The practice of charging a higher application fee for attorneys admitted to the Florida Bar, who were previously admitted to the bar in another state for over a year, has been upheld by a federal court. The court stipulated that this does not infringe upon the dormant Commerce Clause in a practical manner.
This judgement was a consequence of a suit filed by attorney David Drwencke, who has been admitted in three other jurisdictions for more than a year. Drwencke argued against the Florida Board of Bar Examiners and others, suggesting that the rule infringes upon the dormant Commerce Clause, as stated in Article 1 of the US Constitution. Despite his argument, his partial summary judgement motion was denied by Judge Allen C. Winsor of the US District Court for the Northern District.
This rule imposes a higher fee on those who have been admitted to an out-of-state bar for over a year. The court’s decision confirms that the rule does not have a violating effect on the dormant Commerce Clause, which restricts the states’ ability to regulate interstate commerce without the consent of Congress.
For more comprehensive coverage, see Bloomberg Law’s report on the issue.