MCLE Opinion 12
RULINGS AND OPINIONS OF THE VIRGINIA MANDATORY CONTINUING LEGAL EDUCATION BOARD
MCLE OPINION 12 -- CARRYOVER CREDITS
Supreme Court Rules and Regulations of the Board allow “a oneyear carryover of credit hours..., so that accrued credit hours in excess of one year's requirement may be carried forward from one year to meet the requirement for the next year. A member may carry forward a maximum of twelve (12) credit hours, two (2) of which, if earned in the area of legal ethics or professionalism, may be counted toward the two (2) hours required in legal ethics or professionalism.” 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 twelve (12) credit hours of CLE, two (2) of which in the area of legal ethics or professionalism 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)].
Amended Effective 11/1/2002
Updated: Oct 29, 2009