IN RE: AMENDMENTS TO THE RULES OF THE SUPREME COURT RELATING TO ADMISSIONS TO THE BAR - RULES 1-22.1 AND 1-23.1

Fla. | 2020-02-13
No. SC19-1342
Florida Supreme Court (2020)

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Synopsis

The Florida Supreme Court adopted amendments to Rules 1-22.1 and 1-23.1 governing qualifications for attorney and public members of the Florida Board of Bar Examiners. The amendments clarified membership requirements and removed ambiguous or outdated language regarding board member qualifications.


Holding

The Court adopted the proposed amendments to Rules 1-22.1 and 1-23.1 with minor revisions. Rule 1-22.1 now requires attorney members to be active Florida Bar members during service and for the preceding five years, and to be deemed qualified by the Court. Rule 1-23.1 now requires public members to hold a bachelor's degree and be deemed qualified by the Court, while deleting language emphasizing scientific experience.


Headnotes

[1] The Supreme Court of Florida has the authority to amend the Rules of the Supreme Court Relating to Admissions to the Bar.

[2] Attorney members of the Board of Bar Examiners must be active members of The Florida Bar for at least five years immediately preceding their appointment.

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Key Quotes

“We amend rule 1-22.1 to now require that attorney members of the Board (1) be active members of The Florida Bar while serving on the Board; (2) have been active members in the five years immediately preceding Board service; and (3) be otherwise deemed qualified by the Court to assess whether applicants meet the essential eligibility requirements for admission under the Bar Admission Rules.”

Establishes the three primary qualifications for attorney Board members after amendment

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Facts & Procedural History

The Florida Board of Bar Examiners filed a petition to amend Rules 1-22.1 and 1-23.1 of the Rules of the Supreme Court Relating to Admissions to the B…

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Opinion of the Court

PER CURIAM.

This matter is before the Court for consideration of proposed amendments to the Rules of the Supreme Court Relating to Admissions to the Bar. We have jurisdiction 1 and adopt the amendments, with minor revisions.

BACKGROUND

The Florida Board of Bar Examiners (Board) has filed a petition to amend Rules of the Supreme Court Relating to Admissions to the Bar (Bar Admission Rules) 1-22.1 (Attorney Members; Qualifications) and 1-23.1 (Public Members;

Qualifications). Following the Board’s submission, the Court published the Board’s proposals for comment. No comments were filed with the Court.

1. See art. V, § 15, Fla. Const. We briefly discuss the amendments below.

AMENDMENTS

Rule 1-22.1 of the Rules of the Supreme Court Relating to Admissions to the Bar provides the basic qualifications for attorney Board members. We amend rule 1-22.1 to now require that attorney members of the Board (1) be active members of The Florida Bar while serving on the Board; (2) have been active members in the five years immediately preceding Board service; and (3) be otherwise deemed qualified by the Court to assess whether applicants meet the essential eligibility requirements for admission under the Bar Admission Rules. Ambiguous language regarding the requirements for serving on the Board has been deleted.

Rule 1-23.1 of the Rules of the Supreme Court Relating to Admissions to the Bar provides the basic qualifications for nonattorney public Board members. We amend rule 1-23.1 to require that public members of the Board have an academic bachelor’s degree and otherwise “be deemed qualified by the Court to assess whether applicants for admission to The Florida Bar meet the essential eligibility requirements as provided in these Rules.” Language that suggested an emphasis on scientific experience for Board membership has been deleted.

CONCLUSION

Accordingly, we amend the Rules of the Supreme Court Relating to Admissions to the Bar as reflected in the appendix to this opinion. New language -2-is indicated by underscoring; deletions are indicated by struck-through type. The amendments shall become effective immediately upon release of this opinion.

It is so ordered.

CANADY, C.J., and POLSTON, LABARGA, LAWSON, and MUÑIZ, JJ., concur. THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE

EFFECTIVE DATE OF THESE AMENDMENTS.


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