Bench Memos

Law & the Courts

Florida Supreme Court Affirms Prohibition on Diversity Quotas for CLE Programs

Back in April, I reported the welcome news that the Florida supreme court had issued an order that prohibits the Florida Bar from approving any Continuing Legal Education program “submitted by a sponsor, including a section of The Florida Bar, that uses quotas based on race, ethnicity, gender, religion, national origin, disability, or sexual orientation in the selection of course faculty or participants.” As I noted in a separate post, the American Bar Association’s CLE programs are ineligible for approval under that order.

The Florida supreme court’s order in April invited comments on its amended rule. Having received and considered comments, the Florida supreme court has issued an order today that modifies its rule in two minor respects. First, “in deference to Florida Bar members who planned their 2021 CLE activities in reliance on the preamendment status quo,” it has postponed the effective date of the rule until January 1, 2022. Second, expanding the scope of the rule, it has amended the text “to clarify that CLE credit will be unavailable for courses with any sponsor that uses quotas covered by the rule, whether course approval is sought by the sponsor or by an individual bar member.” (Emphasis added.)

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