Amendments to the Rules of the Supreme Court Relating to Admissions to the Bar (695 So. 2d 312, 1997)

PER CURIAM.

The Florida Board of Bar Examiners petitions this Court to consider amendments to the Rules Relating to Admissions to the Bar. We have jurisdiction pursuant to article Y, section 15 of the Florida Constitution. We approve the proposed amendments as set forth in the attached appendix.

The Board seeks approval of the following administrative changes related to reorganization of the rules: to rename the rules “Rules of Admission to The Florida Bar”; to replace the current configuration of seven articles with five rules; and to eliminate current separate articles on Registration of Law Students (Article II) and Schedule of Fees (Article V) and incorporate these provisions into the appropriate provisions of the proposed rules. The Board also seeks approval of a number of substantive changes and deletions, some of which are discussed in detail below.

A notice of the proposed rule changes was published in The Florida Bar News on November 15, 1996. The proposed rules were placed on the Court’s Internet location. The deadlines for comments to be filed with the Court was December 16,1996.

The only comment was filed by Bar member Gerald T. Bennett, who asserts that the rules relating to formal hearings and appeals from decisions of the Board do not provide applicants with adequate due process protections and do not provide this Court with a sufficient record on which to review the Board’s action. Specifically, Bennett argues that proposed rules 3-23 and 3-23.1 are deficient in the following ways: they do not limit the evidence that the Board may consider in assessing the fitness of an applicant to evidence produced at the formal hearing; do not specify what must be contained in “Specifications” filed against an applicant; do not provide for prehearing discovery; and do not guarantee an applicant the right to be heard or be present at the formal hearing or to be represented by counsel.

While the rules may not speak directly to these procedural safeguards specified by Bennett, we note that applicants are afforded these due process rights. See Florida Bd. of Bar Exam’rs Re Interpretation of Article I, Section 14d, 581 So.2d 895, 897 (Fla.1991) (recommendation that applicant’s admission be denied can only be based on record evidence produced at formal adversary hearing held in response to filing of specifications; applicant is entitled to representation by counsel, cross-examination of witnesses, presentation of witnesses and evidence on applicant’s behalf, access to Board’s subpoena powers, timely release of witness and exhibit lists by board attorney, disclosure of any exculpatory information in Board’s possession, and disclosure of any prior statement of individual appearing on Board’s witness list). Moreover, every set of specifications served upon a Bar applicant includes an attachment entitled “Procedures for formal hearings before the Florida Board of Bar Examiners,” which describes in detail the rights of an applicant appearing for a formal hearing. These rights include all of the procedural safeguards noted by Bennett. Thus, we find that Bennett’s concerns are addressed in practice. However, we ask the Board to review the matter at its next policy session to determine whether some reference to its formal hearing procedures should be incorporated in the rules.

Bennett also requests that the administrative fee assessed for formal hearings be refunded to the applicant if the specifications are found to be unsubstantiated. We find such a refund to be unwarranted. The Board does not proceed haphazardly to a formal hearing. Before specifications are filed against an applicant, the Board conducts a thorough investigation and holds an informal hearing. The Board only conducts a formal hearing in those cases where the applicant’s fitness and character are in question. The administrative fee paid by the applicant represents only a portion of the actual cost of conducting a formal hearing. See Florida Bd. of Bar Exam’rs Re Amendments to the Rules, 676 So.2d 372, 381 (Fla. 1996). This Court approved the administrative fee in 1996 in response to the burgeoning number of formal hearings — more than a 100 percent increase in a five-year period — and the costs associated with that increase. Id. at 391-92. Thus, the Board’s expenditures are more fairly apportioned to those applicants whose background investigations have induced the increased costs. Even where an applicant is admitted to the Bar after the formal hearing due to mitigating circumstances or proof of rehabilitation, the formal hearing was still necessary and the associated costs have already been incurred. Thus, we will not authorize a refund of the administrative fee.

Bennett also expresses concerns about proposed rule 3-10, which addresses appeals to this Court from a decision of the Board. Bennett contends that the Board considers evidence other than that submitted at the formal hearing, resulting in an inadequate record on appeal. However, as discussed above, only evidence produced at the formal hearing may be considered by the Board in rendering its decision. See Florida Bd. of Bar Exam’rs, 581 So.2d at 897. Thus, there is no inadequacy in the record before this Court on appeal.

