IN THE SUPREME COURT OF THE STATE OF HAWAI‘I

In the Matter of the Amendment

of the

RULES OF THE SUPREME COURT OF THE STATE OF HAWAI‘I

ORDER AMENDING RULE 22 OF THE
RULES OF THE SUPREME COURT OF THE STATE OF HAWAI‘I
(By: Moon, C.J., Nakayama, Acoba, Duffy, and Recktenwald, JJ.)


IT IS HEREBY ORDERED that Rule 22 of the Rules of the Supreme Court of the State of Hawai‘i is amended, effective July 1, 2010, as follows (deleted material is bracketed and stricken; new material is underscored):

Rule 22. MANDATORY CONTINUING PROFESSIONAL EDUCATION AND VOLUNTARY CONTINUING LEGAL EDUCATION.

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(d) Mandatory Certification, Reporting, and Record Keeping. Each active Bar member shall annually:

(1) certify the number of approved MCPE hours completed during the preceding year or carried forward, and

(2) report the number of approved VCLE hours completed during the preceding year, specifying the number of such hours, if any, satisfied by section (e)(4) of this rule. A member shall maintain records of approved MCPE credit hours and of approved VCLE credit hours for the 2 most recent reporting periods, and these records shall be subject to audit[.] by the HSBA. Any active Bar member who fails to cooperate with the HSBA when audited shall be deemed to be in noncompliance with this rule.

(e) Courses and Activities. The requirements of this rule may be met, subject to prior approval as set out in sections (f) and (g) of this rule, by:

(1) attending approved courses or activities, including but not limited to, presentations conducted in-house or for Inns of Court, bar sections, professional legal organizations, and the like;

(2) preparing for and teaching approved professional education or judicial education courses or activities. Two hours of preparation time may be certified or reported for each hour of time spent teaching, i.e. 3 hours may be claimed for teaching a 1 hour course;

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(h) Full-time Judges. Federal judges, magistrate judges, bankruptcy judges, U.S. Court of Federal Claims judges and administrative law judges are exempt from the requirements of this rule. Full-time state judges shall participate for at least 3 hours each year in a program of judicial education approved by the Committee on Judicial Education. Full-time state judges who are unable to attend, in person, a program approved by the Committee on Judicial Education or who are excused from that program shall comply with this requirement by such other means as the supreme court approves. Full-time state judges shall report the number of approved judicial education hours attended on the judges' annual financial disclosure form.

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(k) Good Cause Exemption or Modification. An active member may apply to the HSBA for good cause exemption or modification from the MCPE requirement. Members seeking an exemption or modification shall furnish substantiation to support their application as requested by the HSBA. Good cause shall exist when a member is unable to comply with the MCPE requirement because of illness, medical disability, or other extraordinary hardship or extenuating circumstances that are not willful and are beyond the member's control.

[(k)](l) Effective Date; Reporting Period. This rule is effective January 1, 2010. The initial reporting period will be the calendar year beginning January 1, 2010, and reports for that year shall be submitted in accordance with section (d) of this rule.


DATED: Honolulu, Hawai‘i, April 29, 2010.