MINIMUM STANDARDS FOR JUDICIAL OFFICERS

The applicant may be eligible for board certification if the applicant has served as a judicial officer within the 5-year period immediately preceding the application date and complies with 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 service to marital and family law cases during the 5-year period immediately preceding the application date.

(b) Minimum Number of Cases. The applicant must have trial experience and substantial involvement as set forth in this rule as a judicial officer who presided over or as an advocate who handled a minimum of 25 contested marital and family law cases in circuit courts during the 5-year period immediately preceding the application date. All 25 cases must have involved substantial legal or factual issues other than the dissolution of marriage.

(1) Trial Experience. At least 7 of the 25 cases must have been trials as defined in this subchapter. The skill-set inherent in presiding over a marital and family law case as a judicial officer encompasses all of the special knowledge, skills, proficiency, and ethics that the marital and family law certification committee finds sufficient to meet the trial requirements for certification. The applicant must have presided over or acted as an advocate in 7 contested evidentiary trials 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. The applicant must have been responsible for at least a majority of the presentation of evidence or representation of the client if the applicant handled the cases as an advocate. Completion of an advanced trial advocacy seminar approved by the marital and family law certification committee teaching, attendance, or a combination qualifies as 1 of the 7 trials.

(2) Substantial Involvement. The applicant must have substantial involvement as defined in this subdivision in at least 18 contested marital and family law cases to demonstrate special competence in marital and family law. Any trials in excess of the 7 trials meeting the criteria of trial experience in this rule automatically qualify as substantial involvement cases. The determination of whether the applicant has sufficiently demonstrated substantial involvement in each case submitted will 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 may require additional information from the applicant to make its determination that the minimum number of cases requirement has been met.

(c) Peer Review. The applicant must 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 to complete peer review forms. At least 5 of the lawyers must 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. Judicial references are not required.

(d) Education. The applicant must complete at least 75 credit hours of approved continuing legal education in the field of marital and family law during the 5-year period immediately preceding the application date. At least 5 of the 75 credit hours must be in ethics, dispute resolution, collaborative law, or mental health continuing legal education.