Supreme Court Of Ohio Commission On Continuing Legal .
The Supreme Court of OhioCOMMISSIONON CONTINUINGLEGAL EDUCATION2020ANNUAL REPORTMAY 2021
The Supreme Court of OhioCommission on Continuing Legal Education2020 ANNUAL REPORTMaureen O’ConnorCHIEF JUSTICESharon L. KennedyJudith L. FrenchJustice until Jan. 1, 2021Patrick F. FischerR. Patrick DeWineMichael P. DonnellyMelody J. StewartJennifer BrunnerJustice beginning Jan. 2, 2021JUSTICESJeffrey C. HaglerADMINISTRATIVE DIRECTOR UNTIL MAY 1, 2021Stephanie E. HessINTERIM ADMINISTRATIVE DIRECTOR BEGINNING MAY 2, 2021
DEAR CHIEF JUSTICE AND JUSTICES OF THE SUPREME COURT OF OHIO,On behalf of the commissioners, I present the 2020 Annual Report of the Commission onContinuing Legal Education. The report includes a detailed review of the administration ofcontinuing legal education requirements for attorneys and judges pursuant to Gov.Bar R. Xof the Supreme Court Rules for the Government of the Bar of Ohio, and Gov.Jud. R. IV ofthe Rules for the Government of the Judiciary of Ohio for calendar year 2020.Under the authority of the Supreme Court, the Commission on Continuing LegalEducation administers the continuing legal education rules of Gov.Bar R. X and Jud.R. IV.The purpose of the rules is to maintain and improve the quality of legal and judicial servicesin Ohio by requiring continuing legal education for Ohio attorneys and regulating theprovision of continuing legal education to Ohio judicial officers.Respectfully submitted,GINA WHITE PALMER, ESQ.Director, Attorney Services DivisionSecretary to the Commission on Continuing Legal Education
COMMISSIONThe Commission is composed of 19 members appointed by theSupreme Court, including 12 attorneys licensed to practice law inOhio, representing each appellate district; one dean or memberof a law faculty engaged in full-time legal education in an Ohiolaw school; five judges; and one non-attorney. Commissionmembers are appointed by Supreme Court justices to three-yearterms and are limited to two consecutive terms. Commissionersserve as volunteers and are not compensated.CHAIRPERSONSky Pettey was elected to serve as the Commission chairpersonin 2020. He is serving his second term on the Commission andpreviously chaired the Commission in 2019. Pettey is with theAthens law firm of Lavelle & Associates.VICE-CHAIRPERSONTabitha Justice was elected to serve as vice-chairperson in 2019and 2020, and has served on the Commission since 2015. Justiceis with the Dayton firm Subash, Wildermuth & Justice.DIRECTOR AND STAFFGina White Palmer, Director of the Attorney Services Division,serves as Secretary to the Commission. Pursuant to CLE Reg.201, the action of the Secretary shall constitute the action ofthe Commission, unless and until the Commission determinesotherwise. The Secretary takes initial action on all applicationsfor accreditation, maintains CLE records of all attorneys, judges,and magistrates. Further, the Secretary has the authority to reviewand decide requests for exemption from the CLE requirements.The staff of the Office of Attorney Services consist of 10 fulltime positions who assist the Commission in executing theadministration of continuing legal education requirements.1
CLE COMMISSION ROSTER FOR 2020SKY PETTEY, ESQ., CHAIRLavelle & Associates4th DistrictJOHN HUFFMAN, ESQ.Huffman, Kelley Brock & Gottschalk LLC3rd DistrictTABITHA JUSTICE, ESQ., VICE-CHAIRSubash, Wildermuth & Justice2nd DistrictMICHAEL KIRBY, ESQ.Kirby & Kirby Ltd.6th DistrictDOUGLAS BLOOM, ESQ.Bloom Law Group, LLC8th DistrictHON. MICHAEL KRUMHOLTZMontgomery County Common Pleas CourtJudgeHON. LAUREL BEATTY BLUNTTenth District Court of AppealsJudgeROBERT MANN, ESQ.**Mann & Carducci Co., LPA5th DistrictJULIE COHARADirector of Degree ProgramsOhio UniversityNon-Attorney MemberHON. MICHAEL OSTER, JR.Butler County Common Pleas CourtJudgeSTEPHEN PRONAI, ESQ.Madison County Prosecuting Attorney12th DistrictHON. MARISA CORNACHIOWilloughby Municipal CourtJudgePATRICIA WAGNER, ESQ.Youngstown State University7th DistrictRICHARD DANA, JR., ESQ.Richard L. Dana, Esq.11th DistrictKARIN WIEST, ESQ.Wayne County CASA/GAL Program9th DistrictHON. WILLIAM DAWSONEast Cleveland Municipal CourtJudgeKEVIN WILLIAMS, ESQ.*Law Office of William A. Morse10th DistrictPROFESSOR TERRI ENNSThe Ohio State UniversityMoritz College of LawLaw School FacultyBARBARA HOWARD, ESQ.Barbara J. Howard Co., LPA1st District* 2021 CHAIR ELECT** 2021 VICE-CHAIR ELECT2
