Citing a staffing shortage, Attorney General James Uthmeier is seeking a new way for out-of-state government lawyers to practice in Florida for up to three years without having to take The Florida Bar exam or undergo a "character and fitness" evaluation.
The Bar's Rules Committee last month voted 6-2 to oppose the proposal, which is slated to be considered Friday by the Bar's Board of Governors at a meeting in Palm Beach.
Uthmeier, appointed as attorney general by Gov. Ron DeSantis in February, filed a petition with the Florida Supreme Court in May seeking to add a new chapter to rules regulating the Bar and asking the court for a waiver so consideration of the proposal could be expedited.
Uthmeier's request for the rushed procedure said his office is experiencing "significant attorney staffing shortages, as are other agencies" that would be affected by the proposal. The court declined to issue the waiver.
The proposal would permit "certain state government lawyers" to acquire certification to practice law in Florida for a period of up to three years "while employed by or mentored by" a member of The Florida Bar. Public defenders' offices are excluded from the plan.
The petition said Uthmeier's "staffing needs are pronounced," with 61 out of 451 attorney positions vacant.
"Qualified and experienced lawyers certified under this proposed amendment would provide the state, and the judiciary, with an obvious benefit. They would continue to uphold, and could even enhance, the high level of advocacy that the people of Florida deserve from their government. The Office of the Attorney General is particularly eager to find experienced, talented, and high-character attorneys from other states to perform excellent legal work on behalf of the state," the petition said.
Current rules restrict out-of-state lawyers from engaging in general practice before Florida courts. Employees of the attorney general, state attorneys, public defenders and state offices that represent Death Row inmates can practice for up to a year if they are members of the bar in another state and have applied for admission to The Florida Bar, according to the petition. The time period could be extended if they have passed the exam and are awaiting character and fitness test results.
"That certification, however, is insufficient to address the issues surrounding government lawyers," Uthmeier's petition argued.
The change is intended to "attract and encourage experienced, well-qualified lawyers from around the country to serve in Florida government. In many cases, those lawyers forgo or leave much more lucrative employment in private practice to serve the public," the petition said.
Moving to Florida and taking the Bar exam "is often a key impediment" to potential government lawyers, according to Uthmeier's proposal.
"Merely being required to take another bar examination is frequently a deterrent to experienced, well-qualified lawyers who have practiced with distinction in other jurisdictions and now wish to serve as a lawyer in Florida's government. Indeed, preparing and studying for the bar while employed as a government lawyer can seriously impede the attention that lawyer can devote to his or her critical governmental duties," the petition said.
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