RULE ON MANDATORY CONTINUING LEGAL EDUCATION Rule 208.7. Reporting Procedure; Sanctions

• Jurisdiction: United States

Rule 208.7. Reporting Procedure; Sanctions

(A) Burden of Proof. The burden of proving compliance with this Rule 208, including ascertaining whether or not a particular program or activity qualifies for MCLE credit, shall at all times remain on the lawyer.

(B) Reporting Requirement. All lawyers, other than those who are automatically fully-exempt from the MCLE requirement under Rule 208.3(B)(1) or who have successfully petitioned for a full-exemption pursuant to Rule 208.3(B)(3), shall file with the Virgin Islands Bar Association proof of their compliance with this Rule. Lawyers shall be divided into two reporting groups, so that Reporting Group 1 and Reporting Group 2 file proof of compliance in alternating years. The Virgin Islands Bar Association shall enact regulations governing the procedure for filing such reports.

(C) Reporting Deadline. Lawyers required to file proof of compliance with the Virgin Islands Bar Association must do so no later than one month after the conclusion of their reporting period. A lawyer may petition the Bar Association for an extension of time pursuant to regulations adopted by the Bar Association for such purpose, which may include assessment of a filing fee. If the Bar Association has denied the petition, the lawyer may file a petition with the Supreme Court of the Virgin Islands, which shall be accompanied by a $105.00 filing fee payable to the Clerk of the Supreme Court. The filing of a petition for extension of time with either the Bar Association or the Supreme Court shall not toll any other deadlines under this Rule until and unless the petition is granted, in which case the order shall specify to what extent such deadlines have been extended.

(D) Sanctions for Non-Compliance.

(1) Audit. No earlier than one month and no later than six months following the reporting deadline, the Virgin Islands Bar Association shall conduct a full audit of all lawyers to determine compliance with the Rule.
(2) Notice of Delinquency.

(a) Service. The Virgin Islands Bar Association shall serve a Notice of Delinquency to each lawyer found to have violated this Rule for the pertinent reporting period. The Notice shall be served electronically on the e-mail addresses provided on the Annual Registration Statement filed in accordance with Supreme Court Rule 203(e) or, if the lawyer does not have an e-mail address, on any home or business address provided on the statement. If a lawyer has failed to file an Annual Registration Statement, or cannot be found at the addresses provided, the Bar Association shall serve the notice on the Office of Disciplinary Counsel, which shall make its best efforts to locate and serve the lawyer.
(b) Contents. The Notice of Delinquency shall include a statement outlining the reasons the Bar Association has determined that the lawyer has failed to comply with this Rule and directing the lawyer to either file an answer setting forth the reasons why the lawyer believes he or she is in compliance, or to cure the defects within 90 days. The filing of the answer shall not toll the 90-day period for lawyer to cure the defects.
(c) Failure to Answer. A lawyer who fails to timely file an answer to the Notice of Delinquency within this 30-day period is deemed to have conceded all the facts set forth in the Notice of Delinquency, and the Bar Association may at any time thereafter file a Notice of Non-Compliance with the Court. A lawyer who failed to timely file an answer may not appeal the Notice of Delinquency to the Supreme Court, and may not challenge the Bar Association's finding of delinquency on any grounds other than a failure to serve the Notice of Delinquency on the lawyer at the e-mail address provided in the lawyer's most recent Annual Registration Statement.
(d) Consideration of Answer; Appeal to Supreme Court. After receiving an answer to a Notice of Delinquency, the Bar Association may:

(1) hold that the lawyer had in fact fully complied with all provisions of this Rule 208, in which case it shall vacate the Notice of Delinquency;
(2) uphold its initial finding of delinquency, in which case it shall promptly file a Notice of Non-Compliance with the Supreme Court; or
(3) if the lawyer has shown compelling or mitigating circumstances for the delinquency, permit the attorney to cure the delinquency in full within thirty (30) days, and pay a $300.00 delinquency fee.

If the Bar Association fails to take any action on the answer within fourteen (14) days, it shall be deemed to have upheld its initial finding of delinquency.
(e) Notice of Non-Compliance; Suspension. If the lawyer fails to timely prove his compliance with this Rule or, if permitted to do so under Rule 208.7(d)(3), to timely cure the defects set forth in the Notice of Delinquency, the Virgin Islands Bar Association shall file a Notice of Non-Compliance with the Supreme Court of the Virgin Islands, which shall advise the Court of the nature of lawyer's delinquency, together with any other information necessary to understand the matter. Upon such filing, the Supreme Court shall enter an order automatically suspending the lawyer from the practice of law.
(f) Suspension Not to Affect Licensing Obligations. A suspension under this Rule shall not relieve the attorney of his or her responsibility to pay dues to the Virgin Islands Bar Association, to register and pay the annual assessment fee in accordance with Rule 203(e), or to meet mandatory CLE requirements for future reporting periods.
(g) Reinstatement. A lawyer suspended for violating this Rule may file a petition for reinstatement with the Supreme Court, along with a $105.00 filing fee payable to the Clerk of the Supreme Court, a $500.00 reinstatement fee payable to the Virgin Islands Bar Association, and a $300.00 delinquency fee payable to the Virgin Islands Bar Association. The petition shall be accompanied with sufficient proofs demonstrating that the suspended attorney has earned the credit hours necessary to satisfy the reporting period for which he or she was originally suspended, as well as all subsequent reporting periods that have since concluded.

Amendment History

Effective March 31, 2019, Rule 208 was amended to strike all existing language in its entirety and to replace it with the above language. See S. Ct. Prom. No. 2019-0008 (V.I. Feb. 28, 2019).

FORMER RULE 208 (To Govern the 2019 CLE Reporting Period and Earlier)

Continuing professional education of lawyers serves to improve the administration of justice and benefit the public interest. Regular participation in Continuing Legal Education ("CLE") programs will enhance the professional skills of practicing lawyers, afford them periodic opportunities for professional self-evaluation, and improve the quality of legal services rendered to the public. All active members of the United States Virgin Islands shall participate in the requisite number of hours, as set forth in this Rule, of further legal study throughout the period of their active practice of law, and failure to do so shall result in their suspension from membership in the Virgin Islands' Bar.

(a) Appointment of the Virgin Islands Bar Association for the Administration of this Rule.

(1) The Supreme Court of the United States Virgin Islands hereby appoints the Virgin Islands Bar Association to administer these Rules. The Virgin Islands Bar Association shall create a Continuing Legal Education and Admissions Committee (the "CLE Committee") which shall be charged with the responsibility for implementation and administration of these rules.
(2) The CLE Committee shall have the following duties:

(A) Accept the certification forms to be filed annually by each active member of the Virgin Islands Bar. A certification form can be found at Appendix 1 to Rule 208.
(B) Conduct a compliance audit during the month following the end of each reporting period.
(C) Review and approve CLE courses and activities.
(D) Report at least annually to the Supreme Court of the Virgin

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