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NJSBA requests Court require continuing legal education on diversity, inclusion and elimination of bias

The New Jersey State Bar Association (NJSBA) has asked the New Jersey Supreme Court to amend mandatory continuing legal education (CLE) requirements for attorneys to include programs on diversity, inclusion and the elimination of bias.

In a letter sent July 10 to Chief Justice Stuart Rabner, NJSBA President Kimberly A. Yonta wrote, "the murder of George Floyd and other unarmed African Americans, paired with the devastating disparate impact the COVID-19 pandemic has had on communities of color, has left us all in search of ways to combat persistent racism in our society."

While there are no easy solutions, Yonta wrote, "any solution must include the element of education."

To that end, the NJSBA asked the Court to amend Rule 1:42, and specifically proposed:

  • New Jersey require two credit hours of CLE dedicated to education on issues of diversity, inclusion and the elimination of bias in each two-year cycle
  • One of those two credit hours be eligible to be applied to satisfy the current requirement for four ethics credits in each cycle
  • The two diversity, inclusion and elimination of bias credit hours be incorporated in the current mandate for 24 credits to be completed in each two-year cycle

Yonta noted several states have adopted a CLE on diversity, inclusion and the elimination of bias, and recommended New Jersey adopt a requirement similar to the one in New York. The NJSBA has been in favor of a diversity, inclusion and elimination of bias requirement since 2016, when the American Bar Association's (ABA) Diversity and Inclusion 360 Commission—created by former ABA president and New Jersey attorney Paulette Brown—recommended diversity and inclusion be made a separate CLE requirement, without increasing the total number of mandatory hours required.

"Changing the CLE requirements is a concrete action that will ensure that officers of the court have the cultural competency that reinforces public confidence in our legal system. It will also send a message that the legal profession and the courts are serious about taking steps to effect lasting change," Yonta wrote.

To read the letter, go to njsba.com.