Neal Kirkpatrick v. Leander J. Shaw, Jr., John H. Moore, 70 F.3d 100 (11th Cir. 1995). · Go Syfert
Neal Kirkpatrick v. Leander J. Shaw, Jr., John H. Moore, 70 F.3d 100 (11th Cir. 1995). Cases Citing This Book View Copy Cite
28 citation events (21 in the last 25 years) across 11 distinct courts.
Strongest positive: DELIU v. FLORIDA BOARD OF BAR EXAMINERS (flnd, 2025-08-06)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 19 distinct citers. How cited ↗
discussed Cited as authority (rule) DELIU v. FLORIDA BOARD OF BAR EXAMINERS
N.D. Fla. · 2025 · confidence medium
To the extent Plaintiff claims that he has the fundamental right to practice law, the Eleventh Circuit has unequivocally held otherwise: “The right to practice law is not a fundamental right.” Kirkpatrick v. Shaw, 70 F.3d 100, 103 (11th Cir. 1995) (citing Jones v. Bd. of Comm’rs of Ala. State Bar, 737 F.2d 996, 1000 (11th Cir. 1984)); Schwarz v. Kogan, 132 F.3d 1387 , 1390 n.2 (11th Cir. 1998).
discussed Cited as authority (rule) MULLANE v. ALMON
N.D. Fla. · 2021 · confidence medium
As noted above, the Supreme Court opined that a State has “an extremely important interest in maintaining and assuring the professional conduct of the attorneys it licenses.” Middlesex Cnty., 457 U.S. at 434 ; see The Fla. Bar v. Went For It, Inc., 515 U.S. 618, 625 (1995) (“We have little trouble crediting the [Florida] Bar’s interest [in regulating its lawyers] as substantial.”); Kirkpatrick v. Shaw, 70 F.3d 100, 103 (11th Cir. 1995) (“States have a compelling interest in the practice of professions within their boundaries, and . . . [t]he interest of the States in regulating law…
discussed Cited as authority (rule) Target Media Partners v. Specialty Marketing Corporation (2×)
11th Cir. · 2018 · confidence medium
See Berman v. Fla. Bd. of Bar Exam’rs, 794 F.2d 1529 (11th Cir. 1986); Kirkpatrick v. Shaw, 70 F.3d 100, 102 (11th Cir. 1995); Even if the general subject matter of the instant suit involves some of the factual background found in the state court trial, the suit here is not barred by Rooker-Feld-man because the claims are independent from those that constituted the Alabama case.
discussed Cited as authority (rule) Petersen v. Florida Bar (2×) also: Cited "see"
M.D. Fla. · 2010 · confidence medium
See, e.g., Law Students Civil Rights Research Council, Inc. v. Wadmond, 401 U.S. 154, 159 , 91 S.Ct. 720 , 27 L.Ed.2d 749 (1971) (finding no First Amendment infirmity in requirements of character and general fitness for admission to state bar, despite appellants’ argument that very existence of these standards works a chilling effect on applicants’ speech); Kirkpatrick, 70 F.3d at 104 (rejecting plaintiffs claim that Florida bar *1367 rules chill speech of qualified applicants pending favorable outcome of character investigation, and expressly finding no First Amendment violations in chall…
discussed Cited as authority (rule) NATIONAL ASS'N OF OPTOMETRISTS & OPTIC. v. Lockyer
E.D. Cal. · 2006 · confidence medium
See, e.g., Head v. New Mexico Bd. of Exam'rs in Optometry, 374 U.S. 424, 428-29 , 83 S.Ct. 1759 , 10 L.Ed.2d 983 (1963) (law prohibiting optometrists from mentioning specific prices in their advertising); Tolchin v. Sup.Ct. of State of New Jersey, 111 F.3d 1099, 1106-11 (3rd Cir.1997) (requirements for the practice of law in state); Kirkpatrick v. Shaw, 70 F.3d 100, 103 (11th Cir.1995) (rules for lawyers' admission to state bar); Tetra Technologies, Inc. v. Harter, 823 F.Supp. 1116, 1121-24 (S.D.N.Y.1993) (law on licensing engineers); Ferndale, 79 F.3d at 492-96 (regulation of wholesale distri…
discussed Cited as authority (rule) National Ass'n of Optometrists & Opticians v. Lockyer
E.D. Cal. · 2006 · confidence medium
See, e.g., Head v. New Mexico Bd. of Exam’rs in Optometry, 374 U.S. 424, 428-29 , 83 S.Ct. 1759 , 10 L.Ed.2d 983 (1963) (law prohibiting optometrists from mentioning specific prices in their advertising); Tolchin v. Sup.Ct. of State of New Jersey, 111 F.3d 1099, 1106-11 (3rd Cir.1997) (requirements for the practice of law in state); Kirkpatrick v. Shaw, 70 F.3d 100, 103 (11th Cir.1995) (rules for lawyers’ admission to state bar); Tetra Technologies, Inc. v. Harter, 823 F.Supp. 1116, 1121-24 (S.D.N.Y.1993) (law on licensing engineers); Femdale, 79 F.3d at 492-96 (regulation of wholesale dis…
discussed Cited as authority (rule) North Olmsted Chamber of Commerce v. City of North Olmsted
N.D. Ohio · 2000 · confidence medium
Auth., 136 F.3d 123, 131 (2d Cir.1998); Desert Outdoor Advertising, Inc. v. City of Moreno Valley, 103 F.3d 814, 818-19 (9th Cir.1996), cert, denied, 522 U.S. 912, 118 S.Ct 294 , 139 L.Ed.2d 227 (1997); Kirkpatrick v. Shaw, 70 F.3d 100, 104 (11th Cir.1995); Outdoor Sys., Inc. v. City of Mesa, 997 F.2d 604 , 613 (9th Cir.1993); Kitty’s East v. United States, 905 F.2d 1367, 1371 (10th Cir.1990); FTC v. Brown & Williamson Tobacco Corp., 778 F.2d 35, 43-44 (C.A.D.C. 1985), neither the Supreme Court nor the Sixth Circuit' — this Court's polestars — has so decided.
discussed Cited as authority (rule) National Pharmacies, Inc. v. De Melecio
D.P.R. · 1999 · confidence medium
See Head v. New Mexico Bd. of Exam’r in Optometry, 374 U.S. 424, 428-29 , 83 S.Ct. 1759, 1762-63 , 10 L.Ed.2d 983 (1963) (law prohibiting optometrists from mentioning specific prices in their advertising); Tol-chin v. Supreme Court of New Jersey, 111 F.3d 1099, 1106-11 (3rd Cir.1997) (requirements for the practice of law in state); Kirkpatrick v. Shaw, 70 F.3d 100, 103 (11th Cir.1995) (rules for lawyers’ admission to state bar); Tetra Technologies,.
discussed Cited as authority (rule) Schwarz v. Kogan
11th Cir. · 1998 · confidence medium
In Waters v. Kemp, 845 F.2d 260, 263 (11th Cir. 1988), for example, this Circuit emphasized that one of the traditions of the legal profession is that a lawyer, as an officer of the court, is "obligated to represent indigents for Kirkpatrick v. Shaw, 70 F.3d 100, 103 (11th Cir. 1995) (per curiam) (holding that rational basis review is the appropriate standard for classifications affecting the admission of applicants to the bar); Jones v. Board of Commissioners, 737 F.2d 996, 1000-01 (11th Cir.) (same finding with respect to equal protection and substantive due process challenges to rules limit…
discussed Cited "see, e.g." Gregory Bartko v. John Earles
11th Cir. · 2024 · signal: see also · confidence medium
See Feldman, 460 U.S. at 483-84 ; see also Kirkpatrick v. Shaw, 70 F.3d 100, 102 (11th Cir. 1995) (holding the district court correctly determined it had subject matter jurisdiction over the plaintiff’s fa- cial challenge to the constitutionality of Florida’s general rules and procedures governing admission to the bar).
discussed Cited "see, e.g." In the MATTER OF the Application for Licensure of Nadeen GRIEPENTROG
Minn. Ct. App. · 2016 · signal: see, e.g. · confidence medium
See, e.g., Kirkpatrick v. Shaw, 70 F.3d 100, 103 (11th Cir. 1995) (holding that Florida state bar’s character *497 and fitness requirement for attorneys did not violate Dormant Commerce Clause); Excelsior Coll. v. Cal. Bd. of Registered Nursing, 136 Cal.App.4th 1218 , 39 Cal. Rptr.3d 618, 630 (2006) (holding that alleged burden on out-of-state college whose distance learning program did not comply with California nursing-program requirements was clearly outweighed by benefit to state citizens of insuring a minimum level of competency in nurses).
examined Cited "see, e.g." Locke v. Shore (4×)
11th Cir. · 2011 · signal: see, e.g. · confidence medium
See, e.g., Kirkpatrick v. Shaw, 70 F.3d 100, 103 (11th Cir.1995) (per curiam) (analyzing whether Florida's state bar character and fitness requirement violated the Dormant Commerce Clause); Serv.
discussed Cited "see, e.g." Eva Locke v. Joyce Shore (2×)
11th Cir. · 2011 · signal: see, e.g. · confidence medium
See, e.g., Kirkpatrick v. Shaw, 70 F.3d 100, 103 (11th Cir. 1995) (per curiam) (analyzing whether Florida’s state 9 bar character and fitness requirement violated the Dormant Commerce Clause); Serv.
discussed Cited "see, e.g." Phillip M. Branch, Sr. v. Shirley Franklin
11th Cir. · 2008 · signal: see also · confidence medium