OFFICE OF ATTORNEY SERVICES STAFFGINA WHITE PALMER, ESQ.Director, Attorney Services DivisionMINERVA ELIZAGA, ESQ.Assistant Director, Attorney ServicesBRADLEY MARTINEZ, ESQ.Attorney Services CounselTAMMY WHITEAttorney Services ManagerSHANNON SCHEIDAdministrative AssistantDENISE SPENCERCLE SpecialistTARIK JACKSONCLE SpecialistLORI GILBERTAttorney Services SpecialistPENNY MARCHALAttorney Services SpecialistKIRSTYN PODOJAKAttorney Services SpecialistNIKO JACKSONAttorney Services Specialist3
RESPONSE TO COVID-19 PANDEMICTRANSITION TO PAPERLESSPROCESSESIn light of the circumstances created by theCOVID-19 pandemic, the Commission closelymonitored the CLE requirements for attorneysand judges in 2020, and developed new processesto accommodate the rapid effects of thepandemic as the nation faced shutting down andoffices transitioned to working remotely.In March 2020, the Commission converted thepaper-based, CLE application process to anemail application process so that sponsors couldcontinue to apply for accreditation of theiractivities. Further, the Commission permittedsponsors to convert already approved, in-personCLE activities to online formats, created anemail late-compliance process, and worked withthe Supreme Court’s information technologystaff to allow credit card payments for attorneylate compliance fees. Prior to the pandemic, allthese processes were handled in a paper, mail-in,format with payments only accepted by check ormoney order. These changes ensured there wereample CLE programs available and allowed staffto review CLE applications remotely.WAIVER OF FEES AND EXTENSION OFCLE DEADLINESThe Supreme Court adopted the Commission’srecommendations and the following changeswere made in response to the COVID-19pandemic. March 9, 2020: Waiver of late applicationsfees for sponsors and attorney late creditsfees. March 24, 2020:1. Extension of the CLE late compliancedeadline by 90 days to June 29, 2020,to permit attorneys and judges to curetheir hour deficiencies for the 2018-2019compliance period ending Dec. 31, 2019;2. Waiver of the self-study caps to allowall attorneys and judges to complete allhour deficiencies by any type of Ohioapproved self-study (online) course;3. Extension of the late compliancedeadline for newly admitted attorneysto comply with the new-lawyers-trainingrequirements for the 2018-2019compliance period to Sept. 10, 2020, toavoid suspension from the practice oflaw. May 21, 2020:1. Waiver of self-study caps for judges,magistrates, and attorneys with a Dec. 31,2020 CLE deadline,2. The Court further ordered the waiverof the 25 application filing feeestablished by Gov.Bar R. X, AppendixI, Regs. 405(A) and 409.1(B) for all CLEprograms that address the COVID-19pandemic. July 22, 2020: Approval to allow attorneysto earn up to four hours of general CLEfor training and service as a poll worker inOhio on General Election Day, Tuesday,Nov. 3, 2020. (Service as a poll worker for theMay 4, 2021 primary election was also approvedfor CLE credit.) Oct. 16, 2020: Waiver of self-study caps forjudges, magistrates, and attorneys with lastnames beginning with A through L for the2020-2021 compliance period endingDec. 31, 2021.APPLICATIONS FOR ACCREDITATIONFOR CLE ACTIVITIESPursuant to Gov.Bar R. X(2)(B)(3), theCommission accredits continuing legal educationprograms and establishes procedures foraccreditation. Although there were virtuallyno live in-person CLE events after March 2020,the Commission did not see a reduction inthe number of applications submitted for CLEaccreditation.In 2020, a total of 25,147 applications foraccreditation for continuing legal educationactivities were received and processed by theCommission. Of this total, 24,500 activities(97%) were granted CLE accreditation. Of thetotal applications submitted, 480 activities werecanceled or the applications were withdrawn,and 18 applications were rejected for beingincomplete.The Secretary of the Commission denied atotal of 149 applications that did not meet therequirements for accreditation. Pursuant to Reg.201.3, an applicant may appeal the Secretary’sdecision to deny accreditation within 30 days ofthe decision. The Commission received eightappeals of the Secretary’s decision to denyaccreditation. The Commission denied all eightappeals and upheld the Secretary’s decision todeny accreditation for those activities.In 2020, the vast majority of CLE was offeredthrough self-study activities. The Commissionreceived 21,338 applications for self-studyactivities. Of this total, 16,918 applications werefor on-demand and live webcast activities, and4,420 were live-interactive webinars.4
