Petition of Florida State Bar Ass'n

• Decision Date: 08 January 1938
• Citation: 186 So. 280,134 Fla. 851
• Court: Florida Supreme Court
• Parties: Petition of FLORIDA STATE BAR ASS'N et al.

186 So. 280

134 Fla. 851

Petition of FLORIDA STATE BAR ASS'N et al.

Florida Supreme Court

January 8, 1938

On Rehearing Oct. 13, 1938.

Proceeding in the matter of the Petition of the Florida State Bar Association and others for consideration by the Supreme Court of Florida of proposed rules for regulation of the bar heretofore filed and submitted.

Petition denied, except as to one subparagraph of a proposed rule, and that subparagraph, as restated in opinion, granted.

On Rehearing.

TERRELL, Justice.

February 24, 1937, the Florida State Bar Association, the Committee on Legal Education and Admissions to the Bar, the Executive Council, the Junior Bar Section, and the Committee on Unification of the Bar of the Florida State Bar Association filed in this court a petition praying for the adoption of rules to regulate, or as termed by some of the briefs, to integrate the bar of this state. Rules to effectuate the prayer of the petition were attached to and made a part of it.

The petition alleges that the preparation of the proposed rules was directed by the Florida State Bar Association at its annual meeting in the spring of 1936; that they were in fact prepared by a committee composed of representatives from the Committee on Unification of the Bar, the Junior Bar Section the Committee on Legal Education and Admissions to the Bar the Committee on Professional Ethics and Grievances, and the Committee on Unauthorized Practice of the Law of the Florida State Bar Association; that all said committeemen collaborated in the preparation of said rules after extended consultation and after thorough examination of the decisions and statutes of this and other states regulating the subject-matter. Said proposed rules were published in the December issue of the Florida Law Journal, page 355, copy of which was mailed to each member of the Association, and are as follows:

'Rule I

'Canons of Ethics

'The Canons of Professional Ethics and the Canons of Judicial Ethics heretofore adopted by the American Bar Association and herein set forth are declared to be the measure of the conduct and responsibility of the members of the Bar of this Court and of the Judges of this State over whom this Court has superintending control, and the disciplinary power of the Courts of this State may be invoked for the intentional violation thereof.

'(Here will follow in detail the official Canons of Ethics of the American Bar Association.)

'Rule II

'1. Effective from and after the 15th day of August, 1937, there is hereby established a Commission of Law Examiners to be appointed by this Court who, in behalf of this Court and subject to its approval and control, shall administer its rules governing admission to the Bar of the State of Florida.

'2. The Commission of Law Examiners shall consist of five members of the Florida Bar, one from each congressional district of the State, one of whom shall be designated by this Court as the Chairman thereof, and each of whom shall serve during the pleasure of the Court without compensation except for actual expenses in the performance of his duties. It is hereby declared to be the purpose of the Court in selecting the members to constitute the first Commission hereunder to make appointments from the present membership of the existing statutory Board of Law Examiners so far as this may be feasible.

'3. The said Commission of Law Examiners shall have the power to make and adopt all reasonable rules and regulations designed to facilitate the administration of the rules of this Court governing admission to the Bar.

'4. Admission to the Bar shall be only after satisfactory passage of an examination conducted by the said Commission and designed to determine the moral character and fitness of the applicant, and his legal attainments; and certificate of admission shall be issued only by this Court.

'5. Until the 15th day of August, 1939, graduates of law schools of chartered universities conducted in this State which maintain a course of study heretofore approved by this Court shall be entitled to a certificate of admission without examination as to legal attainments.

'6. Every application shall be made in writing on a form to be prescribed by the Commission, and shall be filed with the Commission, together with a fee of $25.00, at least six months prior to the examination. Each application show to the satisfaction of the Commission:

'(a) That the applicant is over the age of twenty-one years; is a citizen of the United States; and has been a citizen and resident of the State of Florida for at least six months immediately prior to the filing of the application.

'(b) That the applicant is a graduate of a standard high school, or its equivalent, and has completed two years of college work, or such work as would be accepted for admission to the third or junior year in any recognized college in the State of Florida; has satisfactorily completed a three year course of study in a standard law school holding regular daytime sessions, or has satisfactorily completed a four year course of study in a standard law school holding regular late afternoon or nightime sessions.

'(c) Such other data as the Commission shall require.

'7. After the Commission first shall have determined to its satisfaction that the applicant is of good moral character, it shall examine the applicant concerning his legal attainments. For this purpose, the Commission shall hold one annual examination beginning on the second Monday in July and continuing for a period of not less than three nor more than five days.

'Rule III

'1. There is hereby established a Supreme Court Commission of the Florida Bar to consist of one member from each Judicial Circuit of the State, to be appointed by this Court, who shall serve without compensation except for actual expenses incurred in administering these rules. Each member shall serve for a term of three years and until his successor takes office. The first Commission shall be appointed so that five members shall serve for one year, five for two years and five for three years as designated by this Court and, thereafter, appointment shall be for a term of three years.

'2. Said Commission shall be the administrative agent of this Court for the purpose of enforcing and administering these rules and subject to the supervision and approval of this Court shall have the powers and corresponding duties:

'(a) To select a Chairman from among its members and a Secretary-Treasurer.

'(b) To make such rules and regulations as may be necessary and proper to carry out the purpose and intent of these rules, including rules and regulations for the government and control of the Circuit Commissions hereinafter established.

'(c) To receive, handle, and disburse all funds provided for in these rules.

'(d) To initiate and conduct investigations and take appropriate action in the same manner and with the same powers as is prescribed for the Circuit Commissions.

'(e) To report its activities annually or oftener to this Court.

'(f) To do and perform such other duties as may be prescribed by this Court from time to time.

'3. There is hereby established in each Judicial Circuit of the State a Circuit Commission of from three to seven practicing lawyers (the number of which need not be the same in every circuit) to be appointed by this Court upon recommendation of the Supreme Court Commission of the Florida Bar, each appointment to be for a period of three years, except that the first members of said Circuit Commissions shall be appointed for such terms that there will be a majority of hold over members each year thereafter.

'(a) Said Circuit Commissions shall investigate all complaints of professional misconduct of lawyers at the bars of such circuits and of unauthorized practice of law therein and shall have power to initiate such investigations.

'(b) Said Circuit Commissions shall have power to summon and examine witnesses under oath and to compel their attendant and to compel the production of books, papers, and other documentary evidence. Any refusal to comply therewith shall be reported to the Circuit Court of said Circuit or to this Court for appropriate action thereon.

'(c) If from its investigation a majority of any such Circuit Commission shall determine that action by the Court is appropriate or advisable, then in each such case it shall make a report of the testimony, evidence, and findings, containing a brief statement of the substance of the charge, together with its recommendations thereon to the Circuit Court; provided that no such report shall be made unless and until the accused shall have had an opportunity to appear before the Circuit Commission after at least ten days notice thereof, personally, or, if absent or evasive, in such manner as may be prescribed by this Court, and to present to said Circuit Commission any evidence in his behalf. If the accused shall disregard the notice of such hearing the matter shall proceed ex parte.

'4. Upon receipt of such report and recommendation of the Circuit Commission, the Court shall immediately issue thereon a rule to show cause directed to the accused, returnable to a day certain, which said rule shall briefly state the charges against the accused and the recommendation of the Circuit Commission and shall require the accused to show cause before the Circuit Court why the recommendation of said Circuit Commission should not be made effective. All defenses, both in fact and in law, must be set up and in an answer to said rule, which shall be verified by the accused under oath and filed within fifteen days after service of the rule shall have been made unless the time shall be further extended by the Court. No other pleadings...