Opinion
June 12, 2003.
ORDER
The Commission on Continuing Legal Education and Specialization has proposed amending the Regulations for Mandatory Continuing Legal Education for Judges and Active Members of the Bar, contained in Appendix C of Part IV of the South Carolina Appellate Court Rules, to authorize accreditation of various alternatively delivered programming, including on-line and telephone seminars. The Commission also seeks to amend the Regulations for Legal Specialization, contained in Appendix D of Part IV of the South Carolina Appellate Court Rules, to eliminate the authority of specialization advisory boards to waive written examination when an applicant has an advanced degree in the legal field concerned. The proposed amendments are approved.
Pursuant to Article V, § 4, of the South Carolina Constitution, we hereby amend the Regulations for Mandatory Legal Education for Judges and Active Members of the South Carolina Bar, Appendix C to Part IV, SCACR, and the Regulations for Legal Specialization, Appendix D to Part IV, SCACR, to reflect the changes set forth above. These amendments shall be effective September 1, 2003. The amended provisions are attached.
IT IS SO ORDERED.
s/ Jean H. Toal, C.J. s/ James E. Moore, J. s/ John H. Waller, Jr., J. s/ E. C. Burnett, III, J. s/ Costa M. Pleicones, J.
APPENDIX C REGULATIONS FOR MANDATORY CONTINUING LEGAL EDUCATION FOR JUDGES AND ACTIVE MEMBERS OF THE SOUTH CAROLINA BAR
V. Accreditation Standards
H. Audio-visual and Media Presentations.
1. Audio-visual or media presentations, including telephone and on-line seminars, are acceptable provided:
(a) A faculty member is in attendance or available by telephone hook-up to comment and answer questions; or
(b) Other appropriate mechanisms, as determined by the Commission, are present to enable the attendee to participate or react with the presenters and other attendees. Appropriate mechanisms include quizzes or examinations, response tracking, user prompts, and instant messaging.
2. In addition to meeting the standards of A through G, above, audio-visual or media presentations must:
(a) Utilize some mechanism to monitor course participation and completion in such a manner that certification of attendance is controlled by the provider. Courses must not be susceptible to a "fast forward" finish by attendees;
(b) High quality written materials must be available to be downloaded or otherwise furnished so that the attendees will have the ability to refer to such materials during and subsequent to the presentation;
(c) Telephone and on-line educational activities must be pre-approved by the Commission;
(d) Telephone and on-line educational activities will be accredited for the actual time spent to a maximum of 1 hour per activity; and
(e) Providers shall furnish to the Commission password and/or log-in capabilities for accredited programs. Access will allow for review of course mechanisms, such as interactive functionality. Any such activity may be audited by 1 or more representatives of the Commission without charge.
3. CLE credit earned through audio-visual or media presentations and applied to the annual 14 hour minimum requirement shall not exceed 4 hours of credit per calendar year.
APPENDIX D REGULATIONS FOR LEGAL SPECIALIZATION
VIII. WRITTEN EXAMINATION
A. Requirement. Advisory Boards will require applicants to pass a written examination as a prerequisite to initial certification. An applicant who has not taken a specialty field's written examination within two (2) years of the date his or her application was received in the Commission's offices shall be required to reapply for certification.