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Which attorneys are entitled to claim an exemption from the MCLE requirements?

Supreme Court Rule(s) cited in this FAQ: Rule 756, Rule 757, Rule 758 and Rule 791.

The Court established seven exemptions. The Court also established the number of days during a reporting period (NAA or two-year) an attorney needs to qualify for that exemption to be fully exempt from the MCLE requirements for that reporting period. Rule 791(a)-(b).   

These are the only exemptions available:
  1. Retired or Inactive Registration with ARDC (on last day of the reporting period)

    Must be registered with ARDC as retired or inactive status (including under former Rule 770), or voluntarily removed status. Rules 756(a)(5) or (a)(6). Click here for more information about this exemption and how it’s reported to the MCLE Board. (Rule 791(a)(1), (b)(1))

  2. Disability Inactive Registration with ARDC (on last day of the reporting period)

    Must be registered with ARDC as disability inactive. Rules 757 or 758 Click here for more information about this exemption and how it’s reported to the MCLE Board. (Rule 791(a)(2), (b)(1))

  3. Judge of any Federal or State Court (for at least one day of the reporting period)

    Includes attorneys serving in the office of justice, judge, associate judge, or magistrate of any federal or state court. Click here for more information about this exemption and how it’s reported to the MCLE Board. (Rule 791(a)(3), (b)(1), (b)(3))

  4. Qualifying Staff in Federal or Illinois State Courts (for at least one day of the reporting period)

    Registered with ARDC under Rule 756(a)(3)(B) because the attorney is as a federal or Illinois state court judicial employee in a qualifying position listed in that rule and is prohibited by the terms of his/her employment from actively practicing law. Click here for more information about this exemption and how it’s reported to the MCLE Board. (Rule 791(a)(4), (b)(1), (b)(3)).

  5. Active Duty Military (for at least one day of the reporting period)

    On active duty in the U.S. Armed Forces and applies until attorney’s release from active service and return to the practice of law. Click here for more information about this exemption and how it’s reported to the MCLE Board. (Rule 791(a)(5), (b)(1), (b)(3)).

  6. Out-of-State Attorney (at least 365 days of reporting period or on last day of reporting period) – Exemption Must be Reported by Attorney

    To qualify for this exemption, the attorney must meet specific criteria concerning their out-of-state licensure, out-of-state office (if no office, then home) and MCLE compliance. The attorney must meet all these criteria for at least 365 days of their Illinois reporting period or on the last day of their Illinois reporting period. A qualifying attorney must report this exemption to the Board online each reporting period. Click here for more information about this exemption and how attorneys report it to the MCLE Board. (Rule 791(a)(6), (b)(1), (b)(2)).

An attorney may not claim an exemption based on an exemption that arises after a reporting period ends. A valid exemption must apply on or before the last day of the reporting period and does not apply retroactively.

Application Needed to Request Hardship Exemption
One exemption is based on hardship situations. To qualify, the attorney applies to the MCLE Board with specific documentation no later than 30 days before the reporting period's last day (unless the attorney establishes that hardship prevented timely submission).

For this exemption, the attorney must establish that rare case where illness, financial hardship, or other extraordinary or extenuating circumstances beyond the attorney’s control prevented timely compliance. A temporary exemption is granted only when the Board determines that the attorney has established such a hardship. Contact the MCLE Board at 312-924-2420 for more information. (Rule 791(a)(7)).

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