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7/25/2025: UPDATE
As you know, both MALA and the Section have been closely monitoring this important issue. Montana’s CLE requirements continue to be under review following the MCLE Commission’s decision to deny attorneys CLE credit for teaching and attending paralegal-sponsored events. Last year, after an appeal of the Commission’s decision, the Montana Supreme Court proposed amendments aimed at broadening credit eligibility and invited public comment through July 1, 2025.
On June 6, 2025, the MCLE Commission submitted a counterproposal, citing administrative concerns with the Court’s version. Their revision to Rule 9.A.2.e allows attorneys to earn CLE credit for teaching and preparing materials for approved activities—including those involving judges (including non-attorney judges), supervised paralegals, and legal paraprofessionals. The Commission’s filing states its proposal as:
1. Amending Rule 8.B.2 as outlined in their submission.
2. Narrowing the scope from “other professionals involved in the administration of the justice system” to “legal paraprofessionals practicing in association with a qualified provider of legal services in Montana as defined in Article I, Section 3(g)(5) of the State Bar of Montana Bylaws.”
3. Limiting credit for teaching judges, paralegals, and paraprofessionals to five “Other Methods” credit hours annually, consistent with existing limits on teaching attorneys under Rule 9.
This approach partially expands CLE eligibility by granting credit to attorneys who teach such programs but continues to exclude credit for attorneys attending those seminars.
On July 1, 2025, the State Bar of Montana formally endorsed the Commission’s proposal. Executive Director John Mudd emphasized the vital role paraprofessionals and certain nonlawyers (including some judicial officers) play in legal service delivery. He noted:
“Training these nonlawyers is essential to the protection of the public... That training, by its very nature, enhances the competence of lawyers, who must first stay current with the law in order to teach the same.”
Mudd also highlighted that Montana’s ethical rules require attorneys to supervise and train nonlawyer assistants and pointed to upcoming developments such as the proposed “civil justice worker” program, which will increase the need for lawyer-led training and CLE adaptability.
While the Commission’s revised rule still excludes CLE credit for attorneys attending these programs, it is widely regarded as a meaningful step forward. The Montana Supreme Court’s final decision on this matter is currently pending.
We will continue to closely monitor developments and keep you informed of any significant updates.
9/25/2024: UPDATE
The highly anticipated Court decision regarding the Rule amendment has been postponed.
The newest deadline to submit comment is July 1, 2025.
2024.9.24 Stay Proceeding -- Order.pdf
2024.09.23 Joint Request for to Hold Rulemaking in Abeyance.pdf
7/23/2024: UPDATE
Pursuant to the Montana Supreme Court Order dated July 15, 2024, all public comments concerning the proposed amendments to MCLE Rule 8 shall now be filed on or before September 25, 2024.
MCLE Rule Change Extension.pdf
6/25/2024: BREAKING NEWS!
As you may be aware, the attorney appeal regarding the MCLE’s decision to no longer grant attorneys credit for teaching or attending paralegal-sponsored conferences was upheld by the Commission during last week’s appeal hearing. The Commission has interpreted these rules to restrict approved activities to programs in which the participants are exclusively or primarily licensed attorneys.
This decision, however, has prompted the Montana Supreme Court to propose amendments to these rules. Chief Justice Mike McGrath has issued an Order inviting all members of the bench and bar of Montana, and any other interested party, to submit comments and suggestions regarding the proposed revisions. We have included a copy of that Order below for your review. The proposed amendment reads:
Rule 8 — Credit Hours and Accreditation Standards
B. Accreditation and Accreditation Standards - General.
The Commission may approve CLE activities when consistent with these Rules. The following standards govern the approval of a CLE activity:
1. It shall have significant legal content or application;
2. Its primary objective shall be to increase professional competence as a of lawyers, judges, paralegals under the supervision of a lawyer, and other professionals involved in the administration of the justice system;
This is huge! We strongly encourage all of you to participate by submitting your comments supporting the proposed rule changes. Your input is crucial in shaping these amendments, which will impact the legal education requirements in our state. We kindly request that you discuss this matter with the attorneys you work with and urge them to also support these proposed rule changes.
Please note the deadline for submitting comments is 30 days from the date of the Order, which calculates to July 25, 2024. This is a significant opportunity for our community to influence positive changes in our legal education standards.
Thank you for your attention to this matter, and we look forward to your active participation in this important process.
2024.6.25 ORDER MCLE Rule 8.pdf