BOARD TO CONSIDER BROAD RANGE OF BAR RULE, POLICY CHANGES

Board of Governors seal The Florida Bar Board of Governors will consider a raft of proposed changes affecting Bar sections, grievance committees, appellate proceedings, and continuing legal education when it meets October 2 in Miramar Beach.

One of the proposals would establish new requirements governing Florida Bar sections. The proposed changes are part of a comprehensive review of committees, sections, and divisions that Bar President Michael Fox Orr announced in July with the goal of streamlining Bar operations.

Under proposed changes to Standing Board Policy 5.57, groups seeking to become Bar sections would have to demonstrate that at least 1.5% of Bar members in good standing have expressed interest in joining and paying dues, an increase from the current 1% threshold.

A proposed new Standing Board Policy 5.58 would establish continuing requirements for existing sections. Each section would have to maintain membership equal to at least 1% of Bar members in good standing and maintain sufficient funds, after existing obligations, to cover the following fiscal year's Bar management fees.

Sections failing to meet those requirements by August 15 of each year would have until February 15 of the following year to become compliant. Failure to meet the requirements would result in the section being sunset at the end of that fiscal year.

Discipline and Appellate rules

Amendments to Rule 3-7.7 would update procedures for requesting an oral argument before the Supreme Court to conform with the Florida Rules of Appellate Procedure.

A first reading is anticipated for changes to Rule 4-8.2 Judicial and Legal Officials, removing “candidates for election or appointment to judicial or legal office” from the rule in response to comments of some Florida Supreme Court justices in a recent Bar discipline case.

The board also will consider changes to Rule 6-3.6 addressing recertification in the Bar’s board certification program. The proposal would specify that CLE requirements are not waivable for recertification and clarifying that law clerks, staff attorneys, general counsels, and others who are not members of the judiciary do not meet the rule's definition of judicial service for recertification purposes. It also would create a waiver provision for members of the judiciary.

Among the final-action items are:

Rule 1-7.3 Membership Fees and Rule 20-4.1 General — changes deadlines from postmark to receipt;

Bylaw 2-3.5 Nomination of Members — lengthens terms for public members to up to four years;

Rule 3-3.4 Grievance Committees — would automatically remove grievance committee members who elect inactive status or retire, or against whom probable cause is found or discipline is imposed; and,

Standing Board Policy 8.10 Amicus Curiae Filings — would clarify filing entity and process for review and action, responses, or comments.

First readings

Among other items anticipated for first reading is a proposed new Chapter 22 for authorized nonprofit cancer clinical research trial practitioners. The Rules Committee voted 6-0 on August 5 to advance the proposal put forth by the Moffitt Cancer Center in Tampa. Moffitt says nine out of 10 lawyers currently providing those services for the center are not members of The Florida Bar. For more details, see the related Bar News article, Proposal would allow out-of-state lawyers to support Florida cancer clinical trials.

The board will also consider several items related to the Board of Legal Specialization and Education, related to fees, grants, certification policies, and examination administration. Decisions for fee waivers would be placed under the purview of the Bar’s executive director and a reference to “diversity” would be removed from grant policy. A proposed amendment to BLSE Policy 5.08 would expand CLE credit to attorney judges, presenters, and coaches participating in secondary, post-secondary, and law school trial and appellate demonstrations and moot court events.

Proposed rule amendments approved by the Board of Governors are sent to the Florida Supreme Court for final consideration. Amendments to section bylaws and standing board policies become final upon Board of Governors action.

Appointment opportunities also approaching

The board also is moving toward several appointments that will be made at its December meeting, including seats on the Florida Judicial Qualifications Commission and Justice Administrative Commission. The deadlines for those applications are approaching.

Florida Judicial Qualifications Commission – 6-year term beginning January 1, 2027. Applications are due by the close of business October 12

Justice Administrative Commission – due October 26

Florida Realtor-Attorney Joint Committee – due October 26

Florida Rural Legal Services Inc. Board of Directors – due October 26

The Board of Governors is scheduled to make those appointments at its December meeting.

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