SCR ch. 31 app.

DEFINITIONS

CLE 1.01

The year of an attorney's admission to the State Bar of Wisconsin

shall be the year carried on the computer records of the State Bar unless

the lawyer notifies the Board in writing prior to the end of his or her first

reporting period that the State Bar data is incorrect and attaches

supporting documentation.

CLE 1.02

Except for repeated on-demand programs, the minimum number

of persons attending a course shall be two attendees and one moderator.

Fewer than that number, and the course shall be deemed to be self-study

and shall not be approved for CLE credit.

REPORTING REQUIREMENTS

CLE 3.01

The classification of State Bar of Wisconsin membership on the

February 1 immediately following the end of the lawyer's reporting

period will govern whether a report will be required. The Board will grant

lawyers who change to inactive status after February 1 according to State

Bar records a deferment of the 30 hours then due on receipt of a written

request that is accompanied by the late fee then due and the written

statement of the State Bar that the lawyer has in fact already converted

his or her membership to inactive status. A request will be considered

timely if received at the Board office by the close of business on the date

that the lawyer's suspension is to go into effect pursuant to SCR 31.10(1);

that is, the filing date established by that rule.

CLE 3.02

(1) No late fee will be assessed against lawyers who complete their

reporting and attendance requirements by the February 1 following the

end of their reporting period.

(2) Lawyers who have been served with the notice of

noncompliance set out in SCR 31.10(1) may avoid the automatic

suspension therein described if, within 60 days after service, they (a)

complete their reporting and attendance requirements and (b) pay the late

fee.

CLE 3.03

Where CLE Form 1 appears in SCR Chapter 31, it shall also

include written amendments of a CLE Form 1 previously filed for the

same reporting period. Such amendments are subject to the same

deadlines as the CLE Form 1.

EXEMPTIONS

CLE 4.01

Although a lawyer is exempt from attendance or reporting in the

calendar year during which his or her admission falls, the lawyer may

report on the CLE Form 1 due at the end of the first full two-year

reporting period any approved hours up to a maximum of 15 that were

attended between the date of admission and the end of the calendar year

in which his or her admission to the practice of law occurred. Hours

carried in under this provision may not be used to satisfy the legal ethics

and professional responsibility requirement in accordance with SCR

31.05(2)(c).

APPROVED HOURS

CLE 5.01

Sponsors must provide a method for lawyers who have taken on-line on-demand programs to submit questions, and must provide answers

supplied by instructors who are qualified by practical and academic

experience with fifteen business days, at no additional cost.

CLE 5.02

(1) Applications for approval of on-line on-demand programs must

be accompanied by

(a) A copy of the on-line on-demand program on DVD;

(b) A statement of the manner in which the sponsor intends to

comply with CLE 5.01.

(2) Sponsors with general program approval under SCR

31.08(3) need not comply with the requirements of sub. (1).

CLE 5.03

Grading the essay portion of the Wisconsin bar exam may be

used to satisfy the requirements of SCR 31.02, up to a maximum of six

(6) credits per examination administration. No legal ethics and

professional responsibility credits shall be awarded for grading the essay

portion of the Wisconsin bar exam.

ATTENDANCE AND REPORTING REQUIREMENTS FOR

PERSONS UPON REACTIVATION OR REINSTATEMENT

CLE 6.01

Compliance with CLE make up requirements shall be a

prerequisite to reactivation of membership in the State Bar of Wisconsin.

STANDARDS FOR APPROVAL OF CONTINUING LEGAL

EDUCATION ACTIVITIES

CLE 7.005

Except for repeated on-demand programs as defined in SCR

31.01(6m), self-study courses as defined in CLE 1.02, and courses

explicitly disapproved in Wisconsin, courses approved for CLE credit by,

and attended in, any other state or territory or the District of Columbia are

deemed approved for the same number of hours and for the same

purposes in Wisconsin. To take advantage of this section, lawyers must

document the out-of-state approval in connection with filing their CLE

Form 1.

CLE 7.01

The following portions of the program may not be counted for

credit: breaks, business meetings, and similar non-academic activities.

CLE 7.02

Credit hours shall be rounded down to the nearest whole or half

hour. Hours of credit shall be determined by the following formula: Total

minutes minus nonacademic portions (breaks, business meetings) divided

by 50 minutes equal the hours of CLE credit.

CLE 7.03

Approved hours merely reflect a maximum that may be earned

through attendance. Only actual attendance by the lawyer may be used to

satisfy the Wisconsin requirement.

