Military spouse rule.

I read with interest the Board of Governors is considering a recommendation to the Florida Supreme Court that it adopt the military spouse rule--that's where an attorney admitted in another state, who is married to an active-duty military person in Florida, may practice law in Florida without passing the Florida bar exam.

I just want to make sure I understand this. There was strong opposition to reciprocity, which allows an attorney admitted in another state to practice law without passing the Florida bar exam.

As I recall, the opposition was that before we foist out-of-state lawyers on our public, they should demonstrate their competence.

Does this military spouse rule mean that if a lawyer is married to a military person stationed in Florida, that lawyer is automatically competent to practice law in Florida without having to demonstrate that competence?

And that's different from reciprocity how?

I dunno--it sounds rather like a foot in the door (or maybe camel's nose in the tent) for reciprocity proponents.

M. Ross Shulmister

Lt. Col., USAF Retired

Pompano Beach

(Editor's Note: The military spouse rule under consideration provides that the Supreme Court may certify a military spouse who is a lawyer to practice in Florida while the spouse is stationed in the state as long as the lawyer:

* Is registered in the Department of Defense's "Defense Enrollment Eligibility System," which identifies them as spouses of full-time active duty military members;

* Holds a J.D. or LL.B. from an ABA accredited law school;

* Is licensed in another U.S. jurisdiction after passing a written exam;

* Is an active member in another bar in U.S. jurisdiction;

* Is a member in good standing in every other bar to which the applicant is admitted and is not subject to a discipline or pending disciplinary matter in any of those jurisdictions;

*...