Ind. Admission & Discipline Rule 29

Effective July 1, 2023

Section 1. Purpose.

The purpose of this Rule is to establish minimum continuing legal education requirements for

each Attorney admitted to the Bar of the State of Indiana. The minimum continuing education requirements for an Attorney who serves as a Judge in the State of Indiana shall be

governed by the provisions of Admission and Discipline Rule 28.

Section 2. Definitions.

As used in this Rule:

(a) Approved Courses shall mean those Substantive Legal Courses and those Non Legal

Subject Matter Courses (as defined below) which are approved under the Commission's

Accreditation Policies in the Guidelines to this Rule.

(b) Attorney shall mean a person who has been admitted to practice law in the State of

Indiana and whose name appears in the files of the Board of Law Examiners as provided

under Admission and Discipline Rule 4. The term Attorney includes a state or federal

administrative law judge.

(c) Bar shall mean the Indiana Bar and includes those persons who are Attorneys under

subsection (b) above.

(d) Business Day shall mean Monday, Tuesday, Wednesday, Thursday, and Friday of each

week but shall not include Federal or Indiana state holidays.

(e) Clerk shall mean Clerk of the Indiana Supreme Court, Court of Appeals and Tax Court.

(f) Commission shall mean the Indiana Commission For Continuing Legal Education created by Section 4 of this Rule.

(g) Commissioner shall mean a person who is a member of the Commission.

(h) Educational Period shall mean a three-year period during which an Attorney must complete thirty-six (36) hours of Approved Courses. Educational Periods shall be sequential, in

that once an Attorney's particular three-year period terminates, a new three-year period

and thirty-six hour minimum shall commence.

(i) [Deleted, eff. January 1, 2011]

(j) Non Legal Subject Matter (NLS) Courses shall mean courses that the Commission

approves for Non Legal Subject Matter credit pursuant to Section 3(a) of this Rule because,

even though they lack substantive legal content, they nonetheless enhance an attendee's

proficiency in the attorney's practice of law.

(k) Supreme Court shall mean the Supreme Court of the State of Indiana.

(l) Year shall mean calendar year unless otherwise specified in this Rule.

(m) Professional Responsibility Credits shall mean credits for topics that specifically

address legal ethics or professional responsibility.

(n) Distance Education shall mean instructional delivery that does not constrain the stu-

dent to be physically present in the same location as the instructor and does not require

an attendant at the learning site to monitor attendance.

Section 3. Education Requirements.

(a) Every Attorney, except as provided below, shall complete no less than six (6) hours of

Approved Courses each year and shall complete no less than thirty-six (36) hours of

Approved Courses each Educational Period. At least three (3) hours of Approved Courses in

professional responsibility shall be included within the hours of continuing legal education

required during each three year Educational Period. Such hours may be integrated as part of

a substantive program or as a free standing program. No more than twelve (12) hours of the

Educational Period requirement shall be filled by Non Legal Subject Matter Courses. No more

than three (3) hours of the Educational Period requirement shall be filled through in-house

education programs in accordance with the Guidelines. All credits for a single educational

activity will be applied in one (1) calendar year.

(b) Attorneys admitted to the Indiana Bar before December 31, 1998, on the basis of successfully passing the Indiana Bar examination, shall have a grace period of three (3) years

commencing on January 1 of the year of admission and then shall commence meeting the

minimum yearly and Educational Period requirements thereafter. Attorneys admitted after

December 31, 1998, shall commence meeting the yearly and Educational Period requirements starting on January 1 after the year of their admission by completing programs designated by the Commission as appropriate for new lawyers.

For Attorneys admitted after December 31, 1998, at least six (6) of the thirty-six (36) Educational Period requirements shall be satisfied by attending an Applied Professionalism Program for Newly Admitted Attorneys which has been accredited by the Commission.

(c) Attorneys admitted on foreign license or Attorneys who terminate their inactive status

shall have no grace period. Their first three-year Educational Period shall commence on January 1 of the year of admission or termination of inactive status.

(d) In recognition of the nature of the work, commitment of time, and the benefit of Attorney

participation in the Indiana General Assembly, during an Attorney's Educational Period, for

each calendar year in which the Attorney serves as a member of the Indiana General

Assembly for more than six (6) months, the Attorney's minimum number of continuing legal

education hours for that Educational Period shall be reduced by nine (9) hours.

(e) Elected members of the executive branch of the United States Government and members

of the United States Senate and the United States House of Representatives are exempt from

this Rule while serving in such capacity.

Section 4. Commission for Continuing Legal Education.

(a) Creation of the Commission. A commission to be known as the Indiana Commission For

Continuing Legal Education is hereby created and shall have the powers and duties here-

inafter set forth. The Commission shall consist of eleven (11) Commissioners.

(b) Appointment of Commissioners and Executive Director. All Commissioners and the Executive Director shall be appointed by the Supreme Court.

(c) Diversity of Commissioners. It is generally desirable that the Commissioners be selected

from various geographic areas and types of practice in order to reflect the diversity of the Bar

and consideration should be given to the appointment of one (1) non-lawyer public member.

