Rule 29 - Mandatory Continuing Legal EducationSECTION 1.PURPOSE. The purpose of this Rule is to establish minimum continuing legal education requirements for each Attorney admitted to the Bar of the State of Indiana and each non-attorney judge. The minimum continuing education requirements for an Attorney who serves as a Judge in the State of Indiana shall be governed by the provisions of Admission and Discipline Rule 28.
SECTION 2.DEFINITIONS. As used in this Rule:
(a)Approved Courses shall mean those Substantive Legal Courses and those Non Legal Subject Matter Courses (as defined below), which are approved under the Commission's Accreditation Policies in the Guidelines to this Rule. (b)Attorney shall mean a person who has been admitted to practice law in the State of Indiana and whose name appears in the files of the Board of Law Examiners as provided under Admission and Discipline Rule 4. The term Attorney includes a state or federal administrative law judge.(c)Bar shall mean the Indiana Bar and includes those persons who are Attorneys under subsection (b) above. (d)Business Day shall mean Monday, Tuesday, Wednesday, Thursday and Friday of each week but shall not include Federal or Indiana state holidays. (e)Clerk shall mean Clerk of the Indiana Supreme Court, Court of Appeals and Tax Court. (f)Commission shall mean the Indiana Commission For Continuing Legal Education created by Section 4 of this Rule. (g)Commissioner shall mean a person who is a member of the Commission. (h)Educational Period shall mean a three-year period during which an Attorney must complete thirty-six (36) hours of Approved Courses. Educational Periods shall be sequential, in that once an Attorney's particular three-year period terminates, a new three-year period and thirty-six hour minimum shall commence. (i) [Deleted, eff. January 1, 2011](j)Non Legal Subject Matter Courses shall mean courses that the Commission approves for Non Legal Subject Matter credit pursuant to Section 3(a) of this Rule because, even though they lack substantive legal content, they nonetheless enhance an attendee's proficiency in the attorney's practice of law. (k)Supreme Court shall mean the Supreme Court of the State of Indiana. (l)Year shall mean calendar year unless otherwise specified in this Rule. (m)Professional Responsibility Credits shall mean credits for topics that specifically address legal ethics or professional responsibility. (n)Distance Education shall mean instructional delivery that does not constrain the student to be physically present in the same location as the instructor and does not require an attendant at the learning site to monitor attendance. SECTION 3.EDUCATION REQUIREMENTS. (a) Every Attorney, except as provided below, shall complete no less than six (6) hours of Approved Courses each year and shall complete no less than thirty-six (36) hours of Approved Courses each Educational Period. At least three (3) hours of Approved Courses in professional responsibility shall be included within the hours of continuing legal education required during each three-year Educational Period. Such hours may be integrated as part of a substantive program or as a free standing program. No more than twelve (12) hours of the Educational Period requirement shall be filled by Non Legal Subject Matter Courses. No more than three (3) hours of the Educational Period requirement shall be filled through in-house education programs in accordance with the Guidelines. All credits for a single educational activity will be applied in one (1) calendar year.(b) Attorneys admitted to the Indiana Bar before December 31, 1998, on the basis of successfully passing the Indiana Bar examination, shall have a grace period of three (3) years commencing on January 1 of the year of admission and then shall commence meeting the minimum yearly and Educational Period requirements thereafter. Attorneys admitted after December 31, 1998, shall commence meeting the yearly and Educational Period requirements starting on January 1 after the year of their admission by completing programs designated by the Commission as appropriate for new lawyers. For Attorneys admitted after December 31, 1998, at least six (6) of the thirty-six (36) Educational Period requirements shall be satisfied by attending an Applied Professionalism Program for Newly Admitted Attorneys which has been accredited by the Commission.
