Note: SCR Chapter 31 was adopted November 21, 1975, eff. January 1, 1977; amended November 18, 1977; December 11, 1979; July 1, 1986; May 10, 1988; January 1, 1989; October 17, 1990; January 1, 1991; February 1, 1991; October 24, 1991; December 10, 1992; May 3, 1994; November 17, 1994; November 18, 1994; November 14, 2001; April 1, 2002; January 29, 2007; January 11, 2008; December 3, 2008; January 6, 2009; June 1, 2009; September 10, 2009.
31.01SCR 31.01 Definitions. In this chapter:
31.01(1)(1) "Board" means the board of bar examiners.
31.01(1m)(1m) "CLE" means continuing legal education.
31.01(2)(2) "Committee" means a panel comprising at least 3 members of the board.
31.01(4)(4) "Hour" means a period of approved continuing legal education consisting of not less than 50 minutes.
31.01(5)(5) "Inactive member" means an inactive member of the state bar under SCR 10.03 (3) and the bylaws of the state bar.
31.01(6)(6) "Lawyer" means an active member of the state bar under SCR 10.03 (3) and the bylaws of the state bar and includes an active member under suspension other than a person under a form of suspension that will terminate only on order of the court or a person suspended pursuant to SCR 31.10 (1).
31.01(6m)(6m) "Repeated on-demand program" means an on-line program delivered over the Internet, consisting of a program previously approved by the board.
31.01(7)(7) "Reporting period" means the two-year period ending December 31 during which a lawyer must satisfy the Wisconsin continuing legal education requirement of SCR 31.02. The reporting period for a lawyer is determined by the year of his or her admission to the practice of law in Wisconsin. The reporting period for a lawyer admitted in an even-numbered year shall end on December 31 of each even-numbered year; the reporting period for a lawyer admitted in an odd-numbered year shall end on December 31 of each odd-numbered year.
31.01(8)(8) "State bar" means the state bar of Wisconsin.
31.01(9)(9) "Electronic CLE reporting system" means a web-based system established by the board of bar examiners through which lawyers may electronically file an original or amended report of their CLE compliance.
31.01(10)(10) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with an electronically-filed CLE report that can be executed or adopted by the reporting lawyer with the intent to sign the document under oath or affirmation.
History: Sup. Ct. Order No. 94-15, 188 Wis. 2d xv (1994); Sup. Ct. Order No.
05-09
, 2007 WI 14, 293 Wis. 2d clxxxvii; Sup. Ct. Order No.
08-04
, 2008 WI 127, filed and eff. 12-3-08; Sup. Ct. Order No.
08-23
, 2009 WI 93, 317 Wis. 2d xiii.
31.02SCR 31.02 Attendance requirement.
31.02(1)(1) A lawyer shall attend a minimum of 30 hours of approved CLE during each reporting period.
31.02(2)(2) A lawyer shall attend a minimum of 3 of the 30 hours required under sub. (1) on the subject of legal ethics and professional responsibility in every reporting period.
History: Sup. Ct. Order No. 94-15, 188 Wis. 2d xv (1994); Sup. Ct. Order No.
08-04
, 2008 WI 127, filed and eff. 12-3-08.
31.03SCR 31.03 Reporting requirement.
31.03(1)(1) A lawyer shall file a written report under oath or affirmation on designated CLE Form 1 with the board on or before the February 1 following the last day of the reporting period. The written report shall establish compliance with the attendance requirement of SCR 31.02.
31.03(2)(2) A lawyer who has not satisfied SCR 31.02 and completed the reporting requirement under sub. (1) by the close of business on the February 1 following the last day of the reporting period shall be assessed a late fee of $100.
31.03(3)(3) Lawyers may satisfy the reporting requirements of sub. (1) through the electronic CLE reporting system. Reports filed electronically must include the reporting lawyer's electronic signature, by which the lawyer avers under oath or affirmation that the information contained in the report is true.
31.03(4)(4) Electronically-filed reports are deemed filed when they are submitted to the electronic CLE reporting system, except that a late-filed report is deemed filed upon receipt of payment of the late fee.
History: Sup. Ct. Order No. 94-08, 183 Wis. 2d xv (1994); Sup. Ct. Order No. 94-15, 188 Wis. 2d xv (1994)i; Sup. Ct. Order No.
08-04
, 2008 WI 127, filed and eff. 12-3-08; Sup. Ct. Order No.
08-23
, 2009 WI 93, 317 Wis. 2d xiii.
31.04SCR 31.04 Exemptions.
31.04(1)(1) A lawyer is exempt from the attendance and reporting requirements of this chapter in the year of his or her admission to the practice of law in Wisconsin.
31.04(2)(2) A lawyer who does not engage in the practice of law in Wisconsin at any time during the reporting period is exempt from the attendance requirement of SCR 31.02 but shall comply with the reporting requirement of SCR 31.03.
31.04(3)(3) A lawyer whose practice is principally in another jurisdiction that has mandatory CLE requirements and who is current in meeting those requirements is exempt from the attendance requirement of SCR 31.02, but shall comply with the reporting requirement of SCR 31.03.
History: Sup. Ct. Order No. 94-15, 188 Wis. 2d xv (1994); Sup. Ct. Order No.
07-08
, 2008 WI 1, 303 Wis. 2d xvi; Sup. Ct. Order No.
08-04
, 2008 WI 127, filed and eff. 12-3-08.
31.05SCR 31.05 Approved hours.
