Rule 804: Minimum Requirements

(a)   Credit Hours. An active attorney must earn a minimum of 12 CLE credit hours at approved programs during each compliance period. Of the 12 hours, at least 2 hours must be in the area of ethics and professionalism.

(b)   Carryover Credit. An active attorney may complete CLE credit hours at approved programs during a compliance period that exceed the number of credit hours required by subsection (a). To carry over the credit hours to the next compliance period, the attorney must comply with the requirements of Rule 808. The following provisions apply to carryover credit.

(1)   An active attorney may carry over up to 10 unused general attendance CLE credit hours.

(2)   An active attorney may carry over ethics and professionalism CLE credit hours as general attendance CLE credit hours but not as ethics and professionalism CLE credit hours.

(3)   An active attorney cannot carry over CLE credit hours earned for teaching, authorship, or attendance at a law practice management program.

(c)   Reporting. A provider or individual attorney must report CLE credit hours at an approved program as required under Rule 806 and in the form and manner prescribed by OJA.

(d)   Exemptions. The following attorneys are exempt from the CLE requirement in subsection (a):

(1)   an attorney newly admitted to practice law in Kansas until the beginning of the first compliance period following admission to practice;

(2)   an attorney registered under Rule 206 as inactive, retired, or disabled due to mental or physical disability; and

(3)   an active or retired federal or state judge or justice, bankruptcy judge, or full-time magistrate of the United States District Court for the District of Kansas who is not engaged in the practice of law, but a federal or state administrative judge is not eligible for this exemption.

(e)   Exception for Good Cause. The Board may grant an exception to the strict requirement to complete continuing legal education in any compliance period because of good cause, such as disability or hardship. The following provisions apply.

(1)   An attorney must submit a written request for an exception to OJA with a detailed explanation of the circumstances necessitating the request.

(2)   The Board must review and approve or disapprove a request for an exception on an individual basis.

(f)   Legislative Service. Upon a written request submitted to OJA, an attorney serving in the Kansas Legislature will receive a reduction of 6 of the 10 general attendance CLE credit hours required for the compliance period in which the attorney serves in the Legislature.

[History: New rule adopted effective July 1, 2011; Am. (b) effective July 1, 2011; Am. (g) effective November 8, 2011; Am. (d) effective August 24, 2012; Am. effective July 1, 2017; Am. effective October 2, 2019; Rule 803 renumbered to Rule 804 and Am. effective April 2, 2021; Am. effective June 1, 2021; Am. effective July 1, 2022.]