(A) Scholarly Writing: The Commission may approve credit for scholarly writing and publication. Applications shall be submitted through the Delaware Supreme Court Lawyer Management System or as otherwise directed by the Commission. The Commission may request additional information from any applicant. (1) Only uncompensated scholarly writing qualifies for credit. Payment to the author’s firm or organization constitutes payment to the author. Reimbursement of out-of-pocket expenses is not considered compensation. An author who donates all compensation for a scholarly writing to the Delaware Bar Foundation may receive credit. (2) Credit hours may be allocated to writing and publication in the year in which the work is accepted for publication or the year in which publication actually occurs, at the election of the author. (3) If the work is not published, the author may, in the Commission’s discretion, receive credit for the preparation of the unpublished material. (4) The Commission will determine the number of credit hours to be allocated to the writing and publication of the work and will notify the applicant promptly on making its determination. As a general guideline: articles in general circulation newspapers and periodicals will not receive credit; a brief published piece worthy of credit in the Commission’s judgment receives 2.5 credit hours; substantive articles appearing in professional newspapers and periodicals such as the Delaware Lawyer that evidence research and analysis receive five credit hours; and law review articles, books, or chapters of published works are eligible for more credit, in the Commission’s discretion. (B) Instruction in or Participation in the Presentation of Accredited Courses: The Commission may approve credit for teaching in an approved CLE program, law school, college, or university. Applications shall be submitted through the Delaware Supreme Court Lawyer Management System or as otherwise directed by the Commission. The Commission may request additional information from any applicant. (1) If a number of applicants seek credit for the same course, one application may be submitted on behalf of all. In the absence of an agreement between co-presenters, available credit shall be divided equally among them. Course moderators who participate in the program but do not otherwise teach in the program shall receive credit for 1.5x the time of attendance of the portion of the program moderated. (2) Only uncompensated teaching qualifies for credit. Compensation to the presenter’s firm or organization constitutes compensation to the presenter. Reimbursement of out-of-pocket expenses is not considered payment for teaching. A presenter who donates compensation for teaching to the Delaware Bar Foundation may receive teaching credit. (3) Presentations accompanied by thorough, high quality, readable, and carefully prepared written materials approved by the Commission will be awarded CLE credit, provided the applicant certifies that the applicant did the research and prepared the written materials for the presentation. For repeat presentations, applicants will be awarded one-half of the credit hours received for the initial presentation. (C) Supreme Court Appointments: (1) An Attorney or Judicial Officer appointed by the Court to a board, commission, committee, task force, or other qualifying entity may earn up to 12 CLE credit hours per two-year compliance period. Such credits shall not carry forward to another two-year compliance period. Such Attorney or Judicial Officer may earn one CLE credit hour for attending a meeting of the qualifying entity, including a meeting of any subcommittee, working group, or other subgroup that the qualifying entity formed to advance its work. In addition, such Attorney or Judicial Officer may earn credit for time spent performing substantive work on behalf of the qualifying entity outside of meetings, provided that in no event shall the total credits awarded for Court-appointed service exceed 12 CLE credit hours per two-year compliance period. A person seeking credit under this rule must report the qualifying activities to the Commission using the Commission’s online submission process no later than December 31st of the Attorney’s Compliance Year. (2) An Attorney who serves as a Member or Associate Member of the Board of Bar Examiners will receive 12 CLE credit hours (including 2 Ethics credits) for each year of service. (3) The Commission may approve credit for other Court appointments, including but not limited to service as presenting counsel in any proceeding before the Court on the Judiciary, as Special Disciplinary Counsel, or as a receiver for a law practice. (D) Pro Bono Legal Services: (1) The Commission may approve credit for entirely uncompensated pro bono legal services, provided that the services are performed (i) pursuant to appointment of the Attorney by a Delaware court, including the United States District Court for the District of Delaware; (ii) pursuant to an assignment of a matter to the Attorney by Delaware Volunteer Legal Services, Inc., Community Legal Aid Society of Delaware, Inc., the Office of the Child Advocate, or Legal Services Corporation of Delaware, Inc.; or (iii) at outreach events such as a law school’s “Wills for Heroes” days. (2) Credit may be earned at a rate of one CLE credit hour for every two hours of legal services performed. Credit is limited to 20 credit hours per two-year compliance period and shall not satisfy the Ethics requirement.
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