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PA Bulletin, Doc. No. 22-226

THE COURTS

Title 204—JUDICIAL SYSTEM GENERAL PROVISIONS

PART V. PROFESSIONAL ETHICS AND CONDUCT

[204 PA. CODE CH. 82]

Order Amending Rules 106 and 108 of the Pennsylvania Rules for Continuing Legal Education and Approving Amendments to Regulations §§ 1, 5 and 13 of the Continuing Legal Education Board Regulations; No. 905 Supreme Court Rules Docket

[52 Pa.B. 964]
[Saturday, February 12, 2022]

Order

Per Curiam

And Now, this 31st day of January, 2022, pursuant to Article V, Section 10 of the Constitution of Pennsylvania, It Is Ordered that:

 A. Rules 106 and 108 of the Pennsylvania Rules for Continuing Legal Education are amended in the attached form;

 B. Revisions to Regulations §§ 1, 5 and 13 of the Pennsylvania Continuing Legal Education Board Regulations are approved in the attached form.

 This Order shall be processed in accordance with Pa.R.J.A. 103(b) and shall be effective immediately.

 Additions are shown in bold and are underlined.

 Deletions are shown in bold and in brackets.

Annex A

TITLE 204. JUDICIAL SYSTEM GENERAL PROVISIONS

PART V. PROFESSIONAL ETHICS AND CONDUCT

Subpart A. PROFESSIONAL RESPONSIBILITY

CHAPTER 82. CONTINUING LEGAL EDUCATION

Subchapter A. PROFESSIONAL RESPONSIBILITY

Rule 106. Providers.

*  *  *  *  *

 (c) Minimum Standards for Providers.

 1. A provider shall be an organization engaged in CLE which, during the two (2) years immediately preceding its application has sponsored at least five (5) separate courses which would comply with the requirements for course approval under these rules. A provider may be an ABA accredited law school or a bar association or Board approved legal service organization within the Commonwealth of Pennsylvania.

*  *  *  *  *

Rule 108. Credit for Continuing Legal Education Courses and Activity.

*  *  *  *  *

(f) Pro Bono CLE.

The number of credits earned by providing approved pro bono service that may be applied to the annual compliance requirement shall not exceed three (3).

Subchapter B. CONTINUING LEGAL EDUCATION BOARD REGULATIONS

Section 1. Definitions.

*  *  *  *  *

''Accredited Pro Bono CLE Provider''. A legal service provider accredited by the Board in accordance with the rules and regulations.

*  *  *  *  *

Section 5. Credit for CLE Activities.

*  *  *  *  *

 (c) Carry Forward Credits. A lawyer may carry forward a balance of credit hours in excess of the current annual CLE requirement for the next two (2) succeeding years. No more than two (2) times the current annual CLE requirement may be carried forward into the two (2) succeeding years. CLE credits for ethics, professionalism or substance abuse may be applied as provided in Section 3(d). Distance Learning credits may be applied as provided in Section 13(n). Pro bono credits may be applied as provided in Section 13(o).

*  *  *  *  *

(i) CLE for Pro Bono.

1. The CLE Board may allow one (1) CLE credit hour for every (5) hours of pro bono legal service performed, up to a maximum of three (3) credit hours per compliance period.

2. Organizations eligible for accreditation as a Pro Bono CLE Provider:

a. An organization that receives funding from the Pennsylvania Legal Aid Network (PLAN) or the Pennsylvania Interest on Lawyers Trust Accounts Board (IOLTA).

b. A non-profit organization with a partnership or referral relationship with PLAN or IOLTA or project that receives funding.

Section 13. Standards for Approved CLE Activities.

 All CLE activities approved for credit shall meet the following standards:

*  *  *  *  *

(o) Credit for Pro Bono Legal Service may be approved for credit in accordance with standards determined by the Board:

a. Credit may only be earned for pro bono service that is assigned, verified and reported by an Accredited Pro Bono CLE Provider.

b. CLE credit may be received when services are performed for a person of limited means or charitable organization.

c. Credits earned through pro bono service in excess of the annual credit limit will not carry forward into subsequent compliance periods.

[Pa.B. Doc. No. 22-226. Filed for public inspection February 11, 2022, 9:00 a.m.]



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