IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE

Petition to Amend Supreme Court Rule 21
To Provide for the Permanent Acceptance of Distance Learning Activities
As Part of Tennessee Mandatory Continuing Legal Education Program

The Tennessee Commission on Continuing Legal Education and Specialization (the "Commission") hereby petitions the Supreme Court of Tennessee to amend Supreme Court Rule 21 , the Rule for Mandatory Continuing Legal Education, to provide for the permanent acceptance of distance learning activities as part of Tennessee's MCLE program.

In support of this Petition, the Commission attaches hereto, as Exhibit A, a copy of the report, "e-CLE: Tennessee Attorneys Have Tried It and They Like It ". This report, prepared by the Commission's Executive Director, reports on the Commission's experience with a three-year trial of distance learning programs.

The Commission recommends that Rule 21 be amended by adding the following new section 4.08, and by amending Section 5.01 (f) and (g) as follows:

  1. A maximum of six (6) hours of credit per year earned in a distance learning format approved by the Commission pursuant to section 5.01(f) may be applied to the annual requirements.
  2. (f) The activity must be conducted in a comfortable physical setting, which is conducive to learning., or in a distance learning format approved by the Commission.
  3. (g) Approval may be given for activities where electronically recorded or reproduced material is used only if an approved instructor is available to comment and answer questions. No activity consisting solely of the viewing or hearing of pre-recorded material may be awarded credit.

In view of the rapid rate of development in distance learning formats, especially on the internet, the Commission will continue to define approved distance learning formats in its Regulations. Currently, those regulations provide for approval of:

    1. on-line seminars, whether using a "bulletin-board", "programmed instruction" or "web-tour" format, accredited for actual time spent to a maximum of one (1) hour of credit per activity, and including completion certification from the sponsor,
    2. telephonic seminars both of the audio-only satellite location and the "conference call" format, accredited pursuant to section 3A.1 above, and
    3. interactive computer-based programs which include participation monitoring with a testing component and completion certification from the sponsor, accredited for actual time spent to a maximum of one (1) hour of credit per activity.

Commission Regulations, 5B.2.

Wherefore , the Commission petitions this Court for an Order amending Rule 21 as set forth above.

Respectfully submitted,

_________________________________

/s/ Lawrence R. Ahern, III, Esq.

Chairperson

Certificate of Service

I certify that a photocopy of this Petition and Exhibit A were mailed, first class postage paid, to the attached list of Bar Associations and was posted on the Commission's web site, www.cletn.com, this 26th day of October, 1999, and that information concerning the filing of this Petition and its availability on the Commission's web site will be contained in the Fall 1999 Requirements to be mailed to all Tennessee attorneys by November 1, 1999.

_________________________________

/s/ David N. Shearon, Esq.

Executive Director