(c) Attorneys admitted on foreign license or Attorneys who terminate their inactive status shall have no grace period. Their first three year Educational Period shall commence on January 1 of the year of admission or termination of inactive status. (d) In recognition of the nature of the work, commitment of time, and the benefit of Attorney participation in the Indiana General Assembly, during an Attorney's Educational Period, for each calendar year in which the Attorney serves as a member of the Indiana General Assembly for more than six (6) months, the Attorney's minimum number of continuing legal education hours for that Educational Period shall be reduced by nine (9) hours. (e) Elected members of the executive branch of the United States Government and members of the United States Senate and the United States House of Representatives are exempt from this Rule while serving in such capacity.SECTION 4.COMMISSION FOR CONTINUING LEGAL EDUCATION. (a)Creation of the Commission. A commission to be known as the Indiana Commission For Continuing Legal Education is hereby created and shall have the powers and duties hereinafter set forth. The Commission shall consist of eleven (11) Commissioners. (b)Appointment of Commissioners. All Commissioners shall be appointed by the Supreme Court. (c)Diversity of Commissioners. It is generally desirable that the Commissioners be selected from various geographic areas and types of practice in order to reflect the diversity of the Bar and consideration should be given to the appointment of one (1) non-lawyer public member. The three (3) geographic divisions used for selecting Judges for the Indiana Court of Appeals in the First, Second and Third Districts may be used as a model for achieving geographic diversity. (d)Terms of Commissioners. Commissioners serve a five-year term that begins on July 1 of the year of appointment. Any Commissioner who has served for all or part of two consecutive terms may not be reappointed to the Commission for at least three consecutive years. SECTION 5. ORGANIZATION OF THE COMMISSION. (a)Election of Officers. At the first meeting of the Commission after each December 1, the Commissioners shall elect from the membership of the Commission a Chair who shall preside at all meetings, a Vice Chair who shall preside in the absence of the Chair, and a Secretary who shall be responsible for keeping the minutes of the meetings of the Commission. (b)Meetings. The Commission shall meet at least twice each year at times and places designated by the Chair. The Chair, the Executive Committee or any six (6) Commissioners may call special meetings of the Commission. (c)Notices. The Executive Director of the Indiana Office of Admissions and Continuing Education shall send notice of each meeting of the Commission, stating the purposes of the meeting, to all Commissioners at least five (5) business days before the meeting. Commissioners may waive notice of a meeting by attending the meeting or by delivering a written waiver to the Executive Director of the Indiana Office of Admissions and Continuing Education either before or after the meeting. (d)Quorum. Six (6) Commissioners shall constitute a quorum for the transaction of business. The Commission shall act by a majority of the Commissioners constituting the quorum. Commissioners may participate in meetings of the Commission and committees thereof by telephone or other similar device. (e)Vacancies. Any vacancy on the Commission shall be filled as soon as practical and the new Commissioner so appointed shall serve out the unexpired term of the Commissioner being replaced. (f)Executive Committee. The officers of the Commission described in subsection (a) of this Section shall comprise the Executive Committee which shall have the power to conduct all necessary business of the Commission that may arise between meetings of the full Commission. Three (3) officers of the Commission shall constitute a quorum of the Executive Committee, and the Executive Committee shall act by a vote of a majority of the officers constituting the quorum. All action taken by the Executive Committee shall be reported to the full Commission at its next meeting. (g)Other Committees. The Commission may appoint such other committees having such powers and duties as the Commission may determine from time to time. SECTION 6.POWERS AND DUTIES OF THE COMMISSION AND EXECUTIVE DIRECTOR. (a) In addition to the powers and duties set forth in this Rule or Rule 28, the Commission shall have the power and duty to: 1. Approve all or portions of individual educational activities which satisfy the legal education requirements of this Rule. 2. Approve Sponsors who meet the Requirements of Section 4 of the Commission's Guidelines and whose educational activities satisfy the legal education requirements of this Rule. The Judicial Conference and all seminars conducted by the Indiana Office of Judicial Administration (IOJA) shall be approved for credit . 3. Determine the number of credit hours allowed for each educational activity. 4. Establish an office to provide administrative and financial record-keeping support of the Commission and to employ such persons, sponsors, or providers as the Commission may in its discretion determine to be necessary to assist in administering matters solely of a ministerial nature under this Rule. 5. Review this Rule and Commission Guidelines from time to time and make recommendations to the Supreme Court for changes. 