Florida Bd. of Bar Examiners in Re Hale

433 So. 2d 969, 44 A.L.R. 4th 901, 1983 Fla. LEXIS 2375
CourtSupreme Court of Florida
DecidedJune 2, 1983
Docket62135
StatusPublished
Cited by38 cases

This text of 433 So. 2d 969 (Florida Bd. of Bar Examiners in Re Hale) 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 Bd. of Bar Examiners in Re Hale, 433 So. 2d 969, 44 A.L.R. 4th 901, 1983 Fla. LEXIS 2375 (Fla. 1983).

Opinion

433 So.2d 969 (1983)

FLORIDA BOARD OF BAR EXAMINERS In re Kevin Charles HALE.

No. 62135.

Supreme Court of Florida.

June 2, 1983.

Donald E. Van Koughnet, Naples, for petitioner.

C. Graham Carothers, Tallahassee, for respondent.

EHRLICH, Justice.

This cause is before the Court on petitioner Kevin Charles Hale's Motion for Rehearing. We have jurisdiction of this bar admissions case pursuant to article V, section 15, Florida Constitution. For the reasons expressed herein, we deny the motion.

Petitioner requested this Court waive Florida Supreme Court Bar Admissions Rule, article III, section 1(b).[1] That rule *970 requires an applicant to the Florida Bar Examination to have graduated with an LL.B or J.D. degree from a law school either approved by the American Bar Association (ABA) or which is a member of the Association of American Law Schools (AALS). Petitioner is a graduate of Dalhousie University Law School, Halifax, Nova Scotia, Canada.

Petitioner filed a prior petition with this Court in Case No. 60,272 for waiver of both sections 1(a) and 1(b) of the Bar Admissions Rule since his undergraduate degree was from Acadia University, Nova Scotia, Canada. Section 1(a) of the Rule[2] requires an applicant to the Florida Bar Examination to have graduated with a bachelor's degree from an accredited university. In the alternative, an applicant can complete a College Level Equivalency Program ("CLEP") or can have his educational credentials evaluated as being equivalent to a bachelor's degree awarded by an accredited institution. This Court denied that petition.[3]

Petitioner then successfully completed a CLEP examination, which was subsequently approved by the Florida Board of Bar Examiners as fulfilling the section 1(a) requirement. Petitioner thereupon filed a petition for waiver of section 1(b) only. This Court denied that petition.[4] Petitioner then filed the instant motion for rehearing.

Petitioner argues that he is in the same position as the petitioner in In re Hass.[5] He states that Hass, a University of London law graduate, had petitioned this Court for waiver of both sections 1(a) and 1(b), which petition was denied; that Hass successfully completed the CLEP alternative for compliance with section 1(a); that Hass then petitioned the Court for waiver of only section 1(b); that the Court denied that petition; but that upon a motion for rehearing, this *971 Court approved Hass's petition. Petitioner argues that he can divine only two alternative reasons for this Court's denial of his petition to waive section 1(b). He believes that either this Court has concluded that his Canadian law degree is not of the quality of Hass's University of London degree or Moore's Cambridge University degree,[6] or that this Court has adopted a policy of no longer granting section 1(b) waivers. Petitioner then stated he was loath to believe that this Court had adopted an across-the-board policy of granting no waivers under section 1(b) of the Rule. However, this Court now, in fact, adopts a policy of no waiver under section 1(b).

In 1955, this Court initiated the requirement that all applicants submitting to the Florida Bar Examination be graduates of ABA-approved law schools or AALS law schools. We did this, in part, "in an effort to provide uniform and measurable standards by which to assess the qualifications of applicants." LaBossiere v. Florida Board of Bar Examiners, 279 So.2d 288, 289 (Fla. 1973). In addition, we very aptly noted that "we were unequipped to make such a determination ourselves because of financial limitations and the press of judicial business." Id.

