In our Summer 2018 newsletter, we addressed some of the frequently asked questions that come up regarding the new CLE Rule 250 - What You Need to Know About the New C.R.C.P. 250 Rule. Here, we discuss questions that arise when taking courses that have not been accredited in Colorado.

Q: I'm licensed in Colorado. I took a CLE in another state, but the course was not accredited in Colorado. May I still claim credit for the CLE?

A: Yes, although the process for doing so is changing effective January 1, 2019.

For many years, Colorado has followed a policy of reciprocity. This policy permitted Colorado lawyers who took a CLE course out-of-state that was not accredited in Colorado to claim credit by filing an affidavit for the course with the CLJE Office. The policy was originally intended for lawyers who were licensed in Colorado, but whose primary business address was in another jurisdiction.

With the advent of online and remote CLE programming, and the related variation in quality and standards for programming, the CLJE Committee decided to change its policy effective January 1, 2019. The sponsor of the CLE program will now need to submit a Form 1 to the CLJE Office to have the program accredited and for payment of the accreditation fee.

Prior to paying for and taking a CLE course, you should verify the program is accredited by the CLJE Office. You can consult the list of accredited programs or list of accredited homestudies located on our website.

For out-of-state sponsored courses completed after December 31, 2018, where the sponsor did not get the course accredited in Colorado, you have two options for accreditation.

The first option is that you may self-submit the course for accreditation by filing a Form 1B Individual Attorney Application for Accreditation of Non-Accredited Live Out-of-State Seminar, with a certificate of completion, to the CLJE Office. This accreditation will only grant credits to the attorney applying. Any other Colorado attorneys who attended the course will also need to submit the Form 1B. The course must meet the CLJE accreditation regulations to be granted credit. With a few exceptions, if the course has been granted credit in another jurisdiction, that is often indicative that it may be granted credit in Colorado.

Another option is to submit the course for credit as independent study. Under Regulation 103.5, Independent Study Activities, you may receive a maximum of nine CLE credit hours during each three-year compliance period; ethics credit may not be earned under this Regulation. You must fill-out and submit a Form 7 and include a certificate of completion explaining how the independent study was beneficial to you.

Q: I am licensed in Colorado and in another jurisdiction, which is my primary place of practice. I completed my CLE requirements in the other jurisdiction. May I use those credits to satisfy my Colorado CLE requirements?

A: Effective January 1, 2019, you would follow the process set forth in the first question.  However, the CLJE Committee is currently exploring whether to adopt comity in Colorado. Comity would permit a Colorado-licensed lawyer to show compliance with their CLE obligations by meeting their CLE obligations in their home jurisdiction. Certain criteria would need to be met for comity to apply:

1)    The lawyer’s primary business address on file with the Colorado Office of Attorney Registration is out-of-state;

2)    The lawyer’s primary business address is within a jurisdiction he or she is licensed to practice (“home jurisdiction”);

3)    The lawyer’s home jurisdiction has mandatory CLE;

4)    The lawyer is in compliance with the mandatory CLE requirements of his or her home jurisdiction; and,

5)    The lawyer submits a certificate of good standing showing that the he or she is in compliance with CLE in his or her home jurisdiction and provides a copy of their transcript covering his or her Colorado CLE three-year compliance period to the CLJE Office.