Amendments to the Rules of the Supreme Court Relating to Admissions to the Bar

712 So. 2d 766, 23 Fla. L. Weekly Supp. 295, 1998 Fla. LEXIS 1040, 1998 WL 289382
CourtSupreme Court of Florida
DecidedJune 4, 1998
DocketNo. 91713
StatusPublished
Cited by2 cases

This text of 712 So. 2d 766 (Amendments to the Rules of the Supreme Court Relating to Admissions to the Bar) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Amendments to the Rules of the Supreme Court Relating to Admissions to the Bar, 712 So. 2d 766, 23 Fla. L. Weekly Supp. 295, 1998 Fla. LEXIS 1040, 1998 WL 289382 (Fla. 1998).

Opinion

PER CURIAM.

The Florida Board of Bar Examiners (the Board) petitions this Court to amend or adopt Rules Relating to Admissions to the Bar. We have jurisdiction. Art. V, § 15, Fla. Const.

The Board has petitioned to amend or create these rules: rule 1-63.6 (codifying the Board’s current practice of divulging certain information to third parties during a background investigation); rule 1-63.9 (codifying the Board’s current practice of making public the names of applicants who have been approved for admission); rule 2-13.1 and rule 3-22.7 (requiring a public formal hearing in readmission proceedings for attorneys who have been disbarred or who resigned pending disciplinary charges); rule 2-26.3 (increasing fee for registrants who convert their application more than five years after original registration); rule 3-14.3 (reducing defective filing fee); rule 3-14.6 (reducing the number of days for a registrant to respond to an inquiry from the Board from 120 to 90 days); rule 3-23.2 (adding provisions regarding an applicant’s procedural due process rights at a formal hearing and the level of proof arising from determinations and judgments of guilt for criminal offenses); rule 3-23.7 (requiring that disbarred attorneys or attorneys who have resigned pending disciplinary proceedings be readmitted only by public order of the Supreme Court, notwithstanding a favorable recommendation by the Board); rule 4-13 (allowing law students to sit for the Multistate Professional Responsibility Examination (MPRE)); rule 4-33.2 (raising the passing score on the MPRE); and miscellaneous housekeeping amendments.1

The proposed amendments were published in The Florida Bar News on December 1, 1997, with an invitation for comments. Comments were submitted as to the amendments to rule 2-13.1, requiring a public formal hearing in readmission proceedings for attorneys who have been disbarred or who resigned pending disciplinary proceedings, rule 4-13, allowing law students to sit for the MPRE, and rule 4-33.2, raising the passing score on that exam.

After consideration of the Board’s petition and the comments received as to the amendment to rule 2-13.1, we agree with the Board’s rationale and adopt that amendment [767]*767as proposed.2 We also adopt, in modified form, the amendment to rule 4-33.2.3 However, we decline to adopt the amendment to rule 4-13 at this time. The Florida Supreme Court Commission on Professionalism is currently studying the issue of allowing law students to sit for the MPRE and plans to make a recommendation in regard thereto in the near future.

As for the remaining proposed amendments and rules, we find that the Board’s rationale is. sound and, therefore, adopt them as reflected in the appendix to this opinion. The new language is indicated by underscoring; deletions are indicated by strike-through type. These rules shall take effect upon the release of this opinion.

It is so ordered.

KOGAN, C.J., and OVERTON, SHAW, HARDING, WELLS, ANSTEAD and PARIENTE, JJ., concur.

APPENDIX

1-63.8 Third Parties. The Board may divulge the following information to all sources contacted during the background investigation:

name
former names
date of birth
current address
Social Security number.

1-63.9 List of Candidates. Following the Board’s recommendation under Rule 5-10 and the Court’s approval for an applicant’s admission to The Florida Bar, such applicant’s name and mailing address shall be public information.

2-11.1 Educational Qualification. To be admitted into the Florida Bar Examination and ultimately recommended for admission to The Florida Bar, an applicant must have received the degree of Bachelor of Laws or Doctor of Jurisprudence from an accredited law school (as defined in 4-13.2) at a time when the law school was accredited or within 12 months of accreditation or be found educationally qualified by the Board under the alternative method of educational qualification. Except as provided in Rule 2-11.2, none of the following shall be substituted for the required degree from an accredited law school:

(a) private study, correspondence school or law office training;
(b) age or experience;
(c) waived or lowered standards of legal training for particular persons or groups.

2-11.3 — Unacceptable Educational Substitutes. None of the following shall be substituted for law school-training:

(a) private study,- correspondence school or law office training;
(b) age or experience;
(c) waived' or lowered- -standards of legal training for particular persons or groups.

2-13.1 Disbarred or Resigned Pending Disciplinary Proceedings. A person who has been disbarred from the practice of law or has resigned pending disciplinary proceedings shall not be eligible to apply for a period of 5 years from the date of disbarment or 3 years from the date of resignation or such longer period as is set for readmission by the jurisdictional authority.

Once eligibility has been' established and following completion of the Board’s' background investigation, such person shall be required to appear for a formal hearing that is open to the public as provided by Rule 3-22.7.

2-26.3 Registrant Converter Fee. Applicants who registered with the Board as law students and who have not been admitted to the bar in any jurisdiction for a period in excess of 12 months excluding time spent in military service of the United States shall file with the initial application (Form 1-A or Form 2) the fee.of ■ $375.00applicable fee.

(a) Less than 5 years. If filed within 5 years of the filing date of the original appli[768]*768cation Sled under registrant status, a fee of $375 is applicable.
(b) More than 5 years. If filed more than 5 years since the filing of the original application filed under registrant status, registrant status is void and the full application fee of $875 (less registrant fee previously paid) is applicable as set forth in Rule 2-26.2.

2-29 Stale File Fee. Applicants whose Bar Application has been on file for more than 3 years shall be required to file a new Bar Application answering each item for the period of time from the filing date of the last application filed to the date of the filing of the new application including submitting current references, a fingerprint card, and the applicable fee.

(a) If within 5 Years. If filed within 5 years of the filing date of the last application filed, a fee of $425.00 is applicable.

(b) If more than 5 Years. If filed more than 5 years after the filing date of the last application filed, the full application fee under 2-26.32 or 2-26.54 above is applicable.

3-14.3 Defective Applications. A bar application initially filed in a defective condition, e.g., without notarization, without supporting documents, or having blank or incomplete items on the application may delay the initiation or the processing of the background investigation.

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712 So. 2d 766, 23 Fla. L. Weekly Supp. 295, 1998 Fla. LEXIS 1040, 1998 WL 289382, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amendments-to-the-rules-of-the-supreme-court-relating-to-admissions-to-the-fla-1998.