Attorney General Uthmeier’s proposal to bypass the Bar exam for government attorneys faces pushback.
Florida Attorney General James Uthmeier is pushing for a change to allow out-of-state government lawyers to practice in Florida for up to three years without taking the Florida Bar exam or undergoing a “character and fitness” evaluation.
The proposal, aimed at addressing significant attorney staffing shortages within state agencies, particularly his own office, is slated for consideration by the Bar’s Board of Governors today.
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Uthmeier, appointed in February, filed a petition with the Florida Supreme Court in May, seeking to add a new chapter to Bar rules and expedite the review process.
His office currently faces 61 vacant attorney positions out of 451. While the Supreme Court declined the request for expedited consideration, the Attorney General argues the change is crucial to attract experienced lawyers who might otherwise be deterred by the requirement of taking another bar examination.
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The Bar’s Rules Committee last month voted 6-2 to oppose the proposal. Current rules allow out-of-state lawyers in specific government roles to practice for up to a year if they are members of another state’s bar and have applied for admission to The Florida Bar.
However, Uthmeier’s petition contends that this is “insufficient to address the issues surrounding government lawyers.” It aims to “attract and encourage experienced, well-qualified lawyers from around the country to serve in Florida government.” Public defenders’ offices are explicitly excluded from the proposed plan.
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