE Form 1.
(2)(a) Up to 15 hours of CLE reported on CLE Form 1
may be carried forward to the next reporting period if all of the following
conditions are met:
1. The hours that are to be carried forward
reflect attendance during the reporting period covered by the CLE Form 1.
2. These hours reflect attendance at courses
that are approved by the board either before or after the close of the
reporting period. Lawyers claiming
credit for activities that are not already approved must seek approval on a CLE
Form 2 filed contemporaneously with their CLE Form 1.
3. Repealed.
(b) Repealed.
(c) CLE programs approved by the board for legal
ethics and professional responsibility may not be carried forward under this
subsection for the purpose of fulfilling the legal ethics and professional
responsibility requirement of SCR 31.02(2) but may be carried forward under
par. (a).
(3) Teaching an approved continuing legal or
judicial education activity or teaching a course in a law school approved by
the American bar association may be used to satisfy the requirement of SCR
31.02. The board shall award 2 hours for each hour of presentation of the
approved continuing legal or judicial education activity and one hour for each
hour of presentation for teaching a course in a law school.
(4) Participation in an educational activity
approved by the judicial education committee may be used to satisfy the
requirement of SCR 31.02.
(5)(a) A repeated
on-demand program may be used to satisfy the requirement of SCR 31.02, if all
of the following conditions are met:
1. The repeated
on-demand program is approved prior to being claimed for credit by a lawyer on
CLE Form 1, and the lawyer must take the on-demand program no later than
December 31 of the year after the year in which approval was given.
2. Sponsors of
the approved on-demand on-line program must maintain a roster verifying the
attendance of all attorneys logged-in and paying for the program and provide
the roster to the board if requested.
(b) No more than
10.0 credits may be claimed for repeated on-demand programs during a lawyer's
reporting period.
(c) No legal
ethics and professional responsibility credit is allowed for a repeated
on-demand program.
(d) Repeated
on-demand programs may not be used for reinstatement, readmission, or
reactivation.
(6) Each hour of
service on the office of lawyer regulation district committee or as an office
of lawyer regulation special investigator may be used to satisfy the
requirements of SCR 31.02, to a maximum of 3.0 hours of legal ethics and
professional responsibility credit per reporting period, provided that the
office of lawyer regulation maintains a roster verifying service and provides
the roster to the board if requested.
SCR 31.06 Attendance and reporting requirements for
persons upon reactivation or reinstatement.
The board
shall determine the attendance and reporting requirements for a person who
seeks to change from inactive to active membership in the state bar or for a
person who seeks reinstatement following voluntary resignation from the state
bar, license suspension that will terminate only on order of the court, or
license revocation.
SCR 31.07 Standards for approval of CLE
activities.
(1) The board shall designate the number of hours
applicable to the requirement of SCR 31.02 for each approved CLE activity.
(2) The following standards shall govern the
approval of CLE activities by the board:
(a) The primary objective of any CLE activity shall
be to increase the attendee's professional competence as a lawyer.
(b) The CLE activity shall deal primarily with
matters related to the practice of law, professional responsibility or ethical
obligations of lawyers.
(c) Except for repeated on-demand programs, a
mechanically or electronically recorded activity will be approved only if a
qualified instructor is available to comment and answer questions.
(d) CLE materials shall be prepared by and
activities shall be conducted by an individual or group qualified by practical
or academic experience.
(e) CLE activities shall be accompanied by
thorough, well‑organized and readable written materials which are
available to attendees at the time of presentation unless otherwise permitted
by the board.
(f) The board may grant approval of an activity
to an individual lawyer, although the activity itself does not satisfy SCR
31.07(2)(a) and (b), where the lawyer demonstrates to the satisfaction of the
board the manner in which the activity increases his or her competence as a
lawyer.
(3) The board may approve published legal
writings for use toward the CLE requirement under rules it may adopt.
(4) An activity sponsored by a private law firm,
corporate law department or federal, state or local government agency offered
for lawyers connected with it may be approved if it meets the requirements set
forth in sub. (2).
