Maryland delays mandatory CLE decision to spring 2026

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The Maryland Supreme Court is tabling consideration of a mandatory continuing legal education requirement in the state until spring 2026, the high court announced in a notice this week.

The announcement comes after the high court narrowly voted in December of last year to continue considering whether to adopt a mandatory CLE requirement for Maryland attorneys. The justices also voted to consider, as an alternative to mandatory CLE, whether to adopt a mandatory reporting requirement of voluntary CLE.

The proposed move to mandatory CLE has been backed by many of Maryland’s legal organizations, but solo practitioners and small firms have raised opposition to a required CLE.

While supporters of the proposed requirement noted that CLE keeps lawyers aware of current issues and may even increase pro bono involvement, those who oppose a mandate cited economic burdens and time constraints, deeming the change unnecessary.

A work group commissioned by the Maryland Supreme Court recommended in a June 2023 report that Maryland lawyers complete at least 12 hours of CLE each year, including at least one hour each of CLE pertaining to ethics and professional responsibility; diversity, equity and inclusion; and mental health and substance abuse.

During a December 2023 virtual forum held by the high court with a dozen members of the public giving input on the proposed requirement, several attorneys took issue with the proposed one-hour requirement dedicated to diversity, equity and inclusion education, arguing DEI divides people and treats people differently based on inherent characteristics.

According to the American Bar Association, 46 other states require some form of mandatory CLE, including several close to Maryland, including New Jersey, Pennsylvania, Virginia and West Virginia. Maryland, Massachusetts, Michigan, South Dakota and Washington, D.C. are the only jurisdictions to not have some form of mandatory CLE, according to the ABA’s website.

The work group’s 2023 report cited the ABA’s role in shaping trends and standards in the legal profession, noting the ABA’s recommendation in 1881 for “a national uniform type of academic training for lawyers which would take place in a three-year university course.” The report also cited the national growth of CLE.

Maryland’s seven justices, much like the state’s attorneys, have a history of being split on the issue.

In March 2024, the Maryland Supreme Court decided, in a 4-3 vote, to continue conversations regarding the adoption of mandatory CLE in Maryland.