Supreme Court of Florida

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No. SC15-176

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IN RE: AMENDMENTS TO RULES OF THE SUPREME COURT 

RELATING TO ADMISSIONS TO THE BAR.

[June 4, 2015]

PER CURIAM.

This matter is before the Court for consideration of an amendment to Rule of 

the Supreme Court Relating to Admissions to the Bar 1-21 (Membership) proposed 

by The Florida Board of Bar Examiners (Board). See Fla. Bar Admiss. R. 1-12.1 

After considering the Board’s proposal, rather than amending rule 1-21 as 

proposed, we adopt new rule 1-21.1 (Additional Members). 

Rule 1-21 currently provides that the “Florida Board of Bar Examiners 

consists of 12 members of The Florida Bar and 3 public members who are not 

lawyers.” The Board asks the Court to amend rule 1-21 to allow the Board to 

petition the Court for additional members to serve on the Board, as necessitated by 

 

1. We have jurisdiction. See art. V, § 15, Fla. Const.
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the Board’s fluctuating workload. According to the Board, having the option to 

request additional members will allow the Board to process applicant files in the 

most efficient manner possible. The Board recognizes that its workload may vary 

as the number of applicants fluctuates. Therefore, the proposed amendment to rule 

1-21 is intended to allow the size of the Board to expand when necessary, while 

allowing for a reduction to standard membership when the additional members’

terms end, if no replacement for the additional members proves necessary. In the

petition seeking to amend the rule, the Board also asks the Court to appoint two 

additional attorney members and one additional public member.

2

 

The Board’s general proposal to allow for additional Board members is well 

justified. However, the Board’s proposed rule amendment fails to include 

procedures for requesting additional members and for appointing specific public or 

attorney members once the Court approves adding members. The proposed rule 

amendment also fails to clarify the duration of the terms of the additional 

members. Therefore, rather than amending rule 1-21 as proposed, we adopt new 

rule 1-21.1 (Additional Members) to provide the necessary procedures, as follows:

1-21.1 Additional Members. The board may submit to the 

court a request for additional members to serve, as necessary. The 

request and appointee recommendations must be submitted in the 

 

2. Although the Board’s request for appointment of additional members

suggests terms of service for the additional members, it fails to include specific 

appointee recommendations. 
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same manner as appointee recommendations under rules 1-22.2 and 1-

23.2. The term of service of a member appointed under this rule will 

be as provided in rules 1-22.3 and 1-23.3 or as otherwise approved by 

the court. 

We also decline to address the Board’s request for appointment of additional 

members in this rules case.

Accordingly, we amend the Rules of the Supreme Court Relating to 

Admissions to the Bar as set forth in the appendix to this opinion. New language is 

indicated by underscoring. The amendment shall become effective immediately 

upon the release of this opinion. The Board may submit its request for additional 

members and appointee recommendations to the Court in accordance with new rule

1-21.1.

It is so ordered.

LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, 

and PERRY, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE 

EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Rules of the Supreme Court of Florida Relating to 

Admissions to the Florida Bar 

Daryl M. Manning, Chair, Michele A. Gavagni, Executive Director, and Robert G. 

Blythe, General Counsel, Florida Board of Bar Examiners, Tallahassee, Florida, 

for Petitioner
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APPENDIX

1-20 Florida Board of Bar Examiners.

1-21 Membership. The Florida Board of Bar Examiners consists of 

12 members of The Florida Bar and 3 public members who are not lawyers. 

1-21.1 Additional Members. The board may submit to the court a 

request for additional members to serve, as necessary. The request and 

appointee recommendations must be submitted in the same manner as 

appointee recommendations under rules 1-22.2 and 1-23.2. The term of 

service of a member appointed under this rule will be as provided in rules 1-

22.3 and 1-23.3 or as otherwise approved by the court.