§ Rule 6-6.5 Recertification

Codes > Florida Statutes > Rules Regulating > Chapter 6 : 6-6 Standards > Rule 6-6.5

Rule 6-6.5. Recertification

    During the 5-year period immediately preceding the date of application, the applicant must demonstrate satisfaction of the following requirements for recertification:

    (a) Minimum Period of Practice and/or Judicial Service. The applicant must have devoted at least 30 percent of the applicant's practice or judicial labor to marital and family law cases.

    (b) Minimum Number of Cases. The applicant must demonstrate in the application trial experience and substantial involvement by handling as an advocate, or presiding over as a judicial officer, a minimum of 15 contested marital and family law cases in circuit courts. All such cases must have involved substantial legal or factual issues other than the dissolution of marriage.

        (1) At least 5 of the 15 cases must have been trials as defined in rule 6-6.2(d). The skill set inherent in presiding over a marital and family law case as a judicial officer encompasses all of the special knowledge, skills, and proficiency, as well as ethics, that the marital and family law certification committee finds sufficient to meet the trial requirements for recertification. An advanced trial advocacy seminar approved by the marital and family law certification committee, completed either by teaching, attendance, or a combination thereof, shall qualify as one of the 5 trials.

        (2) The applicant shall have substantial involvement, as defined in rule 6-6.2(e), in at least 10 contested marital and family law cases sufficient to demonstrate special competence as a marital and family lawyer or as a judicial officer presiding over marital and family law cases. Any trials in excess of the 5 trials meeting the criteria of subdivision (a)(1) shall automatically qualify as substantial involvement cases. The skill set inherent in presiding over a marital and family law case as a judicial officer encompasses all of the special knowledge, skills, and proficiency, as well as ethics, that the marital and family law certification committee finds sufficient to meet the substantial involvement requirements for recertification.

        (3) The determination of whether the applicant has sufficiently demonstrated involvement in each case submitted shall be made on a qualitative basis by the marital and family law certification committee using the information provided by the applicant. The marital and family law certification committee reserves the right to seek additional information from the applicant as it deems necessary to make its determination that the minimum number of cases requirement has been met.

        (4) On special application, for good cause shown, the marital and family law certification committee may waive compliance with rule 6-6.5(b)(1) and/or (2) for an applicant who has been continuously certified in marital and family law for a period of 14 years or more or who has demonstrated in the application an extraordinary contribution, as determined by the marital and family law certification committee after review, inquiry, and consideration thereof, to the field of marital and family law in Florida. The applicant shall be required to complete all sections of the application for recertification with the exception of schedule B-1.

    (c) Education. The applicant must have completed at least 75 hours of approved continuing legal education in accordance with rule 6-6.3(d).

    (d) Peer Review. The applicant must submit references and otherwise comply with rule 6-6.3(c) or 6-6.4(c). Judicial peer review is not required for judicial officers seeking recertification.