In re Supreme Court

155 So. 2d 372, 1963 Fla. LEXIS 2915
CourtDistrict Court of Appeal of Florida
DecidedJuly 10, 1963
StatusPublished

This text of 155 So. 2d 372 (In re Supreme Court) is published on Counsel Stack Legal Research, covering District Court of Appeal 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 Supreme Court, 155 So. 2d 372, 1963 Fla. LEXIS 2915 (Fla. Ct. App. 1963).

Opinion

PER CURIAM.

The attached 1963 revision of the rules of the Supreme Court of Florida relating to admissions to the Bar and of the rules and regulations of the Florida Board of Bar Examiners, drafted by a committee of this Court appointed by the Chief Justice and a committee of the Florida Board of Bar Examiners, is hereby approved and adopted, the same to become effective as of midnight August 31, 1963, and from said date this revision shall supersede all conflicting rules of the Supreme Court and rules and regulations of the Florida Board of Bar Examiners.

The attached rules and regulations are filed in the office of the Clerk of this Court, and the Florida Board of Bar Examiners is hereby authorized to adopt and promulgate from time to time additional rules and regulations or amendments to the rules and regulations hereby adopted and approved but such additional rules and regulations or amendments shall become effective only upon the submission to and the approval by this Court.

DREW, C. J., TERRELL, THOMAS, ROBERTS, THORNAL, O’CONNELL, and CALDWELL, JJ., concur.

REVISED 1963 RULES of the SUPREME COURT of FLORIDA Relating to Admission to the Bar

Effective September 1, 1963

ARTICLE I

FLORIDA BOARD OF BAR EXAMINERS

Section 1. The admission of attorneys to the practice of the profession of law is a judicial function. All individuals who seek the privilege of practicing law in the State of Florida shall submit to the bar examination. The Court promulgates the rules hereinafter set forth and adopts and approves the Code of Recommended Standards of Bar Examiners, adopted by the American Bar Association on May 21, 1958, promulgated and approved by the National Conference of Bar Examiners and the Association of American Law Schools, except where such standards are inconsistent with the Rules of this Court or the Rules of the Board hereinafter established.

Section 2. There is hereby created a Florida Board of Bar Examiners consisting of ten members of The Florida [373]*373Bar. The members now constituting- said Board shall continue to hold office for the terms now appointed. Their successors shall continue to be selected and appointed in the manner now prescribed in Article I of the Rules of the Supreme Court of Florida relating to admissions to the Bar, effective November 1, 1955. As terms expire all appointments shall be for five years, but any vacancy occurring during any term shall be filled by appointment for the unexpired term thereof. Such members shall be members of The Florida Bar and shall possess the qualifications prescribed by the Code of Standards of Bar Examiners.

Section 3. The Board of Governors of The Florida Bar shall submit to the Court not less than thirty days prior to the expiration of any term, and in case of a vacancy, within thirty days thereafter, its recommendations with respect to appointees. Such group of recommended appointees -shall be thrice the number to be appointed. The following provisions will be pertinent in connection with the nominations to membership on the Board:

a. Qualifications. A bar examiner should be a practicing attorney with ■scholarly attainments and an affirmative interest in legal education and requirements for admission to the bar.
b. Tenure. A bar examiner should be appointed for a fixed term, but should be eligible for reappointment if his work is of high quality. Members of bar examining authorities should be appointed for staggered terms to insure continuity of policy, but there should be sufficient rotation in the personnel of each authority to bring new views to the authority and to insure continuing interest in its work.
c. Compensation. The compensation, if any, which a bar examiner receives should not be directly dependent upon the number of persons taking the bar examination.
d. Devotion to Duty. A bar examiner should be willing and able to devote whatever time is necessary to perform the duties imposed upon him.
e. Essential Conduct. A bar examiner should be conscientious, studious, thorough and diligent in learning the methods, problems and progress of legal education, in preparing bar examinations, and in seeking to improve the examination, its administration and requirements for admission to the bar. He should be just and impartial in recommending the admission of applicants. He should exhibit courage, judgment and moral stamina in refusing to recommend applicants who lack adequate general and professional preparation or who lack good moral character.
f. Adverse Influences, Conflicting Duties and Inconsistent Obligations. A bar examiner should not have adverse interests, conflicting duties nor inconsistent obligations which will in any way interfere or appear to interfere with the proper administration of his functions. A bar examiner should not participate directly or indirectly in courses for the preparation of applicants for bar admission nor act as a trustee of a law school or of a university of which a law school is a part or with which a law school is affiliated. A bar examiner should so conduct himself that there may be no suspicion that his judgment may be swayed by improper considerations.

Section 4. Each year during the month of October, the Board shall designate a chairman and a vice-chairman who shall hold office for a period of one year beginning November 1st following the date of such designation. Such designation shall be determined by majority vote. In the event of an irreconcilable tie vote, such fact shall be certified to the Supreme Court and it shall designate the chairman [374]*374or vice-chairman as the case may be for the ensuing year.

Section 5. The members shall serve without compensation but shall be reimbursed for reasonable travelling and subsistence expenses incurred in the performance of their services for the Board.

Section 6. The offices of the Board shall be maintained in the Supreme Court Building in Tallahassee, Florida.

Section 7. Meetings of the Board may be held at such places and times in the State of Florida as may be fixed from time to time by the Board.

Section 8. The Board shall make such disbursements as are required to pay the necessary expenses of the Board. Annually it shall prepare a budget and submit the same to the Supreme Court for its approval. It shall cause proper books of account to be kept and shall have an annual audit made by the State Auditing Department or a Certified Public Accountant. Such annual audit shall be filed with the Clerk of the Supreme Court of Florida.

ARTICLE II

GENERAL POWERS OF THE BOARD

Section 9. The Board shall employ an Executive Director and such other assistants and clerks as it may deem necessary. It shall provide for the compensation of such employees and shall pay all other expenses. The Executive Director shall furnish bond as may be directed by the Board.

Section 10. (a) The Board shall supervise the preparation, grading and conducting of written examinations, and members thereof shall be willing and available to-discuss general problems of purposes, policies and procedures, of the examination with applicants; and.

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Bluebook (online)
155 So. 2d 372, 1963 Fla. LEXIS 2915, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-supreme-court-fladistctapp-1963.