FPDA proposes allowing law graduates to work while they await Bar admission
“Essentially, it opens up all law [school graduates] to us, not just the ones that [completed] a clinical program, or a law student practice program,” said 11th Circuit Public Defender and FPDA President Carlos Martinez.
“To me, it’s primarily an access-to-justice issue,” said veteran Miami-Dade Public Defender Carlos Martinez, president of the Florida Public Defender Association.
The FPDA is proposing an amendment to Florida Bar Rule 11-1.8 (Practice After Graduation) that would permit law school graduates to practice for up to a year, under the supervision of an attorney, while they await Bar admission.
Martinez stressed that participants would have to complete a character and fitness background check.
The proposed amendment would add a subdivision (b) “Certification of Law School Graduates.”
The subdivision would state: “A graduate of an American Bar Association approved law school who has filed an application to The Florida Bar and received an initial clearance letter as to character and fitness from the Florida Board of Bar Examiners may make appearances for the maximum term of certification of 12 months from graduation for the same entities and under the same restrictions that are applicable to students in law school practice programs under this chapter….”
The certification would terminate if a graduate fails to take the next available bar exam, fails “any portion of the Florida bar examination on the second administration if a second administration is required,” or is denied Bar admission.
“Essentially, it opens up all law [school graduates] to us, not just the ones that [completed] a clinical program, or a law student practice program,” Martinez said.
The Board of Governors is expected to weigh the proposed amendment in May. The Supreme Court would have the final say.
The Rules Committee approved the measure 5-0 last October.
“Public Defender and State Attorney offices are experiencing unprecedented difficulties in attracting new applicants, particularly those who have completed a law school practice program,” states a staff analysis. “The rule amendment would help Public Defender, State Attorney and legal services organizations serving the indigent to expand the pool of applicants by providing training and employment opportunities for all law school graduates under the supervision of an attorney.”
It’s difficult to estimate how many graduates would take advantage of the program.
According to the Florida Board of Bar Examiners, 690 law students took the General Bar Examination in February 2022, and another 2,225 students took it in July 2022. The program would be available to out-of-state law school graduates as well.
Martinez estimates the practice program would add the equivalent of two dozen or more front-line assistants to his staff alone.
In any given year, Martinez says, his office has that many new hires who can only help “behind the scenes.” They mostly interview clients and help draft motions, Martinez said.
“The challenge for public defenders and state attorneys is we need individuals who can be present in court, who can speak on the record,” he said. “It would help everybody be a little more competent because you wouldn’t have that crushing caseload.”
Last month, Martinez and Fifth Circuit State Attorney William “Bill” Gladson told the House Criminal Justice Subcommittee that an unprecedented $5,000 to $10,000 across-the-board pay raise lawmakers approved last session hasn’t gone far enough to address high turnover and lack of recruitment.
“We’ve had outreach in every single law school in the State of Florida, we’re doing everything we can,” Gladson said. “The problem is, it’s difficult to be competitive with the private market.”
Martinez thanked lawmakers profusely for pay raises, but he warned that “a crisis is developing.” He estimated that Florida’s 20 public defenders need to fill 250 vacancies.
The trend is statewide, but inflation and skyrocketing housing costs are posing a bigger challenge in South Florida, where a one-bedroom apartment can cost $2,600 a month, Martinez said.
Turnover in Miami-Dade increased from 17% to 28% last year, Martinez said, adding that of the 34 attorneys he hired in 2021, only 17 remain today.
“Six months into this fiscal year, I have already lost 30 lawyers,” Martinez told the committee. “God forbid I lose another 30 lawyers.”
Martinez is optimistic that the Board of Governors and the Supreme Court will approve the proposal, especially since it would also help prosecutors and legal services organizations with their recruitment.
“I don’t think there would be a reason for them to deny it,” he said. “As a matter of fact, I know that justices have been very interested, as has the Bar, in increasing access to justice for litigants, and this is the perfect avenue for doing that.”
