§ Rule 6-6.4 Minimum Standards for Judicial Officers
Rule 6-6.4. Minimum Standards for Judicial Officers
An applicant who has served as a judicial officer within the 5-year period immediately preceding the date of application may be eligible for board certification if the applicant complies with each of the following standards:
(a) Minimum Period of Practice or Judicial Service. The applicant must have devoted at least 50 percent of the applicant's practice or judicial labor to marital and family law cases during the 5-year period immediately preceding the date of application.
(b) Minimum Number of Cases. The applicant must demonstrate in the application trial experience and substantial involvement, as set forth in subdivisions (1) and (2) below, as a judicial officer who presided over, or who handled as an advocate, a minimum of 25 contested marital and family law cases in circuit courts during the 5-year period immediately preceding the date of application. All such cases must have involved substantial legal or factual issues other than the dissolution of marriage.
(1) At least 7 of the 25 cases must have been trials as defined in rule 6-6.2(d). The skill set inherent in presiding over a marital and family law case as a judicial officer encompasses all of the special knowledge, skills, and proficiency, as well as ethics, that the marital and family law certification committee finds sufficient to meet the trial requirements for certification. At a minimum, in each of the 7 cases, the applicant must have presided over a contested evidentiary trial where at least 1 direct and 1 cross examination of at least 2 different witnesses was conducted and at least 1 piece of evidence was introduced as an exhibit. If the applicant handled the cases as an advocate, the applicant must have been responsible for all or a majority of the presentation of evidence and/or representation of the client. An advanced trial advocacy seminar approved by the marital and family law certification committee,
completed either by teaching, attendance, or a combination thereof, shall qualify as 1 of the 7 trials.
(2) The applicant shall have substantial involvement, as defined in rule 6-6.2(e), in at least 18 contested marital and family law cases sufficient to demonstrate special competence in marital and family law. Any trials in excess of the 7 trials meeting the criteria of subdivision (b)(1) shall automatically qualify as substantial involvement cases.
(3) The determination of whether the applicant has sufficiently demonstrated substantial involvement in each case submitted shall be made on a qualitative basis by the marital and family law certification committee using the information provided by the applicant. The marital and family law certification committee reserves the right to seek additional information from the applicant as it deems necessary to make its determination that the minimum number of cases requirement has been met.
(c) Peer Review. The applicant shall submit names and addresses of 6 lawyers, who are neither current nor former associates or partners of the applicant within the 5-year period immediately preceding the date of application, as references to attest to the applicant's substantial competence and active involvement in marital and family law, as well as the applicant's character, ethics, and reputation for professionalism. At least 5 of the lawyers shall be members of The Florida Bar, with their principal office located in the state of Florida. Such lawyers need not be Florida Bar board certified in marital and family law, however, they should be substantially involved in marital and family law and familiar with the applicant's judicial service. This requirement is to ensure meaningful comment on the applicant's special knowledge, skills, proficiency, character, and reputation for professionalism in marital and family law, including the consideration of the needs of children and the family unit affected by the applicant's judicial service. Judicial references shall not be required.
(d) Education. The applicant shall comply with rule 6-6.3(d).
(e) Examination. The applicant must pass the examination required by rule 6-6.3(e).