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Bar News - February 21, 2003 NHMCLE Board Annual Report Review of the Reporting Year July 1, 2001-June 30, 2002 Overview Compliance with Supreme Court Rule 53 continues at the 99 percent level achieved since the program began 10 years ago. The Certificate of Compliance booklet for 2002 contained the list of accredited CLE providers and worksheets to explain teaching and publication credit calculations, as well as the application for lawyers to seek credit for courses attended. The booklet information is duplicated on this Web site, under Continuing Legal Education - NHMCLE Information. Melinda Ferreira held the part-time office assistant position for this year, but left at the end of August 2002. Her primary area of responsibility was sponsor compliance issues. A successful search for her replacement was finally concluded in December 2002 with the hiring of Patricia Fitser. In addition to filing a Certificate of Compliance, this year, lawyers were asked to respond to a questionnaire, either by e-mail or paper copy, to gauge members' opinions about future directions for the second decade of the NHMCLE program. Board Membership and Activities Hon. James Duggan was re-appointed in February 2002 to act as the Bar Association's member on the NHMCLE Board. His term will expire in 2005. Longtime staffer Joanne Piper Lang left the NHBA in August 2001 to accept a position in law firm administration. Jeannine McCoy, executive director of the NHBA, has assumed that seat on the Board. The list of Board members with term expiration dates can be found on the Web site. This year, the Board's subcommittees have begun conducting many of their work sessions by e-mail or fax. This has allowed members to complete their duties from their offices in a timely fashion without the additional time spent traveling to and from meetings. The Board voted to create a Decade Review Committee in January 2002 for the purpose of reviewing the rule, the regulations and the administration and funding of the NHMCLE program. The Committee designed and distributed a 14-item member survey, both by e-mail and by regular mail, with the Certificate of 2002 Compliance booklets. The Board is pleased to note that almost half of the lawyers required to complete the Certificate of Compliance responded to the survey. The results were compiled with help from the Administrative Office of the Courts, to which the Board extends its thanks. Audit Pursuant to Reg. 53.6 (B), the Board completed its sixth annual audit of attorneys' Certificates of Compliance. As in years past, some audited attorneys were required to revise their filings as a result of incorrect dates or credits listed, but all were found to be in compliance at the conclusion of the audit. These attorneys were encouraged to review and upgrade the method of record keeping within their offices. Financial Report Once again, income from lawyer late filing fees forestalled an anticipated budget deficit for the year ending May 31, 2002. (Note that the program's fiscal year mirrors that of the NHBA, which provides administrative and support services to the program, and not the program reporting year.) Due to late fees more than $16,000 in excess of budget, and several thousand dollars more in unanticipated sponsor fees, the program generated a surplus from operations of more than $15,000 for the year. Regulations The Board gave lawyers additional guidance to address the increasing number of "non-traditional" programs in today's CLE marketplace. In January 2002, the Board revised Reg. 53.3 (A)(1) to require pre-approval of all such programs that are not presented by an Annual Sponsor. Courses presented by Annual Sponsors are presumptively approved. Compliance Lawyers had more courses to choose from this reporting year than ever before, both within and outside New Hampshire. Programs from more than 900 CLE providers were approved for credit, including a growing number of pre-approved programs offered over the Internet. The Board presumptively approved all the CLE courses of 70 organizations designated as Annual Sponsors. The list of these organizations is available at any time on the Web site and is printed quarterly in NH Bar News. As of Aug. 1, 2001 the status of 2001 Certificate of Compliance filings as compared to the previous five years was as follows: In the final phase of compliance for 2001, the names of 46 lawyers were sent to the Supreme Court for suspension on Jan. 22, 2002. Of those, 31 lawyers filed and paid the late fee of $425, one was exempted from compliance and 14 were suspended from practice, an all-time high for a single year. Conclusion The NHMCLE Board continues to review options to create reliable funding sources and to upgrade the program's operational capabilities. The recommendations from the Decade Review Committee's review of the survey responses will play a major role in determining the future direction of Rule 53. Unexpected fee income has lessened the urgency to address program funding, but this issue will be part of the final recommendations from the Committee. The Certificate of Compliance booklet for the reporting year ending June 30, 2003 will again be available in Continuing Legal Education - NHMCLE Information and be distributed with the NHBA dues invoices in June. The availability of this material and information concerning CLE courses on demand will both assist lawyers and help maintain our outstanding compliance record. Full text of the NHMCLE Fiscal Year 2002 Annual Report, including appendices not included with this copy, can be found in Continuing Legal Education - NHMCLE Information.
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