In re Florida Board of Bar Examiers

548 So. 2d 235, 14 Fla. L. Weekly 433, 1989 Fla. LEXIS 828, 1989 WL 102490
CourtSupreme Court of Florida
DecidedAugust 31, 1989
DocketNo. 73412
StatusPublished
Cited by1 cases

This text of 548 So. 2d 235 (In re Florida Board of Bar Examiers) 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 Florida Board of Bar Examiers, 548 So. 2d 235, 14 Fla. L. Weekly 433, 1989 Fla. LEXIS 828, 1989 WL 102490 (Fla. 1989).

Opinions

PER CURIAM.

By petition and supplement to petition, the Florida Board of Bar Examiners has requested certain amendments to the Rules of the Supreme Court Relating to Admissions to the Bar. The proposed amendments were published in The Florida Bar News on January 15, 1989.

The board proposes that article I, sections 2 and 3, be amended for housekeeping purposes consisting of the deletion of obsolete language and the use of a more fitting designation for the nonlawyer members of the board.

The board proposes that article III, section 1, be amended to conform the rules to the Court’s practice of not approving undergraduate programs at nonaccredited col[236]*236leges and universities in Florida. The board further proposes that this section be amended to include the modification made by this Court in Florida Board of Bar Examiners in re Hale, 433 So.2d 969 (Fla.1983), pertaining to foreign law school graduates.

The board also seeks to amend article IV to authorize applicants to petition the board for reconsideration of administrative rulings and to extend the prescribed time periods pertaining to a petition filed by an applicant with this Court for review of a board action.

The board also proposes to amend article IV, section 6, to include a provision advising applicants that the background investigation will commence only upon receipt of a fully completed and properly executed bar application, certain specified documents, and the appropriate fee.

The board also seeks to amend article V, section 18, to provide a uniform fee for the photocopying of an applicant’s bar application.

In addition, the board proposes that article V, section 4, and article VI, section 5, be amended to set earlier dates for the timely and late filing deadlines for applicants seeking admission to an administration of the general bar examination (GBE). The readjustment of fees for late filings is recommended to encourage timely applications and to cover the additional administrative costs involved in the staff handling of an untimely application.

No objection has been filed with respect to any of the foregoing proposals. Because each of them appears appropriate and consistent with the philosophy of this Court concerning bar admissions, they are approved.

The board also seeks to amend article VI, section 1, to allow applicants to submit to the multistate professional responsibility examination (MPRE) prior to graduation from law school but within twenty-five months of successful completion of the other parts of the Florida Bar Examination. The proposed amendment would eliminate the current restriction against taking the MPRE until after graduation from law school. Through the use of additional graders and computerization of the grade release process, the board believes that in the future it will be able to release the results of the GBE in five weeks from the date of administration. However, because the MPRE results will not become available until sometime thereafter, there will be approximately a two-week delay in the admission of qualified applicants. The board’s rationale is that the MPRE could be taken during law school so that those persons who successfully pass both examinations could be admitted as soon as possible. Permitting the applicants to take the MPRE during law school would also give them more flexibility in selecting a convenient site for the examination.

The board reasons that the MPRE measures examinees’ knowledge of established ethical standards governing the legal profession rather than testing their technical competence. Because the MPRE is an awareness test which covers the narrow subject of American Bar Association ethical standards, the board believes that taking the exam during law school would have little or no adverse impact upon students’ studies. The board advises that in a recent survey of those jurisdictions using the MPRE, twenty-nine of them permit the MPRE to be taken during law school, while only three jurisdictions require the examination to be taken after graduation.

The deans of the several law schools in Florida have filed a response which opposes this amendment. The deans express the concern that their law students would devote less time than usual to their law school course work throughout the weeks preceding the MPRE. Despite the board’s perception of the MPRE as an awareness test, the deans believe that the students will spend a disproportionate amount of time in preparation for the first hurdle to be overcome in their progress toward admission to the Bar.

The deans also explain that because of the scheduling of the MPRE, the students will almost certainly miss some law school classes in order to take the examination. In emphasizing the importance of class at[237]*237tendance, they point to strict law school accreditation standards of the American Bar Association on this subject.

Upon consideration, the Court concludes that the benefits to be obtained by permitting the MPRE to be taken while the student is still in law school do not outweigh the possibility that the students’ law studies may be adversely affected. This Court declines to approve this recommendation.

Those amendments to the rules which are approved are set forth in Exhibit “A” attached to this opinion and shall become effective immediately.

It is so ordered.

EHRLICH, C.J., and OVERTON, McDonald, GRIMES and KOGAN, JJ., concur. BARKETT, J., concurs in part and dissents in part with an opinion, in which SHAW, J., concurs.

EXHIBIT A

Article I, Section 2 as it currently appears:

Section 2. There is hereby created a Florida Board of Bar Examiners consisting of twelve members of The Florida Bar and three lay members of the general public. The members now constituting said Board shall continue to hold office for the terms now appointed, and their successors shall continue to be selected and appointed in the manner prescribed in Article 1 of the Rules Relating to Admissions to The Florida Bar.
a. Attorney Members of the Board. As the terms of the attorney members expire, all appointments shall be for no more than five years, and any vacancy occurring during any term shall be filled by appointment. No attorney appointed by the Court as a result of a vacancy occurring during a term shall be appointed for more than five years, and the term of all such appointments shall be extended to October 31 of the last year of such term.
b. Lay Members of the Board. All appointments of lay members shall be for no more than three years, and any vacancy occurring during any term shall be filled by appointment. Initially, the first lay member shall be appointed effective November 1, 1981, the second lay member shall be appointed effective November 1, 1982, and the third lay member shall be appointed effective November 1, 1983. No lay member appointed by the Court as a result of a vacancy occurring during a term shall be appointed for more than three years, and the term of all such appointments shall be extended to October 31 of the last year of such term.

Article I, Section 2 as it would appear:

Section 2. There is hereby created a Florida Board of Bar Examiners consisting of twelve members of The Florida Bar and three lay nonlawyer members of the general public.

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548 So. 2d 235, 14 Fla. L. Weekly 433, 1989 Fla. LEXIS 828, 1989 WL 102490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-florida-board-of-bar-examiers-fla-1989.