Do CLE requirements differ for part-time vs full-time attorneys 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.

Delaware attorneys are required to complete 24 CLE credit hours every two years, including 4 hours in ethics.

The CLE cycle is aligned with the attorney’s admission year (even-year admittees end compliance December 31 of even years, odd-year admittees end December 31 of odd years).

Details

• Live requirement: At least 12 of the 24 hours must be live/in-person CLE.
• Carryover: Up to 20 excess credits may be carried over to the next cycle (but enhanced ethics credits may not carry over).
• Enhanced ethics: 4 of the required hours must qualify as “enhanced ethics” under the Delaware rules.
• Reporting: Credits must be completed by December 31 of the compliance year; certification and related reporting follows via DESCLMS.
• Newly admitted attorneys: Their CLE requirement is prorated based on admission date; they also must complete Delaware’s “Fundamentals” courses within their first four years.

Key Takeaway: Delaware attorneys must complete 24 credits every two years, with 4 in enhanced ethics, at least half live, and may carry over up to 20 credits (excluding ethics).

Delaware’s CLE rules allow attorneys to cure CLE noncompliance after the December 31 reporting deadline through a formal delinquency procedure. The Commission on Continuing Legal Education issues deficiency notices and assesses fees, and if the deficiency remains uncorrected, suspension proceedings may follow. The exact timeframe to cure may vary depending on the reporting group or administrative schedule.

Delaware CLE Deadlines and Delinquency Procedures

• Compliance deadline: Attorneys must complete all required CLE credits by December 31 of their assigned reporting year.
• Certification filing: The transcript or compliance confirmation must typically be submitted by February 1 of the following year.
• Delinquency process: Attorneys who fail to meet the CLE requirement are notified by the Commission and given a limited period to cure the deficiency.
• Fees and suspension: Continued noncompliance results in a delinquency fee and, if unresolved, administrative suspension until the deficiency is corrected and fees are paid.
• Variable cure period: The Delaware Supreme Court and CLE Commission set cure and suspension timelines administratively; these may differ slightly across compliance groups or years.

Key Takeaway

Delaware attorneys who miss the December 31 CLE completion deadline may cure deficiencies during a Commission-specified delinquency period, but failure to comply after notice and fee assessment can lead to suspension. The precise cure deadline varies by administrative policy rather than a fixed statutory date.

Yes — Delaware requires attorneys to complete at least 12 hours of CLE in a “live” in-person format within each two-year compliance period.

Of the 24 total CLE hours required every two years, 12 must be earned through live, in-person instruction; the remaining may be completed via online or recorded formats.

Details

• Delaware’s CLE rules specify that credit for “live” courses must be in person, with real attendance by lawyers from different organizations.
• The Delaware State Bar Association affirms that “12 hours must be taken Live CLE during a two-year compliance reporting period.”
• The requirement is part of the amended CLE rules which also reduce or eliminate make-up plans and enforce graduated penalties for noncompliance.
• Providers seeking accreditation must present courses “in a setting physically suitable to the educational activity.”

Key Takeaway

Delaware mandates a minimum in-person live credit requirement — attorneys must complete 12 of their 24 biennial CLE hours via in-person instruction.

No — Delaware does not impose a separate CLE requirement exclusively for judges; judges (judicial officers) are subject to the same CLE rules as other attorneys.

Delaware’s CLE rules define “Attorney” to exclude judicial officers, but also explicitly allow judicial officers to “comply with the educational requirements” set for attorneys under the same rule.

Under those rules, all attorneys must complete 24 approved CLE credit hours every two years (of which at least 4 must be in ethics and at least 12 must be live).

Key Takeaway: Delaware requires judges to meet the same 24-credit, biennial CLE standard as other attorneys; there is no distinct judicial CLE regime.

No — Delaware requires a portion of CLE to be “live,” which includes in-person formats; live webcast alone is not sufficient to meet the full live-credit requirement. Under Delaware’s CLE rules, at least 12 of the 24 credits in each two-year period must be earned via live, in-person courses (or equivalent in-person interactive formats).

Delaware CLE Live-Credit Requirement

• Total requirement: 24 CLE credits every two years
• Live credits required: at least 12 credits must come from in-person, live approved courses
• Ethics requirement: 4 credits in enhanced ethics, which may satisfy part of the live or non-live credits

Other Formats & Limits

• Up to 12 credits per period may be earned via non-live or “eCLE” formats (such as recorded courses, webinars, or distance learning)
• Non-live courses must be approved and may require verification of completion

Key Takeaway: Delaware requires half of CLE credits (12 of 24) to be earned through in-person live courses; live webcast or non-live formats can fill the remaining credits but cannot satisfy the full live requirement.