The Florida Supreme Court has declined to adopt a proposal that would have allowed out-of-state attorneys to temporarily become Florida Bar members practicing in some Florida government offices.

The petition, advanced by the Attorney General’s Office, asked the court to add a new Chapter 22 to the Rules Regulating The Florida Bar, permitting certain state government lawyers to acquire certification to practice law in Florida for up to three years while employed by or mentored by a Florida Bar member.  Sponsors said the proposal was intended to address staffing shortages and ease barriers for experienced lawyers seeking public service.

But acting December 29 in In Re: Amendments to Rules Regulating The Florida Bar – Chapter 22, SC2025-1281, the unanimous court held that the limited certification program currently outlined in Rule 11-1.9 — which 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.”

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