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Are carryover CLE credits allowed in Delaware?

Yes — Delaware allows carryover of excess CLE credits, but only up to 20 credit hours (as general CLE, not in their original specialized category).

Under Rule 4(A) of the Delaware CLE Rules, attorneys may carry forward “excess CLE credit hours” of up to 20 hours into the next two-year compliance period, though ethics credits carried forward cannot retain their ethics designation.

Details & nuances

  • The Delaware Rules for Continuing Legal Education state: “If an Attorney has earned excess CLE credit hours, up to 20 such hours may be carried forward and applied to the requirement for the next two-year period.” (Rule 4(A))
  • The rule also provides: “Ethics credits may not be carried forward as Ethics credits, but may be carried forward as general CLE credits.”
  • For Senior Attorneys the rule is more restrictive: “If a Senior Attorney has earned excess CLE credit hours, up to 10 such hours may be carried forward … Ethics credits may not be carried forward as Ethics credits, but may be carried forward as general CLE credits.” (Rule 4(C))
  • The Delaware CLE rules refer to a “compliance year” as the year in which the attorney’s December 31 deadline falls.
  • The Delaware CLE rules are published on the courts’ site and the CLE-provider community also reflects this carryover rule (e.g. Delaware CLE Rules page notes 20 carryover).
  • Some CLE vendor sites (not authoritative) incorrectly assert different carryover caps (e.g. “carry over 12 credits”) — those should not override the official rule.

Key Takeaway

Delaware allows you to carry forward up to 20 excess CLE hours into the next two-year period (as general credits), but you cannot carry forward ethics credits in their original ethics category.

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