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

Citations: 578 So. 2d 704; 16 Fla. L. Weekly Supp. 275; 1991 Fla. LEXIS 681; 1991 WL 64167Docket: No. 77063

Court: Supreme Court of Florida; April 25, 1991; Florida; State Supreme Court

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The Florida Board of Bar Examiners has received approval for amendments to the Rules of the Supreme Court concerning Bar admissions, with the amendments published in The Florida Bar News on February 1, 1991. No comments were submitted in response. The Court has adopted the proposed amendments, effective immediately. 

Significant changes include:

1. **Article I, Section 15**: This new section clarifies that the Florida Rules of Appellate Procedure will apply to Supreme Court proceedings where necessary and consistent with existing rules. This formalizes the previous de facto reliance on these rules for guidance on matters such as motions for extension of time.

2. **Article II, Section 2**: The early registration deadline for law students is extended from 150 days to 180 days following the start of law studies, with the filing fee remaining at $60. This extension aims to alleviate conflicts with coursework and finals, encouraging timely and complete registrations.

3. **Article III, Section 1.b.**: Clarifications regarding the evidence required for admission to the General Bar Examination have been made, specifying acceptable graduation evidence from accredited law schools. The section emphasizes that certain substitutes for law school training, such as private study or age, will not be accepted.

These amendments aim to enhance clarity and accessibility within the admissions process for prospective lawyers in Florida.

Section 1.b. of Article III outlines the admission requirements for the General Bar Examination. Applicants must submit a sworn application confirming they have graduated from a full-time accredited law school, or provide evidence of having completed graduation requirements from such a school within a specific accreditation timeframe. The accredited law school must be recognized by the American Bar Association or be a member of the Association of American Law Schools. Results from the examination will only be released to applicants who also provide a Certificate of Dean or an official final transcript confirming graduation before sitting for the exam. Failure to submit these documents will result in the impoundment of grades until compliance is met. The section clarifies that private study, correspondence courses, or law office training cannot substitute for formal law school education, and age or experience cannot waive the training standards. 

The rationale emphasizes the need for a streamlined application process, noting that grades will be impounded if satisfactory evidence of graduation is not provided. It also highlights that the evidence submitted must confirm compliance with the graduation requirements. 

Section 2 addresses character and fitness requirements, stating no person can be recommended for admission to The Florida Bar without satisfactory proof of good moral character and adequate legal knowledge, and that applicants must be at least eighteen years old.

An applicant can withdraw their application for admission to The Florida Bar at any time, but the Board retains the authority to complete its investigative and adjudicatory processes. If an applicant withdraws "with prejudice," the Board must accept this withdrawal, cease its investigative functions, and the applicant will be permanently barred from reapplying. 

For admission, applicants must provide satisfactory evidence of good moral character and adequate knowledge of legal standards. The character and fitness evaluation aims to protect the public and uphold the integrity of the justice system. A deficient record in honesty, trustworthiness, or reliability may lead to denial. Specific behaviors, including unlawful conduct, academic misconduct, dishonesty, neglect of obligations, and evidence of substance dependency, can trigger further investigations into an applicant's fitness.

The Board considers various factors in assessing an applicant’s character, such as the age at the time of conduct, recency, reliability of information, seriousness of the conduct, and evidence of rehabilitation. Candidates must be at least eighteen years old to be recommended for admission.

A disbarred individual from a foreign jurisdiction cannot apply for admission to The Florida Bar or take the Florida Bar Examination for five years post-disbarment, or for a longer period as determined by the foreign jurisdiction. Similarly, a suspended lawyer from a foreign jurisdiction is ineligible for admission or examination until their suspension period has ended. These provisions align with character and fitness standards outlined by recognized legal bodies, aimed at providing better guidance to applicants regarding moral character evaluations. The Board asserts that disbarred lawyers from outside Florida should face similar disqualification periods as those disbarred in Florida. Additionally, applicants who have not been admitted to any other jurisdiction for over twelve months must submit a $276 application fee, while other applicants face a fee of $828. Time served in military service is excluded from this twelve-month count.

All applicants for the General Bar Examination and admission to The Florida Bar must submit a fee with their initial application unless otherwise specified. The standard fee is $828.00; however, applicants seeking readmission after disbarment must pay $1,500.00. The rationale for the increased fee aligns with the need for comprehensive background investigations, which are similar for both disbarred attorneys and out-of-state applicants. The proposed rule amendment clarifies that former Florida attorneys are subject to the same background check processes as other applicants and eliminates ambiguity regarding their readmission. 

Additionally, disbarred applicants, whether from Florida or other jurisdictions, incur higher fees due to the complexity and additional costs associated with their background checks and potential rehabilitation investigations. The amendment reflects historical fee adjustments based on the nature of disbarment cases, indicating that such investigations often require significant resources and formal hearings. Lastly, the document reiterates that application fees are non-refundable, with an exception for applicants who die before taking the oath of admission.

The Board, established by the Court in 1955, seeks to amend the rules regarding nonrefundable application fees for The Florida Bar to reflect the original language of the 1955 preamble. Since June 1989, five applicants have requested fee refunds after opting not to pursue admission, all of which were denied to reinforce the irrevocability of the fee payment decision. Nonrefundable fees have been a longstanding policy, and refunding fees based on actual application costs is deemed impractical. Similar nonrefundable fee provisions exist in various regulatory boards under the Department of Professional Regulation.

Fees paid by applicants who discontinue their applications are not forfeited; instead, they remain credited for future use if applicants decide to reactivate their files. The Board will update its materials to clearly indicate that fees are nonrefundable, including in the Application for Admission to the General Bar Examination.

Proposed changes include specific fee adjustments: $828 for certain applicants and $1500 for disbarred attorneys. Additionally, modifications to Article VI, Section 11 clarify notification procedures for examination results, ensuring that individuals whose grades are impounded by the Supreme Court are excluded from the notification process. These changes aim to align the rules with updated provisions in other sections.