The Board has also petitioned to implement the following substantive changes that do not merit detailed discussion: rule 1-13 (affirms the Court’s exclusive jurisdiction over Bar admission rules; states current practice that petition must be filed with Court regarding any .proposed amendment to rules); rule 1-16 (conforms the rules to Board’s current practice of making recommendations to the Court following each Board meeting); rule 1-34 (clarifies restrictions placed upon Board members during their tenure); rule 1-52 (deletes reference to Office of Auditor General as one of two sources for audit of Board’s books of account; audit has historically been performed by certified public accountant); rule 1-63.1 (permits Board, upon request, to confirm that particular individual is Bar applicant and date of admission of an attorney); rule 2-11.2 (replaces “contracts” for “corporate charters” as samples to be included in applicant’s representative compilation of work product (RCOWP)); rule 2-11.2(a) (changes deadline for filing RCOWP from ninety days prior to administration of general bar examination to the filing deadline for the examination; RCOWP must be filed complete with all supplemental information by this deadline to be considered timely filed); rule 2-11.2(b) (deletes former requirement that applicant filing RCOWP must show “high character” as that is best determined by Board’s background investigation; instead requires that applicant have “reputation for professional competency above reproach”; specifies items that must be submitted to confirm compliance with this requirement); rule 2-13.5 (deletes prohibition against person previously found unqualified for admission by the Board to make application for general bar examination; this is consistent with policy of sequential admission by which decisions related to character and fitness are separated from submission to examination); rule 2-14 (streamlines procedure by which applicants can seek readmission after previously being re-fused favorable recommendation by Board; after designated disqualification period, applicant can file reapplieation directly with Board without petitioning the Court); rule 2-24 (provides that applicants may deduct the amount paid for application forms from any application fee paid within one year from the form fee payment, provided that the deduction is taken at the time of the application fee; otherwise the Board will not issue a separate refund); rule 2-26.5 (clarifies the manner in which fees are determined); rule 3-ll(g) (changes current language that the “neglect of financial responsibilities” is disqualifying conduct to provide that “financial irresponsibility” is disqualifying conduct); rule 3-14.1 (details what items constitute a complete bar application; deletes requirement that naturalized citizens whose name was changed at naturalization provide satisfactory evidence of naturalization and name change); rule 3-14.4 (clarifies that amendment to application is timely filed if filed within thirty days of occurrence being reported); rule 3-14.6(b) (formally codifies Board’s longstanding practice to cancel registration of any registrant who fails to respond to Board inquiries within 120 days); rule 3-17.3 (clarifies when additional $125 fee will be assessed against registrant for extraordinary expenses incurred by Board in conducting background investigation); rule 3-23 (codifies Board’s long-standing practice of requiring sworn answer to specifications); rule 3-23.2 (codifies Board’s policy that admissibility of polygraph examination results shall be in accordance with Florida law); rule 3-23.6 (details the options available to the Board following a formal hearing; deletes provision whereby Board could petition Court to extend investigation for up to one year after formal hearing as this option is fully covered by rule 3-23.6(c)); rule 3-40.2 (notifies applicants of right to seek redress in Supreme Court if Board has not concluded its investigation within nine months of submission of completed application; added in response to recommendation by the Bench/Bar Commission); rule 4-16.1 (requires Board to produce a study guide to assist applicants in preparing for Part A of general bar examination; guide will include copies of sample answers to past essay questions and copies of past multiple-choice questions); rule 4-17 (notifies applicants of availability of special testing accommodations, what action they must take to request such accommodations, and the deadlines for such requests); rule 4-18.2 (provides that applicant’s successful completion of bar examination shall remain valid for five-year period calculated from “date of examination” rather than “date of notice of successful completion of examination”; new date will be easier to administer as it involves single, fixed date; permits Board to waive five-year re-examination requirement for “good cause” shown by applicant); rule 4-25 (replaces current descriptions of two methods of submission to bar examination with descriptive phrases “Overall Method” and “Individual Method”); rule 442.3 (notifies applicants seeking special testing accommodations that such requests and the filing of supporting documentation are subject to standard examination filing deadlines); rule 442.4 (due to increasing number of requests for special testing accommodations, establishes February 1 and July 1 deadlines after which such requests will not be considered); rule 4-64 (provides that examination results will be invalidated if applicant fails to establish that law school graduation requirements were completed prior to submitting to the examination; current rule provides for the impoundment of the examination grades of such applicants while revised rule would allow applicants to be advised of their scores); and rule 5-13.2 (codifies Court-approved fee for Certificate of Admission to be printed and engraved with applicant’s name and Oath of Attorney suitable for framing). Consistent with these substantive changes and the reorganization of the rules, the Board has also petitioned to delete several sections of the current rules.

Having reviewed the Board’s petition and the proposed amendments, we hereby amend and adopt the rules as reflected in the appendix to this opinion. However, we do not amend the name of the rules as the Board requested. The rules shall continue to be entitled “Rules of the Supreme Court Relating to Admissions to the Bar.” Underscoring indicates new language; strike-through type indicates deletions. These rules shall take effect upon the release of this opinion.

It is so ordered.

KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.

Appendix

RULES OF THE SUPREME COURT RELATING TO ADMISSIONS TO THE BAR

ARTICLE I, - FLORIDA BOARD

OF BAR EXAMINERS

RULE 1. GENERAL

1-10 Authority and Mission

Section -1.1-11 Introduction. The admission of attorneys to the practice of the profession of law is a judicial function. All individuals who seefe-the privilege-of practicing law in the-State-of Florida shall-submit-to the Florida Bar Examination.

1-12 Florida Board of Bar Examiners. The Florida Board of Bar Examiners is an administrative arm of the Supreme Court of Florida created by the Court to handle matters relating to bar admission.

1-13 Rules. The Rules of the Supreme Court Relating to Admissions to the Bar are reviewed, approved and promulgated by the Supreme Court of Florida. Modifications to the Rules require the filing of a petition with the Supreme Court of Florida and subsequent order by the Court.

1-14 Background Investigations

1-14.1 Purpose. The primary purpose of the character and fitness screening before admission to The Florida Bar are to protect the public and safeguard the judicial system.

1-14.2 Responsibility. The Board shall ensure that each applicant has met the requirements of the Rules with regard to character and fitness, education and technical competence prior to recommending an applicant for admission.

1-15 Bar Examination

1-15.1 Purpose. The primary purpose of the bar examination is to ensure that all who are admitted to The Florida Bar have demonstrated minimum technical competence.

1-15.2 Responsibility. The Board shall be responsible for the preparation, grading and conducting of written examinations, and members thereof shall be willing and available to discuss with applicants general problems regarding the purposes, policies, and procedures of the examination.

1-16 Admission Recommendations. Following each of its meetings, the Board shall recommend the admission of every applicant who has compliéd with all the requirements of the applicable rules, who has attained passing scores on the examination, and who has demonstrated the requisite character and fitness of an applicant for admission.

1-20 Florida Board of Bar Examiners

Section 2. 1-21 Membership. There is hereby created a The Florida Board of Bar Examiners consisting consists of twelve members of The Florida Bar and three non-lawyer members of the general public who are not lawyers.

a. — Attorney Members of the Board. As the terms of the-attorney-members expire, all appointments shall be -for no mere than five years, and any vacancy^ occurring during any term shall be-filled by-appointment. — No attorney appointed by the Court as -a result of a vacancy occurring during a term-shall be appointed for more than five years,-and the term-of all such appointments shall-be extended to October 3-1 of the-last year-of such temu

1-22 Attorney Members

1-22.1 Qualifications. Attorney members shall be practicing attorneys with scholarly attainments and an affirmative interest in legal education and the requirements for admission to the Bar. Attorney members shall have been members of The Florida Bar for at least five years.

1-22.2 Appointments. The Board of Governors of The Florida Bar shall submit to the Court not less than ninety days prior to the expiration of the term of any attorney member of the Board, and in case of a vacancy, within ninety days thereafter, a group of three recommended appointees.

