Rule 2 Scope

(A) Except as noted elsewhere in Rule 2, these rules shall apply to every member of the Bar of Arkansas, including all levels of the State and Federal Judiciary, and all attorneys who may be suspended during any reporting period due to nonpayment of license fee or action by the

Supreme Court Committee on Professional Conduct. When used in the course of these rules, the word attorney shall include judges.

(B) Exemptions: Any attorney or Judge who attains age 70 or completes 40 years of licensure as an Arkansas lawyer, during any given reporting period, is exempt from all requirements of the Arkansas Rules for Minimum Continuing Legal Education (hereinafter referred to as CLE) for that reporting period as well as all subsequent reporting periods.

(C) Nonresident Attorneys:

(1) Attorneys who are members of the Bar of Arkansas, but reside outside this State, are required to meet the minimum continuing legal education requirements of their resident state. Such attorneys shall complete annual certification forms to that effect. These forms will be filed with the Arkansas Continuing Legal Education Board on or before the October 31 which succeeds the reporting period in question.

(1) (a) Nonresident Attorneys must submit the Nonresident Certification Form (NCF) provided to them via email by the CLE Board on or around September 1 of each reporting year. The appropriate box must be checked to show that attorney’s status within the given state. If CLE hours are required within the state, the NCF must be accompanied by a copy of the attorney’s out-of-state CLE transcript reflecting compliance along with a mandatory processing fee.

(2) An Arkansas licensed attorney or judge who resides: in a state which does not require continuing legal education; in a foreign jurisdiction; or, in a state which requires continuing legal education but is not licensed in that state, may remain current as regards Arkansas CLE requirements. Such attorneys may do so by meeting the twelve (12) hour requirement as set out in Rule 3(A). The Secretary shall obtain from such attorneys appropriate documentation to confirm compliance with the Arkansas CLE program. In the event an attorney has elected to remain current, yet fails to acquire 12 hours of approved CLE during any reporting period, that attorney shall be subject to the sanctions of Rule 6.

(D) Inactive Status:

(1) At anytime during a reporting period, an attorney on active status, with the exception of sitting judges, may take inactive status for the purpose of these rules. Such status may be secured by filing a petition in accord with Section 25 A.(7) of the Procedures of the Arkansas Supreme Court Regulating Professional Conduct of Attorneys at Law (Procedures) or its successor provision. By taking inactive status, the attorney shall be exempt from the minimum educational requirements of rule 3 for that reporting period and subsequent reporting periods.

(2) An attorney may return to active practice by petition filed as set forth in Section 23 of the Procedures or its successor provision.

(3) Such attorneys shall be required to obtain thirty-six (36) hours of qualified continuing legal education between the date of return to active status (which is the date the reinstatement fee is received by the Board) and the end of the next succeeding reporting period.

(E) Readmission/Reinstatement

(1) An attorney who is re-admitted to the Bar of Arkansas following voluntary resignation, voluntary surrender in lieu of discipline, or order of disbarment shall be required by the end of the next year's reporting period following the attorney's readmission to acquire thirty-six (36) hours of accredited continuing legal education, with at least three (3) of the required hours being in ethics.

(2) This thirty-six (36) hour requirement shall also apply to any attorney who is reinstated by the Board of Law Examiners following non-payment of license fees for a period of more than three (3) years and to attorneys whose license has been suspended by the Committee on Professional Conduct for a period of at least three (3) years.