Legal Opinion · Dissent

Liberty Counsel v. Florida Bar Board of Governors

Supreme Court of Florida

Decided June 4, 2009No. SC09-363Published

1DissentPolston, J.

The Bar failed to comply with its policies, or waive them in the manner prescribed by its bylaws, when it approved the Family Law Section’s request to file an amicus brief on homosexual adoption. Should The Florida Bar follow its own rules? The majority concludes that this decision is up to the Bar. See majority op. at 192. Because I agree with Liberty Counsel that this Court should require the Bar to comply with its own rules, I respectfully dissent.14

I. Failure to Properly Approve Amicus Brief on Divisive Issue

The Florida Bar’s Standing Board Policy 8.10(a)(3) provides that sections of the *193B…

2Cases cited5 opinions

  1. Ybarra v. IllinoisSupreme Court of the United States · 1980
  2. Askew v. Cross Key WaterwaysSupreme Court of Florida · 1978
  3. Bush v. HolmesSupreme Court of Florida · 2006
  4. Rules Regulating the Florida BarSupreme Court of Florida · 1986
  5. Word of Life Ministry, Inc. v. MillerDistrict Court of Appeal of Florida · 2001

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