1-22.3 Term of Service. Appointments shall be for no more than five years and the term of all such appointments shall be extended to October 31 of the last year of such term. Any vacancy occurring during any term shall be filled by appointment. No attorney appointed by the Court as a result of a vacancy occurring during a term shall be appointed for more than five years.

h, — Public Members of-the Board. — AÜ appointments of public members shall- be for no more than three years, and any vacancy occurring during-any term shall be filled by appointment. — No public member appointed by the-Court as a result of a vacancy- occurring during a term shall-be appointed for-more-than three-years, and the term of all such appointments shall be extended to October 31 of the last year of such term-

1-23 Public Members

1-23.1 Qualifications. Public members shall not be lawyers and shall have an academic Bachelor’s Degree. It is desirable that public members possess educational or work-related experience of value to the Board such as educational testing, accounting, statistical analysis, medicine, psychology, or related sciences.

1-23.2 Appointments. A joint committee composed of three members of the Board and three members of the Board of Governors of The Florida Bar shall submit to the Court not less than ninety days prior to the expiration of the term of any public member of the Board, and in the case of a vacancy, within ninety days thereafter, a group of three recommended appointees.

1-23.3 Term of Service. Appointments shall be for no more than three years and the term of all such appointments shall be extended to October 31 of the last year of such term. Any vacancy occurring during any term shall be filled by appointment. No public member appointed by the Court as a result of a vacancy occurring during a term shall be appointed for more than three years.

e. — Beard Members Emeritus. — Following-the completion of their termsr-members of the Board shail-be designated as Board Members Emeritus; — To assist the Board in fulfilling its investigative and -adjudicatory functions,-a Boardr-Member Emeritus-is-authorized to participate as a member of an investigative or formal hearing panel as provided-by Article-I-II, Sections 3.a. and f. A majority of the members of a formal hearing panel shall consist-of-current members of the Beard- At least one member of an-investigative hearing panel-shall be a current-member of the Board. All-recommendations of-investigative hearing panels must be approved by a-quorum-of the -current Board. — To be eligible-to serve on a hearing panel, a Board Member Emeritus-shall be in compliance with the provisions-of Article I,- Section 3.e.

1-24 Board Members Emeritus

1-24.1 Eligibility. Following the completion of their terms, members of the Board shall be designated as Board Members Emeritus. To be eligible to serve, a Board Member Emeritus shall be in compliance with Rule 1-34.

1-24.2 Purpose. To assist the Board in fulfilling its investigative and adjudicative functions, a Board Member Emeritus is authorized to participate as a member of an investigative or formal hearing panel as provided by Rule 3-22 and 3-23.2. A majority of the members of a formal hearing panel shall consist of current members of the Board. At least one member of an investigative hearing panel shall be a current member of the Board. All recommendations of investigative hearing panels must be approved by a quorum of the current Board.

1-25 Officers

1-25.1 Vice Chair. During the Board meeting preceding November 1 of each year the Board shall designate a Vice Chair who shall hold office for a period of one year beginning on November 1, Such designation shall be determined by majority vote. In the event of an irreconcilable tie vote, such fact shall be certified to the Supreme Court, and it shall designate the Vice Chair for the next year.

1-25.2 Chair. On November 1 of each succeeding year the previously elected Vice Chair shall automatically be elevated to the office of Chair for a period of one year beginning November 1 following service as Vice Chair.

1-26 Liaison Committee

1-26.1 Purpose. A permanent committee to coordinate the work of the Bench, Bar, law schools and bar examiners is established to make recommendations to the Court.

1-26.2 Membership. Such committee shall consist of two members of the Supreme Court to be designated by the Court, two members of the Board of Bar Examiners to be designated by the Board, two members of The Florida Bar to be designated by the Board of Governors of The Florida Bar, the Deans of all accredited Florida law schools or colleges, and such law student representation as the Court may designate.

1-26.3 Scheduling Meetings. The committee shall convene at the pleasure of the committee members from the Supreme Court, one of whom shall be the presiding officer.

1-27 Office Location. The offices of the Board shall be maintained in Tallahassee, Florida.

Section-3. — The- Board of Governors of -The Florida Bar shall-submit to the Court not less than thirty- days-prior to the expirar tion of the term-o-f any attorney member of the Board, and in case of a vacancy, within thirty days thereafter ,-its-recommendations with respect to-appointees, — Such-group-of recommended appointees shall be thrice the number to be appointed.

A joint committee composed of three members of the Board and three members of-the Board of Governors of The-Florida Bar shall submit to the Court not less than-thirty-days-prior to the expiration of the term of any public member of the Board, and in-the case of- a vacancy,--within thirty days thereafter? its recommendations with respecb-to appointees, — Such group of recommended appointees shall be thrice the -number to be-ap-pointedr

The following provisions will be pertinent in - connection with the nominations-to membership-on the Board:

a, — Qualifications.—Attorney—members shall be practicing- attorneys with-scholarly attainments and- an affirmative interest in legal education and requirements-fdr admission to-the Bar. Attorney members shall have been members of-The--Florida Bar for at least five-years. — Public-members shall be nonlawyers and-shall have an academic Bachelor’s Degree. — It- is desirable -that public members possess educational or-work-related experience of value to the Board- such as educational testing, — accounting,—statistical analysis, medical-or psychologically related sciences.

1-30 Board Member Responsibilities

b, — Tenure,l-31 Tenure. A bar examiner should be appointed for a fixed term but should be eligible for reappointment if the examiner’s work is of high quality. Members of the Board should be appointed for staggered terms to insure ensure continuity of policy and there should be sufficient rotation in the personnel of the Board to bring new views to the Board and to insure ensure continuing interest in its work.

e, — Devotion to Duty,l-32 Devotion to Duty. A bar examiner should be willing and able to devote whatever time is necessary to perform the duties of examiner.

d, — Essential—Conductrl-33 Essential Conduct. A bar examiner should be conscientious, studious, thorough, and diligent in learning the methods, problems, and progress of legal education, in preparing bar examinations, and in seeking to improve the examination, its administration, and requirements for admission to the Bar. Each examiner should be just and impartial in recommending the admission of applicants and should exhibit courage, judgment, and moral stamina in refusing to recommend applicants who lack adequate general and professional preparation or who lack good moral character.

