IN RE AMENDMENTS TO RULES OF THE SUPREME COURT RELATING TO ADMISSIONS TO THE BAR
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The Florida Supreme Court considered a proposed amendment to its bar admissions rules to allow the Florida Board of Bar Examiners to request additional members to handle fluctuating workload. Rather than adopting the Board's proposed amendment to Rule 1-21, the Court created a new Rule 1-21.1 establishing procedures for requesting and appointing additional Board members, but deferred the Board's specific request for appointment.
The Court adopted new Rule 1-21.1 to establish procedures allowing the Board to submit requests for additional members, with such requests and appointee recommendations submitted according to existing appointment procedures, and the term of service determined by existing rules or Court approval. The Court declined to address the Board's specific request for appointment of additional members in this rules proceeding.
[1] A court may adopt a new rule to provide necessary procedures when a proposed amendment to an existing rule is insufficient.
[2] A board may submit a request to the court for additional members when necessary, following established procedures for appointee recommendations.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The Board's general proposal to allow for additional Board members is well justified. However, the Board's proposed rule amendment fails to include procedures for requesting additional members and for appointing specific public or attorney members once the Court approves adding members.”
Establishes the Court's reasoning for rejecting the proposed amendment and creating a new rule instead, focusing on procedural deficiencies.
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Join FLexlaw to unlock all legal intelligenceThe Florida Board of Bar Examiners, which currently consists of 12 attorney members and 3 public members, proposed amending Rule 1-21 to allow it to p…
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This matter is before the Court for consideration of an amendment to Rule of the Supreme Court Relating to Admissions to the Bar 1-21 (Membership) proposed by The Florida Board of Bar Examiners (Board). See Fla. Bar Admiss. R. 1-12.1 After considering the Board’s proposal, rather than amending rule 1-21 as proposed, we adopt new rule 1-21.1 (Additional Members).
Rule 1-21 currently provides that the “Florida Board of Bar Examiners consists of 12 members of The Florida Bar and 3 public members who are not lawyers.” The Board asks the Court to amend rule 1-21 to allow the Board to petition the Court for additional members to serve on the Board, as necessitated by the Board’s fluctuating workload. According to the Board, having the option to request additional members will allow the Board to process applicant files in the most efficient manner possible. The Board recognizes that its workload may vary as the number of applicants fluctuates. Therefore, the *179proposed amendment to rule 1-21 is intended to allow the size of the Board to expand when necessary, while allowing for a reduction to standard membership when the additional members’ terms end, if no replacement for the additional members proves necessary. In the petition seeking to amend the rule, the Board also asks the Court to appoint two additional attorney members and one additional public member.2
The Board’s general proposal to allow for additional Board members is well justified. However, the Board’s proposed rule amendment fails to include procedures for requesting additional members and for appointing specific public or attorney members once the Court approves adding members. The proposed rule amendment also fails to clarify the duration of the terms of the additional members. Therefore, rather than amending rule 1-21 as proposed, we adopt new rule 1-21.1 (Additional Members) to provide the necessary procedures, as follows:
1-21.1 Additional Members. The board may submit to the court a request for additional members to serve, as necessary. The request and appointee recommendations must be submitted in the same manner as appointee recommendations under rules 1-22.2 and 1-23.2. The term of service of a member appointed under this rule will be as provided in rules 1-22.8 and 1-23.3 or as otherwise approved by the court.
We also decline to address the Board’s request for appointment of additional members in this rules case.
Accordingly, we amend the Rules of the Supreme Court Relating to Admissions to the Bar as set forth in the appendix to this opinion. New language is indicated by underscoring. The amendment shall become effective immediately upon the release of this opinion. The Board may submit its request for additional members and appointee recommendations to the Court in accordance with new rule 1-21.1.
It is so ordered.
LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur.
APPENDIX
1-20 Florida Board of Bar Examiners.
1-21 Membership. The Florida Board of Bar Examiners consists of 12 members of The Florida Bar and 3 public members who are not lawyers.
1-21.1 Additional Members. The board may submit to the court a request for additional members to serve, as necessary. The request and appointee recommendations must be submitted in the same manner as appointee recommendations under rules 1-22,2 and 1-23.2. The term of service of a member appointed under this rule will be as provided in rules 1-22.3 and 1-23.3 or as otherwise approved by the court.