(5) The board shall not approve any CLE for legal
ethics and professional responsibility credit unless that education has a minimum
component of at least one continuous hour devoted to legal ethics and
professional responsibility.
SCR 31.08 Procedure for approval of CLE activities.
(1) Any person desiring approval of a CLE
activity shall submit all information required by the board.
(2) Following the presentation of an approved CLE
activity, each sponsor shall promptly transmit to the board a list of all
lawyers in attendance.
(3) The board may annually extend approval to a
sponsor for all its activities which conform to SCR 31.07. An organization
which desires the general program approval shall submit all information
required by the board.
SCR 31.09 Delegation, determinations and review.
(1) The board may delegate the authority of the
board under this chapter to a committee, to a member or to the staff of the
board.
(2) The board or its delegate shall, in response
to written requests for approval of courses, waivers, extensions of time or
interpretation of this chapter, make a written response giving appropriate reasons
for the determination within a reasonable time.
(3) The board may review any action taken under
this chapter at the written request of a lawyer or sponsor adversely affected
by the action. Any request for review shall be made within 60 days after notice
of the action taken has been sent by mail to the lawyer or sponsor.
SCR 31.10 Noncompliance.
(1) If a lawyer fails to comply with the
attendance requirement of SCR 31.02, fails to comply with the reporting
requirement of SCR 31.03(1), or fails to pay the late fee under SCR 31.03(2),
the board shall serve a notice of noncompliance on the lawyer. This notice shall advise the lawyer that the
lawyer’s state bar membership shall be automatically suspended for failing to
file evidence of compliance or to pay the late fee within 60 days after service
of the notice. The board shall certify
the names of all lawyers so suspended under this rule to the clerk of the
supreme court, all supreme court justices, all court of appeals and circuit
court judges, all circuit court commissioners appointed under SCR 75.02(1) in
this state, all circuit court clerks, all juvenile court clerks, all registers
in probate, the executive director of the state bar of Wisconsin, the Wisconsin
State Public Defender’s Office, and the clerks of the federal district courts
in Wisconsin. A lawyer shall not engage
in the practice of law in Wisconsin while his or her state bar membership is
suspended under this rule.
(2) If the board believes that a false report has
been filed, the board may refer the matter to the office of lawyer regulation.
SCR 31.11 Reinstatement.
(1) Suspension of less than 3 consecutive
years. (a) A lawyer whose suspension for noncompliance
under SCR 31.10(1) has been for a period of less than 3 consecutive years may
file a petition with the board for reinstatement to membership in the state
bar. Payment in the amount of $100.00
and any applicable late fee shall accompany the petition.
(b) Within 60 days after service of a petition
for reinstatement, the board shall make a determination regarding compliance.
If the board determines that the lawyer is in compliance with all requirements
under this chapter, it shall reinstate the lawyer's membership in the state
bar. The board shall certify the names of all lawyers so reinstated to the
clerk of the supreme court, all supreme court justices, all court of appeals
and circuit court judges, all circuit court commissioners appointed under SCR
75.02(1) in this state, all circuit court clerks, all juvenile court clerks,
all registers in probate, the executive director of the state bar of Wisconsin,
the Wisconsin State Public Defender’s Office, and the clerks of the federal
district courts in Wisconsin.
(c) If the board denies a petition for
reinstatement, the board shall serve a notice of denial on the lawyer. After
denial, a hearing shall be held by the board only upon written petition of the
lawyer made within 30 days of service of the notice of denial, which petition
for hearing shall be served on the board. The board shall conduct the hearing
within 60 days after service of the petition for hearing and shall make and
serve its findings and recommendations on the lawyer within 60 days after the
close of the hearing, and, if adverse to the lawyer, shall notify the supreme
court of its action. If reinstatement is denied, the findings and
recommendations of the board shall be reviewed by the supreme court only upon
written petition by the lawyer filed within 30 days of the date of the action
of the board.
