IN RE: AMENDMENTS TO THE RULES OF THE SUPREME COURT RELATING TO ADMISSIONS TO THE BAR - RULES 3-23.1 AND 4-23.1
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The Florida Supreme Court adopted amendments to two Bar Admission Rules proposed by the Florida Board of Bar Examiners. Rule 3-23.1 was clarified to harmonize procedural terminology and extend deadlines for serving answers to specifications, while Rule 4-23.1 was amended to address the transfer of Multistate Bar Examination scores from jurisdictions outside Florida's control and establish score transfer deadlines.
The Court adopted the Board's proposed amendments as presented. Rule 3-23.1 was amended to replace 'file' with 'serve' throughout and extend the deadline from twenty days to twenty-five days to harmonize with other Bar Admission Rules. Rule 4-23.1 was amended to authorize MBE score transfers from jurisdictions not using the NCBE score reporting service and to establish score transfer deadlines of January 15 for the February bar exam and June 15 for the July bar exam.
[1] The Florida Supreme Court may amend the Rules of the Supreme Court Relating to Admissions to the Bar upon petition from the Florida Board of Bar Examiners.
[2] Failure to serve an answer to specifications within the prescribed deadline constitutes a waiver of the applicant's right to a formal hearing.
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Join FLexlaw to unlock all legal intelligence“Bar Admission Rule 3-23.1 is amended to clarify the Board's procedure in the event an applicant fails to serve an answer to specifications within twenty-five days under Bar Admission Rule 3-23 (Specifications). The amendments harmonize Bar Admission Rule 3-23.1 with the requirements of Bar Admission Rule 3-23 by replacing the word "file" throughout the rule with "serve," and by extending the deadline to "serve" an answer from twenty days to twenty-five days.”
Establishes the purpose and substance of the Rule 3-23.1 amendment—harmonization and clarification of procedural requirements.
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Join FLexlaw to unlock all legal intelligenceThe Florida Board of Bar Examiners petitioned the Court to amend Bar Admission Rules 3-23.1 and 4-23.1. Rule 3-23.1 addresses the failure of an applic…
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PER CURIAM.
Before the Court is the petition of the Florida Board of Bar Examiners (Board) proposing amendments to the Rules of the Supreme Court Relating to Admissions to the Bar (Bar Admission Rules). See Bar Admiss. R. 1-12. We have jurisdiction. See art. V, § 15, Fla. Const. The Board’s petition proposes amending Bar Admission Rule 3-23.1 (Failure to File the Answer) to “harmonize” it with prior amendments to other Bar Admission Rules, and amending Bar Admission Rule 4-23.1 (Transfer of Score) to address issues regarding the transfer of Multistate Bar Examination (MBE) scores.
The proposed amendments were published for comment. The Court received one comment from Attorney Robert Phaneuf. The Board filed a response.
Having considered the amendments proposed by the Board, the comment filed, and the Board’s response, the Court hereby adopts these straightforward amendments as proposed by the Board.
Bar Admission Rule 3-23.1 is amended to clarify the Board’s procedure in the event an applicant fails to serve an answer to specifications within twenty-five days under Bar Admission Rule 3-23 (Specifications). The amendments harmonize Bar Admission Rule 3-23.1 with the requirements of Bar Admission Rule 3-23 by replacing the word “file” throughout the rule with “serve,” and by extending the deadline to “serve” an answer from twenty days to twenty-five days.
Bar Admission Rule 4-23.1 is amended to authorize the transfer of MBE scores from jurisdictions that do not utilize the National Conference of Bar Examiners’ score reporting service. The rule is also amended to include new language establishing a deadline for the transfer of MBE scores of January 15 for the February bar exam, and June 15 for the July bar exam.
Accordingly, the Rules of the Supreme Court Relating to Admissions to the Bar are amended as set forth in the appendix to this opinion. Deletions are indicated by struck-through type, and new language is indicated by underscoring.
The amendments shall become effective immediately upon release of this opinion.
It is so ordered.
CANADY, C.J., and POLSTON, LABARGA, LAWSON, LAGOA, LUCK, and MUÑIZ, JJ., concur. -2-THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE