Amendment to APR 11 Ethics Requirement
The Washington Supreme Court has entered order NO. 25700-A-1349 adopting the MCLE Board’s suggested amendment to Admission and Practice Rule (APR) 11, effective Sept. 1, 2022.
The amendment to APR 11 requires, per each three-year reporting period, that each licensed legal professional complete at least one (1) ethics credit in the topic of equity, inclusion, and the mitigation of both implicit and explicit bias in the legal profession and the practice of law.
WSBA is working to develop tracking mechanisms in the MCLE database, and will notify licensed legal professionals and CLE sponsors with more information—including how to apply for and report the new ethics requirement—as soon as it becomes available.
The amendment does not increase the total number of ethics credits required, nor does it prevent legal professionals from earning additional ethics credits on other topics, which also count toward the 45 total required credits. Please see the GR 9 Coversheet for more detailed information about the history of the MCLE Board's suggested amendment.
- On July 24, 2020, a public comment survey requesting feedback regarding the suggested amendment to APR 11 was posted to the WSBA website. The MCLE Board page informed WSBA licensed legal professionals that they may make a public comment at the Aug. 7, 2020, MCLE Board Meeting. The survey closed on Aug. 22, 2020.
- On Sept. 18, 2020, the MCLE Board presented their suggested amendment, report and recommendation, and all public comments collected to the WSBA Board of Governors for their review. The Board of Governors voted to support the MCLE Board’s suggested amendment.
- On Oct. 15, 2020, the MCLE Board submitted the suggested amendment to the Washington Supreme Court.
- On Jan. 8, 2021, the Washington Supreme Court ordered that the suggested amendment be published on the Washington Reports, Washington Register, Washington State Bar Association, and the Administrative Office of the Court's websites in January 2021.
- On July 1, 2021, the Washington Supreme Court entered order 25700-A-1349 approving the MCLE Board's suggested amendment, effective Sept. 1, 2022.
Note: The amendment to APR 11 originates from a proposal presented by the WSBA Diversity Committee—along with Washington Women Lawyers—to the MCLE Board on Oct. 5, 2018. For more information, please see the summary of the previously rejected suggested amendment.
Policies Adopted Regarding the Amendment to APR 11
Pursuant to Washington Supreme Court Admission and Practice Rule (APR) 11 (d)(2)(ii) the MCLE Board notified the Washington Supreme Court and the WSBA Board of Governors of two policies adopted at its Aug. 6, 2021 meeting. The policies are intended to provide guidance in the administration of the newly adopted APR 11 amendment.
MCLE Board Policy: Implementation of New Ethics Credit
MCLE Board Policy: Credit Carryover