e.Adverse Influences, Conflicting Duties and Inconsistent Obligations,1-34 Board Influences, Conflicting Duties and Obligations. Bar examiners should not have adverse interests, conflicting duties, nor or inconsistent obligations which that will in any way interfere or appear to interfere with the proper administration of their functions. Bar examiners should so conduct themselves that there may be no suspicion that their judgment may be swayed by improper considerations. To be eligible to serve as a bar examiner, bar examiners may not serve as: a judge of any court; a regular or adjunct professor of law; an instructor, advisor or in any capacity related to a bar review course or in other activities involved with preparation of applicants for bar admission; or as a member of the governing or other policy-making board or committee of a law school or the university of which it is a part. A bar examiner is not prohibited from service on the board or as an officer of alumni groups that support law schools or universities or from assisting them with fund raising activities. Appointment or election- to the-bench-at any level — of the court system, federal, state,- county-or municipal,-shall constitute a disability to serve as a bar examiner-se long as such indMdual-shall continue to serve in such capacity. — Bar examiners-should not

participate -directly-or- -indirectly in courses for the-preparation-of- applicants for bar ad-aiissiea-nor -act as a trustee of a law school or a university-with which a law school-is affiliated. — Bar—examiners should so -conduct themselves that there may be no suspicion that-their judgment-may be-swayed by improper-considerations.

Section 4, — During the month -of-Qetober of eac-h-year-the Board-shall designate a Vice Chair-who shall hold office for a period of one-year beginning on the ensuing November 1. In October of each succeeding -year the previously elected Vice-Chair-shall automatically be elevated to the-Office of Chair for-a period-of one-year-beginning November 1 following such person’s term as Vice Chair. Such -designation shall be determined by majority-vote. -In the event of an-irreeoncilable tie vote, such fact shall be certified to the Supreme Court, and it shall designate the Vice-Chair for the ensuing year.

Section 5,- 1-35 Compensation. The members shall serve without compensation but shall be reimbursed for reasonable traveling and subsistence expenses incurred in the performance of their services for the Board. The Boardmaay from time.to time elicit-the assistance of other members-of The Florida Bar in prootoring the bar examination-and in so doing may reimburse those other members of The-Florida Bar assisting for reasonable subsistence expense;

Section 6. — Tfae-offices of the Board shall be maintained in Tallahassee-,- Florida.

1-40 Board Meetings

Section — 3A.1-41 Conducting Board Meetings. The Board shall meet in formal session throughout the State of Florida on a regularly scheduled basis to handle administrative, applicant, and registrant and-appli-eanfc matters and to conduct investigative and formal hearings. Subject to the approval of the full Board, the place and time of such meetings shall be determined by the Chair of the Board.

brl-42 Special Hearing Panels. Hearings may also be conducted by special hearing panels of the Board to be convened at such other times and at such places as may be fixed by the Board.

c.1-43 Telephone Conference Meetings. Upon giving reasonable notice, the Chair of the Board may conduct a meeting of the Board by conference telephone call for routine administrative action or for emergency action.

1-50 Fiscal Authority

1-51 Budget. The Board shall annually prepare a budget and submit it to the Supreme Court of Florida for approval.

1-51.1 Income. Subject to the approval of the Court, the Board may classify applicants and registrants and fix the charges, fees and expenses which shall be borne by them.

Sectien-&1~51.2 Expenses. The Board shall make such disbursements as are required to pay the necessary expenses of the Board. -Annually it-shall prepare a-budget and -submit the same-to- the-Supreme-Court for its approval. It shall cause-proper books of account to be kept and - shall have an annual audit made by-4he Office of the Auditor-General or a Certified Public Accountants Such annual — audit-shall be Sed- with- the Clerk-of the Supreme-Court of Florida.

1-52 Audit. The Board shall cause proper books of account to be kept and shall have an annual audit made by a Certified Public Accountant. The annual audit shall be filed with the Clerk of the Supreme Court of Florida.

Section — 8*1-53 Staffing. The Board shall employ an Executive Director and such other assistants as it may deem necessary. It shall provide for the compensation of such employees and shall pay all other expenses. All employees shall be bonded as may be directed by the Board.

Section 10. — Whenever any- -person- subpoenaed-to appear and-give-testimony or to produce books, papers or documents,-refuses to-appear to testily before the Board,-or any division or committee thereof, or to-ans-wer any-questions, or to produce such books; papers or documents-,-such person-may-be-in contempt of the Board, — The Board shah report the fact that a-person under subpoena is in-contempt of the-Board for such proceedings-against such-person as the-Court may

Section 11, — The Board may resolve that committees on character, fitness and general qualifications should be appointed in-some-or State of Florida^ — Should it-so resolve, the Board of Governors of The Florida Bar-sfaali submit-to the Board from time to time and as requested by the Board a-group of recommended appointees. - The-group shall consist of thrice the number to be appointed. — The Board-shall, subject to the approval of the Court,-select the appointees from this-group, Such-eemmittees shall be known as “Character and Fitness-Committees” and shall-be advisory to the-Board -and in the performance of their advisory-duties, they shall' have-such powers-as the Court shall fix.

Section 12, — A permanent-committee — to coordinate the work of the Bench, Bar,-law mendations to- this Court-concerning the same-from time to time is hereby created and established. — Such committee shall consist of two members of the Supreme Courfr-to be-designated by said Court,-Wo members of The-Board of Bar Examiners to-be designated — by—such Board, two members of — The Florida-Bar to be designated by the Board-of Governors of The-Florida -Bar, the Deans of all-accredited Florida law schools or colleges? Court may from time to time-provide, — The committee shall convene at the pleasure of the committee-members-from the Supreme Court, one of whom shall be-the presiding officer-.-

Section 13, — Subject to the- approval of and law students and fix the charges, fees and- expenses-wMeh shall be borne by thenu

1-60 Confidentiality

Section 11,1-61 Confidentiality. All information maintained by the Board in the discharge of those responsibilities delegated to it by the Supreme Court of Florida shall be confidential except as provided by these Rules or otherwise authorized by the Court. All — matters including, but not limited to. registrant and applicant files, investigative reports, examination-material, and-interoffice memoranda shall-be the property-of the-Supreme Court of Florida and the Board shall-

1-62 Custodian of Records. All matters including, but not limited to, registrant and applicant files, investigative reports, examination material, and interoffice memoranda shall be the property of the Supreme Court of Florida and the Board shall serve as custodian of all such records.

