By Michael Phillips | Florida Bay News
In a unanimous decision issued December 30, the Florida Supreme Court rejected a proposal from Attorney General James Uthmeier that would have allowed certain out-of-state lawyers to work for Florida’s executive branch without first passing the Florida Bar exam.
The ruling preserves Florida’s long-standing approach to attorney licensure and underscores the court’s role as the final gatekeeper over who may practice law in the state—even when government staffing needs are pressing.
The Proposal and Its Rationale
Uthmeier, a Republican appointee of Gov. Ron DeSantis, petitioned the court in May to create a new “certified state government lawyer” category. The plan would have allowed experienced attorneys licensed in other states to serve full-time in senior government roles for up to three years—renewable—without taking Florida’s bar exam or undergoing the state’s full character and fitness review.
The attorney general argued that Florida faces serious hiring challenges across state agencies, pointing to dozens of unfilled legal positions in his own office alone. He maintained that the bar exam and its timing deter seasoned lawyers from public service, particularly when government jobs often come with significant pay cuts compared to private practice.
Uthmeier also emphasized that the affected lawyers would represent only government entities—what he described as “sophisticated clients”—rather than vulnerable private individuals.
Strong Opposition From the Bar
The Florida Bar forcefully opposed the proposal. Its Rules Committee and Board of Governors both recommended rejection, warning that the plan would weaken Florida’s standards for legal practice and bypass safeguards designed to protect the public.
Critics argued that Florida’s bar exam ensures knowledge of state-specific law and that a full character and fitness review remains essential, regardless of where an attorney previously practiced. Some also raised separation-of-powers concerns, cautioning against allowing the executive branch to effectively set its own rules for who may practice law.
The Court’s Decision
In a brief, one-paragraph order, the Supreme Court sided with the Bar. The justices concluded that Florida’s existing “certified government lawyer” rule already strikes the proper balance between flexibility and accountability.
Under current rules, out-of-state lawyers employed by certain state entities may practice temporarily—generally up to 18 months—but must promptly apply for full Florida Bar admission and sit for the next available exam. The court found no justification for extending or bypassing those requirements.
Notably, the decision included no dissents or extended commentary, signaling broad agreement among the justices.
A Broader National Contrast
Florida’s approach remains more restrictive than that of many other states, which often treat government lawyers similarly to corporate in-house counsel under multijurisdictional practice rules. In those states, out-of-state attorneys may work indefinitely for a single employer with limited registration and without taking a local bar exam.
Florida, however, continues to prioritize uniform admission standards and Florida-specific legal knowledge—even if that makes recruitment more difficult.
What Comes Next
As of this week, neither Uthmeier nor the DeSantis administration has publicly responded to the ruling, and there is no clear path to appeal a rejected rules petition. For now, Florida’s existing system remains firmly in place.
The decision reinforces a core principle of Florida’s legal system: staffing pressures and executive convenience do not override the court’s constitutional authority—or its insistence on maintaining consistent standards for those entrusted with representing the public.
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