6. Upon approval of the Supreme Court publish proposed guidelines and procedures through West Publishing Company and Res Gestae and file the proposed guidelines and procedures with the Clerk. 7. Provide quarterly financial reports and an annual report of the Commission activity to the Chief Justice of the Supreme Court. A proposed budget for the coming fiscal year (July 1-June 30) shall be submitted to the Chief Justice no later than May 1 of each year. 8. Do all other things necessary and proper to carry out its powers and duties under this Rule. 9. Perform all other duties as set forth in Indiana Admission and Discipline Rule 30 and The Indiana Alternative Dispute Resolution Rules. (b) In addition to the powers and duties set forth in this Rule, the Executive Director shall have the power and the duty to: 1. Administer the Commission's work. 2. Appoint, with the approval of the Commission, such staff as may be necessary to assist the Commission to carry out its powers and duties under this Rule. 3. Supervise and direct the work of the Commission's staff. 4. Supervise the maintenance of the Commission's records. 5. Enforce the collection of fees that attorneys, sponsors, mediators and independent certifying organizations must pay pursuant to this Rule, Admission and Discipline Rule 28, Admission and Discipline Rule 30 and the Indiana Alternative Dispute Resolution Rules. 6. Enforce the continuing legal education requirements of Judges and Attorneys under this Rule. 7. Assist the Commission in developing guidelines. 8. Perform such other duties as may be assigned by the Commission in the furtherance of its responsibilities hereunder. SECTION 7.COMPENSATION OF COMMISSIONERS. (a) The Supreme Court shall specifically approve all salaries to be paid out of Continuing Legal Education Fund. Commissioners shall be paid one hundred dollars ($100) for each meeting of the Commission they attend and be reimbursed for expenses in accordance with guidelines established by the State of Indiana. SECTION 8.EXEMPTIONS AND OTHER RELIEF FROM THE RULE. (a) An Attorney shall be exempted from the educational requirements of the Rule for such period of time as shall be deemed reasonable by the Commission upon the filing of a verified petition with the Commission and a finding by the Commission that special circumstances unique to the petitioning Attorney have created undue hardship. Subsequent exemptions may be granted. Attorneys in the military who are mobilized or deployed outside the United States and who present their orders to the Commission along with a verified petition to establish undue hardship may be CLE exempted for a period of up to three years. The Commission may set forth further requirements and/or limitations for any exemption that is issued or granted under this subsection, including but not limited to the requirement of annual renewals or reporting.(b) An Attorney who is physically impaired shall be entitled to establish an alternative method of completing the educational requirements of this Rule upon the filing of a verified petition with the Commission and a finding by the Commission that the alternative method proposed is necessary and consistent with the educational intent of this Rule. Any petition filed under this subsection shall contain a description of the physical impairment, a statement from a physician as to the nature and duration of the impairment, a waiver of any privileged information as to the impairment, and a detailed proposal for an alternative educational method. Attorneys in the military who are on active duty in the United States and who present their orders to the Commission along with a verified petition may be allowed to complete their educational requirements through an alternative educational method. This allowance may be extended for a period of up to three years.(c) An Attorney shall be exempt from the educational and reporting requirements of this Rule if the Attorney has filed an affidavit of inactivity or a retirement affidavit under Section (c) or (d) of Ind. Admission and Discipline Rule 2. An Attorney who has been inactive for less than a year, and desires to resume active status, shall complete any balance of his or her yearly Educational Period requirements as of the date of inactive status.(d) An Attorney who believes that he or she will be unable to make timely compliance with the educational requirements imposed by this Rule may seek relief from a specific compliance date by filing a verified petition with the Commission. The petition shall set forth reasons from which the Commission can determine whether to extend such compliance date. A petition seeking such an extension of time must be filed as much in advance of the applicable compliance date as the reasons which form the basis of the request afford. The Commission, upon receipt and consideration of such petition, shall decide if sufficient reasons exist, and may grant an extension for such period of time as shall be deemed reasonable by the Commission. Attorneys in the military who are on active duty may petition for an extension of time to complete their educational requirements. In no event shall such an extension be granted beyond the time when the next compliance date, as required by the Rule, occurs. SECTION 9.ANNUAL REPORTING TO ATTORNEYS. (a) On or before September 1 of each year, the Commission shall mail or electronically transmit to each Attorney , a statement showing the Approved Courses which the Attorney is credited on the records of the Commission with having attended during the current