1-63 Release of Information. The Board is authorized to disclose information relating to an individual registrant, applicant or member of The Florida Bar, absent specific instructions from the Court to the contrary, in the following situations:

1-63.1 Public Request. Upon request the staff shall confirm if a person has filed a student registration, bar examination application or bar application with the Board and shall provide the date of admission of any attorney admitted to The Florida Bar.

a.1-63.2 National Data Bank. The name, date of birth, Social Security number and date of application shall be provided for placement in a national data bank operated by or on behalf of the National Conference of Bar Examiners.

15,1-63.3 The Florida Bar. Upon written request from The Florida Bar for information relating to disciplinary proceedings, reinstatement proceedings or unlicensed practice of law investigations, provided, however, that information received by the Board under the specific agreement of confidentiality or otherwise restricted by law shall not be disclosed.

e,l-63.4 National Conference of Bar Examiners or Foreign Bar Admitting Agency. Upon written request from the National Conference of Bar Examiners, or from foreign bar admitting agencies, foreign bar associations, or other similar agencies, when accompanied by an authorization and release duly executed by the person about whom such information is sought, provided, however, that information received by the Board under a specific agreement of confidentiality or otherwise restricted by law shall not be disclosed.

drl-63.5 Documents Filed by Registrant or Applicant. Upon written request from registrants or applicants for copies of documents previously filed by them, and copies of any documents or exhibits formally introduced into the record at an investigative or formal hearing before the Board and the transcript of such hearings. Cost of copies are set out below:

(a) each request for a copy of any document or portion of a document shall be accompanied by a fee of $25.00 for the first page and $.50 for each additional page.

(b) each request for a copy of the Form 1, Bar Application, shall be accompanied by a fee of $35.00.

e.1-63.6 Documents Filed on Behalf of the Registrant or Applicant. Upon written request from registrants or applicants for copies of documents filed on their behalf or at the request of the Board with the written consent of the party submitting such documents. If such documents would be independently available to the requesting registrant or applicant, then consent of the party submitting such documents shall be deemed waived. Each request for a copy of any document or portion of a document shall be accompanied by a fee of $25.00 for the first page and $.50 for each additional page.

fcl-63.7 Grand Jury or Florida State Attorney. Upon service of a subpoena issued by a Federal or Florida Grand Jury, or Florida State Attorney only in connection with a felony investigation, provided, however, that information otherwise restricted by law shall not be disclosed.

grl-64 Breach of Confidentiality. Whenever any person intentionally and without authority discloses confidential information maintained by the Board,' such persons the person may be in contempt of the Board. The Board shall report to the Supreme Court of Florida the fact that such person the person is in contempt of the Board for such proceedings against such person the person as the Court may deem advisable.

Section 15. — To the extent necessary to implement these rules and if not inconsistent herewith-, the Florida Rules of Appellate Procedure-shall be applicable to all proceedings filed in-the Supreme Court of Florida^

ARTICLE IL REGISTRATION OF LAW STUDENTS

Section 1. — Every-law student intending to apply for admission to The Florida Bar shall, following the commencement of the study of law in an -accredited law school, register-with the Board by filing an Application for-Admission to The Florida Bar-(Form 1) as a registrant upon-the- forms supplied by the Board, including the documents and papers specified in Article IV, Section 5-except for the-filing of the Certificate of -Dean as specified in Article IV, Section -S.b-Ct^-payment of-a-fee of $500.00 as-specified-in- the provisions of Article V, Section 1 and-submitting such-other papers as may- from-time to time be-reasonably required- by the-Board. ■The schedule of discounted fees set-forth in Sections-2, 3 and 4 below are-available-to any law student who files-an-early registration. The Board will consider-as timely filed any registration postmarked or received- within the specified number of days-following-the commencement of the study of law.

Section 2. If a law student- timely-files- an early registration within 180-days following the commencement of-the study of — law as specified-in Article V, Section 2, the filing fee shall be-75.00.

Section 3. If a law -student timely-files an early registration within 195 days following the commencement of- the study of law as specified in Article V, Section 3, the filing fee shall be-$-100.00.

Section -4. If a law -student timely files an early registration within 250 days following the commencement of the study- ofUawv-as specified in Article Y, Section- 4, the filing-fee shall be-$200.00.

Section 5. A basic character and fitness investigation shall be conducted in areas of possible-concern on each student registrant. The Board-may at any-time find it advisable to- make-further inquiry-into the character, fitness and-general qualifications of -ar-regis-trash — In such case the registrant may be required to pay-a fee of $125.Q0 as-is-prescribed -in Article V, Section -5. In every such investigation and inquiry — the—Board—shall have all-of the-powers given it-in respect to inquiry-and investigation of -applicants- for admission to the Bar. If, after such investigation and-inquiryrthe Board shall-find-that the registrant is unfit, or the Board is-in-doubt about the registrant’s fitness,.such-determination shall be- certified- -to the Supreme Court-and the Executive-Director shall transmit the-ffle and other available information to the-Sapreme Court -for- such action in- the particular case as the Court deems -appropri-

Section 6. — The Application for Admission to The-FIorida-Bar (Form 1) executed-by a registrant shalTnot be deemed-an application for-admission into the -F-loridar-Bar-Examination or an applieation-fer admission into The Florida — Bar unless and-until the registrant files-a^-supplement (Form 2) to-said-application- -(-Form 1) as provided in- Article- IV,Sections 8 and 9-

