As you may be aware, effective January 1, 2010, all lawyers holding a license to practice law in the State of New Jersey, whether plenary or limited, are required to participate in the mandatory continuing legal education program as set forth in Rule 1:42, entitled "Continuing Legal Education."  The Rule, which was adopted on December 18, 2009, requires all attorneys who are licensed to practice in the State to take 24 hours of continuing legal education every two years, including at least four hours on topics related to ethics and/or professionalism.  The program is mandatory for in-house corporate counsel.  The following is each compliance group's requirement:

• Compliance Group 1: Individuals with birthdays from
  January 1 - June 30
• Compliance Group 2: Individuals with Birthdays from
  July 1 - December 31*

*There are transitional requirements for attorneys in compliance Group 2.

BCLE Reg. 401:2 provides that each active lawyer is permanently assigned to one of two compliance groups for CLE purposes, with one group reporting each year. Those whose birthdays are during the period from January 1 through June 30 must certify their compliance on the Annual Attorney Registration Statement (or on such other form as provided by the Board) of each even numbered year next following the completion of a compliance period (Compliance Group 1).  Those whose birthdays are during the period from July 1 to December 31 must certify their compliance on the Annual Attorney Registration Statement (or on such other form as provided by the Board) of each odd numbered year next following the completion of a compliance period (Compliance Group 2).

BCLE Reg. 401:3 provides that there is no reporting obligation during 2010. "A compliance report in respect of one-half of the mandatory CLE requirements is due from Compliance Group 2 on the Annual Attorney Registration Statement due in 2011. Commencing with the Annual Attorney Registration Statement due in 2012 and continuing thereafter, compliance reports become due as provided in BLCE Reg. 401.2."

For example, if your birthday is in July-December, you must certify on the Annual Attorney Registration Statement or other form provided by the Board on CLE in 2011 that you have taken at least 12 MCLE credits in 2010. You must have taken all 24 by the end of 2012 so that you can certify to that in your first full reporting period, which is 2013. You next reporting periods thereafter will be 2015, 2017, etc.

If your birthday is in January-June, you must certify your full compliance of at least 24 credits on the Annual Attorney Registration Statement or on another form provided by the Board on CLE in 2012. Your next reporting periods thereafter will be 2014, 2016, etc.

DELVACCA's CLE courses have been "grandfathered" to satisfy the new NJ CLE requirements. Pursuant to BCLE Reg. 401:5, "grandfathered" courses include: (a) courses taken in satisfaction of the requirements for New Jersey certified attorneys pursuant to Rule 1:39-2(d); (b) courses that satisfied the skills and methods requirements of former Rule 1:26; and (c) courses that qualify to satisfy another State's continuing legal education requirements. The number of credit hours that will be awarded for courses taken prior to January 1, 2010 shall not exceed 24.

DELVACCA is in the process of obtaining certification as a CLE provider under the New Jersey CLE requirements (DELVACCA's CLE courses currently qualify for NJ CLE by having qualified under Pennsylvania and Delaware legal education requirements—see BCLE Reg. 401:5).

Should you have any questions about your New Jersey CLE requirements, please contact Sujata Gupta, the NJICLE MCLE Coordinator, at 732-214-8577 or email her at research@njicle.com.  To reach the Supreme Court of New Jersey Board on Continuing Legal Education, call 609-633-9733 or email at sctcle.mailbox@judiciary.state.nj.us.