Court: Supreme Court of Arkansas; June 1, 2006; Arkansas; State Supreme Court
Inconsistencies in rules regarding the annual lawyer license fee and attorney practice status have prompted amendments to ensure alignment across various regulations. Effective January 1, 2007, the amendments address discrepancies between terms such as "inactive" and "voluntary inactive" status, which impact license fees and Continuing Legal Education (CLE) requirements.
Key amendments include:
1. **License Fee Structure**: Rule VII. A. of the Rules Governing Admission to the Bar of Arkansas now stipulates that an annual license fee, set by the Court, applies to actively licensed attorneys, payable by March 1 each year. Attorneys who transfer to voluntary inactive status will pay 50% of the active fee.
2. **Inactive Status for CLE**: Rule 2.(D) of the Arkansas Rules for Minimum Continuing Legal Education allows attorneys, excluding sitting judges, to elect inactive status, exempting them from CLE requirements for the reporting period. Returning to active status requires a petition and completion of 36 hours of approved CLE, including 12 hours in a basic skills or bar examination review course.
3. **Regulation Updates**: Regulation 2.02 (1), concerning the reinstatement fee, has been deleted as the process for inactive status will now be governed by the Procedures Regulating Professional Conduct of Attorneys at Law.
4. **Historical Context**: Previous per curiam orders have set the annual license fee, which has been reviewed in various cases over the years.
These changes aim to streamline and clarify the licensing and educational requirements for attorneys in Arkansas.
Attorneys aged 65 or older can qualify for a reduced annual license fee, introduced in 1994, which initially required certification of income not exceeding limits for maximum social security benefits. Starting January 1, 2007, this requirement was modified to allow the reduced fee based on certification that their primary income does not come from practicing law. The fee amount is determined by previous per curiam orders from November 2001 and November 2002.
Additionally, IOLTA compliance, governed by Section 1.15(11) of the Model Rules of Professional Conduct, requires attorneys to sign a compliance statement each year when they pay their fee, with updates made in collaboration with the Arkansas IOLTA program to reflect recent changes.
Each actively licensed attorney must pay an annual license fee set by the court, while those on voluntary inactive status pay 50% of that fee. Payments are due by January 1 and must be completed by March 1 each year, with funds allocated as directed by the Arkansas Supreme Court.
Attorneys may switch to inactive status at any time by filing a petition, exempting them from minimum educational requirements for that reporting period. If an inactive attorney returns to practice, they must pay a reinstatement fee not exceeding $250 and complete 36 hours of continuing legal education, including 12 hours in basic skills or bar exam review courses, within the subsequent reporting period.