See Pacheco de Perez v. AT & T Co., 139 F.3d 1368, 1376 (11th Cir.1998) (holding that the Privileges and Immunities Clause “requires each state to provide access to its courts ‘to the citizens of all other states to the precise extent that it is *577 allowed to its own citizens’ ”) (quoting Chambers v. Baltimore & Ohio RR Co., 207 U.S. 142, 148 , 28 S.Ct. 34 , 52 L.Ed. 143 (1907)); see also Kirkpatrick v. Shaw, 70 F.3d 100, 102-03 (11th Cir.1995) (concluding that appellant failed to state a claim under the Privileges and Immunities Clause because the Florida Bar Rules did not discrimin…
discussed Cited "see, e.g." Simmang v. Texas Board of Law Examiners
W.D. Tex. · 2004 · signal: see also · confidence medium
See also Kirkpatrick v. Shaw, 70 F.3d 100, 103 (11th Cir.1995) ("The right to practice law is not a fundamental right”); Younger v. Colorado State Bd. of Law Examiners, 625 F.2d 372 , 377 n. 3 (10th Cir.1980) ("We do not feel that entry into law practice is a 'fundamental right' ”); Lombardi v. Tauro, 470 F.2d 798 , 800 n. 4 (1st Cir.1972), cert. denied, 412 U.S. 919 , 93 S.Ct. 2734 , 37 L.Ed.2d 145 (1973) ("Appellant urges us to hold that the pursuit of one's chosen occupation- is a 'fundamental right' ... we are most hesitant to expand the category of 'fundamental rights' beyond those wh…
discussed Cited "see, e.g." In the Matter of Bar Admission of Helgemo (2×)
Wis. · 2002 · signal: see, e.g. · confidence low
See, e.g., Kirkpatrick v. Shaw, 70 F.3d 100 (11th Cir. 1995); Giannini v. Real, 911 F.2d 354 (9th Cir. 1990), cert. denied, 498 U.S. 1012 (1990); Matter of Tocci, 413 Mass. 542 , 600 N.E.2d 577 *95 (1992).
discussed Cited "see, e.g." Schwarz v. Kogan
11th Cir. · 1998 · signal: see, e.g. · confidence medium
See, e.g., Kirkpatrick v. Shaw, 70 F.3d 100, 103 (11th Cir.1995) (per curiam) (holding that rational basis review is the appropriate standard for classifications affecting the admission of applicants to the bar); Jones v. Board of Commissioners, 737 F.2d 996, 1000-01 (11th Cir.) (same finding with respect to equal protection and substantive due process challenges to rules limiting the number of times an applicant could sit for the bar), reh’g denied, 745 F.2d 72 (1984). 3 .
discussed Cited "see, e.g." Bronstein v. Supreme Court of Colorado
D. Colo. · 1997 · signal: compare · confidence medium
Compare Berman at 1530 *1364 (§ 1988 action by unsuccessful bar applicant seeking declaration that denial unlawful and requesting admission to bar properly dismissed as second type of claim) with Kirkpatrick v. Shaw, 70 F.3d 100, 102 (11th Cir. 1995) (district court correctly determined that it had subject matter jurisdiction only over plaintiffs facial challenge to the constitutionality of Florida’s general rules and procedures governing admission to bar, not over his challenge to Board’s denial of his application).
discussed Cited "see, e.g." Dale v. Moore
11th Cir. · 1997 · signal: see also · confidence medium
Id. at 1530; see also Kirkpatrick v. Shaw, 70 F.3d 100, 102 (11th Cir.1995) (“The district court correctly determined that it had subject matter jurisdiction only over [plaintiffs] facial challenge to the constitutionality of Florida’s general rules and procedures governing admission to the bar[.]”); Johnson v. State of Kansas, 888 F.Supp. 1073, 1081-86 (D.Kan.1995) (unsuccessful applicant to Kansas Bar with chronic bipolar affective disorder alleged discrimination under the ADA; court held that applicant’s claims were inextricably intertwined with Kansas Supreme Court’s decision not…
Retrieving the full opinion text from the archive…
Neal KIRKPATRICK, Plaintiff-Appellant,
v.
Leander J. SHAW, Jr., John H. Moore, Defendants-Appellees
93-3400.
Court of Appeals for the Eleventh Circuit.
Dec 5, 1995.
70 F.3d 100
1995 U.S. App. LEXIS 33730
1995 WL 684037
Neal Kirkpatrick, Palm Harbor, FL, Pro Se., Wendy Morris, Asst. Atty. Gen. of FL, Dept, of Legal Affairs, Tallahassee, FL, for Shaw., C. Graham Carothers, Ausley, McMullen & McGhee, P.A., Tallahassee, FL, for Moore.
Kravitch, Anderson, Carnes.
Cited by 23 opinions  |  Published
PER CURIAM:

