Board supports parental leave.

The Board of Governors agreed on July 27 to support the position that a parental leave continuance be added to the Florida Rules of Judicial Administration.

The board's input--which was requested by the Supreme Court--along with the majority and minority positions of the Bar's Rules of Judicial Administration Committee, will be submitted to the court by August 31. The Supreme Court then could choose to consider a proposed rule on its own and, if it decides to, will publish the rule for comments and may schedule oral arguments.

In June, the RJAC voted against adopting a proposed judicial rule of procedure specifically granting continuances to lawyers who are expecting children by a vote of 23-15 (with one abstention). This decision was in response to a January 23 letter from the court asking the committee to submit a report on the issue with majority and minority positions and including the position of the Board of Governors.

The board, at its meeting in Hollywood, sided with the RJAC's minority position that while judges have the authority now to grant continuances, more specific guidance regarding parental leave is needed.

The RJAC's majority position is that continuances should be granted in such circumstances, but a rule is not necessary for these specific circumstances as judges already have the authority to grant continuances.

The minority recommendation suggests a rule that judges should grant parental leave continuances to lead lawyers in a case absent good reason, such as harm to an opposing party. If the opposing party claims that the leave would prejudice their case, the moving lawyer would have the burden of showing a lack of harm.

"This should not be dependent on the sensitivities of a judge or opposing counsel," RJAC member Craig Leen, representing the minority position, told the board. "This is a unique situation and we know and we have evidence that these continuances are often denied. What does this rule do? It basically tells the judiciary and [opposing] counsel that if you're going to object to the granting of a continuance based on parental leave, then you need to have a substantial reason for doing so."

RJAC Chair Ed Sanchez said the committee "is probably close to unanimous for the notion that continuances should be granted if not continually then regularly" and the dispute has always been "whether a rule on continuances is the way to address that issue. The majority of the committee, through its vote, has concluded...