Rule 8-103. Commission on Continuing Lawyer Competency.
State Bar Programs / Part VIII - Continuing Legal Education / CHAPTER 1 MINIMUM REQUIREMENTS FOR CONTINUING LEGAL EDUCATION / Rule 8-103. Commission on Continuing Lawyer Competency.
(A) Membership, Appointment and Terms:
There is established a permanent commission of the State Bar of Georgia known as the Commission on Continuing Lawyer Competency. The Commission shall consist of sixteen (16) members, six (6) of whom shall be appointed by the Supreme Court of Georgia and six (6) by the Board of Governors of the State Bar of Georgia, one (1) shall be designated by the Executive Committee of the State Bar of Georgia, one (1) shall be the chair of the Board of Trustees of the Institute of Continuing Legal Education in Georgia or his or her designee, one (1) shall be designated by the Chief Justice's Commission on Professionalism, and one (1) shall be designated by the President of the Young Lawyers Division of the State Bar of Georgia. Members shall be members of the State Bar of Georgia. Members of the Commission appointed by the Supreme Court of Georgia and by the Board of Governors of the State Bar shall be appointed for staggered three (3) year terms and until their successors are appointed, except that the initial appointed members of the Commission shall consist of four (4) members appointed for a term of one (1) year, four (4) members appointed for a term of two (2) years, and four (4) members appointed for a term of three (3) years. The appointed members of the initial Commission shall be appointed half by the Supreme Court and half by the Board of Governors of the State Bar of Georgia. No member appointed by the Supreme Court or the Board of Governors may serve more than two (2) consecutive terms as a member of the Commission, and no such member may be reappointed otherwise to the Commission until he or she has been inactive as a Commission member for three (3) consecutive years. Members of the Commission designated by the Executive Committee, the chair of the Board of Trustees of the Institute of Continuing Legal Education, the Chief Justice's Commission on Professionalism, and the President of the Young Lawyers Division shall each serve for a term of one (1) year. No person so designated to the Commission may serve more than three (3) consecutive terms as a member of the Commission, and no such member may be redesignated otherwise to the Commission until he or she has been inactive as a Commission member for three (3) consecutive years.
The Commission shall designate each year one of its members to serve as Chairperson. The Executive Director of the State Bar of Georgia, the Executive Director of the Institute of Continuing Legal Education of Georgia, the Executive Director of the Chief Justice's Commission on Professionalism, and the Executive Director of the Commission shall serve as ex-officio members of the Commission, but shall have no vote. The Executive Director of the Commission shall serve as Secretary of the Commission.
(1) Quorum. Eight voting members shall constitute a quorum of the CCLC.
(2) Chair. The Chair of the CCLC shall be elected by majority vote during the first meeting of CCLC in each calendar year.
(3) Vice Chair. The CCLC shall elect a Vice Chair by majority vote during the first meeting of the CCLC in each calendar year.
(4) Executive Committee. The Executive Committee of the CCLC shall be comprised of the Chairperson, Vice Chairperson, and a voting member to be appointed by the Chairperson. Its purpose is to conduct all necessary business of the CCLC that may arise between meetings of the full Commission. In such matters it shall have complete authority to act for the CCLC.
(5) Standards of the Profession Committee. The Chair of the CCLC shall appoint a chair of the Standards of the Profession Committee which shall devise and recommend policy to the Commission for the operation of the Transition Into Law Practice Program. The Standards of the Profession Committee shall be composed of the designee of the Executive Committee of the State Bar of Georgia, the chair of the Board of Trustees of the Institute of Continuing Legal Education in Georgia or his or her designee, the designee of the Chief Justice's Commission on Professionalism, the designee of the President of the Young Lawyers Division of the State Bar of Georgia, and any other member of the State Bar of Georgia appointed to the Standards of the Profession Committee by the Chairperson of the Commission. In addition, the Standards of the Profession Committee of the Commission shall initially be composed of the members of the Standards of the Profession Committee of the State Bar of Georgia, who shall serve at the pleasure of the Chair of the Commission.
(6) Other Committees. The Chairperson may appoint from time to time any committees deemed advisable.
(7) Vacancy. A vacancy on the CCLC, in its officers, or on its committees, occurring for whatever reason, shall be filled as soon as practical in the same manner as the original holder of the position was selected.
(B) Powers and Duties of the Board:
(1) The Commission shall have general supervisory authority to administer these Rules.
