IN RE AMENDMENTS TO RULE OF THE SUPREME COURT RELATING TO ADMISSIONS TO THE BAR 1-22.2

Fla. | 2015-10-22
No. SC15-601
LEWIS, QUINCE, POLSTON, and PERRY, JJ., concur., CANADY, J., concurs in part and dissents in part with an opinion, in which LABARGA, C.J., and PARIENTE, J„ concur.
177 So. 3d 249 Florida Supreme Court (2015)

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Synopsis

The Florida Supreme Court amended Rule 1-22.2 relating to bar admissions to require a joint committee of three Board of Bar Examiners members and three Board of Governors members to recommend attorney appointees to fill vacancies on the Board, replacing the prior system where only the Board of Governors submitted recommendations. This amendment makes the rule consistent with the procedure for public member appointments and leverages the experience of current Board members in the selection process.


Holding

The Court amended Rule 1-22.2 as proposed by the Board of Bar Examiners. The amendment requires a joint committee of three Board members and three Board of Governors members to recommend attorney appointees to fill vacancies on the Board, effective immediately.


Headnotes

[1] The Supreme Court of Florida has jurisdiction to amend rules relating to admissions to the bar.

[2] An amendment to the Rule of the Supreme Court Relating to Admissions to the Bar 1-22.2 requires a joint committee to recommend attorney appointees to the Board of Bar Exa…

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Key Quotes

“The amendment to the rule requires a joint committee composed of three members of the Board and three members of the Board of Governors to recommend attorney appointees to the Court.”

States the substance of the amendment to Rule 1-22.2

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Facts & Procedural History

Rule 1-22.2 previously required The Florida Bar Board of Governors to submit recommendations to the Court for appointees to fill attorney vacancies on…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This matter is before the Court for consideration of an amendment to the Rule of the Supreme Court Relating to Admissions to the Bar 1-22.2 (Attorney Members; Ap*250pointments) proposed by the Florida Board of Bar Examiners (Board). See Fla. Bar Admiss. R. 1-12.1 We have jurisdiction2 and amend the rule as proposed.

Rule 1-22.2- currently requires The Florida Bar Board of Governors to submit recommendations to the Court for appointees to fill attorney vacancies on the Board. The amendment to the rule requires a joint committee composed of three members of the Board and three members of the Board of Governors to recommend attorney appointees to the Court. According to the Board’s petition, the amendment will allow the joint committee to take advantage of the experience of current Board members during the interview and selection process. The amendment also makes rule 1-22.2 consistent with rule 1-23.2 (Public Members; Appointments), which provides for public member appointee recommendations from a joint committee composed of three Board members and three Board of Governors members. By amending rule 1-22.2, the Court does not intend to dictate the internal operating policy and procedure used for selecting attorney nominees to recommend for appointment to the Board.

Accordingly, we amend Rule of the Supreme Court Relating to Admissions to the Bar 1-22.2 as set forth in the appendix to this opinion. New language is indicated by underscoring. The amendments shall become effective immediately upon the release of this opinion. Because the amendments were not published for comment prior to their adoption, interested persons shall have sixty days from the date of this opinion in which to file comments with the Court.3

It is so ordered.

LEWIS, QUINCE, POLSTON, and PERRY, JJ., concur.

CANADY, J., concurs in part and dissents in part with an opinion, in which LABARGA, C.J., and PARIENTE, J„ concur.

*251. CANADY, J.,

concurring in part and dissenting in part.

I concur with establishing the joint committee provided for in the amended rule, but I would expressly provide in the rule that the ultimate authority to nominate the group of three recommended appointees rests with The Florida Bar Board of Governors.

LABARGA, C.J., and PARIENTE, J., concur.

APPENDIX

1-22.2 Appointments. A joint committee composed of 3 members of the board and 3 members of The Florida Bar Board of Governors must submit to the court not less than 90 days before the expiration of the term of any attorney member of the board, or within 90 days of a vacancy, a group of 3 recommended appointees.

Other
. CANADY, J.,

[*251] . CANADY, J.,

concurring in part and dissenting in part.

I concur with establishing the joint committee provided for in the amended rule, but I would expressly provide in the rule that the ultimate authority to nominate the group of three recommended appointees rests with The Florida Bar Board of Governors.

LABARGA, C.J., and PARIENTE, J., concur. APPENDIX

1-22.2 Appointments. A joint committee composed of 3 members of the board and 3 members of The Florida Bar Board of Governors must submit to the court not less than 90 days before the expiration of the term of any attorney member of the board, or within 90 days of a vacancy, a group of 3 recommended appointees.


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