The three (3) geographic divisions used for selecting Judges for the Indiana Court of Appeals

in the First, Second and Third Districts may be used as a model for achieving geographic

diversity.

(d) Terms of Commissioners. Commissioners serve a five-year term that begins on July 1 of

the year of appointment. Any Commissioner who has served for all or part of two consecutive

terms may not be reappointed to the Commission for at least three consecutive years.

Section 5. Organization of the Commission.

(a) Election of Officers. At the first meeting of the Commission after each December 1, the

Commissioners shall elect from the membership of the Commission a Chair who shall

preside at all meetings, a Vice Chair who shall preside in the absence of the Chair, and a Sec-

retary who shall be responsible for keeping the minutes of the meetings of the Commission.

(b) Meetings. The Commission shall meet at least twice each year at times and places designated by the Chair. The Chair, the Executive Committee or any six (6) Commissioners may

call special meetings of the Commission.

(c) Notices. The Executive Director of the Indiana Office of Admissions and Continuing Education shall send notice of each meeting of the Commission, stating the purposes of the meeting, to all Commissioners at least five (5) business days before the meeting. Commissioners

may waive notice of a meeting by attending the meeting or by delivering a written waiver to

the Executive Director of the Indiana Office of Admissions and Continuing Education either

before or after the meeting.

(d) Quorum. Six (6) Commissioners shall constitute a quorum for the transaction of business.

The Commission shall act by a majority of the Commissioners constituting the quorum. Commissioners may participate in meetings of the Commission and committees thereof by telephone or other similar device.

(e) Vacancies. Any vacancy on the Commission shall be filled as soon as practical and the new

Commissioner so appointed shall serve out the unexpired term of the Commissioner being

replaced.

(f) Executive Committee. The officers of the Commission described in subsection (a) of this

Section shall comprise the Executive Committee which shall have the power to conduct all

necessary business of the Commission that may arise between meetings of the full Commission. Three (3) officers of the Commission shall constitute a quorum of the Executive Committee, and the Executive Committee shall act by a vote of a majority of the officers

constituting the quorum. All action taken by the Executive Committee shall be reported to the

full Commission at its next meeting.

(g) Other Committees. The Commission may appoint such other committees having such

powers and duties as the Commission may determine from time to time.

Section 6. Powers and Duties of the Commission and Executive

Director.

(a) In addition to the powers and duties set forth in this Rule or Rule 28, the Commission shall

have the power and duty to:

(1) Approve all or portions of individual educational activities which satisfy the legal education requirements of this Rule.

(2) Approve Sponsors who meet the Requirements of Section 4 of the Commission's

Guidelines and whose educational activities satisfy the legal education requirements of

this Rule. The Judicial Conference and all seminars conducted by the Indiana Office of Judicial Administration (IOJA) shall be approved for credit.

(3) Determine the number of credit hours allowed for each educational activity.

(4) Establish an office to provide administrative and financial record-keeping support of

the Commission and to employ such persons, sponsors, or providers as the Commission

may in its discretion determine to be necessary to assist in administering matters solely of

a ministerial nature under this Rule.

(5) Review this Rule and Commission Guidelines from time to time and make recommendations to the Supreme Court for changes.

(6) Upon approval of the Supreme Court publish proposed guidelines and procedures

through West Publishing Company and Res Gestae and file the proposed guidelines and

procedures with the Clerk.

(7) Provide quarterly financial reports and an annual report of the Commission activity to

the Chief Justice of the Supreme Court. A proposed budget for the coming fiscal year (July

1-June 30) shall be submitted to the Chief Justice no later than May 1 of each year.

(8) Do all other things necessary and proper to carry out its powers and duties under this

Rule.

(9) Perform all other duties as set forth in Indiana Admission and Discipline Rule 30 and

the Indiana Alternative Dispute Resolution Rules.

(b) In addition to the powers and duties set forth in this Rule, the Executive Director shall

have the power and the duty to:

(1) Administer the Commission's work.

(2) Appoint, with the approval of the Commission, such staff as may be necessary to assist

the Commission to carry out its powers and duties under this Rule.

(3) Supervise and direct the work of the Commission's staff.

(4) Supervise the maintenance of the Commission's records.

(5) Enforce the collection of fees that attorneys, sponsors, mediators and independent certifying organizations must pay pursuant to this Rule, Admission and Discipline Rule 28,

Admission and Discipline Rule 30 and the Indiana Alternative Dispute Resolution Rules.

(6) Enforce the continuing legal education requirements of Judges and Attorneys under

this Rule.

(7) Assist the Commission in developing guidelines.

(8) Perform such other duties as may be assigned by the Commission in the furtherance of

its responsibilities hereunder.

Section 7. Compensation of Commissioners.

(a) Commissioners shall be paid one hundred dollars ($100) for each meeting of the Commission they attend and be reimbursed for expenses in accordance with guidelines established by the State of Indiana.

Section 8. Exemptions and Other Relief from the Rule.

