Supreme Court nixes Uthmeier lawyer proposal

TALLAHASSEE, Fla. - The Florida Supreme Court on Monday unanimously rejected a proposal by Attorney General James Uthmeier that would have allowed certain state government lawyers to practice in Florida for up to three years without taking the Florida Bar exam.

The backstory:

In a petition filed at the Supreme Court, Uthmeier argued the proposed change could help draw lawyers who are licensed in other states. The proposal said "lawyers enabled to practice by this proposed rule would represent sophisticated government clients, not the private clients that the Bar’s practice regulations have historically existed to protect."

"The purpose of the proposed amendment is to attract and encourage experienced, well-qualified lawyers from around the country to serve in Florida government," the petition said. "In many cases, those lawyers forgo or leave much more lucrative employment in private practice to serve the public. Importantly, moving to Florida and taking the Florida Bar examination is often a key impediment because of the timing of their government appointment and the dates the bar examination is given."

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The other side:

But the Bar objected to the proposal, including saying it would violate part of the state Constitution that gives the Supreme Court "exclusive jurisdiction to regulate the admission of persons to the practice of law." The Bar, in a document filed in September, said the proposal would give authority to the executive branch, where the out-of-state attorneys could work in places such as the governor’s office, the attorney general’s office and in other Cabinet agencies.

"While the bar shares a desire to ensure state agencies can effectively address attorney recruitment and retention challenges, and is sympathetic to these very real challenges, the structure and operation of (the proposal) run afoul of the text of the state Constitution and should therefore be denied," the September document said.

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Also, the Bar said the proposal would allow the out-of-state lawyers to practice without undergoing what is known as a "character and fitness evaluation" by the Florida Board of Bar Examiners.

What they're saying:

But Uthmeier, in an October response, disputed the Bar’s arguments, including saying that concerns about the lawyers’ competency, character and fitness are "misplaced."

"Opponents also suggest that government attorneys who have passed character and fitness reviews in another state but not in Florida could pose a danger to the public," Uthmeier’s response said. "An experienced attorney from out of state, however, poses far less risk to the public than a newly minted JD (juris doctor) who just passed the bar."

The Supreme Court, in a one-paragraph order Monday, said a current "certification" program that "requires a certified government lawyer to have applied for admission to The Florida Bar and to take the next available bar examination, strikes the appropriate balance between accommodating the government’s workforce needs and ensuring that those authorized to practice law in Florida possess the requisite knowledge of Florida law, technical skill, and moral character to do so."