In re Amendment to Rule Regulating the Florida Bar 6-10.3

Summary

The Supreme Court of Florida modified its earlier amendment to Florida Bar Rule 6-10.3, which bars continuing legal education credit for courses sponsored by entities using specified demographic quotas in selecting faculty or participants. The court postponed the amendment's effective date to January 1, 2022, and clarified that the restriction applies whether course approval is sought by the sponsor or by an individual bar member. Justice Labarga dissented, concluding that the diversity policies at issue were intended to promote inclusion and were not discriminatory quotas.

Holdings

1. The Court had authority to amend rule 6-10.3 under its general authority to establish rules governing The Florida Bar and was not adjudicating the legality of the Business Law Section's or the American Bar Association's policy.
2. Rule 6-10.3 denies CLE credit for a course with a sponsor that uses quotas based on race, ethnicity, gender, religion, national origin, disability, or sexual orientation in selecting course faculty or participants, whether course approval is sought by the sponsor or by an individual Bar member.
3. The effective date of the amendment to rule 6-10.3 was postponed to January 1, 2022.

Questions Presented

1. Whether the Supreme Court of Florida had authority to amend rule 6-10.3 through an original rulemaking proceeding without an adversarial case or controversy.
2. Whether the rule should deny continuing legal education credit for a course sponsored by an entity using specified quotas, regardless of whether the course approval application is submitted by the sponsor or by an individual Bar member.
3. When the amended rule should become effective in light of reliance interests arising from courses and CLE activities planned before the amendment.

Disposition

other