(a) An Attorney shall be exempted from the educational requirements of the Rule for such

period of time as shall be deemed reasonable by the Commission upon the filing of a verified

petition with the Commission and a finding by the Commission that special circumstances

unique to the petitioning Attorney have created undue hardship. Subsequent exemptions

may be granted. Attorneys in the military who are mobilized or deployed outside the United

States and who present their orders to the Commission along with a verified petition to establish undue hardship may be CLE exempted for a period of up to three years. The Commission

may set forth further requirements and/or limitations for any exemption that is issued or

granted under this subsection, including but not limited to the requirement of annual renew-

als or reporting.

(b) An Attorney who is physically impaired shall be entitled to establish an alternative method

of completing the educational requirements of this Rule upon the filing of a verified petition

with the Commission and a finding by the Commission that the alternative method proposed

is necessary and consistent with the educational intent of this Rule. Any petition filed under

this subsection shall contain a description of the physical impairment, a statement from a

physician as to the nature and duration of the impairment, a waiver of any privileged information as to the impairment, and a detailed proposal for an alternative educational method.

Attorneys in the military who are on active duty in the United States and who present their

orders to the Commission along with a verified petition may be allowed to complete their

educational requirements through an alternative educational method. This allowance may be

extended for a period of up to three years.

(c) An Attorney shall be exempt from the educational and reporting requirements of this Rule

if the Attorney has filed an affidavit of inactivity or a retirement affidavit under Section (c) or

(d) of Ind. Admission and Discipline Rule 2. An Attorney who has been inactive for less than a

year, and desires to resume active status, shall complete any balance of his or her yearly Educational Period requirements as of the date of inactive status.

(d) An Attorney who believes that he or she will be unable to make timely compliance with the

educational requirements imposed by this Rule may seek relief from a specific compliance

date by filing a verified petition with the Commission. The petition shall set forth reasons

from which the Commission can determine whether to extend such compliance date. A petition seeking such an extension of time must be filed as much in advance of the applicable

compliance date as the reasons which form the basis of the request afford. The Commission,

upon receipt and consideration of such petition, shall decide if sufficient reasons exist, and

may grant an extension for such period of time as shall be deemed reasonable by the Commission. Attorneys in the military who are on active duty may petition for an extension of

time to complete their educational requirements. In no event shall such an extension be granted beyond the time when the next compliance date, as required by the Rule, occurs.

Section 9. Annual Reporting to Attorneys.

(a) On or before September 1 of each year, the Commission shall mail or electronically transmit to each Attorney, a statement showing the Approved Courses which the Attorney is credited on the records of the Commission with having attended during the current year and the

current Educational Period. This statement will be sent to the mail or e-mail address for the

Attorney listed on the Roll of Attorneys maintained by the Executive Director of the Indiana

Office of Admissions and Continuing Education. An Attorney shall at all times keep his or her

mailing or e-mail address current with the Roll of Attorneys. If the Attorney has completed

the minimum hours for the year or Educational Period, the statement will so reflect and

inform the Attorney that he or she is currently in compliance with the education requirements of the Rule. It shall not be a defense to noncompliance that an Attorney has not

received an annual statement. Additional statements will be provided to an Attorney upon

written request and a five dollar ($5.00) fee made payable to the Continuing Legal Education

Fund.

If the statement shows the Attorney is deficient in educational hours, but the Attorney

believes he or she is in compliance for the year or Educational Period the Attorney shall file a

letter of explanation, a Sponsor certification of course attendance, a personal affidavit of

attendance, and an application for course accreditation. All fees must be included with the

submission. The documents required by this subsection shall be filed by December 31 of the

year or Educational Period in question unless an extension of time to file the same has been

granted by the Commission. When an Attorney has resolved the above discrepancies, the

Commission shall issue a statement showing that the Attorney is in compliance with the Rule

for the year or Educational Period. In the event credit is not granted, the Attorney shall have

thirty (30) days after written notification of that fact to comply with the educational requirements or appeal the determination pursuant to Section 11. Failure to do so will result in referral to the Supreme Court for suspension.

(b) If the statement incorrectly reflects that the Attorney has completed the minimum hours

for the year or the Educational Period, then it shall be the duty of the Attorney to notify the

Commission and to complete the educational requirements mandated by this Rule.

(c) All fees must be paid in order for an Attorney to be considered in compliance with this

Rule.

Section 10. Sanctions and Reinstatements.

(a) Sanctions. On January 1, a one hundred fifty dollar ($150.00) late fee accrues against each

Attorney who has not met his/her yearly or Educational Period requirements for the period

ending December 31st of the previous year. On February 1 of each year the Commission shall

mail or electronically transmit a notice assessing a one hundred fifty dollar ($150.00) late fee

to those Attorneys who are shown as not having completed the yearly or Educational Period

requirements. The Commission will consider the Attorney delinquent for CLE until both certification of attendance at a CLE program and payment of the late fee are received. Late fees

and surcharges are to be deposited by the Commission immediately upon receipt. If the delinquent Attorney has not fulfilled the yearly or Educational Period requirements at the time the

Court issues an order suspending that Attorney, the delinquency fee is forfeited. If the Attorney is reinstated to the practice of law pursuant to the provisions of Admission and Discipline

Rule 29(10) within one (1) year of suspension, any forfeited late fee shall be credited toward

the reinstatement fee. A one hundred dollar ($100.00) surcharge will be added to the late fee

for each consecutive year for which an Attorney fails to timely comply with CLE requirements.

