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

Citations: 441 So. 2d 141; 1983 Fla. LEXIS 2694Docket: No. 63603

Court: Supreme Court of Florida; October 20, 1983; Florida; State Supreme Court

Narrative Opinion Summary

In this judicial opinion, the Florida Board of Bar Examiners sought amendments to the Rules of the Supreme Court governing bar admissions, which were subsequently approved with specific exceptions. The amendments addressed several aspects of bar admissions, including the transferability of Multistate Bar Examination (MBE) scores, confidentiality of records, and the structure and scoring of bar examinations. A notable feature of the amendments is the introduction of a new confidentiality provision ensuring that records maintained by the Board are kept confidential unless authorized by the Court. The revisions also clarify the conditions under which MBE scores may be transferred and define what constitutes an accredited law school for the purpose of satisfying graduation requirements. Additionally, the amendments delineate the procedures for challenging character and fitness assessments made by the Board, which include petitioning the Supreme Court for review. The examination format was also revised, stipulating scoring methods and conditions under which scores from different administrations can be combined. These changes aim to ensure a standardized and fair assessment process for all bar applicants. The decision has significant implications for bar candidates, particularly regarding the timeline and documentation required for successful admission to the Florida Bar.

Legal Issues Addressed

Character and Fitness Assessment for Bar Applicants

Application: The procedure for challenging the Board's recommendation on an applicant's character and fitness involves filing a petition with the Supreme Court, which may conduct interviews and inquiries.

Reasoning: An applicant dissatisfied with the Board's recommendation on their character and fitness may file a petition with the Clerk of the Supreme Court of Florida within 60 days of receiving the recommendation.

Confidentiality of Bar Admission Records

Application: The case establishes rules for the confidentiality of records maintained by the Florida Board of Bar Examiners, detailing specific conditions under which such information can be disclosed.

Reasoning: A new Article I, Section 14 was added to establish confidentiality rules for records maintained by the Board, stipulating that such information is confidential unless otherwise authorized by the Court.

Definition of Accredited Law School and Graduation Requirements

Application: The rules specify the criteria for what constitutes an accredited law school and clarify the requirements for law school graduation as it pertains to bar admission.

Reasoning: An 'accredited law school' refers to institutions recognized by the American Bar Association or the Association of American Law Schools.

Examination Structure and Scoring for Florida Bar Admission

Application: The amendments detail the structure, timing, and scoring methods for the General Bar Examination and MPRE, affecting how applicants' competencies are assessed.

Reasoning: Applicants must achieve a minimum scaled score of 133 before July 1, 1982, or 131 thereafter on both Part A and Part B under Method 2.

Transferability of Multistate Bar Examination Scores

Application: This decision outlines the conditions under which MBE scores can be transferred and recognized for Florida Bar admission, emphasizing deadlines and restrictions.

Reasoning: Scores from Multistate Bar Examinations (MBE) up to July 1983 may be transferred if Form 32 is submitted by June 30, 1984.