Rule 5 Compliance

(A) When Credits Shall Be Completed: Attorneys admitted to the Delaware Bar in even-numbered years shall complete the required CLE credits by December 31 of even-numbered years; Attorneys admitted to the Delaware Bar in odd-numbered years shall complete the required CLE credits by December 31 of odd-numbered years. Each Attorney shall certify compliance with these Rules on the Attorney’s annual registration statement filed under Supreme Court Rule 69(b)(i). The Commission may, in its discretion, extend the deadline for an Attorney to complete the required credits or to certify compliance if the Attorney demonstrates that exceptional circumstances prevented the Attorney from completing the required credits or certifying compliance by the applicable deadline.

(B) Notice of Noncompliance and Delinquency Fee: On or about January 15th, the Commission shall send a Notice of Noncompliance to each Attorney who did not complete the required CLE credits by the end of the preceding Compliance Year. Each such Attorney shall be assessed a $150 delinquency fee.

(C) Curing Noncompliance. An Attorney who did not complete the required CLE credits by the end of the Attorney’s Compliance Year may cure such noncompliance by completing the missing credits, submitting proof of completion to the Commission, and paying the $150 delinquency fee on or before the March 1st following the end of the Attorney’s Compliance Year.

(D) Delinquency Fees; Administrative Suspension: Failure to cure the noncompliance by March 1 as provided in Rule 5(C) will result in an additional $150 delinquency fee. Failure to cure the noncompliance and pay all delinquency fees by April 1 will result in an additional $200 delinquency fee. If by April 15 the noncompliance has not been cured, the Attorney is deemed administratively suspended from the practice of law, and the Clerk of the Court shall issue a notice of administrative suspension by certified mail to the Attorney’s last known address of record and distribute such notice to the courts in accordance with the Court’s procedures relating to administrative suspensions. An Attorney who has been administratively suspended under this Rule may seek retroactive reinstatement as a member of the Bar by completing the missing credits, submitting proof of completion to the Commission, and paying all delinquency fees by the July 1st following the end of the Attorney’s Compliance Year. An Attorney who fails to seek reinstatement by that deadline shall be required to petition for reinstatement under Rule 22.1 of the Delaware Lawyers’ Rules of Disciplinary Procedure.

(E) Audits of Transcripts and Disciplinary Investigation for False Submissions: If the Executive Director has reason to believe that an Attorney has submitted false information to the Commission, the Executive Director shall bring such information promptly to the attention of the Commission, which may result in a CLE audit. If, following a CLE audit, the Commission has reason to believe that an Attorney has submitted false information to the Commission, it shall forward the Attorney’s name to Disciplinary Counsel for investigation and shall notify the Attorney that it has done so.