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MCLE Today: Let’S Talk – a Session with Clereg MCLE Today: Let’s Talk – A Session with CLEreg Presented By: Dan Levering Pennsylvania CLE Board Harrisburg, PA Karen Litscher-Johnson Board of the Supreme Court of Illinois Chicago, IL Dawn McKnight Colorado Supreme Court Denver, CO Andrew Ottiger Practising Law Institute New York, NY Presented at: ACLEA 54th Annual Meeting July 28, 2018 Portland, Oregon Dan Levering Pennsylvania CLE Board Harrisburg, PA Daniel Levering is the Administrator for the Pennsylvania Continuing Legal Education Board. He holds a Bachelor of Arts Degree in Art and Education from Bridgewater University in Massachusetts. Before joining the Pennsylvania CLE Board, he taught art at Weymouth High School in Massachusetts. He is a Past‐President of the Continuing Legal Education Regulators Association (CLEreg). Mr. Levering joined the PA CLE Board as Provider Relations Director and served as a liaison to over 150 Accredited Sponsors. He established Pennsylvania CLE's provider orientation program, helped develop Pennsylvania's Annual Provider Conferences and was extensively involved in the production and implementation of various automated processing programs. Since becoming Administrator in 2001, he has worked with the Pennsylvania CLE Board and legal community to provide lawyers with high levels of regulatory service and quality educational opportunities. Karen Litscher-Johnson Board of the Supreme Court of Illinois Chicago, IL Karen Litscher Johnson, Director, Illinois MCLE Board As the first Director of the MCLE Board of the Supreme Court of Illinois, Karen Litscher Johnson works under the direction of the Court and the MCLE Board to conduct the Board's operations. Her experience includes six years as National Director of Professional Development for DLA Piper where she planned and managed the firm's attorney education programs, including MCLE accreditation, for all of its U.S. offices. Before joining DLA Piper, Ms. Johnson was a Litigation Partner with a mid‐sized Chicago law firm, Much Shelist, P.C. Ms. Johnson received her Juris Doctor degree from Cornell Law School and graduated from the University of Wisconsin‐Madison. She served as Chair of the Chicago Bar Association Young Lawyers Section (YLS ). During eight years in bar leadership, she planned dozens of CLE courses and organized many public and bar service projects. Before becoming a lawyer, Ms. Johnson was a radio reporter and anchor in Madison, Wisconsin. Dawn McKnight Colorado Supreme Court Denver, CO Dawn McKnight is Deputy Regulation Counsel overseeing admissions, registration, and mandatory continuing legal and judicial education. Ms. McKnight received her undergraduate degree from San Francisco State University and her law degree from the University of Denver Sturm College of Law. After graduating from law school, Ms. McKnight practiced environmental law for a nonprofit, then became a civil litigation associate for a private firm. Prior to joining the Office of Attorney Regulation Counsel, Ms. McKnight was Assistant Executive Director and Publications Director of Colorado Bar Association CLE for 14 years. Ms. McKnight is a member of the National Organization of Bar Counsel; the Denver, Colorado and American Bar Associations; the Colorado Women’s Bar Association; the National Conference of Bar Examiners; and, the National Continuing Legal Education Regulators Association. She is also a Fellow of the Colorado Bar Foundation and a Circle of Minerva member of the Women’s Bar Foundation. She is the current Chair of the Board of Directors of the Legal Community Credit Union (d/b/a Options Credit Union). Ms. McKnight currently participates in the Supreme Court Advisory Committee’s Proactive Management‐Based Regulation Subcommittee. Andrew Ottiger Practising Law Institute New York, NY Andrew Ottiger is the Director of Accreditation and Compliance for the Practising Law Institute (PLI), a not‐for‐profit continuing legal education organization based in New York City. Andrew is responsible for the accreditation and compliance of PLI and the SEC Institute, A Division of Practising Law Institute, and all their programs in all U.S. and foreign jurisdictions that require mandatory continuing legal education. PLI and the SEC Institute produces more than 450 exclusive live CLE programs annually which are also made available online in various formats. In addition to MCLE, Andrew is responsible for the accreditation and compliance for more than a dozen other professional certifications that PLI provides continuing education for including accountants and CPAs (PLI is listed as a sponsor of CPE on the National Registry of CPE Sponsors), certified fraud examiners (CFEs), IRS enrolled agents, anti‐money laundering specialists (AML), certified compliance officers, certified