Thursday, December 10, 2009

Conditional Admission Change In Florida

The Florida Supreme Court announced today the adoption of a new rule that limits the confidential conditional admission feature to persons who are permanent Florida residents, who will engage in practice primarily in Florida and who "can and will be monitored in Florida." the court notes that such admission is a "special admission status sometimes offered to applicants with a history of drug or alcohol abuse or psychological problems..." The change is immediate and to be applied prospectively. (Mike Frisch)

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So how is this not a violation of the Privileges and Immunities Clause under Piper and Friedman?

Posted by: Alan Childress | Dec 10, 2009 3:58:54 PM

I had that same thought. The state will contend that admission is a privilege, not a right and that the conduct-based concerns about admission justify this close supervision. Whether this issue will ever get court review will depend on the willingness of an applicant to test it. My experience suggests that a court test is unlikely since most applicants will either accept the conditions or practice elsewhere.

Posted by: Mike Frisch | Dec 11, 2009 5:53:47 AM

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