ARTICLE IIL- EDUCATIONAL, CHARACTER AND FITNESS REQUIREMENTS OF APPLICANTS

A. EBUCAT-I0NAU41EQUIREMENTS

Section 1. — No applicant shall- be-admitted to the-General Bar Examination unless he or she furnishes to-the Board:

a. A sworn Application for Admission-into the General Bar Examination attesting -to graduation from a--Ml-time accredited law school at a time-when-or within 12 months of such accreditation, or-in-the alternative, completion of the requirements for graduation from -a-full-time accredited law- school at a time when such law school was-accredited or within-12 months of such accreditation-and that-sueh accredited law-school-has or,-in the alternative, will-eonfer-upon-the apphcant the degree — of Bachelor of Laws or Doctor of Jurisprudence. -The term “completed-the requirements for graduation” refers to-the-time when completion of -the requirements for-graduation is recorded in the office of the law school dean or administrator, — The term-“ac-eredited-Iaw school” has reference to any-law-school-approved or provisionally-approved by the American Bar Association. — Results of the General Bar Exammation-shall- be released-pursuant-to Article VI, Section 11-only to an applicant-who -has additionally — furnished the Board with either a Certificate of Bean- or-an official final law school transcript which establishes that the law school graduation requirements were completed before the applicant submitted to the General Bar-Examination. Failure to provide such additional document shall result in the impoundment of an applicants grades - by the Supreme Court of Florida-until such time-as the-additional-document is furnished. — Upon submission of-such — additional document and the payment of-$16&00-as specified-under Article V, Section 25,-the Board shall — request- the Court-to release the-applicant’s impounded grades. — None of the following shall be substituted-for law-school-fraining4

(1) private study, correspondence school

or law office-tr-ainingj

(2) age or experience^

(3) waived or lowered standards of legal training for-particular- persons or-groups-

b. For those applicants not meeting the requirements-of-Article III, Section l.a. the following requirements shall be-met: (l)-such evidence as the Board may require that such applicant was-engaged-in the-practice- of-law m the-Plstrlct-of Columbia or in other states of the United States of-America, or-in-practice in-federal courts of the United States or its territories, possessions or protectorates for-atdeast-lQ-years, and was in good standing at-the bar-ef-the District-of-Columbia, or of the federal- courts, or-of the state in-which-such applicant practiced;- and (2)-a representative-compilation of the work product in the field of law showing the-scope-and character of the applicant's previous experience-and practice at the-bar, including-samples-of the quality of the applicant’s work, such as pleadings, briefs,.legal memoranda, — corporate charters-or other working papers which-the applicant considers illustrative of such applicant’s expertise-and academic and legal tr-ain-ing — Such representative compilation of the work product shall confine itself-to the-applicant’s most recent 10-years-of-practice and

shall be filed at least 90 days prior to the administration of-the Florida Bar-Examination, notwithstanding the provisions of Article-VI, Section 5.4-i-a thorough consideration of such representative-compilation of-the work product shows that-the applicant-is a lawyer of-high character- and ability, whose professional conduct has been above-reproach, and whose academic and legal scholarship conform to approved standards and sum up to-the eqnivalent-of that -required of other applicants for admission to the Florida Bar Examination — the Board may; in its discretion, admit sueh-applicant to-the General Ban — Examination and accept score reports directed te-the Board from-the National-Conference of-Bar Examiners- or its designee. In-evaluating academic and- legal-scholarship the Board is clothed with-broad-discreiion.

B,. CHARACTER AND FITNESS REQUIREMENTS

Section-2.

a. No person shall be recommended by the Florida Board- of-Bar Examiners-to the-Supreme- Count-of Florida for admission to-The Florida Bar unless such person first produces satisfactory evidence to the Board of good — moral—character—and—an—adequate knowledge-of the-standards and ideals of the profession and that such person-is-otherwise fit-to take-the oath and perform the obligations and responsibilities of an attorney.

k The primary purposes of character-and fitness screening before admission to-The Florida Bar axe to assure the protection- of the public-and-safeguard-the justice system. Am attorney should be one whose record of conduct justifies the trust -of clients, adver-sarieSj-eouriSj-and-others-with respect to- the professional-duties- owed to them. — A record manifesting a deficiency in the honesty, trustworthiness, ddigence^or reliability of an applicant may constitute a-basis -for denial of admission.-

The revelation or discovery of any of the following may be treated as cause for further inquiry before the-Board decides whether the applicant possesses-the character -and fitness to practice law:

-(-1) unlawful-conduct;

-(2) academic misconduct;

(3) malting or procuring any false or misleading statement or omission -of relevant information,- including any false or misleading statement-or-omission on the Application-for Admission-to-The-FIorida Bar, or any amendment)-or in any-testimony or sworn statement submitted to the-Board;

-(4) misconduct in employment;

■ (5) acts involving dishonesty; fraud, deceit or -misrepresentation;

(6) abuse of legal process;

-(7) neglect of financial responsibilities;

-(8) neglect of professional obligations;

(9) violation of an order of a court;

■ (lO)-evidence of mental or emotional insta-feihty;

-(-ll)-evidence of drug or alcohol dependency?

(12) denial of-admission-to the-bar in another jurisdiction on character-and fitness grounds;

(13) disciplinary action by-a-lawyer-disciplinary agency or-other professional disciplinary agency of-any jurisdiction;

■ (14) any other conduct wMeh-refleets-ad-versely upon the-character or fitness of the-applicanti

-c. The- Board-shall determine whether the present character and-fitness of an applicant qualify the-appheant for-admission. In-making this determinatioip-the following-factors should be considered in-assigning weight and significance to prior conduct:

■ (1) the applicant’s age at the time of the conduct;

(2) the recency of the-conduct;

-(3) the-reliability of-the information-concerning the-conduct;

(4) the seriousness -of the conduct;

(5) the factors underlying the conduct;

(6) the cumulative effect of the conduct or-information;

-(7) the-evidence of rehabilitation;

(8) the applicant’s positive social contributions since the-conduct;

(9) the applicant’s-eandor in the admissions process;

(10) the-materiality of any omlssions-or misrepresentations.

-No persea shall be recommended for admission to The Florida Bar who has not reached-the-age of-18 years.

d. An applicant may^withdraw an applies tion for admission to-The Florida Bar at any time; provided, however, in such-event-the Board may continue-its-investigative and adjudicatory-functions to conclusion-

e. Alternatively, an-applicant may withdraw with prejudice an application for admission to The-Florida — Bar. The Board shall accept-the withdrawal - with. prejudice.and shall immediately dismiss its investigative and adjudicatory functions. — An- applicant who files -a-withdrawal with prejudice shall be permanently-barred from filing-a-subsequent application -for admissien to The-Florida Bar.

f. A person who has-been disbarred from the practice of law or-has resigned pending disciplinary-proceedings-in a foreign jurisdiction shall-not be eligible to apply for admission to The-Florida-Bar or the FIorida-Bar Examination for a period of 5 years from the date of disbarment or-3- years from the date of resignation or such-longer period as set-b-y the foreign-jurisdiction for readmission to the foreign jurisdiction.

