Board of Governors approves law clerk rule changes to expand tutors and allow remote supervision

The Bar Association Board of Governors voted unanimously to approve the Law Clerk Board’s recommended changes to APR 6 and to a related set of program regulations, voting to send the APR 6 amendments to the court for final approval and to adopt the program regulation updates immediately where court approval is not required.

The changes are intended to increase participation in the law clerk program by expanding the pool of eligible tutors and accommodating remote and hybrid workplace arrangements, the Law Clerk Board’s incoming chair, Crystal Casey, told governors during the meeting.

The amendments proposed to APR 6 would: allow a tutor to supervise up to two law clerks at a time (up from one) and reduce the primary tutor experience requirement from 10 of the last 12 years to 8 of the last 12 years. Casey said the expansion committee and Law Clerk Board framed the change as a way to address “attorney deserts,” particularly in rural areas, by enlarging the pool of possible tutors.

During discussion, members raised alternative proposals and concerns. Governor Jordan Couch noted that a separate Bar Licensure Task Force has recommended a different experience standard—7 of the last 10 years—and asked whether the Law Clerk Board had compared that alternative. Kathy Bistek, managing regulatory counsel in the RSD department (filling in for the board liaison), replied that the expansion committee had not discussed the task force’s 7-of-10 recommendation and that the committee chose 8-of-12 as a balance between lowering the experience barrier and ensuring tutors have sufficient recent practice and time to supervise a clerk.

Chief Regulatory Counsel Hinata Garcia observed that the task force proposal did not also propose increasing the number of clerks a tutor could supervise, and framed the Law Clerk Board’s package—8 years plus allowing two clerks—as a potential compromise to expand access while retaining safeguards. Garcia and others said adopting the 8-of-12 standard now would not preclude future amendment to 7-of-10 if later data show that is appropriate.

Several governors expressed reservations about remote supervision and about reducing experience requirements. Member Villeneuve said proximity matters in legal training and noted reservations about remote/hybrid supervision even while voting in favor. Governor Tom Ahern also said he preferred in-person training but said expanding remote options could help address attorney shortages in rural areas. Casey and other Law Clerk Board members said the program will retain a requirement for three hours per week of personal supervision and that the board will develop guidance and interview questions to evaluate whether a remote or hybrid workplace nonetheless provides sufficient personal contact and training opportunities.

The second package—changes to the program regulations that do not require court approval—updates language to accommodate remote and hybrid workplace arrangements, expands textbook selection criteria, and clarifies internal consistency between rules and regulations. The Law Clerk Board asked the Board of Governors to approve those program regulation changes so they can take effect immediately where not contingent on court action.

Votes at a glance - Motion: “Approve the Law Clerk Board suggested amendments to APR 6 and the related regulations as presented.” Mover: Kari Petrasic. Second: not specified in the transcript. Outcome: approved (unanimous). Roll-call yes votes recorded in the meeting: Christina Larry; Todd Bloom; Jordan Couch; Chris Vang; Kari Petrasic; Tom Ahern; Allison Whitney; Mary Rathbone; Carbon Price; Alonville Muth; Kevin Faye; Emily Arneson; Nam Nguyen; Matthew Dresden. Tally: 14 yes, 0 no, 0 abstain. Note: APR 6 amendments will be forwarded to the court for final approval; corresponding program-regulation changes would become effective only if/when the court adopts the rule changes.

- Motion: “Approve the suggested amendments to the program regulations.” Mover: member identified in transcript as Villeneuve (motion recorded). Second: not specified in the transcript. Outcome: approved (unanimous). Roll-call yes votes recorded in the meeting: Christina Larry; Todd Bloom; Jordan Couch; Chris Vang; Kari Petrasic; Tom Ahern; Allison Whitney; Mary Rathbone; Harvin (Carbon) Price; Alain Balmuth; Kevin Faye; Emily Arneson; Nam Nguyen; Matthew Dresden. Tally: 14 yes, 0 no, 0 abstain. Note: these program regulation changes generally become effective upon Board approval except for any provisions contingent on court action.

What the changes mean and next steps The board and presenters framed the package as a way to increase access to the law clerk pathway—particularly in communities with few attorneys—by both enlarging the pool of eligible tutors and allowing tutors to supervise a second clerks. The APR 6 amendments must be submitted to the court for its approval; the board voted to forward them. The program regulation updates that do not require court approval were adopted by the Board of Governors and will take effect immediately where permitted. The Law Clerk Board and regulatory staff said they will monitor outcomes and may revisit experience thresholds (for example, a future change to 7 of the last 10 years) once implementation data are available.

Speakers and where remarks occurred Remarks summarized above were delivered during the Law Clerk Board presentation and the subsequent Board of Governors discussion; the Law Clerk Board presentation included comments from Crystal Casey, Kathy Bistek, and others; regulatory counsel Hinata Garcia and Executive Director Nevin also addressed implementation and policy balance concerns.

The meeting record shows unanimous approval of both packages and the board directed staff to transmit the APR 6 amendments to the court for final action and to implement the program regulation updates where court approval is not required.