Tuesday, January 14, 2014

Is the Florida Bar a "Governmental Unit"?


I don't want to stir up any hornets' nests, but Judge Marra just ruled that the Florida Bar is an "arm of the Supreme Court of Florida and is therefore a governmental unit."

Seems logical, but I know there is at least one person who usually gets very exercised over such matters.

Here's the key portion of his opinion:
In fact, the Florida Bar has been recognized as an arm of the State of Florida by the Eleventh Circuit Court of Appeals in the context of civil rights suits that may be brought against state actors under 42 U.S.C. § 1983. In Doe v. Florida Bar, 630 F.3d 1336, 1342 (11th Cir. 2011), when addressing the elements necessary to assert a claim under § 1983, the Court stated, “the state action element clearly exists.”6 Thus, this Court agrees with the Bankruptcy Court’s conclusion that the Florida Bar was created as an arm of the Supreme Court of Florida and is therefore a governmental unit.
Red meat time!



2 comments: