The Idaho Mandatory Continuing Legal Education (MCLE) Rules are Section IV, Rules 400-408 of the Idaho State Bar Commission Rules (ICBR). The rules were rescinded and replaced effective May 2, 2014.
Rule 402 states:
Active and House Counsel Members shall complete a minimum of thirty (30) credit hours of Accredited Activity in every three (3) year reporting period.
Beginning with reporting periods ending on December 31, 2017 and thereafter, attorneys must complete least three (3) MCLE credits on legal ethics or professional responsibility, as approved by the Board or its designee. Such courses may include discussion of the Idaho Rules of Professional Conduct, professionalism and civility, client trust account administration and legal malpractice prevention. [Attorneys whose current reporting period ends prior to December 31, 2017 must complete two (2) MCLE ethics credits during their reporting period.]
No more than fifteen (15) of the required thirty (30) credits may be self-study credits.
No more than six (6) of the required thirty (30) credits may be published legal writing credits.
Attorneys holding themselves out as specialists or certified specialists, as provided in Section X of the I.B.C.R., shall comply with the requirements of the applicable certifying organization for completion of CLE credits in the specialty area.
An organization or attorney may apply for accreditation of a CLE activity. To apply for credit, submit the appropriate application with the application fee if required. The application fee is $40. Non-profit course providers who apply for accreditation of live CLE activities that are two (2) hours or less in length and held in Idaho shall pay a reduced application fee of $20. No application fee is required for applications submitted by the Idaho Supreme Court, the Bar and its sections or district bar associations, the Idaho Law Foundation, Inc., or individual members of the Idaho State Bar. Application fees cannot be paid for by credit card. Processing time depends on number of applications received. If you need to check the status of a pending application, please use our Search Pending Applications page.
For more information, visit our MCLE Accreditation page.
All active members (with some limited exceptions) must report their MCLE credits every three years. For most attorneys, their first reporting period began on the date of admission to the Bar and ended on December 31 of the third full year following admission. After the initial reporting period, the reporting periods continue in three (3) year cycles. If an attorney transfers from active status to inactive status and then returns to active status, his or her reporting period may change. You can check your reporting period by checking your MCLE attendance records. Your reporting period will be listed along with your attendance records. Questions about reporting periods should be directed to the MCLE Department at (208) 334-4500 or email Annette Strauser.
A written report of attendance at accredited MCLE courses must be provided to the Idaho State Bar at the end of each 3 year reporting period. The reporting form is the MCLE Certificate of Compliance. Certificate of Compliance will be provided to each reporting attorney at the end of their reporting period. All courses in the attorney’s current MCLE reporting period will be pre-printed on the certificate. Any additional courses added to the MCLE Certificate of Compliance must have prior accreditation by the Idaho State Bar. No credit shall be applicable to any reporting period other than that during which the credit was actually earned.
Only time spent in actual educational activities may be counted in the hours of credit received for participating in a program. One (1) credit hour is given for each hour actually spent in attendance at an accredited course. No credit shall be given for time spent on introductory remarks, coffee and food breaks, business meetings, or other activities that do not involve educational aspects of the CLE activity.
An attorney who teaches an accredited course shall receive three (3) credit hours for each hour of teaching. No credit will be given for preparation time; time spent in introductory remarks, coffee and food breaks, business meetings, or other activities that do not involve educational aspects of the CLE activity; presentations by attorneys that include the promotion of goods or services; or CLE activities for which the attorney is directly compensated other than as an honorarium or for expenses. An attorney who teaches an activity that meets the accreditation standards under Rule 403(a) that is directed primarily to non-lawyers shall receive only one (1) credit hour for each hour of teaching.
Attorneys can claim only fifteen (15) credits of self-study during each reporting period. A course will be deemed a self-study program unless (1) three or more participants attend the CLE activity; and (2) the participants have access to the presenter during the CLE activity or, in the case of a video, audio or other recording, a moderator who is qualified to answer attendees’ questions about the CLE topic is present during the CLE activity. All self-study credits must be applied for and approved before the credits can be counted toward meeting the MCLE requirement. An application must be submitted for all recorded courses – even if the original live presentation is accredited.
Published legal writing authored by attorneys may qualify for CLE credit if the writing contributes to the attorney’s legal education; is intended for an attorney audience; and is an original writing that is published, in print or electronically, in a professional legal journal or publication. The published writing must be at least 1,000 words and one credit may be granted per 1,000 words. A maximum of 6 (six) writing credits can be used per reporting period.