(2) The Commission shall have specific duties and responsibilities:
(a) To approve all or portions of individual courses and programs of a sponsor which satisfy the educational requirements of Rule 8-106;
(b) To determine the number of credit hours allowed for each course or educational activity;
(c) To encourage courses and programs by established organizations, whether offered within or without the State;
(d) To educate the public about the legal profession;
(e) To adopt rules and regulations not inconsistent with these Rules;
(f) To establish an office or offices and to employ such persons as the Commission deems necessary for the proper administration of these Rules and to delegate to them appropriate authority, subject to the review of the Commission;
(g) To report at least annually to the State Bar and to the Supreme Court the activities and recommendations of the Commission and the effectiveness of the enforcement of these Rules;
(h) To report promptly to the Supreme Court any violation of these Rules.
(1) Appeals. The CCLC is the final authority on all matters entrusted to it under these rules. Therefore, any decision made by a committee of the CCLC pursuant to a delegation of authority may be appealed to the full CCLC. A decision made by the staff of the CCLC pursuant to a delegation of authority may also be reviewed by the full CCLC, but should first be appealed to the Committee of the CCLC having jurisdiction on the subject involved. All appeals shall be in writing. The CCLC has the discretion to, but is not obligated to, grant a hearing in connection with any appeal.
(2) Amendments. The CCLC may on its own motion, or on the motion of any interested party, amend, delete, or add to the foregoing Regulations. All motions in this regard should (1) be typed, (2) describe the amendment, (3) explain the reasons for the amendment, and (4) include a draft of the suggested new regulation.
(3) All parties are welcomed to appear before the Commission in writing. If the Commission determines that further information is needed, the parties may be invited to present their position or appeal in person or by telephone conference call.
(1) Purpose. The Commission should be adequately funded to enable it to perform its duties in a financially independent manner.
(2) Sources. Costs of administration of the Commission shall be derived from charges to members of the State Bar for continuing legal education activities.
(a) Sponsors of CLE programs to be held within the State of Georgia shall, as a condition of accreditation, agree to remit a list of Georgia attendees and to pay a fee for each active State Bar member who attends the program. This sponsor's fee shall be based on each day of attendance, with a proportional fee for programs lasting less than a whole day. The rate shall be set by the Commission.
(b) The Commission shall fix a reasonably comparable fee to be paid by individual attorneys who either (a) attend approved CLE programs outside the State of Georgia or (b) attend un-approved CLE programs within the State of Georgia that would have been approved for credit except for the failure of the sponsor to pay the fee described in the preceding paragraph. Such fee shall accompany the attorney's annual report.
(3) Uses. Funds may be expended for the proper administration of the Commission. However, the members of the Commission shall serve on a voluntary basis without expense reimbursement or compensation.
(1) Sponsor Fee. The Sponsor fee, a charge paid directly by the sponsor, is required for all approved programs held within Georgia. It is optional for approved programs held elsewhere. Sponsors shall remit the fee, together with a list in alphabetical order showing the names and Georgia Bar membership numbers of all Georgia attendees, within thirty (30) days after the program is held. The amount of the fee is set at $5.00 per approved CLE hour per active State Bar of Georgia member in attendance. It is computed as shown in the following formula and example:
|Multiplied by total approved CLE hours
|Multiplied by number of Georgia attendees
|Equals the total sponsor fee
(2) Attendee Fee. The attendee fee is paid by the Georgia attorney who requests credit for a program for which no sponsor fee was paid. Attorneys should remit the fee along with their annual report before January 31st following the calendar year for which the report is being submitted. The amount of the fee is set at $5.00 per approved CLE hour for which the attorney claims credit. It is computed as shown in the following formula and example:
|Multiplied by the total approved CLE hours for which the attorney seeks credit but for which sponsor fee was paid.
|Equals the total attendee fee
(3) Fee Review. The Commission will review the level of the fee at least annually and adjust it as necessary to maintain adequate finances for prudent operation of the Commission in a non-profit manner.
(4) Uniform Application. The fee shall be applied uniformly without exceptions or other preferential treatment for any sponsor or attendee.
(5) Professionalism Fee. The charge for professionalism credit is $15.00 per professionalism hour per attendee. This is in addition to the $5.00 per credit hour per attendee required by the CCLC. Each professionalism hour thus carries a charge per attendee of $20.00. The sponsor shall remit payment for CLE credit as follows:
A check for $5.00 per total CLE hour (including professionalism) per attendee should be made payable to CCLC and mailed with the attendance list to the CCLC at the State Bar address.
A check for $15.00 per professionalism CLE hour per attendee should be made payable to CJCP (Chief Justice's Commission on Professionalism) and mailed to the CJCP at the State Bar address.
For example, if the sponsor is paying for 5 attendees who attended a 6-hour seminar including 1 hour of ethics and 1 hour of professionalism, payment should be as follows:
$5 per hour x 6 hours of CLE x 5 attendees = $150 (payable to CCLC)
$15 per Professionalism hour x 5 attendees = $75 (payable to CJCP)
The CCLC is responsible for entering all CLE credit including professionalism.
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