On May 1 of each year, a list of those Attorneys still failing to complete the yearly or Educational Period requirements will be submitted to the Supreme Court for immediate suspension from the practice of law. These Attorneys will suffer the suspension of their license

to practice law and all related penalties until they are reinstated.

(b) Reinstatement Procedures. An Attorney suspended shall be automatically reinstated upon

petition to the Commission and payment of a two hundred dollar ($200.00) reinstatement fee

in addition to any applicable surcharge. The petition must demonstrate the petitioner's compliance according to the following reinstatement schedule:

(1) for a suspension of one (1) year or less the petitioner must, between the date of suspension and the date of the petition for reinstatement:

(i) complete the hours required to satisfy the deficiency which resulted in the suspension; and

(ii) complete six (6) additional hours of Approved Courses in a separate course or

courses;

(2) for a suspension of more than one (1) year a petitioner must, between the date of suspension and the date of the petition for reinstatement:

(i) complete the hours required to satisfy the deficiency which resulted in the suspension;

(ii) complete thirty-six (36) hours of Approved Courses, twelve (12) hours of which must

have been completed within the last twelve (12) month period prior to the date of the

petition; and

(iii) begin a new Educational Period as of January 1st of the year of reinstatement pursuant to Section 3(a) of this Rule.

The Commission shall issue a statement reflecting reinstatement which shall also be sent to

the Executive Director of the Indiana Office of Admissions and Continuing Education to show

on the Roll of Attorneys that the Attorney is in good standing. An Attorney suspended by the

Supreme Court who continues to practice law shall be subject to the sanctions for the unauthorized practice of law.

Extensions to provide course attendance certifications for courses which were timely taken

may be granted for good cause shown; extensions of time to complete educational requirements are not permitted except under Section 8 of this Rule. Providing or procuring of false

certifications of attendance at educational courses shall be subject to appropriate discipline

under the Admission and Discipline Rules.

Section 11. Appeals Regarding Commission Records.

Any Attorney who disagrees with the records of the Commission in regard to the credits recor-

ded for the Attorney during the current year or Educational Period and is unable to resolve

the disagreement pursuant to Section 9 of this Rule, may petition the Commission for a

determination as to the credits to which the Attorney is entitled. Petitions pursuant to this

Section must be received by the Commission within thirty (30) days of the Commission’s written notification that credit has not been granted and shall be considered by the Commission

at its next regular or special meeting, provided that the petition is received by the Commission at least ten (10) business days before such meeting. The Attorney filing the petition

shall have the right to attend the Commission meeting at which the petition is considered

and to present relevant evidence and arguments to the Commission. The rules of pleading

and practice in civil cases shall not apply, and the proceedings shall be informal. The determination of the Commission shall be final as to the number of credits for the Attorney and shall

be appealable directly to the Supreme Court. In the event of a good faith dispute pursuant to

this Section, the educational and reporting deadlines of this Rule shall be extended until

thirty (30) days after the full Commission has ruled on the disputed issue, or if an appeal is

taken, until thirty (30) days after the Supreme Court has ruled on the disputed issue.

Section 12. Petitions.

Any petition filed with the Commission pursuant to this Rule shall be in writing and shall be

signed and verified by the Attorney seeking relief. The petition shall be sent by registered or

certified mail to the attention of the Executive Director at the Commission's offices at the

address shown on the most recent statements or Commission’s web page pursuant to Section 9 of this Rule.

Section 13. Confidentiality.

Unless otherwise directed by the Supreme Court or by another court having jurisdiction, the

files, records, and proceedings of the Commission, as they may relate to or arise out of an

Attorney, Mediator, or Sponsor attempting to satisfy the continuing legal educational requirements of this Rule, or the requirements of the Indiana Alternative Dispute Resolution Rules

shall be confidential and shall not be disclosed except in furtherance of the duties of the Commission or upon the request of the Attorney, Mediator, or Sponsor affected.

Section 14. Conflict Of Interest.

A member, agent or administrator of the Commission shall abstain from participating in any

decision involving a sponsor or provider of educational services of which he or she is an

officer. A member, agent or administrator of the Commission shall not be an employee of an

entity principally engaged in sponsoring or providing continuing legal education services.

Mandatory Continuing Legal Education and Mandatory

Judicial Education Guidelines

Effective July 10, 2026

Section 1. Authority and Publication of Guidelines.

These guidelines have been adopted by the Court under Section 4 of Rule 28 and Section 6(a)

of Rule 29 in furtherance of the efficient discharge of the Commission's duties.

