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Florida Supreme Court nixes proposal that…

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Florida Supreme Court nixes proposal that lets lawyers not take state bar exam

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The Florida Supreme Court recently struck down a proposal that would have allowed certain state government lawyers to practice in the state for three years without taking the Florida bar exam. (Image from Shutterstock)

The Florida Supreme Court recently struck down a proposal that would have allowed certain state government lawyers to practice in the state for three years without taking the Florida bar exam.

According to a News Service of Florida story published Dec. 30 in the South Florida Sun Sentinel, Florida Attorney General James Uthmeier’s proposal aimed to draw more lawyers to Florida from other states.

“In many cases, those lawyers forgo or leave much more lucrative employment in private practice to serve the public,” the story quotes from the Dec. 29 petition. “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.”

But the state bar objected to the proposal, including saying the move would violate part of the state constitution that gives the state supreme court exclusive jurisdiction over admissions to the bar, the story says, and would give authority to the executive branch, where the out-of-state attorneys could work in the offices of the governor or attorney general, as well as other Cabinet agencies.

In its one-paragraph order, the Florida Supreme Court stated that the 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,” the story says.