In re Florida Board of Bar Examiners re Amendment to Rules of Supreme Court of Florida Relating to Admissions to the Bar

524 So. 2d 643, 13 Fla. L. Weekly 295, 1988 Fla. LEXIS 549, 1988 WL 42438
CourtSupreme Court of Florida
DecidedApril 28, 1988
DocketNo. 71849
StatusPublished

This text of 524 So. 2d 643 (In re Florida Board of Bar Examiners re Amendment to Rules of Supreme Court of Florida 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 Florida Board of Bar Examiners re Amendment to Rules of Supreme Court of Florida Relating to Admissions to the Bar, 524 So. 2d 643, 13 Fla. L. Weekly 295, 1988 Fla. LEXIS 549, 1988 WL 42438 (Fla. 1988).

Opinion

GRIMES, Justice.

The Florida Board of Bar Examiners petitioned for approval of certain amendments to the Rules of the Supreme Court of Florida Relating to Admissions to the Bar. The proposed amendments were published in The Florida Bar News allowing interested parties to file comments with this Court. Upon consideration, we now adopt the proposed amendments. The amendments are attached to this opinion together with the rationale expressed by the Board concerning each amendment.

The single comment filed in response to the publication criticized the removal of the mandatory requirement for testing Florida constitutional law separately on each Bar examination. We agree that it is important for Florida lawyers to have a knowledge of Florida constitutional law. However, we accept the representation of the Board that the proposed amendment would allow the Board greater flexibility in testing Florida constitutional law by permitting it to be included with another area on the same essay question, thereby producing higher quality questions on the subject.

The amendments shall be effective upon the issuance of this opinion.

Done and ordered.

MCDONALD, C.J., and OVERTON, EHRLICH, SHAW, BARKETT and KOGAN, JJ., concur.

Article I, Section 14 as it currently appears:

Section 14. All information maintained by the Board in the discharge of those responsibilities delegated to it by the Supreme Court of Florida shall be confidential except as provided by these Rules or otherwise authorized by the Court. All matters including, but not limited to, registrant and applicant files, investigative reports, examination material, and inter-office memoranda shall be the property of the Supreme Court of Florida and the Board shall serve as the custodian of all such records.
The Board is authorized to disclose the following information relating to an individual registrant, applicant or member of The Florida Bar, absent specific instructions from the Court to the contrary:
a. Upon written request from The Florida Bar for information relating to disciplinary proceedings, reinstatement proceedings or unauthorized practice of law investigations, provided, however, that information received by the Board under a specific agreement of confidentiality or otherwise restricted by law shall not be disclosed.
b. Upon written request from the National Conference of Bar Examiners, or from foreign bar admitting agencies, foreign bar associations, or other similar agencies, when accompanied by an authorization and release duly executed by the person about whom such information is sought, provided, however, that information received by the Board under a specific agreement of confidentiality or otherwise restricted by law shall not be disclosed.
c. Upon written request from registrants or applicants for copies of documents previously filed by them, or on their behalf with the Board with the written consent of the party submitting such documents, and copies of any documents or exhibits tendered to the Board at an investigative or formal hearing before the Board and the transcripts of any such hearings.
d. Upon service of a subpoena issued by a Federal or Florida Grand Jury, or Florida State Attorney only in connection with a felony investigation, provided, however, that information otherwise restricted by law shall not be disclosed.

Article I, Section 14

Section 14. All information maintained by the Board in the discharge of those responsibilities delegated to it by the Supreme Court of Florida shall be confidential except as provided by these Rules or otherwise authorized by the Court. All matters [645]*645including, but not limited to, registrant and applicant files, investigative reports, examination material, and interoffice memoranda shall be the property of the Supreme Court of Florida and the Board shall serve as custodian of all such records.

The Board is authorized to disclose the following information relating to an individual registrant, applicant or member of The Florida Bar, absent specific instructions from the Court to the contrary:

a. The name, date of birth, Social Security number and date of application for placement in a national data bank operated by or on behalf of the National Conference of Bar Examiners.

»rb. Upon written request from The Florida Bar for information relating to disciplinary proceedings, reinstatement proceedings or unauthorized practice of law investigations, provided, however, that information received by the Board under a specific agreement of confidentiality or otherwise restricted by law shall not be disclosed.

brC. Upon written request from the National Conference of Bar Examiners, or from foreign bar admitting agencies, foreign bar associations, or other similar agencies, when accompanied by an authorization and release duly executed by the person about whom such information is sought, provided, however, that information received by the Board under a specific agreement of confidentiality or otherwise restricted by law shall not be disclosed.

fed. Upon written request from registrants or applicants for copies of documents previously filed by them, or on their behalf with the Board with the written consent of the party submitting such documents, and copies of any documents or exhibits tendered to the Board at an investigative or formal hearing before the Board and the transcript of such hearings.

dre. Upon service of a subpoena issued by a Federal or Florida Grand Jury, or Florida State Attorney only in connection with a felony investigation, provided, however, that information otherwise restricted by law shall not be disclosed.

RATIONALE:

The National Conference of Bar Examiners has agreed to maintain a national data bank of bar applicants. The data bank would be the source of name check for the Board in attempting to verify which jurisdictions an applicant has previously made application for admission. The only information which the Board would supply to the data bank is specifically set forth in the rule amendment. The Board feels that participation in the national data bank would be valuable to the Board in conducting background investigations of applicants. Article II, Sections 1 through 4 as they currently appear:

Section 1. Every person intending to apply for admission to The Florida Bar shall, within one hundred fifty (150) days following the commencement of the study of law in an accredited law school, register with the Board by filing an Applicant’s Questionnaire and Affidavit (Form 1) as a registrant upon the forms supplied by the Board, including the documents and papers specified in Article IV, Section 5 except for the filing of the Certificate of Dean as specified in Article IV, Section 5.b(l); a fee of $60.00 as specified in the provisions of Article V, Section 6, and such other papers as may from time to time be reasonably required by the Board. The Board will consider as timely filed any registration postmarked or received one hundred fifty (150) days following the commencement of the study of law.
Section 2.

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524 So. 2d 643, 13 Fla. L. Weekly 295, 1988 Fla. LEXIS 549, 1988 WL 42438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-florida-board-of-bar-examiners-re-amendment-to-rules-of-supreme-court-fla-1988.