■ g. A person who has been suspended-fer-disciplinary reasons from the practice of law in a foreign jurisdiction shall not be eligible to apply for admission to The Florida Bar or the Florida-Bar Examination untihexpiration of-the period-of suspension.

■ h. A person who -has been-eonvicted-of-a felony shall-not be-eligible-to-apply for admission-to The Florida Bar or the Florida Bar Examination until-such person has-had his or her-civil rights-restored.-

i. A person who-is-serving-a-sentence of felony probation regardless of adjudication of guilt shall-not be eligible to apply-for admission to-T-he Florida Bar or the Florida Bar Examination until termination of -the period of probation.

Section 3«

a, — Prior to-recommending an applicant for admission to practice the- profession of law in Florida, the Florida — Board of — Bar Examiners shall conduct an-investigation and otherwise inquire- into and determine the character, fitness and general- qualifications of ever-y-applicank — In every such investigation and inquiry, the Board-may obtain-such information as-bears upon the character,-fitness and- general-qualifications of the applicant and take and hear testimony, administer oaths and affirmations, and-eompel-by-sub-poena-the attendance of witnesses and-the production of-books, papers and documents. Any member of-the Board may administer such oaths and affirmations. Such investigations and inquiries shall be informal, but-they shall be-thorough^with the-object- of ascertaining the-tratfe — Technical rules of- -evidence need not be observed. Any investigative-hearing for such purpose may be held by a division of the Board consisting of no-fewer than-3-members of the Board. Any applicant requested to appear for an investigative hearing shall pay the administrative-cost of $80.00-as specified under Article V, Section 16. Postponement-of a previously scheduled investigative hearing shall be for good -cause only and shall be subject to the fees as specified-under Article V,-Section 18. — Each division-shall record its proceedings and shall report its recommendations to-the full Board.

An-applicant- who has been requested to appear for an investigative hearing by-Board letter-shall promptly respond to such letter. Failure to respond-within 60-days shall-result in termination of that application and shall require reapplication and payment of all-fees as if-the-applicanfewere applying for-the first time.

In cases where-the facts-are undisputed regarding an applicant’s prior conduct which bears adversely upon such person’s character and fitness for admission to the Bar, the Board -may forgo-an investigative-hearing and proceed directly with the -filing of Specifications as provided by Section b.(3)-below.

fe — Following an investigative hearingTthe Board shall determine that;

(1) the applicant has established his or-her qualifications as-to character and fitness; or

(2) further investigation into — the applicant’s character and fitness is-warranted; on

(3) Spee-ifications-be Sed- charging the applicant with matters which if proven would preclude a favorable finding by the Board.

e= — In lieu of the filing of Specifications pertaining to drug, alcohol or psychological problems; the Board in- exceptional cases may enter into .a Consent Order with- the applicant, — In a Consent Order, the Board is authorized to recommend to the Court for admission the applicant who has agreed to abide by specified-terms-and conditions upon admission to The Florida Bar. If the Court accepts the Board’s recommendation, the-Order-of admission-shall be-made as-set oat-in Article VII, Section 1.

If the applicant is granted admission by the Court pursuant to a Consent Order,-then the terms and conditions of the-applicant-g admission-shall be administered by The Florida Bar. The Board shall provide access-to The Florida Bar -all information gathered by the-Board-on- a conditionally admitted applicant— except- information — received by — the Board under a specific agreement of eenfi-dentiality-or otherwise restricted by law. — If the-applicant shalf-fail to-abide by the terms and conditions of-admission, then The-Florida Bar is authorized to institute such-proceedings consistent with the Rules Regulating The Florida Bar as to revocation of the license issued- to^the applicant -pursuant- to the-Consent Order.■■ The-Board shall be notified of any- disciplinary proceedings and shall have-access-to all-information relating to the administration of-a-conditional admission-, except information received by The FloridaBar under a specific agreement of confidentiality or- otherwise restricted by law.

4, — If Specifications — are.prepared -and served upon an applicant, the applicant shall Se an answer to the-Speeifications-within 20 days from-receipt-of the Specifications. If-an applicant fails to ile an answer to the-Speei-fications within such time or within any extension of that time allowed- by-the Board, the-Specücations-shall be deemed admitted and — the Board shall enter findings of -fact, finding the Specifications- proven, and appropriate conclusions of law, whieh-may include a recommendation-that-the applicant-not be admitted-to The-FloridaB ar-

fe — After a timely answer to Specifications has been filed, the Board shall notify — the applicant-of the- dates and locations available for the formal hearing-on the -Specifications.The applicant -shall pay the -administrative cost of $300.00 as set-forth- in Article V, Section-17. — Postponement of a previously scheduled formal hearing- shall-be for good cause onl-y-and-shall be-subject to the fees-as specified-under-Article V, Section 19. — The applicant and the Board-shall agree on a date and location for the-hearing, I-f-the applicant fails to-agree on one of the dates-and-locations proposed by- the Board; the Board-shall set the date and location-of the- hearing. — If the applicant; witfaout-good cause, fails to attend the formal hearing, the-Specifications shall be -deemed admitted and the -Board shall enter findings of fact, finding the Specifications proven, and -appropriate- conclusions of law, which may include a recommendation that- the-applicant nob-be admitted to The Florida Bar.

£ — Formal hearings held in response to Specifications shall be conducted befare a quorum-of the-Board which shall consist-of not less than 5-member-s-. — The formal hearing panel shall consist-of-members af- the Board other than- those-who participated in the investigative hearing. — This provision may be waived -with the-consent of the appli-eanh — The weight to be given-all- testimony and exhibits received in-evidence at a -formal hearing shall be -considered and determined by-the Board. — The Board is-not bound by technical rules of evidence at a formal-hear-mg, — Following the conclusion of a formal hearing, the Board shall expeditiously-make its findings of fact and conclusions of law which shall include one of the following:

(-1) A-recommendation that the applicant be- admitted te-The Florida Bar-; or

(-2) A-recommendation-that- the applicant not be admitted to The Florida Bar; or

(3) After the-filing of-Specifications and, in lieu of-a recommendation that the-applicant not be admitted to The Florida Bar based- upon drug, alcohol or psychological problems, the Board in exceptional cases may make a recommendation that the-applicant be conditionally admitted to The Florida Bar upon such terms and conditions as-specified by the-Board. — If the Court accepts — the Board’s — recommendation, then the terms and conditions of-the applicant’s admission shall-be administered by The Floridar-Bar as provided in Section 3.c. above; or

(4) A recommendation that the applicant’s admission to The Florida Bar-be withheld: for a specified-period of time-not to exceed: 2 years to allow the applicant to establish rehabilitation.-At the end of-the specified period of time,-the Board-shall recommend the applicant’s admission barring subsequent disclosure of matters adversely reflecting upon the applieant’-s-character-or fitness.

