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Introduced Version House Bill 2576 History

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hb2576 intr
H. B. 2576


(By Delegates Kominar, H. White, Browning and Mahan)
[Introduced February 21, 2005; referred to the
Committee on the Judiciary.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-2-1a , relating to providing that members and staff of the Legislature shall receive one quarter of required continuing education for each regular session worked or served; clarifying that certain attorneys are exempt from mandatory continuing education; and specifying crime and criminal penalties.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §30-2-1a
, to read as follows:
ARTICLE 2. ATTORNEYS-AT-LAW.
§30-2-1a. Continuing legal education; applicability; credit for serving as member or employee of the Legislature.

(a) Subject to the following, attorneys licensed to practice in this state shall comply with the rules of the supreme court of appeals with respect to continuing legal or professional education.
(b) Members and employees of the Legislature who are admitted to practice law in this state shall receive twenty-five percent of his or her total mandated credit for each regular session he or she serves or is employed in.
(c) Any person admitted to practice in this state who was a member in good standing of the bar prior to the date that mandatory continuing legal education was imposed is not and may not be subjected to mandatory continuing legal education nor suffer any penalties as a result of not having continuing legal education.
(d) Any person violating the provisions of this section is guilty of a felony involving moral turpitude and, upon conviction thereof, shall be confined in the state correctional facility for no less than five years.

NOTE: The purpose of this bill is to provide that members and staff of the Legislature automatically receive one fourth of the mandated continuing legal education for each regular session he or she works. The bill also clarifies that mandatory continuing education should never have applied to those persons who were already admitted to practice law when the requirement was promulgated.

This section is new; therefore, strike-throughs and underscoring have been omitted.

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