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Which judicial law clerks or staff members qualify for exemption from their MCLE requirements and do attorneys qualifying for the exemption need to report it?

Supreme Court Rule(s) cited in this FAQ: Rule 756  and Rule 791.

The Court’s MCLE Rules provide an exemption for judicial law clerks and other judicial staff members but only if they meet all the following requirements for at least one day of their reporting period: 
  1. serve in the office of judicial law clerk, administrative assistant, secretary, or assistant secretary to a justice, judge, associate judge or magistrate of any federal court or any court of the State of Illinois, or in any other office included within the Supreme Court budget that assists the Supreme Court in its adjudicative responsibilities;
  2. are prohibited by the terms of their employment from actively engaging in the practice of law; and
  3. are registered with the ARDC pursuant to Supreme Court Rule 756(a)(3)(B).
Rule 791(a)(4),(b).

Supreme Court Rule 756(a)(3)(B) also exempts an attorney from their annual registration fee to the ARDC if the attorney is: 1) serving as a judicial law clerk, administrative  assistant, secretary, or assistant secretary to a justice, judge, associate  judge or magistrate of any federal court or any court of the State of Illinois; and 2) prohibited by the terms of his or her  employment from actively engaging in the practice of law.

When determining if an attorney’s position in the federal or Illinois state courts qualifies them for an exemption from their MCLE requirements under Rule 791(a)(4), the MCLE Board relies on the ARDC’s determination that the attorney’s position qualifies them for an annual registration fee waiver under Rule 756(a)(3)(B). For questions about whether or not your position qualifies under Rule 756(a)(3)(B), please contact the ARDC directly at (312) 565-2600.  

If the ARDC determines an attorney’s position qualifies the attorney for an exemption from their annual registration fee under Rule 756(a)(3)(B), the attorney’s record at the ARDC and MCLE Board is marked as having a qualifying judicial staff position.

When an attorney’s record is marked as judicial staff by the ARDC for at least one day of their MCLE reporting period, the MCLE Board records a full exemption for that attorney from their MCLE requirements for that reporting period.  Attorneys do not report this exemption themselves. 

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