In re Amendments to the Rules Regulating the Fla. Bar—Rules 11-1.3 & 11-1.9 (Biennial Petition), SC16–1963

• Citation: 214 So.3d 1232 (Mem)
• Decision Date: 13 April 2017
• Docket Number: No. SC16–1963,SC16–1963
• Parties: IN RE: AMENDMENTS TO the RULES REGULATING THE FLORIDA BAR—RULES 11–1.3 AND 11–1.9 (BIENNIAL PETITION).
• Court: Florida Supreme Court

214 So.3d 1232 (Mem)

IN RE: AMENDMENTS TO the RULES REGULATING THE FLORIDA BAR—RULES 11–1.3 AND 11–1.9 (BIENNIAL PETITION).

No. SC16–1963

Supreme Court of Florida.

[April 13, 2017]

John F. Harkness, Jr., Executive Director, William J. Schifino, Jr., President, Michael J. Higer, President-elect, Gordon J. Glover, Young Lawyers Division President 2015–16, Lori S. Holcomb, Director, Division of Ethics and Consumer Protection, and Elizabeth Clark Tarbert, Ethics Counsel, The Florida Bar, Tallahassee, Florida, for Petitioner

PER CURIAM.

This matter is before the Court for consideration of proposed amendments to the Rules Regulating the Florida Bar (Bar

214 So.3d 1233

Rules). We have jurisdiction. See art. V, § 15, Fla. Const.

The Florida Bar (Bar) has filed its biennial petition proposing amendments to Bar Rules 11–1.3 (Requirements and Limitations) and 11–1.9 (Continuation of Practice Program After Completion of Law School Program or Graduation), regarding certified legal interns. Pursuant to Bar Rule 1–12.1(g), the Bar published formal notice of its intent to file a petition recommending these amendments in The Florida Bar News . This notice was published on September 1, 2016, and allowed interested persons thirty days after the filing of the Bar's petition to provide comments to the Court. No comments were filed with the Court.

BACKGROUND

In September 2003, The Florida Bar's Special Board Committee to Study the Law School Practice Program (Committee) undertook the task of reviewing and studying Chapter 11 of the Rules Regulating the Florida Bar for the purpose of suggesting possible amendments to the rules governing the Law School Practice Program in order to address certain perceived shortcomings. See In re Amends. to R. Regulating Fla. Bar re Chapter 11 Task Force , 964 So.2d 690 (Fla. 2007). In June 2005, the Committee submitted three proposed revisions to Chapter 11 to the Court for its consideration, one of which was a proposal to amend rules 11–1.3 and 11–1.9 to require law school students and graduates wishing to participate in a certified legal intern program to apply for admission to The Florida Bar and obtain a letter of initial clearance as to character and fitness from the Florida Board of Bar Examiners as a prerequisite to participation. Id. at 691. At that time, multiple comments were filed opposing this change; however, the Florida Board of Bar Examiners supported the amendments. Ultimately, the Court adopted a modified version of the proposal which required registration as a certified legal intern registrant and receipt of a "letter of clearance as to character and fitness from the Florida Board of Bar Examiners." Id. at 692. This change was applied prospectively only to law school students entering a law school practice program on August 1, 2008, or later. Id. at 694. In its opinion, the Court stated:

Under the current versions of rules 11–1.3(a) and 11–1.9(b), the analysis of an applicant's character and fitness has been the responsibility of the applicant's law school dean and the agency or office where the applicant applies to serve. In the past, this has led to a wide disparity in the quality and quantity of the background investigations conducted and very serious problems. Not surprisingly, this resulted in some persons being approved for participation who, because of disqualifying or other negative incidents in the past, should not have

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