Educational Requirements

(A) Attorneys Generally: Each Attorney shall complete a minimum of 24 approved CLE credit hours during each two-year period. At least 12 of those credits must be earned by attending, in person, live CLE- approved courses at which lawyers from other organizations are also in attendance or by engaging in other in-person activities that warrant such credit in the Commission’s discretion. In addition, during the two- year period, at least 4 of the 24 approved CLE credit hours shall consist of approved Ethics credits. If an Attorney has earned excess CLE credit hours, up to 20 such hours may be carried forward and applied to the requirement for the next two-year period. Ethics credits may not be carried forward as Ethics credits, but may be carried forward as general CLE credits. (B) Judicial Officers: Judicial Officers shall comply with the educational requirements of Rule 4(A) or 4(C), as applicable based on years admitted to the Bar. (1) Compliance with these requirements shall be considered as the maintenance of professional competence in accordance with Rule 2.2 of the Delaware Judges’ Code of Judicial Conduct. (2) If, in the sole judgment of the Judicial Commissioner, any Judicial Officer fails satisfactorily to comply with these Rules in any respect, the Judicial Commissioner shall take such action as the Judicial Commissioner deems appropriate to induce compliance. If compliance satisfactory to the Judicial Commissioner is not obtained, the Judicial Commissioner shall refer the matter to the Chief Justice for appropriate action to induce compliance. (C) Senior Attorneys: Senior Attorneys shall complete a minimum of 12 approved CLE credit hours during each two-year period. At least 6 of those credits must be earned by attending, in person, live CLE- approved courses at which lawyers from other organizations are also in attendance or by engaging in other in-person activities that warrant such credit in the Commission’s discretion. In addition, during the two- year period, at least 2 of the 12 approved CLE credit hours shall consist of approved Ethics credits. If a Senior Attorney has earned excess CLE credit hours, up to 10 such hours may be carried forward and applied to the requirement for the next two-year period. Ethics credits may not be carried forward as Ethics credits, but may be carried forward as general CLE credits. (D) Newly Admitted Attorneys: The CLE requirement for a newly admitted Attorney shall begin on January 1st of the year after the Attorney’s admission to the Delaware Bar. By the end of the newly admitted Attorney’s second Compliance Year, the newly admitted Attorney must attend all of the following Fundamentals courses: (1) Fundamentals of Lawyer-Client Relations; (2) Fundamentals of Family Law; (3) Fundamentals of Real Estate; (4) Fundamentals of Civil Litigation; (5) Fundamentals of Will Drafting and Estate Administration; (6) Fundamentals of Law Practice Management and Technology; and (7) Fundamentals of Criminal Law and Procedure. Only Fundamentals courses offered by the Delaware State Bar Association shall be eligible for approval for this requirement. Attendance at these courses shall be credited toward the Attorney’s minimum continuing legal education obligation and is governed by the requirements outlined in Rule 4(A). (E) Resuming Active Practice: The CLE requirement for an Attorney resuming active practice, whether from retirement or disciplinary sanction or otherwise, shall be prorated based on the date of the Attorney’s reinstatement. Regardless of the year in which an Attorney is reinstated to active status, the Attorney’s Compliance Year shall be determined in accordance with Rule 5(A). An Attorney who is reinstated to active status and who has not completed the Fundamentals requirements for newly admitted Attorneys must do so by the end of the first Compliance Year following the Attorney’s reinstatement to active status. Any Attorney who is reinstated to active status after being inactive for more than 10 years shall complete the Fundamentals of Lawyer-Client Relations course by the end of the first Compliance Year following the reinstatement, regardless of whether the Attorney previously completed the Fundamentals of Lawyer- Client Relations course. (F) Exemptions: The following Attorneys and Judicial Officers shall be exempt from these Rules: (1) Any Attorney or Judicial Officer who has been granted a certificate of retirement under Supreme Court Rule 69(f); (2) Any Attorney holding an elected public office of this State or the United States and who certifies to the Commission by affidavit that the Attorney is not engaged in the practice of law, and whose application for exemption has been approved by the Commission; (3) Any Attorney or Judicial Officer who becomes an inactive member of the Bar under Supreme Court Rule 69(d)(i); and (4) Members of the federal judiciary. (G) Comity: An Attorney whose principal place of practice is located in another jurisdiction, who is licensed to practice law in another state or the District of Columbia with mandatory CLE requirements, and who is in compliance with the CLE requirements of that jurisdiction shall be deemed in compliance with these Rules. Such Attorney shall certify compliance with this Rule on the Attorney’s annual registration statement filed under Supreme Court Rule 69(b)(i).Rule 5. Compliance. (A) When Credits Shall Be Completed: Attorneys admitted to the Delaware Bar in even-numbered years shall complete the required CLE credits by December 31 of even-numbered years; Attorneys admitted to the Delaware Bar in odd-numbered years shall complete the required CLE credits by December 31 of odd- numbered years. Each Attorney shall certify compliance with these Rules on the Attorney’s annual registration statement filed under Supreme Court Rule 69(b)(i). The Commission may, in its discretion, extend the deadline for an Attorney to complete the required credits or to certify compliance if the Attorney demonstrates that exceptional circumstances prevented the Attorney from completing the required credits or certifying compliance by the applicable deadline. (B) Notice of Noncompliance and Delinquency Fee: On or about January 15th, the Commission shall send a Notice of Noncompliance to each Attorney who did not complete the required CLE credits by the end of the preceding Compliance Year. Each such Attorney shall be assessed a $150 delinquency fee. (C) Curing Noncompliance. An Attorney who did not complete the required CLE credits by the end of the Attorney’s Compliance Year may cure such noncompliance by completing the missing credits, submitting proof of completion to the Commission, and paying the $150 delinquency fee on or before the March 1st following the end of the Attorney’s Compliance Year. (D) Delinquency Fees; Administrative Suspension: Failure to cure the noncompliance by March 1 as provided in Rule 5(C) will result in an additional $150 delinquency fee. Failure to cure the noncompliance and pay all delinquency fees by April 1 will result in an additional $200 delinquency fee. If by April 15 the noncompliance has not been cured, the Attorney is deemed administratively suspended from the practice of law, and the Clerk of the Court shall issue a notice of administrative suspension by certified mail to the Attorney’s last known address of record and distribute such notice to the courts in accordance with the Court’s procedures relating to administrative suspensions. An Attorney who has been administratively suspended under this Rule may seek retroactive reinstatement as a member of the Bar by completing the missing credits, submitting proof of completion to the Commission, and paying all delinquency fees by the July 1st following the end of the Attorney’s Compliance Year. An Attorney who fails to seek reinstatement by that deadline shall be required to petition for reinstatement under Rule 22.1 of the Delaware Lawyers’ Rules of Disciplinary Procedure. (E) Audits of Transcripts and Disciplinary Investigation for False Submissions: If the Executive Director has reason to believe that an Attorney has submitted false information to the Commission, the Executive Director shall bring such information promptly to the attention of the Commission, which may result in a CLE audit. If, following a CLE audit, the Commission has reason to believe that an Attorney has submitted false information to the Commission, it shall forward the Attorney’s name to Disciplinary Counsel for investigation and shall notify the Attorney that it has done so.