(1m) Suspension of 3 or
more consecutive years. (a) A lawyer whose suspension has been for a
period of 3 or more consecutive years may file a petition for reinstatement
with the supreme court and serve a copy on the board and the office of lawyer
regulation. Separate payments in the
amount of $200 each shall be made to the board of bar examiners and the office
of lawyer regulation shall accompany the petition.
(b) Within 90 days after service of the petition,
the board shall make a determination regarding compliance and file its finding
with the supreme court.
(c) Within 90 days after service of the petition,
the director of the office of lawyer regulation shall investigate the
eligibility of the petitioner for reinstatement and file a response with the
supreme court in support of or opposition to the petition.
(3) Petition for reinstatement. The petition for reinstatement shall state in
detail the manner in which the lawyer has complied with all requirements under
this chapter. Only verified attendance
at sufficient hours of approved CLE activities for the period of suspension
shall be considered full compliance with the attendance requirements of this
chapter.
(4) Disciplinary suspension. A lawyer suspended as a result of
disciplinary action following referral under SCR 31.10(2) may petition the
supreme court for reinstatement under SCR 22.28.
SCR 31.12 Extensions and waivers.
(1) The board may extend time deadlines for
completion of attendance and reporting requirements in cases of hardship or for
other compelling reasons.
(2) The board may waive attendance and reporting
requirements where to do otherwise would work an injustice.
SCR 31.13 Service; filing.
(1) Service under this chapter means a
communication made by certified mail and is complete upon mailing. Service on a
lawyer is sufficient if addressed to the lawyer's address last listed with the
state bar. Service on the board is sufficient if addressed to the board at its
office.
(2) A report or other communication to the board
under this chapter is timely filed if any of the following is applicable:
(a) The report or other communication, together with the
applicable fees, is received at the board's office within the time specified
for filing.
(b) The report or other communication, together with the
applicable fees, is sent to the board's office through the United States Postal
Service by 1st class mail, including express or priority mail, postage prepaid,
and bears a postmark, other than a commercial postage meter label, showing that
the communication was mailed on or before the last day for filing.
(c) The report or other communication, together with the
applicable fees, is delivered on or before the last day for filing to a
3rd-party commercial carrier for delivery to the board's office within 3
calendar days.
SCR 31.14 Rule‑making authority.
The board
may promulgate rules to carry out the purposes of this chapter.
Chapter
repealed and recreated by S.Ct. Order July 1, 1986, effective January 1, 1987;
May 10, 1988; January 1, 1989; October 17, 1990; January 1, 1991; February 1,
1991; October 24, 1991; December 10, 1992; November 18, 1994; December 3, 2008;
January 6, 2009; June 1, 2009; September 10, 2009.
APPENDIX
Rules of the Board of Bar Examiners
CLE 1.01
The year
of an attorney's admission to the State Bar of Wisconsin shall be the year
carried on the computer records of the State Bar unless the lawyer notifies the
Board in writing prior to the end of his or her first reporting period that the
State Bar data is incorrect and attaches supporting documentation.
CLE 1.02
Except
for repeated on-demand programs, the minimum number of persons attending a
course shall be two attendees and one moderator. Fewer than that number, and the course shall
be deemed to be self-study and shall not be approved for CLE credit.
The
classification of State Bar of Wisconsin membership on the February 1
immediately following the end of the lawyer's reporting period will govern
whether a report will be required. The Board will grant lawyers who change to
inactive status after February 1 according to State Bar records a deferment of
the 30 hours then due on receipt of a written request that is accompanied by
the late fee then due and the written statement of the State Bar that the
lawyer has in fact already converted his or her membership to inactive status.
A request will be considered timely if received at the Board office by the
close of business on the date that the lawyer's suspension is to go into effect
pursuant to SCR 31.10(1); that is, the filing date established by that rule.
CLE 3.015
(1) Lawyers who have been in
inactive status for less than 2 years, or have been voluntarily resigned from
the State Bar for less than 2 years, must complete 30 hours of CLE (including 3
ethics hours) prior to resuming active status.
