MCLE - Recent and Upcoming Rule Changes

The Oregon Supreme Court ordered MCLE Rule amendments effective November 1, 2022, which amends MCLE Rules 7 and 8 and the Regulations to MCLE Rule 7. 

These amendments eliminated the lengthy suspension and reinstatement process previously required as a result of MCLE noncompliance. Under the new rules, suspension will become automatic administrative suspensions and reinstatements will only require CEO approval.

Additionally, the new amendments allow members until the end of May 31 (i.e., 11:59 p.m.) of their reporting year to submit their MCLE compliance reports instead of 5:00 p.m. 

The Oregon Supreme Court ordered MCLE Rule amendments effective January 21, 2022, which allow for removal of mentors in the New Lawyer Mentor Program (NLMP). 

MCLE Rule 2.4(d) now allows for removal of an NLMP Mentor against whom charges of misconduct have been approved for filing by the State Professional Responsibility Board or who has been suspended under BR 7.1 for failure to respond to requests for information or records or to respond to a subpoena. 

The mentor shall be removed from participation in the NLMP until those charges have been resolved by final decision or order. If an NLMP mentor is suspended from the practice of law as a result of a final decision or order in a disciplinary proceeding, the member may not resume service as an NLMP mentor until the member is once again authorized to practice law. 

For the purposes of this rule and rule 7.8(a), charges of misconduct include authorization by the SPRB to file a formal complaint pursuant to BR 4.1, Disciplinary Counsel’s notification to the court of a criminal conviction pursuant to BR 3.4(a), and Disciplinary Counsel’s notification to the court of an attorney’s discipline in another jurisdiction pursuant to BR 3.5(a).