The February 2013 Bar Exam Results: Florida Bar Admission

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Back in October, we reported the story of the undocumented immigrant who has been in the United States since he was 9, went to law school and passed the bar exam. The Florida Board of Bar Examiners asked the Florida Supreme Court to issue an advisory opinion as to whether undocumented immigrants should be admitted to the Florida bar. It turns out that the lawyer for the Florida Board of Bar Examiners asked the wrong question. Any first year law student should know that it is suicide to ask such a broad question. For example, look at the cases before the Supreme Court during the civil rights movement – and the abundance of civil right cases decided before the Supreme Court. It was one step at a time, instead of an over-broad opinion, i.e. can African-Americans eat at a restaurant, can African-Americans stay at a hotel, can African-Americans ride a bus, can African-Americans go to state schools for college, for law school, etc.. All of those cases were one small step until, finally, after dozens of cases, did the Supreme Court issue the order we were all waiting for – we cannot discriminate against our citizens at any time or any place.

Here, the lawyer for the Board of Bar Examiners asked for an advisory opinion of all undocumented immigrants instead of asking about this one undocumented immigrant. Here is what the Florida Supreme Court ruling said: “ The "Motion for Admission," filed January 16, 2013, is hereby denied. In this cause, the Florida Board of Bar Examiners has petitioned this Court for an advisory opinion regarding a clearly stated question. The separate issue of the individual movant's admission is not before the Court.” That was the total opinion. What a waste of time. Of course, the papers are full of stories about the opinion being a denial of admission – but we know better, because we, as lawyers, actually read the opinion.

Whether you are for or against the admission of undocumented immigrants to the bar, one thing is certain, the lawyer made a fundamental mistake in asking for a broad ruling, instead of the specific one that needed to be answered.

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