year and the current Educational Period. This statement will be sent to the mail or e-mail address for the Attorney listed on the Roll of Attorneys maintained by the Executive Director of the Indiana Office of Admissions and Continuing Education. An Attorney shall at all times keep his or her mailing or e-mail address current with the Roll of Attorneys. If the Attorney has completed the minimum hours for the year or Educational Period, the statement will so reflect and inform the Attorney that he or she is currently in compliance with the education requirements of the Rule. It shall not be a defense to noncompliance that an Attorney has not received an annual statement. Additional statements will be provided to an Attorney upon written request and a five dollar ($5.00) fee made payable to the Continuing Legal Education Fund. If the statement shows the Attorney is deficient in educational hours, but the Attorney believes he or she is in compliance for the year or Educational Period the Attorney shall file a letter of explanation, a Sponsor certification of course attendance, a personal affidavit of attendance, and an application for course accreditation. All fees must be included with the submission. The documents required by this subsection shall be filed by December 31 of the year or Educational Period in question unless an extension of time to file the same has been granted by the Commission. When an Attorney has resolved the above discrepancies, the Commission shall issue a statement showing that the Attorney is in compliance with the Rule for the year or Educational Period. In the event credit is not granted, the Attorney shall have thirty (30) days after written notification of that fact to comply with the educational requirements or appeal the determination pursuant to Section 11. Failure to do so will result in referral to the Supreme Court for suspension.
(b) If the statement incorrectly reflects that the Attorney has completed the minimum hours for the year or the Educational Period, then it shall be the duty of the Attorney to notify the Commission and to complete the educational requirements mandated by this Rule. (c) All fees must be paid in order for an Attorney to be considered in compliance with this Rule.SECTION 10.SANCTIONS AND REINSTATEMENTS. (a)Sanctions. On January 1, a one hundred fifty dollar ($150.00) late fee accrues against each Attorney who has not met his/her yearly or Educational Period requirements for the period ending December 31st of the previous year. On February 1 of each year the Commission shall mail or electronically transmit a notice assessing a one hundred fifty dollar ($150.00) late fee to those Attorneys who are shown as not having completed the yearly or Educational Period requirements. The Commission will consider the Attorney delinquent for CLE until both certification of attendance at a CLE program and payment of the late fee are received. Late fees and surcharges are to be deposited by the Commission immediately upon receipt. If the delinquent Attorney has not fulfilled the yearly or Educational Period requirements at the time the Court issues an order suspending that Attorney, the delinquency fee is forfeited. If the Attorney is reinstated to the practice of law pursuant to the provisions of Admission and Discipline Rule 29(10) within one (1) year of suspension, any forfeited late fee shall be credited toward the reinstatement fee. A one hundred dollar ($100.00) surcharge will be added to the late fee for each consecutive year for which an Attorney fails to timely comply with CLE requirements. On May 1 of each year, a list of those Attorneys still failing to complete the yearly or Educational Period requirements will be submitted to the Supreme Court for immediate suspension from the practice of law. These Attorneys will suffer the suspension of their license to practice law and all related penalties until they are reinstated.
(b)Reinstatement Procedures. An Attorney suspended shall be automatically reinstated upon petition to the Commission and payment of a two hundred dollar ($200.00) reinstatement fee in addition to any applicable surcharge. The petition must demonstrate the petitioner's compliance according to the following reinstatement schedule: (1) for a suspension of one (1) year or less the petitioner must, between the date of suspension and the date of the petition for reinstatement: (i) complete the hours required to satisfy the deficiency which resulted in the suspension; and (ii) complete six (6) additional hours of Approved Courses in a separate course or courses; (2) for a suspension of more than one (1) year a petitioner must, between the date of suspension and the date of the petition for reinstatement: (i) complete the hours required to satisfy the deficiency which resulted in the suspension; (ii) complete thirty-six 36 hours of Approved Courses, twelve (12) hours of which must have been completed within the last twelve (12) month period prior to the date of the petition; and(iii) begin a new Educational Period as of January 1st of the year of reinstatement pursuant to Section 3(a) of this Rule. The Commission shall issue a statement reflecting reinstatement which shall also be sent to the Executive Director of the Indiana Office of Admissions and Continuing Education to show on the Roll of Attorneys that the Attorney is in good standing. An Attorney suspended by the Supreme Court who continues to practice law shall be subject to the sanctions for the unauthorized practice of law.