Plaintiff-Appellant Neal Kirkpatrick, a Florida resident, filed this pro se civil rights action against then Chief Justice Leander Shaw, of the Florida Supreme Court, and John Moore, executive director of the Florida Board of Bar Examiners (“FBBE”). Kirkpatrick has alleged numerous constitutional deficiencies in Florida’s bar admissions system.

Kirkpatrick was admitted to practice law in Oklahoma in 1956 and New York in 1959. He moved to Florida in 1978, but did not practice law there. In 1989, he applied for admission to the Florida bar, and he passed the Florida bar exam.

The FBBE’s character investigation revealed certain facts adverse to Kirkpatrick’s application for admission to the bar. Pend[*102] ing a more extensive FBBE investigation, Kirkpatrick filed this complaint in federal district court. He complained that the FBBE requirements for attorneys who had been previously admitted in other jurisdictions were unduly burdensome, and unconstitutionally violated freedom of speech, full faith and credit between states, the Commerce Clause, the Due Process and Equal Protection Clauses, and the Privileges and Immunities Clause.

During the pendency of this lawsuit, the FBBE granted Kirkpatrick a hearing, and determined that he lied on his bar application and omitted information about past unethical conduct. On December 31, 1991, the FBBE recommended that the Florida Supreme Court deny Kirkpatrick’s application for admission to the bar, and the Court adopted the recommendation. Kirkpatrick raised constitutional objections in petitions for review before the Florida Supreme Court and the United States Supreme Court. The Florida Supreme Court denied Kirkpatrick’s petition for review on November 17, 1992, and the U.S. Supreme Court denied certiora-ri on April 19, 1993.

