Florida Bar re Schwarz

552 So. 2d 1094, 14 Fla. L. Weekly 553, 1989 Fla. LEXIS 1039, 1989 WL 128593
CourtSupreme Court of Florida
DecidedOctober 26, 1989
DocketNo. 70702
StatusPublished
Cited by7 cases

This text of 552 So. 2d 1094 (Florida Bar re Schwarz) 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
Florida Bar re Schwarz, 552 So. 2d 1094, 14 Fla. L. Weekly 553, 1989 Fla. LEXIS 1039, 1989 WL 128593 (Fla. 1989).

Opinions

GRIMES, Justice.

This is a continuation of The Florida Bar re Schwarz, 526 So.2d 56 (Fla.1988), on the issue of what lobbying activities of The Florida Bar are permissible. As a creation of this Court, The Florida Bar is under our supervision and subject to our regulation.

In the original Schwarz opinion, we referred this matter to the Judicial Council for its comments and recommendations. The Council conducted public hear[1095]*1095ings on the subject. In its report, the Council first concluded that The Florida Bar could constitutionally engage in activities directed toward the administration of justice and the advancement of the science of jurisprudence. The report then stated:

The integrated bar offers specialized skills, training, education, and experience with which to serve in an advisory function to the various branches of state government. The Council submits that the advice of the Bar is important to the legislature’s deliberations within areas pertaining to the administration of justice. These issues may frequently be technical and complex and have effects not otherwise contemplated by the legislation. It appears that the Bar has an obligation, grounded upon the mandate of the integration rule setting forth the Bar’s very purpose for existence, to speak out on appropriate issues concerning the courts and the administration of justice and advise the legislative and executive branches of government of its collective wisdom with respect to these matters. To prohibit such communication would work a grave disservice to the people of this state and would infringe upon the free speech of the great majority of the state’s attorneys. The Florida Bar has a reputation of pursuing improvements in the administration of justice and science of jurisprudence. The relative weight to be accorded these compelling interests appears to be of such great importance as to fully justify the relatively insignificant intrusion occasionally experienced by dissenting members of the Bar.

Judicial Council of Florida, Special Report to the Florida Supreme Court on Legislative Activities of The Florida Bar 6-7 (Dec. 1988) (on file with the Florida Supreme Court) [hereinafter Special Report on Legislative Activities]. In seeking to define the administration of justice and the advancement of the science of jurisprudence, the Council recommended that the following subject areas be recognized as clearly justifying legislative activities by the Bar:

(1)Questions concerning the regulation and discipline of attorneys;
(2) matters relating to the improvement of the functioning of the courts, judicial efficacy and efficiency;
(3) increasing the availability of legal services to society;
(4) regulation of attorneys’ client trust accounts; and
(5) the education, ethics, competence, integrity and regulation as a body, of the legal profession.

Special Report on Legislative Activities, supra, at 9. The Council also recommended that the following additional criteria be used to determine “the type of proposed legislative initiatives the Bar may become actively involved with when the legislation appears to fall outside of the above specifically identified areas:”

(1) That the issue be recognized as being of great public interest;
(2) that lawyers are especially suited by their training and experience to evaluate and explain the issue; and
(3) the subject matter affects the rights of those likely to come into contact with the judicial system.

Id. at 9-10.

Thereafter, we entertained comments in response to the report and heard oral argument on the subject. Upon consideration, we have concluded that the Council’s recommendations are well taken.

The Florida Bar was integrated by this Court in Petition of Florida State Bar Association, 40 So.2d 902 (Fla.1949). Justice Terrell, writing for the majority, defined the integrated bar “as the process by which every member of the bar is given an opportunity to do his part in performing the public service expected of him, and by which each member is obliged to bear his portion of the responsibility.” Id. at 904. He further stated that integration “provides a fair and equitable method by which every lawyer may participate in and help bear the burden of carrying on the activities of the bar instead of resting that duty on a voluntary association composed of a minority membership.” Id.

As noted by Justice Terrell:

[1096]*1096Bar integration grew from a felt necessity for an organization that could speak for the profession in esse. It is not a compulsory union but a necessary one to secure the composite judgment of the bar on questions involving its duty to the profession and the public....
... The assault on our institutions which the bar is expected to take the leading role in challenging also requires the full manpower of the bar. We do not think bar integration would be worth the candle as a specific for unethical conduct, but as a means of giving the bar a new and enlarged concept of its place in our social and economic pattern....

Id. at 908 (emphasis added).

In 1969 this Court denied a petition seeking to prevent the Board of Governors of The Florida Bar from lobbying for the adoption of the proposed revision of the Florida Constitution. In re Florida Bar Board of Governors Action, 217 So.2d 323 (Fla.1969). In a concurring opinion, Justice Hopping succinctly observed:

Since the inception of The Florida Bar,' the Board of Governors has faced up to its professional responsibility of acting in the spirit of public service and has prepared and advocated adoption by the State Legislature of numerous enactments, including the Mechanics’ Lien Law, the Uniform Commercial Code, the Public Defenders’ Act, the law providing for filing of administrative rules in the Office of the Secretary of State, and major reforms in the substantive law of this State. It has sponsored adoption by the Legislature and the electorate of Florida, several constitutional amendments including the amendment creating the District Courts of Appeal and the Judicial Qualifications Commission. It has consistently advocated in the Legislature various improvements in the judicial system. Some of these matters were directly related to the administration of justice, some were totally unrelated to the administration of justice, and others were "political” in nature, using the word “political” in its broad sense as pertaining to the organization or administration of government.

Id. at 324 (Hopping, J., concurring).

In 1983 this Court denied a petition seeking to amend the integration rules to prevent the Board of Governors from engaging in any political activity on behalf of The Florida Bar. In re Amendment to Integration Rule of The Florida Bar, 439 So.2d 213 (Fla.1983). In reaching our conclusion, we pointed out that:

[Pjetitioners are made cognizant of the fact that any attorney “is still free to voice his own views on any subject in any manner he wishes.

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Related

Liberty Counsel v. Florida Bar Board of Governors
12 So. 3d 183 (Supreme Court of Florida, 2009)
Alper v. the Florida Bar
771 So. 2d 523 (Supreme Court of Florida, 2000)
Florida Bar re Schwarz
708 So. 2d 589 (Supreme Court of Florida, 1998)
Florida Bar re Frankel
581 So. 2d 1294 (Supreme Court of Florida, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
552 So. 2d 1094, 14 Fla. L. Weekly 553, 1989 Fla. LEXIS 1039, 1989 WL 128593, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florida-bar-re-schwarz-fla-1989.