Do judges in Delaware have separate CLE requirements?

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 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.

No — Delaware’s CLE rules do not provide different requirements based on part-time versus full-time practice; all active attorneys must meet the same baseline (unless exempt).

Delaware requires 24 CLE credit hours in each two-year compliance period for most attorneys, including at least 4 hours of ethics and at least 12 hours of live credit.

Details:

• Senior attorneys (those with 40 or more years of bar membership) have a reduced 12-hour requirement every two years (with 2 hours in ethics, 6 live) under Rule 4(C).
• Newly admitted attorneys must complete “Fundamentals” courses (7 topics) within their first four years, in addition to meeting the general CLE requirements.
• Attorneys who become active after a period of inactivity must have their obligation prorated based on the date of reinstatement.
• Exemptions exist for retired, inactive, or emeritus status, or attorneys not engaged in practice via affidavit.

Key Takeaway: Delaware’s CLE obligations are uniform with regard to part-time versus full-time status — there is no reduced requirement for “part-time” attorneys (except general senior/status exemptions).

Yes — Delaware permits certain attorneys to be exempt from CLE under specific circumstances, such as retirement certification, inactive status, or serving in elected public office and not practicing law.

Delaware Rules for Continuing Legal Education, Rule 4(F), outlines that attorneys or judicial officers with a retirement certificate, those holding elected public office who certify nonpractice, and inactive members may be exempt.

Details / Exceptions

• Retirement Certificate: Any Attorney or Judicial Officer who has been granted a certificate of retirement under Supreme Court Rule 69(f) is exempt.
• Elected Public Office / Nonpractice: Any Attorney holding an elected public office (State or U.S.) who certifies to the CLE Commission by affidavit that the attorney is not engaged in practicing law may be exempt, if the Commission approves the application.
• Inactive Status: Any Attorney or Judicial Officer who becomes an inactive member of the Bar under Supreme Court Rule 69(d)(i) is exempt.
• Federal Judges: Members of the federal judiciary are exempt.
• Comity Exemption: An attorney whose principal practice is out of state and who is in compliance with mandatory CLE in that jurisdiction is deemed in compliance with Delaware’s CLE rules (so may avoid duplicative requirements) under Rule 4(F)(4).
• Disability / Special Circumstances: An attorney with a disability or special situation making attendance impracticable may request a substitute educational plan from the Commission.
• Even when exempt, attorneys must follow the application / certification process to the CLE Commission.

Key Takeaway
Delaware’s CLE rules provide limited exemptions (retired attorneys, inactive members, nonpracticing elected public officers, federal judges, and comity for out-of-state attorneys), but the attorney must formally certify or apply for the exemption under Rule 4(F).

The CLE reporting deadline in Delaware is February 1 following the compliance period.

Attorneys must complete required CLE credits by December 31 of the compliance year and then submit their transcript or certification by February 1.

Delaware CLE Reporting Rules

• Completion Deadline: December 31 of the final year of the two-year period.
• Reporting Deadline: February 1 of the year after the compliance year.
• Late Filing Penalty: $50 for transcripts filed after February 1.
• Deficiency Plan: Required if credits are incomplete, must be filed by February 1.
• Credit Requirement: 24 hours every two years, including 4 in enhanced ethics.

Sprout Education, as an accredited CLE provider, designs courses that align with Delaware’s MCLE standards and may be reported on your behalf.

Key Takeaway: In Delaware, you must finish CLE by December 31 and submit your transcript or certification by February 1 to stay compliant.

Yes — in Delaware you can request an extension of time to complete CLE or to certify compliance, but only in circumstances the CLE Commission deems “exceptional,” and it’s not an automatic right.

The Delaware CLE Rules state the Commission “may, in its discretion, extend” deadlines for completion or certification when an attorney shows exceptional circumstances that prevented timely compliance.

Detailed Explanation

• Under Rule 5(A) of the Delaware CLE Rules: “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.”
• The default deadlines in Delaware are:
   • Completion by December 31 of the compliance year.
   • Certification (reporting) via the annual registration by February 1 following the compliance year.
• If you miss the deadlines, the process is:
   • The Commission sends a Notice of Noncompliance around January 15 to attorneys who have not completed CLE or not certified. A $150 delinquency fee is assessed.
   • You may cure noncompliance by March 1 by completing the missing credits, submitting proof, and paying the delinquency fee.
   • If not cured by March 1, additional delinquency fees apply, and failure to cure by April 1 and April 15 steps lead to additional fees and administrative suspension.
• The extension mechanism is thus a safety valve, not a guaranteed rule. You must persuade the Commission that your circumstances were exceptional (e.g., serious illness, unavoidable obligations, etc.).
• If the Commission denies your request, you may petition its decision under Rule 11.

Key Takeaway
You can request an extension for complying or certifying CLE in Delaware, but it’s discretionary and reserved for attorneys who show exceptional circumstances preventing timely reporting.