December 4, 2008

 

The Supreme Court has published proposed rules HRSC 1.15 and 1.16 requesting comment by Tuesday, February 17, 2009. If adopted, these proposed rules would become effective July 1, 2009 or later. 

In general, the proposed rules mandate that active Hawaii attorneys take 3 credits of Mandatory Continuing Professional Education (MCPE) each year and recommend that active Hawaii attorneys take 9 credits of Voluntary Continuing Legal Education (VCLE) each year.   There is a one-year carryover period and an annual reporting requirement for both MCPE and VCLE, as well as a period to remedy noncompliance. Noncompliance with the MCPE or reporting requirements is subject to administrative suspension.   

The purpose of the proposed rules is to enhance lawyer competence and benefit the public and the legal profession. The issue of MCLE was raised by HSBA President Jeffrey Sia in his Perspectives column in the February 2008 Hawaii Bar Journal.  The August 2008 Hawaii Bar Journal contains a lead article opposed to the implementation of an MCLE requirement. The development of the proposed rules, prepared over several months of study by the Supreme Court Commission on Professionalism, is discussed in the Perspectives article in the September 2008 Hawaii Bar Journal.