31.05(1)(1) Activities that are approved by the board either before or after the close of the reporting period may be used to satisfy the requirement of SCR 31.02. Lawyers claiming credit for activities that are not already approved must seek approval on a CLE Form 2 filed contemporaneously with their CLE Form 1.
31.05(2)(a)(a) Up to 15 hours of CLE reported on CLE Form 1 may be carried forward to the next reporting period if all of the following conditions are met:
31.05(2)(a)1.1. The hours that are to be carried forward reflect attendance during the reporting period covered by the CLE Form 1.
31.05(2)(a)2.2. These hours reflect attendance at courses that are approved by the board either before or after the close of the reporting period. Lawyers claiming credit for activities that are not already approved must seek approval on a CLE Form 2 filed contemporaneously with their CLE Form 1.
31.05(2)(c)(c) CLE programs approved by the board for legal ethics and professional responsibility may not be carried forward under this subsection for the purpose of fulfilling the legal ethics and professional responsibility requirement of SCR 31.02 (2) but may be carried forward under par. (a).
31.05(3)(3) Teaching an approved continuing legal or judicial education activity or teaching a course in a law school approved by the American bar association may be used to satisfy the requirement of SCR 31.02. The board shall award 2 hours for each hour of presentation of the approved continuing legal or judicial education activity and one hour for each hour of presentation for teaching a course in a law school.
31.05(4)(4) Participation in an educational activity approved by the judicial education committee may be used to satisfy the requirement of SCR 31.02.
31.05(5)(5) (a) A repeated on-demand program may be used to satisfy the requirement of SCR 31.02, if all of the following conditions are met:
31.05(5)(a)1.1. The repeated on-demand program is approved prior to being claimed for credit by a lawyer on CLE Form 1, and the lawyer must take the on-demand program no later than December 31 of the year after the year in which approval was given.
31.05(5)(a)2.2. Sponsors of the approved on-demand on-line program must maintain a roster verifying the attendance of all attorneys logged-in and paying for the program and provide the roster to the board if requested.
31.05(5)(b)(b) No more than 10.0 credits may be claimed for repeated on-demand programs during a lawyer's reporting period.
31.05(5)(c)(c) No legal ethics and professional responsibility credit is allowed for a repeated on-demand program.
31.05(5)(d)(d) Repeated on-demand programs may not be used for reinstatement, readmission, or reactivation.
31.05(6)(6) Each hour of service on the office of lawyer regulation district committee or as an office of lawyer regulation special investigator may be used to satisfy the requirements of SCR 31.02, to a maximum of 3.0 hours of legal ethics and professional responsibility credit per reporting period, provided that the office of lawyer regulation maintains a roster verifying service and provides the roster to the board if requested.
History: Sup. Ct. Order No. 94-08, 183 Wis. 2d xv (1994); Sup. Ct. Order No. 94-15, 188 Wis. 2d xv (1994); Sup. Ct. Order No.
05-09
, 2007 WI 14, 293 Wis. 2d clxxxvii; Sup. Ct. Order No.
08-04
, 2008 WI 127, filed and eff. 12-3-08.
31.06SCR 31.06 Attendance and reporting requirements for persons upon reactivation or reinstatement. The board shall determine the attendance and reporting requirements for a person who seeks to change from inactive to active membership in the state bar or for a person who seeks reinstatement following voluntary resignation from the state bar, license suspension that will terminate only on order of the court, or license revocation.
31.07SCR 31.07 Standards for approval of CLE activities.
31.07(1)(1) The board shall designate the number of hours applicable to the requirement of SCR 31.02 for each approved CLE activity.
31.07(2)(2) The following standards shall govern the approval of CLE activities by the board:
31.07(2)(a)(a) The primary objective of any CLE activity shall be to increase the attendee's professional competence as a lawyer.
31.07(2)(b)(b) The CLE activity shall deal primarily with matters related to the practice of law, professional responsibility or ethical obligations of lawyers.
31.07(2)(c)(c) Except for repeated on-demand programs, a mechanically or electronically recorded activity will be approved only if a qualified instructor is available to comment and answer questions.
31.07(2)(d)(d) CLE materials shall be prepared by and activities conducted by an individual or group qualified by practical or academic experience.
31.07(2)(e)(e) CLE activities shall be accompanied by thorough, well-organized and readable written materials which are available to attendees at the time of presentation unless otherwise permitted by the board.
31.07(2)(f)(f) The board may grant approval of an activity to an individual lawyer, although the activity itself does not satisfy SCR 31.07 (2) (a) and (b), where the lawyer demonstrates to the satisfaction of the board the manner in which the activity increases his or her competence as a lawyer.
31.07(3)(3) The board may approve published legal writings for use toward the CLE requirement under rules it may adopt.
31.07(4)(4) An activity sponsored by a private law firm, corporate law department or federal, state or local government agency offered for lawyers connected with it may be approved if it meets the requirements set forth in sub. (2).
31.07(5)(5) The board shall not approve any CLE for legal ethics and professional responsibility credit unless that education has a minimum component of at least one continuous hour devoted to legal ethics and professional responsibility.
History: Sup. Ct. Order No. 94-15, 188 Wis. 2d xv (1994); Sup. Ct. Order No.
08-04
, 2008 WI 127, filed and eff. 12-3-08.
31.08SCR 31.08 Procedure for approval of CLE activities.
31.08(1)(1) Any person desiring approval of a CLE activity shall submit all information required by the board.
31.08(2)(2) Following the presentation of an approved CLE activity, each sponsor shall promptly transmit to the board a list of all lawyers in attendance.
