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Court asks for changes to the Bar’s military spouse proposal

Editor Regular News

Court asks for changes to the Bar’s military spouse proposal

Mark D. Killian

Editor

Before ruling on a request to allow the lawyer spouses of military personnel to practice in Florida when they are stationed in the state, the Supreme Court wants to see more restrictions added to the proposal.

The Florida Bar filed a petition early last year to amend the Rules Regulating The Florida Bar to include new rules that establish a process by which the spouse of a U.S. Armed Forces member stationed in Florida may obtain authorization to practice law in Florida without taking the bar exam. In a companion petition, the Florida Board of Bar Examiners proposed amending the Rules of the Supreme Court Relating to Admissions to the Bar to include a new rule that sets out the application fee a person seeking authorization under the Bar’s proposal must pay.

The court, acting December 14 in case nos. SC17-156 & SC17-230, dismissed those petitions and directed the Bar and FBBE to file a joint petition within 90 days that imposes additional requirements.

“Such restrictions must include a time limit on the duration of the authorization and must require that all persons who receive authorization associate, either through participation in a law firm or through mentorship, with a member of the Bar who is eligible to practice law in Florida for the duration of the authorization,” the court said.

The Board of Governors in December 2017 unanimously voted to support the proposal, which originated with the Military Affairs Committee.

The proposed rule provides that the Supreme Court may certify a military spouse who is a lawyer to practice in Florida while the spouse is stationed in the state as long as the lawyer:

• Is registered in the Department of Defense’s “Defense Enrollment Eligibility System,” which identifies them as spouses of full-time, active duty military members;

• Holds a J.D. or LL.B. from an ABA-accredited law school;

• Is licensed in another U.S. jurisdiction after passing a written exam;

• Is an active bar member in another U.S. jurisdiction;

• Is a member in good standing in every other bar to which the applicant is admitted and is not subject to a discipline or pending disciplinary matter in any of those jurisdictions;

• Has not failed the Florida bar exam or the Florida Board of Bar Examiners character and fitness review within the past five years;

• Is actually living in Florida with the active-duty spouse or intends to do so within six months of the application and certifies that he or she has read the Bar’s rules of discipline and professional conduct and agrees to submit to the jurisdiction of the Florida Supreme Court.

The applicants also must submit an application to the FBBE, pay a fee set by that board, and establish character and fitness to satisfy the FBBE.

Lawyers allowed to practice under the rule must complete the basic skills course required in subchapter 6-12 within six months of being certified and complete 10 hours of CLE each year they practice in Florida. 

The spouses would lose the right to practice if they move out of the state, take the bar exam and fail, or fail the FBBE character and fitness review. 

The lawyers must pay annual Bar membership fees. The Military Affairs Committee is charged with establishing a mentor network for these lawyers.

Chief Justice Jorge Labarga, and Justices Barbara Pariente, Fred Lewis, Peggy Quince, and Ricky Polston concurred.

Justice Alan Lawson dissented with an opinion, in which Justice Charles Canady concured, saying the requirements in the original petitions “suitably protect” the public.

“Accordingly, I would adopt the rules, as proposed, for the good and sufficient reason that they appropriately give form to the gratitude that we should all share for the sacrifices made each day by those serving in our Armed Forces, and by their families,” Lawson said.

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