Florida Bd. of Bar Examiners, In re, No. 54080

CourtUnited States State Supreme Court of Florida
Writing for the CourtPER CURIAM; ENGLAND
Citation361 So.2d 424
Docket NumberNo. 54080
Decision Date27 July 1978
PartiesIn re FLORIDA BOARD OF BAR EXAMINERS. In re CERTIFIED QUESTION FELONY CONVICTIONS FEDERAL YOUTH CORRECTIONS ACT.

Page 424

361 So.2d 424
In re FLORIDA BOARD OF BAR EXAMINERS.
In re CERTIFIED QUESTION FELONY CONVICTIONS FEDERAL YOUTH CORRECTIONS ACT.
No. 54080.
Supreme Court of Florida.
July 27, 1978.

Jerry B. Crockett, Chairman, Miami, and C. Graham Carothers, Tallahassee, for Florida Board of Bar Examiners.

PER CURIAM.

The Florida Board of Bar Examiners (the Board) has petitioned this Court for guidance in determining whether persons convicted of a felony under federal law, whose conviction is set aside pursuant to the provisions of the Federal Youth Corrections Act, 18 U.S.C. § 5005 et seq. are eligible to apply for admission into the Florida Bar Examination or for admission into The Florida Bar. We have jurisdiction to entertain this petition pursuant to Article V, Section 15, Florida Constitution.

In its petition, the Board notes that it has under consideration an application for admission to The Florida Bar submitted by a person who acknowledges having been convicted of embezzlement of United States mail which is a federal felony. The applicant alleged that he was thereafter placed on probation for one year pursuant to Title 18 U.S.C., § 5010(a), and that his conviction was subsequently set aside under the provisions of Title 18, U.S.C., § 5021(b), otherwise known as the Federal Youth Corrections Act. 1

Page 425

The Federal Youth Corrections Act is a congressional enactment which gives the court discretionary power to unconditionally discharge a youthful offender from probation prior to the expiration of the maximum period of probation, thus setting aside the conviction. Federal Youth Corrections Act, 18 U.S.C. § 5021. While the authorities which have entertained the effect of the Act appear disunited on whether it expunges the record of convictions, 2 all authorities seem to concur that the statute provides for the restoration of civil rights. Such conclusion is undoubtedly predicated upon the announced purpose of the bill which is

to make available for the discretionary use of the Federal judges a system for the sentencing and treatment of persons under the age of 22 years who have been convicted of crime in the United States courts that will promote the rehabilitation of those who in the opinion of the sentencing judge show promise of becoming useful citizens and so will avoid the degenerative and needless transformation of many of these young persons into habitual criminals. . . . The underlying theory of the bill is to substitute for...

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4 practice notes
  • Practice and procedure: Patent and trademark cases rules of practice; representation of others before Patent and Trademark Office,
    • United States
    • Federal Register December 12, 2003
    • 12 Diciembre 2003
    ...276 P.2d 596 (Calif. 1954); Florida Board of Bar Examiners Re: Certified Question--Felony Convictions--Federal Youth Corrections Act, 361 So.2d 424 (Fla. 1978); In re Majorek, 508 N.W.2d 275 (Neb. 1993); In re McLaughlin, 675 A.2d 1101 (N.J. 1995); and In re Davis, 403 N.E.2d 189 (Ohio 1980......
  • Part II
    • United States
    • Federal Register December 12, 2003
    • 12 Diciembre 2003
    ...276 P.2d 596 (Calif. 1954); Florida Board of Bar Examiners Re: Certified Question--Felony Convictions--Federal Youth Corrections Act, 361 So.2d 424 (Fla. 1978); In re Majorek, 508 N.W.2d 275 (Neb. 1993); In re McLaughlin, 675 A.2d 1101 (N.J. 1995); and In re Davis, 403 N.E.2d 189 (Ohio 1980......
  • In re Fla. Bd. of Bar Examiners Re Question Bar, No. SC11–2568.
    • United States
    • United States State Supreme Court of Florida
    • 6 Marzo 2014
    ...(and that section's predecessor, article V, § 23). See, e.g., Fla. Bd. Bar Exam'rs, 581 So.2d 895 (Fla.1991); In re Certified Question, 361 So.2d 424 (Fla.1978); In re Fla. Bd. Bar Exam'rs, 350 So.2d 1072 (Fla.1977); In re Question Certified by Fla. Bd. Bar Exam'rs, 265 So.2d 1 (Fla.1972); ......
  • Florida Bar v. Martinez, Case No. SC00-2221 (Fla. 6/9/2006), Case No. SC00-2221.
    • United States
    • United States State Supreme Court of Florida
    • 9 Junio 2006
    ...abide by the established admission rules, case law, and the procedures provided in Florida statutes. See In re Fla. Bd. of Bar Examiners, 361 So. 2d 424, 425 (Fla. 1978) (providing that an applicant who is convicted of a federal offense constituting a felony is ineligible for admission to T......
2 cases
  • In re Fla. Bd. of Bar Examiners Re Question Bar, No. SC11–2568.
    • United States
    • United States State Supreme Court of Florida
    • 6 Marzo 2014
    ...(and that section's predecessor, article V, § 23). See, e.g., Fla. Bd. Bar Exam'rs, 581 So.2d 895 (Fla.1991); In re Certified Question, 361 So.2d 424 (Fla.1978); In re Fla. Bd. Bar Exam'rs, 350 So.2d 1072 (Fla.1977); In re Question Certified by Fla. Bd. Bar Exam'rs, 265 So.2d 1 (Fla.1972); ......
  • Florida Bar v. Martinez, Case No. SC00-2221 (Fla. 6/9/2006), Case No. SC00-2221.
    • United States
    • United States State Supreme Court of Florida
    • 9 Junio 2006
    ...abide by the established admission rules, case law, and the procedures provided in Florida statutes. See In re Fla. Bd. of Bar Examiners, 361 So. 2d 424, 425 (Fla. 1978) (providing that an applicant who is convicted of a federal offense constituting a felony is ineligible for admission to T......

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