2020 CLE ACTIVITIES16,9184,420LIVE WEBCASTSLIVE INTERACTIVEWEBINARS3,666CLE IN-PERSONACTIVITIES10738PUBLICATIONSPRO BONO CLEACTIVITIESThe remaining 3,809 applications soughtLATE COMPLIANCE AND SANCTIONScredit for pro bono CLE activities (38), inGov.Bar R. X(18)(A) provides that an attorneywhich attorneys provided pro bono services andor judge who fails to comply timely with theExemptionsfromRequirementsreceived onehourCLEof CLEcredit for every sixapplicable requirements of Gov.Bar R. X or Gov.hours of pro bono services provided in Ohio;Jud. whoR. IV, butso within90 days ofwiththe the CLEPursuantto Gov.BarR. X(12),a bookattorneysand judgesare doesunableto comply107 applicationsfor publishingor articleDec. 31 deadline, shall be assessed a late fee inrequirementsduepracticeto illnessdisability,circumstances, full-time military, or a life-timerelated to theof law,orand3,666 were specialinaccordance with CLE Regulation 503.person CLEasactivities.Althoughthe Commissionappointmenta federaljudgeor magistrate, mayIn responseapply foran exemption from the CLEto the pandemic, the uirements.Court extended the late compliance deadlines.the activities do not have any attorney creditsAttorneys and judges who did not comply wereassociatedthe activities,receivedand it is presumedIn 2020,the withCommission83 requests forexemptions. Of this total the Commissionsubject to sanction and/or suspension from thethat exemptionsthese activities forwereillness/disabilitycanceled in light of (26),the full-timegrantedmilitaryduty(36), specialpracticeof law fornoncompliancewithcircumstancesthe CLEpandemic.(10), federal judge/magistrate appointment (1) and10 requests were withdrawn, rejected, orrequirements.denied. The Commission also granted 30 substitute programexemptions,allowingattorneys In 2020,23,121 attorneysand judgeswith whothe lasttonamesbeginningA-LrequirementswereFROM CLEwereEXEMPTIONSunable to physicallyattend in-person CLE activitiescompletethewithCLErequired to comply with CLE requirementsREQUIREMENTSthroughself-study activities.for the 2018-2019 compliance periodPursuant to Gov.Bar R. X(12), attorneys andending Dec. 31, 2019. More than 93% ofjudges who are unable to comply with the CLEthe attorneys and judges (21,591) compliedrequirements due to illness or disability, specialLatecircumstances,Compliancefull-timeand Sanctionswith CLE requirements for the compliancemilitary, or a life-timeperiod.appointmentas a federaljudge or thatmagistrate,Gov.BarR. X(18)(A)providesan attorney or judgewho fails to comply timely with the On Feb. 10, 2020, the Commission issuedmay apply for an exemption from the CLEapplicablerequirements of Gov.Bar R. X or Gov.Jud. R. 1,530IV, butdoesofsoApparentwithin Non-Compliance90 days of the led to31 ERegulation503.In 2020, the Commission received 83 requestscomplywiththeCLErequirementsfor thefor exemptions.Of this total theIn responseto the pandemic,theCommissionSupreme Court extendedcompliancethe late 19.granted exemptions for illness/disability (26),and spensionfromthepracticeof A total of 824 attorneys and judgesfull-time military duty (36), special circumstancessubmitted a request for late compliancelaw forwith theCLE requirements.(10),noncompliancefederal judge/magistrateappointmentand paid a late compliance fee for the 2018(1) and 10 requests were withdrawn, rejected, or denied.In ningwithwere required2019complianceperiodby A-Lthe extendedThe Commission also grantedlate compliancedeadlines.to complywith exemptions,CLE requirementscomplianceperiod ending Dec. 31,30 substituteprogramallowing for the 2018-2019attorneyswere unablephysicallyattend2019.whoMorethan to93%of theattorneys and judges (21,591) complied with nts for the complianceperiod.requirements through self-study activities.5