The Commission shall:

(a) file a copy of these guidelines with the Clerk;

(b) cause these guidelines to be published from time to time as revised in a pamphlet, brochure, or the Internet along with the full text of the Rule 28 and 29 and any other materials deemed useful by the Commission in assisting Attorneys, Judges, and Sponsors to

understand and comply with the Rule;

(c) cause these guidelines and the full text of the Rules to be sent to the West Publishing

Company of St. Paul, Minnesota, with a request that they be published in the Northeast

Reporter; and

(d) cause these guidelines and the full text of the Rules to be sent to the Editors of Res

Gestae with a request that they be published.

Section 2. Definitions.

All of the definitions found in Section 2 of the Rule 28 and 29 are applicable in these

guidelines. In addition, as used in these guidelines:

(a) Approved Courses means any course, approved by the Commission under Section 3 of

these Guidelines, or conducted by an Approved Sponsor which meets the requirements of

Section 3 of these Guidelines.

(b) Approved Sponsor means any person approved under Section 4 of these Guidelines.

(c) Course means any educational seminar, institute, or program which is designed to contribute to the continuing legal education of Attorneys and the continuing judicial and legal

education of Judges.

(d) Enroll means registration for and attendance at a course.

(e) Person means an individual, partnership, corporation, or any other organization.

(f) Rule means Admission and Discipline Rule 28 on Mandatory Continuing Judicial Education and Admission and Discipline Rule 29 on Mandatory Continuing Legal Education.

(g) Sponsor means a Person who conducts or presents a course.

(h) Application means a completed application form, with all required attachments and

fees, signed and dated by the applicant.

(i) Received, in the context of an application, document(s), and/or other item(s) which is or

are requested by or submitted to the Commission, means delivery to the Commission;

mailed to the Commission by registered, certified or express mail return receipt requested

or deposited with any third-party commercial carrier for delivery to the Commission

within three (3) calendar days, cost prepaid, properly addressed. Sending by registered or

certified mail and by third-party commercial carrier shall be complete upon mailing or

deposit.

Section 3. Accreditation Policies.

(a) Approval of Courses.

The Commission shall approve the course if it determines that the course will make a significant contribution to the professional competency of Attorneys or Judges who enroll. In

determining if a course meets this standard, the Commission shall consider whether:

(1) the course has substantial legal content.

(2) the course has substantial judicial content and constitutes an organized program of

learning which contributes directly to the professional competency of a Judge.

(3) the course deals with matters related directly to the practice of law or the professional

responsibility of Attorneys or Judges. This includes law practice management topics that

contribute to the professional competency of Attorneys.

(4) the course pertains to subject matter having significant intellectual or practical content

relating to the administration of justice, the adjudication of cases, the management of

case or court operations by a Judge, or to the education of Judges with respect to their professional or ethical obligations.

(5) each faculty member who has teaching responsibility in the course is qualified by academic work or practical experience to teach the assigned subject.

(6) the physical setting for the course is suitable, including the availability of a writing surface and accessibility to persons with disabilities.

(7) high quality written materials including notes and outlines are available at or prior to

the time the course is offered to all Attorneys or Judges who enroll.

(8) the course is of sufficient length to provide a substantial educational experience.

Courses of less than one (1) hour will be reviewed carefully to determine if they furnish a

substantial educational experience.

(9) there are live presentations; or there is a licensed Indiana Attorney, whose function

shall be to certify attendance to accompany the replaying of tapes.

(10) the applicant has sufficiently identified those portions of a seminar that should be

accredited. It shall be the duty of an applicant to apply separately for accreditation of the

legal portions of a seminar, where the substance of a seminar is not entirely legal. The

Commission may deny accreditation for an entire program where separate application is

not made and where a significant portion of the program is not continuing legal education.

(11) the course is designed for and targeted to Attorneys or Judges.

(12) any attendance restrictions are grounded in a bona fide educational objective to

enhance the Continuing Judicial Education or Continuing Legal Education activity. The Commission may deny accreditation to any course that restricts or that a reasonable person

would perceive to restrict attendance based upon a classification protected by Indiana

state law, federal law or by the Indiana Rules of Professional Conduct.

(b) Approval of Other Educational Activities.

(1) Credit may be given for the following legal subject matter courses:

(i) Law School Courses. An Attorney or Judge who attends a regularly conducted class at a

law school approved by the American Bar Association. The number of credits may not

exceed twenty-four (24) hours for a single law school activity.

(ii) Bar Review Courses. An Attorney or Judge who completes a bar review course may

apply for continuing legal education credit. The number of credits may not exceed twenty-four (24) hours for the course.

(iii) Commission-Accredited Basic Mediation Training Course. An Attorney or Judge who

completes a basic mediation training course approved by the Commission for mediation

training shall receive twenty-four (24) hours.

(iv) Court Administration Courses. Courses directed at improving docket management and

court administration shall be approved.

(v) Law Practice Management Courses. An Attorney or Judge who attends a law practice

management course may apply for general CLE credit. Eligible topics may include trust

accounting, client communication, office and personnel management, legal technology,

cybersecurity, financial planning, pricing strategies, business development, and the ethical

marketing of legal services. Credit shall be granted when the course is designed to

improve professional competency, enhance client service, or support the sustainability of

legal practices. Courses primarily devoted to matters not related to law practice management will be denied credit. A course may receive partial credit if only a portion qual-

ifies.

