How are carryover hours calculated from a two-year reporting period to the next?
Supreme Court Rule(s) cited in this FAQ: Rule 794
When you earn CLE hours in a two-year reporting period that equal or exceed both the general and specific professional responsibility (PR) MCLE requirements, you may carry over hours, but the MCLE Rules set limits. Exceptions are explained below, under the three examples.
You may carry over a maximum of 10 credit hours, including PR hours. These 10 hours may be carried over only to satisfy the next consecutive period’s requirements. If you rely on carryover credit, you must keep careful records. If you are audited, the Board will ask for the certificates and other documents that you used to calculate your credits.
Steps to Calculate Carryover Credits
Here's how to calculate carryover credit for the current reporting period:
- First, total the CLE hours earned in the current reporting period, including the three categories of PR credit--mental health/substance abuse credit, diversity/inclusion credit, and all other PR credit.
- Then, ask...do I have 30 hours of general MCLE credit, including one hour of mental health/substance abuse credit, one hour of diversity/inclusion credit, and four other hours of PR credit?
- If you need more credits to reach the 30 required credits (including the required six approved as PR), add allowable carryover hours from the most recent reporting period in the past (maximum of 10 carryover hours) to bring your total hours to what is needed for the current period. Any hours from that past reporting period not needed to meet the current reporting period's requirement are forfeited and cannot be applied to future reporting periods.
- If you need any carryover hours (either total MCLE or PR) to meet the current reporting period's requirement, any excess hours in other categories earned in the current period are forfeited and may not be carried forward into future reporting periods.
Examples for Two-Year Reporting Periods Ending June 30, 2019 and After
These examples refer to the two-year, 30-hour requirement, including six PR hours:
- Attorney A earns 39 hours in the reporting period, including nine total hours of PR credit. Of those nine total hours of PR credit -- two hours are mental health/substance abuse credit, two hours are diversity/inclusion credit, and five other PR credit hours. The attorney has no previous carryover hours. That gives her nine carryover hours, including three hours of PR credit -- one hour of mental health/substance abuse credit, one hour of diversity/inclusion credit and one general hour of PR credit.
- Attorney B has five carryover hours available from the just-ended reporting period. In the current reporting period, he earns 32 hours, including one hour of mental health/substance abuse credit, one hour of diversity/inclusion credit, and six other hours of PR credit. Those five hours available as carryover hours from the prior reporting period are not used, since he must first apply hours earned in the current period and the current requirements are satisfied by the credits earned in the current reporting period. However, because he earned more than 30 hours in the current reporting period (earning 32 hours), he now has two hours that are available to carry over to his next period if needed, including two hours of general PR credit.
The information in this FAQ applies to all reporting periods ending June 30, 2019 and after. Rule 794(c)(1)(i)-(ii). For carryover questions about the two-year reporting periods ending June 30, 2018 and earlier, please contact the MCLE Board at 312-924-2420.
- Attorney C earned 35 total hours in the current period, but she did not earn the required one hour of diversity/inclusion credit and had only four total PR hours. She has two PR hours from the prior reporting period -- one hour of diversity/inclusion credit and one hour of general PR credit, so she can apply those two PR hours to satisfy the current reporting period’s requirements. But because she did not earn credits in excess of the entire requirement (general and PR hours) in the current period, she may not carry over her extra five hours to the next period.
Newly admitted attorneys have a different calculation for carryover credit. To learn more, please click here.
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