CLE 7.04

Credit will not be allowed for any program which in its entirety

lasts less than 50 minutes.

CLE 7.05

[Repealed.]

CLE 7.06

(1) A published legal writing is defined as material that satisfies all

of the following criteria:

(a) It has been published, in print or electronically, in the form of

an article, chapter, book, or significant revision;

(b) It was written in whole or in substantial part by the lawyer

submitting the request for approval; and

(c) It satisfies the criteria set forth in SCR 31.07(2) (a) and (b) in

that its objective is to increase the reader's professional competence as a

lawyer, and in that its content must deal primarily with matters related to

the practice of law, professional responsibility or ethical obligations of

lawyers.

(2) Published legal writings specifically exclude the following:

(a) Compiling or editing materials written by others;

(b) Contributions to blogs or brief current-awareness entries in

newsletters or magazines;

(c) Material that is produced on behalf of or in support of a client,

including submissions to a court of law or to an administrative agency;

(d) Authorship of published decisions;

(e) Material appearing in any media, whether print or electronic

the published content of which is controlled by the applicant or by the

applicant’s firm or employer or that is published by the applicant;

(f) Material appearing in a publication for general circulation or in

a publication directed to a non-lawyer audience; and

(g) Materials that are developed and distributed at CLE activities

in accordance with SCR 31.07(2) (e).

CLE 7.07

In order to request approval for a published legal writing, a CLE

Form 4 and a copy of the published legal writing must be submitted by

its author to the Board.

CLE 7.08

A lawyer may claim his or her actual preparation time up to a

maximum of 15 hours for any approved published legal writing.

CLE 7.09

A lawyer may not claim in excess of 15 hours for all approved

published legal writings in any one reporting period.

CLE 7.10

The only reporting period in which hours for an approved

published legal writing may be claimed is that in which the writing was

published.

PROCEDURE FOR APPROVAL OF CONTINUING LEGAL

EDUCATION ACTIVITIES

CLE 8.01

Approval may be refused to a sponsor for any course which has

previously been falsely advertised as approved by the Board of Bar

Examiners.

CLE 8.02

General program sponsorship does not extend to activities in

which the sponsor acts as the co-sponsor of an activity. Approval shall

be sought by letter from the general program sponsor to the Board.

CLE 8.03

Any sponsor holding general program approval that fails to

cooperate with the administrative requirements developed by the Board

may have its general program approval revoked by the Board.

CLE 8.04

CLE Form 2 shall be submitted to the Board to initiate a request

for course approval. The Board will accept a uniform national course

approval request form at the discretion of its Board.

CLE 8.05

CLE Form 5, or CLE Form 2, shall be submitted to initiate a

request for legal ethics and professional responsibility approval. The

Board will accept a uniform national course approval request form at the

discretion of its Board.

CLE 8.06

Program sponsors shall maintain a list of lawyers in attendance for

a minimum of four (4) years. Attendance lists may be kept in hardcopy

or stored in a retrievable electronic format.

REINSTATEMENT AFTER SUSPENSION

PURSUANT TO SCR 31.11

CLE 11.02

Petitions for reinstatement pursuant to SCR 31.11(1)(a) must be

executed under oath or affirmation.

CLE 11.03

The number of hours required of a lawyer seeking reinstatement is

30 per previous reporting period up to a maximum of 60; in addition, the

lawyer will be required to meet the requirement for the reporting period

in which his or her reinstatement falls.

CLE 11.04

The Board will accept the election of the SCR 31.04(2) exemption,

if appropriate, in satisfaction of its requirement for reinstatement only for

the reporting period from which the suspension arose; that is, the

exemption may not be used toward reinstatement for any reporting period

subsequent to the reporting period from which the suspension arose.

EXTENSIONS AND WAIVERS

CLE 12.01

The Board will consider extensions for completion of attendance

and reporting requirements only upon written request.

SERVICE; FILING

CLE 13.01

The Board will not accept facsimile transmissions in satisfaction

of its filing requirements.

BOARD MEETINGS

CLE 14.01

As an agency of the Supreme Court, the Board is not subject to

Subchapter V of Chapter 19 of the Wisconsin Statutes, relating to open

meetings of governmental bodies. However, the Board posts the dates,

locations and agendas of its meetings in its Internet web site and invites

the public to attend its meetings. Members of the public are not allowed

to attend meetings or parts of meetings that involve confidential matters.

Examples of confidential matters include (i) individuals' applications for

admission to the Wisconsin bar, (ii) hearings on admission applications

and (iii) bar examination questions.