Q: If a prosecutor is deemed DELINQUENT, PROHIBITED from practicing law, how can they still try a case in front of jury
Florida Bar RULE 6-10.3 MINIMUM CONTINUING LEGAL EDUCATION STANDARDS
(b) Minimum Hourly Continuing Legal Education
Every member must complete a minimum of 30 credit hrs of approved continuing legal education activity every 3yrs
RULE 6-10.5 DELINQUENCY
(a) If a member fails to complete and report the minimum required continuing legal education hours by the end of the applicable reporting period, the member shall be deemed delinquent in accordance with rule 1-3.6, Rules Regulating The FL. Bar.
RULE 1-3.6 DELINQUENT MEMBERS
Any person licensed to practice law in FL. is deemed a delinquent member if the member fails to:
(b) comply with continuing legal education or basic skills course requirements
Delinquent members are not members of The FL. Bar in good standing and therefore are prohibited from engaging in the practice of law in FL. and are not entitled to any privileges and benefits accorded to members of The FL. Bar in good standings
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A:
If a prosecutor is delinquent and prohibited from practicing law, they are not allowed to try a case in front of a jury. According to the Florida Bar rules, failing to meet the minimum continuing legal education requirements results in delinquency. This status means the prosecutor is no longer in good standing with the Florida Bar.
When a lawyer becomes delinquent, they lose their legal privileges, including the ability to practice law in Florida. This prohibition extends to all legal activities, such as representing clients in court or participating in trials.
If you are facing a situation where a delinquent prosecutor is trying to handle a case, it's important to bring this to the attention of the court. The prosecutor's lack of good standing should disqualify them from practicing, ensuring that your legal proceedings are handled by a qualified and compliant attorney.
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