§ Rule 6-13.4 Recertification

Codes > Florida Statutes > Rules Regulating > Chapter 6 : 6-13 Standards > Rule 6-13.4

Rule 6-13.4. Recertification

    During the 5-year period immediately preceding application, an applicant shall satisfy the following requirements for
recertification:

    (a) Substantial Involvement. The applicant shall demonstrate continuous and substantial involvement in the practice of law, of which at least 30 percent must have been spent in actual participation in appellate practice.

    (b) Appellate Actions. The applicant shall have had sole or primary responsibility in at least 15 appellate actions for the filing of principal briefs in appeals, or the filing of petitions or responses thereto in extraordinary writ cases. Where primary responsibility is used to meet this requirement, the applicant shall specifically identify any co-counsel and demonstrate to the satisfaction of the appellate practice certification committee that the applicant's level of participation was substantial and direct. For good cause, the appellate practice certification committee may waive this requirement for applicants who have been continuously certified for 14 or more years.

    (c) Oral Arguments. The applicant shall have had sole or primary responsibility in at least 5 appellate oral arguments. Where primary responsibility is used to meet this requirement, the applicant shall specifically identify any co-counsel and demonstrate to the satisfaction of the appellate practice certification committee that the applicant's level of participation was substantial and direct. For good cause shown, the appellate practice certification committee may waive this requirement in particular instances.

    (d) Education. The applicant shall demonstrate completion of at least 50 credit hours of approved continuing legal education for appellate practice certification. This requirement may be satisfied by the applicant's participation in at least 30 hours of continuing judicial education approved by the Supreme Court of Florida.

    (e) Peer Review.

        (1) The applicant shall submit the names and addresses of at least 4 lawyers, who are neither relatives nor current associates or partners, as references to attest to the applicant's substantial involvement and competence in appellate practice, as well as the applicant's character, ethics, and reputation for professionalism. Such lawyers shall be involved in appellate practice and familiar with the applicant's practice.

        (2) The applicant shall submit the names and addresses of at least 2 judges before whom the applicant has appeared on appellate matters within the last 2 years to attest to the applicant's substantial involvement and competence in appellate practice, as well as the applicant's character, ethics, and reputation for professionalism.

        (3) The appellate practice certification committee may, at its option, send reference forms to other attorneys and judges.

    (f) Judges.

        (1) An applicant who is serving as an appellate court judge on a Florida district court of appeal, the Supreme Court of Florida, a United States court of appeals, or the United States Supreme Court, and who applies for recertification while serving as a judge of such court, shall be deemed to have met the requirements of subdivisions (a)--(c) of this rule, and, for good cause shown, the appellate practice certification committee may waive compliance with the requirements of subdivision (e) of this rule.

        (2) For an applicant who is subject to the Code of Judicial Conduct and who performs or has performed judicial functions on a full-time basis during a substantial portion of the period since the last date of certification, the appellate practice certification committee may waive compliance with the requirements of subdivisions (a)--(c) and (e) of this rule for good cause shown provided the applicant has complied with all other requirements for recertification.

    (g) Good Cause. In determining good cause, the committee will consider, if requested, the length of time the applicant has been certified; the applicant's supervisory responsibility for appellate actions or oral arguments since the date of the last certification application; the nature and complexity of the applicant's appellate actions since the last application for certification; the number of appellate actions in the applicant's career; and any health, career, or other factors that may have limited the number of appellate actions or oral arguments since the date of the last application for certification.