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Input sought on VSB control of MCLE rules

The Virginia State Bar has posted for comment proposed changes to the Mandatory Continuing Legal Education rule.

As we reported earlier this month, a task force appointed by immediate-past VSB President Jon D. Huddleston has recommended that VSB Council have the final say on rules and regulations adopted by the MCLE Board.

The issue came up at the council meeting in February with the announcement that the board had adopted a rule that requires four of the 12 annual hours of CLE to be “interactive” – programs that provide the opportunity for feedback by those attending them.

Council members were told that they had no authority to change the new rule, but David A. Oblon, a council member from Arlington, submitted amendments that would allow council to reject regulations and rules adopted by the board.

The task force reviewed the proposal and recommended that rejection of any rule or regulation be by two-thirds vote of council.

The task force also recommended that new rules and recommendation be approved by a majority of the 12 members of the MCLE Board. The rule now allows a quorum of five members of the board to adopt a regulation, which creates the possibility that three members could enact a rule that would not be subject to any review.

Any changes to the rule must be approved by council and the Supreme Court of Virginia.

Comments are due by Sept. 15.

By Alan Cooper

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