The applicant-shall be notified-promptly by the Board of its -findings of fact and recommendation, which-action shall be subject to review^ by the Court as specified under Article III, Section 4-b.

g-. — If sufficient time has-mot-passed-simee the occurrence of-the behavior-described in ome-or-more of the-gpecifications- sustained to permit the Board to determine-whether-the applicant has established his or-her qualifications and what recommendations the Board would -make to -the Supreme Court of Florida — the Board may petition — the Supreme Court-of Florida for a reasonable extension of time for further- investigation, not to exceed 1 year after the conclusion of the formal-hearing. — If an extension is-granted, -the Board may continue its investigation or otherwise-acquire sueh additional information as is needed to permit it to malte its final deci-siem — The applicant shall be-nptified of any petition for extension and shall be given an opportunity to show cause why-4he extension should not be granted.

h, — Counsel for-the Board and an applicant-may waive a formal hearing and-enter into- a- proposed consent judgment. — Such consent judgment shall contain- a proposed resolution of the-case pursuant-to one of the recommendations specified in Section 3.f-abov-e. — If-the-eonsent judgment is approved by the full BoardT then the case shall be resolved in accordanee-with the consent judgment without further-proceedingfe

Section 4,

a= — Any- applieamt-wfao is dissatisfied with the Board’s recommendation concerning-his or her character, fitness or general-qualifications,-may, within 60 days after notice of the Board’s recommendation, file with the Board a petition for reconsideration with a fee of $125.00 as- specified-under the provisions-of Articled, Section 21. — The petition must contain new and material evidence which by due diligence could not have been-produced at the formal hearing- — Evidence of rehabilitation as-provided-by Article III, Section 4.e. of the Rules shall not be included-4n a petition for reconsideration-. — Only one such petition for reconsideration-may-be-ile&

b, — Amy- applicant or student registrant who is dissatisfied-with the Board’s recommendation concerning such applicant’s or registrant’s character and fitness may file an appropriate petition with the Clerk of the Supreme Court of Florida, within a period of 60 days-after receipt of the Board’s recommendation. A copy of such petition shall be served upon the Executive Director of-the Board.-Unless -otherwise — required,—the Board’s response -shalbbe filed with the-Supreme Court within-25- days after-service of the petition. At -the time of the Sling of the Board’s -response,- — the Executive Director shall place the record of the formal hearing-with the Supreme Court, and the Court shah decide — whethen-such applicant or- student registrant- meets the character — and fitness requirements. — Final—action - of-the Court shall be duly entered-im the minutes thereof.

e= — An applicant who has been refused a favorable — recommendation by the — Board through the filing of — Findings-of-Fact and-Conclusions of Law-which has-mot-been-reversed by-the Supreme-Court of Florida shall not be eligible for admission to -any subsequent administration of any part of the Florida Bar Examination until such- applicant receives a^-favorable-reeommendation by the Board-or- a favorable decision by- the Supreme-Court of Florida as to character-and fitnessj — provided, however, that any such applicant-who received a passing score on any park of the Florida Bar Examination administered prior to — the -filing — of the Board;s- Findings of Fact-and -Conclusions- of Law shall be entitled to retain that passing status-for the-applicable-part-for the--time period- provided-under Article VI, Section 9.

ds — Any applicant who -has been refused a favorable recommendation by-the-Board-or-any-applicant-or student registrant who has proceeded through the provisions of subsection-b. above and is the recipient ol — final aetien-by the-Supreme -Court of Florida either denying an applicant’s-admission or finding a student registrant to be unfit for admission may-after-2-years -from the-date the -Board delivered its adverse finding, file an appropriate petition with the Clerk of the Supreme Court of Florida in-an attempt to show-sufficient rehabilitation-to warrant a review of the Boar efe — findings or the reevaluation by the Court-of-its-final-actiom--In a case-whero the Board-found -that the applicant has -made-material- misrepresentations or false statements in-the application process, then-the Board may-within -its.discretion ■recommend that- the applicant-be disqualified from petitioning the-Goart-for a-period greater than 2 years up to-5-years. — If-the Court finds- the petition to be sufficient, it-shall remand-the case to the Florida Board of Bar Examiners, which Board shall-serve as the Court’s investigative -arm in -such matters. Upon payment of a fee of $18Q0-.00 as specified under Article V,-Section -10, the -Board shall-initiate -a character and fitness investigation and shall file its report-and reeom-mendation with the -Gourt. — In issuing a judgment adverse to an applicant-or student registrant, the Court -shall- fix -the date-after whie-h-sabsequent petitions may be filed with the Court.

e= — Any applicant -or student registrant who — m-any formal hearing held in response to Specifications pursuant to Article III,-Section-3-or in any proceeding held befor-e-the Board pursuant to Article II, Section 5 or Article III, Section 4.d;, affirmatively asserts rehafeilitation-from prior conduct which bears adversely--upen-such person’s -character and fitness for admission — to --the-Bar shall-be required to produce clear and convincing evidence of-such rehabilitation - including, but not limited-to, the-following elements;-

41-> StHet-compliance with the specific conditions of any disciplinary, judicial, administrative- or other order, where applicable?

(2) Unimpeachable character and moral standing- in the community;

(3) Good reputation for professional ability, where applicable;

(4) Lack of malice and ill feeling toward those who by duty were compelled to bring about the-disciplinary, judicial, administrative or-other proceeding;

(5)- Personal assurances, supported by cor-roboratmg-evidence, of a -desire and-mtention to-conduet one’s self in an exemplary fashion in the future;

(6) Restituti