Rule 402 - Education Requirement - ReportExcept as provided in Rule 408, all Active and House Counsel Members shall complete and report CLE credits as provided in this section.
(a)Minimum Requirements.(1) Active and House Counsel Members shall complete a minimum of thirty (30) credit hours of Accredited Activity in every three (3) year reporting period.(2) Beginning with the attorney's next full reporting period after the effective date of these Rules and thereafter, at least three (3) CLE credits shall be in courses on legal ethics or professional responsibility, as approved by the Board or its designee. Such courses may include discussion of the Idaho Rules of Professional Conduct, professionalism and civility, client trust account administration and legal malpractice prevention.(3) No more than fifteen (15) of the required thirty (30) credits may be self-study credits.(4) Attorneys holding themselves out as specialists or certified specialists, as provided in Section X of the I.B.C.R., shall comply with the requirements of the applicable certifying organization for completion of CLE credits in the specialty area.(5) Fulfillment of the credit requirements specified in subsections (1) through (4) above may be concurrent.(b)Reporting Period. (1)General. Except as provided in subsection (2), the reporting period for Active and House Counsel Members shall be every three (3) calendar years.(2)Exceptions.(A) Upon an attorney's admission to the Bar as an Active or House Counsel Member, the reporting period shall begin on the date of admission and end on December 31 of the third full calendar year following admission.(B) The reporting period for an attorney who transfers to active status under I.B.C.R. 306 shall begin on the effective date of the transfer and end on December 31 of the third full calendar year following transfer, provided: (i) Any CLE credits obtained to satisfy transfer requirements shall not apply to the new reporting period; and(ii) The reporting period for an attorney who transfers to Active status after less than one (1) year on another status shall be the same reporting period that was applicable prior to the attorney's transfer from Active status.(C) The reporting period for an attorney whose license has been reinstated under I.B.C.R. 305 shall be the same reporting period that was applicable prior to the license cancelation, provided that any CLE credits obtained to satisfy requirements for reinstatement shall not apply to the reporting period.(c)* Certificate of Compliance. An attorney who is required to complete CLE credits under subsection (a) shall submit a written Certificate of Compliance, on a form prescribed by the Board, verifying the attorney's CLE compliance for the applicable reporting period. (1)Content. The Certificate of Compliance shall set forth the record of the attorney's compliance with these Rules during the reporting period and shall contain at least: (A) A list of the Accredited Activities attended;(B) The dates of attendance;(D) The hours attended, rounded to the nearest quarter of an hour; and(E) The attorney's signature, under penalty of perjury.(2)Place of Submission. The Certificate of Compliance shall be submitted to the Executive Director.(3)Time of Submission. The Certificate of Compliance shall be submitted on or before February 1 of the year immediately following the conclusion of the reporting period. (*Section (c) amended 2-25-16 - effective 7-1-16)
(d)Verification of Compliance. The Executive Director shall cause up to ten percent (10%) of the Certificates of Compliance submitted pursuant to subsection (c) to be randomly reviewed to verify compliance.(e)* Exemptions. Exemptions from all or part of the CLE requirements of subsection (a) may be granted as follows: (1)Eligibility. An exemption may be granted: (A) Upon a finding by the Executive Director of special circumstances constituting an undue hardship for the attorney; or(B) Upon verification of the attorney's disability or severe or prolonged illness, in which case all or a specified portion of CLE credits may be earned through self-study; or(C) For an attorney on full-time active military duty who does not engage in the practice of law in Idaho.(2)Request for Exemption. An attorney may request an exemption by submitting a written request to the Executive Director setting forth the grounds for the exemption.(3)Time for Submission. A request for an exemption must be submitted to the Executive Director at least sixty (60) days prior to the end of the attorney's three (3) year reporting period. (*Section (e) amended 3-30-17; and amended 2-25-16 - effective 7-1-16)
(f)* New Admittee Education Requirement. Commencing on the date of admission to the Bar and within one (1) year thereafter, attorneys shall complete and report the following CLE credits: (1)NAC-Approved CLE Credits. Attorneys shall complete at least ten (10) NAC-Approved CLE credits, which shall be counted towards satisfying the thirty (30) credit requirement set forth in subsection (a)(1).(2)Idaho Substantive Law Requirement. Of the ten (10) NAC-Approved CLE credits required in subsection (f)(1), attorneys shall complete Accredited Activities addressing Idaho law on ethics, civil and criminal procedure, and community property. The Board shall approve and administer the Accredited Activities that satisfy the Idaho substantive law requirements of this Rule.(3)New Attorney Program. An attorney who has actively practiced law for less than three (3) years prior to admission to the Bar shall also complete the New Attorney Program, which shall consist of an introduction to practice, procedure and ethics. The New Attorney Program CLE credits shall count towards satisfying the NAC-Approved CLE credit requirement in subsection (f)(1).(4)Extension. An attorney may request an extension of time to complete these requirements by filing a written petition with the Executive Director within one (1) year of admission as an Active or House Counsel Member. The Executive Director may grant the extension upon a showing by the attorney that completion of these requirements would cause a substantial hardship.(5)Noncompliance. An attorney's failure to complete these requirements shall be grounds for a finding of noncompliance under Rule 406.Section (f) and (c) amended 2/25/2016; effective 7/1/2016; Section (e) amended 3/30/2017; and amended 2/25/2016; effective 7/1/2016.