(2) Lawyers who have been in
inactive status for more than 2 years, or have been voluntarily resigned from
the State Bar for more than 2 years, must complete 60 hours of CLE (including 3
ethics hours) prior to resuming active status.
(3) Lawyers may satisfy the
requirements of the above subsections if they demonstrate to the board that,
during the entire time they were in inactive status, (i) they were admitted to
the practice of law in another jurisdiction that had mandatory continuing legal
education requirements, and (ii) they were current in meeting those
requirements.
(4) Lawyers who resume active
status must also satisfy the requirements of SCR 31.02 for the reporting period
in which they are reactivated.
(5) CLE requirements under
this section shall not be greater than they would have been if the lawyer had
not been in inactive status.
CLE
3.02
(1) No
late fee will be assessed against lawyers who complete their reporting and
attendance requirements by the February 1 following the end of their reporting
period.
(2)
Lawyers who have been served with the notice of noncompliance set out in SCR
31.10(1) may avoid the automatic suspension therein described if, within 60
days after service, they (a) complete their reporting and attendance
requirements and (b) pay the late fee.
CLE 3.03
Where CLE
Form 1 appears in SCR Chapter 31, it shall also include written amendments of a
CLE Form 1 previously filed for the same reporting period. Such amendments are subject to the same
deadlines as the CLE Form 1.
CLE 4.01
Although
a lawyer is exempt from attendance or reporting in the calendar year during
which his or her admission falls, the lawyer may report on the CLE Form 1 due
at the end of the first full two-year reporting period any approved hours up to
a maximum of 15 that were attended between the date of admission and the end of
the calendar year in which his or her admission to the practice of law
occurred. Hours carried in under this
provision may not be used to satisfy the legal ethics and professional
responsibility requirement in accordance with SCR 31.05(2)(c).
Sponsors must
provide a method for lawyers who have taken on-line on-demand programs to
submit questions, and must provide answers supplied by instructors who are
qualified by practical and academic experience with fifteen business days, at
no additional cost.
(1) Applications for approval of on-line
on-demand programs must be accompanied by
(a) A copy of the on-line
on-demand program on DVD;
(b) A statement of the manner in
which the sponsor intends to comply with CLE 5.01.
(2) Sponsors with general
program approval under SCR
31.08(3) need not comply with the requirements of
sub. (1).
ATTENDANCE AND REPORTING REQUIREMENTS FOR PERSONS UPON REACTIVATION OR
REINSTATEMENT
CLE 6.01
Compliance
with CLE make up requirements shall be a prerequisite to reactivation of
membership in the State Bar of Wisconsin.
STANDARDS FOR APPROVAL OF CONTINUING LEGAL
EDUCATION ACTIVITIES
Except for repeated
on-demand programs as defined in SCR 31.01(6m), self-study courses as defined
in CLE 1.02, and courses explicitly disapproved in Wisconsin, courses approved
for CLE credit by, and attended in, any other state or territory or the
District of Columbia are deemed approved for the same number of hours and for
the same purposes in Wisconsin. To take
advantage of this section, lawyers must document the out-of-state approval in
connection with filing their CLE Form 1.
CLE 7.01
The
following portions of the program may not be counted for credit: breaks, business meetings, and similar
non-academic activities.
CLE 7.02
Credit
hours shall be rounded down to the nearest whole or half hour. Hours of credit shall be determined by the
following formula: Total minutes minus nonacademic portions (breaks, business
meetings) divided by 50 minutes equal the hours of CLE credit.
CLE 7.03
Approved
hours merely reflect a maximum that may be earned through attendance. Only
actual attendance by the lawyer may be used to satisfy the Wisconsin
requirement.
CLE 7.04
Credit
will not be allowed for any program which in its entirety lasts less than 50
minutes.
CLE 7.05
[Repealed.]
