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Florida Board of Bar Examiners re Barry University School of Law

Citations: 821 So. 2d 1050; 27 Fla. L. Weekly Supp. 482; 2002 Fla. LEXIS 889; 2002 WL 992071Docket: No. SC02-740

Court: Supreme Court of Florida; May 16, 2002; Florida; State Supreme Court

Narrative Opinion Summary

This case involves Barry University School of Law's petition to the Court for the release of impounded Florida Bar examination results for its graduates. The primary legal issue revolves around the requirements for Bar admission under Rule 2-11.1, which stipulates that applicants must have graduated from an accredited law school within a specified timeframe. Barry University sought to have its graduates eligible based on a prior recommendation of provisional accreditation by the American Bar Association (ABA), despite not having achieved official accreditation within the required period. The Court denied the petition, emphasizing adherence to the rule that demands graduation from an ABA-accredited institution within twelve months. The Court reiterated its reliance on the ABA's comprehensive accreditation process, dismissing requests for waivers or re-evaluation of the ABA's decision-making. The decision underscores the importance of uniform standards in maintaining educational quality and the Court's commitment to upholding established rules without exceptions. Barry University's request for a retrospective application of accreditation was deemed an impermissible waiver attempt, reinforcing the Court's stance that only graduates from accredited institutions within the rule's timeframe are eligible for Bar admission.

Legal Issues Addressed

Accreditation Process by the American Bar Association (ABA)

Application: The ABA's accreditation process is thorough and involves multiple stages of evaluation, and the Court respects this process by relying on ABA standards.

Reasoning: The ABA employs a comprehensive process with detailed standards governing law school organization, educational programs, faculty, admissions, library resources, and physical facilities.

Bar Admission Requirements under Rule 2-11.1

Application: Rule 2-11.1 mandates that applicants must graduate from an accredited law school at the time of graduation or within twelve months thereafter. The Court denied Barry University's petition as it did not meet these criteria.

Reasoning: The petition is denied based on Rule 2-11.1 of the Supreme Court's Rules regarding Bar admissions, which requires applicants to have graduated from an accredited law school at the time of graduation or within 12 months of accreditation.

Jurisdiction under Article V, Section 15 of the Florida Constitution

Application: The Court exercises its jurisdiction to decide on the petition filed by Barry University School of Law concerning the release of Bar examination results.

Reasoning: The Court has jurisdiction under Article V, Section 15 of the Florida Constitution.

No Waiver of Accreditation Requirements

Application: The Court refuses to grant waivers for the accreditation requirement, emphasizing consistency with previous rulings and ABA standards.

Reasoning: The court upheld previous rulings in Hale and Massachusetts School of Law, denying Barry University's request for a waiver of the accreditation requirement.

Reliance on ABA Standards

Application: The Court underscores its reliance on ABA standards for assessing law school accreditation, rejecting case-by-case evaluations due to potential inefficiencies.

Reasoning: The Court reaffirmed its reliance on ABA standards for law school accreditation, citing the Minnesota Supreme Court's view that the ABA is best suited for this role.