The district court reviewed Kirkpatrick’s constitutional claims and granted the defendants’ motion for summary judgment on October 20, 1993. Kirkpatrick filed a notice of appeal on November 12,1993. On February 10,1994, the district court awarded attorneys’ fees against Kirkpatrick. [1]

The district court correctly determined that it had subject matter jurisdiction only over Kirkpatrick’s facial challenge to the constitutionality of Florida’s general rules and procedures governing admission to the bar (the “Florida Bar Rules”). Federal district courts lack jurisdiction over claims, “based on constitutional or other grounds, that a state court’s judicial decision in a particular case has resulted in the unlawful denial of admission to a particular bar applicant.” Berman v. Florida Bd. of Bar Examiners, 794 F.2d 1529, 1530 (11th Cir.1986). Review of the merits of the Florida Supreme Court’s decision to deny Kirkpatrick’s application may be had only in the Supreme Court on certiorari. See D.C. Court of Appeals v. Feldman, 460 U.S. 462, 486, 103 S.Ct. 1303, 1317, 75 L.Ed.2d 206 (1983). [2]

The district court proceeded to address Kirkpatrick’s objections to the facial validity of the Florida Bar Rules. The court correctly rejected all of Kirkpatrick’s arguments.

(a) Full Faith and Credit

Kirkpatrick argues that his admission to practice law in Oklahoma and New York is a state court judgment that must be accorded full faith and credit in the courts of Florida. See U.S. Const, art. IV, § 1. However, Kirkpatrick’s admission in Oklahoma and New York qualified him to practice law only in those states, not in Florida. The district court correctly held that admission to practice in another state does not entitle an applicant to automatic admission to the Florida bar. See O’Neal v. Thompson, 559 F.2d 485, 486 (9th Cir.1977) (per curiam); Hawkins v. Moss, 503 F.2d 1171, 1175-76 (4th Cir.1974), cert. denied, 420 U.S. 928, 95 S.Ct. 1127, 43 L.Ed.2d 400 (1975).

(b) Privileges and Immunities

Kirkpatrick argues that the Privileges and Immunities Clause (of Article IV) prevents states from interfering with the “fundamental right” to practice law. Kirkpatrick fails to state a claim under this constitutional provision, because the Florida Bar Rules do not discriminate on the basis of out-of-state residency. See Supreme Court of Virginia v. Friedman, 487 U.S. 59, 65, 108[*103] S.Ct. 2260, 2264-65, 101 L.Ed.2d 56 (1988) (disparate treatment of nonresident bar applicants violates Privileges and Immunities Clause); Supreme Court of New Hampshire v. Piper, 470 U.S. 274, 288, 105 S.Ct. 1272, 1280, 84 L.Ed.2d 205 (1985) (residency requirement for bar applicants held unconstitutional); Giannini v. Real, 911 F.2d 354, 357 (9th Cir.) (requiring out-of-state attorneys to take the California bar does not violate the Privileges and Immunities Clause because there is no disparate treatment of nonresidents), ce rt. denied, 498 U.S. 1012, 111 S.Ct. 580, 112 L.Ed.2d 585 (1990). All Florida bar applicants, both residents and nonresidents, must meet the same requirements for admission. [3]

(c) Commerce Clause

Kirkpatrick also alleges that the Florida Bar Rules violate the negative implications of the Commerce Clause because they have a protectionist purpose (i.e., to prevent out-of-state attorneys from practicing law in Florida) and/or because the rules impose an undue burden on interstate commerce. Kirkpatrick has failed to demonstrate that the Florida Bar Rules discriminate against interstate commerce, either facially or in practical effect. See Brown-Forman Distillers Corp. v. New York Liquor Authority, 476 U.S. 573, 579, 106 S.Ct. 2080, 2084, 90 L.Ed.2d 552 (1986). State regulations that do not discriminate against interstate commerce are struck down only if “the burden imposed on [interstate] commerce is clearly excessive in relation to the putative local benefits.” Pike v. Bruce Church, Inc., 397 U.S. 137, 142, 90 S.Ct. 844, 847, 25 L.Ed.2d 174 (1970). Requiring all applicants to the Florida bar to submit to a review for fitness to practice law is not a “clearly excessive” burden, especially in light of the expected benefit of protecting Florida’s citizens from unscrupulous attorneys. Cf. Scariano v. Justices of the Supreme Court of Indiana, 38 F.3d 920, 928 (7th Cir.1994) (“The requirement that a practitioner wishing to practice in two states take the bar exam in both states is not excessive in light of the state’s interest in regulating the profession.”).

