IN RE PETITION FOR AMENDMENT TO THE INTEGRATION RULE OF THE FLORIDA BAR

Fla. | 1964-04-15
No. 32796
DREW, C. J., and ROBERTS, THORN-AL, O’CONNELL and HOBSON (Ret.), JJ., concur., CALDWELL, J., dissents.
162 So. 2d 902 Florida Supreme Court (1964)

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Synopsis

The Florida Supreme Court considered a petition to exempt active military members from Bar dues but instead amended the Integration Rule to reduce their dues to a maximum of $10 annually. The court reasoned that while full exemption was not in the Bar's best interest, a distinction should be made for those unable to practice law due to military service.


Holding

No, active military members should not be fully exempt from Bar dues. However, a distinction should be made, and their dues should be capped at $10 per annum.


Key Quotes

“We are convinced that under 'existing circumstances it would not be to the best interest of The Florida Bar and its members to exclude those members on active duty from contributing financial support to The Florida Bar.”

Reasoning for denying full exemption from dues.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

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Facts & Procedural History

The Florida Bar received a petition requesting an amendment to its Integration Rule to exempt active members serving in the U.S. armed forces from pay…

The full statement of facts, procedural history, and disposition for this case are member content.

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Pursuant to Article XIII of the Integration Rule of The Florida Bar, 31 F.S.A., we have considered a petition which asks that we amend paragraph 1, Article VIII of the Integration Rule by adding a provision which would exempt,from payment of dues to The Florida Bar any active member thereof while on active duty with any branch of the armed services of the United States.

After hearing oral argument on the petition we have carefully considered the merits of the proposition and its effect upon the economy of The Florida Bar.

We are convinced that under 'existing circumstances it would not be to the best interest of The Florida Bar and its members to exclude those members on active duty from contributing financial support to The Florida Bar. However, we have determined that a distinction may and should reasonably be made in the premises and lesser dues should be required of those who, because of this service to their Country, are not permitted actively to engage in the practice of law.

Therefore, paragraph 1, Article VIII of the Integration Rule is amended by adding thereto the following:

"provided further that dues for active members who are on active duty with any of the Armed Services of the United States shall not be fixed at more than $10.00 per annum. The amount of du'es payable shall be determined by the status of the member on January 1 of each year.”

*903This amendment shall have no effect on dues payable for the year 1964.

It is so ordered.

DREW, C. J., and ROBERTS, THORN-AL, O’CONNELL and HOBSON (Ret.), JJ., concur.

CALDWELL, J., dissents.


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