privacy professionals, certified HR professionals, auditors, financial and banking professionals, Certified Financial Planners (CFPs), and more. Andrew works closely with PLI's programs and R&D departments to guide them on regulator's rules, regulations, and instructional design requirements during program and product development. Andrew is also responsible for the compliance of PLI business systems and operations related to the advertisement, calculation, issuance, and reporting of CLE and other continuing education credits. Andrew is a current Co‐Chair of ACLEA's MCLE Committee and is a frequent advisor on rules, regulations, processes, and trends in accreditation. Andrew received his B.A. in Political Science from Brooklyn College, City University of New York. What You Need to Know About the New Illinois CLE Requirement For the past decade, the Illinois Supreme Court has encouraged attorneys to take diversity CLE courses and mental health and substance abuse CLE courses and activities to fulfill part of their professional responsibility requirement. Over that decade, the percentages of those courses offered and taken in Illinois has remained practically unchanged. At the same time, the Court has recognized that the profession’s challenges in the diversity arena, and in the mental health and substance abuse arena, remain daunting. To attempt to reverse the trend, the Court adopted the recommendation of the Illinois Supreme Court Commission on Professionalism that Illinois attorneys take one hour of diversity and inclusion CLE and one hour of mental health and substance abuse CLE during each two-year reporting period. This adoption comes in light of national efforts, particularly by the American Bar Association, to encourage all states to require their lawyers to take courses in diversity and mental health and substance abuse. Further background information is available in the Supreme Court’s press release and the Commission’s recommendation letter to the Court. What follows is some additional information for both attorneys and providers: FAQs for Attorneys 1. What is the new diversity/inclusion and mental health/substance abuse CLE requirement? Under the Amended Supreme Court Rule 794(d), Illinois attorneys will be required to take one hour of diversity and inclusion CLE and one hour of mental health and substance abuse CLE as part of their six- hour professional responsibility requirement. The amended Rule describes the substantive areas in slightly different language than used in current 794(d) and the new language will be referred to in these FAQs as “diversity/inclusion” and “mental health/substance abuse.” 2. What is the rationale for this new requirement? In Supreme Court Rule 794(d), the Supreme Court requires Illinois lawyers to take six hours of professional responsibility CLE, which includes, as two of five optional areas, the topical issues of both diversity and mental illness and substance abuse. Data collected by the Illinois Supreme Court Commission on Professionalism shows that few attorneys take courses focused on either of those two areas. The new requirement will use education as a tool to encourage attorneys to seek more information and engagement on diversity and mental health and substance abuse issues. Please see the Commission on Professionalism’s recommendation letter to the Court for further discussion. 1 3. When does the new requirement go into effect? The Rule’s effective date is July 1, 2017 and begins with the two-year reporting period ending June 30, 2019. No courses offered or activities taken prior to July 1, 2017 will be eligible for the new diversity/inclusion and mental health/substance abuse CLE requirement. 4. Who will administer the new requirement? The Illinois Supreme Court Commission on Professionalism will continue to administer the entire professional responsibility requirement. 5. Do newly-admitted attorneys have to fulfill this requirement? No, this new requirement will not apply to newly-admitted attorneys. New attorneys will continue to have to complete their newly-admitted attorney requirement. Please see this MCLE Board FAQ for additional information on the newly-admitted attorney requirement. 6. Does completing the Supreme Court’s lawyer-to-lawyer mentoring program meet the diversity and mental health and substance abuse CLE requirement? Yes. Under Amended Rule 794(d)(2), completing the Court’s mentoring program as a mentor or mentee will fulfill the new CLE requirement. Attorneys can find out more information about the mentoring program on the Illinois Supreme Court Commission on Professionalism’s website. 7. What courses will qualify for diversity/inclusion or mental health/substance abuse CLE credit? The provider offering the course will identify the course as offered to fulfill
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