(vi) Ethics Concentrated Law Practice Management Courses. An Attorney or Judge who

attends a law practice management course with a concentration on ethics, professional

responsibility, or compliance within a law firm, including topics such as trust accounting,

ethical client communication, supervision of non-lawyer staff, or the responsible use of

law office technology, may apply for ethics credit. Any ethics-focused portion of a broader

program may be submitted for partial ethics credit.

(vii) Teaching Approved Courses. An Attorney or Judge who participates as a teacher, lecturer, panelist, or author in an approved course will receive credit for:

(A) Four (4) hours of either approved continuing legal education or continuing judicial

education, as applicable, for every hour spent in presentation.

(B) One (1) hour of either continuing legal education credit or continuing judicial education, as applicable, for every four (4) hours of preparation time (up to a maximum of

six (6) hours of credit) for a contributing author who does not make a presentation

relating to the materials prepared.

(C) One (1) hour of either approved continuing legal education or continuing judicial

education, as applicable, for every hour the Attorney or Judge spends in attendance at

sessions of a course other than those in which the Attorney or Judge participates as a

teacher, lecturer or panel member.

(D) Attorneys or Judges will not receive credit for acting as a speaker, lecturer, or panelist on a program directed to non-attorneys.

(2) Subject to the 12-hour limitation set forth in Rule 28, Section 3(b) and Rule 29, Section 3(a)

and the 18-hour limitation set forth in Rule 28, Section 3(a), credit may also be given for Non

Legal Subject Matter (NLS) Courses.

(i) Sponsor Applications for NLS Course Approval. A sponsor may apply for and receive

accreditation of an NLS course. Courses, including law practice management topics, that

do not meet the criteria under Section 3(a)(3) shall be designated as NLS credit. The following is a non-exclusive list of courses that may be accredited under this section:

(A) Law Practice Management Courses. A Sponsor may apply for NLS accreditation of a

law practice management course that does not meet the criteria of Section 3(b)(1)(v) or

Section 3(b)(1)(vi). To be accredited, the course must deal with law practice management as opposed to office management in general. Further, the course must be directed to Attorneys or law office administrators.

(B) Medicine. Orthopedics or Anatomy for Lawyers.

(C) Accounting for Lawyers.

(D) Teaching Administration Skills for Law School Teachers.

(ii) Attorney Application for NLS Course Approval. In addition, individual Attorneys and

Judges may apply for NLS credit for a course that does not deal with matters directly

related to the practice of law. NLS credit may be approved without reference to Sections 3

(a)(1), (3), and (11) of these guidelines if the course directly related to a subject matter

directly applicable to the applicant's practice. The following are non-exclusive examples of

courses for which individual credit may be awarded under this provision:

(A) Courses in anatomy or other fields of medicine, when credit is sought by an Attorney whose practice includes medical malpractice.

(B) Courses in construction, engineering, or architecture, when credit is sought by an

Attorney whose practice includes construction contracting or litigation.

(C) Courses in financial planning, when credit is sought by an Attorney whose practice

includes estate planning.

(3) Professional Responsibility Credit shall be given when a topic has professional responsibility, ethics, wellness or diversity, equity, and inclusion as its main focus, and the course has

at least one-half (1/2) hour of professional responsibility, ethics, wellness or diversity, equity,

and inclusion content.

(i) An Approved Sponsor must separately designate Professional Responsibility Credits

when certifying attendance to the Commission.

(ii) A Non-Approved Sponsor must separately request Professional Responsibility Credits

on an application provided by the Commission.

(4) Approved In-house education. In-house programs include those primarily designed for the

exclusive benefit of Attorneys employed by a private organization or law firm. In-house programs also include those programs presented only to those Attorneys and/or their clients,

even if the program was not designed for those Attorneys. Attorneys within related com-

panies are considered to be employed by the same organization or law firm for purposes of

this Rule. In-house education programs may become approved where the education is

provided by a Judge, Attorney or Sponsor of legal education who is not a member, employee

or acting of counsel of the participating organization or law firm. In-house CLE is subject to

the following limitations and requirements:

(i) Limited credit may be given for courses taught in-house. Non-governmental or non-academic Attorneys may report up to three (3) hours per three-year educational period for in-house programs that have been accredited by the Commission. Governmental or academic Attorney employees may receive unlimited CLE for these courses sponsored by

their employers for the exclusive benefit of their Attorney employees.

(ii) To be accredited, the Attorney or Sponsor must apply for accreditation at least thirty

(30) days before the course is presented, using an Application for Accreditation. Additionally, the Sponsor or Attorney must demonstrate the facts set forth in paragraph 6

below.

(5) Distance education courses. Limited credit may be given for courses taken through distance education methods. Subject to the eighteen (18) hour limitation found in Rule 28, Section 3(b) and Rule 29, Section 3(a) and the twelve (12) hour limitation found in Rule 28,

Section 3(a), an Attorney or Judge may receive CLE or CJE through interactive distance education during an educational period. To be accredited, the Sponsor must apply for accreditation at least 30 days before the course is presented using an Application for Accreditation.

