For purposes of Neb. Ct. R. §§ 3-401.1 through 3-402.3, the following definitions shall apply:

   (A) Reporting period: The initial reporting period shall begin January 1, 2010. The reporting period shall be an annual period, based on a calendar year, in which attorneys shall complete the required hours of CLE.

   (B) Commission: Nebraska Supreme Court Continuing Legal Education Commission.

   (C) Credit hour: Sixty (60) minutes spent by an attorney in an accredited or approved instructional program designed for CLE. Credit may be claimed for less than one (1) credit hour.

   (D) In-house activity: A CLE program given by, for, or to a select private audience, such as a law firm, corporation, government agency, or governmental entity, not open for admission to other members of the legal community generally. When determining whether a program is in-house activity, the Director shall consider the attendees and programming literature, not the sponsor of the education.

   (E) Active member: An attorney as defined by Neb. Ct. R. § 3-803(B)(1).

   (F) Inactive member: An attorney as defined by Neb. Ct. R. § 3-803(B)(2).

   (G) Program sponsor: Any person or organization presenting or offering to present one or more individual CLE programs.

   (H) Accredited CLE sponsor: A person or organization whose entire CLE program has been accredited pursuant to these rules.

   (I) Faculty member: A person qualified by practical or academic experience to teach or present at a CLE program.

   (J) Professional responsibility: As used herein, professional responsibility includes instruction in the following areas: legal ethics; professionalism; diversity in the legal profession; malpractice prevention; recognizing and addressing substance abuse and mental health issues in the legal profession; wellness; Nebraska Supreme Court Rules Relating to Discipline of Attorneys; ethical standards as they relate directly to law firm management; the benefits and risks associated with relevant technology; information security; the effects of technology on client confidentiality and other ethical issues; and duties of attorneys to the judicial system, public, clients, and other attorneys. In order for a program to qualify for professional responsibility credit, the program must focus on professional responsibility as defined in this rule. Practical instruction on the use of certain technology may be considered for professional responsibility credit if it is directly related to the ethical issues related to technology as defined by this rule.

   (K) In-person credits are CLE credits earned in a setting in which the presenter is physically present with the attendees in the same room or in which video is simultaneously broadcast to an overflow room at a location in which a presenter is in the same room as other attendees.

   (L) Distance-learning credits are CLE credits earned in programs in which the presenter is not physically present in the same room as the attendees, including, but not limited to, archived video or audio programs, presentations made via Zoom, WebEx, or similar videoconferencing platforms, live webcasts, telephone broadcasts, or simultaneous broadcasts, unless the video broadcast is directed to an overflow room at a location in which the presenter is in the same room as other attendees.

§ 3-401.2(C) amended November 16, 2011; § 3-401.2(J) amended June 28, 2017; § 3-401.2(J) amended June 17, 2020; § 3-401.2(K) and (L) amended September 13, 2023.