1 | 1 | | |
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2 | 2 | | EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted |
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3 | 3 | | and is intended to be omitted in the law. |
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4 | 4 | | FIRST REGULAR SESSION |
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5 | 5 | | SENATE BILL NO. 506 |
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6 | 6 | | 103RD GENERAL ASSEMBLY |
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7 | 7 | | INTRODUCED BY SENATOR SCHROER. |
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8 | 8 | | 1626S.01I KRISTINA MARTIN, Secretary |
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9 | 9 | | AN ACT |
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10 | 10 | | To amend supreme court rule 15.05, relating to continuing legal education requirements for |
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11 | 11 | | lawyers. |
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12 | 12 | | |
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13 | 13 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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14 | 14 | | Section A. Supreme court rule 15.05 is amended, to read 1 |
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15 | 15 | | as follows:2 |
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16 | 16 | | 15.05. Continuing Legal Education Requirements 1 |
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17 | 17 | | (a) After July 1, 1988, except as provided in Rule 2 |
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18 | 18 | | 15.05(c), each lawyer shall complete and report, during each 3 |
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19 | 19 | | reporting year, a total of at least 15 credit hours of 4 |
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20 | 20 | | accredited programs, seminars, and activities. For each 5 |
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21 | 21 | | reporting year: 6 |
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22 | 22 | | (1) at least [three] two of the total 15 credit hours 7 |
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23 | 23 | | must be devoted exclusively to accredited ethics programs, 8 |
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24 | 24 | | seminars, and activities, including professionalism, 9 |
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25 | 25 | | substance abuse, mental health, legal or judicial ethics, 10 |
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26 | 26 | | malpractice prevention, explicit or implicit bias, 11 |
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27 | 27 | | diversity, inclusion, or cultural competency programs, 12 |
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28 | 28 | | seminars, and activities [; and 13 |
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29 | 29 | | (2) at least one of the three ethics credit hours 14 |
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30 | 30 | | required under Rule 15.05(a)(1) must be devoted exclusively 15 |
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31 | 31 | | to explicit or implicit bias, diversity, inclusion, or 16 |
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32 | 32 | | cultural competency]. 17 |
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33 | 33 | | (b) Completion of the requirements of Rule 15.05(a) 18 |
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34 | 34 | | shall be reported to The Missouri Bar as specified by The 19 SB 506 2 |
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35 | 35 | | Missouri Bar. A lawyer reporting completion of more than a 20 |
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36 | 36 | | total of 15 credit hours of accredited programs, seminars, 21 |
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37 | 37 | | and activities during one reporting ye ar may receive credit 22 |
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38 | 38 | | in the next succeeding reporting year for the excess credit 23 |
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39 | 39 | | hours. 24 |
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40 | 40 | | (c) A lawyer is not required to complete or report any 25 |
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41 | 41 | | credit hours in the reporting year in which the lawyer is 26 |
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42 | 42 | | initially licensed to practice law in this st ate except as 27 |
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43 | 43 | | provided in Rule 15.05(d). Any lawyer not an active judge 28 |
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44 | 44 | | who has not actively practiced law in Missouri during a 29 |
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45 | 45 | | reporting year or has given notice of inactive status 30 |
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46 | 46 | | pursuant to Rule 6.03 shall not be required to complete or 31 |
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47 | 47 | | report any credit hours during that reporting year. Upon 32 |
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48 | 48 | | written application and for good cause shown, waivers or 33 |
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49 | 49 | | extensions of time of the credit hour or reporting 34 |
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50 | 50 | | requirements of this Rule 15 may be granted in individual 35 |
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51 | 51 | | cases or classes of cases involving har dship or extenuating 36 |
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52 | 52 | | circumstances. 37 |
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53 | 53 | | (d) A person seeking admission under Rule 8.10 shall, 38 |
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54 | 54 | | prior to being issued a license, attend The Missouri Bar 39 |
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55 | 55 | | Annual Law Update Program or a continuing legal education 40 |
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56 | 56 | | program accredited as provided in this Rul e 15 that has 41 |
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57 | 57 | | intellectual and practical content substantially equivalent 42 |
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58 | 58 | | to The Missouri Bar Annual Law Update Program. Attendance 43 |
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59 | 59 | | shall be no earlier than 12 months prior to the date the 44 |
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60 | 60 | | application for admission under Rule 8.10 is filed. The 45 |
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61 | 61 | | person shall report the completion of this requirement to 46 |
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62 | 62 | | the board of law examiners as the board shall specify. 47 |
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63 | 63 | | (e) For each reporting year, not more than six credit 48 |
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64 | 64 | | hours may consist of self -study, videotape, audiotape, or 49 |
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65 | 65 | | other similar accredited prog rams, seminars, or activities. 50 |
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66 | 66 | | A speaker at an accredited program, seminar, or activity may 51 SB 506 3 |
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67 | 67 | | receive credit for preparation and presentation time. An 52 |
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68 | 68 | | author may receive credit for research and composition time 53 |
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69 | 69 | | for written materials that have been or wil l be published by 54 |
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70 | 70 | | an accredited sponsor, in a professional journal, or as a 55 |
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71 | 71 | | monograph. 56 |
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72 | 72 | | (f) Each judge of the family court division and each 57 |
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73 | 73 | | commissioner of the family court division shall complete at 58 |
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74 | 74 | | least six hours of continuing legal education c ourses 59 |
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75 | 75 | | relating to family court issues and law not later than six 60 |
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76 | 76 | | months after designation or appointment. The hours completed 61 |
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77 | 77 | | to fulfill this requirement may be used to fulfill the 62 |
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78 | 78 | | requirements of Rule 15.05(a). 63 |
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79 | 79 | | Each year thereafter, such judges and commissioners 64 |
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80 | 80 | | shall complete at least six hours of continuing legal 65 |
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81 | 81 | | education courses relating to family court issues and law. 66 |
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82 | 82 | | The hours completed on an annual basis may be used to 67 |
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83 | 83 | | fulfill the requirements of Rule 15.05(a). 68 |
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84 | 84 | | Completion of the requirements of this Rule 15.05(f) 69 |
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85 | 85 | | shall be reported to The Missouri Bar as specified by The 70 |
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86 | 86 | | Missouri Bar. 71 |
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87 | 87 | | This Rule 15.05(f) shall apply to all reporting years 72 |
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88 | 88 | | beginning on or after September 1, 2020. This Rule 15.05(f) 73 |
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89 | 89 | | shall not apply to judges w ho are temporarily transferred or 74 |
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90 | 90 | | assigned to family court divisions; however, judges who have 75 |
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91 | 91 | | met the requirements of this Rule 15.05(f) shall be 76 |
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92 | 92 | | preferred for such transfers and assignments. 77 |
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93 | 93 | | (g) Each lawyer who is a member or employee of the 78 |
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94 | 94 | | general assembly may report in each reporting year credit 79 |
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95 | 95 | | for 15 hours of continuing legal education for service 80 |
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96 | 96 | | during that reporting year's regular legislative session. 81 |
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97 | 97 | | Such credits shall not satisfy the Rule 15.05(a)(1) 82 SB 506 4 |
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98 | 98 | | requirement for [three] two credit hours devoted exclusively 83 |
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99 | 99 | | to ethics programs, seminars, or activities. 84 |
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100 | 100 | | |
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