CLE 7.06
(1) A published legal writing is defined as
material that satisfies all of the following criteria:
(a) It is in printed form as a book, a supplement
or a pocket part to a book, or an article in a publication that is included in
the Index to Legal Periodicals. For the purposes of this definition, systems
manuals that are developed and offered for sale are deemed to be books;
(b) It is commercially available or distributed
to at least 500 lawyers; and
(c) It satisfies the criteria set forth in SCR
31.07(2)(a) and (b) in that its objective is to increase the reader's
professional competence as a lawyer, and in that its content must deal
primarily with matters related to the practice of law, professional
responsibility or ethical obligations of lawyers.
(2) Published legal writings specifically exclude
the following:
(a) Compilations of materials written by others;
(b) Contributions to newsletters;
(c) Written materials that are developed and
distributed at CLE activities in accordance with SCR 31.07(2)(e).
CLE 7.07
In order
to request approval for a published legal writing, a CLE Form 4 and a copy of
the published legal writing must be submitted by its author to the Board.
CLE 7.08
A lawyer
may claim his or her actual preparation time up to a maximum of 15 hours for
any approved published legal writing.
CLE 7.09
A lawyer
may not claim in excess of 15 hours for all approved published legal writings
in any one reporting period.
CLE 7.10
The only
reporting period in which hours for an approved published legal writing may be
claimed is that in which the writing was published.
PROCEDURE FOR APPROVAL OF CONTINUING LEGAL
EDUCATION ACTIVITIES
Approval
may be refused to a sponsor for any course which has previously been falsely
advertised as approved by the Board of Bar Examiners.
General
program sponsorship does not extend to activities in which the sponsor acts as
the co-sponsor of an activity. Approval
shall be sought by letter from the general program sponsor to the Board.
Any sponsor holding general program
approval that fails to cooperate with the administrative requirements developed
by the Board may have its general program approval revoked by the Board.
CLE 8.04
CLE Form
2 shall be submitted to the Board to initiate a request for course
approval. The Board will accept a
uniform national course approval request form at the discretion of its Board.
CLE 8.05
CLE Form
5, or CLE Form 2, shall be submitted to initiate a request for legal ethics and
professional responsibility approval.
The Board will accept a uniform national course approval request form at
the discretion of its Board.
PURSUANT TO SCR 31.11
CLE 11.02
Petitions for reinstatement pursuant
to SCR 31.11(1)(a) must be executed under oath or affirmation.
CLE 11.03
The number of hours required of a
lawyer seeking reinstatement is 30 per previous reporting period up to a
maximum of 60; in addition, the lawyer will be required to meet the requirement
for the reporting period in which his or her reinstatement falls.
CLE 11.04
The Board
will accept the election of the SCR 31.04(2) exemption, if appropriate, in
satisfaction of its requirement for reinstatement only for the reporting period
from which the suspension arose; that is, the exemption may not be used toward
reinstatement for any reporting period subsequent to the reporting period from
which the suspension arose.
The Board will consider extensions for
completion of attendance and reporting requirements only upon written request.
CLE 13.01
The Board
will not accept facsimile transmissions in satisfaction of its filing
requirements.
CLE
14.01
As an agency of the Supreme Court, the Board is not subject
to Subchapter V of Chapter 19 of the Wisconsin Statutes, relating to open
meetings of governmental bodies.
However, the Board posts the dates, locations and agendas of its
meetings in its Internet web site and invites the public to attend its
meetings. Members of the public are not
allowed to attend meetings or parts of meetings that involve confidential
matters. Examples of confidential
matters include (i) individuals' applications for admission to the Wisconsin
bar, (ii) hearings on admission applications and (iii) bar examination
questions.
Adopted
December 12, 1986, by the Board of Attorneys Professional Competence; amended
July 8, 1988; December 9, 1988; March 23, 1990; September 21, 1990; March 22,
1991; December 12, 1991; May 14, 1992; May 3, 1994; August 25, 1994; November
14, 2001; January 23, 2002; August 17, 2004; January 29, 2007; January 11,
2008; December 3, 2008; May 1, 2009.