Packed agenda awaits the Board of Governors at the end of July
Newly sworn President Scott Westheimer will be on his home turf in Sarasota on July 28 when he presides over his first Board of Governors meeting.
Westheimer and the board will begin the Bar year with a packed agenda.
High on the agenda are proposals to streamline the rule- development process and to create a new law student practice program.
A panel of mostly court rules committee chairs developed a Rule of General Practice and Judicial Administration Committee proposal to revise Rule 2.140 (Amending Rules of Court).
The proposal was prompted by a Bar consultant’s recommendations for expediting the process.
Orange County Judge Steve Jewett, the RGPJA chair, and other committee veterans want to ensure that moving more quickly doesn’t diminish the careful and thoughtful consideration embedded in the process.
However, Jewett noted the Supreme Court eliminated three-year reporting cycles in 2021 to boost efficiency, and said he considers the consultant’s review worthwhile.
“Perception is reality in many situations and certainly the Supreme Court has expressed a desire for things to move a little quicker from time to time, so I think it was a good idea on the Bar’s part,” he said.
One of the most significant changes would require the Board of Governors to weigh in at the beginning of the review process, when amendments are first publicly noticed, instead of voting to recommend acceptance, rejection, or amendment, as a final step before petitions are filed with the Supreme Court. The report also notes that a board vote to recommend rejection does not prohibit sponsors from filing the petition with the Supreme Court if they so choose.
Another significant change would eliminate a requirement that proposals be publicly noticed in the monthly print editions of the Bar News before they can be filed with the Supreme Court.
The public, and the legal community, would still have ample opportunity to review proposals, online and in print, but sponsors could eliminate the months-long delay that often occurs when a News print deadline is missed, supporters say.
In other action, the board will consider a Rules Committee proposal, requested by the Florida Public Defender Association, to create a new supervised practice program for recent law school graduates.
The proposed amendments to Rule 11-1.9 (Continuation of Practice Program After Completion of Law School Program or Graduation) would allow law school graduates to practice under the supervision of an attorney for up to a year while they await Bar admission.
The proposed amendment would add a subdivision that states: “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….”
Failure to take the next-available Florida bar exam, or failure of any portion of the bar exam on the second administration, if that becomes necessary, would terminate the certification.
“Essentially, it opens up all [law school graduates] to us, not just the ones who [completed] a student practice program,” Martinez said.
The proposal would help public defenders, state attorneys, and legal aid organizations deal with a crippling inability to attract new job applicants, Martinez said.
The board will also be asked to weigh an unrelated Rules Committee proposal to amend Standing Board Policy 15.10 (Waiver of Disqualification).
The proposed amendment would add “board members-elect” to a policy that prohibits board members from representing respondents in disciplinary matters.
Another proposed standing board policy change would prohibit board members and board members-elect from serving as expert witnesses for a respondent in disciplinary cases.
A staff analysis notes that serving as an expert witness would create the same conflict of interest for board members and members-elect as representing a respondent .
In other action, the Board of Governors:
- Is expected to approve a Member Benefits Committee recommendation to authorize “Member Benefits, Inc.,” the longstanding third-party administrator and broker for The Florida Bar Insurance and Retirement Programs, to add group excess personal liability options for personal and business coverage to the options available to Florida Bar members. “The addition of group excess liability options for personal and business will help round out the insurance options available within the program,” according to a staff analysis.
- Is expected to approve or renew various legislative advising service agreements between various law firms and The Florida Bar, the Elder Law Section, the Criminal Law Section, the Family Law Section, the Trial Lawyers Section, and the Workers’ Compensation Section.
