Hello everyone and welcome to this Ethics Alert, which will discuss the recent Florida Supreme Court opinion approving new Rule 3-7.18 related to disposition of judicial referrals with a minor revision. The case style is In Re: Amendment to Rule Regulating The Florida Bar 3-7.18, Case No. SC21-653 and the 10/21/21 opinion is here: https://www.floridasupremecourt.org/content/download/797197/opinion/sc21-653.pdf
New Florida Bar Rule 3-7.18 creates special procedures for review by the Florida Bar’s Board of Governors and the Florida Supreme Court related to Bar complaints or matters initiated by judges and suspends deadlines for the disposition of such judicial referrals. The opinion removed the provision that required the Florida Supreme Court to make a decision on the referral within 30 days or the Bar’s recommended disposition would become final.
New Rule 3-7.18 is below:
RULE 3-7.18 DISPOSITION OF INQUIRIES OR COMPLAINTS REFERRED TO THE BAR BY MEMBERS OF THE JUDICIARY
(a) Definitions. Wherever used in this rule, the following words or terms have the following meaning:
(1) Disposition. A disposition of an inquiry or complaint is the termination of an inquiry or complaint before a finding of probable cause or the filing of a formal complaint where a probable cause finding is not required. A disposition includes a:
(A) decision not to pursue an inquiry;
(B) dismissal of a disciplinary case;
(C) finding of no probable cause;
(D) finding of no probable cause with issuance of a letter of advice;
(E) recommendation of diversion; and
(F) recommendation of admonishment for minor misconduct.
(2) Judicial Referral. A judicial referral is an inquiry, communication, or complaint questioning the conduct of a member of the bar submitted to the bar by a member of the judiciary. A judicial referral also includes a court order, judgment, or opinion specifically referring to the bar a matter questioning the conduct of a member of the bar.
(b) Suspension of Deadlines for Final Disposition of Judicial Referrals. All deadlines for final disposition elsewhere in these rules are suspended under this rule. No disposition of a judicial referral will become final until the review required by this rule is complete.
(c) Review by Board of Governors. The disciplinary review committee will review all dispositions of judicial referrals first and will recommend a disposition to the board. The board may accept or reject the recommended disposition. If the board rejects the recommended disposition, the board may:
(1) refer the matter to a grievance committee for additional investigation or review;
(2) find probable cause, and the case will proceed accordingly; or
(3) recommend a different disposition to the Supreme Court of Florida.
The executive committee may act on behalf of the board or disciplinary review committee in connection with its review of dispositions of judicial referrals as specified with other disciplinary matters under these rules.
(d) Supreme Court of Florida Review. The Supreme Court of Florida may review the board’s recommendation for approval of dispositions of judicial referrals.
(1) Submission of Summary Report and Documents. The bar will submit the board’s recommendations for approval of judicial referrals to the clerk of the Supreme Court of Florida as soon as practicable after the board’s decision but not later than 30 days The submission will include a summary report of the inquiry or complaint; the nature of the alleged rule violations; the board’s recommended disposition; the judicial referral; any response by the respondent; applicable orders, decisions, opinions, or communications by the judge or court; and all other nonconfidential documents considered by the board.
(2) Supreme Court of Florida Actions. The Supreme Court of Florida may take the following actions:
(A) approve the board’s recommended disposition;
(B) reject the board’s recommendation, which will be deemed a finding of probable cause and direction to the bar to file a formal complaint;
(C) refer the matter back to the board for further review, with or without a recommendation or guidance; or
(D) request that the bar provide additional information.
Bottom line: As I previously blogged, The Florida Bar was previously following a version of the procedures in this rule by policy and the delay caused by the additional layers of procedures will now be required by rule, including review by the Board of Governors and review by the Supreme Court of Florida. The new rule also provides for the suspension of all deadlines for final disposition of Bar complaint matter under the Florida Bar Rules. The rule becomes effective on December 20, 2021 at 12:01 am.
Be careful out there.
Joseph A. Corsmeier, Esquire
Law Office of Joseph A. Corsmeier, P.A.
2999 Alt. 19, Suite A
Palm Harbor, Florida
Office (727) 799-1688
Fax (727) 799-1670
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