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MCLE OPINION 12 -- CARRYOVER CREDITS
Supreme Court Rules and Regulations of the Board allow "a one-year carryover of credit hours . . . from [a] reporting period to the next reporting period"; provided, however, that no more than eight credit hours may be carried forward. The Board will allow carryover only from one period to the next. It will not allow CLE credits from two years back to be carried forward. To do so would not only be inconsistent with the language of the Rule but would defeat the purpose of continuing legal education -- to enhance professional skills with current updates.
On the end of year report attorneys should claim credit for all courses attended. This will ensure that they meet the required eight hours of CLE and are entitled to all earned carryover credits. If such carryover credits are not claimed they may, nonetheless, still be claimed in the next reporting period with the payment of a late filing fee. Consistent with the application of the rules, however, such credits may not be claimed except from the immediately preceding reporting period. Nor will the Board, consistent with the Rules and Regulations, allow a late amendment to any reporting period, other than the immediately preceding period. [Paragraph 17C(2) of Section IV, Part Six, Rules of the Supreme Court of Virginia and MCLE Regulation 102(e)].
9/11/89