In Re AMENDMENTS TO RULES OF the SUPREME COURT RELATING TO ADMISSIONS TO the BAR

Supreme Court of Florida

In Re AMENDMENTS TO RULES OF the SUPREME COURT RELATING TO ADMISSIONS TO the BAR

166 So. 3d 178, 40 Fla. L. Weekly Supp. 315, 2015 Fla. LEXIS 1225, 2015 WL 3496054

CourtSupreme Court of Florida

DecidedJune 4, 2015

DocketSC15-176

StatusPublished

This text of 166 So. 3d 178 (In Re AMENDMENTS TO 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

In Re AMENDMENTS TO RULES OF the SUPREME COURT RELATING TO ADMISSIONS TO the BAR, 166 So. 3d 178, 40 Fla. L. Weekly Supp. 315, 2015 Fla. LEXIS 1225, 2015 WL 3496054 (Fla. 2015).

Pincite

Opinion

PER CURIAM.

This matter is before the Court for consideration of an amendment to Rule of the Supreme Court Relating to Admissions to the Bar 1-21 (Membership) proposed by The Florida Board of Bar Examiners (Board). See Fla. Bar Admiss. R. 1-12. 1 After considering the Board’s proposal, rather than amending rule 1-21 as proposed, we adopt new rule 1-21.1 (Additional Members).

Rule 1-21 currently provides that the “Florida Board of Bar Examiners consists of 12 members of The Florida Bar and 3 public members who are not lawyers.” The Board asks the Court to amend rule 1-21 to allow the Board to petition the Court for additional members to serve on the Board, as necessitated by the Board’s fluctuating workload. According to the Board, having the option to request additional members will allow the Board to process applicant files in the most efficient manner possible. The Board recognizes that its workload may vary as the number of applicants fluctuates. Therefore, the *179 proposed amendment to rule 1-21 is intended to allow the size of the Board to expand when necessary, while allowing for a reduction to standard membership when the additional members’ terms end, if no replacement for the additional members proves necessary. In the petition seeking to amend the rule, the Board also asks the Court to appoint two additional attorney members and one additional public member. 2

The Board’s general proposal to allow for additional Board members is well justified. However, the Board’s proposed rule amendment fails to include procedures for requesting additional members and for appointing specific public or attorney members once the Court approves adding members. The proposed rule amendment also fails to clarify the duration of the terms of the additional members. Therefore, rather than amending rule 1-21 as proposed, we adopt new rule 1-21.1 (Additional Members) to provide the necessary procedures, as follows:

1-21.1 Additional Members. The board may submit to the court a request for additional members to serve, as necessary. The request and appointee recommendations must be submitted in the same manner as appointee recommendations under rules 1-22.2 and 1-23.2. The term of service of a member appointed under this rule will be as provided in rules 1-22.8 and 1-23.3 or as otherwise approved by the court.

We also decline to address the Board’s request for appointment of additional members in this rules case.

Accordingly, we amend the Rules of the Supreme Court Relating to Admissions to the Bar as set forth in the appendix to this opinion. New language is indicated by underscoring. The amendment shall become effective immediately upon the release of this opinion. The Board may submit its request for additional members and appointee recommendations to the Court in accordance with new rule 1-21.1.

It is so ordered.

LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur.

APPENDIX

1-20 Florida Board of Bar Examiners.

1-21 Membership. The Florida Board of Bar Examiners consists of 12 members of The Florida Bar and 3 public members who are not lawyers.

1-21.1 Additional Members. The board may submit to the court a request for additional members to serve, as necessary. The request and appointee recommendations must be submitted in the same manner as appointee recommendations under rules 1-22,2 and 1-23.2. The term of service of a member appointed under this rule will be as provided in rules 1-22.3 and 1-23.3 or as otherwise approved by the court.

1

. We have jurisdiction. See art. V, § 15, Fla. Const.

2

. Although the Board’s request for appointment of additional members suggests terms of service for the additional members, it fails to include specific appointee recommendations.

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

PER CURIAM.

This matter is before the Court for consideration of an amendment to Rule of the Supreme Court Relating to Admissions to the Bar 1-21 (Membership) proposed by The Florida Board of Bar Examiners (Board). See Fla. Bar Admiss. R. 1-12. 1 After considering the Board’s proposal, rather than amending rule 1-21 as proposed, we adopt new rule 1-21.1 (Additional Members).

Rule 1-21 currently provides that the “Florida Board of Bar Examiners consists of 12 members of The Florida Bar and 3 public members who are not lawyers.” The Board asks the Court to amend rule 1-21 to allow the Board to petition the Court for additional members to serve on the Board, as necessitated by the Board’s fluctuating workload. According to the Board, having the option to request additional members will allow the Board to process applicant files in the most efficient manner possible. The Board recognizes that its workload may vary as the number of applicants fluctuates. Therefore, the *179 proposed amendment to rule 1-21 is intended to allow the size of the Board to expand when necessary, while allowing for a reduction to standard membership when the additional members’ terms end, if no replacement for the additional members proves necessary. In the petition seeking to amend the rule, the Board also asks the Court to appoint two additional attorney members and one additional public member. 2

The Board’s general proposal to allow for additional Board members is well justified. However, the Board’s proposed rule amendment fails to include procedures for requesting additional members and for appointing specific public or attorney members once the Court approves adding members. The proposed rule amendment also fails to clarify the duration of the terms of the additional members. Therefore, rather than amending rule 1-21 as proposed, we adopt new rule 1-21.1 (Additional Members) to provide the necessary procedures, as follows:

1-21.1 Additional Members. The board may submit to the court a request for additional members to serve, as necessary. The request and appointee recommendations must be submitted in the same manner as appointee recommendations under rules 1-22.2 and 1-23.2. The term of service of a member appointed under this rule will be as provided in rules 1-22.8 and 1-23.3 or as otherwise approved by the court.

We also decline to address the Board’s request for appointment of additional members in this rules case.

Accordingly, we amend the Rules of the Supreme Court Relating to Admissions to the Bar as set forth in the appendix to this opinion. New language is indicated by underscoring. The amendment shall become effective immediately upon the release of this opinion. The Board may submit its request for additional members and appointee recommendations to the Court in accordance with new rule 1-21.1.

It is so ordered.

LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur.

APPENDIX

1-20 Florida Board of Bar Examiners.

1-21 Membership. The Florida Board of Bar Examiners consists of 12 members of The Florida Bar and 3 public members who are not lawyers.

1-21.1 Additional Members. The board may submit to the court a request for additional members to serve, as necessary. The request and appointee recommendations must be submitted in the same manner as appointee recommendations under rules 1-22,2 and 1-23.2. The term of service of a member appointed under this rule will be as provided in rules 1-22.3 and 1-23.3 or as otherwise approved by the court.

1

. We have jurisdiction. See art. V, § 15, Fla. Const.

2

. Although the Board’s request for appointment of additional members suggests terms of service for the additional members, it fails to include specific appointee recommendations.

Cite This Page — Counsel Stack

Bluebook (online)

166 So. 3d 178, 40 Fla. L. Weekly Supp. 315, 2015 Fla. LEXIS 1225, 2015 WL 3496054, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-amendments-to-rules-of-the-supreme-court-relating-to-admissions-to-fla-2015.