Additionally, the Sponsor, Attorney or Judge must demonstrate the facts set forth in paragraph 6 below.

(6) Accreditation of in-house and distance education courses. The Sponsor, Attorney, or Judge

must demonstrate that:

(i) the course is designed for and targeted to Attorneys or Judges;

(ii) continuing attendance is monitored and evidence of continuing attendance and/or participation is provided by the Sponsor to the Commission in conformance with such

guidelines as the Commission may develop. In the case of distance education, the sponsor

or Attorney must provide evidence that attendance is monitored by randomly polling or

testing of participants during the program to ensure their participation;

(iii) the Sponsor will provide a certificate of continuing attendance to the Commission;

(iv) in content and style the program meets standards of educational quality as determ-

ined by the Commission;

(v) in the case of distance education courses, meaningful technical assistance will be

provided at times and in ways reasonable to the attendee;

(vi) the course has substantial legal or judicial content (non legal subject credit is not available through in-house programs);

(vii) the course deals with matters related directly to the practice of law, including law practice management and operations, management or administration of a court, the adjudication of cases, or the professional responsibility of Attorneys or Judges;

(viii) each faculty member who has teaching responsibility in the course is qualified by academic work or practical experience to teach the assigned subject;

(ix) high quality written materials are available either through paper format or electronic

format to accompany the instruction either at or prior to the time the course is offered;

(x) in the case of distance education courses, the program is not text-based;

(xi) in the case of distance education courses, either audio or video or both are provided;

and,

(xii) the Sponsor will allow the Commission and its Executive Director or designated

appointee to audit the course for regulation purposes.

(7) Credit will be denied for the following activities:

(i) Legislative, lobbying or other law-making activities; and,

(ii) Self-study activities. Courses or activities completed by self-study will be denied credit

unless approved under Section 8(c) of this rule.

(c) Procedure for Sponsors.

Any Sponsor may apply to the Commission for approval of a course. The application must:

(1) be received by the Commission at least thirty (30) days before the first date on which the

course is to be offered; The applicant must include the nonrefundable application fee in

order for the application to be reviewed by the Commission.

Courses presented by non-profit sponsors which do not require a registration fee are eligible

for an application fee waiver.

Courses presented by bar associations, Indiana Continuing Legal Education Forum (ICLEF)

and government or academic entities will not be assessed an application fee, but are subject

to late processing fees.

Applications received less than thirty (30) days before a course is presented must also include

a late processing fee in order to be processed by the Commission.

Either the provider or the attendee must pay all application and late processing fees before

an attorney may receive credit.

Fees may be waived in the discretion of the Commission upon a showing of good cause.

(2) contain the information required by and be in the form approved by the Commission and

available upon request; and

(3) be accompanied by the written course outline and brochure used to furnish information

about the course to Attorneys or Judges.

(d) Procedure for Attorneys and Judges.

Except for in-house courses, an Attorney or Judge may apply for credit of a course either

before or after the date on which it is offered. Application for accreditation of an in-house

course must be received at least thirty (30) days prior to the Course. The application must:

(1) include the nonrefundable application fee in order for the application to be reviewed

by the Commission. Courses presented by non-profit sponsors which do not require a

registration fee are eligible for an application fee waiver.

Either the provider or the attendee must pay all application and late fees before an Attorney may receive credit.

Fees may be waived in the discretion of the Commission upon a showing of good cause;

(2) contain the information required by and be in the form set forth in the application

approved by the Commission and available upon request;

(3) be accompanied by the written course outline and brochure used by the Sponsor to furnish information about the course to Attorneys or Judges; and

(4) be accompanied by an affidavit of the Attorney or Judge attesting that the Attorney or

Judge attended the course together with a certification of the course Sponsor as to the

Attorney's or Judge's attendance. If the application for course approval is made before

attendance, this affidavit and certification requirement shall be fulfilled within thirty (30)

days after course attendance. Attendance reports received more than thirty (30) days

after the conclusion of a course must include a late processing fee.

Course applications received more than one-year after a course is presented may be denied

as untimely.

(e) Executive Director's Discretionary Powers.

The Executive Director of the Indiana Office of Admissions and Continuing Education may use

discretion in waiving the 30-day pre-program application requirements of these Guidelines

upon a showing of good cause by the applicant and may waive application or late processing

fees.

Section 4. Approval of Sponsors.

(a) Procedure.

A Person may apply to the Commission for approval as a Sponsor of continuing legal or judicial education activity. The application submitted to the Commission must contain the information required by and be in the form approved by the Commission and available upon

request in the Commission office. A Person becomes an Approved Sponsor when the Commission places a Person's name on the list of Approved Sponsors.

(b) Standard for Approval.

The Commission shall approve the Person as a Sponsor if the Commission finds that the Person has conducted and is prepared to conduct on a regular basis programs which, if considered on an individual basis, would satisfy the standards for course approval set out in

Section 3(a) of these Guidelines.

