Hello everyone and welcome to this Ethics Alert, which will discuss the Florida Bar Board of Governor’s (BOG) review of a proposed amendment to Florida Bar Rule 3-5.2 regarding emergency suspension of lawyers charged with a felony crime in either state or federal court.
The BOG is expected to consider the proposed amendment to Florida Bar Rule 3-5.2 at its January 21, 2022 meeting. The BOG Disciplinary Procedure Committee’s draft amendment resulted from a June 11, 2021 letter from the Florida Supreme Court wherein the justices noted that Rule 3-7.2 “pertains to felony determinations or judgments of guilt, both of which only occur at the conclusion of the criminal matter” and requested that the Bar review the rule and require a temporary suspension for lawyers who are charged with felonies in state or federal court.
The proposed amendment would add new subdivision (b) allowing an emergency suspension where a lawyer has been charged with a felony in state or federal court. The proposed amendment also requires the Bar to file a document called “Notice of Institution of Felony Charge Causing Great Public Harm” if the Bar determines, after review, that an emergency suspension is warranted “because the allegations in the charging documents, if proven, would establish clearly and convincingly that the lawyer appears to be causing great public harm.”
The amendment also permits the lawyer to file a motion to dissolve the emergency suspension after it is imposed and request that the appointed referee dissolve the suspension.
At its January 21, 2022 meeting, the Board will also consider a Disciplinary Procedure Committee proposal to amend Florida Bar Rule 3-7.2 that would require Florida Bar members who enter any pre-trial diversion program in any criminal case, or who receive a censure or reprimand in another state, to notify The Florida Bar.
If approved, the proposed amendments will be forwarded to the Supreme Court for final consideration. Copies of the proposed amendment and back up BOG agenda documents are available upon request to The Florida Bar’s public records department.
Bottom line: This proposed Bar Rule 3-5.2 amendment, if approved by the BOG and implemented by the Florida Supreme Court, may create constitutional issues since individuals who are charged with crimes are presumed innocent until proven guilty by clear and convincing evidence. I will continue to follow this and will provide updates when available.
Be careful out there.
Disclaimer: this e-mail is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.
Joseph A. Corsmeier, Esquire
Law Office of Joseph A. Corsmeier, P.A.
2999 Alt. 19, Suite A
Palm Harbor, Florida
Office (727) 799-1688
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