Extensions to provide course attendance certifications for courses which were timely taken may be granted for good cause shown; extensions of time to complete educational requirements are not permitted except under Section 8 of this Rule. Providing or procuring of false certifications of attendance at educational courses shall be subject to appropriate discipline under the Admission and Discipline Rules.
SECTION 11.APPEALS REGARDING COMMISSION RECORDS. Any Attorney who disagrees with the records of the Commission in regard to the credits recorded for the Attorney during the current year or Educational Period and is unable to resolve the disagreement pursuant to Section 9 of this Rule, may petition the Commission for a determination as to the credits to which the Attorney is entitled. Petitions pursuant to this Section must be received by the Commission within thirty (30) days of the Commission's written notification that credit has not been granted and shall be considered by the Commission at its next regular or special meeting, provided that the petition is received by the Commission at least ten (10) business days before such meeting. The Attorney filing the petition shall have the right to attend the Commission meeting at which the petition is considered and to present relevant evidence and arguments to the Commission. The rules of pleading and practice in civil cases shall not apply, and the proceedings shall be informal. The determination of the Commission shall be final as to the number of credits for the Attorney and shall be appealable directly to the Supreme Court. In the event of a good faith dispute pursuant to this Section, the educational and reporting deadlines of this Rule shall be extended until thirty (30) days after the full Commission has ruled on the disputed issue, or if an appeal is taken, until thirty (30) days after the Supreme Court has ruled on the disputed issue.
SECTION 12.PETITIONS. Any petition filed with the Commission pursuant to this Rule shall be in writing and shall be signed and verified by the Attorney seeking relief. The petition shall be sent by registered or certified mail to the attention of the Executive Director at the Commission's offices at the address shown on the most recent statements or Commission's web page pursuant to Section 9 of this Rule.
SECTION 13.CONFIDENTIALITY. Unless otherwise directed by the Supreme Court or by another court having jurisdiction, the files, records, and proceedings of the Commission, as they may relate to or arise out of an Attorney, Mediator, or Sponsor attempting to satisfy the continuing legal educational requirements of this Rule, or the requirements of the Indiana Alternative Dispute Resolution Rules shall be confidential and shall not be disclosed except in furtherance of the duties of the Commission or upon the request of the Attorney, Mediator, or Sponsor affected.
SECTION 14.CONFLICT OF INTEREST. A member, agent or administrator of the Commission shall abstain from participating in any decision involving a sponsor or provider of educational services of which he or she is an officer. A member, agent or administrator of the Commission shall not be an employee of an entity principally engaged in sponsoring or providing continuing legal education services.
Ind. R. Att'y Adm. & Discip. 29
Adopted eff. 10/1/1986; amended eff. 4/16/1987; amended eff. 10/15/1987; amended eff. 6/8/1988; amended eff. 7/28/1989; amended Nov. 30, 1989, eff. 1/1/1990; amended eff. 1/16/1990; amended eff. 5/11/1990; amended eff. 1/1/1991; amended eff. 5/23/1991; amended eff. 9/21/1993; amended eff. 9/22/1993; amended eff. 2/1/1996; amended Dec. 23, 1996, eff. 3/1/1997; amended Nov. 25, 1997, eff. 1/1/1998; amended eff. 1/23/1998; amended eff. 2/4/2000; amended Sep. 13, 2013, eff. 1/1/2015; amended eff. 1/1/2017; amended Oct. 30, 2017, eff. 1/1/2018; amended Oct. 9, 2018, eff. 1/1/2019; amended Dec. 18, 2018, eff. 12/18/2018; amended October 6, 2021, effective 1/1/2022; amended June 6, 2022, effective 6/6/2022; amended June 28, 2023, effective 7/1/2023.