In order to determine whether a Sponsor should be granted Approved Sponsor status, the

Commission may consider the following:

(1) Whether the Sponsor has presented a minimum of an average of five (5) Approved

Courses per year for the previous three (3) years.

(2) Whether the courses within the previous three (3) years were substantively legal or judicial in nature and primarily targeted to Attorneys or Judges.

(3) Whether the Sponsor has observed Commission Rules, Guidelines and Policies with

regard to advertising, application requirements and attendance reporting.

(4) Whether courses within the previous three (3) years were high quality and advanced

the education of Attorneys or Judges.

(5) Whether the Sponsor has substantially complied with requests from the Commission.

(6) Whether courses have been denied accreditation by the Commission during the previous three (3) years and the reasons for the denials.

(c) Review of Approved Sponsors.

The Commission shall periodically audit Approved Sponsors. If the Person fails to conduct

approvable courses on a regular basis, the Person shall be removed from the Commission's

list of Approved Sponsors. In order to remain an Approved Sponsor, a Sponsor must certify

to the Commission the name and attorney number of all Indiana Attorneys and Judges who

attend any Continuing Legal Education Program or Continuing Judicial Education Program.

(d) Presumption of Course Accreditation.

Courses presented by an Approved Sponsor are presumed to satisfy the education requirements of Section 3 of Rule 28 and Rule 29; provided however, courses which do not meet

requirements of Section 3(a) of these Guidelines will be denied credit. Approved Sponsors

must seek approval of courses of less than one (1) hour duration under Section 3 of these

Guidelines.

(e) Fees.

Approved sponsors need not pay application fees. Approved sponsors must pay a late processing fee for attendance reports received more than thirty (30) days after conclusion of a

course.

Section 5. Procedure for Appeals.

Any Person who disagrees with a decision of the Commission and is unable to resolve the disagreement informally, may petition the Commission for a resolution of the dispute. Petitions

pursuant to this Section must be received by the Commission within thirty (30) days of the

Commission’s written notification giving rise to the disagreement and shall be considered by

the Commission at its next regular meeting, provided that the petition is received by the Commission at least ten (10) business days before such meeting. The Person filing the petition

shall have the right to attend the Commission meeting at which the petition is considered

and to present relevant evidence and arguments to the Commission. The rules of pleading

and practice in civil cases shall not apply, and the proceedings shall be informal as directed

by the Chair. The determination of the Commission shall be final subject to appeal directly to

the Supreme Court.

Section 6. Confidentiality.

Filings with the Commission shall be confidential. These filings shall not be disclosed except

in furtherance of the duties of the Commission or upon the request, by the Attorney, Judge or

Sponsor involved, or as directed by the Supreme Court.

Section 7. Rules for Determining Education Completed.

(a) Formula.

The number of hours of continuing legal or judicial education completed in any course by an

Attorney or Judge shall be computed by:

(1) Determining the total instruction time expressed in minutes;

(2) Dividing the total instruction time by sixty (60); and

(3) Rounding the quotient up to the nearest one-tenth (1/10).

Stated in an equation the formula is:

(b) Instruction Time Defined. Instruction time is the amount of time when a course is in ses-

sion and presentations or other educational activities are in progress. Instruction time does

not include time spent on:

(1) Introductory remarks;

(2) Breaks; or

(3) Business meetings.

Section 8. Report of Sponsor.

The Sponsor shall, within thirty (30) days after the course is presented, submit to the Commission an alphabetical list including attorney numbers of all Attorneys admitted in Indiana

and Indiana Judges who have attended the course. This list shall be certified by the Sponsor

and include the hours to be credited to each Attorney and Judge for attendance and speak-

ing. Attendance reports received more than thirty (30) days after the conclusion of a course

must include a late processing fee.

If the course is presented by an Approved Sponsor under Section 4 of these Guidelines, the

Sponsor shall submit a copy of the outline and brochure by which information about the program was furnished to Attorneys or Judges.

Section 9. Use of the Official Legend of the Commission.

(a) Legend of the Commission. The Commission has adopted the official legend set forth in

subsection (c) of this Section as a symbol of approval of continuing legal education activity.

This legend is the subject of copyright and may not be used in advertisement or publicity for

a course unless the Sponsor complies with the requirements of subsection (b) of this Section.

(b) A Sponsor of Approved Courses may use the legend set forth in subsection (c) of this Section if the Sponsor agrees to report hours of credit and submit materials under Section 8 of

these Guidelines.

(c) This legend which may be utilized by Sponsors is:

This course has been approved by the Commission for Continuing Legal Education of the

State of Indiana. Attorneys or judges who complete this course shall receive

1. ___ hours of substantive continuing education, including ___ hours of ethics, or

2. ___ hours of NLS continuing education hours

Under Indiana Supreme Court Admission and Discipline Rule 29 on Mandatory Continuing

Legal Education and/or Admission and Discipline Rule 28 on Mandatory Continuing Judicial

Education. The sponsor of this course is obligated to report the hours of continuing education completed by an attorney or judge.