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attorneyhearinggood faith
hearing

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Florida Bd. of Bar Examiners Re N.R.S., 403 So.2d 1315, 21 A.L.R.4th 1103

Facts

The case involved an attorney who had been admitted to practice in New York and had passed the Florida Bar examination. The applicant disclosed a classification of 4-F by the Selective Service, which was either due to a physical issue or his homosexuality. During an informal hearing, the Board inquired about his sexual conduct, to which he admitted a preference for men but refused to answer further questions about his past sexual conduct. The Board requested additional questioning, which the applicant declined, leading him to petition the court for certification.

In his application for admission, petitioner disclosed that the Selective Service classified him 4-F, either because of a physical problem or because of his homosexuality. At an informal hearing the board inquired into petitioner's sexual conduct. Petitioner admitted a continuing sexual preference for men but refused to answer questions about his past sexual conduct and indicated that he had no present intention regarding future homosexual acts.

Issue

To what extent may the Florida Board of Bar Examiners inquire into an applicant's sexual conduct in determining fitness for admission to the Florida Bar?

To what extent may the Florida Board of Bar Examiners inquire into an applicant's sexual conduct in determining fitness for admission to the Florida Bar?

Rule

The investigation performed by the Florida Board of Bar Examiners should be limited to inquiries which bear a rational relationship to an applicant's fitness to practice law.

The investigation performed by the Florida Board of Bar Examiners should be limited to inquiries which bear a rational relationship to an applicant's fitness to practice law.

Analysis

The court found that while the Board could inquire into the applicant's sexual conduct, such inquiries must be relevant to the applicant's fitness to practice law. The court emphasized that private, noncommercial sexual acts between consenting adults are not relevant to proving fitness, but the Board may ask further questions if it has a good faith belief that the applicant's conduct may not fall within those parameters.

The court found that while the Board could inquire into the applicant's sexual conduct, such inquiries must be relevant to the applicant's fitness to practice law.

Conclusion

The court ordered that the Board shall certify the applicant's admission unless it finds a legitimate reason to further investigate his sexual conduct.

The court ordered that the Board shall certify the applicant's admission unless it finds a legitimate reason to further investigate his sexual conduct.

Who won?

The applicant prevailed in the case as the court ruled that the Board must certify his admission unless there is a valid reason to question his sexual conduct.

The applicant prevailed in the case as the court ruled that the Board must certify his admission unless there is a valid reason to question his sexual conduct.

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