Over the years, this Court has waived the educational qualifications requirement in only a few instances. Our records indicate that since January 1976, there have been fifty-five petitions from individuals who attended either unaccredited American universities or foreign universities and who desired a waiver of section 1(a) or 1(b) or both. We granted only nine. These nine included a granting on rehearing for a Lewis University College of Law graduate whose school received ABA accreditation on the date of this Court's first decision denying the petition;[7] a University of Baltimore graduate who graduated while that school was still unaccredited but who was barred from complying with the work-product alternative because his employment had been with the Internal Revenue Service and that agency's files were confidential;[8] a sitting Florida county court judge who wished to submit a work product in lieu of the law school requirement;[9] two Cambridge University graduates;[10] a graduate of the University of London;[11] a University of Windsor[12] and a McGill University graduate;[13] and a graduate of Agra University in India.[14]

In each of these exceptional situations, this Court deliberatively decided that the exigencies of these particular cases merited waiver of the appropriate rule. Disappointed petitioners, however, have questioned our discretion in granting the above waivers while not granting their petitions. We have hesitantly come to the conclusion that a seeming ad-hoc approach in the granting of waivers bears within it the appearance of discrimination and this we do not and did not intend.

Three courses of action present themselves to this Court at this juncture. First, we could continue to evaluate non-accredited education on a case-by-case basis in order to determine substantial equivalence to a J.D. degree from an accredited law school. This approach is extremely difficult and would require an inordinate amount of *972 money as well as our judicial time. For example, it appears to us that the Canadian legal education system, from a practical standpoint, is quite similar to ours vis-a-vis undergraduate education, the tradition of the common law, the textbooks used and the quality of the faculty. Parenthetically then, while a British legal education from Oxford or Cambridge may justifiably be viewed as excellent, it may not be as substantially equivalent to an approved legal education as one from Windsor or McGill. The difficulties in evaluating these various parameters are readily apparent.

A second course of action could be to accept a graduate degree in law from an ABA-approved law school in lieu of the accredited first degree in law. This likewise is unsatisfactory. A Master's degree (LL.M.) usually involves only a one-year program of combined course work and research; a Doctorate of Juridical Sciences (S.J.D.) is a graduate academic research degree revolving around advanced publishable work; and a Master's in Comparative Law (M.C.L.) is primarily for foreign-educated lawyers. None of the three degrees, in our opinion, is based upon the core of courses we deem as minimally necessary to be a properly-trained attorney.

A third course of action, and the one that this Court is reaffirming at this time, is to hold to the present standard requiring a J.D. or LL.B. degree from an ABA-approved law school or AALS law school. We thus reassert the continued validity of section 1(b) of the Rule.

This Court will no longer favorably consider petitions for waiver of section 1(b) of the Rule. We voice our opinion that the rule, while conceivably a hardship to some, is in the best interest of the legal profession in our state.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re Application of McDonnell
299 Neb. 289 (Nebraska Supreme Court, 2018)
In Re Florida Bd. of Bar Exam. Ex Rel. Webster
3 So. 3d 1058 (Supreme Court of Florida, 2009)
Florida Board of Bar Examiners re Barry University School of Law
821 So. 2d 1050 (Supreme Court of Florida, 2002)
Florida Board of Bar Examiners Re Massachusetts School of Law
705 So. 2d 898 (Supreme Court of Florida, 1998)
Dundee v. Nebraska State Bar Ass'n
545 N.W.2d 756 (Nebraska Supreme Court, 1996)
Teare v. Committee on Admissions
566 A.2d 23 (District of Columbia Court of Appeals, 1989)
In re Florida Board of Bar Examiers
548 So. 2d 235 (Supreme Court of Florida, 1989)
In re McCaffrey
545 A.2d 617 (Supreme Court of Delaware, 1988)
Novak v. Board of Bar Examiners
490 N.E.2d 1183 (Massachusetts Supreme Judicial Court, 1986)
Lucas v. Maine Commission of Pharmacy
472 A.2d 904 (Supreme Judicial Court of Maine, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
433 So. 2d 969, 44 A.L.R. 4th 901, 1983 Fla. LEXIS 2375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florida-bd-of-bar-examiners-in-re-hale-fla-1983.