Amendments to Mandatory Continuing Education Rules By Herrick K. Lidstone, Jr.

May 10, 2018 10:41 am Published by

Amendments to Mandatory Continuing Education Rules
The ‘65’ Exemption Becomes the ‘72’ Exemption1

By Herrick K. Lidstone, Jr.

Burns, Figa & Will, P.C.

Greenwood Village, Colorado

Under existing (soon to be repealed) Rule 260.5 of the Colorado Rules of Civil

Procedure, “[a]ny attorney shall be exempt from the minimum educational requirements set

forth in [Rules 260.1 through 260.8] for the years following the year of the attorney’s 65th

birthday.” Herrick turned 65 in September 2014 and has not submitted an affidavit since. In

fact, the Supreme Court’s website will not even permit Herrick to submit an affidavit.

Supreme Court Approval of New CLE Rules

On January 10, 2018, the Court held a public hearing on a slate of proposed CLE

rules, which included deletion of the 65 and over exemption in Rule 260.5 and the repeal of

C.R.C.P. Rule 260 (including Rules 206.1 through 260.8) with C.R.C.P. Rule 250 (including

Rules 250.1 through 250.10). Rule Change 2018(04) making this amendment was adopted by

the Colorado Supreme Court, en banc, on March 15, 2018, and the amendments are effective

July 1, 2018.2

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