(d) Due Process and Equal Protection

Kirkpatrick argues that the FBBE’s character review process is unduly lengthy, burdensome and irrelevant, and that the bar’s character requirements are unconstitutionally vague and subjective. Kirkpatrick also argues that the Rules violate equal protection because out-of-state lawyers, as a class, are subject to more stringent standards for seeking a Florida license than other out-of-state professionals, such as physicians and architects.

The right to practice law is not a fundamental right and therefore rational basis review is the appropriate standard for classifications affecting applicants for admission to the bar. See Jones v. Board of Commissioners of Alabama State Bar, 737 F.2d 996, 1000 (11th Cir.1984). We agree with the district court that Florida may require bar applicants to undergo a character and fitness investigation before being allowed to practice law. This requirement is rationally related to Florida’s interest in regulating the practice of law. See Goldfarb v. Virginia State Bar, 421 U.S. 773, 792, 95 S.Ct. 2004, 2016, 44 L.Ed.2d 572 (1975) (“States have a compelling interest in the practice of professions within their boundaries, and ... they have broad power to establish standards for licensing practitioners and regulating the practice of professions____ The interest of the States in regulating lawyers is especially great since lawyers are essential to the primary governmental function of administering justice, and have historically been ‘officers of the courts.’ ”) (citations omitted); Schware v. Board of Bar Examiners of New Mexico, 353 U.S. 232, 239, 77 S.Ct. 752, 756, 1 L.Ed.2d 796 (1957) (“A State can require high standards of qualification, such as good moral character or proficiency in its law, before it admits an applicant to the bar,” as long as the qualifications are rationally related to the applicant’s fitness to practice law).

[*104] (e) First Amendment Freedom of Speech

The Supreme Court has recognized that attorneys have a protected right to commercial speech under the First Amendment. See, e.g., Bates v. State Bar of Arizona, 433 U.S. 350, 97 S.Ct. 2691, 53 L.Ed.2d 810 (1977). Kirkpatrick argues that Florida’s bar admissions process constitutes a pri- or restraint on protected commercial speech by attorneys. Kirkpatrick’s basic argument is that the Florida Bar Rules prevent otherwise qualified applicants from engaging in speech as attorneys, pending the favorable outcome of a character investigation. His argument fails, inter alio, because he has not “qualified” and because his claim that Florida is improperly rejecting his application is without merit. None of the challenged Florida Bar Rules violate the First Amendment. The district court properly found this argument to be without merit.

For the foregoing reasons, Plaintiff-Appellant has failed to demonstrate that the Florida Bar Rules violate the United States Constitution.

AFFIRMED. [4]

1

. Plaintiff-Appellant failed to file a separate notice of appeal from the order awarding attorneys’ fees. Because Plaintiff-Appellant’s brief was not filed within the time specified by Fed.R.App.P. 4, it is ineffective as a notice of appeal. Therefore, because the requirements of Fed.R.App.P. 3 are jurisdictional in nature, appellate review of the award of attorneys’ fees is inappropriate. See Smith v. Barry, 502 U.S. 244, 248-50, 112 S.Ct. 678, 682, 116 L.Ed.2d 678 (1992).

2

. Plaintiff-Appellant has moved the Court to supplement the record with a transcript of his hearing before the FBBE. Because this Court lacks subject matter jurisdiction over the merits of the Florida Supreme Court's denial of his admission, this motion is denied as moot.

3

. The plaintiff’s argument that the Florida Bar Rules impair his fundamental right to travel is also without merit.

4

. Plaintiff-Appellant's request for oral argument is denied.