Transitioning Away from Diversity and Inclusion
The Florida Bar is actively working to revamp its policy on “diversity and inclusion,” shifting toward a broader focus on “the quality of legal services.” This significant policy change aligns with mounting pressure from Florida’s Supreme Court, which has consistently opposed attorney diversity initiatives centered on race and gender. In January, the court directed the Florida Bar to eliminate funding for diversity and inclusion efforts from its upcoming budget. This directive prompted the bar to reevaluate and revise its governing policies.
Revised Policy Reflects New Priorities
The Florida Bar’s Board of Governors plans to deliberate on the updated policy during its Friday meeting. While a spokesperson for the bar refrained from commenting further, the proposed policy marks a clear departure from the current approach. The existing policy commits to enhancing diversity and inclusion within the legal profession, legal education, and the justice system. It explicitly affirms dedication to fostering a diverse and inclusive environment.
In contrast, the revised policy, titled “Improvement of the Quality of Legal Services,” emphasizes the enhancement of legal services without referencing diversity or inclusion. Instead, it underscores a commitment to fostering “equal access and opportunity for all.” This shift highlights a broader but less specific approach to promoting equity within the legal profession.
Ongoing Tensions with the Supreme Court
The Florida Bar’s evolving stance reflects ongoing friction with the state Supreme Court. In 2021, the court blocked a policy from the bar’s business section that required continuing legal education programs with three or more presenters to include at least one speaker from an underrepresented demographic. The court’s recent directives have continued to reshape the bar’s priorities.
In February, the court removed “bias elimination” from the list of approved ethics topics for continuing legal education credit. Moreover, the court barred judges from earning credit for courses on “fairness and diversity.” These decisions align with a broader trend of anti-diversity efforts in Florida, driven by a Supreme Court composed entirely of justices appointed by Republican governors.
Broader Implications for the Legal Profession
Florida’s approach mirrors similar movements in other parts of the legal field. In August, the American Bar Association’s legal education arm proposed removing “race and ethnicity” from its law school diversity standard, responding to the U.S. Supreme Court’s 2023 ruling prohibiting race-based college admissions. Although critics denounced this proposal as an overreach, the ABA restored “race and ethnicity” to the revised standard in November. That amendment remains under review.
The Florida Bar’s policy overhaul exemplifies a growing nationwide trend to reassess and, in some cases, retreat from diversity initiatives. These shifts continue to spark debate about the balance between fostering equity and adhering to legal and political constraints.