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Law360 (April 9, 2020, 4:43 PM EDT) -- The Florida Supreme Court said Thursday that in times of emergency, such as the ongoing COVID-19 pandemic, the chief justice can take steps to mitigate difficulties the bar and its members may face in meeting requirements of the Rules Regulating the Florida Bar.
The state's highest court, which temporarily suspended certain deadlines and rules at the bar's request in a March 20 emergency order, said it acted on its own in amending the bar rules, determining such action was prudent to provide a streamlined response for the "changing circumstances" of the current situation.
"The adoption of the new procedure also will provide a more expeditious procedure for responding to future public health crises and other emergency situations that could impact The Florida Bar and others who are governed by the procedural requirements of the bar rules," the court's five current justices said in an unsigned opinion.
In a separate administrative order, Chief Justice Charles Canady on Thursday also extended the March 20 order through May 29. He has also issued a series of emergency orders suspending jury trials in the state courts, extending legal deadlines, and making emergency changes to notarization and oath requirements. Those suspensions also are currently set to run through May but could be renewed.
The court said that because it did not publish the bar rules amendment for comment before it took immediate effect with Thursday's release, interested parties may file comments and requests for oral arguments by June 23, a period of 75 days.
With Thursday's order, the court added a new subdivision titled "Action by the Chief Justice" to Rule Regulating the Florida Bar 1-12.1. The amendment states that during a public health emergency or other emergency situation affecting the Florida Bar and participants of its rules, the chief justice may, either upon the request of the bar or on the court's own volition, enter an order "as may be appropriate" to "suspend, extend, toll, or otherwise change time periods, deadlines, or standards imposed by the Rules Regulating the Florida Bar, orders, or opinions."
It also says the chief justice may suspend or modify other requirements or limitations imposed by rules, orders or opinions, "including, without limitation, those governing the use of communication equipment and proceedings conducted by remote electronic means; and require or authorize temporary implementation of procedures and other measures, which may be inconsistent with applicable requirements, to address the emergency situation."
"Today's opinion is a reasonable and prudent reaction to current events," Florida bar spokeswoman Francine Walker told Law360. "As an agency of the Florida Supreme Court, the Florida Bar's leaders have been in constant communication with the chief justice and the court about bar operations, especially as they regard our regulatory authority, during this pandemic."
In its March 20 emergency order, the court suspended all time periods and deadlines for bar discipline and unlicensed practice of law cases. It also suspended requirements for attorneys to file advertisements for review as well as requirements for the bar to evaluate them.
Attorneys may air and publish new advertisements while the regulations are suspended, but they are responsible for ensuring compliance with the relevant bar rules, according to Walker.
She said that the March 20 order was needed so that deadlines and timelines would not be compromised as the bar and the courts closed and as bar staff set up remote work operations.
"All bar offices were closed by March 19 to assure the health and safety of our staff," Walker said. "Our efforts to set up remote working began quickly but required deployment of secure channels to conduct confidential work and to ensure the ability to fully address complaints and existing cases."
Thursday's order repeated that those rules suspensions will remain in place until the requirements are reinstated or further modified by Chief Justice Canady.
The case is In Re: Covid-19 Emergency Measures Relating to the Rules Regulating the Florida Bar and Amendment to Rule Regulating the Florida Bar 1-12.1, case number SC20-392, in the Supreme Court of Florida.
--Editing by Amy Rowe.
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