Do the Diversity/Inclusion and Mental Health/Substance Abuse requirements in Illinois change the qualifications for an out-of-state exemption for the 2019-2021 Reporting Period?
Supreme Court Rule(s) cited in this FAQ: Rule 791
No. Under the criteria to be eligible for an out-of-state exemption, the other state needs to have "comparable" CLE requirements. Given this, even if a state does not have a Diversity and Inclusion or Mental Health and Substance credit component in its CLE requirements like the new Illinois requirements, the MCLE Board continues to consider many state’s CLE requirements to be "comparable" for purposes of an exemption from the Illinois MCLE requirements under Rule 791(a)(6).
Comparable CLE requirements are found in all U.S. states except these six: Alaska, Hawaii, Maryland, Massachusetts, Michigan, and South Dakota. The District of Columbia also does not have comparable CLE requirements. Attorneys practicing outside the 50 states of the United States are not eligible to claim this exemption.
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