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STATE OF MINNESOTA IN SUPREME COURT ADM09-8008 (formerly C2-84-2163)

ORDER PROMULGATING AMENDMENTS TO THE RULES OF THE MINNESOTA STATE BOARD OF CONTINUING LEGAL EDUCATION

ORDER

The Minnesota State Board of Continuing Legal Education submitted a proposal for amendments to the Rules of the Minnesota State Board of Continuing Legal Education. After a period for public comment, the Court has reviewed the recommendations and the proposed amendments and is fully advised in the premises. IT IS HEREBY ORDERED that the attached amendments to the Rules of the Minnesota State Board of Continuing Legal Education be, and same are, prescribed and promulgated to be effective February 1, 2010. Dated: January 6, 2010 BY THE COURT:

/s/ Eric J. Magnuson Chief Justice

AMENDMENTS TO THE RULES OF THE MINNESOTA STATE BOARD OF CONTINUING LEGAL EDUCATION
[Note: new material is indicated by underscoring; deleted material is indicated by strikethrough. The definitions in Rule 2 are reordered alphabetically, with only new material underscored.]

INDEX 1. Purpose 2. Definitions 3. State Board of Continuing Legal Education A. Membership of the Board B. Terms of Members C. Officers of the Board D. Authority of the Board E. Board Procedures F. Confidentiality G. Persons with Disabilities H. Payment of Expenses 4. Applying for Credit A. Course Approval and Fee Information B. Professional Responsibility or Ethics: General Treatment C. Sanctions for Failure to Include Ethics D. Law and Literature E. Notice of Credit 5. Standards for Course Approval A. General Standards B. Standards for Course Approval for In-House Courses 6. Special Categories of Credit A. Ethics and Professional Responsibility B. Elimination of Bias in the Legal Profession and in the Practice of Law C. Law Office Management D. Pro Bono Legal Representation 7. Other Credit A. Teaching Credit 1

B. Courses at Universities C. Retroactive Credit 8. Announcement of Approval 9. Affidavit of CLE Compliance A. Contents of Affidavit B. Special Categories of Credit BC. Timely Affidavit CD. Late Affidavit Fee DE. Notice of Noncompliance Fee F. Active Duty Military Service 10. Director's Determinations and Board Review A. Director's Determinations B. Board Review 11. Notice of Noncompliance A. Notice Required B. Service of Notice C. Contents of Notice D. Effect of Notice E. Board Hearing F. Decision G. Petition for Review 12. Restricted and Involuntary Restricted Status A. Election of Restricted Status B. Restrictions Imposed C. Transfer from Restricted Status to Active Status D. Transfer from Involuntary Restricted Status to Active Status E. Transfer from Involuntary Restricted Status to Voluntary Restricted Status 13. Transfer from Retired Status to Active Status A. Transfer from Active Status to Retired Status
B. Transfer from Retired Status to Active Status

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RULES OF THE MINNESOTA STATE BOARD OF CONTINUING LEGAL EDUCATION

*** Rule 2. Definitions

In these Rules, A. "Approved course" means a course approved by the Board. B. "Approved legal services provider" means a legal services organization that meets at least one of the following criteria: (1) Funded by the Legal Services Corporation, the Minnesota Legal Services Advisory Committee, or the Minnesota Lawyer Trust Account Board; or (2) Designated by the Minnesota Lawyer Trust Account Board as an approved legal service provider. Eligibility for designation is limited to: (a) 501(c)(3) nonprofit organizations that have as their primary purpose the furnishing of legal services to persons with limited means. (b) Law firms that conduct programs that have as their primary purpose the furnishing of legal services to persons with limited means and are under the supervision of a pro bono coordinator or designated lawyer. (c) Law firms that provide pro bono legal services on behalf of a Minnesota Judicial Branch program, including but not limited to, the Guardian ad Litem Program. C. "Board" means the State Board of Continuing Legal Education. D. "Chairperson" means the Chairperson of the Board. E. "Classroom setting" means a room, including an office, suitably appointed with chairs, writing surfaces, lecterns and other normal accouterments of a teaching room, which is exclusively devoted to the educational activity being presented. F. "Course in ethics or professional responsibility" means a course or session within a course that deals with the Minnesota Rules of Professional Conduct, the ABA Model Rules of Professional Conduct, the rules of professional conduct or professional responsibility of other jurisdictions, or the opinions and case law arising from the application of any of the above-specified rules, including a course or session within a course that addresses in a specific way concepts such as 3

professionalism, civility and ethical conduct in the practice of law and in the legal profession. G. "Course in the elimination of bias in the legal profession and in the practice of law" means a course directly related to the practice of law that is designed to educate attorneys to identify and eliminate from the legal profession and from the practice of law biases against persons because of race, gender, economic status, creed, color, religion, national origin, disability, age or sexual orientation. H. "Court" means the Supreme Court of the State of Minnesota. I. "Director" means the Director of the Board. J. For the purposes of Rule 5(B), an "Eestablished continuing legal education course sponsor," for the purposes of Rule 5B, is a person or entity regularly retained by firms or organizations for the purpose of presenting continuing legal education programs, which is completely independent of the firm or organization for whose members the continuing legal education course is presented. K. "Fee" means fundsa check or money order made payable to the Minnesota State Board of Continuing Legal Education. L. An "Iin-house course" is onemeans a course sponsored by a single private law firm, a single corporation or financial institution, or by a single federal, state or local governmental agency for lawyers who are members or employees of any of the above organizations. M. "Involuntary restricted status" means the status of a lawyer licensed in Minnesota who is not in compliance with the educational and reporting requirements of these Rules and who has been involuntarily placed in that status by order of the Court. See Rule 12 for additional provisions. N. "Laboratory setting" means a mock courtroom, law office, negotiation table, or other simulated setting in which demonstrations are given, role-playing is carried out or lawyers' activities are taught by example or participation. O. "Law and literature course" means a course otherwise meeting the requirements of Rules 4(D) and 5(A), based upon a literary text and designed to generate discussion, insight, and learning about topics such as the practice of law, the history and philosophy of law, rhetoric, lawyers' professional or ethical responsibilities, professional development, and the elimination of bias in the legal profession and in the practice of law.

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P. "Moderator" means an individual, knowledgeable in the topic or topics addressed by the course, who guides the discussion and answers questions related to the material presented. Q. "Participant" means a lawyer licensed in Minnesota attending an approved course and actively engaged in the subject matter being presented. R. "Pro bono client" means an individual, not a corporation or other organizational entity, who has been referred to the lawyer by an approved legal services provider or by a Minnesota Judicial Branch program. S. "Pro bono legal representation" means providing legal representation to a pro bono client without compensation, expectation of compensation, or other direct or indirect pecuniary gain. T. "Professional development course" means a course or session within a course designed to enhance the development and performance of lawyers by addressing issues such as career satisfaction and renewal, stress management, mental or emotional health, substance abuse, and gambling addiction. Professional development courses do not include individual or group therapy sessions. U. "Restricted status" means the status of a lawyer licensed in Minnesota who has voluntarily chosen not to comply with the educational and reporting requirements of these Rules. See Rule 12 for additional provisions. V. "Submit" means to communicate information to the Board office in writing or electronic submission: (1) through the Board's Online Attorney and Sponsor Integrated System (OASIS); (2) by regular U.S. Mail; or (3) by delivery.

Rule 3.

State Board of Continuing Legal Education

A. Membership of the Board. The Court shall appoint twelve members and a Chairperson. The membership of the Board shall consist of:

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