Which judges qualify for an exemption from their MCLE requirements and do qualifying judges have to report their exemption?
Supreme Court Rule(s) cited in this FAQ: Rule 756
and Rule 791
Attorneys serving in the office of justice, judge, associate judge, or magistrate of any federal or state court for at least one day of their reporting period have a full exemption from their MCLE requirements. Rule 791(a)(3),(b).
Most attorneys entitled to this exemption do not need to report this exemption. This is because most attorneys entitled to this exemption are also registered with the ARDC under Supreme Court Rule 756(a)(3)(A) as a justice, judge, associate judges or magistrate of a court of the United States of America or the State of Illinois.
When an attorney registers with the ARDC under Rule 756(a)(3)(A), the ARDC informs the MCLE Board of this registration status. The MCLE Board then enters an exemption for any attorney who is registered under this status for at least one day of their reporting period.
The only attorneys who need to report their judicial exemption to the MCLE Board are attorneys who qualify for it but are not registered with the ARDC under Rule 756(a)(3)(A) during the reporting period that they are entitled to that exemption.
Retired judges who choose to maintain an active license will need to comply with the MCLE requirements beginning with their first two-year reporting period that starts after leaving the bench unless they qualify for another exemption.
To locate this FAQ again, enter this FAQ number in the search FAQ box: A530.