A total of 408 attorneys and judgesprovided evidence of timely completingthe CLE requirements, or changed theirattorney registration status that removedthe CLE requirements. On Oct. 14, 2020, the Commission imposedmonetary sanctions against 298 attorneysfor noncompliance with the continuinglegal education requirements for the 20182019 compliance period. Of the 298 attorneys, in addition to themonetary sanction, the Commissionissued orders suspending 65 attorneysfor repeated noncompliance with theprovisions of Gov.Bar R. X. The Commission also suspended threeattorneys from the practice of law forfailure to complete the new-lawyers-trainingrequirement as required by Gov.Bar R.X(9)(A) and 14(A), and not filing evidenceof compliance or coming into complianceas required by Gov.Bar R. X(18)(A).did not comply with the CLE deadlines foraccreditation or CLE compliance. Sponsors areassessed a 25 application fee for applying foraccreditation for CLE activities, and assessed a 100 late fee for failure to submit the applicationtimely. Attorneys are assessed a 25 late fee forfailure to timely report credits, or applying foraccreditation more than 60 days after attendingan out-of-state CLE activity. Attorneys also areassessed late compliance fees and monetarysanctions for failure to comply with the CLErequirements based upon the number of hoursdeficient, ranging from 75 to 300.In 2020, the Commission collected a totalof 320,170 for sponsor and attorney fees. Forcomplete information regarding the AttorneyServices Fund, see the 2020 Attorney ServicesFund Annual Report.CLE FUNDS COLLECTEDPursuant to Reg. 901 Schedule of Fees forSponsors and Attorneys, the Commission collectsapplication fees for sponsors applying for CLEaccreditation and late fees for attorneys whoCONCLUSIONThe Commission furthers the Supreme Court’sresponsibility of regulating the practice of lawin Ohio by ensuring the bench and bar take therequired CLE programs to remain educatedand up to date on matters pertaining to thepractice of law. In 2020, the Commission quicklyresponded to the challenges of a worldwidepandemic, which included a transition topaperless office practices. Many of these changesmay become permanent as the Commissionreviews their efficacy and sustainability.The Commission continues to conduct areview of the rules and regulations in orderensure its policies are fair, consistently applied,and as efficient as possible.6SPONSOR FEES 120,800SPONSOR LATE FEES 48,050ATTORNEY LATE COMPLIANCEAND SANCTION FEES 131,295ATTORNEY LATE APPLICATIONAND CREDIT FEES 20,025
2020 AT-A-GLANCEIn 2020, the Commission made several recommendations to theSupreme Court and modified processes in 2020, to ensure attorneysand judges were able to comply with the CLE requirements tomaintain and improve the quality of legal and judicial services in Ohio. Waiver of the late applications fees forsponsors and attorney late credits fees; 1,097 attorneys earned CLE credit forserving as a poll worker on ElectionDay, Nov. 3, 2020. Waiver of late compliance deadlinesfor M-Z attorneys for the 2018-2019compliance period; Transitioned the paper CLEapplication process to an emailapplication process; Waiver of self-study caps for judges,magistrates and attorneys for the 20192020 and the 2020-2021 complianceperiods; Allowed payment by credit card forattorney late compliance fees for the2018-2019 biennium; Waiver of the 25 application fee forall CLE programs that addressed theCOVID-19 pandemic; Imposed monetary sanctions against298 attorneys, and suspended 65attorneys for failure to comply withthe CLE requirements; Approved up to four hours of CLEfor training and working as a precinctelection officer on General ElectionDay, Nov. 3, 2020; Collected a total of 320,170 insponsor applications fees and attorneylate compliance fees and sanctions.7
PUBLISHED BYThe Supreme Court of OhioCOMMISSION ON CONTINUING LEGAL EDUCATIONMAY 2021
decision to deny accreditation within 30 days of the decision. The Commission received eight appeals of the Secretary's decision to deny accreditation. The Commission denied all eight appeals and upheld the Secretary's decision to deny accreditation for those activities. In 2020, the vast majority of CLE was offered through self-study .
The Supreme Court of Ohio 65 S. Front Street, 6th Floor Columbus, Ohio 43215-3431 *Education Exemptions: (1) Pursuant to May.Ed.R. 3(D)(1) and 4(D)(1), a retired judge eligible for assignment by the Chief Justice of the Supreme Court of Ohio to active duty in thegeneral division of the court of common pleas, a municipal court, or a county court is
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