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State Public Defenders Request Permission for Law Graduates to Practice Before Bar Admission Due to Lawyer Shortage

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The Florida Public Defender Association has proposed a new amendment to an existing Florida Bar rule, allowing court appearances for law school graduates up to a year before their bar admission. The proposal, put forth by the organization’s president, Carlos Martinez, aims to address the shortage of public defenders in the state and improve access to justice. Martinez, who serves as the public defender in the 11th Judicial Circuit of Florida, said that out of the 34 attorneys hired by his office in 2021, only 17 remain.

The proposal calls for candidates to graduate from an ABA-accredited law school and to have cleared character and fitness evaluations. If a participant fails to pass the bar on their second attempt or misses the next exam, their certification will end. In October, the Florida Bar rules committee approved the measure with a 5-0 vote, and the Florida Bar board of governors is expected to consider the proposal in May. The proposal will go to the Florida Supreme Court for final approval if passed.

An existing Florida Bar rule currently allows students working with law school programs to practice law, including court appearances, through a program called “student practice.” This proposal expands the rule to cover all law school graduates, not just those who have completed a clinical or law student practice program.

In conclusion, the proposed amendment to the Florida Bar rule is crucial in addressing the shortage of public defenders in Florida and improving access to justice. If approved, it will allow law school graduates to participate in court appearances and help those in need of legal representation.

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Citing lack of lawyers, public defenders in this state ask to let law grads work before bar admission

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