MCPE Question and Answers
1. When do the new MCLE requirements take effect?
Rule 22 of the Rules of the Supreme Court of the State of Hawaii (RSCH) became effective on January 1, 2010. Rule 22 requires that active members of the bar complete at least 3 credit hours of MCPE, and encourages completion of at least 9 hours of VCLE during each calendar year.
2. How do I report to the bar the total number of MCPE and VCLE credits I completed during each calendar year?
Active members of the bar must certify on their attorney registration statement, that they have completed at least 3 credit hours of MCPE during the previous calendar year, and report the number of VCLE credits completed during the previous calendar year.
3. If I earn more than 3 MCPE credits in a calendar year can I carry the excess forward to the next year?
Yes, you may carry forward a maximum of 3 credit hours from the year immediately preceding the current reporting year.
4. I am an active member of another state’s bar that also has a mandatory CLE credit requirement. Can those credits be used to satisfy Hawaii’s MCPE requirement?
The following credits completed out-of-state may be used to satisfy Hawaii’s MCPE requirement:
a) Credits from Professionalism or ethics courses or activities offered by approved Accredited Providers.
b) Credits from LIVE courses or activities you attend that are approved for credit by an approved jurisdiction.
c) Credits from other sources may be used to satisfy Hawaii’s MCPE requirement if, prior to attending the course, the member seeks and obtains approval from the Hawaii CLE Board.
5. Do I need to send the certificates of attendance I receive from attending approved courses to the HSBA?
No. You keep certificates of attendance from approved courses to help you track the credit hours you have taken during the year, and for audit purposes. Tracking forms are available online.
6. How long must I keep MCPE records?
You are required to keep records for the two most recent reporting years. These records may be subject to audit by the HSBA.
7. What kinds of courses qualify for MCPE credit?
Qualifying professional education topics include:
a) Hawaii Rules of Professional Conduct
b) Legal ethics
c) Law office management
d) Client trust account administration
e) Bias awareness and prevention
f) Access to Justice
g) Case and client management
h) Malpractice insurance and prevention
i) Approved combinations of all of the above.
8. What kinds of activities qualify for MCPE credit?
Qualifying activities include:
a) Preparing for and teaching approved MCPE courses
b) Conducting approved presentations in-house, for Inns of Court, bar sections, professional legal organizations etc.
c) Studying approved audio, video or other technology-delivered professional education courses.
d) Other HSBA approved activities.
9. How much credit do I receive for teaching an approved MCPE or VCLE course?
You may count two hours of preparation time for each hour spent teaching. In other words, you may claim three credit hours for preparing and teaching a one hour course.
10. What if I have not earned 3 credit hours of MCPE during the calendar year?
You may be administratively suspended from practicing law until you fulfill your MCPE credit hour requirement for the previous calendar year.
11. If I will be earning MCPE “catch up” credits to fulfill my previous year’s requirement in order to be reinstated to active status, can I use these “catch up” credits toward my current year’s MCPE requirement?
No. Only the credit hours completed in excess of the amount needed to fulfill your previous year’s requirement may be used to fulfill your current year’s requirement.
12. Can I continue to practice law if I don’t complete 3 credit hours of MCPE by December 31?
Yes. You may practice law unless or until you have been administratively suspended. Active attorneys who certify on their attorney registration statement that they have not completed 3 MCPE credit hours during the previous calendar year:
a) Will be sent a certified notice of noncompliance within 60 days following the registration filing deadline.
b) Within 30 days from the date the certified notice was mailed, attorneys receiving the notice may submit evidence to the bar that they have subsequently completed the required MCPE credit hours (complete the MCPE Certification Form available online), or that the notice of noncompliance was issued to them erroneously.
c) If an attorney fails to prove that he or she has subsequently completed the required MCPE credit hours during those 30 days, the attorney will be automatically suspended from practicing law.
13. What must I do to be reinstated to active status with the bar?
You will be reinstated if you:
a) Prove that you have completed 3 credit hours of MCPE (complete the MCPE Certification Form available online);
b) Paid the reinstatement fee set by HSBA; and
c) Paid all required fees and dues.
14. The HSBA has suspended me for not completing my MCPE requirement or reporting my MCPE/VCLE credit hours for the calendar year. Is there a review process?
Yes. You may petition the Hawaii Supreme Court for review of the HSBA’s determination that you failed to complete your MCPE requirement, or that the notice of noncompliance was issued to you erroneously. However, a petition to the Supreme Court will not stay the effective date of your suspension.
15. Do MCPE requirements apply to fulltime judges?
State judges are required to participate in and report at least 3 hours of an approved Judicial Education program, or comply with their requirement by such other means approved by the Supreme Court. Federal judges, magistrate judges, bankruptcy judges, U.S. Court of Federal Claims judges, and administrative law judges are exempt from rule 22.
16. If a state judge retires or resigns from the bench and returns to active status, does the MCPE requirement apply to them that year?
Yes, the MCPE requirement applies to all active attorneys. However, judicial education credits earned that year may be applied toward the MCPE requirement.
17. I am a newly admitted member of the bar electing active status, must I comply with the MCPE requirement this year?
No. The MCPE requirement is waived for the calendar year you are admitted to the bar. However, this waiver does not modify the requirement that you complete the HSBA course on Professionalism prior to the end of the year following the year you elect active status pursuant to RSCH Rule 1.14.
18. I am an inactive member now electing active status, what are my MCPE requirements?
You are required to complete and report to the HSBA that you have completed 3 hours of approved MCPE within 3 months of electing active status. Proof of compliance requires submitting the MCPE Certification Form available online and the Certificate(s) of Attendance/Completion showing 3 MCPE that was completed after changing to active status, to be received by the HSBA within 90 days of changing to active status. You must also complete an additional 3 MCPE credit hours by the end of the calendar year in which you elect active status. You must also comply with the requirements of RSCH1.14 if you have not previously done so.
19. I was reinstated to active status after being suspended or disbarred, what are my MCPE requirements?
The MCLE Board has interpreted RSCH22(i) to apply to resumption of active status from any other status, be it inactive, suspended or disbarred. Within 3 months of becoming reinstated to active status, you are required to complete and report to the HSBA that you have completed 3 hours of approved MCPE. Proof of compliance requires submitting the MCPE Certification Form available online and the Certificate(s) of Attendance/Completion showing 3 MCPE that was completed after reinstatement, to be received by the HSBA within 90 days of reinstatement. This 3 MCPE within 3 months rule is in addition to the required 3 credits by the end of the calendar year.
20. Is the HSBA doing anything to help members meet their MCPE requirement?
Yes. The HSBA is committed to ensuring that members will be able to fulfill their MCPE requirement for a reasonable cost. The HSBA provides the following MCPE approved courses:
a) A 4.5 credit Mandatory Professionalism course for new admittees offered twice a year.
b) At least once a year a 3 credit general ethics/professionalism course will be offered on Oahu, Kauai, Maui and Hawaii.
c) Various specialized ethics courses will be offered in various locations and made available later online.
21. Can I receive MCPE credit from attending courses offered by providers other than the HSBA?
Yes. You can receive MCPE or VCLE credit by completing a course or activity that has been approved for credit by the Hawaii CLE Board, or from courses offered by our approved Accredited Providers.