FBBE rejects call for a blanket policy excluding all felons from admission.

The Florida Board of Bar Examiners rejected a recommendation from its Character and Fitness Commission that convicted felons need not apply to be a Florida lawyer.

"We did not adopt that recommendation. We believe our current practice is sufficient, and we should consider each case on a case-by-case basis," said Reginald Hicks, chair of the FBBE. He said the board voted June 16 during its meeting in Palm Beach Gardens.

Hicks said the board "talked about the different degrees of felonies."

But, he said, "the overriding concern was about a lack of uniformity about who gets to defer prosecution, mitigating factors, and plea deals," as well as who can afford the best lawyers for the best outcomes when charged with a felony.

"All of that warrants case-by-case determination," Hicks said.

After studying admissions standards, the first review in 15 years, the Character and Fitness Commission, chaired by Third District Court of Appeal Senior Judge Alan Schwartz, submitted its final report March 2 (see story in April 15 News).

Among the most significant changes the commission recommended was even if civil rights have been restored, convicted felons should not have the privilege of practicing law in Florida, and there should be no second chances for disbarred lawyers.

"We just felt it was inappropriate to have convicted felons barred from being on the Game and Fresh Water Fish Commission and being teachers and masseurs, and a whole slew of what would seem to be nonresponsible positions, and not have it impossible to be a felon for a lawyer," Schwartz told the News after the commission's report was filed with the court.

Justice Fred Lewis, who appointed the commission, added at that time: "When people ask, 'How is it you can be a lawyer and a judge as a convicted felon, but I can't teach school? Or you can't be a police officer.' How does one answer that?"

The board answered the question by voting to keep the present Rule 2-13.3 that says a person who has been convicted of a felony is not eligible to apply until the person's civil rights have been restored.

The commission recommended disbarment...